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Credit Card Agreement 

1.    INTRODUCTION.  Your  TD  Bank  VISA®∗
  Card  account  (“Account”)  is  subject  to  this  Credit  Card  Agreement, 
including the Interest Rate and Fee Schedule we send with your credit card(s) (“Card”) when we open an Account 
for  you.  This  Personal  Credit  Card  Agreement,  the  Interest  Rate  and  Fee  Schedule  and  the  application  or 
solicitation you submitted for this Account are all a part of and collectively referred to as the “Agreement.” Please 
read and keep this Agreement for your records.  

You,  your  and  yours  mean  each  person  who  applied  for  the  Account  and  the  person  to  whom  we  direct  billing 
statements  (“Statements”).  We,  us,  our  and  TD  Bank  mean  TD  Bank,  N.A.,  a  national  bank  with  its  main  office 
located in Delaware, and its successors and assigns. Authorized User means any other person to whom you give 
permission to use your Account.   

A.  Account  Use  and  Acceptance.  By  accepting  your  Card  and  using  or  maintaining  your  Account,  or  letting 
someone else use your Card or your Account, you agree to all of the terms of this Agreement. You acknowledge 
that  you  received  a  copy  of  this  Agreement.  Your  signature  on  your  application  or  solicitation  for  this  Account, 
including  without  limitation  any  electronic  signature  or  oral  acceptance  of  a  telephone  offer,  your  Card  or  any 
Account-related document represents your signature on this Agreement. 

You agree that you and each Authorized User will not use your Card or Account for any unlawful or illegal 
purposes.  Such transactions include, but are not limited to, online gambling transactions, the purchase of 
lottery  tickets  or  casino  chips  or  off-track  betting  and  wagering.  We  reserve  the  right  to  block  all  such 
transactions.  If  any  such  charge  or  transaction  is  approved  and  processed,  you  will  still  be  liable  for  the 
charge.  

B. Promise to Pay. You promise to pay us for all purchases, balance transfers and cash advances resulting from 
the use of your Card or Account, plus interest charges and all other fees and charges owed under this Agreement 
(including without limitation all purchases and cash advances made by an Authorized User). 

2.    GOVERNING  LAW.  Applicable  federal  law  and  the  substantive  laws  of  the  State  of  Delaware  (to  the 
extent not preempted by federal law) without regard to principles of conflicts of law or choice of law shall 
govern this Agreement. To the extent any court determines that this Agreement is subject to Maryland law 
concerning  credit,  you  and  TD  Bank  agree  that  your  Account  is  governed  by  Title  12,  Subtitle  9  of  the 
Commercial Law Article of the Annotated Code of Maryland, except as preempted by federal law. 

3.  USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an Account for 
you. Your current credit limit will be shown on each Statement. You also may telephone Customer Service at 1-888-
561-8861 for your current credit limit. You agree to not go over your credit limit. We may permit you to go over your 
credit  limit,  but  we  are  not  required  to  do  so.  If  your  Account  goes  over  your  credit  limit,  you  agree  to  pay  the 
overlimit amount when it is billed or sooner upon our request. 

2. Limit for Cash Advances. We may set a credit limit for the total dollar amount of cash advances that may be 
outstanding from time to time that is lower than the overall credit limit for your Account.  

∗ VISA is a registered trademark and service mark of VISA International Service Association, and is used by TD Bank, N.A. pursuant to a 
license from VISA U.S.A. Inc. 

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3.  Changes  to  Credit  Limit.  In  our  discretion,  at  any  time,  we  may  change  any  credit  limit  that  applies  to  your 
Account. We will notify you if we change any credit limit. You may ask us to change your credit limit by contacting 
Customer  Service  at  P.O.  Box  84037,  Columbus,  GA  31908-4037,  by  first  class  mail,  postage  prepaid,  or  by 
telephoning Customer Service at 1-888-561-8861. We do not have to agree to any such request.   

B. Types of Transactions. 

1. Purchases. You may use your Card to pay for the purchase or lease of goods or services wherever your Card is 
honored. If you use your Card to purchase or lease goods or services by telephone, mail or internet, you agree that 
your signature is not necessary as identification in such cases.  

2.  Cash  Advances.  You  may  use  your  Card  to  obtain  cash  advances  wherever  your  Card  is  honored  for  cash 
advances. For example, your Card may be used to obtain cash advances at ATMs displaying the VISA logo and 
from  participating  financial  institutions  honoring  VISA  credit  cards.  You  may  be  required  to  sign  a  special  form 
and/or provide your personal identification number (PIN). Please select a PIN that is not easily identifiable and does 
not consist of one single number (for example, “1111”) or consecutive numbers. PINs should also not be based on 
or include your birth date, zip code or Account number. Please do not write your PIN on your Card and do not keep 
your PIN with or near your Card or any Access Device.  See the Interest Rate and Fee Schedule on the card mailer 
for Cash Advance fee details.  

3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties 
(but  not  us  or  our  affiliates)  to  your  Account.  We  may  limit  the  number  and  types  of  credit  card  accounts  from 
which we will allow you to transfer balances and the times, amounts, manner and circumstances in which Balance 
Transfers  may  be  requested.  The  minimum  Balance  Transfer  amount  is  $250  (plus  the  Balance  Transfer 
Transaction Fee). See the Interest Rate and Fee Schedule on the card mailer for Balance Transfer Transaction 
Fee details. 

Introductory  or  Promotional  APRs  on  Balance  Transfers:  We  may  from  time  to  time  make  available  certain 
promotional Annual Percentages Rate (APRs) on balance transfer transactions. See Section 4 – Interest Charges, 
subsection D for details on how to avoid paying interest on new purchases if you take advantage of a 0% 
introductory or promotional APR Balance Transfer offer. 

4. Access Devices. We may from time to time issue additional Account access devices (“Access Devices”). Access 
Devices  may  include,  for example,  special  checks  you  may  use  to  obtain  cash  advances  or  oral offers  or  written 
forms by which you may request balance transfers. Each Access Device must be in the form we issue and must be 
used  according  to  the  instructions  we  give  you.  We  may  refuse  to  process  Access  Devices  received  after  any 
applicable expiration date. We will not return paid Access Devices to you. Access Devices may not be used to pay 
any amount owed to us or our affiliates. We will not certify any Access Device. You may not post-date any Access 
Device. We may refuse to process a post-dated Access Device or process it before the date on the Access Device. 

5. Foreign Transactions. If you use your Account to make a purchase or cash advance in a foreign currency, the 
transaction will be converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) 
from the range of rates available in wholesale currency markets for the applicable central processing date (which 
may vary from the rate VISA U.S.A. Inc. itself receives) or the government-mandated rate in effect for the applicable 
central  processing  date.  The  currency  conversion  rate  used  by  VISA  U.S.A.  Inc.  (or  any  of  its  affiliates)  on  the 
currency conversion date may differ from the exchange rate in effect on the day you made the transaction or on the 
day the transaction is posted to your Account. 

C. Stop Payment. If you want us to stop payment on an Access Device, notify Customer Service immediately at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-888-561-8861.  If 
you call, you must confirm your request in writing within 14 days. A written stop payment request will remain in effect 
for six months unless renewed in writing. Call or write us with your stop payment request as soon as possible after 
you have submitted the Access Device and give us information about the Access Device to help us identify it. 

If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay 
that Access Device despite these efforts, we will not be liable to you for paying that Access Device. We may not be 
able to stop payment if you call or write us after we have started processing the Access Device. A Stop Payment 
Fee may apply. 

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D.  Refusal  to  Honor  Your  Card  or  Access  Device.  A  merchant,  business  or  financial  institution  may  refuse  to 
honor your Card or Access Device. You and each Authorized User agree that you have no legal claims or damages 
against us or anyone else if your use of your Account is denied by any merchant, business or financial institution. 

E. Statements. 

1. General. At the end of each monthly billing cycle (“Billing Cycle”), if there was activity on your Account, we will 
send you a Statement showing what you owe (the “New Balance”) as of the end of the Billing Cycle. The Statement 
will show any interest charges you owe, the minimum payment due, the payment due date, your current credit limit, 
an itemized list of fees, charges, payments and credits posted to your Account during the Billing Cycle and other 
important information. We will mail or deliver the Statement to the address we have on file for your Account.  

2. Change of Address. You must notify us promptly of any change in your address by contacting Customer Service 
at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by calling us at 1-888-561-
8861.  You may also update your address online via tdcardservices.com. Until we receive, process and verify your 
new address, we will continue to send Statements and other notices to the last address we have on file for your 
Account.  

F.  Credit  Balance.  We  will  make  a  good  faith  effort  to  return  to  you  any  credit  balance  that  has  been  on  your 
Account longer than six consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also 
request a refund of a credit balance on your Account at any time by sending your request to Customer Service at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. We may reduce the amount of 
any credit balance on your Account by applying the credit balance towards new fees and charges posted to your 
Account. We do not pay any interest on credit balances.  

G.  Payments.  You  may  at  any  time  pay  off  the  full  unpaid  balance  or  part  of  the  unpaid  balance  under  this 
Agreement. 

1. Minimum Payment. If you have an outstanding balance, we must receive your minimum payment as set forth in 
section 2 "Making Payments" below. The minimum payment will be the greater of 

(i) 
(ii) 

$35, or  
One percent (1%) of the New Balance plus: 
(a) 
(b) 
(c) 

The periodic interest charges for the Billing Cycle; or 
The minimum Interest Charge owed for the Billing Cycle; plus 
The  full  amount  of  the  Late  Payment  Fee  or  other  applicable  fees  owed 
(excluding any Annual Membership, Cash Advance, and Balance Transfer). 

In addition, any past due minimum payment amounts will be added to your current minimum payment due. 

If your New Balance is less than $35, your minimum payment will equal your New Balance.   

Credits, adjustments, refunds, prepayments and similar Account transactions may not be used in place of payment 
of  any  portion  of  a  required  minimum  payment.  You  may  pay  more  than  the  minimum  payment  due  (this  is  a 
prepayment) without any penalty. The sooner you pay the New Balance, the less you will pay in interest charges. A 
prepayment in one Billing Cycle will not excuse you from paying the minimum payment due in the next Billing Cycle.  

2. Making Payments. Payments may be made by mail, online, at a TD Bank store or over the phone.  All payments 
must  be  in  U.S.  dollars  and,  if  applicable,  drawn  on  a  U.S.  bank.  Business  Day  is  defined  as  Monday  through 
Friday, excluding federal holidays. 

a.  By  Mail.  Send  a  check  or  money  order  to  the  payment  address  shown  on  your  Statement  with  the 
payment stub from your Statement. Do not mail any cash payments. A properly addressed payment with 
the payment stub will be credited to your Account as of the date received if we receive it by 5 p.m. Eastern 
Time  on  a  Business  Day.  A  properly  addressed  payment  with  the  payment  stub  received  after  5  p.m. 
Eastern  Time  or  on  a  day  that  is  not  a  Business  Day  will  be  credited  to  your  Account  as  of  the  next 
Business Day. You agree to not give us any post-dated check as payment on your Account. If the payment 
due date falls on a day on which we do not receive or accept payments, the payment will not be treated as 
late if received the next Business Day.  

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b. Online. You may pay online by logging in to our website. A payment made online will be credited to your 
Account  as  of  the  date  received  if  we  receive  it  by  5  p.m.  Eastern  Time  on  a  Business  Day.  Online 
payments received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your 
Account as of the next Business Day.   

c. At TD Bank Stores. You may make a payment in person to one of our employees at a TD Bank store. A 
payment made at a TD Bank store will be credited to your Account as of the date received if we receive it 
by the close of business for that location.  

d.  By  Phone.  You  may  pay  by  phone  by  calling  1-888-561-8861.  A  payment  made  by  phone  will  be 
credited to your Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. 
Phone payments received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited 
to your Account as of the next Business Day.  From time to time, we may allow you to expedite a single 
payment to your Account from a designated bank account of yours by telephone 

e. Delay in Crediting and Available Credit. We may reject or delay crediting payments that do not follow 
the instructions above. For example, there may be a delay of up to five days in crediting a payment by mail 
if it is received at an address other than the address we specify for payments on your Statement or if it is 
received without the required payment stub. Your available credit limit(s) may not reflect the payment for 
up to 15 days after we have credited a payment to your Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 

(i) 
(ii) 

(iii) 

to Interest Charges and other fees; 
to  transactions  (purchases,  balance  transfers,  cash  advances)  with  the  lowest  Daily 
Periodic Rates and corresponding APRs; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

b. Application of Payments in Excess of Minimum Payment.  We will generally apply your payments 
and credits in excess of the minimum payment in the following order: 

(i) 

(ii) 

to  transactions  (purchases,  balance  transfers,  cash  advances)  with  the  highest  Daily 
Periodic Rates and corresponding APRs; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

4. Payments Marked “Paid in Full”.  Any check, money order or other instrument sent in payment on your Account 
marked with “paid in full” or similar notation to settle a debt on your Account that is reasonably in dispute (and any 
accompanying letter or other instructions) must be sent to: TD Bank, P.O. Box 16027, Lewiston, ME  04243-9513, 
Attention: Customer Service. If such payment is sent to any other address, you agree that (i) we may ignore any 
special  notations  or  instructions  on  or  with  the  payment  and  (ii)  our  crediting  any  such  payment  to  your  Account 
does not mean that we have agreed to any special notations or instructions on or with the payment. 

5.  Automatic  Payments.  We  may  allow  you  to  repay  amounts  owed  under  this  Agreement  through  automatic 
payments from a savings or checking account. We may terminate our permission to make automatic payments at 
any time. If we allow automatic payments, no automatic payment will occur unless the savings or checking account 
has sufficient collected funds in it on the Business Day before the payment due date to cover the full amount of the 
minimum payment due (or any larger monthly payment you and we may agree to from time to time). If an automatic 
payment  does  not  occur  for  any  reason,  you  still  must  pay  the  minimum  payment  and  a  Late  Payment  Fee  may 
apply. 

If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, 
you can stop the payment on any amount you think is wrong. To stop the payment write to: TD Bank, P.O. Box  
84037, Columbus, GA 31908- or call 1-888-561-8861. To stop the payment, your letter or telephone call must reach 
us three Business Days before the automatic payment is scheduled to occur.  

6. Electronic Check Conversion. When you send a check as payment, you authorize us either to use information 
from your check to make a one-time electronic fund transfer from your bank account or (at our option) to process the 
payment  as  a  check  transaction.  When  we  use  information  from  your  check  to  make  an  electronic  fund  transfer, 
funds  may  be  withdrawn  from  your  bank  account  on  the  same  day  we  receive  your  payment,  and  you  will  not 
receive your check back from your financial institution. If we cannot process the electronic fund transfer, or if it is 
returned to us, you authorize us to reinitiate the electronic fund transfer from your bank account. Alternatively, we 

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may (at our option) present the original check, a  substitute check, draft or similar negotiable instrument to obtain 
payment. If you have questions about electronic check conversion, you may telephone us at 1-888-561-8861. 

H. Additional Cards and Authorized Users. 

1. Additional Cards. You may request additional Cards and permit Authorized Users to have access to your Card 
or  Account.  You  will  be  liable  for  all  Account  transactions  made  and  all  fees  incurred  by  those  Authorized  Users 
(including  without  limitation  interest  charges).  We  may  limit  the  total  number  of  Cards  and  other  Access  Devices 
issued. 

2. Revoking Authorized User’s Authority. To revoke your permission for any person you previously authorized to 
use your Card or Account, notify Customer Service at P.O. Box 84037, Columbus, GA 31908-4037, by first class 
mail, postage prepaid, or call us at 1-888-561-8861. We reserve the right not to discontinue any Authorized User’s 
ability to use your Account until we have received the Authorized User’s Card and any unused Access Devices in 
the  possession  or  control  of  the  Authorized  User  (cut,  torn,  or  otherwise  deliberately  damaged  to  prevent 
unauthorized  use  by  third  parties).  You  agree  to  send  the  Authorized  User’s  Card  and  any  Access  Devices  to 
Customer Service, P.O. Box 84037, Columbus, GA 31908-4037 upon our request. You will remain responsible for 
all  Account  transactions  by  Authorized  Users  until  we  discontinue  the  Authorized  User’s  authority  to  use  your 
Account. 

If you ask us to revoke an Authorized User’s ability to use your Account, you agree that we will close the affected 
card(s) only to new transactions.  Your Account number will not change. If we do this, you must notify anyone you 
have authorized to submit and post charges to your Account using the affected card.   

I. Lost or Stolen Cards, Account Numbers or Access Devices. If any Card, Account number or Access Device is 
lost or stolen, or if you think someone used or may use them without your permission, notify us AT ONCE by calling 
1-888-561-8861. You agree that we may close your Account to new transactions, change your Account number(s) 
and issue you a new Card(s) and new Access Devices with different Account number(s) if we have been notified of 
the possible loss, theft or unauthorized use. If we do this, you must notify anyone you have authorized to submit and 
post charges to your Account of your new Account number(s). Do not use your Card, Account number or Access 
Device after you notify us, even if your Card or other Access Device is later found or returned. 

Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the unauthorized use of your Account 
or Card that results in a fraudulent transaction made over the VISA network. To be eligible, you must notify 
us immediately of any unauthorized use of your Account or Card. We will provisionally credit you for losses 
from the unauthorized Card use within five Business Days of your notification to us of the loss. The VISA 
Zero Liability Policy does not apply to transactions made at an ATM or to any transactions made using your 
PIN that are not processed by VISA. We may impose greater liability, or withhold, delay, limit or rescind any 
provisional  credit  that  we  provide  to  you  under  the  Zero  Liability  Policy,  based  on  factors  such  as  your 
gross  negligence  or  fraud,  your  delay  in  reporting  unauthorized  use,  our  investigation  and  verification  of 
your  claim,  your  Account standing  and  history  and  other  factors. If  you  are not  eligible  for  the  VISA  Zero 
Liability Policy or it otherwise does not apply, you may be liable for unauthorized use of your Account, but 
not for more than $50. You won’t be liable for any unauthorized use of your Account that occurs after you 
notify us of the loss, theft or possible unauthorized use of your Card, Account number or Access Device. 
We may require you to provide certain information in writing to help us find out what happened. You also 
must identify for us any charges on your Statement that were not made by you or someone authorized by 
you and from which you received no benefit.  

4.  INTEREST CHARGES  

A.  Annual  Percentage  Rates.  Annual  Percentage  Rate  or  APR  means  the  annual  rate  of  interest  charged  on 
Account  balances.  The  APRs  and  corresponding  Daily  Periodic  Rates  for  your  Account  are  listed  in  the  Interest 
Rate and Fee Schedule. To get the Daily Periodic Rate, we divide the APR by 365 and round at the seventh place 
after the decimal point. We may charge different Daily Periodic Rates and APRs on different Account transactions 
(such as purchases, cash advances and balance transfers) or during special promotional periods.  

B. Variable Rates. Your APRs are subject to change each Billing Cycle and are determined each Billing Cycle by 
adding the Margins listed in the Interest Rate and Fee Schedule to the Index. The Index is the Prime Rate (U.S.) 
published in the Money Rates section of The Wall Street Journal. Your APRs may increase if the Index increases. If 
any APR increases, the amount of interest charged and your minimum payment may increase. Any change in the 
APRs will take effect on the first day of the Billing Cycle in which a change to the Index occurs. When a range of 

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rates has been published on the day we calculate the APR, the highest of the rates will be used.  If this Index is no 
longer available we will select a new one. The maximum rate for any variable APR is the applicable Margin plus the 
Index. 

C. Introductory or Promotional APR. We may offer you an introductory or promotional APR for specific Account 
transactions, such as balance transfers. Any introductory or promotional APR offer will be subject to the terms of the 
offer and this Agreement. Upon the expiration of an introductory or promotional APR, the rate will return to the rate 
for the specified type of transaction(s) as stated in this Agreement.  

D. When Interest Charges Begin. Your payment due date is at least 25 days after the close of each Billing Cycle. 
We will not charge you interest on new purchases if you pay your entire balance in full by the payment due date 
each Billing Cycle. We will begin charging interest on cash advances and balance transfers on the transaction date. 
There  is  no  time  period  in  which  you  may  repay  a  cash  advance  or  balance  transfer  and  avoid  imposition  of  an 
interest  charge  If  you  have  a  balance  transfer  balance  on  your  Account  that  is  subject  to  a  0%  introductory  or 
promotional  APR  we  will  not  charge  you  interest  on  new  purchases  during  the  term  of  the  introductory  or 
promotional  offer  if  you  pay  by  the  payment  due  date  of  each  Billing  Cycle  the  amount  that  equals:  (1)  your 
Minimum Payment Due; plus (2) the total outstanding purchase balance; plus (3) the total outstanding cash advance 
balance;  plus  (4)  the  total  amount  of  outstanding  balance  transfer  balances  that  are  not  subject  to  the  0% 
introductory or promotional APR; plus (5) plus any fees that had been assessed to the Account. 

E.  Balance  Calculation  Method  (Average  Daily  Balance  Method  (Including  Current  Transactions)).  In  any 
Billing Cycle in which you owe interest, we will charge interest on your balances of purchases, balance transfers and 
cash advances at the applicable Daily Periodic Rates. We figure the interest charge on your Account by applying 
the periodic rate to the “average daily balance” of your Account. To get the “average daily balance”, we take the 
beginning  balance  of  your  Account  each  day,  add  any  new  transactions  and  fees  and  subtract  any  payments  or 
credits. This gives us the daily balance. Then, we add up all the daily balances for the Billing Cycle and divide the 
total by the number of days in the Billing Cycle. This gives us the “average daily balance”. We compound (charge 
interest on) unpaid interest charges and unpaid fees. 

F. Minimum Interest Charge. If the total interest charges on your Account for a Billing Cycle are greater than zero 
but less than $1, the interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

A. Annual Membership Fee. If your Account has an Annual Membership Fee, it will be billed each year, whether or 
not you use your Account. The amount is listed in the Interest Rate and Fee Schedule. Your payment of the Annual 
Membership  Fee  does  not  affect  our  right  to  close  your  Account  or  limit  your  right  to  make  transactions  on  your 
Account.  

B. Cash Advance and Balance Transfer Transaction Fees.  

1.  Cash  Advance  and  Balance  Transfer  Transaction  Fees.  We  will  charge  a  transaction  fee  on  each  cash 
advance and balance transfer you obtain in the amounts shown in the Interest Rate and Fee Schedule. 

2.    Foreign  Transaction  Fee.  If your Account has a Foreign Transaction Fee, we may  impose a fee equal to a 
certain  percentage  of  the  U.S.  Dollar  amount  of  a  foreign  transaction  as  shown  in  the  Interest  Rate  and  Fee 
Schedule.   

C. Late Payment Fee. The first time we do not receive a required minimum payment when due, we may charge a 
Late Payment Fee of the minimum payment due or $25, whichever is less.  If over the next six Billing Cycles, the 
minimum payment is not received when due, we may charge a Late Payment Fee of the minimum payment due or 
$35, whichever is less.  

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up 
to $5 for each copy of a payment check or written Access Device you request. However, we will not charge you for 
copies  of  documents  that  you  request  in  connection  with  a  billing  error/inquiry  you  may  assert  against  us  under 
applicable law.  

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2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to 
replace a lost or stolen Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment 
Fee of $39. 

6.  DEFAULT 

A. Events of Default.  Subject to restrictions of applicable law, you will be in default and we will not be obligated to 
honor any attempted use of your Account (even if we do not give you advance notice) if any of the following events 
occurs: 

•  We do not receive any payment required by this Agreement when such payment is due. 
•  You exceed any credit limit. 
•  You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
•  You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or 

filing. 

•  You give us false or misleading information at any time in connection with your Account. 
•  You  send  us  more  than  one check  or  similar  instrument  that  is  returned to  us unpaid  or  any  automatic, 
electronic or other payment on your Account cannot be processed or is returned unpaid, for any reason, 
within the last six Billing Cycles. 

•  You breach or otherwise fail to comply with any term or condition of this Agreement. 
•  We  have  reason  to  suspect  that  you  or  any  Authorized  User  may  have  engaged  or  participated  in  any 
unusual, suspicious, fraudulent or illegal activity on your Account or any other account or loan you have 
with us or our affiliates. 

•  You do not give us any updating information about your finances, employment or any other information we 

may reasonably request, promptly after our request. 

B.  Our  Rights  After  Default. In the event of default, we may  close  your Account, require you to pay the unpaid 
balance in full or take any other action permitted by applicable law. 

C.  Collection  Costs.  If  we  refer  any  past  due  amounts  you  owe  under  this  Agreement to  a  collection agency  or 
lawyer for collection, you agree to pay us our reasonable costs of collection, including without limitation collection 
agency fees, court costs and attorneys’ fees actually incurred by us, to the fullest extent permitted by applicable law. 

7. CLOSING YOUR ACCOUNT 

A. We May Close Your Account. Except where prohibited by applicable law, we may close your Account to new 
transactions at any time, for any reason and without prior notice.  

B. You May Ask Us to Close Your Account. You may ask us to close your Account to new transactions at any 
time  by  notifying  Customer  Service  in  writing  at  P.O.  Box  84037,  Columbus,  GA  31908-4037,  by  first  class  mail, 
postage  prepaid,  or  contacting  us  at  1-888-561-8861.  If  you  request  to  close  your  Account  by  phone,  we  may 
require a written notice from you.  

C. After Your Account is Closed. After your Account is closed, you still must pay us any unpaid amounts under 
this Agreement. We will not be liable to you for any consequences resulting from closing your Account. You agree to 
cut, tear or otherwise deliberately damage all Cards and unused Access Devices in your or any Authorized User’s 
possession  or  control  to  prevent  unauthorized  use  by  third  parties  and,  upon  our  request,  return  such  Cards  or 
Access Devices to us at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. 

8.  CHANGING  THIS  AGREEMENT.  We  may  change  this  Agreement,  including  (for  example)  changing  the 
addresses  and  telephone  numbers  you  should  use  to  contact  us,  changing  fees,  adding  new  fees,  changing  the 
Daily Periodic Rates and corresponding APRs or increasing your required minimum payment. We may change this 
Agreement  based  on  economic  or  market  conditions,  our  business  strategies  or  for  any  other  reason  (including 
reasons unrelated to you or your Account). Any changes we make to this Agreement may apply to new transactions 
and/or  then-existing  balances  as  described  in  any  notice  we  are  required  to  provide  to  you.  We  will  notify  you  of 
changes to this Agreement as required by applicable law. We will mail any required written notice to the address we 
have on file for your Account. 

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9. INFORMATION SHARING 

8 

A.  Credit  Information.  We  may  review  your  credit  history  by  obtaining  information  from  consumer  reporting 
agencies  and  others.  We  may  report  information  about  your  Account  to  credit  bureaus.  Late  payments,  missed 
payments  or  other  defaults  on  your  Account  may  be  reflected  in  your  credit  report.  We  may  report  Account 
information on Authorized Users. 

B.  How  to  Dispute  Reports  Regarding  Your  Account.  If  you  think  the  information  we  furnished  to  consumer 
reporting agencies on your Account is not accurate please write to us at: P.O. Box 84037, Columbus, GA 31908-
4037. With your letter, please provide us with: 

•  Your name, address and telephone number;  
•  The Account number(s) for the Account(s) you are disputing;  
•  A description of the specific information you are disputing and an explanation of the basis for your dispute; 

and  

•  Copies of documents that support your dispute. These could include (but are not limited to): a copy of your 
consumer  report  showing  the  information  that  you  are  disputing,  your  Statements,  a  court  order  or  (if 
applicable) a copy of a police report or fraud or identity theft affidavit. 

If you fail to provide us with the information listed above, we may be unable to investigate your dispute.  We will 
notify you of the results of our investigation within 30 days of receiving your dispute. A delay may be experienced if 
the  dispute  is  not  mailed  to  the  address  above.  We  may  take  up  to  45  days  to  investigate  your  dispute  if,  after 
providing  us  with  your  initial  notice  of  dispute,  you  provide  us  with  additional  information  that  is  relevant  to  our 
investigation.  If  our  investigation  finds  that  the  information  you  are  disputing  was  inaccurate,  we  will  notify  the 
consumer reporting agency of our determination and provide the consumer reporting agency  with the information 
necessary to correct the inaccuracy.  

We will have no duty to investigate disputes that are substantially similar to a prior dispute that we have responded 
to, or that relate to your identifying information (such as your name, date of birth, Social Security number, telephone 
number  or  address),  inquiries  appearing  on  your  consumer  report,  information  from  public  records  (such  as 
judgments,  liens,  or  bankruptcies,  unless  these  matters  relate  to  your  Account(s)  with  us),  information  related  to 
fraud or active duty alerts on your report, or information provided to the consumer reporting agency from someone 
other than us. We will also have no duty to investigate your dispute if we reasonably believe it was submitted or 
prepared by (or if you submitted it on a form provided by) a credit repair organization. If we determine that we will 
not investigate your dispute for one of these (or some other) reasons we will notify you of that determination within 
five Business Days. 

C. Telephone Monitoring and Recording. You consent to and authorize us and any of our affiliates, agents and 
marketing  associates  to  monitor  and/or  record  any  of  your  telephone  conversations  with  any  of  our  or  their 
representatives for quality control, training and other lawful purposes. 

D. Telephone Numbers.. 
When you give us your mobile phone number, we have your permission to contact you at that number about all of 
your  TD  Bank  accounts.  Your  consent  allows  us  to  use  text  messaging,  artificial  or prerecorded  voice  messages 
and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. 
In may include contact from  companies working on our behalf to service your accounts.  Message and data rates 
may apply. You may contact us anytime to change these preferences. 

E. Account Benefits. We may offer you certain third-party benefits and services with your Account, as outlined in 
benefits brochures or other documents and internet web sites. For example, certain eligible purchases charged with 
a VISA® Card may be eligible for certain benefits or services through VISA U.S.A. Inc. (or its affiliates). Any benefits 
or services we make available through third parties (including without limitation VISA U.S.A. Inc.) are not a part of 
this Agreement, but are subject to the terms and restrictions outlined in the applicable benefits brochures or other 
documents or internet web sites provided or made available to you from time to time. You agree that we may give 
information  about  you,  any  Authorized  User,  and  your  Account,  to  any  third  party  reasonably  needing  the 
information to provide you with such benefits or services. You also agree that we or any third party providing any 
Account-related benefits or services may change, add, or delete benefits or services at any time without notice.  

10. MISCELLANEOUS 

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9 

A. Certain Waivers. You waive the right of “presentment” and “notice of dishonor.” “Presentment” means the right 
to  require  us  to  demand  payment  of  amounts  due  under  this  Agreement.  “Notice  of  dishonor”  means  the  right  to 
require  us  to  give  notice  to other  persons  that  amounts  due  under  this  Agreement  have  not been  paid.  You  also 
waive  demand  for  payment,  protest,  notice  of  protest  and  all  other  notices  and  demands,  to  the  fullest  extent 
permitted by applicable law. 

B. Assignment. We may assign your Account and our rights under this Agreement to our affiliates or to some other 
financial institution or company without advance notice to you. That entity will take our place in this Agreement if we 
do this. You may not assign  or transfer your Account or any of your responsibilities under this Agreement to any 
other person. 

C. No Security. Your Account is unsecured. We are not taking a security interest in any property in connection with 
your Account.  

D. Evidence. You agree that we may use a copy, microfilm, microfiche or digital image of any Statement or other 
document  to  prove  what  you owe  us  and  that  the  copy,  microfilm,  microfiche  or  digital  image  will  have  the  same 
validity as the original.  

E. Captions and Interpretation. The captions used in this Agreement are for convenience only. They do not affect 
the meaning of the paragraphs in this Agreement.  

F. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect. 

G. Delay in Enforcement/No Waiver. We may delay or waive enforcing any of our rights or remedies under this 
Agreement or under applicable law without losing any of those rights or remedies. Even if we do not enforce our 
rights or remedies at any one time, we may enforce them at a later time.  

H. Entire Agreement. The Agreement is the entire agreement between you and us relating to your Account. The 
Agreement  replaces  any  other  agreement  relating  to  your  Account  that  you  and  we  made  earlier  or  at  the  same 
time. In the event of a conflict between this Personal Credit Card Agreement and any other document (including the 
other documents that are collectively called the Agreement), this Personal Credit Card Agreement will control unless 
otherwise expressly provided in the other document. 

NJ  RESIDENTS: Because  certain provisions of this Agreement are subject to applicable laws, they may be void, 
unenforceable  or  inapplicable  in  some  jurisdictions.  None  of  these  provisions,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

Cardholder:  Your name, address and signature (including any electronic or digital signature) and the date 
on any application or solicitation or on any sales slip or other evidence of indebtedness on your Account 
represents your name, address and signature and the date on this Agreement. 

YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE 
rights and our responsibilities under the Fair Credit Billing Act. 

This  notice  tells  you  about  your 

What To Do If You Find a Mistake on Your Statement 

If you think there is an error on your bill, write to us at: 
TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 
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 bill. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment on the 

amount you think is wrong. 

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10 

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: 

•  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  bill,  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 reported you as delinquent, and we must 
let those organizations know when the matter has been settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if 
your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with a credit card, and you have tried 
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due 
on the purchase.   

To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, 
and  the  purchase  price  must  have  been  more  than  $50.00.    (Note:  Neither  of  these  are  necessary  if  your 
purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods 
or services.) 
2. You must have used your credit card for the purchase.  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: 
TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 

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.   

Active Duty Service Members and Dependents: The following important notice applies if you are an active duty 
service  member  or  a  dependent  of  one  at  the  time  you  request  an  Account.  Federal  law  provides  important 
protections  to  members  of  the  Armed  Forces  and  their  dependents  relating  to  extensions  of  consumer  credit.  In 

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11 

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 percent. This rate must include, as applicable to the credit transaction or account: the 
costs  associated  with  credit  insurance  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 
would like more information regarding your account, please call us at 877-488-3712. 

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              The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card Agreement. 

                                      Please read and keep this Schedule with your Agreement for your records. 

12 

Interest Rate and Fee Schedule 

Interest Rates and Interest Charges  
Annual Percentage Rate (APR) 
for Purchases:  

APR for Balance Transfers1:  

APR for Cash Advances2:  

How to Avoid Paying Interest on 
Purchases3:  

Minimum Interest Charge:  
For Credit Card Tips from the 
Consumer Financial Protection 
Bureau:  
Fees  
Annual Fee:  
Transaction Fees:  

• Balance Transfers  

• Cash Advances  

14.99%, 19.99%, 23.99%, based on your creditworthiness.   
     All APRs will vary with the market based on the Prime Rate.      
14.99%, 19.99%, 23.99%, based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 

24.24% 
      This APR will vary with the market based on the Prime Rate.  
Your due date is at least 25 days after the close of each billing cycle. We 
will not charge you any interest on purchases if you pay your entire balance 
by the due date each month.  
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a 
credit card, visit the website of the Consumer Financial Protection 
Bureau at http://www.consumerfinance.gov/learnmore. 

$95 Annual Fee (waived for the first year). 

Either $5 or 3% of the amount of each transfer, whichever is greater. 
Either $10 or 5% of the amount of each cash advance, whichever is 
greater. 

• Foreign Transactions 

NONE 

Penalty Fees:  

• Late Payment  

  Up to $35  
• 
•  Second Occurrence in 6 months $35 

First Occurrence $25 

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including Current Transactions).” 
See your account agreement for more details. 

Loss of Introductory APR:  If you are 60 days past due, you may lose your right to the offer and the APR will return to the 
APR for Balance Transfers as stated in the Interest Rates and Interest Charges Table which will be applied to all existing and 
new balances on the Account. 

Billing Rights:  Information about your rights to dispute transactions and how to exercise those rights is provided in your 
account agreement. 

Margins:   

 For Purchases, 10.74%, 15.74% or 19.74% will be added to the Index 
 For Balance Transfers, 10.74%, 15.74% or 19.74% will be added to the Index 
 For Cash Advances, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of July 25, 2017 are:  

For Purchases, 0.0410685%, 0.0547671% or 0.0657260% 
For Balance Transfers, 0.0410685%, 0.0547671% or 0.0657260% 
For Cash Advances, 0.0664110% 

  Index:   Prime Rate as of July 25, 2017 is 4.25%.  

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