Annual Percentage Rate 49.9%
(APR) for Purchases

APR for Cash Advances 49.9%

Your due date is at least 27 days after the close of each billing cycle. We will not charge you interest
on purchases if you pay your entire balance by the due date each month. We will begin charging
interest on cash advances on the transaction date.

If you are charged interest, the charge will be no less than $1.00.

To learn more about factors to consider when applying for or using a credit card, visit the website of
the Federal Reserve Board at http://www.federalreserve.gov/creditcard.

Paying Interest

Minimum Interest
Charge

For Credit Card Tips
from the Federal
Reserve Board

Set-up and
Maintenance
Fees

‘ Annual Fee

$75.00

for first year; after first year,

$45.00

annually

‘ Monthly Servicing Fee

None

for first year; after first year,

$78.00

annually ($6.50 per month)

Transaction Fees

‘ Cash Advance

Either

$6.00

or

5%

of the amount of each cash advance, whichever is greater.

‘ Foreign Currency

3% for each transaction in U.S. dollars.

Penalty Fees

‘ Late Payment

Up to $35.00

‘ Return Item Charge

Up to $35.00

How We Will Calculate Your Balance: We use a method called 'average daily balance (including current transactions).'
See your Account Opening Disclosures for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those
rights is provided in your Credit Card Contract and on the back of your Statement.

Page 3

 
 
 
 
 
 
FEES AND INTEREST CHARGES:

The

INTEREST CHARGE

INTEREST CHARGES

INTEREST CHARGES

INTEREST CHARGES

of 49.9% for Purchases and 49.9% on Cash Advances.

, each of which will be billed to your Credit Account as a Purchase.

This ANNUAL PERCENTAGE RATE will be applied to fees assessed to your

: After your Credit Account has been open for 12 months, in month 13, the

FEES AND INTEREST CHARGES: The amount of required fees assessed on your Credit Account during the first year of account opening will not be more than 25% of
your initial Credit Limit. Your Credit Account is subject to the following fees and
Periodic INTEREST CHARGES: INTEREST CHARGES are imposed when you obtain a Cash Advance and when a Purchase is posted to your Credit Account.
INTEREST CHARGES are imposed from the time a Purchase is posted until it is paid in full. However if you pay your previous balance in full on or before the Payment Due
Date shown on your previous Statement, you will have a grace period on Purchases of 27 days (from the Statement Closing Date to the Payment Due Date) and your current
to the extent you pay the current Statement in full on or before the Payment Due Date. There is no
Purchases balance will not be subject to periodic
grace period for transactions that post to your Credit Account as Cash Advances. These transactions are subject to
from the date of the transaction.
Computing Periodic INTEREST CHARGES:
is determined by multiplying the "Average Daily Balance" for Purchases and for Cash Advances
outstanding during the monthly Billing Cycle by the monthly "Periodic Rate". The monthly Periodic Rate for Purchases and for Cash Advances is determined by dividing the
ANNUAL PERCENTAGE RATE (APR) by 12. The Monthly "Periodic Rate" for Purchases is 4.1583% and for Cash Advances is 4.1583%. This is equivalent to an
ANNUAL PERCENTAGE RATE
Credit Account as well as Purchases and Cash Advances.
Reduction of the ANNUAL PERCENTAGE RATE
Credit Account may be automatically reduced from 49.9% to 39.9%. To qualify for a reduced 39.9%
limit, and your Credit Account must have never been more than 30 days past due in any previous Billing Cycle. Your Credit Account will be reviewed one time only for this
reduction. If your Credit Account does not meet the above criteria when reviewed, the
eligibility to reduce the
The "Average Daily Balance" is computed by taking the beginning balance of your Credit Account on each day, calculated separately for Purchases and Cash Advances,
adding new Purchases and/or Cash Advances and subtracting any payments or credits to get each day's daily balance. The daily balances are then added together and
divided by the number of days in the Billing Cycle to get the "Average Daily Balance".
Minimum INTEREST CHARGE:
The minimum
imposed. During the first 12 months your Credit Account is open, any interest assessed on the Credit Account will be equal to the actual accrued interest.
Annual Fee: We impose an Annual Fee on your Credit Account of $75.00 for the first year, and $45.00 for each subsequent year. The Annual Fee will be charged once the
Credit Account is opened, and in about the same Billing Cycle of each following year. Refer to the Refund Disclosure for additional information.
Monthly Servicing Fee: Your Credit Account will be charged a Monthly Servicing Fee of $6.50 per month ($78.00 annually) until your Credit Account is closed and the
balance is $20.00 or less. This fee will not be assessed in the first 12 months your Credit Account is open.
Cash Advance Fee:
whichever is greater. This fee will not be assessed to Cash Advances taken in the first 12 months your Credit Account is open.
Foreign Currency Transaction Fee: 3% of the Transaction Amount in U.S. dollars. This fee will not be assessed to foreign transactions made in the first 12 months your
Credit Account is open.
Late Fee: In every Billing Cycle in which your payment is late, you will be charged a Late Fee up to $35.00.
Return Item Charge: We impose a Return Item Charge up to $35.00 when a payment on your Credit Account is returned by the financial institution on which it was drawn
for insufficient funds or any other reason. The charge may be imposed even if we elect to re-present the item and it is paid upon our re-presentment.

on Cash Advances, there is an additional fee of $6.00 or 5% of the amount of each Cash Advance,

will not be reduced and your Credit Account will not be reviewed again for

, your Credit Account cannot be currently past due or over the credit

is $1.00 for each Billing Cycle during which an

ANNUAL PERCENTAGE RATE

based on a periodic rate is

In addition to the periodic

INTEREST CHARGE

INTEREST CHARGE

INTEREST CHARGE

on your

.APR

APR

APR

OTHER CHARGES:
Additional Card Fee: If you authorize us to issue an additional Card on the Credit Account there is an Additional Card Fee of $29.00 imposed annually for each additional
Card.
Credit Limit Increase Fee: Each time your Credit Account is eligible for and approved for an unsecured credit limit increase, a Credit Limit Increase Fee in the amount of
25% of the amount of the credit limit increase will be assessed to your Credit Account. For example: If approved for a $100.00 credit limit increase, a $25.00 Credit Limit
Increase Fee will be assessed to your Credit Account, which will result in an additional available credit of $75.00 on your Credit Account. This fee is automatically assessed
upon approval of your credit limit increase, which could be as soon as your Credit Account has been open for 13 months. Refer to the Refund Disclosure for additional
information.
Copying Fee: If you request a duplicate of any sales draft, Statement, or other document, we will charge you $3.00 for each copy we provide.
Credit Insurance: Disability and loss of income insurance is not required.
Express Delivery Fee: We impose a $35.00 fee for the express delivery of your Card. This service is only available for lost, stolen, or replacement Cards.
Wire Transfer Fee: $5.00 per Transaction.
Minimum Payment: Cutoff Time and Form of Payment: Each month that a New Balance is due, you must pay us at least the Amount Due This Period and Past Due
Amount as shown on your Statement. We must receive your payment on or before the Payment Due Date shown on your Statement. Payment(s) received in Proper Form,
will be credited as of the date of receipt at the address on the payment coupon of your Statement if received by 5:00 pm Central Time, Monday through Friday (federal
holidays excluded). Payments not received in Proper Form may delay the posting to your Credit Account. The Payment Due Date will be at least 27 days from the Closing
Date. Your Payment Due Date will be the same numeric date each month.
If your New Balance exceeds $30.00, the
dollar), or $30.00 whichever is more (or the entire New Balance, if the New Balance is less than $30.00), and (ii) any
Minimum Amount Due
requested on your Statement will not, by itself, cause your Credit Account to be delinquent. You may pay your entire balance at any time.

on your Statement will also include the amount by which the New Balance exceeds your Credit Limit. Failure to pay the

will be the sum of (i) 7% of your New Balance at the end of the Billing Cycle (rounded up to the next

. The amount requested as the
Amount Over Limit Due

Total Minimum Amount Due

Past Due Amount

Total
as

TRUTH IN SAVINGS DISCLOSURE - SECURITY DEPOSIT ACCOUNT

Rate Information: This is a non-interest bearing Security Deposit Account. The Interest Rate and Annual Percentage Yield is 0.00%.
Minimum Balance Limitations: The minimum balance to open this Security Deposit Account is $25.00. Once your balance reaches $95.00, your Credit Account will be
opened. We must receive the entire $95.00 within 85 days from the date we received your application, or any money applied to your Security Deposit Account will be
refunded.
Transaction Limitations: No withdrawals will be permitted from your Security Deposit Account while there remains a balance on your Credit Account or while you retain
possession of any First PREMIER Bank credit cards.
The maximum amount of funds that may be deposited into this Security Deposit Account is $5,000.00. Security Deposits in the amount of $500.00 or greater must be in
the form of guaranteed funds through credit card, debit card, bank wire, Wester Union Quick Collect or Money Gram ExpressPayments . Security Deposit funds
remitted using a checking account may be held for up to six business days, which will delay the opening of your Credit Account or increases to your credit limit. Before
your Credit Account is opened any deposit received that exceeds the initial $95.00 Security Deposit will be applied as a payment to your Credit Account. Once your Credit
Account has been opened, you may make additional deposits.

h

h

h

h

See the Credit Card Contract for further information regarding this
Credit Account. Retain these important documents.

Page 4

scheduled, if you want to stop payment on the amount you think 
is wrong.
You must notify us of any potential errors in writing (or electroni-
cally). You may call us, but if you do we are not required to inves-
tigate any potential errors and you may have to pay the amount in 
question.
What Will Happen After We Receive Your Letter: When we re-
ceive your letter, we must do two things:
(1) 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 cor-
rected the error.
(2) 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 hap-
pen:
•  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 10 days 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.
If we do not follow all of the rules above, you do not have to pay the 
first $50.00 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Pur-
chases: 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)  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 $50.00.  (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.)  
(2) You  must  have  used  your  credit  Card  for  the  Purchase.  Pur-
chases  made  with  Cash Advances  from  an ATM  or  with  a  check 
that accesses your Credit Account do not qualify.
(3)  You must not yet have fully paid for the Purchase.
If all of the criteria above are met and you are still dissatisfied with 
the Purchase, contact us in writing (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.firstpremier.com 
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. 
Your  Liability  for  Unauthorized  Use  of  Your  Credit  Account: 
You will not be liable for unauthorized use of your Card or Credit 
Account. However, to protect your rights, you are required to notify 
us orally or in writing as soon as you are aware that your Card or 
Credit Account has been lost, stolen or used without your consent. 
Certain exceptions apply and you may be liable for up to $50.00. 

To notify us of the loss, theft or possible unauthorized use of your 
Card, call us at 1-800-987-5521, 24 hours a day. 

STATE DISCLOSURES
California Residents: A married applicant may apply for a sepa-
rate  Credit Account. As  required  by  law,  you  are  hereby  notified 
that a negative credit reporting reflecting on your credit record may 
be submitted to a Consumer Reporting Agency if you fail to fulfill 
the terms of your credit obligations. After credit approval, each ap-
plicant shall have the right to use the Credit Account up to the limit 
of  the  Credit Account.  Each  applicant  may  be  liable  for  amounts 
extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those per-
mitted  by  law  will  be  charged  on  the  outstanding  balances  from 
month to month.
Kentucky  Residents:  You  may  pay  the  unpaid  balance  of  your 
Credit Account in whole or in part at any time.
Maine  Residents:  Credit  insurance  provided  herein  is  voluntary 
and  you  have  the  right  to  cancel  such  credit  insurance  at  any 
time.
New  York  and  Vermont  Residents:  First  PREMIER  Bank  may 
obtain  a  consumer  report  for  any  legitimate  purpose  in  connec-
tion with your Credit Account or your application, including but not 
limited  to  reviewing,  modifying,  renewing  and  collecting  on  your 
Credit Account. Upon your request, we (First PREMIER Bank) will 
inform you of the names and addresses of any Consumer Report-
ing Agencies that have furnished the reports.  New York residents 
may contact the New York State Banking Department (1-877-226-
5697)  to  obtain  a  comparative  list  of  credit  card  rates,  fees  and 
grace periods.
Ohio Residents: The Ohio laws against discrimination require that 
all creditors make credit equally available to all credit worthy cus-
tomers, and that Consumer Reporting Agencies maintain separate 
credit  histories  on  each  individual  upon  request.  The  Ohio  Civil 
Rights Commission administers compliance with this law.
Married Wisconsin Residents: No provision of any marital prop-
erty  agreement,  unilateral  statement,  or  court  order  applying  to 
marital  property  will  adversely  affect  a  creditor’s  interests  unless 
prior to the time credit is granted, the creditor is furnished with a 
copy  of  the  agreement,  statement,  or  court  order,  or  has  actual 
knowledge of that provision.

TERMS AND CONDITIONS OF YOUR
REQUIRED DEPOSIT ACCOUNT
The  following  additional  terms  apply  in  connection  with  your  re-
quired deposit account. 
Deposit:  An  initial  deposit  account  balance  is  needed  to  open 
your Credit Account.  The initial deposit account balance amount 
needed  is  printed  in  the  Truth  In  Savings Act  Disclosure.    Once 
your Credit Account is opened, you may make additional deposits 
to your deposit account up to a maximum deposit account balance 
of $5,000.00. Any non-cash items tendered for deposit, (including 
items drawn on us) will be given only provisional credit until collec-
tion is final. We are not responsible for transactions initiated by mail 
or outside depository until we actually receive them. 
Withdrawals: Since this deposit account is collateral for your Credit 
Account, withdrawals are not permitted from this deposit account 
while there remains an outstanding balance in your Credit Account 
or while you retain possession of any Card. In the event that your 
Credit Account is cancelled either by you or by us, we shall have a 
period of ninety (90) days from the earlier of the date of the return 
of your Card or the expiration date of the Card for all charges made 
on the Card to clear. When we receive payment in full under your 
Credit Account, and upon the expiration of this period, we will remit 
to you the full amount remaining in your deposit account.
Additional Terms and Disclosures: Additional information about 
your deposit account, including applicable federal Truth In Savings 
Act disclosures, were provided to you upon our receipt of your ini-
tial deposit or in the Truth In Savings Act Disclosure.
Ownership  of  Account:  Individuals--If  the  deposit  account  is 
opened in the name of one person, it means the owner does not 
intend to create any survivorship rights in any other person. Joint 

Accounts--If the deposit account is opened in the name of more 
than one person, each person intends that upon their death the bal-
ance in the deposit account (subject to the pledge to us) will belong 
to the surviving person(s) named on the account. 
Bankruptcy: If you become a debtor in any proceeding under the 
United States Bankruptcy Code you agree that you will recognize 
us as a perfected secured creditor with respect to the deposit ac-
count  and  that  you  will  declare  the  deposit  account  as  exempt 
property pursuant to the provisions of the United States Bankruptcy 
Code or applicable State exemption laws.
Amendments: We may amend the terms and conditions applicable 
to Your Required Deposit Account separately from the remainder of 
this Contract at any time upon reasonable notice to you by mail, as 
required by law. If this is a joint account, notice by us to one of you 
is notice to both. 
Pledge Agreement: As a security for the payment of all credit ex-
tended through your Credit Account, you pledge to, and grant First 
PREMIER Bank, its successors and assigns, a security interest in 
all funds now and hereafter deposited in your deposit account. You 
authorize  us  to  unconditionally  restrict  withdrawals  from  your  de-
posit account. If your Credit Account is in default, or if your Credit 
Account is terminated for any reason, we may at any time thereaf-
ter, and without notice to you (unless otherwise required by law), 
apply all or part of the funds in your deposit account to the payment 
of any and all amounts owed on your Credit Account. We may also 
exercise  any  other  remedies  under  the  terms  of  this  Contract  or 
otherwise available in law. 

ARBITRATION AND LITIGATION
This Arbitration  Provision  (“Provision”)  facilitates  the  prompt  and 
efficient resolution of any disputes that may arise between you and 
us. Arbitration is a form of private dispute-resolution in which per-
sons with a dispute waive their rights to file a lawsuit, to proceed 
in court and to a jury trial, and instead submit their disputes to a 
neutral third person (an arbitrator) for a binding decision. You have 
the right to opt out of this Provision, which means you would retain 
your right to litigate your disputes in a court, either before a judge 
or jury. To exercise your right to opt out you must provide us with 
written notice no later than 30 days after your Credit Account is first 
opened.  If  we  do  not  receive  your  written  notice  within  that  time 
frame, your rights to opt out will terminate, and you agree that the 
provisions of this section will apply.
PLEASE  READ  THIS  PROVISION  CAREFULLY.  IT  PROVIDES 
THAT ALL  DISPUTES ARISING  OUT  OF  OR  CONNECTED  TO 
THIS CONTRACT SHALL BE RESOLVED BY BINDING ARBITRA-
TION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. 
IN THE ABSENCE  OF THIS ARBITRATION AGREEMENT, YOU 
AND  WE  MAY  OTHERWISE  HAVE  HAD A  RIGHT  OR  OPPOR-
TUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR 
JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN 
A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT 
LIMITED TO, CLASS ACTIONS). EXCEPT AS OTHERWISE PRO-
VIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A 
WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND ALL OP-
PORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties and Matters Subject to Arbitration: For purposes of this 
Provision, “you” and “us” include the employees, parents, subsid-
iaries, affiliates, beneficiaries, agents and assigns of you and us. 
For purposes of this Provision, “Claim” means any claim, dispute 
or controversy by either you or us, arising out of or relating in any 
way to this Contract, this Provision (including claims regarding the 
applicability, enforceability or validity of this Provision), your Credit 
Account, any transaction on your Credit Account and our relation-
ship.  “Claim”  also  refers  to  any  interaction  or  communication  be-
tween you and us that occurred prior to or concurrent with entering 
into this Contract, including those now in existence, regardless of 
present knowledge. “Claim” shall refer to claims of every kind and 
nature,  including,  but  not  limited  to,  initial  claims,  counterclaims, 
cross-claims  and  third  party  claims. All  Claims  are  subject  to  ar-
bitration, regardless of legal theory and remedy sought, including, 
but  not  limited  to,  claims  based  in  contract,  tort  (including  negli-
gence, intentional tort, fraud and fraud in the inducement), agency, 

statutory law (federal and state), administrative regulations or any 
other source of law (including equity).
Agreement  to  Arbitrate:  Any  Claim  arising  out  of  or  relating  to 
this Contract, or the breach of this Contract or your Credit Account, 
shall be resolved and settled exclusively and finally by binding ar-
bitration, in accordance with this Provision. Binding arbitration shall 
not  be  required,  however,  for  collection  actions  by  us  relating  to 
your Credit Account. Furthermore, both you and we retain the right 
to pursue in a small claims court any Claim that is within that court’s 
jurisdiction,  provided  the  Claim  proceeds  on  an  individual  basis. 
However, only a court of law, not an arbitrator, shall determine the 
validity and effect of this Provision’s prohibition of class arbitration. 
For any Claims covered by this Provision, a party who asserted a 
Claim in a lawsuit in court may elect arbitration with respect to any 
Claim subsequently asserted in that lawsuit by any other party.
Voluntary  Waiver  of  the  Right  to  a  Jury  Trial  and  Class  Ac-
tion Participation: As a result of this Provision, neither you nor we 
have the right to litigate any Claim in court or the right to a jury trial 
on any Claim, except as provided above. YOU AGREE THAT YOU 
ARE  VOLUNTARILY AND  KNOWINGLY  WAIVING ANY  RIGHT 
YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRI-
AL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS 
A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN 
ANY  OTHER  REPRESENTATIVE  CAPACITY.  SIMILARLY,  NEI-
THER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A 
CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved by 
binding arbitration on an individual basis. Claims made and rem-
edies sought as part of a class action, private attorney general or 
other representative action are subject to arbitration on an individ-
ual  (non-class,  non-representative)  basis.  Therefore,  the  arbitra-
tor has no authority to conduct class-wide proceedings and will be 
restricted to resolving individual Claims. UNDER THIS ARBITRA-
TION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR 
ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitra-
tion will only be conducted on an individual Claim basis and there 
is no right or authority to consolidate or join any of your Claims with 
any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY 
AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS 
A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIM-
ANTS  PERTAINING  TO  ANY  CLAIM  SUBJECT  TO  ARBITRA-
TION UNDER THIS PROVISION.
Governing  Law:  This  agreement  to  arbitrate  is  made  pursuant 
to  a  transaction  involving  interstate  commerce  and  shall  be  gov-
erned by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may 
be amended. If for any reason the Federal Arbitration Act does not 
apply, the substantive law of the State of South Dakota shall govern 
this Provision.
Arbitration Location and Procedure: Any arbitration hearing at 
which you wish to appear will take place at a location within the fed-
eral judicial district that includes your billing address at the time the 
Claim is filed. The party bringing the Claim may file its Claim at any 
of two national arbitration organizations: the National Arbitration Fo-
rum (“NAF”), or the American Arbitration Association (“AAA”). The 
arbitration organization that is selected will administer the arbitra-
tion pursuant to its procedures in effect at the time of filing, subject 
to this Provision. In the event of a conflict or inconsistency between 
the  respective  organization’s  rules  and  this  Provision,  this  Provi-
sion shall govern. The arbitration will be conducted before a single 
arbitrator,  whose  authority  is  limited  solely  to  individual  Claims 
between you and us. The arbitration will not be consolidated with 
any  other  arbitration  proceeding.  Any  decision  rendered  in  such 
arbitration proceeding will be final and binding on the parties and 
judgment may be entered in a court of competent jurisdiction. The 
rules and forms of each respective organization may be obtained 
as follows: National Arbitration Forum, (1-800-474-2371), P.O. Box 
50191,  Minneapolis,  MN  55405,  website  at  www.arb-forum.com; 
American Arbitration Association, (1-800-778-7879), 335 Madison 
Avenue, Floor 10, New York, NY 10017, website at www.adr.org.
Arbitrator’s  Authority:  The  arbitrator  shall  apply  the  applicable 
substantive  law,  consistent  with  the  Federal Arbitration Act;  shall 

apply statutes of limitation; and shall honor claims of privilege rec-
ognized at law. In conducting the arbitration proceeding, the arbi-
trator  shall  not  apply  any  federal  or  state  rules  of  civil  procedure 
or  evidence.  PURSUANT  TO  THIS ARBITRATION  PROVISION, 
THERE IS NO RIGHT TO ENGAGE IN PREARBITRATION DIS-
COVERY  EXCEPT  AS  PROVIDED  FOR  IN  THE  RULES  AND 
PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL AR-
BITRAL ORGANIZATION. Either party may, however, request to 
expand the scope of discovery. If a request is made, within 15 days 
of the requesting party’s notice, the objecting party may submit ob-
jections to the arbitrator with a copy of the objections provided to 
the  party  requesting  expansion.  The  grant  or  denial  of  a  party’s 
request  will  be  in  the  sole  discretion  of  the  arbitrator,  who  shall 
notify the parties of the final decision within 20 days of the objecting 
party’s submission.
The Arbitrator’s Award: The arbitrator has the ability to award to 
the prevailing party all remedies available at common law, by stat-
ute or in equity, including injunctive relief, declaratory relief, arbitra-
tion costs and attorney fees. The arbitrator shall not, however, have 
authority to award any punitive damages. YOU AND WE AGREE 
THAT PUNITIVE DAMAGES ARE NOT RECOVERABLE
IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS 
CONTRACT.  For  awards  not  in  excess  of  $5,000.00,  upon  the 
timely request of any party, the arbitrator shall provide a brief writ-
ten explanation of the basis for the award. In the event an award 
exceeds $5,000.00, or in which there is a request for equitable relief 
with a potential financial impact or value in excess of $5,000.00, the 
award of the arbitrator shall be in writing and shall specify the facts 
and the law on which it is based. In such case, the arbitrator’s find-
ings of fact must be supported by substantial evidence and the ar-
bitrator’s conclusions of law must not be based on legal error or be 
erroneous under the applicable substantive law. Further, in addition 
to the Federal Arbitration Act’s grounds for vacation, modification or 
correction of the arbitrator’s award, the parties shall have the right 
to judicial review of the arbitrator’s award to determine whether the 
arbitrator’s findings of fact are supported by substantial evidence 
and whether the arbitrator’s conclusions of law are based on legal 
error or are erroneous under the applicable substantive law. Judg-
ment  upon  the  award  rendered  by  the  arbitrator  may  be  entered 
in any court having jurisdiction thereof. However, if the award is in 
excess  of  $5,000.00,  judgment  may  be  entered  only  upon  deter-
mination  by  the  court  that  the  award  is  supported  by  substantial 
evidence and is not erroneous or based on legal error. 
Expenses: Regardless of who demands arbitration, we will pay all 
expenses  of  arbitration,  including  the  filing,  administrative,  hear-
ing and arbitrator’s fees (“Arbitration Fees”), to the extent that the 
Arbitration Fees exceed the amounts you would be required to pay 
for filing a lawsuit in a court. Throughout the arbitration, each party 
shall bear his or her own attorney fees and expenses, such as wit-
ness and expert witness fees. If you prevail in the arbitration of any 
Claim against us, we will reimburse you for any fees you paid to the 
arbitration organization in connection with the arbitration.
Binding Effect and Survival: You and we agree that, except as 
specifically provided for above, the arbitrator’s decision will be final 
and binding on all parties subject to this Provision. This Provision 
is  binding  upon  you,  us,  and  the  heirs,  successors,  assigns  and 
related third parties of you and us. This Provision shall survive ter-
mination of your account, whether it be through voluntary payment 
of the debt in full by you, a legal proceeding initiated by us to collect 
a debt that you owe, a bankruptcy by you or a sale of your Credit 
Account by us.
Severability: If any portion of this Provision is deemed invalid or un-
enforceable under any law or statute consistent with the FAA, such 
a finding shall not invalidate any remaining portion of this Provision, 
the Contract or any other agreement entered into by you with us. 
However, the prohibition on class arbitration is not severable from 
the remainder of this Provision. In the event that a court deems the 
prohibition on class arbitration to be invalid and unenforceable, any 
subsequent class action or representative proceeding shall be in a 
court of law and will not be subject to binding arbitration.
M-105897                   SEC                       2/12

First PREMIER Bank
CREDIT CARD AND DEPOSIT ACCOUNT CONTRACT 
AND ACCOUNT OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Ac-
count with us, including important provisions relating to arbitration 
and litigation. For additional important information on fees and 
INTEREST CHARGES and other contract provisions that apply 
to  your  Credit Account,  please  review  the Account  Opening 
Disclosures printed on the card carrier containing your Card. 
Be sure to retain all Contract documents for future reference.

YOUR CONTRACT WITH US
Your MasterCard® or Visa® brand Credit Account is governed by 
the terms and conditions in this Contract and the Account Open-
ing  Disclosures  printed  on  the  card  carrier  containing  your  Card 
(“Contract”).
Applicable Law: No matter where you live, our Contract with you 
and the terms of your Credit Account will be governed by the laws 
of the State of South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, 
this Contract is effective upon the earlier of (1) the first Purchase 
made or Cash Advance taken on your Credit Account, and (2) the 
expiration of 30 days from the date we issue the Card to you if you 
do not provide us written notice of your desire to cancel within this 
30 days. If you are a resident of the State of New York, this Con-
tract is not effective until the earlier of (1) the first Purchase made 
or Cash Advance taken on your Credit Account, and (2) the date 
you move from the State of New York, unless the date you move 
from the State of New York is less than 30 days from the date we 
issue a Card to you, in which case this Contract will be effective 
on the date that is 30 days from the date we issue a Card to you 
(and not the date you move from the State of New York) if you do 
not provide us written notice of your desire to cancel within this 30 
days. In all cases, if any fees are required to be paid prior to open-
ing your Credit Account, this Contract will not be effective and your 
Credit Account will not be opened until such fees are paid in full. 
You  are  not  obligated  to  pay  any  fees  or  INTEREST  CHARGES 
(other than any fees required to be paid prior to opening your Credit 
Account) until this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In  this  Contract,  “we”,  “us”  and  “our”  each  refer  to  First  PRE-
MIER Bank (the “Bank”).
“Authorized User” means any person authorized by you to use 
the Card or Credit Account.
“Billing  Cycle”  begins  on  the  day  after  the  Statement  Closing 
Date of the previous Statement and includes the Statement Clos-
ing Date of the current Statement.
“Card” means all the plastic credit cards we issue to you or any 
other person who is authorized to use the Credit Account. In the 
event we issue other devices by which you can access your Credit 
Account,  those  devices  will  also  be  “Cards”  for  purposes  of  this 
Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for 
you  and  the  relationship  that  is  established  between  you  and  us 
by this Contract. This Credit Account is used to record transaction 
activity made by you when you access or otherwise utilize the line 
of credit we extend to you when you use your Card.
“New Balance” means the outstanding balance of your Credit Ac-
count at the end of any Billing Cycle. The New Balance is the sum 
of  the  Previous  Balance  (defined  as  the  New  Balance  shown  on 
your  last  Statement)  less  payments  and  credits,  plus  new  Cash 
Advances and Purchases and our charges posted during the Bill-
ing Cycle.
“Payment Due Date” means the date we must receive your pay-
ment, which is not less than 25 days from the Closing Date.

“Proper Form” means that a payment sent by mail or courier fol-
lows these guidelines:

•	 Payments must be sent to the address on the payment cou-

pon of your Statement.

•	 Payments must be made by check or other negotiable instru-

ment in U.S. dollars payable to First PREMIER Bank.

•	 All checks or negotiable instruments must be drawn on a U.S. 

bank or at a U.S. branch of a foreign bank.

•	 Payments  must  not  be  in  the  form  of  cash  or  third-party 

checks. 

•	 Your payment coupon must be included with your payment. If 
your payment coupon is not included, your name and account 
number must be printed legibly on your check or negotiable 
instrument.

“Related Credit Account(s)” means any Credit Accounts estab-
lished using the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided 
to you at the end of each Billing Cycle.
“Total Minimum Amount Due” means the total minimum amount 
we request that you pay each month as indicated on your State-
ment. This amount includes the Amount Due This Period, any Past 
Due Amount and any Amount Over Limit Due, which is the amount 
by  which  the  New  Balance  exceeds  your  Credit  Limit.  (See  the 
Minimum Payment provisions on the Account Opening Disclosures 
printed on the card carrier containing your Card for more informa-
tion on how the “Total Minimum Amount Due” is calculated.)
“You” and “your” mean each and every person who is authorized 
to use the Credit Account, including Authorized Users, joint account 
holders and other persons you authorize to use the Card. 
Other important words used in this Contract begin with capital let-
ters. They are defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If You  Do  Not  Want  the  Card:  If  you  do  not  want  the  Card  and 
Credit Account, you must contact us by telephone or in writing ask-
ing us to close your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to any-
one else to use. Other people who want a Credit Account should 
apply separately.
Your Responsibility for Authorized Users: If another person is 
given access to your Credit Account with your express or implied 
permission, notwithstanding the provision above, that person is an 
Authorized User, even if we did not issue an additional Card in the 
Authorized User’s name. At your request, and if we agree, we may 
issue an additional Card in the name of an Authorized User with 
your Credit Account number.
You will be responsible for all charges, Cash Advances, INTEREST 
CHARGES, Purchases and fees incurred by any Authorized User. 
We are not required to try to obtain payment from any Authorized 
User before requiring payment from you. 
If you wish to remove an Authorized User from your Credit Account 
you must contact us either by telephone or in writing. You will still 
be responsible for payment of all Purchases, Cash Advances, IN-
TEREST CHARGES and fees incurred or obtained by the Autho-
rized User. We may close your existing Credit Account and issue 
you  a  new  Card  and  account  number.  You  and  each Authorized 
User agree that we may report account information to Consumer 
Reporting Agencies in the names of both you and the Authorized 
User.
Lost or Stolen Cards: To protect your rights, you must notify us 
immediately at 1-800-987-5521 if your Card is lost or stolen or if 
you  suspect  that  it  has  been  used  or  may  be  used  without  your 
permission.  If  your  Card  is  reported  as  lost  or  stolen  or  you  are 
claiming unauthorized use of your Credit Account or Card, we may 
require you to file one or more reports with the appropriate law en-
forcement agencies and us prior to our removal of possible unau-
thorized charges made against your Credit Account. You will not be 
liable for unauthorized use of your Card. Certain exceptions apply 
and you may be liable for up to $50.00.
Refusal to Accept Your Card: We are not responsible if any per-
son or merchant does not accept your Card, or if an ATM or other 

device  fails  to  properly  operate. All  transactions,  even  when  you 
get a receipt, are subject to our final verification.
Cards Are Our Property: You agree to return each Card issued on 
your Credit Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your Promise To Pay: You agree to pay us for all charges, Cash 
Advances,  INTEREST  CHARGES,  Purchases  and  fees  incurred 
on your Credit Account by you, or by any Authorized User, as well 
as any other fees imposed by us, as explained in this Contract. If 
more  than  one  person  requests,  accepts  or  uses  the  Credit Ac-
count, each and every person individually and jointly are respon-
sible for payment until the account is paid in full.
Joint Account Holders: If this is a joint Credit Account, each per-
son  who  signed  the  application:  (1)  may  obtain  Purchases  and 
Cash Advances not to exceed the total credit limit; (2) will be re-
sponsible for paying all amounts owed; and (3) can close the Credit 
Account.
Accessing  Your  Credit  Line:  You  can  use  the  Card  and  your 
Credit  Account  to  make  Purchases  and  obtain  Cash  Advances. 
Upon your request, you may be assigned a Personal Identification 
Number (PIN). If a PIN is assigned to you, you can obtain a Cash 
Advance at any authorized ATM by using the Card and PIN.
Understanding Your Credit Limit: Your “Credit Limit” is the maxi-
mum amount of credit we have approved for your Credit Account. 
The amount of your Credit Limit is printed on the card carrier con-
taining your Card and on your Statements. Your balance may not 
exceed  your  Credit  Limit  at  any  time. At  our  sole  discretion,  we 
may honor Purchases or Cash Advances in excess of your Credit 
Limit without raising your Credit Limit. If we do, we may require you 
to  pay  us  any  amount  over  your  Credit  Limit  immediately.  Deci-
sions on Credit Limit increases may be based on your performance 
under this Credit Account and other Related Credit Accounts you 
have with us and other credit criteria. If we have previously allowed 
your  balance  to  exceed  your  Credit  Limit,  it  does  not  mean  that 
we will permit your balance to exceed your Credit Limit again. We 
reserve the right to approve or deny authorizations or transactions 
from any merchant at our sole discretion.
Obtaining  Cash  Advances:  You  may  take  Cash  Advances  on 
your Credit Account in any of the following ways: By presenting the 
Card to us or any other participating MasterCard® or Visa® finan-
cial institution to obtain cash, by using the Card at an authorized 
merchant, other non-bank entity, or an Automated Teller Machine 
(ATM) or other device to obtain cash or cash equivalent, or to make 
a  transfer  from  your  Credit Account  to  any  other  deposit  or  loan 
account. Even if you use your Credit Account to obtain cash from a 
non-bank entity, the transaction will be described as a Bank Cash 
Advance.
You may not take Cash Advances in excess of $500.00 per day. 
The minimum Cash Advance per transaction is $20.00. For Credit 
Accounts  opened  on  or  after  June  1,  2003,  your  initial  Cash Ad-
vance limit will be 10% of your assigned Credit Limit. Once your 
Credit  Account  has  been  open  and  active  for  a  minimum  of  90 
days,  has  two  consecutive  months  of  current  payment  history,  is 
not currently delinquent and no payments have been returned for 
the past 60 days, your Cash Advance availability may be increased 
to  50%  of  the  assigned  Credit  Limit.  For  example,  if  your  Credit 
Limit is $250.00, your beginning Cash Advance limit will be $25.00 
and may increase to $125.00 once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND
COMMUNICATIONS FROM US
Where We Send Statements: We will send Statements and any 
other notices to you at the address shown in our files. If this is a 
joint Credit Account, we can send Statements and notices to either 
of you. You agree to notify us promptly of any change in your ad-
dress.  We  may  accept  address  changes  or  corrections  from  the 
United States Postal Service. We may also mail Statements and 
other communications to you at any address we determine to be 
an address at which you can receive mail. If you elect to receive 
Statements and other communications electronically, we may send 
those Statements and communications as directed by you.

When You Receive Your Statements: We will send you a State-
ment at the end of each monthly Billing Cycle in which your Credit 
Account  has  a  debit  or  credit  balance  of  more  than  $1.00,  if  an 
INTEREST CHARGE has been imposed or if other account activity 
has  occurred.  Your  Statements  will  arrive  around  the  same  time 
each month, however we reserve the right to change the date of 
your Billing Cycle at any time.
Understanding Your Statement: The Statements we send to you 
will  reflect  the  activity  and  our  INTEREST  CHARGES  and  other 
charges, costs and fees on your Credit Account during the Billing 
Cycle. They will also show your Total Minimum Amount Due and 
Payment  Due  Date,  which  is  the  date  by  which  we  must  receive 
payment.  The  information  contained  on  the  Statement  will  be 
deemed to be correct unless you advise us in writing of any error 
within  60  days  of  the  date  on  which  we  send  your  Statement.  If 
there are more than one of you living at different addresses, we will 
send the Statements only to the person named as the “Applicant” 
in your application.
Your Consent for Calls and/or Text Messages to Your Cellular 
Phone:  If  we  collect  your  cellular  phone  number  from  you,  from 
another source, or as a result of receiving a cellular phone call from 
you, you expressly consent to accept from us, our affiliates or any 
third party acting on our behalf:
(1) Calls or text messages for collection purposes or for other ac-
count-related purposes, such as to process your application.
(2)  Calls  or  text  messages  that  we  initiate  to  your  cellular  phone 
number made or transmitted using any automatic telephone dialing 
system and/or containing prerecorded messages.
You agree you will be responsible for any fees or charges you incur 
as a result of incoming calls or text messages from us, from our 
affiliates  or  from  any  third  party  acting  on  behalf  of  us  or  our  af-
filiates.
E-mail: By providing us with your e-mail address, you consent to 
receive  correspondence  electronically  from  us  and  our  affiliates 
and service providers. You agree that we may communicate with 
you by e-mail for any lawful reason.
Other Communication Devices: If you provide us with any other 
form of electronic communication mechanism, you agree that we 
may communicate with you by that mechanism for any lawful rea-
son.

ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on your 
Credit Account.  Refer  to  the  Minimum  Payment  provisions  in  the 
Account Opening Disclosures printed on the card carrier containing 
your  Card  for  more  detailed  information.  Payments  made  in  any 
Billing Cycle that are greater than the Total Minimum Amount Due 
will not affect your obligation to make the next minimum monthly 
payment. Each month your Statement shows a New Balance you 
must pay the Total Minimum Amount Due. Generally, credits to your 
Credit Account,  such  as  those  generated  by  merchants,  are  not 
treated  as  payments  on  your  Credit Account  and  will  not  reduce 
your Total Minimum Amount Due. You have until the Payment Due 
Date shown on the front of your Statement, which is not less than 
25 days from the Closing Date, to pay the Total Minimum Amount 
Due.
Applying  Your  Payments:  We  will  apply  payments  to  balances 
subject  to  higher  INTEREST  CHARGES  and  other  charges  be-
fore  applying  payments  to  balances  subject  to  lower  INTEREST 
CHARGES and other charges.  We may apply your payments to 
principal amounts, Cash Advances, INTEREST CHARGES, other 
charges and other amounts in any order in our discretion, and may 
change the order of the application of payments from time to time 
at our discretion.
Availability of Credit: Available credit created as a result of pay-
ments posted to your Credit Account may not be available for up 
to 20 days, or even longer if circumstances warrant an additional 
hold,  or  if  we  deem  ourselves  at  risk  for  any  reason. Your  avail-
able credit may be limited, from time to time, if you provide your 
Credit Account number or Card to a merchant that processes ad-
vance authorizations, such as hotels, motels and car rental. Such 
an authorization may limit your ability to make Purchases and take 

Cash Advances  on  your  Credit Account  until  the  authorization  is 
canceled by the merchant and your available credit is released.
Electronic  Check  Presentment:  When  you  send  us  a  personal 
check, you authorize us to either use information from your check 
to make a one-time electronic transfer from your account, or to pro-
cess the payment as a check transaction. If your check is processed 
electronically, your canceled check will not be returned to you by 
your financial institution. We will retain an image of your electroni-
cally processed check(s) as required by law. If requested prior to 
the time we are allowed by law to destroy electronically processed 
checks, we will provide you with a copy of your electronically pro-
cessed check(s) upon your request. Funds may be withdrawn from 
your bank account as soon as the day your payment is received. 
We agree to accept your checking account statement as proof of 
payment. The description on your checking account statement will 
read: PREMIER CR CARD CHECK-PAYMT, serial number of the 
check, amount of the payment and date of the transaction. If you 
choose to opt out of electronic check presentment, please call our 
Customer Service Department at 1-800-987-5521.
Late Payments: We may accept late payments or partial payments 
or checks and money orders marked “payment in full” without waiv-
ing any of our rights under this Contract.

DEFAULT PROVISIONS
Events of Default: You will be in default of this Contract if any of 
the following occur on this or any Related Credit Account:

•	 You  do  not  pay  at  least  the Total  Minimum Amount  Due  on 
your Credit Account on or before the Payment Due Date.

•	 You die or become legally incompetent. 
•	 You become insolvent or bankrupt. 
•	 You exceed or attempt to exceed your Credit Limit.
•	 You provide us with or have provided us with false or mislead-

ing information or signatures at any time. 

•	 You fail to comply with this Contract.
•	 You fail to make any payment or perform any promise in any 

agreement or obligation you have with us. 

•	 Any judgment, lien, attachment or execution is issued against 

you or your property. 

•	 You request an excessive number of replacement Cards.
•	 We reasonably believe that you will not pay amounts owed to 

us for any reason.

If You Are In Default: Upon your default of this Contract, we will 
have all remedies provided by law including, without limitation, and 
without prior notice or demand, the right to:
•	 Deny use of your Credit Account.
•	 Close or refuse to renew your Credit Account.
•	 Demand the return of your Card(s).
•	 Declare your entire balance immediately due and payable.
•	 Initiate collection activity.
•	 Not replace your Card(s).

Collection  Costs:  To  the  extent  permitted  by  law,  you  must  pay 
all court and collection costs, including reasonable attorneys’ fees, 
the  costs  of  placing  your  Credit Account  in  the  Warning  Bulletin 
and the costs of confiscating your Card, that we incur as a result 
of your default.

CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may sus-
pend  your  Credit  Account  privileges  or  permanently  cancel  and 
close your Credit Account at any time, for any reason.
You May Close Your Credit Account: You may cancel your Credit 
Account at any time by notifying us by telephone or in writing. Even 
after your Credit Account is closed, you remain responsible for pay-
ing any amounts you owe on the Credit Account according to the 
terms of this Contract. If this is a joint Credit Account, either of you 
may request that the Credit Account be closed and we will honor 
that request. 
Non Use Inactivity Closure: If you have never made a payment 
or used your Credit Account for a Purchase or Cash Advance, your 
Credit Account will be automatically closed, and all fees posted to 
your  Credit Account  will  be  reversed,  when  your  Credit Account 

becomes  50  days  delinquent  (75  days  from  the  initial  Statement 
Closing Date if you are a resident of the State of New York).
Refund Disclosure: We will refund your initial fees (those that are 
billed at the time of account opening) if (1) you have not used your 
Card for a Purchase or Cash Advance; and (2) you have not paid 
a fee after receiving a billing statement.  We will refund any Credit 
Limit Increase Fee charged to your Credit Account if you notify us, 
within 30 days of the date of the Periodic Statement on which it ap-
pears, that you do not wish to have the credit limit increase.  This 
will result in a reversal of the credit limit increase.  Except as de-
scribed in this paragraph, these fees are non-refundable.  

OTHER TERMS AND CONDITIONS
Required Deposit: We require your Credit Account to be secured 
by a deposit account which you must maintain at First PREMIER 
Bank. Additional  terms  and  conditions  governing  the  deposit  ac-
count are explained elsewhere in this Contract. 
Severability:  If  any  provision  of  this  Contract  is  invalid  or  unen-
forceable, it shall not affect the validity or enforceability of any other 
provision of this Contract. 
Changing This Contract: We may change this Contract from time 
to  time.  For  example,  we  may  change  your  Credit Account  num-
ber or the Minimum Payment, add new INTEREST CHARGES or 
fees,  change  the  ANNUAL  PERCENTAGE  RATE  or  change  the 
method of computing the balance upon which we impose INTER-
EST CHARGES. We may also make other changes. We will notify 
you in writing of any change if required by law. Contract changes 
will apply to amounts you owe at the time the change is effective 
and to new transactions on your Credit Account, unless otherwise 
required by law.
Information Sharing: The following describes your agreement with 
us with respect to information sharing. By requesting, obtaining or 
using a Credit Account from us you agree that we may release in-
formation in our records regarding you and your Credit Account:

•	 To comply with any properly served subpoena or similar re-

quest issued by a state or federal agency or court.

•	 To share your credit performance with Consumer Reporting 
Agencies and other creditors who we reasonably believe are 
or may be doing business with you on your Credit Account. 
•	 To  provide  information  on  your  Credit  Account  to  any  third 
party who we believe is conducting an inquiry in accordance 
with the Federal Fair Credit Reporting Act.

•	 To share information with our employees, agents or represen-
tatives performing work for us in connection with your Credit 
Account.

•	 To communicate information as to our transactions or expe-
riences  with  you  to  persons  or  entities  related  by  common 
ownership or affiliated by corporate control or with any third 
party (including non-affiliates).

We may also share information such as: (1) information other 
than  our  own  transactions  with  you  with  persons  or  entities 
related to the Bank by common ownership or corporate con-
trol;  or  (2)  information  on  your  Credit  Account  with  certain 
companies to provide or offer you selected products, services 
or  cardholder  benefits.  You  may  direct  us  not  to  share  one  or 
both  of  these.  If  this  is  your  request  call  1-800-987-5521  or  no-
tify  us  in  writing  at  First  PREMIER  Bank,  P.O.  Box  5528,  Sioux 
Falls, SD 57117-5528. Be sure to include your name, address and 
Credit Account  number.  You  may  receive  a  copy  of  our  informa-
tion on your Credit Account by writing or calling us at the address 
or  telephone  number  listed  above.  By  requesting  or  obtaining  a 
Credit Account, you authorize us to check your credit history. You 
authorize your employer, bank and any other references listed to 
release and/or verify information to us and our affiliates in order to 
determine  your  eligibility  for  the  Credit Account  and  any  renewal 
or future extension of credit. If you ask, you will be told whether or 
not consumer reports on you were requested and the names of the 
Consumer Reporting Agencies, with their addresses, that provided 
the reports. If you designate an Authorized User to use your Card, 
you understand that account information may also be reported to 
Consumer Reporting Agencies in the Authorized User’s name.

No  Waiver:  Even  if  we  do  not  exercise  any  right  we  may  have 
against you, we do not intend to waive that right. We can exercise 
it against you in the future.
Binding Effect Upon Death or Incompetency: If we pay a mer-
chant for a Purchase or post a Cash Advance to your Credit Ac-
count  before  we  receive  actual  written  notice  of  your  death  or 
incompetence,  or  if  we  pay  a  merchant  for  a  Purchase  made  by 
you or post a Cash Advance taken by you prior to your death or 
incompetence,  that  transaction  will  be  a  valid  and  binding  Credit 
Account obligation upon you, your estate and your personal rep-
resentatives.
Our  Liability  To You:  We  have  no  liability  to  you,  other  than  as 
placed on us by law. We will meet our duty to care for your Credit 
Account(s) under reasonable banking procedures. Our mere cleri-
cal error or honest mistake will not be considered a failure to per-
form any of our obligations.
Transactions in Foreign Currencies: If you make a transaction 
in a foreign currency, it will be converted into U.S. dollars, and you 
agree to accept the converted amount. Visa USA, Inc. or Master-
Card International, Inc. will use its currency conversion procedures 
in effect when processing the transaction. The currency conversion 
rate will be a rate selected by Visa or MasterCard, as applicable, 
from the range of rates available in wholesale currency markets for 
the applicable central processing date, which rate may vary from 
the  rate  Visa  or  MasterCard  itself  receives,  or  the  government-
mandated rate in effect for the applicable central processing date, 
in  each  instance,  plus  a  foreign  currency  transaction  fee  in  the 
amount disclosed on your Account Opening Disclosures printed on 
the card carrier containing your Card. This fee will be paid to us and 
applied to all transactions posted to your Credit Account in a for-
eign currency, including all Purchase transactions, Cash Advance 
transactions, ATM transactions and returns and adjustments (e.g., 
for returned merchandise). The currency conversion rate used on 
the processing date may be different than the rate that was in ef-
fect on the date you conducted the transaction. We do not set the 
currency conversion rate, and we do not receive any portion of it. 
We do, however, receive a foreign currency transaction fee as dis-
closed on your Account Opening Disclosures printed on the card 
carrier containing your card.
Prohibition  on  Gambling  and  Illegal  Transactions:  Your  Card 
and Credit Account may not be used in connection with any gam-
bling  transaction  (whether  legal  or  illegal).  Also,  your  Card  and 
Credit Account may be used only for valid and lawful purposes. If 
you use, or allow someone else to use your Card or Credit Account 
for any unlawful purpose or for any gambling transaction, you will 
be responsible for such use and may be required to reimburse us 
for all amounts or expenses we pay as a result of such use.
Call Recording: We reserve the right to monitor and/or record tele-
phone  calls  for  quality  and  training  purposes.  This  includes  both 
calls to and originated by First PREMIER Bank, PREMIER Bank-
card, LLC, or any of our affiliates or service providers.

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  Find A  Mistake  On Your  Statement:  If  you 
think there is an error on your statement, write to us at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.firstpremier.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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.
• At  least  three  business  days  before  an  automated  payment  is