By requesting or accepting a Secured Mastercard  Credit 
Card account (“Credit Card account” or “Account”) with Bank 
of the West, you agree to be bound by all the terms of this 
Agreement.  In  this  Agreement,  the  words  “you”  or  “your” 
mean  everyone  who  has  requested  or  accepted  a  Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
mean  Bank  of  the  West.    If  you  do  not  accept  this 
Agreement, you must notify us in writing within 5 days after 
receipt.  Use of your card or any feature (including a balance 
transfer)  of  your  Credit  Card  Agreement  shall  constitute 
acceptance of this Agreement.  

1. Use.  Your  Credit  Card  account  card  (“Card”)  may  be 
used  as  a  credit  card  for  purchases  of  goods  or  services 
from  participating  merchants  (“Purchases”)  or  to  get  Cash 
Advances from us or any other financial institution displaying 
the “Mastercard”” logo, or to purchase certain items such as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers, lottery tickets, and (except as noted below) funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively  referred  to  as  “Cash  Advances”)  up  to  your 
Credit Limit; provided, however, you may not use your Card 
(i)  to  make  Purchases  or  obtain  Cash  Advances  for  any 
illegal transaction, or (ii) for any internet or online gambling 
transactions.    Transactions  for  online  or  internet  gambling 
will not be approved.  If you use your Card for any illegal or 
prohibited  transaction,  this  Agreement  also  applies  to  such 
transaction  and  you  agree  to  pay  any  and  all  amounts 
related  to  such  transaction  pursuant  to  the  terms  of  this 
Agreement. We may, in our sole discretion, restrict the use 
of or terminate your Card if we notice excessive use of your 
Card  or  other  suspicious  activities  or  if  we  reasonably 
believe the Card is or has been used for one or more illegal 
or  prohibited  transactions.  You  can  also  obtain  a  Cash 
Advance  by  writing  a  special  Mastercard  check 
(“Convenience  Check”).    The Cash Advance will be posted 
to  your  Credit  Card  account  when  the  Convenience  Check 
reaches  us. If you stop payment on a Convenience Check, 
your  Credit  Card  account  will  be  charged  $16.00  (or  as 
permitted by law) for each stop payment. We may designate 
that only a portion of your Credit Limit is available for Cash 
Advances.  In  addition,  you  may  request  that  we  pay  other 
creditors  on  your  behalf  and  transfer  approved  amounts  to 
your Account (“Balance Transfers”). 

Your  Card  may  also  be  used  in  certain  automated 
terminals  to  gain  access  to your Credit Card accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use. 

repay 

2. Credit  Limit.    Your  Credit  Limit  for  the  Credit  Card 
account  you  have  with  us  will  be  based  on  the  amount 
described  in  paragraph  21.  You  agree  that  your  total 
charges,  including  Purchases,  Cash  Advances,  Balance 
Transfers,  INTEREST  CHARGES,  and  fees  that  may  be 
due will not exceed your Credit Limit. If you do go over your 
Credit  Limit,  you  must 
the  excess  amount 
immediately,  and  we  may  reduce  the  available  Credit  Limit 
of any other Credit Card account you have with us until such 
time  the  excess  amount  is  repaid.    You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore, we reserve the right to lower your Credit Limit 
at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary to verify Payments received on your Credit Card 
account.  If we accept a payment from you in excess of your 

increase  your  Credit  Limit  at  any 

to 

BW-SCCAG (Rev. 10/2020) 

  SECURED CREDIT CARD  
  AGREEMENT  
             (Personal Accounts) 

outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased by the amount of the overpayment nor will we be 
required  to  authorize  transactions  for  an  amount  in  excess 
of your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such as car rental companies and hotels, may request prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily  be  reduced  by the amount authorized by us.   If 
you  do  not  ultimately  use  your  Credit  Card  account  to  pay 
for  your  Purchases  or  if  the  actual  amount  of  Purchases 
posted  to  your  Credit  Card  account  varies  from  the 
estimated amount approved by us, it is the responsibility of 
the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement to Pay. When you use your Card or Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including any which may have been made in violation of this 
Agreement),  and  the  INTEREST  CHARGES,  and  fees  that 
may become due as shown on the periodic statement. You 
agree  that  we  may  change  or  cancel  your  Credit  Card 
account  at  any  time  without affecting your obligation to pay 
the amounts that you owe under this Agreement.  

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement  Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,” and your minimum monthly payment, which will be 
shown as “Minimum Payment Due.” 

6. Payment.  You  must  make a payment by the “Payment 
Due  Date.”  You  have  two  choices:  You  may  pay  the  entire 
“New Balance” or you may pay in installments by paying at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.    The 
Minimum  Payment 
to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied 
the  highest  ANNUAL 
PERCENTAGE  RATE  (APR)  and  then  to  each  successive 
balance  bearing  the  next  highest  ANNUAL  PERCENTAGE 
RATE. 

to  balances  with 

is  applied 

fees, 

then 

first 

first 

to 

Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement  and  reach  the 
BankCard  Center  during  our  regular  business  day  by  5:00 
p.m.  Pacific  Time  for  the  payment  to  be  credited  the same 
business  day.    Payments  made  in  person  at  one  of  our 
branches,  or  made  by  telephone,  or  made  through  our 
website or another website controlled by a third party on our 
behalf  must  be  received  by  5:00  p.m.  Pacific  Time  to  be 
credited  the  same  business  day.  Payments  received  after 
the  cutoff  time of 5:00 p.m. Pacific Time are credited as of 
the  following  business  day.    If  you  fail  to  properly  make 
payments, crediting of such payments may be delayed and 
you  may  incur  late  charges  and  additional  interest  as  a 
result  of  the  delay.  Even  when  your  payment  is  credited  to 
your  account,  we  may  delay  the  availability  of  part  or  all  of 
your payment amount as credit for up to 15 days. 

If  a  payment  is  returned  to  us  for  any  reason,  we  may 
apply  a Returned Payment Fee of $27 for the first violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 

 
   
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     
 
 
 
 
 
 
 
 
 
                                                                                                                         
 
 
 
 
 
 
 
 
 
 
 
 
 
 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 
violation  within  the  next  six  billing  cycles.    If  the  Returned 
Payment  Fee  is  greater  than  the  Minimum  Payment  Due, 
the fee will be equal to the Minimum Payment Due.  

  From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

7. Minimum  Payment  -  Late  Payment  Fee.  At  least  the 
amount of the “Minimum Payment Due” must be received by 
us  by  the  “Payment  Due  Date.”  If  it  is  not, we may apply a 
Late  Payment  fee  of  $27  for  the  first  violation  and  $38  for 
each  subsequent  violation  within  the  next  six  billing  cycles.  
The Late Payment fee for Iowa residents is $27 for the first 
violation  and  $30  for  each  subsequent  violation  within  the 
next  six  billing  cycles.    If  the  Late  Payment  fee  is  greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum  Payment  Due.    If  such  charge  would  result  in  an 
INTEREST CHARGE greater than the maximum allowed by 
law,  we  will  only  charge  the  maximum  allowable  rate.  Your 
Minimum Payment Due will be 3% of the New Balance plus 
any Late Payment fee (with a minimum of the lesser of $27 
or your New Balance) and any amount over your credit limit 
and past due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the entire New Balance by the Payment Due Date. If we do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES on all other balances, including Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE.  We  figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Purchases, 
Advances, 
Introductory Rates and any special rate offers we may make 
available from time to time.  If you are charged interest, the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement).  

Transfers,  Cash 

Balance 

a.  Average Daily Balance.  To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.   To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying  the  Average  Daily  Balances  by  the  applicable 
Daily  Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
described below under “Variable Rate.” 

c.  Variable  Rate.  The  current  ANNUAL  PERCENTAGE 
RATE  for  all  variable  rates  is  shown  on  the  Account 
Opening  Disclosure  which  has  been  provided  to  you  with 
the 
this  Agreement.  The  Daily  Periodic  Rate  and 
corresponding ANNUAL PERCENTAGE RATE may change 
each  month  on  the  first  day  of  each  of  your  billing  cycles. 
Each  date  on  which  the  rate  of  interest  could  change  is 
called a “Change Date.” Changes will be based on changes 

BW-SCCAG (Rev. 10/2020) 

in the “Index.” The Index is the Prime Rate published in the 
“Money  Rates”  table  of  The  Wall  Street  Journal  on  the 
business  day  immediately  preceding  the  day  your  billing 
cycle  ends.  If  the  Index  is  no  longer  available,  we  will 
choose  a  new  index  which  is  based  upon  comparable 
information  and  will  give  you  notice  of  our  choice.  The 
ANNUAL  PERCENTAGE  RATE  may  increase  or  decrease 
each  month  if  the  Index  changes.  Any  new  rate  will  be 
applied  as  of  the  first  day  of  your billing cycle during which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE 
INTEREST 
CHARGE, which may result in a higher minimum payment.  

increases,  you  will  pay  a  higher 

Your interest rate for Purchases and Balance Transfers 
on  your  Credit  Card  account  is  based  on  a  variable  rate 
equal to the sum of the Index plus a “Rate Spread” of 18.74 
percentage  points.  The  interest  rate  for  Cash Advances on 
your Account is based on a variable rate equal to the sum of 
the Index plus a “Rate Spread” of 21.74 percentage points. 
Immediately before each Change Date we will determine the 
new  interest  rate  by  adding  the  Rate  Spread  to  the  Index. 
The  new  interest  rate  will  become  effective  at  the  start  of 
your  first  billing  cycle  after  the  Change  Date.  Only  one 
ANNUAL PERCENTAGE RATE and Daily Periodic Rate will 
be  in  effect  for  each  Balance  Category  during  the  billing 
period. The ANNUAL PERCENTAGE RATE will not exceed 
the  maximum  rate  permitted  by  law.  The  effect  of  any 
increase  in  the  ANNUAL  PERCENTAGE  RATE  and  the 
Daily  Periodic  Rate  would  be  to  increase  the  amount  of 
INTEREST  CHARGE  or  interest  you  must  pay  and  thus 
increase your monthly payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:    4.00%  of 
each balance transferred, $10 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  

the 

time 

transaction 

in  effect  at 

11.    Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that you make outside of the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered  foreign  transactions.    If  you  make  a 
transaction  in  a  foreign  currency  it  will  be  billed  to  you  in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined by Visa International or Mastercard International 
in accordance with their operating regulations or conversion 
procedures 
is 
the 
processed.  Currently,  their  regulations  and  procedures 
provide  that the currency conversion rate they use is either 
(1) a government-mandated rate or (2) a wholesale market 
rate,  whichever  is  applicable,  in  effect  one  day  prior  to  the 
processing  date.  We  do  not  determine 
the  currency 
conversion  rate  which  is  used.    You  agree  to  pay  the 
converted  amount  in  U.S.  funds.  In  addition,  Visa  or 
Mastercard  will  charge  us  (the  Bank)  an  international 
transaction  fee,  currently  equal  to  one  percent  (1.00%)  of 
the transaction amount. We will charge you the international 
transaction  fee  imposed  on  us  plus  an  additional  two 
percent  (2.00%)  of  the  transaction  amount  whether  that 
transaction was originally made in U.S. dollars or was made 
in  another  currency  and  converted  to  U.S.  dollars.    These 
two  fees  will  be  aggregated  and  shown  as  one  Foreign 
Transaction Fee on your statement. 

12.  Annual  Fee.  We  will  assess  an  Annual  Cardholder 
Fee of $25 for each year your Account is open, whether or 
not  you  use  your  Account  and  regardless  of the number of 
cards  issued  on  your  Account.  You  can  avoid  the  Annual 
Cardholder Fee if you terminate your Account within 30 days 
after the date of the periodic statement in which the Annual 
cardholder fee is posted. Otherwise, the Annual Cardholder 
fee will not be refunded in whole or in part and shall be owed 
to us by you even if your Account is subsequently changed, 
suspended, closed or terminated for any reason. 

13.  Other Fees. As allowed by law, we may charge, and 
you agree to pay, fees for certain services or requests made 
by you, such as but not limited to: Automated Teller Machine 
(“ATM”)  transactions  conducted  at  machines  not  operated 
by us, requests for copies of billing statements, sales drafts, 
or  other  records  of  your  Account,  or  if  you  request  a 
replacement  card(s).    However,  we  will  not  charge  fees for 

 
 
 
copies of documents requested for a billing dispute.  These 
fees  may  change  from  time  to  time.    We  will inform you of 
the  fee(s)  that  you  will  incur  prior  to  when  the  applicable 
service(s) is(are) provided or when you make the request(s), 
as  applicable.  You authorize us to charge your Credit Card 
account  for  any  such  fees  that  you  incur.  We  reserve  the 
right to waive a fee from time to time but a waiver does not 
mean we will continue to waive such fee in the future.  

  14.  Interest  Charges  for  Covered  Members  of  the 
law 
Armed  Forces  and  Their  Dependents:  Federal 
provides  important  protections  to  members  of  the  Armed 
Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces and his or her dependent may 
not exceed an ANNUAL PERCENTAGE RATE of 36%. This 
rate  must  include,  as  applicable to the credit transaction or 
account: 
insurance 
the  costs  associated  with  credit 
premiums; fees for ancillary products sold in connection with 
the  credit  transaction;  any  application  fee  charged  (other 
than certain application fees for specified credit transactions 
or  accounts);  and  any  participation  fee charged (other than 
certain participation fees for a credit card account). 

If  you  are  a  covered  member  of  the  armed  forces  or  a 
dependent, you will not be charged annual fees, transaction 
fees,  or  penalty  fees  so  that  your  cost  may  not  exceed the 
Military  Lending  Act  ANNUAL  PERCENTAGE  RATE  cap. 
Armed  Forces  members  and  their  dependents  can  hear 
about the protections provided to them by calling 1-866-761-
2689 (TTY users call 1-800-659-5495). 

15.  Default.  We  may  declare  the  entire  balance  for  the 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but  not  paid,  and  all  of  the  INTEREST  CHARGES  accrued 
but not paid. If we terminate your Credit Card account, your 
obligation  to  repay  the  amounts  you  already  owe  us  would 
continue.  

At  our  option,  we  may  also  take  action  short  of 
terminating your Credit Card account. If we take such lesser 
action initially, we reserve the right to terminate your Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration.  

16.  Automated Terminal Services 

a. Automated  Terminals.  You  may  use  your  Card  in 

the following automated terminals: 

  (1) Any Bank of the West automated teller machines. 
is 
  (2) Any  other  automated 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

teller  machine 

that 

  (3) Any  point-of-sale  terminal  that  accepts  our  Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 
  (1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get  a  Cash  Advance  from  your  Credit  Card 

account. 

(b) Get your Credit Card account balances. These 
balances may not include some transactions recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase  certain  merchandise.  The  amount  of  your 
purchase  will  automatically  be  charged  to  your  Credit  Card 
account as a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 

BW-SCCAG (Rev. 10/2020) 

exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible  for  all  transactions  in  which  you  use  your  Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you,  and  the  magnetically  encoded  stripe  on  the  Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
Please  notify  us  of  any  mechanical  or  operating  failure  in 
connection with the use of your Card. Do not permit anyone 
else to use your Card and do not disclose your secret code 
or  record  it  on  the  Card.  The  Card  remains  the  property of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

e. Fees  for  Using  Automated  Terminal  Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described  in 
paragraph 13-Other Fees. 

17.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use 
of  your  Card  as  a  credit  card  which  occurs  after  you  notify 
us at the telephone number or address stated in paragraph 
18, orally or in writing, of loss, theft, or possible unauthorized 
use.  In  any  case,  your  liability  for  unauthorized  use  of  your 
Card as a credit card will not exceed $50.00. 

18.  Where to Call or Write. If you believe your Card has 

been lost or stolen or that someone is using your Card or 
Credit Card account without your permission, call: 
1-800-996-2638 (for TTY call 1-800-659-5495) or write to: 
Bank of the West, BankCard Security Department, PO Box 
2078 Omaha, NE 68103-2078  

19.   Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

20.  Credit Investigation and Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported  inaccurate  information  about  you  to  a  credit 
bureau,  please  call  us  at  1-800-996-2638  (for  TTY  call  1-
800-659-5495).  As required by law, you are hereby notified 
that a negative credit report reflecting on your credit history 
may  be  submitted  to  a credit reporting agency if you fail to 
fulfill the terms of your credit obligations. 

incur 

to  secure 

the  obligations  you 

21.  Security  Interest. 

  This  Credit  Card  account  is 
secured  by  a  deposit  account  (“Deposit  Account”)  in  your 
name  only  with  Bank  of  the  West.  The  amount  you 
deposited  in  the  Deposit  Account  (subject  to  the  minimum 
amount  required  and  maximum  amount  allowed  by  the 
Bank) is your credit limit.  The Deposit Account will be used 
as  collateral 
in 
connection  with  your  Credit  Card  account.  You  grant  the 
Bank a security interest in, and assign to the Bank, all funds 
in your Deposit Account.  You agree that you will be bound 
by  the  agreement  (“Deposit  Account  Agreement”)  for  your 
Deposit Account and that your Deposit Account is subject to 
this  Agreement.  You  grant  the  Bank  exclusive  control  over 
the  Deposit  Account,  the  right  to  redeem,  collect  and 
withdraw any part or the full amount of the Deposit Account 
upon any default under this Agreement or if your Credit Card 
account is closed for any reason. The Bank may apply funds 
in the Deposit Account to pay off any balance on the Credit 
Card  account  if  the  Credit  Card  account  is  closed  for  any 
reason.  You  may  not  make  or  otherwise  arrange  for  any 
deposits  to  or  withdrawals  from  the  Deposit  Account  while 
the Deposit Account secures your Credit Card account. The 
Deposit Account will not be eligible for Auto-Save or Savings 
Overdraft Protection while the Deposit Account secures your 
Credit  Card  Account.  You  provide  the  security  interest  and 
assignment  as  security  for  any  and  all  amounts  you  may 
owe  (including  but  not  limited  to  interest,  fees  and  charges 
which  may  accrue  under  your  Credit  Card  account).  The 
balance  of  your  Deposit  Account  is  only  refundable  after 

 
 
 
 
 
   
   
   
your Credit Card account is closed and all amounts owed to 
the Bank are paid (any remaining amount you request to be 
refunded  may  take  up  to  30  days  to  be  returned  to  you).  
You  agree  to  pay  all  charges  and  follow  all  practices  set 
forth  in  the  Deposit  Account  Agreement  for  the  Deposit 
Account that secures your Credit Card account and abide by 
all future changes to the terms and charges for the Deposit 
Account.   

22.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

23.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect from or sue any one of you, or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

24.  Compliance  with  Law/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those  relating  to  anti-bribery,  anti-money  laundering,  the 
fight  against  terrorism,  and  sanctions  (“Sanctions”),  that 
apply  to  the  Bank  or  BNP  Paribas  S.A.  You  represent  that 
you  are  not  the  target  of  Sanctions.  You  agree  to  hold  the 
Bank  harmless  from  liability  for  any  actions  taken  by  the 
Bank  to  comply  with  applicable  laws  and  regulations, 
including Sanctions. 

25.  No  Waiver  of  Rights.  If  we  choose  to  waive  any  of 
the terms or conditions of this Agreement on a case-by-case 
basis, such as by not declaring the entire balance due when 
the minimum monthly payment has not been made on time, 
it does not mean that we have waived, or given up, our right 
to  exercise  any  of  our  rights  or  remedies  under  this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitutes a waiver of our rights or of any provision of this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

26.  Changing  Terms.  We  can  change,  add  to,  delete  or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.    We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before the effective date of the change. We do not have to 
send  you  an  advance  notice  of  the  change  if  it  favors  you, 
such as by reducing rates, or increasing the maximum credit 
limit.  Except in cases where we are changing terms due to 
the  Minimum  Payment  Due  not  being  received  within  60 
days  of  the  Payment  Due  Date,  you  agree  that the change 
may  cover  all  transactions  made  15  days  after we mail the 
notice.    If  you  do  not  agree  to  the  change,  a  method  for 
rejecting  the  change  and  closing  the  Account  will  be 
provided in the Change of Terms Notice.   You agree that if 
you use your card after the effective date of the change, this 
will constitute your agreement with the change.  

27.  Canceling  this  Agreement.  We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of  you  in  writing.  You  also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing.  If  this  Agreement  is  canceled  by  you  or  us,  your 
obligation  is  to  repay  amounts  you  already  owe  under  this 
Agreement, and you must return your Card to us or destroy 
the card.  In either case, the Account will be closed and you 
will no longer have access to the Account. 

28.  Governing Law. This Agreement will be governed by 
the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
29.  Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may  listen  to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

30.  Severability.    All  other  provisions  of  this  Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this  Agreement  are  held 
illegal,  void  or 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

BW-SCCAG (Rev. 10/2020) 

31.  Authorized  User.    If  you  elect  to  have  an  authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any authorized user is not a contractually 
liable party. 

32.  Our Communications with You. You agree that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your banking services to assure the quality of our 
service or for other reasons. You expressly consent that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  use  written,  electronic,  or  verbal 
means,  or   any  other  medium,  as  permitted  by  law  and 
including,  but  not  limited  to,  mail  and  facsimile,  to  contact 
you. Your consent includes, but is not limited to, contact by 
manual  calling  methods,  prerecorded  or  artificial  voice 
messages, 
text  messages,  e-mails  and/or  automatic 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
independent  contractors  or  service 
affiliates,  agents, 
providers  may  contact  you  by  using  any  e-mail  or  any 
telephone  number  you  provide,  including  a  telephone 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result.   
   33.  RESOLUTION  OF  DISPUTES  BY  ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
PARTICIPATE 
CLASS  OR  OTHER 
ANY 
REPRESENTATIVE ACTION. 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved through the binding arbitration process set forth in 
this arbitration provision upon demand by either you or us.  

include 

relief)  sought.  Disputes 

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise  provided,  any  dispute  relating  to  or arising out of 
your Account or this Agreement, including any aspect of any 
agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly provided, all disputes are subject to arbitration no 
matter the legal theory or remedy (damages, or injunctive or 
declaratory 
(1)  any 
unresolved  claims  concerning  any  services  relating  to  your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers,  Cash  Advances,  INTEREST  CHARGES,  your 
use  of  any  of  our  banking  locations  or  facilities,  or  any 
means you use to access your Account; (2) any claims that 
arose before you and we entered into this Agreement (such 
as disputes related to advertising) and after the termination 
of this Agreement; (3) not only claims made directly by you, 
but  also  made  by  anyone  connected  with  you  or  claiming 
through  you,  such  as  an  authorized  user,  a  beneficiary, 
employee, representative, agent, predecessor or successor, 
heir,  assignee,  or trustee in bankruptcy; (4) not only claims 
that  relate  directly  to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and  claims 
for  which  we  may  be  directly  or  indirectly  liable,  even  if  we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, 
claims, 
interpleaders  or  otherwise;  (6)  claims  made  as  part  of  a 
class  action  or  other  representative  action,  being  expressly 
understood and agreed that arbitration of such claims must 
proceed  on  an  individual  (non-class,  non-representative) 
basis;  and  (7)  claims  relating  to  the  enforceability  or 
interpretation  of  this  arbitration  provision.  A  party  who 
initiates  a  proceeding  in  court  may  elect  arbitration  with 
respect  to  any  dispute  advanced  in  that  proceeding  by  any 
other  party.  This  arbitration  provision  shall  survive  any 
termination of this Agreement or your Account.  

cross-claims, 

party 

third 

c.  Disputes  Not  Covered  By  Arbitration.  Disputes 
filed by you or by us individually in a small claims court are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief.  

d.  Opt Out. You have the right to opt out of arbitration 
by  sending  a  signed  written  notice  stating  your  decision  to 

 
 
opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778-
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, 
JAMS’  Consumer  Minimum 
Standards  (but  not  JAMS’  Class  Action  Procedures), 
available at www.jamsadr.com or 1-800-352-5267.  

including 

the 

individual  claimant  under  applicable 

f.  Arbitration  Procedure.  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 
agreements  and  applicable  substantive  law,  including  the 
Federal  Arbitration  Act  and  applicable statutes of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages or other relief (including injunctive relief) available 
to 
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. An award in arbitration shall determine the rights 
and  obligations  between  the  named  parties  only,  and  only 
with  respect  to  the  dispute  in  arbitration and shall not have 
any  bearing  on  the  rights  and  obligations  of  any  other 
persons,  or  on  the  resolution  of  any  other  dispute.  The 
arbitrator will take reasonable steps to protect your Account 
information and other proprietary or confidential information. 
Any  arbitration  hearing  shall  take  place  in the same city as 
the U.S. District Court closest to your home address, unless 
the  parties  agree  in  writing  to  a  different  location  or  the 
arbitrator so orders. If you seek a total recovery of $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 with jurisdiction.  

h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek a public injunction in arbitration or in court, if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth in any part of this arbitration provision) is found to be 
invalid or unenforceable, and that decision is not reversed 
on appeal, any claim for a public injunction will be decided 
in court after all other disputes to be decided in arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered  in  court.  In  no  event  will  a  claim  for  public 
injunctive  relief  be  arbitrated.  As  set  forth  in  “Severability” 
below,  the  invalidity  or  unenforceability  of  this  paragraph 
will not affect the validity or enforceability of the remainder 
of this arbitration provision.   

the 

i.  Arbitration  Costs.  We  will  pay 

filing, 
administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration  Fees”)  that  we  are  required  to  pay  pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect  to  Arbitration  Fees  that  you  are  required  to  pay 
under  the  arbitration  forum’s  rules  in  connection  with  an 
individual arbitration you have commenced against us, if you 
would  like  us  to  consider  paying  them  because  you  are 
unable to do so, you must first request a waiver or reduction 
of  the  Arbitration  Fees  from  the  arbitration  forum.  If  the 
request  is  denied or you remain unable to pay the reduced 
Arbitration Fees, we will consider paying them if we receive 
a  written  request  by  you  sent  to  Bank  of  the  West  Legal 
Department,  180  Montgomery  Street,  San  Francisco, 
California 94104. 

j.  Applicable  Law.  You  and  we  are  participating  in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  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.  

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
regarding 
joinder,  consolidation,  class  actions,  class 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

g.  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 and no 
such action may 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  holders  or beneficiaries on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

Your Billing Rights  

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find a Mistake on Your Statement 
If  you  think  there  is  an  error on your statement, write to us 
at:  

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
In your letter, give us the following information: 
•  Account information: Your name and Credit Card 

account number. 

•  Dollar amount: The dollar amount of the suspected 

•  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  [or 
electronically].    You  may  call  us,  but  if  you  do  we  are  not 

error. 

BW-SCCAG (Rev. 10/2020) 

 
 
 
 
  
 
 
 
 
 
 
 
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: 

While we investigate, the same rules apply to the disputed 
amount  as  discussed  above. 
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. 

  After  we 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which the debtor could assert against the seller of goods or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery hereunder by the debtor shall not exceed 
amounts paid by the debtor hereunder. 

•  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
•  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

•  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

•  We can apply any unpaid amount against your 

credit limit. 

After we finish our investigation, one of two things will 

happen: 

• 

• 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have to pay the amount in question, along with 
applicable interest and fees.  We will send you a 
statement of the amount you owe and the date 
payment is due.  We may then report you as 
delinquent if you do not pay the amount we think 
you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill  is 
wrong, you must write to us within 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 
those 
reported  you  as  delinquent,  and  we  must 
organizations  know  when  the  matter  has  been  settled 
between us. 

let 

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: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

BW-SCCAG (Rev. 10/2020)