GM Card Terms and Conditions

Your GM Card Rates

Interest Rates and Interest Charges

Annual Percentage Rate
(APR) for Purchases

 0% introductory APR for 12 months from the date of account opening.
15.74% 25.74%, based on your 

After that, your APR will be 
creditworthiness. This APR will vary with the market based
on the Prime Rate.

 to 

APR for Balance Transfers

15.74% to 
This APR will vary with the market based on the Prime Rate.

25.74%, based on your creditworthiness.

APR for Cash Advances

27.74%

This APR will vary with the market based on the Prime Rate.

How  to  Avoid  Paying  Interest
on Purchases

Your due date is at least 25 days after the close of each billing cycle. We will
not charge you any interest on purchases if you pay your entire balance by the
due date each month.

For Credit Card Tips from
the Consumer Financial 
Protection Bureau

To  learn  more  about  factors  to  consider  when  applying  for  or  using  a
credit  card,  visit  the  website  of  the  Consumer  Financial  Protection
Bureau at https://www.consumerfinance.gov/learnmore

Fees

Transaction Fees

•   Balance Transfer
•   Cash Advance

Penalty Fees

•   Late Payment

None
None

Up to 

$40

.

HOW WE WILL CALCULATE YOUR BALANCE:
We use the daily balance method (including new Transactions).

PRIME RATE:
Variable APRs are based on the 4.00% Prime Rate as of 05/31/2022.

FOR NEW YORK RESIDENTS:
For more information, call Issuer at 877-255-5923. New York residents may contact the New York state department of
financial services by telephone or visit its website for free information on comparative credit card rates, fees and grace
periods. Contact the New York state department of financial services at 1-800-342-3736 or 

http://www.dfs.ny.gov

.

Page 1/17

 
 
Welcome to the GM Consumer Card!

Your GM Consumer Card Account is issued by Goldman Sachs Bank USA, Salt Lake City Branch ("
")
and this is a legal agreement between you and us. By using or permitting others to use your Account, you are agreeing to be bound
by this "
" which includes this GM Consumer Card Customer Agreement and your Rates and Fees Table. Please read it
carefully and keep a copy for your records.

Bank, we, us,

Agreement,

" or "

our

" "

" "

THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH PERMITS YOU OR US TO REQUIRE CLAIMS TO BE
ARBITRATED  AND  FORBIDS  CLASS  ACTIONS  UNLESS  YOU  (1)  ARE  SUBJECT  TO  THE  PROTECTIONS  OF  THE
MILITARY  LENDING  ACT  OR  (2)  TIMELY  EXERCISE  YOUR  RIGHT  TO  REJECT  ARBITRATION  AS  PROVIDED  IN  THE
ARBITRATION PROVISION, WHICH IS SET FORTH AT THE END OF THIS AGREEMENT.

You can request a current version of this Agreement by contacting us.

CONTACTING US
Except as explicitly set forth in this Agreement, you can contact us with questions or other matters about your Account by:

•
•

Calling us toll-free at 1-833-773-0988; or
Writing to us at P.O. Box 70321, Philadelphia, PA 19176-0321.

If you attempt to contact us by other means, we may not receive your message and may not be able to respond in a timely manner,
or at all.

CHANGES TO THIS AGREEMENT
Subject to applicable law, we may change any term of this Agreement, or add new provisions, at any time in our sole discretion,
and these changes may be effective immediately. Subject to applicable law, continued access to or use of your Account following
any notice shall be deemed to be your acceptance of such modified version of this Agreement. In some cases, you have the right
under applicable law to advance notice and to reject a change. In cases where you have a right to reject a change and you reject
the  change,  we  will  not  apply  that  change  to  your  Account;  however,  we  may  require  you  to  close  your  Account.  In  all  other
instances, the revised version of this Agreement will apply to your Account whether or not you choose to close your Account.

Page 2/17

Important Definitions
This section defines some important terms used in this Agreement.

“

Account

” means the GM Consumer Card Account opened for you under this Agreement.

“
Authorized User
for repaying any amounts due on the Account.

” means a person who you and we authorize to make Transactions on your Account, but who is not responsible

“

Balance Transfer

” means a transfer of a balance that you owe to a different creditor, to your Account.

“

Business Day

” means Monday through Friday, excluding all U.S. federal holidays.

“

Card

” means any physical, digital or virtual card, or other number or device that may be used to access the Account.

”  means  any  cash  advance  and,  to  the  extent  permitted,  any  other  cash-like  transaction,  including  purchases  of
“
Cash  Advance
cash equivalents such as traveler’s checks, foreign currency or cryptocurrency; money orders; peer to peer transfers, wire transfers
or  similar  cash-like  transactions;  lottery  tickets,  casino  gaming  chips  (whether  physical  or  digital)  or  race  track  wagers  or  similar
betting transactions.

“
Cash Advance Limit
portion of your Credit Limit is your Cash Advance Limit.

” means the maximum dollar amount of any Cash Advances we allow on your Account at any point in time. A

“

Credit Limit

” means the maximum amount of credit you may access from your Account at any point in time.

“
Minimum Payment Due
Account current.

” means the minimum amount that you must pay to us by the Payment Due Date in order to keep your

“

Payment Due Date

” means the date shown on your Statement by which you must pay us at least the Minimum Payment Due.

“

Purchase

” means a purchase or lease of goods or services using your Account.

“
Statement
amounts you owe. Each Statement reflects a single Statement Period.

”  means  the  document  that  we  generally  provide  to  you  each  Statement  Period  that  shows  Account  activity  and

“
Statement Balance
Statement.

” means the total amount owing on your Account at the end of a Statement Period. It will be shown on each

“
” means the period reflected on your Statement, or that your Statement would reflect if there were activity that
Statement Period
requires us to provide you with a statement. You will have a Statement Period even if a Statement is not provided. A Statement
Period may also be referred to as a billing cycle.

“

Transaction

” means a Purchase, Balance Transfer or Cash Advance, as applicable.

“
” means the balances owing on your Account that correspond to a specific type of Transaction. Transaction
Transaction Category
Categories, and balances within Transaction Categories, may be subject to different APRs or terms. For example, certain balances
within the Balance Transfer Transaction Category may be subject to promotional terms.

,”  “

"
You
Account. These terms include Co-Owners (as defined in the Joint Accounts section) of the Account.

”  mean  the  person(s)  who  opened  the  Account  and/or  who  are  liable  for  amounts  owing  under  the

,”  and  “

yours

your

Page 3/17

Your Account
This section explains how you may use the Account, limitations on your use of the Account and your obligation to pay us amounts 
billed to your Account.

PROMISE TO PAY
You promise to pay us all amounts charged to your Account under this Agreement, including all Transactions, interest, fees and
other amounts billed to you.

RESPONSIBILITY FOR USE OF THE ACCOUNT
You are liable for all Transactions made on your Account, including any interest and fees, by you or anyone you authorize to use
your Account or Card. This includes any Transaction made by (i) an Authorized User; (ii) a person to whom you or an Authorized
User has provided a Card, the Account or any other Account access device, including providing a person Credentials (as defined
below) or with access to a mobile device on which a Card is provisioned; or (iii) a person acting in any way by which you or an
Authorized User would be deemed to have allowed or authorized their use of your Account.

JOINT ACCOUNTS
If multiple people are liable on your Account (each a “
apply:
•

Co-Owner

”), your Account is a joint account and the following provisions 

Each Co-Owner is individually and jointly responsible for paying us all amounts due on the Account, even if one Co-Owner
is unable or unwilling to pay.
Unless  otherwise  required  by  law,  we  may  contact  any  Co-Owner  individually  about  the  Account  and  any  notice  or
communication from us will be effective for the Account when provided to any Co-Owner.
Any  Co-Owner’s  requests  and  instructions  will  apply  to  the  Account.  Any  instruction  or  consent  provided  by  a  Co-Owner
may be applied to the Account, and will be applicable to all Co-Owners and may affect any Authorized Users. For example,
we  will  honor  a  Co-Owner’s  requests  to  increase  the  Credit  Limit  (if  the  Account  is  eligible),  add  an  Authorized  User,
request  Account  information,  update  information  provided  to  us,  receive  a  credit  balance  refund  and  exercise  any  other
rights under this Agreement. If we receive different or inconsistent requests or instructions from Co-Owners, we may accept
or reject any request or instruction from any Co-Owner in our sole discretion. We may also choose to not obtain consent
from all Co-Owners.
Co-Owners may have access to information about each other’s use of the Account. If you used the Account as an individual
before sharing it as a joint account, that information will also be available to any Co-Owner. For example, Co-Owners may
receive information about your Transaction history, payment activity, disputes, participation in relief opportunities provided
by us and what we have reported to credit bureaus. Co-Owners may also access any Statement or other document relating
to the Account.
Each Co-Owner agrees that the other Co-Owner on the Account is their agent. Each Co-Owner also agrees to be the agent
of the other Co-Owner on the Account.
A  Co-Owner  may  not  remove  themselves  or  any  Co-Owner  from  a  joint  account.  However,  a  Co-Owner  may  request  to
close the joint account and then request a new individual account, subject to our eligibility criteria in effect at the time. Co-
Owners will remain responsible for any balances owed on the closed joint account.
The information about the Account that we report to credit bureaus will be reported for each Co-Owner.

•

•

•

•

•

•

AUTHORIZED USERS
You may request that we add Authorized Users to your Account. We will evaluate and approve or deny your request (for example,
we will deny a request to add an Authorized User who is under 13 years of age). You understand that any Authorized User’s use of
the Account is subject to the terms of this Agreement. You agree to share this Agreement with your Authorized Users and explain
that their use is subject to its terms. By permitting someone to be an Authorized User, you are allowing them to use your Account in
all respects, including for Transactions. You are liable for their use of the Account, including any Transactions that are made by
others if the Authorized User permitted them to use the Account.

Authorized  Users  may  have  the  same  access  to  information  about  the  Account  and  its  users  as  you.  You  agree  that  we  may
discuss  the  Account  with  an  Authorized  User,  although  we  have  no  obligation  to  do  so.  An  Authorized  User  cannot  add  other
Authorized  Users,  adjust  the  Credit  Limit  or  close  the  Account.  We  may  report  information  about  the  Account  to  credit  bureaus,
including information in any Authorized User’s name. This information may appear on their credit report.

You  represent  that  (i)  any  person  that  you  have  requested  to  be  added  to  your  Account  as  an  Authorized  User  has  given  you
permission to be added to the Account; (ii) that you have made a copy of this Agreement available to them; (iii) you have informed
them that we may report Account information in their name; and (iv) you are not requesting that a person be added to your Account
as an Authorized User for your own commercial purposes (such as credit report tradeline renting).

You may remove an Authorized User from the Account by contacting us and requesting that they be removed. Authorized Users
may also remove themselves from the Account. We have the right to remove any Authorized User in our sole discretion. In some
cases, when an Authorized User is removed, we may need to close your Account, open a new account and issue a new Card to
you.

Page 4/17

USING YOUR ACCOUNT
You may use your Account for lawful personal, family or household purposes only, and not for business purposes. However, if the
Account is used for business purposes or for unlawful Transactions, you must still pay us for those Transactions and any resulting
interest and fees. If your Account is used for any Transaction not permitted by this Agreement, we may deny the Transaction or
treat the Transaction as a Cash Advance.

You may not use or permit your Account to be used for:

•

•

•

Any illegal purpose, including in connection with unlawful domestic or international gambling websites or to purchase illegal
goods or services;
Any  purpose  in  any  country  or  territory  that  is  subject  to  economic  sanctions  administered  and  enforced  by  the  U.S.
Department  of  the  Treasury's  Office  of  Foreign  Assets  Control  (OFAC)  or  with  any  person  or  entity  subject  to  these
sanctions; or
Paying any debts to us.

YOUR CREDIT LIMIT
We assign a Credit Limit and a Cash Advance Limit to your Account. We may increase or decrease these limits from time to time,
with or without prior notice, subject to applicable law. If you attempt a Transaction that will cause your Account balance (including
any pending authorizations) to exceed the applicable limit, we may, in our sole discretion and subject to applicable law:

•

•

Permit the Transaction but not raise your Credit Limit or Cash Advance Limit and treat the Transaction as payable over time
in accordance with this Agreement; or
Refuse the Transaction.

If we permit the Transaction, you will be responsible for paying that amount, including any related interest and fees, and a balance
in excess of your Credit Limit may be reported to the credit bureaus.

USE OF MOBILE PHONES AND SIMILAR DEVICES
Certain mobile devices such as tablets, mobile or smart phones or other electronic devices can store and/or access Account data
or information (for example, through a mobile wallet), which can be used to make Transactions using the Account. Services that
enable your mobile devices to act or function in this manner may have separate terms and conditions that govern their use. We are
not responsible or liable should you violate any such terms or conditions or for any consequences of such violation. You will be
liable for Transactions made through use of those services.

DECLINED TRANSACTIONS
We may decline Transactions for any reason, including suspected or actual fraud, violation of applicable law, your default under
this Agreement, or if you exceed your Credit Limit or Cash Advance Limit. We are not liable to you or anyone else if we do not
authorize a Transaction, even if the charge is within your Credit Limit or Cash Advance Limit or you are not in default. If we decline
a Transaction, we may advise the person who attempted the Transaction that it was declined. We may also limit the number or
dollar  amount  of  Transactions  we  approve  for  your  Account  over  a  specific  time  period,  such  as  a  single  day.  We  are  not
responsible if anyone refuses to accept a Card.

PROTECTING YOUR ACCOUNT INFORMATION, CREDENTIALS AND CARDS
You are solely responsible for maintaining the security of any Cards and any other authentication credentials used in connection
with your Account (collectively, “
”). If you authorize or allow anyone else to use your Account (e.g., by providing your
Card  or  otherwise  providing  any  of  your  Credentials  to  a  third  party),  the  person  may  be  able  to  make  Transactions  using  your
Account, and you will be liable for all such Transactions.

Credentials

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS
You agree to contact us immediately if you believe any Card has been lost or stolen, any Credentials have been compromised or
your Account has been accessed without your permission. You will not be liable for any unauthorized transactions made on your
Account.

TRANSACTIONS MADE IN FOREIGN CURRENCIES
Transactions, returns and credits made in a currency other than U.S. dollars will be converted into U.S. dollars. We do not add any
foreign  exchange  rate  fee  to  these  Transactions.  The  conversion  will  be  performed  by  Mastercard  International,  the  payment
network associated with your Account (the “
”). The Network follows its own methods for conversions that are subject to
change. The conversion will occur on the day the applicable Transaction, return or credit is processed by the Network. This date
may be different than the date of the Transaction, return or credit. As a result, the conversion rate may differ from the rate on the
date of the Transaction, return or credit, or the rate on the date the Transaction, return or credit posted on your Account.

Network

NETWORK BENEFITS
The Network may make benefits available to you that are not part of this Agreement and are subject to change or cancellation.
Details about Network benefits can be found at www.marcus.com.

Page 5/17

REWARDS
You  may  be  offered  rewards,  benefits,  features  and/or  services  in  association  with  your  Account  (“
”).  Rewards  will  be
subject to separate terms and conditions provided to you by us, our partners or our service providers. Rewards may be changed or
discontinued  at  any  time  for  any  reason  and  without  notice.  We  are  not  liable  for  Rewards,  including  the  discontinuation  or
modification of any Rewards, or for the actions or omissions of any third parties.

Rewards

Annual Percentage Rate, Interest Charges, Fees & Minimum Payment Due
This section explains how we determine your APR and DPR, how we calculate the interest you might owe each Statement Period, 
how you can avoid interest in a given Statement Period, the fees that may be charged and how we calculate the Minimum Payment 
Due each Statement Period.

"
Annual Percentage Rate
your Account.

" or "

APR

" means a percentage, shown as a yearly rate, that is used in calculating periodic interest on

"

Daily Periodic Interest Rate

" or "

DPR

" means the rate that is applied to the Daily Balance to calculate interest.

"
Margin
have a variable APR.

" means a percentage rate that we add to the Prime Rate to calculate the APR. Your Account will only have a Margin if you

See  your  Rates  and  Fees  Table  for  your  Account’s  APRs  and  DPRs,  to  see  if  your  APRs  are  variable  and,  if  so,  the
Margins that apply to your Account.

HOW WE DETERMINE INTEREST RATE(S)
Your APRs and the Transaction Categories to which the APRs apply, are set forth in your Rates and Fees Table. Your APRs may
be variable. Your Rates and Fees Table indicates if your APRs are variable. APRs will never exceed the maximum rates permitted
by applicable law.

How We Determine Variable APRs
For each variable APR applicable to your Account, the APR equals the Prime Rate plus the Margin that applies to that Transaction
Category. Variable APRs may increase or decrease each Statement Period if the Prime Rate changes, as described below. If the
Prime Rate changes, the new variable APRs will take effect as of the first day of the Statement Period following the change and
apply  to  existing  and  new  balances.  Any  increase  in  the  Prime  Rate  may  result  in  an  increase  to  the  interest  and  Minimum
Payment Due that you are required to pay to us.

Prime Rate

” in effect for a given Statement Period is the highest U.S. Prime Rate published in the print edition of 

The “
The Wall
Street Journal
 (WSJ) on the last day of the calendar month preceding the first day of the Statement Period. If the WSJ does not
publish  the  Prime  Rate  on  that  day,  then  we  will  look  to  the  last  day  before  then  that  such  rate  was  published.  If  the  WSJ
temporarily or permanently discontinues publishing the Prime Rate or if the WSJ changes its definition of the Prime Rate, we may
substitute another publicly available index not within our control and adjust the Margin, in our sole discretion, subject to applicable
law.

Example:
On May 31 (which falls on a Business Day), the Prime Rate reported in the WSJ is 4.75%.

Assume the Margin for your Account is 13.25%.

To determine your APR for the Statement Period that begins in June, we add the Prime Rate to the Margin, which would be
18%.

How We Determine the Applicable DPR
The DPR for each balance subject to interest within each Transaction Category equals the applicable APR divided by 365 (366 in a
leap year).

PROMOTIONAL OR INTRODUCTORY OFFERS
We may from time to time offer you promotional or introductory offers. These offers may include temporary APRs and/or different
terms that will apply to specified Transactions, Transaction Categories or balances on your Account. For example, we might offer a
reduced  APR  for  certain  Purchases,  Balance  Transfers  or  Cash  Advances  during  a  specified  period  of  time.  And,  while  we  will
generally  treat  peer  to  peer  transfers  as  Cash  Advances,  we  may  from  time  to  time  treat  peer  to  peer  transfers  as  Purchases.
Details will be provided at the time these offers are provided to you, including in your Rates and Fees Table if they are offered in
association with the opening of your Account.

Page 6/17

HOW WE DETERMINE YOUR DAILY BALANCES SUBJECT TO INTEREST
We determine the “

Daily Balance

” for each balance subject to interest within each Transaction Category as follows:

•
•
•

•

We begin with the balance at the end of the prior day (excluding interest for that day); then
We add the prior day’s interest; then
We  add  any  new  Transactions,  including  any  fees  we  charge,  from  that  day  (unless  the  Transaction  is  a  Purchase  that
qualifies for a Grace Period, as described below); and, then
We subtract any new payments or credits posted to your Account that day (and not already deducted from your Account).

If any Daily Balance is less than zero, we treat it as zero. We repeat this process for each balance subject to interest within each
Transaction Category.

Assuming no Grace Period applies (for example, you do not pay your Statement Balance in full), then:

Daily Balance = Prior day’s closing balance + Prior day’s interest + New Transactions - New payments and credits

HOW WE CALCULATE YOUR INTEREST
We use the Daily Balance method (which includes new Transactions) to calculate interest owed on each balance subject to interest
within each Transaction Category each Statement Period. Under this method, we first calculate the daily interest for each day in the
month.  We  do  this  by  multiplying  the  applicable  DPR  by  the  Daily  Balance  of  each  balance  subject  to  interest  within  each
Transaction Category for each day in the Statement Period. Different Transaction Categories, and different balances within each
Transaction Category, may have different APRs and DPRs. The APRs and DPRs currently applicable to each balance subject to
interest  within  each  Transaction  Category  are  set  forth  in  the  Rates  and  Fees  Table.  Then,  to  determine  the  total  interest  for  a
Statement Period, we add the daily interest and round to the nearest cent.

Daily Balances that are subject to a promotional or introductory offer that provides a reduced APR (for example, a balance within
either  the  Purchase  or  Balance  Transfer  Transaction  Category  that  is  subject  to  a  promotional  APR)  will  be  multiplied  by  the
applicable DPR each day the balance is outstanding and for which the promotional or introductory offer applies. Promotional APRs
and DPRs will be shown on your Statement.

Interest = Sum of daily interest for each day in the month

Daily interest = daily balance × DPR

WHEN DOES INTEREST BEGIN TO ACCRUE
Interest will accrue on Transactions beginning on the date that they occur. However, you can avoid interest on Purchases while a
Grace  Period  applies  to  your  Account.  A  “
”  is  a  period  of  time  when  you  are  not  charged  interest  on  Purchases.
Grace Periods do not apply to Balance Transfers or Cash Advances. This means you will pay interest on Balance Transfers and
Cash Advances from the date they occur.

Grace  Period

HOW TO AVOID INTEREST ON PURCHASES
Below we explain how you can maintain, lose and regain the Grace Period.

•

•

•

Initial  Grace  Period:  Your  Account  starts  with  a  Grace  Period,  which  you  can  retain  by  always  paying  your  Statement
Balance by its corresponding Payment Due Date.
Losing a Grace Period: You will lose your Grace Period if you pay less than the Statement Balance by its corresponding
Payment Due Date. You will not pay interest on the portion of the balances within your Purchases Transaction Category
that you paid during the Statement Period that you lost your Grace Period.
Regaining a Grace Period: If your Account has lost its Grace Period, you will pay interest on Purchases from the date they
occur. A Grace Period can be regained by paying the Statement Balance by its corresponding Payment Due Date. You can
then  maintain  the  Grace  Period  in  subsequent  Statement  Periods  so  long  as  you  pay  the  Statement  Balance  by  its
corresponding  Payment  Due  Date.  After  you  re-enter  a  Grace  Period,  interest  may  appear  on  your  next  Statement.  This
reflects interest charged from the beginning of that Statement Period through the date we received payment for the prior
Statement Period.

Impact of Reversed Payments or Credits
If  your  Account  had  a  Grace  Period  because  of  a  payment  you  made  and  we  posted  to  your  Account  but  then  that  payment  is
reversed, you will lose the benefit of that Grace Period. As a result, we may charge you the interest you saved or would have saved
because of the reversed payment. If you want to regain a Grace Period during a Statement Period when a payment is reversed,
you must pay before that Statement Period’s Payment Due Date the entire Statement Balance (which will include the amount of the
reversed payment plus any additional interest charged due to the reversed payment).

Page 7/17

LATE FEE
Subject  to  applicable  law,  we  may  assess  a  late  fee  if  we  do  not  receive  at  least  the  Minimum  Payment  Due  shown  on  your
Statement by: (i) for mailed payments, 5:00 p.m. local time at the address shown on the remittance portion of your Statement (the
“
”) payments, by 11:59 p.m. ET on your
Payment Address
Payment Due Date. See the Making Payments Section below for more details. The maximum amount of the late fee is found in
your  Rates  and  Fees  Table.  The  late  fee  will  never  exceed  the  Minimum  Payment  Due.  Late  fees  are  treated  as  Purchase
Transactions on your Account.

”) on your Payment Due Date; or (ii) for electronic funds transfer (“

EFT

HOW WE CALCULATE YOUR MINIMUM PAYMENT DUE
Your Minimum Payment Due equals any past due amount plus the greater of:

•
•

$29; or
The sum of (i) 1% of the Statement Balance plus (ii) any interest billed to your Account during that Statement Period. The
sum of these amounts is rounded up to the nearest dollar and then any late fees are added.

However,  if  the  Statement  Balance  is  less  than  the  amount  calculated  above,  then  the  Minimum  Payment  Due  equals  the
Statement Balance.

Making Payments
This section explains when you must pay us each Statement Period, how to pay us and how we apply those payments to your 
Account.

WHEN TO PAY
Each  Statement  Period  during  which  your  Account  has  a  balance,  or  as  otherwise  required  by  applicable  law,  we  will  send  or
provide  a  Statement  reflecting  activity  on  your  Account  that  occurred  since  the  previous  Statement  Period,  such  as  new
Transactions,  interest  and  fees.  It  will  also  identify  your  Statement  Balance,  the  Minimum  Payment  Due  and  the  Payment  Due
Date. We may send only one Statement per Statement Period for your Account, even if your Account is a joint account.

You must pay at least your Minimum Payment Due by the Payment Due Date each Statement Period. If you do not pay at least the
Minimum  Payment  Due  by  the  Payment  Due  Date,  we  may  charge  a  late  fee  to  your  Account.  You  may  pay  all  or  part  of  the
outstanding balance on your Account at any time without penalty.

HOW TO PAY
You  agree  to  make  each  payment  by  check  drawn  on  a  financial  institution  located  in  the  U.S.,  a  U.S.  dollar  money  order  or
through  an  EFT,  as  described  below.  All  payments  must  be  in  U.S.  dollars.  All  checks  and  money  orders  must  be  mailed  or
delivered  to  us  at  the  Payment  Address  reflected  on  your  Statement.  Mailed  payments  received  by  5:00  p.m.  local  time  at  the
Payment Address and EFT payments received by 11:59 p.m. ET will generally be credited as of the date received. If your Payment
Due  Date  falls  on  a  day  when  we  do  not  receive  mail  (for  example,  a  Sunday),  but  we  receive  a  mailed  check  or  money  order
payment from you on the next day when mail is delivered, we will credit your Account as if we had received that payment on your
Payment Due Date. We may, at our option, adjust the available credit on your Account to reflect a payment, or a portion of the
payment,  immediately  after  a  payment  is  received.  If  we  do  this,  and  the  payment  is  later  rejected,  your  available  credit  will  be
decreased  as  a  result  of  the  payment  failing,  and  you  will  be  responsible  for  repaying  the  amount  of  the  payment  that  was
reversed.  (It  is  possible  in  these  instances  that  a  payment  reversal  could  cause  you  to  exceed  your  Credit  Limit.)  We  may  also
delay  increasing  the  available  credit  on  the  Account  for  a  period  of  time  following  a  payment.  You  can  check  the  status  of  your
available credit online at www.marcus.com or by contacting us.

We may reject a payment if your Account has a credit balance when we receive the payment or if the payment would cause your
Account to have a credit balance. Making a payment in a Statement Period that is more than the Minimum Payment Due for that
Statement Period, does not reduce or eliminate any obligation to make Minimum Payments Due in subsequent Statement Periods.
We  do  not  pay  interest  on  overpayments  or  on  credit  balances  on  your  Account.  Credits  to  your  Account  from  sources  such  as
merchants are not considered payments on the Account and generally do not reduce your Minimum Payment Due.

ELECTRONIC FUNDS TRANSFER (EFT) PAYMENTS
We  offer  you  the  option  to  make  payments  by  EFT.  Our  EFT  services  involve  us  initiating  one  or  more  electronic  debits  from  a
deposit  account  that  you  specify.  While  you  are  not  required  to  use  EFT  services  that  we  provide,  you  agree  that  the  Payment
Authorization below applies to any EFT service that you use.

ELECTRONIC CHECK CONVERSION OF PAYMENTS
When you pay us by check, you authorize us to use the information on your check to either create a one-time EFT to your Account
or to process the payment as a check transaction. When we use the check information to make the EFT, funds may be withdrawn
from your deposit account as soon as the same day we receive your payment. You also authorize us to reinitiate any such declined
or dishonored EFT up to two additional times (or any greater number of times permitted by applicable network rules). You will not
receive your cancelled check from your financial institution because we may destroy it.

NON-CONFORMING PAYMENTS
We may reject any payments that do not comply with our payment instructions set forth in this Agreement or on your Statement
(each  a  “
”)  in  our  discretion.  If  we  accept  a  Non-conforming  Payment,  crediting  your  Account  for  the
payment may be delayed. Delayed crediting may cause you to incur additional interest and fees, subject to applicable law.

Non-conforming  Payment

Page 8/17

We  may  accept  any  Non-conforming  Payments,  late  payments,  partial  payments  or  payments  with  restrictive  endorsements,
without losing any of our rights, including our right to close your Account. We may deposit any payment you send us for less than
the total outstanding balance of your Account that you mark “paid in full” or with any similar language or otherwise seek to provide
as full satisfaction of a disputed amount. If we do, this payment will not fully satisfy the disputed amount or otherwise affect our
rights to payment in full. You may not use a postdated check to make a payment, but if you do, we may, before the date on the
check, either: (i) cash it or (ii) return it to you without applying it to your Account. We are not liable to you for any loss or expense
arising out of the action we elect to take in connection with a postdated check.

PAYMENT AUTHORIZATION
Each  time  you  authorize  us  to  take  an  EFT  payment  from  your  deposit  account,  you  represent  and  warrant  that  you  are  legally
authorized to use such deposit account. By providing us with your deposit account information, you authorize us to:

•
•
•

•

Retain this information for the purpose of initiating EFT payments based on your instructions;
Periodically make credits to any such deposit account;
Reinitiate any declined or dishonored EFT payment up to two additional times (or any greater number of times permitted by
applicable network rules); and
Correct any payment, credit or account errors by initiating a credit or debit to your deposit account.

Any authorization will continue until it is cancelled as described below, or when your Account is closed with a zero balance.

Payment Dates
If you authorize a payment, we will credit your payment on the scheduled payment date. We may pull the payment on or after the
date on which you schedule a payment.

If you authorize a payment for the 29th, 30th or 31st of a month, and the month does not have that many days, we will credit the
payment as of the last day of that month. You authorize us to take that payment on or after the last day of that month.

Payment Amounts and Adjustments
You can choose to make one-time or recurring payments. We may adjust the amount of your payment before processing it in the
following ways:

•
•

•

•

•

To avoid creating a credit balance on your Account;
If  you  have  scheduled  a  recurring  payment  for  the  amount  of  your  Minimum  Payment  Due  or  Statement  Balance,  your
payment  amount  may  be  reduced  automatically  based  on  payments,  returns  and  other  credits  to  your  Account  that  are
posted by 11:59 p.m. ET on the day prior to the date of your scheduled payment. If an earlier payment is rejected, we may
automatically add that amount to your scheduled payment, but not in excess of the amount you authorized;
If  you  have  scheduled  a  recurring  payment  for  a  fixed  dollar  amount,  your  payment  amount  will  not  be  reduced
automatically based on payments, returns or other credits to your Account. A recurring payment for a fixed dollar amount
will always be processed if you have a balance, even if it creates a credit balance;
If any recurring payment is declined because of insufficient funds or otherwise dishonored, you authorize us to automatically
turn off future recurring payments. If we turn off future recurring payments, you will have to make one-time payments or set
up a new recurring payment plan; and/or
In all instances, if your Account balance on the scheduled payment date is $0 or less, then we will automatically cancel your
payment scheduled for that date. In the case of a recurring payment, your payment will automatically restart on the next
scheduled payment date on which your Account balance is greater than $0.

We will not adjust your payment to an amount greater than what you authorize.

Payment Cancellations
You  can  cancel  a  scheduled  payment  and/or  cancel  recurring  payments  by  contacting  us.  We  must  receive  your  cancellation
request no later than 11:59 p.m. ET on the day prior to the date of your scheduled payment. We may cancel your payment(s) if any
prior payment from the associated deposit account is returned, or for any other reason we deem appropriate. We will provide you
with notice of such cancellation.

WHEN WE CREDIT YOUR PAYMENTS
EFT Payments
If you make an EFT payment in accordance with the payment instructions detailed in this Agreement and in your Statement, we will
credit your payment as follows:

•

•

If  you  initiate  a  one-time  EFT  payment  using  a  deposit  account  by  11:59  p.m.  ET,  we  will  credit  the  payment  as  of  that
calendar day. Otherwise, we will credit your payment as of the next day.
If you set up recurring EFT payments, we will credit each payment as of its scheduled payment date.

Page 9/17

HOW WE APPLY PAYMENTS, CREDITS AND REFUNDS
Subject to applicable law, when we receive a payment for your Account we will apply:

•
•

Amounts up to your Minimum Payment Due in any manner we choose; and
Any amounts exceeding the Minimum Payment Due first to the balance with the highest APR, and then to balances with
lower APRs (in descending order based on the applicable APR).

Refunds and other credits may be applied to your Account in any manner and to any balance that we choose, and generally do not
reduce your obligation to pay your Minimum Payment Due.

FEES FROM YOUR DEPOSITORY INSTITUTION
You are solely responsible for any fees that may be charged to you by your depository institution, including any fees for payments
that we attempt and the depository institution rejects.

Account Default
This section explains when your Account will be in default and what may happen when your Account is in default.

WHAT TRIGGERS A DEFAULT
Your Account will be in default of this Agreement, to the extent permitted under applicable law, if:

•

•
•
•
•
•

You fail to pay any Minimum Payment Due on or before the applicable Payment Due Date, or your Minimum Payment Due
is returned unpaid or cannot be processed;
You breach any term of this Agreement or any other agreement with us;
An Authorized User breaches any term of this Agreement;
You file or become the subject of a bankruptcy or insolvency proceeding;
You give us any false, incomplete or misleading information; or
You die or become legally incapacitated.

WHAT IS THE EFFECT OF BEING IN DEFAULT
If your Account is in default, we may take any of the following actions to the extent permitted under applicable law:

•
•
•
•
•
•
•
•
•

•

Continue to charge you interest as long as you have an outstanding Account balance;
Lower your Credit Limit and/or Cash Advance Limit;
Decline or otherwise limit your ability to make Transactions;
Report information about your Account to credit bureaus;
Begin collections activities;
Suspend or close your Account;
Remove any Authorized Users from your Account;
Require you to immediately pay all or any portion of your total outstanding balance;
Require you to pay our collection costs, attorneys’ fees, court costs and all other expenses of enforcing our rights under this
Agreement; and/or
Take any other action permitted by law.

Suspending or Closing Your Account
This section explains when you may close your Account, when we may suspend or close your Account and what happens when 
your Account is closed.

BY YOU
You can, at any time, close your Account by contacting us.

BY US
We  may  suspend  or  close  your  Account,  or  suspend  or  cancel  any  feature  on  your  Account,  at  any  time  and  for  any  reason
permitted under applicable law.

EFFECT OF CLOSING YOUR ACCOUNT
When your Account is closed, you must:

•
•

•

Return or destroy all physical Cards;
Stop using your Account to make payments to others and cancel any such payments that may be automatic or recurring;
and
Continue  to  pay  at  least  the  Minimum  Payment  Due  each  Statement  Period  until  the  total  outstanding  balance  of  your
Account, including any amounts which post after the Account’s closure, is paid in full.

We are not liable for any refusal to honor your Card or Account or for any retention of your Card by any person or entity.

Page 10/17

Credit Information & Credit Reporting
This section describes how we use information about you that we obtain from credit bureaus, what information we may provide 
about you to credit bureaus and how to dispute items on your credit bureau report.

OBTAINING YOUR CREDIT BUREAU REPORTS
You  authorize  us  to  obtain  your  consumer  report(s)  and  other  information  from  consumer  reporting  agencies  and/or  other  third
party sources now and on an ongoing basis for use in: (i) servicing, monitoring, collecting or enforcing this Agreement or any other
agreement  between  you  and  us;  (ii)  providing  your  credit  data  to  you;  (iii)  evaluating  you  for  and  offering  you  other  financial
products and services; and/or (iv) other related purposes.

REPORTING INFORMATION TO CREDIT BUREAUS
YOU AGREE THAT WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, 
MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT BUREAU 
REPORT.

We may report information about the Account to credit bureaus in any Authorized User’s name. This information may appear on
their credit report.

If you believe that we have reported incorrect information about your Account to a credit bureau, you should write us at P.O. Box
70321,  Philadelphia,  PA  19176-0321.  Please  include  your  name,  address  associated  with  your  Account,  the  email  address
associated with your Account, telephone number and a description of the information you believe is incorrect and why. If available,
please include a copy of the credit bureau report in question.

Communications
This section explains how we may contact you about matters relating to your Account and what you should do to update us with 
your current contact information.

CONTACTING YOU
You  understand  and  agree  that  we  (which  for  purposes  of  this  section,  along  with  the  word  “us,”  also  includes  our  agents  and
service providers) may always communicate with you using any technology or methods that are permitted by law and that do not
require your prior consent. You also agree that we may communicate with you using an automatic telephone dialing system and
through the delivery of artificial and/or prerecorded voice messages. Some of the ways we may contact you include calls, emails,
text messages, device-level notifications and other electronic notification methods. These communications may relate to upcoming
due dates, missed or returned payments, other matters relating to the servicing or collection of amounts due under this Agreement
or any other agreement with us and your relationship with us more generally. We may communicate with you using any telephone
numbers  (including  wireless,  landline  and  voice  over  IP  numbers)  or  email  addresses  that  you  give  or  have  given  to  us.  You
understand  and  agree  that  anyone  with  access  to  your  telephone  or  email  account  may  listen  to  or  read  the  messages  that  we
leave or send you. You agree that we will not be liable for any charges that you incur in connection with any communications that
we send to you.

You agree to notify us immediately if you change telephone numbers or are no longer the subscriber or usual user of a telephone
number that you have given to us. You agree that we may monitor, record, retain and reproduce your telephone calls and other
communications  with  us.  To  the  extent  you  have  a  right  under  applicable  law,  you  can  withdraw  your  consent  to  receive  text
messages  through  a  telephone  network  (e.g.,  SMS)  or  calls,  that  are  made  with  an  automatic  telephone  dialing  system  or  that
deliver  a  prerecorded  and/or  artificial  voice  message.  To  withdraw  your  consent,  you  must  contact  us  in  accordance  with  this
Agreement.

NOTICES
Any written or electronic notice or communication we send to you will be effective when sent to you electronically, or when mailed
to the address associated with your Account. We may also in certain instances mail notices to the address associated with your
Account.

CHANGES TO ACCOUNT INFORMATION
You must promptly notify us of any change to your name, mailing address, email address or phone number by contacting us. We
may  rely  on  your  phone  number,  email  address  or  mailing  address  as  it  appears  on  our  records  for  any  and  all  Account
communications we send to you unless and until you notify us of any changes. We may also, in our sole discretion, update your
mailing  address  if  we  receive  a  notification  of  change  from  the  U.S.  Postal  Service.  You  authorize  us  to  share  updates  to  your
contact information with General Motors LLC (“
https://www.
gm.com/privacy-statement.html

”), for GM to use in accordance with its privacy policy, available at 

GM

.

Page 11/17

Other Important Information
This section provides additional information that is important to understanding your rights and obligations for your Account.

GOVERNING LAW
This Agreement is entered into between you and us in the State of Utah and we extend credit to you from Utah. This Agreement
and your Account will be governed by and construed in accordance with federal law and any applicable laws of the State of Utah
without regard to rules concerning conflicts of law or choice of law.

BANKRUPTCY FILING
All bankruptcy notices and related correspondence to us must be sent to the following address: P.O. Box 70321, Philadelphia PA
19176-0321, Attn. Bankruptcy Notice. You promise us that you are not contemplating making a bankruptcy filing at the time of your
application for an Account and have not consulted an attorney within the past six (6) months about making any such filing.

CORRESPONDENCE
To the extent permitted under applicable law, any written or electronic correspondence you send to us will not be effective until we
receive and have had a reasonable opportunity to act on such correspondence. However, any written or electronic correspondence
we send to you will be effective and deemed delivered when mailed to you at your mail address (or your email address if you have
authorized  electronic  communications)  as  it  appears  on  our  records.  If  your  Account  is  a  joint  account,  we  may  send  Account
materials (Cards, Statements and notices) to any Co-Owner of the Account, and that person will be responsible for delivering those
materials  to  the  other  Co-Owner  of  the  Account  and,  to  the  extent  applicable,  to  Authorized  Users.  Notice  to  any  of  you  will  be
considered notice to all of you.

DELAY IN ENFORCING OUR RIGHTS
The failure by us to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided in this
Agreement,  to  require  at  any  time  your  performance  of  any  of  the  provisions  of  this  Agreement  or  to  enforce  our  rights  under
applicable law will not in any way be construed as a waiver of such provisions, election, option, performance or rights.

WAIVER OF RIGHTS
Subject to applicable law, you waive any right you may have for us to (a) act promptly in bringing any action(s) against you (known
as  diligence);  (b)  demand  payments  of  amounts  due  (known  as  presentment);  (c)  obtain  an  official  certification  of  non-payment
(known as protest); and (d) give notice that amounts due have not been paid (known as notice of dishonor or notice of default and
non-payment).

ENTIRE AGREEMENT; SEVERABILITY
This Agreement is the complete and final expression of the agreement between us and you with respect to your Account, and this
Agreement  may  not  be  contradicted  by  any  alleged  oral  agreement.  Subject  to  the  special  rule  in  the  Arbitration  section,  if  any
provision of this Agreement is found to be invalid or otherwise unenforceable, or declared invalid or otherwise unenforceable by
order of court, change in applicable law or regulatory authority, that provision will continue to be enforceable to the extent permitted
by  that  court,  law  or  agency,  and  the  remainder  of  that  provision  will  no  longer  be  considered  part  of  this  Agreement.  All  other
provisions of this Agreement will remain in full force and effect.

LANGUAGE; SECTION HEADINGS
You  agree  that  you  can  understand  English-language  communications  and  agree  that  the  English-language  version  of  all
communications will be binding. As used in this Agreement, the term “including” means “including, but not limited to.” The section
headings and descriptions in this Agreement are for convenience only and do not in any way limit or define your or our rights or
obligations in this Agreement.

ASSIGNMENT
You  may  not  sell,  assign  or  transfer  any  of  your  rights  or  obligations  under  this  Agreement.  However,  we  may  sell,  assign  or
transfer your Account or any of our rights and obligations under this Agreement, without restriction and without your prior consent.
Any attempted sale, transfer or assignment by you without our prior written consent will be null and void.

SERVICE PROVIDERS
We may also use service providers and agents in connection with providing your Account or services related to the Account. In
doing  so,  we  may  permit  one  or  more  of  our  service  providers  or  agents  to  exercise  any  of  our  rights,  rely  on  any  consents  or
permissions that you have granted to us and enforce any of your obligations on our behalf.

Page 12/17

MILITARY LENDING ACT
The provisions of this section apply to members of the Armed Forces and their dependents pursuant to the Military Lending Act:

Statement of Military APR
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may
not exceed an annual percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: The
costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction;
any  application  fee  charged  (other  than  certain  application  fees  for  specific  credit  transactions  or  accounts);  and  any
participation fee charged (other than certain participation fees for a credit card account).

Oral Disclosures
Members of the Armed Forces and their dependents may hear important disclosures and payment information about this
Agreement and additional information about whether these protections apply to them by calling 1-833-773-0988.

ADDITIONAL DISCLOSURES
California Residents: You may apply for an account in your name alone, regardless of your marital status.

Ohio  Residents:  The  Ohio  rules  against  discrimination  require  that  all  creditors  make  credit  equally  available  to  all  creditworthy
customers  and  that  credit  reporting  agencies  maintain  separate  credit  histories  on  each  individual  upon  request.  The  Ohio  Civil
Rights Commission administers compliance with this law.

Vermont, Rhode Island and New York Residents: A credit bureau report may be requested in connection with your application.
At your request, we will tell you whether or not a credit bureau report was obtained and, if so, the name and address of the credit
bureau  that  furnished  the  report.  We  may  also  request  credit  bureau  reports  from  time  to  time  in  connection  with  any  update,
renewal or extension of the credit account, whenever we believe that such action is appropriate.

Married  Wisconsin  Residents:  If  you  are  married:  (i)  you  confirm  that  this  Account  is  being  incurred  in  the  interest  of  your
marriage or family; (ii) no provision of any marital property agreement, unilateral agreement or court decree under the Wisconsin
Marital Property Act will adversely affect a creditor's interest unless, before the time credit is granted, the creditor is furnished a
copy of that agreement or decree or is given complete information about the agreement or decree; (iii) you understand and agree
that  we  will  provide  a  copy  of  this  Agreement  to  your  spouse  for  their  information.  If  the  Account  for  which  you  are  applying  is
granted, you will notify us if you have a spouse by sending your name and your spouse's name and address to us at P.O. Box
70321, Philadelphia, PA 19176-0321.

Maryland  Residents:  If  you  are  a  Maryland  resident  as  of  the  date  you  accept  this  Agreement,  as  evidenced  by  your  billing
address, to the extent, if any, that Maryland law applies to this Agreement and your Account and is not preempted by federal law,
we  elect  to  offer  your  credit  account  under  Subtitle  9  (Credit  Grantor  Open  End  Credit  Provisions)  of  Title  12  of  the  Maryland
Commercial Law Article.

New Jersey Residents: None of the terms in this Agreement are unenforceable under New Jersey law.

New  York  Residents:  For  more  information,  call  us  at  1-833-773-0988.  New  York  residents  may  contact  the  New  York  State
Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and
grace periods. Contact the New York State Department of Financial Services at 1-800-342-3736 or 

http://www.dfs.ny.gov
.

All Residents: You promise us that you are not planning to file bankruptcy at the time of your application for your Account or when
you seek to share your Account.

Page 13/17

 
Billing Rights Summary
The notice below describes the minimum rights you have under the Fair Credit Billing Act.

YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your Statement, write to us at:

Goldman Sachs Bank USA, Salt Lake City Branch
P.O. Box 70321, Philadelphia, PA 19176-0321

In your letter, give us the following information:

•
•
•

Account information: Your name and your Account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it
is a mistake.

You must contact us:

•
•

Within 60 days after the error appeared on your Statement.
No later than 11:59 p.m. ET on the day prior to the date an automated payment is scheduled, if you want to stop payment
on the amount you think is wrong.

You must notify us of any potential errors 
errors and you may have to pay the amount in question.

in writing

. You may call us, but if you do we are not required to investigate any potential 

WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER
When we receive your letter, we must do two things:

1.  

2.  

Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already
corrected the error.
Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

•
•
•
•

We cannot try to collect the amount in question or report you as delinquent on that amount.
The charge in question may remain on your Statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your Credit Limit.

After we finish our investigation, one of two things will happen:

•
•

If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and 
fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as 
delinquent if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within 
 telling us that you still refuse to
pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the
name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been
settled between us.

10 days

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD PURCHASES
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to
correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase.

To use this right, all of the following must be true:

1.  

2.  

3.  

The  Purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of  your  current  mailing  address,  and  the
purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an
advertisement we mailed to you or if we own the company that sold you the goods or services.)
You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a check
that accesses your credit card account do not qualify.
You must not yet have fully paid for the Purchase.

Page 14/17

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us 

in writing

:

Goldman Sachs Bank USA, Salt Lake City Branch
P.O. Box 70321, Philadelphia, PA 19176-0321

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell
you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.

Page 15/17

Arbitration Provision
This section is an arbitration provision and contains important information that affects your legal rights. PLEASE READ IT 
CAREFULLY.

This arbitration provision does not apply to service members and their dependents who are entitled to protection under the Military
Lending Act (10 U.S.C. § 987). If you would like more information about whether you are entitled to protection under the Military
Lending Act and whether this section applies to you, please call us toll-free at 1-833-773-0988.

ACKNOWLEDGMENT OF ARBITRATION
Credit is being extended to you and you are being provided access to and use of your Account on the basis of the inclusion of the
following arbitration provision. By accepting this Agreement or using your Account, unless you reject arbitration as provided below,
you acknowledge that YOU ARE GIVING UP THE RIGHT TO LITIGATE CLAIMS (AS DEFINED BELOW) AND THE RIGHT TO
INITIATE OR PARTICIPATE IN A CLASS ACTION.
WAIVE THE RIGHT TO BE HEARD IN
  on  all  Claims  subject  to  this  Agreement.  You  further  acknowledge  that  you  have  read  this
COURT  OR  HAVE  A  JURY  TRIAL
arbitration  provision  carefully,  agree  to  its  terms  and  are  entering  into  this  Agreement  voluntarily  and  not  in  reliance  on  any
promises or representations whatsoever except those contained in this Agreement.

 You hereby knowingly and voluntarily 

HOW TO REJECT THIS ARBITRATION PROVISION
YOU MAY REJECT THIS ARBITRATION PROVISION BY CALLING US, OR WRITING TO US, AND STATING THE FOLLOWING:
(I) YOUR NAME; (II) YOUR ACCOUNT NUMBER; (III) THE ADDRESS ASSOCIATED WITH YOUR ACCOUNT; AND (IV) THAT
YOU  ARE  EXERCISING  YOUR  RIGHT  TO  REJECT  THIS  ARBITRATION  PROVISION  (A  “
”). 
YOUR
REJECTION  NOTICE
  IF  YOUR
REJECTION  NOTICE  MUST  BE  RECEIVED  WITHIN  90  DAYS  AFTER  THE  OPENING  OF  YOUR  ACCOUNT.
REJECTION  NOTICE  COMPLIES  WITH  THESE  REQUIREMENTS,  THIS  ARBITRATION  PROVISION  WILL  NOT  APPLY  TO
YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR
REJECTION NOTICE. (IF OTHER PERSONS ARE OBLIGATED ON OR PERMITTED TO USE YOUR ACCOUNT, A REJECTION
NOTICE IS LIMITED TO ONLY THE PERSON SUBMITTING THE REJECTION NOTICE. ANY OTHER PERSONS MUST SEND
THEIR  OWN  REJECTION  NOTICE.)  REJECTION  OF  THE  ARBITRATION  PROVISION  WILL  NOT  AFFECT  YOUR  OTHER
RIGHTS OR RESPONSIBILITIES UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT YOU MAY HAVE WITH US.

DEFINITIONS
For purposes of this arbitration provision, the following definitions apply:

•

•

“
” means any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution;
Claim
, cross-
statute; common law; or equity and whether pre-existing, present or future), including initial claims, 
claims and third-party claims, arising from or relating to: (i) this Agreement, your Account or your relationship with us; (ii)
any servicing of your Account by our agents or service providers; (iii) advertisements, promotions or statements related to
this  Agreement  or  your  Account;  (iv)  your  application  for  credit;  and  (v)  credit  bureau  reporting  or  debt  collection  on  or
related to your Account.
“
You
User), except as otherwise provided in this arbitration provision.

”  mean  each  and  every  person  who  is  granted,  accepts  or  uses  your  Account  (including  any  Authorized

counter-claims

”  and  “

your

ARBITRATION
You or we may elect, without the other’s consent, to resolve any Claim by individual binding arbitration unless the Claim has been
filed  in  court  and  trial  has  begun  or  final  judgment  has  been  entered.  Even  if  a  Claim  is  litigated  in  court,  you  or  we  may  elect
arbitration of any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit. You
or we may also elect arbitration of a Claim that the parties initially opted to litigate in court if that Claim is later modified (including to
be asserted on a class, representative or multi-party basis or to seek different or additional relief).

Notwithstanding  the  foregoing,  only  a  court  and  not  an  arbitrator  may  decide  any  dispute  or  controversy  about  the  validity,
enforceability, coverage or scope of this arbitration provision, all of which are for a court and not an arbitrator to decide. However,
disputes or controversies about the validity or enforceability of this Agreement as a whole are for the arbitrator and not a court to
decide.

JAMS  (1-800-352-5267,  jamsadr.com)  will  serve  as  the  default  arbitration  administrator.  Claims  may  also  be  referred  to  the
American  Arbitration  Association  (“
”)  (1-800-778-7879,  adr.org).  You  may  obtain  copies  of  the  current  rules,  forms  and
instructions  for  initiating  an  arbitration  directly  from  JAMS  or  the  AAA.  Claims  may  also  be  referred  to  another  arbitration
administrator, if you and we agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.
C. §§ 1-16 (the “

”). You and we agree that any arbitration proceedings initiated hereunder shall be kept confidential.

AAA

FAA

OTHER CLAIMS SUBJECT TO ARBITRATION
In addition to Claims made by or against either you or us, Claims made by or against anyone connected with you or us or claiming
through you or us (including any employee, agent, representative, affiliated company, predecessor or successor, heir, assignee or
trustee in bankruptcy) are subject to arbitration as described herein.

EXCEPTIONS
We  agree  not  to  invoke  our  right  to  arbitrate  any  individual  Claim  you  bring  in  small  claims  court  or  an  equivalent  court  with
jurisdiction so long as the Claim is pending only in that court.

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INDIVIDUAL CLAIMS ONLY
Claims  may  be  submitted  to  arbitration  on  an  individual  basis  only.  Claims  subject  to  this  arbitration  provision  may  not  be
joined  or  consolidated  in  arbitration  with  any  Claim  of  any  other  person  or  be  arbitrated  on  a  class  basis,  in  a
representative capacity on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by
 Claims by or against corporate affiliates will be considered a single claim. The arbitrator has no authority to
the parties in writing.
award  any  relief  not  available  in  an  individual  action  in  court  or  award  any  declaratory,  injunctive  or  other  relief  primarily  for  the
benefit  of  the  general  public.  Further,  unless  you  and  we  both  otherwise  agree  in  writing,  the  arbitrator  may  award  relief  only  in
favor of your individual Claim. The arbitrator may not award relief for or against any other person, whether directly or indirectly.

PROCEDURE
A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years of experience who is a former or
retired judge and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within
seven (7) days after delivery of the Demand for Arbitration, then the arbitrator will be appointed by the arbitration administrator. The
arbitration  shall  comply  with  the  arbitration  administrator’s  rules  (the  Streamlined  Arbitration  Rules  for  JAMS  and  the  Consumer
Arbitration Rules for AAA) in effect on the date the arbitration is filed, except where there is a conflict or inconsistency between the
arbitration  administrator’s  rules  and  procedures  and  this  arbitration  provision,  in  which  case  this  arbitration  provision  will  govern.
The arbitration will be conducted in English unless the parties otherwise agree in writing. Any in-person arbitration hearing for a
Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed
by the parties. The arbitrator will apply applicable substantive law consistent with the FAA and will honor all claims of privilege and
confidentiality  recognized  at  law.  All  statutes  of  limitations  that  would  otherwise  be  applicable  will  apply  to  any  arbitration
proceeding. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or
discovery. Except as otherwise provided in this arbitration provision, the arbitrator will be empowered to grant whatever relief would
be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration
provision is made pursuant to a transaction involving interstate commerce and is governed by the FAA.

ADDITIONAL ARBITRATION AWARD; ATTORNEYS' FEES
If  we  make  a  final  written  settlement  offer  before  the  arbitrator  is  selected  and  the  arbitrator  rules  in  your  favor  for  an  amount
greater than that final offer, or if we do not make a final written settlement offer before the arbitrator is selected and the arbitrator
rules in your favor on the merits of your Claim, the arbitrator's award will include: (1) any money to which you are entitled, but in no
case less than $10,000; (2) twice the amount of your reasonable attorneys' fees, or the amount of attorneys' fees to which you are
entitled under applicable law, whichever is greater; and (3) your costs and expert and other witness fees. If we prevail in arbitration,
we will not be entitled to recover our attorneys' fees even when permitted to do so under applicable law.

ARBITRATION FEES
We will pay any arbitration fees (including the arbitrator’s fees and any filing, administrative, hearing or other fees charged by the
arbitration administrator) in connection with any Claims. You will be responsible for any other costs that you incur in connection with
any Claim unless applicable law provides otherwise. Any arbitration award will apply only to the specific case and cannot be used
in any other case except to enforce the award.

SURVIVAL
This arbitration provision shall survive payment of all amounts due pursuant to this Agreement, termination of your Account, any
legal proceeding to collect amounts due, any bankruptcy and any assignment or sale of this Agreement, your Account or any and
all rights thereunder. In the case of an assignment or sale of this Agreement, your Account or any and all rights thereunder, the
buyer will be bound by and may enforce the terms of this arbitration provision. If any portion of this arbitration provision is deemed
invalid or unenforceable, it will not invalidate the remaining provisions of this arbitration provision or this Agreement, except that if
any  part  of  the  "Individual  Claims  Only"  provision  is  found  in  a  court  proceeding  to  be  invalid  or  otherwise  unenforceable  with
respect  to  a  Claim  (and  that  determination  becomes  final  after  all  appeals  have  been  exhausted),  then  this  arbitration  provision
(except for this sentence) will not apply to that Claim.

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