FIRST NIAGARA CREDIT CARD AGREEMENT 
(RETAIL INSTALMENT CREDIT AGREEMENT) 

SECTION  11  OF  THIS  AGREEMENT  IS  AN  ARBITRATION  PROVISION.  UNLESS  YOU 
HAVE  REJECTED  OR  PROMPTLY  REJECT  THE  ARBITRATION  PROVISION  (SEE 
SECTION 11(n)), THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT 
ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING 
OR PARTICIPATE IN ANY CLASS PROCEEDING. 

1.  General;  Certain  Definitions;  Rate  and  Fee  Disclosures.  This  Agreement  governs  the  terms  of  your 
Credit  Card  (“Card”)  and  Credit  Card  Account  (“Account”)  from  First  Niagara  Bank,  N.A.,  a  national 
bank  headquartered  in  New  York  (the  “Bank”).  As  used  in  this  Agreement,  the  words  “we,”  “us”  and 
“our” mean the Bank, the Bank’s successors and assigns, and, for purposes of the Arbitration Provision 
(Section 11), the other persons identified in the Arbitration Provision. “Our Notice Address” means P.O. 
Box 928, Lockport, NY 14095-0928, or such other address as we subsequently specify by notice to you. 
The words “you,” “your,” “yours” and “Cardholder” mean each and every person liable as a holder of the 
Card.  

We  have  previously  provided  or  are  currently  providing  you  with  certain  “Rate  and  Fee  Disclosures,” 
which are a part of this Agreement. Most of the Rate and Fee Disclosures were or are in the form of a 
chart  meeting  the  requirements  of  the  Federal  Truth  in  Lending  Act  (“TILA”)  and  Regulation  Z  under 
TILA.  The  Rate  and  Fee  Disclosures  include  information  about  the  interest  rate  on  your  Account, 
including  the  Index  and  Margin  for  determining  the  interest  rate  and  a  current  or  recent  Annual 
Percentage Rate (“APR”) and Daily Periodic Rate as of a specified time. They also include information 
about certain fees we charge, as referenced in Section 6(a). For Cardholders who, prior to May 18, 2012, 
had  a  credit  card  and  account  replaced  by  a  Card  and  Account  under  this  Agreement  (“Initial 
Cardholders”), the Rate and Fee Disclosures have been supplemented over time by one or more Change 
in Terms Notices, including a Change in Terms Notice delivered in the Spring of 2012 (the “2012 Spring 
Notice”). All such Change in Terms Notices are part of the Rate and Fee Disclosures (and, hence, are part 
of this Agreement). For Cardholders who are not Initial Cardholders, the Rate and Fee Disclosures may 
be provided in or with a Card carrier (the “Card Carrier”), which is also part of this Agreement. At any 
time, you can obtain a copy of your entire Agreement, without charge, including updated Rate and Fee 
Disclosures,  as  amended,  by  writing  us  at  Our  Notice  Address,  calling  us  toll-free  at  800-626-0900  or 
otherwise  contacting  us  using  the  Customer  Service  contact  information  shown  on  the  front  of  your 
monthly statements.  

For Initial Cardholders, this Agreement is dated and is effective on May 18, 2012. For other Cardholders, 
this Agreement is dated and effective on the date you first use your Card or your Account. The effective 
date  of  this  Agreement  is  the  “Effective  Date.”  You  should  retain  and  carefully  review  the  entire 
Agreement and should sign your Card before using it. When you use your Account (or sign or keep the 
Card) you agree to and are bound by the terms and conditions of this Agreement. 

2.  Purchases,  Cash  Advances  and  Balance  Transfers.  You  may  use  your  Account  to  purchase  or  lease 
goods or services (each such transaction, a “Purchase”) by presenting your Card or providing your Card 
number  and  additional  information  to  participating  merchants  and  establishments  that  honor  the  Card. 
You may also receive “Cash Advances” on your Account: (a) to obtain cash or cash-like equivalents (for 
example,  money  orders,  traveler’s  checks,  stamps  or  other  instruments  convertible  into  cash)  from  any 
bank or other person that accepts the Card for such purpose; (b) to make a withdrawal of cash from an 
automated  teller  machine  (“ATM”);  (c)  to  make  a  person-to-person  transfer  conducted  through  the 

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Internet or otherwise (unless we tell you we will treat the transfer as a Purchase); (d) to transfer funds into 
a  deposit  account  you  have  with  us,  including  for  at  least  some  Cardholders  and  deposit  accounts, 
automatic  fund  transfers  to  cover  overdrafts  that  would  otherwise  occur  on  the  deposit  account  (an 
“Account Transfer”); (e) to cash or make a payment using any check we provide to access the Account (a 
“Convenience Check”); and/or (f) to obtain a “Balance Transfer” by using other procedures we establish 
for  making  a  Balance  Transfer.  For  all  purposes  of  this  Agreement,  and  no  matter  how  they  are 
implemented,  Balance  Transfers  and  Account  Transfers  are  treated  as  Cash  Advances.  Purchases  and 
Cash  Advances  (including  Account  Transfers  and  Balance  Transfers)  are  collectively  referred  to  as 
“Transactions.”  We  will  not  be  liable  to  you  (or  anyone  else)  if  any  ATM,  merchant  or  other  person 
cannot or will not process a Transaction permitted under this Agreement. Unless prohibited by applicable 
law, we may from time to time limit the type, number and dollar amount of any Transaction, even if you 
have sufficient available credit to complete the Transaction, and may terminate or suspend your use of the 
Card or the Account, with or without notice to you before or at the time we take such action. You agree 
not  to  post-date  any  Convenience  Check  or  attempt  to  stop  payment  on  any  Convenience  Check.  You 
further agree that we may  honor any Convenience Check regardless of whether you have post-dated or 
attempted to stop payment on the Convenience Check. 

3.  Prohibited  Uses  of  Account;  Authorized  Users.  You  agree  that  you  will  only  use  the  Account  for 
personal,  family  and  household  purposes  and  will  not  use  the  Account  for  any  unlawful  purpose,  to 
engage in or facilitate internet gambling, to buy “margin stock” or to pay any amount owed to us. You 
further  agree  not  to  use  the  Account  to  conduct  Transactions  in  any  country  or  territory  or  with  any 
individual  or  entity  that  is  subject  to  economic  sanctions  administered  and  enforced  by  the  U.S. 
Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). However, if you do engage in 
Transactions in violation of this paragraph, you will still be liable to us with respect to such Transactions. 
If  you  authorize  or  allow  any  other  person  to  use  your  Account  (an  “Authorized  User”),  to  the  extent 
permitted  by  applicable  law  such  authorization  will  be  deemed  to  extend  to  all  Transactions  by  such 
Authorized User, even if not intended by you, and will continue until you have taken all steps necessary 
to  prevent  any  further  use  of  the  Account  by  such  Authorized  User  and/or  have  advised  us  that  such 
Authorized User is no longer authorized to use the Account. If you voluntarily provide your Card and/or 
any related Personal Identification Number (PIN) to any other person, that person is an Authorized User. 

4. Credit Limit; Transaction Limits. You may engage in repeated Transactions under the Account, and the 
amount  of  credit  available  to  you  will  generally  be  replenished  to  the  extent  that  you  repay  any 
outstanding  balance. The  “Credit  Limit” equals  the total  amount  you  are  permitted  to  have  outstanding 
under the Account at any time. We may establish at any time a separate credit limit (the “Cash Advances 
Credit Limit”) on the total outstanding balance of Cash Advances. The Credit Limit and Cash Advances 
Credit Limit are disclosed on your Card Carrier, and the Credit Limit will also be shown each month on 
your monthly statement. You agree not to engage in any Transaction if the outstanding balance of your 
Account is in excess of the Credit Limit or would exceed the Credit Limit after the Transaction or if the 
outstanding balance of Cash Advances on your Account is in excess of the Cash Advances Credit Limit 
or  would  exceed  the  Cash  Advances  Credit  Limit  after  the  Transaction.  You  agree  that  we  are  not 
required to honor any such Transaction. However, if you engage in such a Transaction and we honor such 
a  Transaction,  you  agree  to  pay  all  amounts  exceeding  the  Credit  Limit  (and  the  amount  of  all  Cash 
Advances  exceeding  the  Cash  Advances  Credit  Limit)  immediately  upon  our  demand.  IMPORTANT 
CREDIT  AVAILABILITY  INFORMATION:  When  you  make  a  payment,  we  may  delay  making  the 
payment  amount  available  to  re-borrow  for  a  period  of  up  to  7  business  days.  We  may  decrease  your 
Credit  Limit  and/or  Cash Advances  Credit  Limit,  suspend  or  terminate  your  credit  privileges,  limit  the 
number or dollar amount of Transactions that can be charged to your Account or close your Account at 
any time, with or without prior notice, subject to any limitations under applicable law. We will promptly 
notify  you  in  writing  if  we  take  any  such  action.  We  may  increase  your  Credit  Limit  and/or  Cash 
Advances Credit Limit at any time or from time to time, whether or not you request an increase, provided 

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that  any  increase  will  be  subject  to  our  underwriting  approval  in  our  absolute  discretion.  You  agree  to 
provide us from time to time with any financial or other information we reasonably request to determine 
your appropriate Credit Limit and/or Cash Advances Credit Limit. 

5. Interest Charges. 
(a) General; Minimum Interest Charges. Each billing cycle, we separately determine the interest charges 
on standard Purchases, standard Cash Advances and each separate kind of promotional Transaction. For 
each such “Balance Type,” we determine interest charges each billing cycle by multiplying the Balance 
Subject to Interest Rate for such Balance Type by the Daily Periodic Rate for such Balance Type and by 
then multiplying the result by the number of days in the billing cycle. For each Balance Type, the Balance 
Subject to Interest Rate is the average daily balance (including new Transactions), as calculated pursuant 
to  Section  5(c)  below.  To  get  the  total  interest  charges  each  billing  cycle,  we  add  together  the  interest 
charges for all Balance Types. However, if there are any interest charges in a billing cycle, the minimum 
interest  charge  equals  $0.50  or,  if  less,  any  minimum  interest  charge  set  forth  in  the  Rate  and  Fee 
Disclosures. (If there is no reference to a minimum interest charge in the Rate and Fee Disclosures, there 
will be no minimum interest charge.)  

(b)  Interest  Rates.  (i)  In  connection  with  a  special  promotion,  we  may  charge  a  fixed  rate  of  interest 
(which could be as low as a 0% Annual Percentage Rate (“APR”)), and we may charge interest based on 
an index of our choice. For Initial Cardholders who exercised a right set forth in their 2012 Spring Notice 
to reject a change in interest rates, we charge a 0% APR on all balances that were outstanding as of the 
end of the final billing cycle that began prior to the Effective Date. Otherwise, all interest rates may vary 
based on the “Prime Rate,” as defined below, plus a margin. The Daily Periodic Rate will equal the APR 
divided by 365. 

(ii) For each billing cycle, the “Prime Rate” is determined as of the first day of the calendar month ended 
before the beginning of the billing cycle (the “Determination Date”). The “Prime Rate” is the highest U.S. 
Prime Rate published in the “Money Rates” section of The Wall Street Journal on the Determination Date 
(or if  The Wall Street Journal  does not publish such rate on such day, the previous day it does publish 
such rate). (If The Wall Street Journal stops publishing the U.S. Prime Rate in its “Money Rates” section, 
then we may substitute another index and margin, in our sole discretion, subject to any notice and other 
requirements of applicable law.) Each billing cycle, the APR for each Balance Type will equal the Prime 
Rate as of the most recent Determination Date plus the applicable margin set forth in your Rate and Fee 
Disclosures.  However,  we  will  not  increase  the  APR  for  any  billing  cycle  if  we  have  increased  or 
decreased the APR within three months prior to the beginning of such billing cycle. For example, if we 
increase or decrease your APR for a billing cycle beginning July 1 in a given year, we will not increase 
your APR for any billing cycle beginning prior to October 1 of the same year. 

(iii) If and when the APR for a Balance Type increases, more interest charges will accrue and more of 
each  payment  will be  applied to interest charges  and  less  to  principal. This  will  result in  higher  and/or 
more payments if you make the minimum required payment (the “Minimum Payment Due”) each month. 
If and when the APR decreases, less interest charges will accrue and less of each payment will be applied 
to interest charges and more to principal. This will result in lower and/or fewer payments if you pay the 
Minimum Payment Due each month. 

(c)  Balance  Subject to  Interest  Rate;  Grace  Period  on  Purchases.  For  each  Balance Type,  the  Balance 
Subject to Interest Rate is the total of the closing daily balances for such Balance Type for all the days in 
the  billing  cycle  (we  treat  any  negative  balance  as  $0),  divided  by  the  number  of  days  in  such  cycle. 
Normally, the closing daily balance for each Balance Type equals the balance at the beginning of the day, 
plus any new Transactions of such type and less any payments or credits applied to such Transactions. 

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However, this is subject to certain adjustments: (i) At the beginning of each billing cycle, we add to the 
Cash  Advances  balance  any  interest  on  Cash  Advances  and  Cash  Advance  Fees  from  the  prior  billing 
cycle, and we add to the Purchases balance any interest on Purchases and any other fees from the prior 
billing  cycle  not  yet  added  to  the  Purchases  balances.  This  results  in  the  monthly  compounding  of 
interest. (ii) When a promotional period for a particular promotion ends, as of the beginning of the next 
billing  cycle  we  will  transfer  the  remaining  promotional  balance  to  the  regular  Purchases  balance  or 
regular Cash Advances balance, as applicable. (iii) If your Account balance is $0 at the beginning of a 
billing  cycle  or  you  pay  the  entire  Account  balance  as  of  the  beginning  of  the  billing  cycle  by  the 
Payment Due Date that falls in such billing cycle, the billing cycle is a “grace period” and your Balance 
Subject to Interest Rate on Purchases and your interest charge on Purchases for the billing cycle are both 
$0. (iv) If the billing cycle is not a grace period but immediately follows a grace period, all payments and 
credits  that  are  made  by  the  Payment  Due  Date  and  are  applied  to  Purchases  will  first  be  applied  to 
Purchases from prior billing cycles as of the first day of the billing cycle and will then be applied to prior 
Purchases in the current billing cycle as of the day of such Purchases (and will not be applied as of the 
day such payments or credits were actually made or posted). (v) If you get a grace period on Purchases for 
a billing cycle on account of a payment check that is dishonored in the next billing cycle or a credit that is 
reversed in the next billing cycle due to the resolution of a billing dispute, we will charge you as of the 
beginning of the next billing cycle the interest charges you avoided in the prior billing cycle due to the 
dishonored or reversed payment or credit. 

(d) Interest Accrual Periods. On each Cash Advance, we start charging interest charges from the later of 
the date of the Cash Advance or the first day of the billing cycle in which it is posted to your Account. On 
each Purchase: (i) If you get a grace period for the billing cycle in which  the Purchase is posted to the 
Account (the “Purchase Cycle”) and for the next billing cycle (the “Next Cycle”), we charge no interest 
charges at all. (ii) If you get a grace period for the Purchase Cycle but not for the Next Cycle, we start 
charging interest charges from the first day of the Next Cycle. (iii) If you do not get a grace period for the 
Purchase Cycle, we charge interest charges from the later of the date of the Purchase or the first day of the 
billing cycle in which it is posted to your Account. 

(e) Classification of Fees as Purchases or Cash Advances. For purposes of computing interest charges, 
Cash Advance Fees are treated as Cash Advances and all other Fees are treated as Purchases. 

6. Fees.  
(a) Set-up and Maintenance, Transaction and Penalty Fees. Subject to subsection (c), you agree to pay 
the following fees, in the amounts, at the rates and pursuant to the formulas set forth in the Rate and Fee 
Disclosures: (i) Annual Fee (if applicable, as set forth in the Rate and Fee Disclosures); (ii) Cash Advance 
Fee for each Cash Advance that is not a Balance Transfer or Account Transfer; (iii) Account Transfer Fee 
for each Account Transfer; (iv)  Balance Transfer Fee  for each Balance Transfer; (v)  Late Fee  for each 
Minimum Payment Due that is not paid in full within five days after the Payment Due Date; (vi) NSF Fee 
each time a check, instrument or other payment on your Account is returned to us unpaid for any reason 
and each time we must return any payment check or instrument you send us because it is not signed or is 
otherwise incomplete; (vii) Overlimit Fee each time your Account balance exceeds your Credit Limit at 
the end of a billing cycle; and (viii) Foreign Transaction Fee (if applicable, as set forth in the Rate and 
Fee  Disclosures)  for  each  Purchase  from  or  Cash  Advance  obtained  through  a  merchant  or  financial 
institution outside the United States. The Foreign Transaction Fee is charged on the gross amount of the 
Transaction in U.S. Currency. We charge this fee even if the Transaction is denominated in U.S. Dollars. 
The foreign merchant or financial institution may charge a separate fee. If the Transaction was made in a 
foreign  currency,  the  Transaction  will  be  converted  into  a  U.S.  dollar  amount  by  MasterCard  or  the 
foreign  merchant  or  financial  institution  in  accordance  with  its  operating  regulations  or  conversion 
procedures at the time the Transaction is processed. We do not make the currency conversions ourselves. 

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(b) Additional Fees. Subject to subsection (c), we may charge an Expedited Card Delivery Fee of $25 if 
you  request  us  to  expedite  the  delivery  of  a  Card.  Additionally,  if  you  request  a  special  service  –  for 
example,  if  you  ask  for  an  additional  copy  of  a  statement  or  have  a  customer  service  representative  of 
ours  process  a  payment  by  phone  on  an  expedited  basis  –  we  may  charge  a  fee  for  such  service  in 
accordance with applicable law. We will tell you about the fee before you become liable to pay the fee. 

(c) Fee Limitations. As set forth in the Rate and Fee Disclosures, we charge some but not all customers 
Annual Fees, Overlimit Fees and Foreign Transaction Fees. Additionally, the fees set forth in subsections 
(a) and (b) are subject to the following limitations, regardless of any inconsistent language in the Rate and 
Fee Disclosures: (i) We do not intend to charge and you are not obligated to pay any fee (or any amount) 
prohibited  by  applicable  law,  including  TILA  and  Regulation  Z.  (ii)  We  do  not  charge  any  Late  Fee 
exceeding $25 or the amount of the Minimum Payment Due that is late, whichever is less. (iii) We do not 
charge  any  Returned  Payment  Fee  if  we  are  charging  a  Late  Fee  with  respect  to  the  same  Minimum 
Payment  Due.  Also,  we  do  not  charge  any  Returned  Payment  Fee  exceeding  $25  or  the amount  of  the 
related Minimum Payment Due, whichever is less. (iv) We do not charge any Overlimit Fee unless you 
are an Initial Cardholder who expressly consented to our charging this fee prior to May 18, 2012.  

7.  Monthly  Statements.  We  will  send  you  monthly  statements  if  and  when  required  by  applicable  law. 
Your  monthly  statements  will  show,  among  other  matters:  Transactions;  payments,  credits  and 
adjustments;  interest  charges  and  fees;  the  Previous  Balance  and  New  Balance  on  your  Account;  your 
Credit Limit and Available Credit; and the Minimum Payment Due and Payment Due Date.  

8. Payments.  
(a) Each month, you must pay at least the Minimum Payment Due shown on your monthly statement by 
the “Cut-Off Time” on the Payment Due Date shown on your monthly statement. The Payment Due Date 
will be at least 25 days after the date of the monthly statement, typically on the same day of each calendar 
month. If the Payment Due Date falls on a day we do not receive mail (a “non-business day”), we will not 
treat your payment as late for any purpose if we receive it by the Cut-Off Time on the next day we receive 
mail (a “business day”). The “Cut-Off Time” is 5:00 p.m. local time at the payment address specified on 
the monthly statement (or closing time of any office of ours you use to make payment in-person).  

(b)  The  Minimum  Payment  Due  will  always  equal  at  least  $25  or  the  New  Balance  shown  on  your 
monthly  statement,  whichever  is  less.  Subject  to  this limitation,  your  minimum  payment  will equal  the 
sum of the following amounts, rounded up to the nearest dollar: (1) 1% of  the New Balance shown on 
your statement; (2) any interest and fees shown on your statement; (3) any Past Due Amount shown on 
your statement. 

(c)  You  agree  to  make  all  payments  by  check  or  other  negotiable  instrument  drawn  on  a  financial 
institution located in the U.S., by money order, by electronic transfer of funds to an account we designate 
pursuant to separate instructions we give  you or by some other method we expressly permit. Payments 
must be made in U.S. dollars. All payments, except disputed payments, must be mailed or delivered to us 
at the payment address shown on the front of your monthly statement (the “Payment Address”) or must be 
given to us in person at one of our branches. Any payments received after the Cut-Off Time on a business 
day will be credited on the next business day. However, credit to your Account may be delayed for up to 
five (5) days if we accept a payment that is: (i) not received by mail or messenger service at the Payment 
Address or in-person at one of our offices; (ii) not made in U.S. dollars by a check or other negotiable 
instrument drawn on a financial institution located in the U.S. or by money order; or (iii) not accompanied 
by the top portion of your monthly statement. Delayed crediting may cause you to incur additional fees 
and interest charges, subject to applicable law.  

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(d)  Subject  to  applicable  law,  including  TILA  and  Regulation  Z,  we  may  apply  payments  and  other 
credits to your Account in any manner we choose in our sole discretion.  

(e) At any time, you may pay all or any part of your outstanding Account balance. Payment of more 
than  the  Minimum  Payment  Due  in  one  billing  cycle  will  not  relieve  you  of  the  obligation  to  pay  the 
entire Minimum Payment Due in subsequent billing cycles. 

9. Default. Subject to applicable law, we may declare you to be in default under this Agreement if any one 
or more of the following events occurs: (a) you fail to pay any Minimum Payment Due on or before your 
Payment  Due  Date;  (b)  you  exceed  your  Credit  Limit;  (c)  you  use  a  check  or  instrument  for  payment 
which is dishonored; (d) you die or are declared legally incompetent; (e) any other creditor tries by legal 
process to take money of yours in our possession; (f) a petition is filed or other proceeding is commenced 
by or against you under the Federal Bankruptcy Code or any other applicable federal or state insolvency 
laws; (g) you become generally unable to pay your debts; (h) you provide us with any false or misleading 
information; (i) you breach any of your other obligations under this Agreement; or (j) you are in default of 
any other agreement you have with us or any of our affiliates.  

10.  Our  Rights  Upon  Default.  Upon  any  default,  we  may  take  any  of  the  following  actions,  subject  to 
applicable law (including any applicable notice requirement and/or right to cure): (a) either declare all or 
any portion of your outstanding Account balance to be immediately due and payable or, without waiving 
any rights, allow you to repay your Account balance by paying the Minimum Payment Due each billing 
cycle; (b) terminate or suspend your Account privileges and/or cancel your Card; (c) reduce your Credit 
Limit  or  otherwise  limit  your  ability  to  make  Transactions;  or  (d)  commence  an  action  against  you  to 
collect  all  amounts  owed  in  connection  with  this  Agreement.  We  also  may  charge  you  court  costs  and 
reasonable attorneys’ fees that we actually incur (including court costs and attorneys’ fees in connection 
with appeals and/or bankruptcy proceedings), as permitted by applicable law, if your Account is sent for 
collection to an attorney who is not our salaried employee. You understand and agree that, subject to 
applicable  law,  if  you  are  in  default  under  this  Agreement,  we  or  any  agent  of  ours  may  make 
collection  calls  to  your  home  or  cell  phone  and  may  use  an  automatic  dialer  and/or  prerecorded 
messages with respect to such calls, even if the message is left on an answering machine.  You agree 
that  such calls  will  not  be  considered  “unsolicited”  calls  or telemarketing  calls for  purposes  of  state or 
federal law. 

11.  Arbitration  Provision.  Unless  you  have  exercised  or  exercise  your  right  to  reject  arbitration 
under subsection (n) below, the following Arbitration Provision will apply: 

(a) General: Either you or we may elect to arbitrate or require the other partyto arbitrate any Claim (as 
defined below) under the following terms and conditions. If you or we elect to arbitrate a Claim, neither 
you nor we will have the right to: (i) have a court or a jury decide the Claim; (ii) participate in a class 
action in court or in arbitration, either as a class representative or a class member; (iii) act as a private 
attorney  general  in  court  or  in  arbitration;  or  (iv)  join  or  consolidate  your  Claim(s)  with  claims  of  any 
other person. The right to appeal and the right to pre-arbitration discovery are more limited in arbitration 
than  in  court.  Other  rights  that  you  would  have  if  you  went  to  court  may  also  not  be  available  in 
arbitration.  

(b) Definitions: The following definitions apply to this Arbitration Provision, even if terms defined in this 
Arbitration Provision are defined differently elsewhere in this Agreement:  

(i) “We,” “us” and “our” mean the Bank, together with any subsequent holder of this Agreement. Also, 
these terms include the parents, subsidiaries, affiliates and successors of such companies, as well as the 
officers,  directors,  agents  and  employees  of  any  of  the  foregoing.  These  terms  also  include  any  party 

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named  as  a  co-defendant  with  us  in  a  Claim  asserted  by  you,  such  as  marketing  companies,  credit 
bureaus, credit insurance companies, credit card servicers and debt collectors. “You,” “your” and “yours” 
include each and every Cardholder or Authorized User. 

(ii) “Administrator” means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, 
New York, NY 10019, www.adr.org, 800-778-7879; JAMS, 620 Eighth Avenue, 34th Floor, New York, 
NY 10018, www.jamsadr.com, 800.352.5267; or any other company selected by mutual agreement of the 
parties.  If  both  AAA  and  JAMS  cannot  or  will  not  serve  and  the  parties  are  unable  to  select  an 
Administrator  by  mutual  consent,  the  Administrator will be  selected  by  a  court.  The  party  initiating  an 
arbitration  selects  the  Administrator.  Notwithstanding  any  language  in  this  Arbitration  Provision  to  the 
contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any 
Administrator that has in place a formal or informal policy that would purport to override subsection (d) 
below, captioned “No Class Actions” (the “Class Action Waiver”). 

(iii) “Claim” means any claim, dispute or controversy between you and us that in any way arises from or 
relates to this Agreement or the Account, including disputes arising from actions or omissions prior to the 
date  of  this  Agreement.  “Claim”  has  the  broadest  reasonable  meaning,  and  includes  initial  claims, 
counterclaims,  cross-claims  and  third-party  claims.  It  includes  disputes  based  upon  contract,  tort, 
consumer  rights,  fraud  and  other  intentional  torts,  constitution,  statute,  regulation,  ordinance,  common 
law  and  equity  (including  any  claim  for  injunctive  or  declaratory  relief).  However,  it  does  not  include 
disputes  about the  validity,  enforceability,  coverage  or  scope  of this  Arbitration Agreement  or  any  part 
thereof (including, without limitation, the Class Action Waiver, the final sentence in subsection (j) under 
the caption “Survival, Severability, Primacy” and/or this sentence); all such disputes are for a court and 
not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability 
of the Agreement as a whole is for the arbitrator, not a court, to decide. 

(c)  Starting  or  Demanding  Arbitration:  To  start  an  arbitration,  the  party  asserting  the  Claim  (the 
“Claimant”)  must  commence  the  arbitration  in  accordance  with  the  Administrator’s  rules.  To  require 
arbitration of a Claim, the party defending the Claim (the “Defending Party”) must give the Claimant a 
written demand for arbitration. This demand may be given after a lawsuit has been filed and may be given 
in papers or motions in the lawsuit. If an arbitration is commenced or an arbitration demand is given, the 
Claim  shall  be  resolved  by  arbitration  under  this  Arbitration  Provision  and  the  applicable  rules  of  the 
Administrator  then  in  effect.  We  will  not  elect  to  arbitrate  any  collection  action  we  initiate  or  any 
individual  action  brought  by  you  in  small  claims  court  or  your  state’s  equivalent  court,  except  if  such 
action is transferred, removed, or appealed to a different court 

(d)  No  Class  Actions:  Notwithstanding  any  language  herein  to  the  contrary,  if  you  or  we  elect  to 
arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court 
or in arbitration, either as a class representative, class member or  otherwise; (ii) act as a private 
attorney general in court or in arbitration; or (iii) join or consolidate Claims by or against you with 
claims  by  or against  any other  person, and  the  arbitrator  shall  have  no  authority  to  conduct any 
such class, private attorney general or multiple-party proceeding.  

(e)  Location  and  Costs:  Any  arbitration  hearing  that  you  attend  will  take  place  in  a  location  that  is 
reasonably convenient for you. If you cannot obtain a waiverof the Administrator’s or arbitrator’s filing, 
administrative, hearing and/or other fees, we will consider in good faith any request by you for us to bear 
such fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and 
charges of your attorneys, experts and witnesses if you win the arbitration. Even if you do not win the 
arbitration,  we  will  pay  any  of  the  Administrator’s  or  arbitrator’s  filing,  administrative,  hearing  and/or 
other fees, and the fees and charges of your attorneys, experts and witnesses, if and to the extent we are 
required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable. 

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(f)  Arbitrator  Selection:  The  arbitrator  will  be  appointed  by  the  Administrator  in  accordance  with  the 
rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or 
former judge or a lawyer with at least 10 years of experience.  

(g)  Discovery;  Getting  Information:  In  addition to the  parties’  rights under  the Administrator’s  rules  to 
obtain information prior to the hearing, either party may ask the arbitrator for more information from the 
other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party 
the opportunity to object.  

(h)  Effect  of  Arbitration  Award:  Any  court  with  jurisdiction  may  enter  judgment  upon  the  arbitrator’s 
award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal 
Arbitration  Act,  9  U.S.C.  §1  et  seq.  (the  “FAA”);  and  (2)  Claims  involving  more  than  $50,000.  For 
Claims  involving  more  than  $50,000,  any  party  may  appeal  the  award  to  a  three-arbitrator  panel 
appointed  by  the  Administrator,  which  will  reconsider  anew  any  aspect  of  the  initial  award  that  is 
appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. The 
costs  of  any  appeal  will  be  borne  in  accordance  with  subsection  (e)  above,  captioned  “Location  and 
Costs.”  

(i) Governing Law: This Agreement governs transactions involving interstate commerce and accordingly 
this Arbitration Provision shall be governed by the FAA and not by any state law concerning arbitration. 
The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable 
statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to 
award all remedies available in an individual lawsuit under applicable substantive law, including, without 
limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional 
standards  applicable  in  judicial  proceedings),  declaratory,  injunctive  and  other  equitable  relief,  and 
attorneys’  fees  and  costs.  Upon  the  timely  request  of  either  party,  the  arbitrator  shall  write  a  brief 
explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence 
consistent with the FAA, this Arbitration Provision and the Administrator’s rules.  

(j)  Survival,  Severability,  Primacy:  This  Arbitration  Provision  shall  survive  the  termination  of  this 
Agreement,  your  fulfillment  or  default  of  your  obligations  under  this  Agreement  and/or  your  or  our 
bankruptcy  or  insolvency  (to  the  extent  permitted  by  applicable  law).  In  the  event  of  any  conflict  or 
inconsistency  between  this  Arbitration  Provision  and  the  Administrator’s  rules  or  this  Agreement,  this 
Arbitration Provision will govern. If any portion of this Arbitration Provision, other than the Class Action 
Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If 
a determination is made with respect to any Claim that the Class Action Waiver is unenforceable, only 
this sentence of the Arbitration Provision will remain in force and the remaining provisions shall be null 
and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.  

(k) Amendment/Termination: Notwithstanding any provision of this Agreement to the contrary, we will 
not amend this Arbitration Provision in a manner that adversely affects your rights or responsibilities in a 
material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its 
entirety. 

(l) Notice and Cure. Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating 
in  any  way  to  this  Agreement  (as  more  fully  defined  in  the  Arbitration  Provision,  a  “Claim”),  the 
Claimant shall give the Defending Party written notice of the Claim (a “Claim Notice”) and a reasonable 
opportunity, not less than 30 days, to resolve the Claim on an individual basis. Any Claim Notice to you 
shall be sent in writing by mail to the address for you maintained in our records. Any collection letter we 
send to this address shall be deemed to be a Claim Notice. Any Claim Notice to us shall be sent to us by 

Rev. 9/2013 

 
 
 
 
 
 
 
certified mail, return receipt requested, at the Notice Address, Attn: Legal Claim (or such other address as 
we  subsequently  provide  you).  Any  Claim  Notice  you  send  must  provide  your  Account  Number  and 
telephone  number.  Any  Claim  Notice  must  explain  the  nature  of  the  Claim  and  the  relief  that  is 
demanded. The Claimant must reasonably cooperate in providing any information about the Claim that 
the Defending Party reasonably requests. Upon receipt of a Claim Notice, we will credit your Account for 
the standard cost of a certified letter. 

(m) Special Payment:  If (i) you submit a Claim Notice on your own behalf (and not on behalf of any 
other  party)  in  accordance  with  subsection  (l),  captioned  “  Notice  and  Cure”  (including  the  timing 
requirements  thereof);  (ii)  we  refuse  to  provide  you  with  the  relief  you  request;  and  (iii)  an  arbitrator 
subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award 
you at least $7,500 in addition to the attorney, witness and expert fees and costs to which you are entitled.  

(n) RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision by sending us 
a  written  rejection  notice  in  accordance  with  this  subsection  (n).  We  must  receive  the  rejection 
notice  prior  to  the  Effective  Date  or  within  45  days  after  the  Effective  Date.  You  may  not  reject 
arbitration by phone or by any method other than the method described in this subsection (n). In 
order for a rejection notice to be valid and effective, it must: (i) state that you (or both or all of you, 
if  more  than  one)  wish  to  reject  the  Arbitration  Provision;  (ii)  state  your  name,  address  and 
Account number; (iii) be signed by you (or both or all of you, if more than one); and (iv) be sent by 
certified mail, return receipt requested, to First Niagara Bank, N.A., P.O. Box 558, Harleysville, PA 
19438 Attn: Arbitration Rejection. Upon receipt of this notice, we will credit your Account for the 
standard cost of a certified letter. 

12. Miscellaneous 
(a) Changes to this Agreement. Subject to the Arbitration Provision and applicable law, including TILA 
and Regulation Z: (i) You agree that we may, in our sole discretion, from time to time change any of the 
terms  and  conditions  of,  or  add  new  terms  and  conditions  to,  this  Agreement,  including  changing  the 
formula  used  to  compute  interest  charges  or  increasing  or  adding  fees.  (ii)  Any  such  changes  will 
generally be effective immediately unless we are required by applicable law or elect, in our discretion, to 
provide you with advance written notice of the changes (and/or the reasons for the changes), afford you 
the  right  to  reject  the  change  and/or  obtain  your  consent  to the  change  (whether  by  written  agreement, 
through  the  initiation  of  a  Transaction  after  a  specified  date  or  through  some  other  means).  In  such 
instances,  those  changes  will  be  effective  if,  when  and  as  stated  in  such  notice.  (iii)  Any  changes  may 
apply to your outstanding Account balance on the effective date of the change and to any future balances 
created after that date. (iv) No change to any term of this Agreement will excuse your obligation to pay all 
amounts owing under this Agreement. 

(b) Governing Law. Except as set forth to the contrary in the Arbitration Provision, any claim, dispute or 
controversy arising from or relating to your Account or this Agreement, whether based in contract, tort, 
fraud  or  otherwise  and  regardless  of  the  place  of  your  residence,  is  governed  by,  and  construed  in 
accordance with, federal law and, to the extent state law applies, New York law (without regard to New 
York  conflict  of laws  principles).  However, the  applicable  statute  of  limitations  period for  all  purposes 
under this Agreement (including the right to collect debt) will be the longer period provided by the law of 
New York or the jurisdiction where you live. 

(c) Correspondence. All notices to us must be sent to Our Notice Address, with such attention as may be 
specified in this Agreement. To the extent permitted under applicable law, any notice you send us will not 
be effective until we receive and have had a reasonable opportunity to act on such notice. Any written or 
electronic correspondence we send to you will, however, be effective and deemed delivered when mailed 

Rev. 9/2013 

 
 
 
 
 
to you at your mail address (or your email address if you have authorized electronic communications) as 
it appears on our records. 

(d)  Reporting  Information  to  Credit  Bureaus;  Identity  Theft.  We  may  report  information  about  your 
Account  to  other  creditors,  other  financial  institutions  and  credit  bureaus.  Late  payments,  missed 
payments or other defaults on your Account may be reflected in your credit report.  You have the 
right to dispute the accuracy of information we have reported. If you believe that any information about 
your Account that we have reported to a credit bureau is inaccurate, or if you believe that you have been 
the  victim  of  identity  theft  in  connection  with  your  Account  or  in  connection  with  any  other  loan  or 
extension of credit made by us, write us at Our Notice Address, Attn: Fraud/Dispute. Please include your 
name, address, Account number, telephone number and a brief description of the problem. If available, 
please  include  a  copy  of  the  credit  report  in  question.  If  you  believe  that  you  have  been  the  victim  of 
identity theft, you should send us a police report or written statement in a form we provide you alleging 
that you are the victim of identity theft for a specific debt. Once we receive such documentation, we will 
cease  all  debt  collection  activity  until  we  have  reviewed  the  materials,  determined  that  the  debt  is  still 
collectible, complied with all obligations under Section 12(z) and sent you a written notice describing the 
basis for our determination. 

(e) Bankruptcy Notification. All bankruptcy notices and related correspondence to us must be sent to us at 
Our Notice Address, Attn: Bankruptcy Notice.  

(f)  Notices  of  Change  in  Circumstances.  You  must  notify  us  of  any  changes  to  your  name,  mailing  or 
email  address,  home,  cell  or  business  phone  number,  employment  or  income  within  15  days.  You  can 
notify us by calling us toll-free at 800-626-0900 (888-781-3634 from outside the country), or by writing 
us at Our Notice Address. We will rely on your mail and email addresses as they appear on our records 
for any and all Account communications we send you unless and until either you or, in the case of your 
mailing address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable 
opportunity to act on such notice. 

(g) Partial Payments Marked Payment in Full. Any check or other payment you send us for less than 
the total outstanding balance on your Account that is marked “payment in full” or with any similar 
language or that you otherwise tender as full satisfaction of a disputed amount must be sent to Our 
Notice  Address,  Attn:  Payment  of  Disputed  Amount.  We  may  deposit  any  such  payment  without 
such deposit effecting a satisfaction of the disputed amount. 

(h) Inadvertent Overcharges. It is not our intention to charge any interest charges, Fees or other amounts 
in  excess  of  those  permitted  by  applicable  law  or  this  Agreement.  If  any  interest  charge,  Fee  or  other 
amount is finally determined to be in excess of that permitted by applicable law or this Agreement, the 
excess  amount  will  be  applied  to  reduce  the  outstanding  balance  in  your  Account  or,  if  there  is  no 
outstanding balance, will be refunded to you.(i)  Delay in Enforcement. We may at any time and in our 
sole  discretion  delay  or  waive  enforcing  any  of  our  rights  or  remedies  under  this  Agreement  or  under 
applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our 
rights or remedies at any one time, we may enforce them at a later date.  

(j) Unauthorized Use of Your Card or Account. You agree to promptly notify us if you believe that your 
Card  has  been  lost  or  stolen  or  that  someone  has  used  or  may  use  your  Card  or  Account  without  your 
permission by calling us toll-free at 800-626-0900 (888-781-3634 from outside the country), or by writing 
to  Our  Notice  Address,  Attn:  Fraud/Dispute.  TO  HELP  PROTECT  AGAINST  THE 
UNAUTHORIZED  USE  OF  YOUR  CARD  OR  ACCOUNT,  YOU  SHOULD  NEVER  WRITE 
YOUR  PERSONAL  IDENTIFICATION  NUMBER  (PIN)  ON  YOUR  CARD  OR  KEEP  ANY 
WRITTEN  RECORD  OF IT ON  ANY  MATERIAL  THAT  IS KEPT  WITH YOUR  CARD.  You 

Rev. 9/2013 

 
 
 
 
 
 
agree to assist us in determining the facts, circumstances and other pertinent information related to any 
loss, theft or possible unauthorized use of your Card or Account and to comply with such procedures as 
we  may  reasonably  require  in  connection  with  our  investigation,  including  the  filing  of  one  or  more 
reports with the appropriate law enforcement authorities. Subject to applicable law, you acknowledge and 
agree  that  we  may  terminate  our  investigation  if  you  fail  to  provide  us  with  any  such  assistance  or  to 
comply with such procedures, and we otherwise have no knowledge of facts confirming the unauthorized 
use  of  your  Card  or  Account.  In  such  circumstances,  we  will  deem  any  such  use  as  having  been 
authorized by you and you will be liable for the amount of any Transactions plus interest charges and fees 
incurred with any such use. Subject to applicable law, you also acknowledge and agree that unauthorized 
Card  or  Account  use  does  not  include  use  of  your  Card  or  Account  by  any  person  to  whom  you  have 
given  authority  to  use  your  Card  or  Account,  even  if  you  have  attempted  to  limit  the  scope  of  the 
authority  you  have  granted  to  any  Authorized  User  and  such  Authorized  User  has  exceeded  his  or  her 
authority. You will be liable for all use of the Account or any Card by any such Authorized User, even if 
that person uses the Account or Card in ways you did not intend. 

(k) Verifications. We verify your age, social security number, residence and other identifying information 
as required by applicable law. 

(l)  Credit  Reports;  Evaluation  of  Financial  Condition  and  Credit  History.  You understand  and  agree 
that  we  may  obtain  a  consumer  credit  report  in  connection  with  your  request  for  credit  and  in 
connection with any updates, renewals or extensions of any credit as a result of your request. If you 
ask,  you  will  be  informed  whether  or  not  such  a  report  was  obtained  and,  if  so,  the  name  and 
address of the agency that furnished the report. You understand and agree that we may obtain a 
consumer credit report in connection with the review or collection of any Transaction made by you 
or for other legitimate purposes related to such Transactions.  

(m) Account Settlements. Any settlement of your Account balance for less than what is owed requires our 
written agreement. 

(n) Telephone Monitoring and Recording. You agree that we may monitor, record, retain and reproduce 
your telephone calls and any other communications you provide to us, regardless of how transmitted to 
us, for training, quality control, evidentiary and other purposes. However, we are not under any obligation 
to monitor, record, retain or reproduce such items, unless required to do so by applicable law. 

(o) Third-Party Claims or Defenses. Except as otherwise provided in this Agreement or as required by 
applicable law, we will not be responsible for any claim or defense you may have against any third party 
that arises out of or in connection with any Transaction.  

(p)  Assignment.  You  may  not  sell,  assign  or  transfer  your  Account  or  Card  or  any  of  your  rights  and 
obligations under this Agreement. However, we may sell, assign or transfer your Account, or any balance 
due thereunder, and/or any of our rights and obligations under this Agreement, to another bank or other 
third party without prior notice to or consent by you. Should we do so, then to the extent of any such sale, 
assignment or transfer, that bank or third party will take our place in this Agreement. 

(q)  Severability.  Except  as  provided  otherwise  in  the  Arbitration  Provision,  if  any  provision  of  this 
Agreement  is  deemed  to  be  void  or  unenforceable  by  a  court  of  competent  jurisdiction  or  any 
governmental agency, that provision will continue to be enforceable to the extent permitted by that court 
or agency, and the remainder of that provision will no longer be considered as part of this Agreement. All 
other provisions of this Agreement will, however, remain in full force and effect. 

Rev. 9/2013 

 
 
 
 
 
 
 
 
(r) Section Headings. The section headings used in this Agreement are for convenience of reference only 
and do not in any way limit or define your or our rights or obligations hereunder. 

(s)  Entire  Agreement.  You  acknowledge  that  this  Agreement  (which  includes  the  Card  Carrier  and  the 
Rate  and  Fee  Disclosures)  constitutes  the  entire  agreement  between  you  and  us  with  respect  to  the 
Account  and  the  Card,  and  supersedes  and  may  not  be  contradicted  by  evidence  of  any  prior  or 
contemporaneous written or oral communications and understandings between you and us concerning the 
Account  and  the  Card.  If  we  offer  or  provide  rewards  in  connection  with  the  Account,  the  agreement 
and/or disclosures relating to such rewards are separate and not part of this Agreement.  

(t) Security. Notwithstanding any language in any other agreement to the contrary, the Account and your 
performance under this Agreement are not secured.  

(u)  Multiple  Cardholders  and/or  Guarantors.  If  there  are  more  than  one  of  you  and/or  one  or  more 
guarantors  of  your  obligations  under  this  Agreement:  (i)  Each  of  you  may  engage  in  any  permitted 
Transaction, without any further authorization from any other of you. (ii) Each of you and each guarantor 
is  jointly  and  individually  liable  for  all  of  your  obligations  under  this  Agreement.  We  may  proceed 
against any or all of you and/or any or all guarantor(s), and may choose not to proceed against any or all 
of you and/or any or all guarantor(s), without losing any of our rights against any or all of you and/or any 
or all guarantors. (iii) You agree not to give conflicting instructions to us. If you do, however, we may 
ignore all conflicting instructions or instead determine in our discretion to honor any instruction of our 
choice. (iv) Any of you may terminate the Account at any time. 

(v) Termination of Account. We may close or suspend your Account and/or revoke your Card at any time 
without  prior  notice,  whenever  permitted  by  applicable  law.  We  may  do  this  at  any  time  and  for  any 
reason permitted by law, even if you are not in default. In the event we give you notice that the Account 
has been terminated or you give us notice that you desire to terminate the Account, upon our request you 
must  return  to  us  all  Cards  and  all unused  Convenience  Checks.  We  may  either  honor  or  dishonor  any 
request by you to terminate the Account if you fail to return all Cards and unused Convenience  Checks. 
You  will  remain  liable  for  all  Transactions  on  the  Account,  including  previously  authorized  recurring 
Transactions, that are paid after you or we give notice of termination. 

(w)  Formal  Requirements  to  Collect  Debt.  You  agree  that  we  are  not  obligated  to:  (i)  make  a  formal 
demand  for  payment  under  this  Agreement;  (ii)  provide  formal  notice  that  any  amount  due  under  this 
Agreement  has  not  been  paid;  and/or  (iii)  provide  a  certification  that  any  amount  due  under  this 
Agreement was not paid by the due date. To the extent permitted by applicable law, you agree that, in any 
collection proceeding by the Bank or a direct or indirect purchaser of the Bank’s rights in your Account, 
unless  you  provide  affirmative  evidence,  sufficient  to  the  finder  of  fact,  that  our  business  records  are 
incorrect, the records we maintain in the ordinary course of business, including monthly statements and/or 
summaries of information in our computer records, certified by any custodian of our records as accurate 
reflections of statements or information in our business records, provide adequate proof of the amounts 
due hereunder.  

(x) Refunds and Allowances.  Any refund or allowance provided to you with respect to any Transaction 
shall be provided in the form of an Account credit and not a cash payment. 

(y) Security at ATM Facilities. You should take precautions when using your Card (or any other credit or 
debit  card)  at  an  automated  teller  machine  (“ATM”).  (i)  Under  New  York  law,  the  activity  of  each 
ATM facility must be recorded by a surveillance camera or cameras. (ii) You should close the entry 
door  completely  upon  entering  and  exiting  an  ATM  facility.  (iii)  You  should  not  permit  any 
unknown  persons  to  enter  an  ATM  facility  after  regular  banking  hours.  (iv)  You  should  place 

Rev. 9/2013 

 
 
 
 
 
 
 
withdrawn  cash  securely  upon  your  person  before  exiting  the  ATM  facility.  (v)  Complaints 
concerning  security  in  the  ATM  facility  should  be  directed  to  the  banking  institution’s  security 
department  (our  phone  number  for  such  complaints  is  716-625-7500)  or  the  New  York  State 
Department of Financial Services at 877-226-5697. The nearest available public telephone should be 
used to call the police if emergency assistance is needed.  

(z) Additional Notices. NOTICE TO THE BUYER: 1. Do not sign this credit agreement before you 
read  it  or if it  contains  any  blank  space.  2. You  are  entitled to  a  completely filled in  copy  of this 
credit agreement.  

You  may  contact  the  New  York  State  Banking  Department  to  obtain  a  comparative  listing  of  all 
credit card rates, fees and grace periods. (New York State Banking Department – 877-226-5697) 

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 Monthly Statement 
If you think there is an error on your statement, write to us at First Niagara Bank, N.A., P.O. Box 928, 
Lockport, NY 14095-0928. 

In your letter, 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. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required 
to investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive 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 corrected 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 (and until we have complied with our 
obligations above): 

• 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. 

Rev. 9/2013 

 
 
 
 
 
 
 
 
 
 
 
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 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. (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. Purchases made with cash advances 
from an ATM or with a check that accesses your credit card 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 at First Niagara Bank, N.A., P.O. Box 928, Lockport, NY 14095-0928. 
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. 

FIRST NIAGARA CREDIT CARD AGREEMENT 
(RETAIL INSTALMENT CREDIT AGREEMENT)  

First Niagara Bank, N.A. 
By:  

Matthew C. Wagner, Senior Vice President Director Consumer Business Management 

Rev. 9/2013