Your Credit Union   CREDIT CARD AGREEMENT AND DISCLOSURE STATEMENT FOR YOUR MASTERCARD» ACCOUNT Notice: Read and retain this copy of your Credit Card Agreement and Disclosure Statement for future reference. TERMS USED IN THIS AGREEMENT: This Agreement and Disclosure Statement (“Agreement”) covers your MasterCard® Account (“Account”). In this Agreement “You” and ‘Your’ mean any person who signs this Agreement or uses the Card. “We,” “our,” and “us” mean Texas Dow Employees Credit Union, the issuer of your MasterCard. The “Card” means any credit card issued to you or those designated by you under the terms of this Agreement. “Use of the Card” means any procedure used by you, or someone authorized by you, to make a purchase or an advance whether or not the purchase or advance is evidenced by a signed written document. “Unauthorized use of the Card” means the use of the Card by someone other ihan you who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. In this Agreement, any plural terms sball be deemed singular and any singular terms shall be deemed plural when context and construction so require.   CONSENSUAL SECURITY INTEREST: You agree to give the Credit Union a security interest in any and all fimds on deposit in accounts in which you have an ownership interest, both now and in the future, with the exception of retirement accounts or any other accounts that would lose special tax treatment under state or federal law if given as security. The granting of this security interest is a condition for the issuance of any Card that you may use, directly and indirectly, to obtain extensions of credit under this Agreement. This means that, if you are in default, the Credit Union can, without prior notice to you, take funds from any eligible account(s) in which you have an ownership interest and apply them as a credit against your credit card Account in any amount available up to the entire balance. Collateral securing other loans you have with the Credit Union may also secure this Joan.       EXTENSION OF CREDIT: The Credit Union has established a MasterCard Account in your name and one or more Cards will be issued to you or to those designated by you. By use of the Card or the Account you authorize the Credit Union to pay for your Account all items reflecting credit purchases and cash advances (including balance transfers). JOINT APPLICANT LIABILITY: If more than one person signs the application, cach of you shall be jointly and individually liable to us for all charges made to the Account, including applicable fees. In addition, you agree that each of you designates the other as agent for the purpose of making purchases extended under this Agreement and each use of your Account shall be an extension of credit to all. Notice to one of you shall constitute notice to all. Any cardholder may close the Account at any time by notifying us in writing. However, removal from the Account does not release you from any liability already incurred. CARD SIGNATURE PANEL: Upon receipt of your new or reissued Card, you must sign the signature panel on the back of the Card. Hf the signature panel is not signed, merchants are not required to accept your Card. OTHERS USING YOUR ACCOUNT: Ifyou allow anyone else to use your Account, you will be liable for all credit extended to such persons. You promise to pay for all purchases, balance transfers, and cash advances made by anyone you authorize to use your Account, whether or net you notify us that he or she will be using it. If someone else is authorized to use your Account and you want to end that person’s privilege, you must notify us in writing, and if he or she has a Card, you must return the Card with your written notice for it to be effective,LIABILITY FOR UNAUTHORIZED USE: You may be liable for the unauthorized use of your Card. H you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should call us immediately at: (800) 442-4757 You may also write us at: Tewn North Bank Card Services A Fifth Third Processing Solutions Company PO Box 815909 Dallas, Texas 75381-5909 Although you may write to notify us of unauthorized use, calling us immediately at the telephone number above is the best way fo keep your possibfe losses down. Under MasterCard’s zero liability policy, you will not be liable for any unauthorized use of your MasterCard once you notify us orally or in writing of the loss, theft, or possible unauthorized use and you meet the following conditions: (1) you have exercised reasonable care with your Card; (2) you lave not reported two or more incidents of unauthorized use of your Card within the previous 12 months; and (3) you have maintained your Account in good standing. MasterCard’s zero Hability policy does not apply to cash advances obtained at an ATM. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.00. CREDIT LIMITS: The Credit Union will establish a line of credit for you and notify you of its amount when the Card is sent to you. You promise that payments we make for your Account resulting from use of the Card will at no time cause the outstanding balance of your Account to exceed your credit limit as established by us or as adjusted from time to time at our discretion. Notwithstanding the foregoing, in our discretion we may choose to approve a transaction you have requested that would cause you to exceed your approved credit limit and you will be responsible for such transactions. Each payment you make on the Account will restore your credit limit by that amount of the payment which is applied to the principal balance of purchases and cash advances. The Credit union has the right to reduce or terminate your credit limit at any time. PROMISE TO PAY: You promise to pay us in U.S. dollars for (a) all purchases, cash advances, and balance transfers made by you or anyone whom you authorize to use the Card or Account; (b) INTEREST CHARGES and other charges or fees; (c) collection costs and attorney’s fees as permitted by applicable law, and any costs incurred in the recovery of the Card; and (d) credit in excess of your credit limit that we may extend to you. At the end of each monthly billing cycle for which you have a balance on your Account, you will be furnished with a periodic statement showing (i) the “Previous Balance” (the outstanding balance in the Account at the beginning of the billing cycle), Gi} the amount of all cash advances, purchases, balance transfers, late charges, INTEREST CHARGES, and other charges or fees posted to your Account during the billing cycle, (iii) the amount of all payments and credits posted to your Account during the billing cycle, and (iv) the “New Balance” which is the sum of (i) and (ii) minus (iit). You agree to pay on or before the “Payment Due Date” shown on the monthly periodic statement the entire new balance or a minimum payment equal to 2% of the new balance or $18, whichever is greater, plus any ammount in excess of the credit limit established by us. If the new balance is $18 ot less, you agree to pay it in full. You may make extra payments in advance of the due date without a penalty, and you may tepay any funds advanced, credit extended, or amount outstanding at any time without a penalty for carly payment. Regardless of the amount of any extra payment during a given month, a monihly payment will be required the following month ifa balance remains on your Account. CREDIT INSURANCE: Credit insurance is not required for any extension of credit under the Agreement. However, if available, you may purchase credit insurance through the Credit Union and have the premium added to the outstandingbalance in your Account. If you elect to do so, you will be given the necessary disclosures and documents separately. Credit insurance is not available for TDECU Business Accounts. TERMINATION OR CHANGES: The Credit Union may add to, delete, or change the terms of this Agreement from time to time. Notice of any change will be given in accordance with applicable law. If permitted by law and specified in the notice to you, the change will apply to your existing Account balance as well as to future transactions. Either you or the Credit Union may terminate this Agreement at any time, but termination by you or the Credit Union will not affect your obligation to pay the Account balance plus any INTEREST CHARGES and other charges you owe under this Agreement. You are also responsible for ali transactions made to your Account after termination, unless the transactions were unauthorized. The Cards and convenience checks you receive remain the property of the Credit Union and you must surrender to the Credit Union all Cards and convenience checks upon request or upon termination of this Agreement whether by you or the Credit Union. DEFAULT: You will be in default: (1) if you fail to make any payment on time; (2) if you fail to keep any promises you have made under this or any other agreement with the Credit Union; (3) if you are the subject of an order for relief under Title 11 of the U.S, Code (Bankruptcy); (4) if anyone tries, by legal process, to take any of your money in the Credit Union (5) if you have given the Credit Union false or inaccurate information in obtaining your Card; or (6) if anything happens or any condition exists which the Credit Union reasonably believes impairs your ability to repay what you owe. ACCELERATION: If you are in default, the Credit Union may, without prior notice to you, call any amounts you still owe immediately due and payable plus INTEREST CHARGES which shall continue to accrue until the entire amount is paid. You expressly waive any right to notice or demand, including but not limited to, demand upon default, notice of intention to accelerate and notice of acceleration. ‘The Card remains the property of the Credit Union at all times and you agree to immediately surrender the Card upon demand of the Credit Union. You agree to pay all reasonable costs of collection, including court costs and attorney’s fees imposed, and any cost incurred in the recovery of the Card. COST OF CREDIT: You will pay an INTEREST CHARGE for all advances made against your Account. If your Account features an Introductory Rate, you will pay an Introductory Rate for all advances made against your Account at the Daily Periodic Rate and corresponding ANNUAL PERCENTAGE RATE (“APR”) set forth in the Additional Disclosure attached and incorporated into this Agreement. Any Introductory Rate applicable to your Account will apply for the time period as set forth in the Additional Disclosure. Afler any Introductory Rate period, or if an Introductory Rate does not apply to your Account, the Standard Rate periodic rate for your Account will range from .0218904% per day te .0492877% per day, which corresponds to an ANNUAL PERCENTAGE RATE which ranges from 7.99% to 17.99%. Your precise Standard Rate will be determined by review of your credit report and based on your creditworthiness and is disclosed im the Additional Disclosure. In addition, after your Account is opened, we may review your credit report periodicaily from time to time at our discretion and adjust your Standard Rate within the ranges above according to your credit score. You will be notified no less than 45 days prior to any tate change. Cash advances Gincluding balance transfers) incur an INTEREST CHARGE from the date they are posted to the Account. If you have paid your Account in full by the duc date shown on the previous monthly statement, or there is no previous balance, you have not less than 25 days toe repay your Account balance before an INTEREST CHARGE on the current purchases will be imposed. If you have not paid your Account in fall by the due date shown on the previous monthly statement, you have no prace period in which to repay your Account balance before an INTEREST CHARGE on current purchases will be imposed, and such INTEREST CHARGE will begin on the date such purchases are posted to your Account. No additional INTEREST CHARGE will be incurred whenever you pay the Account in full by the Payment Due Date shown on your monthly periodic statement. The INFEREST CHARGE is figured by applying the periodic rate to the “balance subject to INTEREST CHARGE,” which is the “average daily balance” of your Account, including certain current transactions. The “average daily balance” is arrived at by taking the beginning balance of your Account each day and adding any new cash advances (including balance transfers), and, unless you pay your Account in full by the due date shown on your previous monthly statement or there is no previous balance, adding in new purchases, and subtracting any payments or credits and unpaid INTEREST CHARGES. The daily balances for the billing cycle are then added togcther and divided by the number of days in the billing cycle. The resnit is the “average daily balance.” The INTEREST CHARGE is determined by multiplying the “average daily balance” by the onmber of days in the billing cycle and applying the periodic rate to the product, The INTEREST CHARGE for certain categories of transactions subject to an introductory rate or a promotional rate may be separately calculated for those category balances. You may pay any amounts outstanding at any time without penalty for early payment.ACCOUNTS WITH DIFFERENT APRS: Payments made in excess of the required minimum payment will be applied to the balance with the highest APR before any such excess payments are applied to balances with lower APRs. CASH ADVANCE FEE; You will not be charged a cash advance fee by the Credit Union. If an advance is made by another institution, the other institution may impose a fee. If you obtain a cash advance by using an automated teller machine (ATM), any fee imposed upon the Credit Union by the owner or operator of the machine may be passed on to you. Any charge made under this paragraph will be added to the balance of your Account and treated as a cash advance. ANNUAL FEE: You will not be charged an annual fee for the issuance or use of the Card. LATE CHARGE: If we do not receive your required minimum payment within 10 days of the payment due date, you will be charged a late fee as set forth in the Additional Disclosure. RETURNED PAYMENT FEE: We will charge you a Returned Check Fee each time you send us a payment that is returned unpaid for any reason. We will charge you this fee each time any payment is returned unpaid, even if it is paid upon resubmission. The amount of the Returned Check Fee is set forth in the Additional Disclosure, OVER-THE-CREDIT-LIMIT FEE: Over-the-Credit-Limit coverage is optional and can be added or removed at your discretion by notifying TDECU. If you have expressly opted-in for this coverage, we will charge you an Over-the-Credit- Limit Fee when we approve such transactions. In some cases we may still decline a transaction that would cause you to go over your limit, such as if you are past due, you are significantly over your credit limit, or for any other reason we may decide in our sole discretion. The amount of the Over-the-Credit-Limit fee is set forth in the Additional Disclosure. BALANCE TRANSFER FEE: If you request to transfer a balance to your Account, we will charge a Balance Transfer Fee as set forth in the Additional Disclosure. JELEPHONE PAYMENT THROUGH TDECU: If you make a telephone request to make a payment within 24 hours of payment due date, we will charge a Telephone Payment fee as set forth in the Additional Disclosure. CREDITING OF PAYMENTS: All payments made on your Account at (i) the address designated for payment on the monthly periodic statement, (ii) through the gotomycard.com website and (ii) made to a member service representative at any of our branch offices will be credited to your Account on the date of receipt. If the date of receipt for a mailed payment or a payment made at a branch drop box is not a business day, your payment will be credited on the first business day following receipt. The reqnired minimum payment for your Account will be applied first to collection costs, then to any INTEREST CHARGES and other fees due, and then to the unpaid principal balance. Interest paid or agreed to be paid shall not exceed the maximum amount permissible under applicable law, and in any contingency whatsoever, if we shall receive anything of value deemed interest under applicable law which would exceed the maximum amount of interest permissible under applicable law, the excessive interest shall be applied to the reduction of the unpaid principal amount or refunded to you. BALANCE TRANSFERS: If you request a balance transfer to be made, you should not rely on a balance transfer to be made by any particular datc. Although most balance transfers will be made sooner, it could take up to three weeks before payment to your other Account is made. Accordingly, you should continue to make all required payments on your other accounts until you confirm that the balance transfer has been made. Balance transfers may not exceed your available credit. Balance transfer requests will be processed in the order you list thern on the balance transfer request form or additional sheet if included. If a balance transfer request is more than the available credit limit, we will automatically lower the balance transfer amount to your available credit and complete the transfer. We will not close your other accounts, even if you transfer the entire balance. If you want te close your other accounts, you should contact the issuer directly. Transfer of a balance that contains disputed purchases or other charges may cause you to lose any dispute rights you may have with regard to those purchases or other charges. There is no grace period for balance transfers, CREDIT INVESTIGATION: In conjunction with your application for credit and, if approved, maintenance of your Account, you agree that we have the right to investigate your credit and employment history, to verify your credit 4references, to request and use credit reports, and to report the way you pay your Account to credit bureaus and other interested parties. We may report the status and payment history of your Account to the credit reporting agencies each month. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of this Agreement. Hf you believe that the information we have reported to the credit reporting agencies is inaccurate or incomplete, please notify us in writing at Texas Dow Emptoyees Credit Union, 1001 FM 2004, Lake Jackson, TX 77566-4012. Please include your name, address, home telephone mumber, and Account number. CONVENIENCE CHECKS: The Credit Union may issue checks at our discretion that may be used for any purpose other than making payment for credit to your Account. By signing such checks, you authorize us to pay the item for the amount indicated and post such amount as a cash advance to your Account. We do not have to pay any item that would cause the outstanding balance in your Account to exceed your credit limit. ILLEGAL TRANSACTIONS: You may not use your Card or Account for any illegal purpose or unlawful transactions. You agree that we may decline to process any transaction that we believe in good faith to be for an illegal purpose. You agree that we will not be liable for declining to process any such transaction. If we do process any transaction that ultimately is determined to have been for an illegal purpose, you agree that you will remain liable to us under this Agreement for any such transaction notwithstanding its illegal nature. You agree that any illegal use of the Card will be deemed an act of default under this Agreement. You further agree to waive any right to take legal action against us for your itlegal use of the Card and to indemnify, defend, and MasterCard International, Inc. harmless from and against any lawsuits, other legal action, or liability that results directly or indirectly from such illegal use. FOREIGN TRANSACTIONS: If you effect a foreign transaction with your MasterCard, MasterCard International will convert the charge into a U.S. dollar amount. MasterCard International will use its currency conversion procedure, which is disclosed to institutions that issue MasterCard cards. Currently, the currency conversion rate used by MasterCard International to determine the transaction amount in U.S. dollars for such transactions is generaily either a government- mandated exchange rate or a wholesale exchange rate selected by MasterCard International for the applicable currency on the day the transaction is processed, which rafe may differ from the applicable rate on the date the transaction occurred or when the transaction is posted to your Account. ADDITIONAL PROVISIONS: Each provision of this Agreement must be considered part of the total Agreement and cannot in any way be severed from it. However, if any provision of this Agreement is finally determined to be void or unenforceable under any law, rule, or regulation, all other provisions of this Agreement will remain valid and enforceable. You understand that the validity, construction, and enforcement of this Agreement is governed by the laws of the State of Texas to the extent not preempted by applicable federal law, and it is performable in Brazoria County, Texas. We do not warrant any merchandise or services purchased by you with the Card. All purchases and cash advances are extended at the option of the merchant or cash advancing financial institution and the Credit Union is not responsible for the refusal of any merchant or financial institution to honor your Card. The Card remains our property at all times and you agree to immediately surrender the Card upon demand. You agree to pay ail reasonable costs of collection, including court costs and attorney’s fees, and any costs incurred in the recovery of the Card. We can accept late payments or partial payments, or checks or money orders marked “payment in full” without losing any of our rights under this Agreement. We can also waive or delay enforcing any of our rights under this Agreement without losing them. You expressly waive presentment for paymeni, demand, protest, and notice of protest and dishonor of same. You agree to give us prompt notice of any change in your name, mailing address, telephone number or place of employment. RECEIPT OF AND AGREEMENT TO TERMS AND CONDITIONS OF AGREEMENT: By signing an application for the Card or by using the Card, you agree to all the terms and conditions and promise to perform all the obligations, requirements, and duties contained in this Agreement, and you acknowledge receipt of a copy of this Agreement.  INTEREST RATES AND INTEREST CHARGES   Annual Percentage Rate 0% Introductory APR for six months   (APR) for Purchases After that, the Standard APR will range from 7.99% to 17.99%, based on your creditworthiness APR for Balance Transfers| 0% introductory APR for nine months* After that, the Standard APR will range from 7.99% to 17.99%, based on your creditworthiness   APR for Cash Advances 0% introductory APR for six months After that, the Standard APR will range fram 7.99% te 17.99%, based on your creditworthiness   How to Avoid Paying Interest on Purchases Your due date is at least 25 days after the close of cach billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month.   For Credit Card Tips from To learn more about factors to consider when     The Federal Reserve Board] applying for or using a credit card, visit the website Of the Federal Reserve Board at: www federalreserve.gov/creditcard. FEES Annual Fee None   Transaction Fees * Balance Transfer Fither $10 or 2% of the amount of each transfer, whichever is greater Gnaximum fee:$50)     Penalty Fees e Late Payment ® Returned Payment © Over-the-Credit Limit   Up to $25 Up to $25 Up to $25   *Your completed balance transfer form must be received within 5 business days from account opening. How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).”  The following terms supplement the fee terms in your Agreement: LATE CHARGE: Up to $25.00 RETURNED CHECK FEE: Up to $25.00 OVER-THE-GREDIT-LIMIT FEE: Up to $25.00 BALANCE TRANSFER FEE: 2% of the balance transferred, with a minimum of $10.00 and a maximum of $50,00 TELEPHONE PAYMENT FEE: $5.00 FEDEX FEE FOR EXPEDITING LOST, STOLEN, OR ADDITIONAL CARD: $37.50 Fees are subjeci to change from time to time. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights arid our responsibilities under the Fair Credit Billing Act. What fo Do if You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at. Town North Bank Card Services A Fifth Third Processing Solutions Company P O Box 815908 Dallas, Texas 75381-5909 In your letter, give us the following information: + Account information: Your name and account number. * Dofar amount: The dollar amount of the suspected error. * Description of problem: if you think there is an error on your statement, 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 ic stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may cail 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 Lefer When we receive your letter, we must do two things: 1. Within 30 days of receiving your jetter, 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 Jetter, we must either correct the error or explain to you why we believe your statement is correct. While we investigate whether or not there has been an error: * We cannot try to collect the amount in question, or report you as delinquent on that amount. * The charge in question may remain on your statement, and we may continue to charge you interest on that amount. « While you do not have to pay the amount in question, you are responsible for the remainder of your balance. * We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: * if we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. « if we do not beffeve 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 statement is wrong, you must write to us within 70 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 statement. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the maiter has been setiled 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 !f you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in geod 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 Town North Bank Card Services A Fifth Third Processing Solutions Company P © Box 815909 Dallas, Texas 75384-5909 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. Cusiomer Service: (800) 442-4757, 24 hours a day / 7 days a week