Cardmember Agreement for Elan Financial Services® Visa Signature® and Visa 
Signature® Elite Accounts 

This credit card program is issued and administered by Elan Financial Services. This information is accurate as of December 31, 2021. 
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the Agreement 
that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION: Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 10.74% 
(APR) 13.99% 
(DPR) 0.038329% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 10.74% 
(APR) 13.99% 
(DPR) 0.038329% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on the 
Prime Rate. 
Penalty APR and When It Applies 

Prime + 20.74%  
(APR) 23.99%  
(DPR) 0.065726%  
There is no Penalty Rate for your Account. 

Paying Interest 

 Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

•  Annual Fee 
•  Travel Fee 

Transaction Fees   

Your due date is 24-30 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 Advances and Balance Transfers on the 
transaction date. 
If you are charged interest, then the Minimum Interest Charge 
will be no less than $2.00. 
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 
http://www.consumerfinance.gov/learnmore. 
NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before you begin using your Card and based on your 
Revolve Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not yet 
used it or paid a fee after receiving a billing statement. If you do 
reject  the  Account,  you  are  not  responsible  for  any  fees  or 
charges. 
NONE 
NONE 

•  Balance Transfer Advance Fee  

•  Convenience Check Advance Fee 

Either $5 or 3% of the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)). 
Either $5 or 3% of the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)). 

•  Financial Institution Cash Advance Fee   Either $5 or 3% of the Advance amount, whichever is greater 

•  Cash Equivalent Advance Fee 

(maximum fee (No Maximum)). 
Either $10 or 3% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 

 
 
 
 
 
 
 
 
 
 
 
 
•  Cash Advance Overdraft Protection 

$10  

Fee  

•  Cash Advance ATM Fee 

•  Foreign Transaction Fee 

Account Fees 

•  Late Fee  

•  Return Payment Fee  

Either $5 or 3% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 
Up to 1% of each foreign transaction amount. 

Up to $40 

Up to $35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”.  See 
the Agreement for more details. 

P. O. Box 6352 
Fargo, ND  58125 

Cardmember Agreement  

This is a cardmember agreement and disclosure statement (“Agreement”) between you 
and  the  Issuer  containing  the  terms  that  will  apply  to  your  Credit  Card  Account 
(“Account”)  effective  December  31,  2021.  In  this  Agreement,  “you”,  “your"  and 
“Cardmember”  means  each  individual  accepting  a  solicitation  or  applying  for  the 
Account or otherwise agreeing to be responsible for the Account. “We”, “us”, “our”, and 
“Cardmember Service” means Elan Financial Services, the issuer of the Card and your 
Account creditor. Please read this Agreement carefully and keep it in a safe place to 
make  the  best  use  of  the  credit  cards  we  issue  with  this  Account  (“Card”).  The 
Agreement becomes effective as soon as you or someone authorized by you uses or 
activates  the  Card  or  Account.  Even  if  the  Card  or  Account  has  not  been  used  or 
activated, the Agreement becomes effective unless you contact us within 30 days after 
you  receive  the  Card  by  calling  the  number  on  the  back  of  the  Card  to  cancel  your 
Account. This web Agreement does not replace the Agreement that is provided with the 
Account and Card.    

This  Agreement  contains  an  arbitration  provision  (including  a  class  action 
arbitration waiver).  It is important that you read the entire Arbitration Provision 
section carefully. 

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1.    Personal  Use:  You  may  use  the  Account  only  for  personal,  family  or  household 
purposes.  Federal  or  state  consumer  protection  laws  may  not  apply  if  you  use  the 
Account for other than personal, family or household purposes.  

2. Purchases: You may use  the Account to buy, lease or otherwise obtain goods or 
services  from  participating  merchants  (including  transactions  you  initiate  by  mail, 
telephone  or  over  the  Internet),  or  take  advantage  of  special  promotional  Balance 
Transfer offers that post as Purchase transactions (“Purchases”).  We will, in connection 
with any promotional offer we make from time to time, provide information on your Card 
carrier  or  in  additional  materials  (the  “Offer  Materials”)  that  explain  whether  those 
transactions will post and be treated as a Purchase.  Even if you have not signed a sales 
draft or the merchant has not supplied you with a written receipt or other proof of sale, 
you are responsible for all Purchases made through your Account, except as expressly 
limited by applicable law (see Your Billing Rights section below for more details).  

3. Advances: “Advances” are transactions other than Purchases that allow you direct 
access  to  funds  available  through  your  Account.    Advances  may  include  Account 
transactions  such  as  cash  advances  you  obtain  directly  from  us,  automated  teller 
machines (“ATMs”) or other participating financial institutions (“Cash Advances”). ATM 
and financial institution Advances include phone (automated phone system and 24 Hour 
customer service assisted) and Internet transfers. Advances also include some Balance 
Transfers, Convenience Checks, FastCash, Overdraft Protection Advances and Cash 
Equivalent Advances.  “Cash Equivalent Advances” include transactions to acquire or 
initiate wire transfers, travelers checks, cashier’s checks, money orders, foreign cash 
transactions,  casino  gaming  and  betting  transactions  and  lottery  tickets.    Monthly 
Account  statements  we  issue  may  refer  to  Advances  as  an  Advance,  Cash,  Cash 

Advances, or by the product or device you used to obtain an Advance.  Refer to the 
Account Fees section for details on Advance Transaction Fees. 

4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for 
Advances and that portion may vary from time to time. Although you may have credit 
available under your Account, we may be unable to authorize an Advance. You may 
contact Cardmember Service to learn the portion of your Revolve Limit which is available 
for Advances. 

5. Convenience Checks: From time to time, we may supply Convenience Checks for 
use by  the person(s) or drawer  named on those checks.  “Convenience Checks” are 
drafts that look like other  checks,  but are drawn  on credit available in your Account.  
Convenience Checks may not be offered for all Account types.  We will, in connection 
with  any  Convenience  Check  we  provide,  include  Offer  Materials  that  will  explain 
whether the Convenience Check will post and be treated as an Advance or as a Balance 
Transfer.  Convenience  Checks  must  be  written  in  U.S.  Dollars.  We  may  return  a 
Convenience Check unpaid if:  
(a) the credit available under your Revolve Limit is less than the Convenience Check 
amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform to our 
regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you owe 
us or our affiliates.   

6. Paying and Stopping Payment on Convenience Checks: You must write to us or call 
to request that payment be stopped on a Convenience Check. You must call us promptly 
with an oral stop payment request and then provide us with a written confirmation of the 
stop payment request within 14 calendar days. Any written stop payment request we 
receive will remain in effect for 6 months, unless you renew the request in writing before 
the end of that time. We may pay Convenience Checks more than 6 months old. There 
may be circumstances under which a Convenience Check must be paid, even if we have 
received a stop payment request from you. We will not be liable to you if we do not honor 
your  stop  payment  request  under  those  circumstances.  If  it  is  determined  that  a 
Convenience Check should have been paid, but was not, we will not be liable for any 
consequential,  punitive  or  incidental  damages  if  we  acted  in  good  faith.  Our  only 
obligation under those circumstances will be to pay the designated payee the amount 
of the Convenience Check and cancel any charges assessed against your Account as 
a result of any wrongful failure to honor the Convenience Check.  

7. Balance Transfers: We may permit you to transfer balances and obligations that you 
owe other companies or financial institutions to your Account, subject to the terms and 
conditions disclosed in the Offer Materials (“Balance Transfers”). Balance Transfers will 
post to your Account and be separately reflected on monthly Account statements as a 
Balance Transfer, or, depending upon the offer, may post to the Account and be treated 
as a Purchase or an Advance.  We will, in connection with any Balance Transfer offer 
we make, provide you with materials that explain how the Balance Transfer will post to 
your Account and be reflected on monthly Account statements. You may not request 
Balance Transfers on existing obligations you owe us or our affiliates. If you request a 
Balance Transfer that would cause your Account to exceed its Revolve Limit, we may, 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
at our option, (a) post the entire Balance Transfer requested to your Account; (b) post 
only a portion of the Balance Transfer requested to your Account up to the amount of 
credit available under the Revolve Limit; or (c) refuse to process the entire amount of 
the Balance Transfer requested.   

8. Overdraft Protection: This section is part of the Agreement only if you have specifically 
requested and have obtained Overdraft Protection linking the Account with a designated 
checking account at a financial institution with which we are affiliated or with which we 
have a correspondent relationship. An “Overdraft Protection Advance” is an advance of 
funds to your designated checking account from this Account that will prevent overdrafts 
on your checking account.  You authorize us to make Overdraft Protection Advances 
from the Account as provided in this Agreement.  Any Overdraft Protection Advance will 
post and be disclosed as either a "Financial Institution Cash Advance" or an "Overdraft 
Protection Advance on your periodic statement, and will be subject to either a Financial 
Institution Cash Advance fee or an Overdraft Protection Advance fee, depending on how 
the Advance is processed.  An Overdraft Protection Advance will be made only once 
per  day,  and  will  be  made  in  the  amount  determined  by  your  financial  institution 
(regardless of the specific overdraft amount). Please verify the amount of the Overdraft 
Protection Advance with your financial institution.  We may cancel Overdraft Protection 
privileges under the Account, even if the Account remains open for other purposes.  

Note: For Young Adult Accounts, the  young adult’s name  and cosigner’s name  must 
both be named on the linked checking account in order to have Overdraft Protection. 

INTEREST CHARGES AND ACCOUNT FEES 

9.  Account  INTEREST  CHARGES:  INTEREST  CHARGES  reflect  the  cost  of  credit. 
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) 
periodic  rate  INTEREST  CHARGES  (sometimes  referred  to  as  "interest"  in  this 
Agreement and on monthly Account statements); (b) Advance Transaction Fees; and 
(c) any other transaction fees that are considered INTEREST CHARGES.  

10. Interest Rate:  In this Agreement, we have abbreviated the terms “daily periodic 
rate” as DPR, “average daily balance” as ADB, and “ANNUAL PERCENTAGE RATE” 
as APR.  
(a) Standard Interest Rates-  
Rate for "Purchases" and  "Balance Transfers": The DPR for transactions  posting as 
Purchases and Balance Transfers is equal to 1/365th of its corresponding APR. Rate 
for  "Advances":  The  DPR  and  corresponding  APR  for  transactions  posting  to  the 
Account as Advances is equal to 1/365th of its corresponding APR.  

(b) Variable APRs are calculated by adding a margin to the Index. Your Variable DPR 
is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR may 
increase or decrease from time to time according to the movements up or down of the 
Index, which is the Prime Rate published in the "Money Rates" section of the Midwest 
Edition of The Wall Street Journal on the last publication day before the date on which 
the billing cycle closed (in other words, the "statement date"). We reserve the right to 
choose a comparable new index if The Wall Street Journal ceases to publish a Prime 
Rate. The margin is the percentage we add  to the Index to calculate the  APR.  The 
current applied Index value for your  Account is 3.25%. Any variable rate adjustment 
based on a change to your margin will be effective as of the first day of the current billing 
cycle,  and  will  apply  to  all  new  Account  balances  and  transactions  subject  to  that 
variable rate. Any variable rate adjustment based on a  change to your Index will be 
effective as of the  first day of the  current billing cycle, and will apply to all new  and 
outstanding Account balances and transactions subject to that variable rate. An increase 
or  decrease  to  the  Index  or  margin  will  apply  to  Purchase,  Advance,  and  Balance 
Transfer balances and will result in an increase or decrease in the INTEREST CHARGE 
on the Account, an increase or decrease to your Minimum Payment, and an increase or 
decrease to your New Balance. 

Introductory and Promotional Rates: We may, at our option, offer you for a limited 
time  introductory or promotional interest rates for all or part of new Purchase, Advance, 
or Balance Transfers posted to your Account. We will tell you in the Offer Materials the 
introductory or promotional rate and the period of time during which that rate will be in 
effect and any conditions or requirements of the offer. Unless the Offer Materials state 
otherwise, an introductory or promotional rate will remain in effect until the last day of 
the billing cycle in which the introductory or promotional rate expires.  Any introductory 
or promotional rate that applies to new or outstanding Account balances will increase to 
the standard rate that would otherwise apply, or, when appropriate under the terms of 
this Agreement, a Penalty Rate due to an Adjustment Event (as indicated above).    

11. INTEREST CHARGE; Method of Computing Balance Subject to Interest Rate: We 
calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying 
the applicable DPR by the ADB (including new transactions) of the Purchase, Advance 
and  Balance  Transfer  categories  subject  to  interest,  and  then  adding  together  the 
resulting  interest  from  each  category.  We  determine  the  ADB  separately  for  the 
Purchases,  Advances  and  Balance  Transfer  categories.  To  get  the  ADB  in  each 
category, we add together the daily balances in those categories for the billing cycle and 
divide  the  result  by  the  number  of  days  in  the  billing  cycle.  We  determine  the  daily 
balances  each  day  by  taking  the  beginning  balance  of  those  Account  categories 
(including  any  billed  but  unpaid  interest,  fees,  credit  insurance  and  other  charges), 
adding any new interest, fees, and charges, and subtracting any payments or credits 
applied  against  your  Account  balances  that  day.  We  add  a  Purchase,  Advance  or 
Balance Transfer to the appropriate balances for those categories on the later of the 
transaction date or the first day of the statement period. Billed but unpaid interest on 
Purchases, Advances and Balance Transfers is added to the appropriate balances for 
those  categories  each  month  on  the  statement  date.  Billed  but  unpaid  Advance 
Transaction Fees are added to the Advance balance of your Account on the date they 
are charged to your Account.  Any billed but unpaid fees on Purchases, credit insurance 
charges, and other charges are added to the Purchase balance of the Account on the 
date they are charged to the Account. Billed but unpaid fees on Balance Transfers are 
added to the Balance Transfer balance of the Account on the date they are charged to 
the  Account.  In  other  words,  billed  and  unpaid  interest,  fees,  and  charges  will  be 
included in the ADB of your Account that accrues interest and will reduce the amount of 
credit available to you. To the extent credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees may be applied to your Account, such charges 
and/or fees are not included in the ADB calculation for Purchases until the first day of 
the billing cycle following the date the credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees (as applicable) are charged to the Account. Prior 
statement balances subject to an interest-free period that have been paid on or before 
the payment due date in the current billing cycle are not included in the ADB calculation. 
There  is  a  minimum  INTEREST  CHARGE  Fee  in  any  billing  cycle  in  which  an 
INTEREST  CHARGE  is  due.    As  described  above,  this  Agreement  provides  for  the 
compounding of interest on your Account. 

12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases provided 
you have paid your previous balance in full by the Payment Due Date shown on your 
monthly  Account  statement.  In  order  to  avoid  additional  INTEREST  CHARGES  on 
Purchases, you must pay your new balance in full by the Payment Due Date shown on 
the  front  of  your  monthly  Account  statement.  There  is  no  interest-free  period  for 
transactions  that  post  to  the  Account  as  Advances  or  Balance  Transfers  except  as 
provided in any Offer Materials. Those transactions are subject to interest from the date 
they post to the Account until the date they are paid in full.  

13. Advance Account Fees: You agree to pay the following Account fees and INTEREST 
CHARGES: 

(a)  We  may  add  an  Advance  Transaction  Fee  INTEREST  CHARGE  to  the 
Advance  balance of the Account for each Advance you obtain  during a billing 
cycle  in  addition  to  the  interest  that  accrues  on  Advances.  The  Advance 
Transaction Fee imposed will equal the greater of either a percentage of  each 
Advance or the minimum dollar amount, subject to the maximum dollar amount. 
(b) We may add a Balance Transfer Fee INTEREST CHARGE to the Purchase 
balance of the Account except where Offer Materials specify otherwise.      
(c)  We  may  add  a  Convenience  Check  Fee  INTEREST  CHARGE  to  the          
Advance balance of your Account except where Offer Materials specify otherwise. 
(d)  We  may  add  an  Overdraft  Fee  INTEREST  CHARGE  to  the  Advance                                                     
balance of your Account, except where Offer Materials specify otherwise. 

14. Account Fees: 

(a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE 
for each Promotional Discount you receive during the billing cycle, as outlined in 
any Offer Materials 
(b)  Annual  Membership  Fee.  Each  year,  the  Account  may  be  subject  to  your 
payment in advance of an Annual Membership Fee INTEREST CHARGE which 
will compensate us for  maintaining and servicing the Account for the following 
year. This fee will be charged to the Purchase balance of your Account. 
(c) We will add a Late Payment Fee to the Purchase balance of the Account if 
your Minimum Payment is not received by the Payment Due Date shown on the 
monthly Account statement.   
(d) There is no Overlimit Fee on your Account.  
(e) We may add a Returned Payment Fee to the Purchase balance of the Account 
if any payment on the Account is not honored or if we must return it to you because 
it cannot be processed. A check that is returned unpaid will be sent for collection.   

 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
(f) We will add a Duplicate Documentation Fee to the Purchase balance of the 
Account for each copy of a monthly statement, sales slip, refund slip, or Advance 
slip that you request. There will be no charge for documentation requests made 
in connection with a billing error notice, if our investigation indicates a billing error 
occurred. 
(g) We may add a service charge to the Purchase balance of the Account if you 
call us to make a payment on your Account and are assisted by a Cardmember 
Service  Representative  to  make  the  payment.  You  will  be  provided  with 
confirmation of the service charge before the payment transaction is authorized.  
(h) We may add a  Stop Payment Check Fee to the  Purchase balance of your 
Account if you request a stop payment on a Convenience Check.  (See "Paying 
and Stopping Payment on Convenience Checks" section above for more details.)            

In no circumstance will your Late Fee or Returned Payment Fee ever be greater 
than your Minimum Payment due.  

IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

15.  Credit  Limit:  There  is  no  predetermined  Credit  Limit  for  your  Account.  Individual 
transactions are authorized based on factors such as Account history, credit record, and 
payment resources. 
a. Revolve Limit: Your Revolve Limit (for Purchases, Advances and Balance Transfers) 
is the total dollars available to you to carry over, less the minimum monthly payment 
from billing cycle to billing cycle as a revolving line of credit.  Your initial Revolve Limit 
is  shown  on  the  Card  carrier.    We  reserve  the  right  to  periodically  re-evaluate  your 
Account and increase or decrease your Revolve Limit.  
b.   Extraordinary Purchases: If you are planning an out-of-pattern transaction or large 
ticket Purchase, you must inform us of the Purchase at least 2 business days prior, and 
no more than 60 days prior to the event via telephone. 

16.  Payment:  You  must  pay  us  in  U.S.  Dollars  with  checks  or  similar  payment 
instruments drawn on a financial institution located in the United States.  We will also 
accept  payment  in  U.S.  Dollars  via  the  Internet  or  phone  or  previously  established 
automatic payment transaction.  We may, at our option, choose to accept a payment 
drawn on a foreign financial institution.  However, you will be charged and agree to pay 
any collection fees required in connection with such a transaction.  The date you mail a 
payment  is  different  than  the  date  we  receive  that  payment.    For  purposes  of  this 
Agreement, the payment date is the day we receive your check or money order at the 
address  specified  on  your  monthly  Account  statement  or  the  day  we  receive  your 
electronic or phone payment.  If you mail your payment without a payment coupon or to 
an  incorrect  address,  it  may  result  in  a  delayed  credit  to  your  Account,  additional 
INTEREST CHARGES, fees, and possible suspension of your Account.  

17. Minimum Payment: Each month, you must pay at least the Minimum Payment and 
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly 
Account statement. You may, at your option, pay more than the Minimum Payment or 
pay the New Balance (as stated on your monthly Account statement) in full to reduce or 
avoid  the  INTEREST  CHARGE  for  the  Account.  Your  Minimum  Payment  will  be 
calculated  as follows: first we determine the "Base Minimum Payment", which is the 
greater of $30.00 or 1.00% of your New Balance up to the Revolve Limit not including 
items (1) and (2) below, which, if not a whole dollar amount, will be rounded to the next 
highest dollar. To the Base Minimum Payment, we may add one or more of the following 
items, as incurred on your Account: (1) any late, annual and/or any other Account related 
fee, (2) the INTEREST CHARGE, and (3)  if your Account is over the Revolve Limit, 
some or all of the balance amount over your Revolve Limit. If the resulting Minimum 
Payment is greater than $30.00, the total, if not a whole dollar amount, is then rounded 
to the next highest dollar not to exceed your New Balance. Any Minimum Payment or 
additional amount you pay each month will not prepay any future Minimum Payments 
required,  or  change  your  obligation  to  make  at  least  a  Minimum  Payment  by  the 
Payment Due Date. Any statement credit that results from a promotional offer or rewards 
redemption, if applicable, will only be applied to the Account balance and not satisfy any 
portion of the Minimum Payment requirements for this Account.    

18. Payment Application:  If we cannot collect on your check or other payment item you 
send us to pay on your Account, we may post as an Advance transaction an amount 
equal to the credit previously given to you for such check or payment item and we may 
charge interest on this amount from the date your Account originally was credited for the 
payment. After a payment has been made, we reserve the right to withhold available 
credit in the amount of the payment for 7 business days. Any credit available before the 
payment is made will continue to be available for use during this time. 

19. Skip Payment Option: We may, at our option, occasionally offer you an opportunity 
to skip your obligation to make the Minimum Payment due. You may not skip payments 
unless we make this offer to you.  If we offer you an opportunity to skip a payment more 
than once in a 12 month period, you will not be permitted to skip payments required in 
consecutive  months.  You  cannot  accept  a  skip  payment  offer  if  your  Account  is 
delinquent,  or  is  in  Default.  When  you  take  advantage  of  a  skip  payment  offer,  the 
interest will continue to accrue on the entire unpaid balance of your Account.  

20.  Change  of  Address:  Your  monthly  Account  statements  and  notices  about  your 
Account will be sent to the address you provided in your application or your response to 
our Account solicitation. To change your address, you must call us or write to us. We 
must receive this information 21 days before the date a billing cycle closes to provide 
your monthly Account statement at your new address.  If you have an address change 
within  45  days  of  the  expiration  date  of  your  Card(s),  please  contact  Cardmember 
Service with your new address so your new Card(s) can be mailed to your new address. 
We may also update your address in our records without a request from you if we receive 
an address change notice from the U.S. Postal Service or if we receive updated address 
information from our mail services vendor. 

21. Authorized Users: You agree not to allow access to your Card, Account number, 
Convenience Checks, or personal identification number (PIN) to anyone else to use your 
Account, except by asking us to issue a card to grant Account access to another person.  
If you allow access to your Card or Account information, you will be liable for any charges 
made by that person, unless and except as expressly required by applicable law.  You 
agree to be responsible for all Account transactions made by a Cardmember, or anyone 
who you have authorized by (a) asking us to issue a Card to grant Account access to 
another person; (b) lending your Card to or allowing Account access by another person; 
or (c) any other way in which you would be legally considered to have allowed another 
person to use your Account or to be legally prevented from denying that you did so.  Be 
cautious when allowing another person to become an authorized user of your Account; 
once you allow authority to any authorized user you cannot limit that authority unless 
the Account is closed to future transactions.  You, as a primary or joint Cardmember 
must call or write us with any request to cancel and remove a person’s authority. We will 
not  provide  any  Account  information  to  anyone  other  than  you  and  any  Authorized 
Users.  Authorized Users have no right to make any Account changes or inquiries. 

22.  Lost  or  Stolen  Card  or  Other  Information:  You  must  notify  us  immediately  by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen or there 
is possible unauthorized use of your Card, Account, or PIN. You will not be liable for 
unauthorized use of your Account.  If this happens, we will ask you and all other persons 
given Account access to return all Cards and unused Convenience Checks to us. In 
addition, we have the right to close your Account and open a new Account. If we do so, 
new Cards will be issued.  If requested, we may issue a new PIN and new Convenience 
Checks for your new Account. 

23.  Using Your Card for International Transactions:  
You  may  use  your  Card  for  retail  Purchases  at  foreign  merchants  and  for  cash 
withdrawals  from  foreign  ATMs.  Some  merchant  and  ATM  transactions,  even  if  you 
and/or the merchant or ATM are located in the United States, are considered foreign 
transactions  under  the  applicable  rules,  in  which  case  we  will  add  the  Foreign 
Transaction Fee INTEREST CHARGE described in this section to those transactions. 
We do not control how these merchants, ATMs, and transactions are classified for this 
purpose. The exchange rate in effect when the transaction is processed may differ from 
the  rate  in  effect  on  the  date  of  the  transaction  or  the  date  of  the  posting  of  the 
transaction to your Account.  

If you use your Card at a merchant or an ATM that bears the Visa logo (and no PLUS 
System logo), the transaction  will be  processed through the Visa system and will be 
converted to U.S. Dollars according to the applicable rules established by Visa from time 
to time. Currently, the currency conversion rate used by Visa to determine the foreign 
currency transaction amount in U.S. Dollars is determined by multiplying the amount of 
the foreign currency transaction times (a) a rate selected by Visa from the range of rates 
available  in  wholesale  currency  markets  for  the  applicable  central  processing  date, 
which rate may vary from the rate Visa itself receives, or (b) the government-mandated 
rate in effect for the applicable central processing date. If your foreign transaction is in 
foreign currency prior to being processed by Visa, we will add a Foreign Transaction 
Fee INTEREST CHARGE of up to 3.00% of the Purchase or ATM transaction. If your 
foreign transaction is in or converted to U.S. Dollars prior to being processed by Visa, 
we  will  add  a  Foreign  Transaction  Fee  INTEREST  CHARGE  of  up  to  3.00%  of  the 
Purchase or ATM transaction. If you use your Card at an ATM that bears only the PLUS 
System logo (and no Visa logo), the transaction will be processed through the PLUS 
System and will be converted into U.S. Dollars at the exchange rate established, from 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
time to time, by the operator of that ATM. To the converted transaction we will not add 
a Foreign Transaction Fee INTEREST CHARGE.  If you use your Card at an ATM that 
bears both the Visa and PLUS System logos, the ATM operator will determine whether 
to send your transaction over the Visa or PLUS System network using such network's 
respective currency conversion rules then in effect (as explained above).    

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

24. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance 
Transfers, INTEREST CHARGES, Account Fees and charges,  any other transaction 
charges as provided in this Agreement and, to the extent permitted under applicable 
law, attorneys fees and collection costs we incur enforcing this Agreement against you. 
This is the case even if your Account is only used by one of you, or is used by someone 
authorized by only one of you. If there is more than one Cardmember, each of you is 
responsible, together and separately, for the full amount owed on your Account. Your 
obligation to pay the Account balance continues even though an agreement, divorce 
decree,  court  judgment,  or  other  document  to  which  we  are  not  a  party  may  direct 
another person responsible to pay the Account.   

25. Intent to Repay: Every time you use your Account, you represent to us that you 
intend  to  and  have  the  ability  to  repay  your  Account  obligations.  We  rely  on  this 
representation every time you use your Account. 

26. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement 
with  us  about  any  amount  you  owe  by  sending  a  check  on  which  you  have  written 
"Payment in Full" or  similar language, you  must send us a written explanation  of the 
disagreement or dispute and any such check to Cardmember Service. (See Your Billing 
Rights section below for complete details.) This address is different than the address 
you use to make Account payments. Writing “Payment in Full” or similar language on 
the check will not be enough to resolve the dispute. If we collect a check or any payment 
instrument marked “Payment in Full” that you sent to an address other than the  one 
provided in this section (such as the address at which you normally make payments), 
we will not have waived our right to collect any remaining amount you owe us under the 
terms of your Account. 

27. Default: You and your Account will be in Default if:  

(a) we do not receive the Minimum Payment by the Payment Due Date disclosed 
on the monthly Account statement; 
(b) you violate any other provision of this Agreement;  
(c) you die without a surviving joint Cardmember; 
(d)  you  become  insolvent,  assign  any  property  to  your  creditors,  or  go  into 
bankruptcy or receivership; 
(e)  you  have  made  false  statements  on  your  Account  application  or  in  the 
maintenance of your Account; 
(f) we have any reason to believe that your Account is in danger of, or is being 
used for fraud; 
(g) you are a married community property state resident and you or we receive a 
written termination notice of this Agreement from your spouse;  
(h) your Account becomes inactive;   
(i) anything happens that we believe in good faith materially increases the risk that 
you will not live up to your payment and other obligations under this Agreement; 
or 
(j)  this  is  a  joint  Account  and  one  of  you  notifies  us  that  he  or  she  wants  the 
Account closed or will no longer be liable on the Account. 

 You and your Account may also be in Default if you make transactions which go over 
your Revolve Limit.  

28. Illegal Purchases: You agree that you will not use or permit an Authorized User to 
use the Card or Account for any unlawful purpose, such as funding any account that is 
set up to facilitate online gambling.  

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

29. Ownership of this Account: Your Card and any other Account access devices that 
we  supply  to  you  are  our  property  and  must  be  immediately  returned  to  us  or  our 
designated agent or otherwise destroyed or surrendered as we instruct.  

30. Changes to your Account: Account and Agreement terms are not guaranteed for any 
period of time; we may change the terms of your Agreement, including APRs and fees, 
in accordance with applicable law and the terms of your Agreement. Your transactional 
experience with us may also cause a change, including an increase in the margin that 

is added to the Index, an increase in fees, or a decrease in the Revolve Limit. Factors 
considered in determining the increased rate or Revolve Limit decrease may include 
your general credit profile, existence, seriousness and timing of the defaults under any 
agreement  that  you  have  with  us,  and  other  indications  of  the  Account  usage  and 
performance. We will give you notice of any such change in the manner required by law. 
Revised Account terms apply as of the effective date communicated in our notice to you 
unless the notice provides you with the right to opt out, and you do opt out, before the 
effective date.   

31. Cancellation of Your Account: We may cancel your Account or suspend your ability 
to obtain Account credit immediately, without notice, if your Account is in Default. Even  
if you are not in Default, we may cancel your Account by providing notice to you. You 
may cancel your Account by notifying us by telephone or in writing. If you have a secured 
Account, your termination request must be made in writing.  If this is a joint Account, we 
will  honor  a  request  by  either  of  you  to  cancel  the  Account.  After  the  Account  is 
cancelled, you will not be able to obtain additional Account credit, except that, (a) the 
Account  may  continue  to  receive  recurring  charges  for  items  and  services  until  you 
contact and cancel delivery with the company providing the item or service, or (b) under 
certain circumstances if you use your Account for a transaction, the transaction may be 
posted to your Account.  After your Account is cancelled, all amounts outstanding on 
your Account will be due and payable without notice or demand from us. You must cut 
all Cards and Convenience Checks in half and return them to us.  If you do not pay the 
amount  you  owe  under  this  Agreement,  you  will  be  liable  for  our  collection  costs 
including  our  reasonable  attorney  fees  and  expenses  of  legal  actions,  to  the  extent 
permitted by applicable law. 

32. Assignment of Your Account to Another Creditor: We may assign, sell or transfer 
your Account and amounts owed by you to another creditor at any time. If we do, this 
Agreement will still be in effect unless and until amended, and any references made in 
this Agreement to “we”, “us”, or “our” will refer to the creditor to which we assigned, sold 
or transferred your Account or amounts owed under your Account. You may not delegate 
your obligations and responsibilities to us to any third party without our express written 
consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

33.  Collecting  Credit  Information  about  You:  You  authorize  us  to  make  any  credit, 
employment and investigative inquiries we feel are appropriate related to giving you 
credit or collecting amounts owed on your Account. You agree that a consumer credit 
report may be requested periodically from  one or more consumer reporting agencies 
(“Credit Bureaus”) and used in connection with your application and any update, renewal 
or extension of credit. We will provide information about you, your Account or your credit 
history to Credit Bureaus and others who may properly receive that information. 

34.  Credit  Bureau  Disputes:  If  you  believe  we  inaccurately  reported  credit  history 
information  about  you  or  your  Account  to  a  Credit  Bureau,  write  to  the  Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166-9801.  

35.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy Pledge 
was included with your original Agreement.  We also keep copies of our Privacy Pledge 
in financial institution offices and post it on our web site.  Our Privacy Pledge describes 
how we collect, protect and use confidential financial and other information about you 
and the circumstances in which we might share information about you with members of 
our corporate family and with unaffiliated third parties. Our Privacy Pledge also tells you 
how you can (a) limit the ways we share certain kinds of information about you and (b) 
request corrections to the information we maintain about you. 

36. Refusal to Honor Transactions: We and our agents are not responsible if anyone 
refuses to honor your Card or a Convenience Check, or if authorization for a particular 
transaction is not given. Although you may have credit available under your Account, 
we  may  be  unable  to  authorize  credit  for  a  particular  transaction.  The  number  of 
transactions you make in one day may be limited, and the limit per day may vary. These 
restrictions are for security reasons and as a result we cannot explain the details of how 
this system works. If your Account is over the Revolve Limit or delinquent, authorization 
of  credit  for  transactions  may  be  declined.  We  are  not  responsible  for  anything 
purchased with your Card or a Convenience Check, except as expressly required by 
applicable law (see Your Billing Rights section below for more details). You must return 
goods you purchased with the Card or Account to the merchant and not to us.  

37 . Third Party Offers: From time to time, third parties may provide you with benefits 
not  related  to  the  extension  of  Account  credit.  We  are  not  liable  for  these  features, 
services  and  enhancements,  as  they  are  the  sole  responsibility  of  the  third  party 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
provider.  We  and/or  a  third  party  may  add,  change  or  delete  entirely  these  benefits 
without notice or liability to you, to the extent permitted by applicable law. You agree to 
hold us harmless from any claims, actions or damages resulting from your use of any of 
these features, services or enhancements, where permitted by applicable law. 

38. Monitoring and Recording Communications: You understand and agree that we, and 
anyone acting on our behalf, may monitor and/or record any communications between 
you, or anyone acting on your behalf, and us, or anyone acting on our behalf, for quality 
control  and  other  purposes.    You  also  understand  and  agree  that  this  monitoring  or 
recording may be done without any further notice to you or anyone acting on your behalf.  
The communications that may be monitored or recorded include telephone calls, cellular 
or mobile phone calls, and any other communications in any form.    

39. Severability: If a  court of competent  jurisdiction finds any part  of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in effect as 
written after any such illegal or unenforceable portion is amended in conformance with 
applicable law or, if necessary, voided.  

40.  Entire  Agreement:  This  version  of  the  web  Agreement  replaces  any  previous 
versions of the web Agreement. The Agreement, as modified by any change in terms 
we may deliver from time to time in accordance with applicable law, constitutes the entire 
agreement between you and us, and supersedes any prior negotiation, agreement, or 
understanding between you and us concerning the subject matter of the Agreement.  

41. Waiver: We do not give up our rights under the Agreement or applicable law when 
we fail to exercise or delay exercising those rights. Our failure or delay to exercise any 
right or remedy we have against you does not mean that we waive that right. 

42. Mobile Authentication:  To help us verify your identity, you authorize your wireless 
operator (AT&T, Sprint, T-Mobile®, US Cellular®, Verizon, or any other branded 
wireless operator) to use your mobile number, name, address, email, network status, 
customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) 
and other subscriber status details, if available, to allow us to verify your identity, and 
to compare information you have provided to us with your wireless operator account 
profile information for the duration of our relationship.  See our Privacy Pledge for 
more information of how we treat your data. 

 43.  CELLULAR PHONE CONTACT POLICY:   By providing us with a telephone 
number for a cellular phone or other wireless device, including a number that 
you later convert to a cellular number, you are expressly consenting to receiving 
communications—including but not limited to prerecorded or artificial voice 
message calls, text messages, and calls made by an automatic telephone dialing 
system—from us and our affiliates and agents at that number. This express 
consent applies to each such telephone number that you provide to us now or in 
the future and permits such calls for non-marketing purposes. Calls and 
messages may incur access fees from your cellular provider.  You understand 
and agree that, if your Account has been assigned, sold, or transferred to us, 
we, as the successor-in-interest, and our affiliates and agents, have your prior 
express consent to call you using prerecorded or artificial voice message calls, 
text messages, or an automatic telephone dialing system at any telephone 
number(s) you may have provided to any previous creditor(s), or which may 
have otherwise been associated with your Account prior to its assignment, 
transfer, or sale to us. 

44.  Arbitration Provision: 
RESOLUTION OF DISPUTES BY ARBITRATION 
PLEASE READ THIS PROVISION CAREFULLY.  UNDER THIS PROVISION, YOU 
WAIVE YOUR RIGHTS TO TRY ANY COVERED CLAIM IN COURT BEFORE A 
JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER 
REPRESENTATIVE ACTION.   
The following provision applies to any claim, cause of action, proceeding, or any other 
dispute between you, on the one hand, and us, our respective parents, subsidiaries, 
affiliates, agents, employees, predecessors-in-interest, personal representatives, heirs 
and/or successors, and assigns, on the other hand (each a “Claim” as further defined 
under the heading “Claims Covered by Arbitration”), including all questions of law or 
fact related thereto.  
Agreement to Arbitrate 
Either you or we may elect in writing, and without the consent of the other, to arbitrate 
all Claims covered by this provision. 
Claims Covered By Arbitration 
Claims subject to our agreement to arbitrate shall include all of the following: (1) 
Claims related to or arising out of this Agreement, or any prior or later versions of this 

Agreement as well as any changes to the terms of this Agreement; (2) Claims related 
to or arising out of any aspect of any relationship between us that is governed by this 
Agreement, whether based in contract, tort, statute, regulation, or any other legal 
theory; and (3) Claims that relate to the construction, scope, applicability, or 
enforceability of this arbitration provision.  Claims include Claims that arose before we 
entered into this Agreement (such as Claims related to advertising) and after 
termination of this Agreement. 
Claims Not Covered By Arbitration 
Claims subject to our agreement to arbitrate shall not include (1) any Claim you file in 
a small claims court, so long as the Claim remains in such court and advances only an 
individual claim for relief, and (2) Claims asserted by way of a cross claim, 
counterclaim or any similar device against a party who has initiated a proceeding in 
court or other non-arbitral forum by any other party to that proceeding.   
Commencing an Arbitration 
The party initiating arbitration must choose one of the following arbitration forums to 
administer the arbitration: 

• 

• 

The American Arbitration Association (“AAA”) under AAA’s Consumer 
Arbitration Rules, except as modified by this Agreement.  AAA’s Rules 
may be obtained from www.adr.org or 1-800-778-7879 (toll-free).   
JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration Rules 
& Procedures or Streamlined Arbitration Rules & Procedures, including 
JAMS’ Consumer Minimum Standards, except as modified by this 
Agreement.  JAMS’ Class Action Procedures shall not apply.  JAMS’ rules 
may be obtained from www.jamsadr.com or 1-800-352-5267 (toll free). 

If the chosen arbitration forum is for any reason unable to serve, then the parties may 
agree to a comparable substitute organization.  If the parties are unable to agree, then 
a court of competent jurisdiction shall appoint a substitute organization.   
Arbitration Procedure 
The arbitration shall be decided by a single neutral arbitrator selected in accordance 
with AAA’s or JAMS’ rules, as applicable.  The arbitrator will decide the dispute in 
accordance with the terms of our Agreement and applicable substantive law, including 
the Federal Arbitration Act and applicable statutes of limitation.  The arbitrator shall 
honor claims of privilege recognized at law.  The arbitrator may award damages or 
other relief (including injunctive relief) available to the individual claimant under 
applicable law.  The arbitrator will not have the authority to award relief to, or against, 
any person or entity who is not a party to the arbitration.  The arbitrator will take 
reasonable steps to protect customer account information and other proprietary or 
confidential information.  Any arbitration hearing shall take place in the federal judicial 
district that includes your home address, unless you and we agree in writing to a 
different location or the arbitrator so orders.  If all Claims are for $10,000 or less, you 
may choose whether the arbitration will be conducted solely on the basis of documents 
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in 
accordance with AAA’s or JAMS’ rules. 
At your or our request, the arbitrator will issue a reasoned written decision sufficient to 
explain the essential findings and conclusions on which the award is based.  The 
arbitrator’s award shall be final and binding, subject to judicial review only to the extent 
allowed under the Federal Arbitration Act.  You or we may seek to have the award 
vacated or confirmed and entered as a judgment in any court having jurisdiction. 
No Class Action or Joinder of Parties 
You and we agree that no class action, private attorney general, or other 
representative claims may be pursued in arbitration, nor may such action be pursued 
in court if either you or we elect arbitration.  Unless mutually agreed to by you and us, 
Claims of two or more persons may not be joined, consolidated, or otherwise brought 
together in the same arbitration (unless those persons are joint account owners or 
beneficiaries on your account and/or related accounts, or parties to a single 
transaction or related transaction).  If this specific paragraph is determined by the 
arbitrator to be unenforceable, then this entire provision shall be null and void.   
Arbitration Costs 
Unless the applicable arbitration rules at the time of filing a Claim are more favorable 
to you, we will advance (i) all arbitration costs in an arbitration that we commence, and 
(ii) the first $2,500 in arbitration filing, administration, and arbitrator’s fees in an 
arbitration that you commence.  To the extent allowed by applicable law and our 
agreements, the arbitrator may award arbitration costs and attorneys’ fees to the 
prevailing party. 
Applicable Law 
You and we agree that you and we are participating in transactions that involve 
interstate commerce and that this provision and any resulting arbitration are governed 
by the Federal Arbitration Act.  To the extent state law applies, the laws of the state 
governing your account relationship apply.  No state statute pertaining to arbitration 
shall apply.  This Arbitration Provision shall not apply to a party who is a covered 
borrower under the Military Lending Act. 

 
 
 
 
 
 
 
 
 
 
 
Severability 
Except as this provision otherwise provides, if any part of this provision is deemed to 
be invalid or unenforceable by the arbitrator, that part will be severed from the 
remainder of this provision and the remainder of this provision will be enforced. 

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, call or write to us. 

In your letter or call, give us the following information: 
•  Account information: Your name and 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 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 
1.  Within 30 days of receiving your letter or call, we must tell you that we received 

your letter.  We will also tell you if we have already corrected the error. 

2.  Within 90 days of receiving your letter or call, 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 Revolve 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 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 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 
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. (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. 

2. 

3. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact 
us in  writing. 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. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES  MADE  WITH  CONVENIENCE  CHECKS  OR  BALANCE  TRANSFER 
CHECKS. 

z16-ELAN FIDELITY