Charge Card Agreement
(May Not Be Available to Residents of All States)

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This Agreement and the documents listed below govern the use of your charge card 
account with Compass Bank (“Account”) and each Visa or MasterCard charge card 
issued  to access the Account (a  “Card”). These other documents are part of this 
Agreement:

9. 

Billing Statements: We will send you a bill at the end of each monthly billing 
cycle if applicable law requires. Read each bill as soon as you get it. Tell us right 
away if you see any error or problem. Your bill will show important information 
about your Account, including: 

•	 The application or solicitation (“Application”) you signed or otherwise gave 

•	 The unpaid balance at the end of that billing cycle; 

us to ask for the Account; and 

•	 The folder sent with each Card (“Card Folder”).

Please read and keep these documents for your records.

1. 

2. 

3. 

4. 

5. 

Parties and Addresses: 
(a)  Bank: In this Agreement, “we”, “us” and “our” refer to Compass Bank 
and anyone to whom we give or sell your Account. Unless we tell you 
otherwise, our mailing address is: Compass Bank Card Center, P.O. Box 
2210, Decatur, Alabama 35699-0001.

(b)  You:  “You”  and  “your”  refer  to  each  person  (1)who  applied  for  the 
Account, or (2) who agreed to be responsible for the Account. We will 
send bills and other notices to the address you give us. You promise to 
tell us right away if that address changes.

Joint Accounts: If you have a joint Account, each of you may use the Account. 
We may ask any one of you to pay any balance due. Any one of you may give 
us any notice under this Agreement. If you give us different notices or make 
different requests, we may pick which one to honor without telling any of you. 
We will not owe anything to you or anyone else because we picked one of your 
notices or requests. 

Promise to Pay: You promise to pay us for all transactions on your Account, 
including  those  by  anyone  whom  you  allow  to  use  the  Account.  You  also 
promise to pay any fees and other amounts you owe us under this Agreement. 
By keeping, using or permitting others to use the Account or any Card, you 
agree to the terms of this Agreement.

Governing Law: This Agreement and your Account will be governed by (1) 
federal law, and (2) to the extent not preempted by federal law, the laws of 
Alabama, without regard to its conflicts of law provisions. We accepted this 
Agreement in Alabama.

Changing  This  Agreement:  We  may  change  this  Agreement  unless  an 
applicable law says we may not. We will tell you when changes will be effective 
and how they will apply to your Account. You may not change this Agreement 
unless we agree in writing.

6. 

Using Your Account: You may use your Account to make the following types of 
transactions:

(a)  Purchases:  You  may  purchase  or  lease  goods  or  services  from  any 

merchant that accepts your Card or Account.

(b)  Cash Advances: You may purchase or lease goods or services from any 

merchant that accepts your Card or Account.

•	 From us or any other financial institution or automated teller machine 

(“ATM”) that accepts your Card; 

•	 By  purchasing  items  that  can  be  traded  right  away  for  cash,  such 
as wire transfers, money orders, traveler’s checks, lottery tickets or 
casino chips; or

•	 By  placing  bets  or  wagers  (if  legal)  or  to  make  tax  or  other  similar 

payments.

7. 

Illegal and Online Gambling Transactions: You agree not to use your Account 
for any transaction that is illegal where you live or where the transaction takes 
place. You must find out if a transaction is legal before you make it. You also 
agree not to use your Account for any Internet or online gambling transaction, 
even  if  it  is  legal.  We  may  refuse  to  authorize  any  illegal,  Internet  or  online 
gambling transaction. If we do authorize the transaction, you agree to pay us 
for it unless an applicable law says you may not. 

8. 

Credit Limits: We will tell you your starting credit limits on the Card Folder. Your 
billing statements also will show your credit limits and available credit. 

(a)  Separate  Limits:  We  will  give  you  a  credit  limit  for  your  Account.  We 
also may give you different limits for different types of transactions. For 
example, we may tell you that you can only use part of your credit limit 
for Cash Advances. 

(b)  When Your Payments Increase Available Credit: We may delay increasing 
your available credit for up to 10 days after you make a payment. 

(c)  Going Over Your Credit Limits: This Agreement applies to all transactions 
and  balances  on  your  Account,  including  any  transaction  that  would 
cause the balance (including unpaid fees, unless prohibited by law) on 
your Account (or any type of transactions on your Account) to go or stay 
over the credit limit (an “Overlimit Transaction”). If the balance on your 
Account (or on any type of transactions on your Account) goes over the 
credit limit, you must pay the amount that is over the limit right away. 
We do not have to authorize any Overlimit Transaction. If we authorize 
any one or more Overlimit Transactions, it does not mean that we must 
authorize any other Overlimit Transaction.

(d)  Changes to Your Credit Limits: You may request a credit limit increase 
by calling us at 1-800-239-5175, and we might agree to your request. 
We  may  change  your  credit  limits  at  any  time.  For  example,  we  may 
(1) increase or decrease any of your credit limits, (2) add one or more 
separate limits, or (3) cancel your available credit. We will tell you first or 
get your permission if an applicable law requires us to. You still will have 
to pay all amounts you owe under this Agreement.

•	 The  amount  of  your  next  payment,  which  will  be  the  full  amount  of  that 

unpaid balance (“Payment Due”); and

•	 When your next payment is due (“Payment Due Date”).

10.  Fees: You agree to pay the following fees, as applicable, which will be charged 

to your Account.

(a)  Annual Fee: An annual fee for keeping your Account open. If we will charge 
an annual fee on your Account, the amount of this fee will be shown on 
the Card Folder. The fee will be charged to your Account shortly after the 
time it is opened. For each year that your Account remains open, the fee 
will be charged during the same month that it was initially charged.

(b)  Transaction Fees:

•	 Cash Advance Fee: For each Cash Advance, a fee of $10 or 4% of the 

Cash Advance, whichever is greater.

•	 Foreign  Transaction  Fee:  A  fee  of  3%  of  each  transaction  made  (1) 
in a foreign currency, (2) outside of the United States, or (3) with a 
foreign merchant, even if that transaction is made in U.S. dollars. We 
may charge a Foreign Transaction Fee for each transaction (including 
returns or refunds) at the time we add the transaction to your Account. 
The fee will be based on the U.S. dollar amount Visa or MasterCard 
provided to us.

(c)  Penalty Fees: We will charge penalty fees in the amounts established by 
the Federal Reserve Board, which currently are $25 and $35. The Federal 
Reserve Board may adjust these amounts annually to reflect changes in 
the Consumer Price Index (CPI), and we may revise any of the penalty 
fees below to reflect the CPI adjustments. We will not charge more than 
one  penalty  fee  for  a  single  event  or  transaction  that  violates  multiple 
terms of this Agreement. 

•	 Late Fee: A fee if we do not receive the full amount of the Payment 
Due by the tenth (10th) day after the Payment Due Date (or the next 
business day if your Payment Due Date falls on a Saturday, Sunday or 
holiday). For any late payment, this fee will be determined as follows:

o  If you have had no late payment during any of the previous 6 billing 
cycles – the fee will be the greater of $18 or 5% of the past due 
amount (not to exceed $25);

o  If you were late on any Payment Due during any of the previous 6 
billing cycles – the fee will be the greater of $18 or 5% of the past 
due amount (not to exceed $35); or

o  If we have not received the full Payment Due on your Account for 
two or more billing cycles in a row – the fee will be the greatest of 
the following:
*  $18, 
*  5% of the past due amount (not to exceed $35), or 
*  3% of the past due amount (not to exceed $100).

The late fee will never be more than the full amount of the Payment 
Due (as shown on your billing statement) that was due immediately 
before the fee is assessed (rounded up or down to the nearest dollar). 

•	 Returned Payment Fee: A fee if a check or similar instrument or any 
debit for payment on your Account is returned unpaid for any reason. 
The amount of this fee will be $25 or the full amount of the Payment 
Due  that  was  due  immediately  before  the  payment  was  returned 
(rounded up or down to the nearest dollar), whichever is less. We will 
charge the fee even if the check or debit is later honored or paid. 

(d)  Other Fees:

•	 Expedited Delivery Fee: A fee if you request and we agree to arrange 
for expedited delivery of any Card or Checks to you (for example, by 
an  overnight  delivery  service).  We  will  disclose  the  amount  of  this 
fee at the time you request this service. If you then confirm and we 
honor your request, we will charge the fee disclosed at the time of the 
request.

•	 Document Fees: The following fees for each copy of a sales slip or 

billing statement you request:

For copies of sales slips: $5 for each item requested

For duplicate copies of billing statements: 

o  $7 for each statement from the previous 12 months, 
o  $17 for each statement more than 12 months but not more than 24 

months old, 

o  $27 for each statement more than 24 months but not more than 36 

months old, and 

o  $37 for each statement more than 36 months old. 
There  will  be  no  charge  for  any  item  you  request  in  good  faith  in 
connection with the resolution of any disputed billing matter. 

•	 Expedited  Payment  Fee:  A  fee  of  $15  if  you  request  us  to  expedite 
payment on your Account by debiting any deposit or other account 
you designate, and we honor your request. 

...CONTINUED NEXT PAGE

 
 
 
 
 
 
 
 
 
 
 
 
11.  Payment  Due:  For  each  billing  cycle,  the  Payment  Due  will  be  the  unpaid 
balance  at  the  end  of  that  billing  cycle.  You  cannot  increase  your  available 
credit by paying more than the full amount then owed on your Account.

18. 

12.  Making Payments: You must pay us in U.S. dollars. Mail your personal check 
or money order to the address shown on your bill. Include the payment stub 
from your bill with your payment. Do not send cash. If you do not follow these 
instructions, we might not credit the payment for up to five business days after 
we get it.

(a)  Disputed Payments: If you dispute any amount we say you owe under 
this Agreement, you must write to us at Compass Bank Card Center, 
P.O.  Box  2101,  Decatur,  Alabama  35602-2101.  If  you  pay  us  with  a 
check marked with “payment in full” or similar words, you must send 
it to this address. Subject to any restrictions of applicable law: (1) the 
words “payment in full” or similar words will have no effect; and (2) 
we can take disputed payments without giving up any of our rights.

(b)  Paying at Branches, Online and By Telephone: If we let you pay at one of 
our branches, we will credit the payment as of the day we get it. If we let 
you pay online or by phone, we will tell you how to pay and when your 
payment will be credited.

(c)  Timing for Mailed Payments: If you mail a payment to the address shown 
on your bill, your payment will not be considered late if we receive it by 5 
p.m. Central Time on the Payment Due Date (or the next business day if 
your Payment Due Date falls on a Saturday, Sunday or holiday). 

13.  Special Offers: We may make a special offer to you. For example, we may offer 
a reduced fee. Such offers may apply to all transactions on your Account, or 
only to some transactions. We will tell you what terms of the special offer differ 
from the terms of this Agreement. Except as we tell you in a special offer, the 
rest of this Agreement will still apply to your Account. 

14.  Currency  Conversion:  Visa  or  MasterCard  will  convert  the  amount  of  any 
transaction you make in a currency other than U.S. dollars into U.S. dollars. 
Visa or MasterCard will use its own currency conversion procedures in effect 
at that time. Visa or MasterCard will pick an exchange rate on the processing 
date using either (1) the range of rates available in wholesale currency markets 
(which rate may differ from the rate Visa or MasterCard could get) or (2) the 
rate required by the government. The exchange rate used may differ from the 
exchange rate on the date you made the transaction. If you make a return or 
get a refund, the same procedures apply. The amount of any return or refund 
credit to your Account may be slightly different from the amount of the original 
transaction because the exchange rate changes from day to day. 

15.  Default: If you do or fail to do certain things, you will be in default under this 
Agreement. If you are in default, we have certain rights and you have certain 
duties under this Agreement. In deciding whether you are in default and in using 
any of our rights, we will follow applicable law.

Information About You and Your Credit: You promise that the information you 
gave us to open your Account is true. You also promise to tell us right away 
and  to  stop  using  the  Account  if  (1)  you  plan  to  file  for  bankruptcy,  or  (2) 
are otherwise unable to pay your debts. We may look again at your financial 
condition and credit standing at any time and for any reason. We may get a 
current credit report or ask you for current financial information or documents. 
For example, we may ask about your property and debts. We also may ask for 
copies of your tax returns or verification of your employment and income. You 
agree to let us do this and help with any investigation of your credit record. A 
negative credit report reflecting on your credit record may be submitted to one 
or more credit reporting agencies if you fail to fulfill your obligations under this 
Agreement.

19. 

Inaccurate  Information:  Write  to  us  at  the  address  in  Section  1(a)  if  you 
believe that (1) we have information about you that is inaccurate or (2) we have 
reported or may report inaccurate information about you to a credit reporting 
agency. Tell us exactly what information you believe is inaccurate.

20.  Liability For Unauthorized Use: If you notice the loss or theft of your Card or a 
possible unauthorized use of your Card, you should write to us immediately at 
Compass Bank Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001, or 
call us at 1-800-239-5175. 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.

21.  Telephone  Monitoring;  Consent  to  Communication:  To  make  sure  our 
employees  give  accurate  and  courteous  customer  service,  sometimes  your 
call may be monitored by a second employee and/or recorded. You agree to 
this monitoring and recording. We may contact you using (1) any information 
or phone numbers (including cell phone numbers) you provide to us on your 
Application or otherwise, and (2) an automated telephone dialing system and/
or artificial or prerecorded voice message, even if you are charged for the call 
under your phone plan.

22.  We  Do  Not  Give  Up  Our  Rights  by  Not  Using  Them:  Sometimes  we  might 
decide not to do something we could do under this Agreement, like charging 
you a fee. Or, we might decide to do something less than what we could do, 
like charging you a lower fee or wait a few days before charging a fee. If we 
do this one or more times, this does not mean we have to do it again. We can 
do all the things this Agreement allows in the future, even if we did something 
different one or more times in the past. We also might decide, for example, to: 
•	 Accept	late	or	partial	payments;

•	 Give	you	more	time	to	make	a	Payment	Due;

•	 Reduce	or	not	charge	any	fee	you	would	otherwise	owe;	

•	 Let	one	or	more	of	you	out	of	your	promises	under	this	Agreement	without	

telling the others or letting them out of their promises.

(a)  Events of Default: We may decide you are in default if you: 

•	 Fail to make a payment on this Agreement or any other agreement with 

If  we  do  any  of  these  things,  we  will  not  lose  any  of  our  rights  under  this 
Agreement. 

us when due;

•	 Go over your credit limit; 

•	 Make a payment that is not paid by your bank; 

•	 Fail to do anything this Agreement requires; 

•	 Do anything this Agreement prohibits; 

•	 File or have filed against you a bankruptcy petition; 

•	 Die, become legally incompetent or go to jail; 

•	 Give  us  false  or  incomplete  credit  information,  false  signatures  or 

make any material misrepresentation; 

•	 Lose your Card (including if it is stolen). 

We also may decide you are in default if (1) we find you no longer qualify 
for any credit limit then in effect on your Account, or (2) we believe in 
good faith that you will not be able to pay what you owe for any other 
reason.

(b)  What  Happens  When  You  Are  in  Default:  We  may  (1)  suspend  or 
terminate your credit privileges, (2) close your Account, and/or (3) ask 
you to pay the full amount you owe right away. We will tell you first before 
doing these things if an applicable law requires us to. You still have to pay 
all amounts you owe us. 

16.  Collection Costs: We may charge you for costs we have to pay to collect what 
you owe after default. These costs may include reasonable fees to attorneys 
who are not our paid employees. We will not charge you for our collection costs 
if you owe us $300 or less or an applicable law says we may not.

17.  Closing Your Account: 

(a)  We May Limit Use Of or Close Your Account: We may (1) temporarily take 
away your ability to make transactions or otherwise use your Account, 
(2)  delay  reissuing  your  Card,  or  (3)  close  your  Account.  We  may  do 
these things at any time, but will tell you first if an applicable law requires 
us to. You must destroy all Cards if we tell you to. You still have to pay 
all amounts you owe us. If you are not in default when your Account is 
closed, you may pay off the balance under the terms of this Agreement 
that apply at that time. We can use all the rights and remedies we have 
under  this  Agreement  until  all  amounts  are  repaid.  We  will  not  owe 
anything to you or anyone else if we do any of these things.

(b)  You May Close Your Account: You may close your Account at any time by 
telling us in writing. You must destroy all Cards if we tell you to. You still 
have to pay all amounts you owe us. If you are not in default when you 
close your Account, you may pay off any balance under the terms of this 
Agreement that apply at that time. 

23.  Authorizing Transactions; Acceptance of Your Card: We may limit the number 
or dollar amount of transactions on your Account. We do not have to authorize 
any transaction, even if you have credit available. For example, we might not 
authorize a transaction if we need to verify your Account status. A merchant 
does not have to accept your Card or Account. We will not owe anything to 
you or anyone else if (1) we do not authorize a transaction, regardless of the 
reason, or (2) a merchant will not accept your Card or Account. Also, we will 
not owe anything to you or anyone else for goods or services you bought or 
leased using your Account.

24.  Assignment; Binding Effect; Severability: We may sell or give your Account, 
this  Agreement  and  our  rights  or  duties  under  this  Agreement  to  any  other 
person  or  company.  We  can  do  this  at  any  time  without  telling  you  first  or 
getting your permission. You may not sell or give your Account or any of your 
rights or duties under this Agreement to any other person or company. This 
Agreement will be binding on your heirs and legal representatives. This means 
they may have to pay if you die or become legally incompetent. If a court with 
proper  authority  finds  any  part  of  this  Agreement  is  not  valid  or  cannot  be 
enforced, the other parts still will apply.

25.  Dispute Resolution:

(a)  This subsection (a) applies if you reside outside California.
Arbitration:  Either  you  or  we  may  ask  to  settle  disputes  by  arbitration. 
Arbitration is a way of working out disputes without going to court. If you or 
we ask for arbitration, we would all meet with a person called an arbitrator. An 
arbitrator is like a referee or a judge. The arbitrator will listen to what you and 
we have to say. The arbitrator will decide who is right. The arbitrator’s decision 
is called an award. The party who wins the award can take it to any court that 
could have heard the dispute and get an official judgment. Please read the rest 
of this section carefully. It explains how arbitration works. 

Some Legal Rights May Not Be Available in Arbitration: After any party asks 
for arbitration of a dispute, neither you nor we can ask a court to hear that 
dispute. There will be no jury trial of that dispute. You cannot be part of 
any class action relating to that dispute. The right to get information from 
each other and other procedures may be more limited in arbitration than 
in court. With a few limited exceptions, the arbitrator’s award will be final 
and unchangeable. Other rights that you or we would have in a court also 
may not be available in arbitration.

•	 What Disputes Are Covered: Any dispute that arises from or relates to this 
Agreement, your Account and any transaction involving the Account will be 
settled by arbitration unless it is described below in “What Disputes Are Not 
Covered.” This means that disputes about the following are covered: 
o  This Agreement, your Account or any transaction involving the Account;

o  Any advertisement, promotion or oral or written statement related to this 

Agreement or your Account;

o  Any  relationships  that  result  from  this  Agreement  (including,  as  far  as 
applicable  law  will  allow,  relationships  with  third  parties  who  are  not 
parties to this Agreement or this arbitration provision);

o  The  validity,  interpretation,  scope  or  enforceability  of  this  Agreement 
(except for any challenge to the enforceability of this Dispute Resolution 
section or any dispute about the parts of this subsection (a) about class 
disputes); and

o  Whether  it  is  too  late  to  settle  a  dispute  because  of  any  statute  of 

limitations, estoppel, waiver, laches or similar legal rule.

It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional 
tort, statute, regulation, constitution, common law, equity or otherwise. It also 
doesn’t matter when the dispute began (whether before this Agreement, now 
or  in  the  future).  This  arbitration  provision  will  continue  to  apply  after  this 
Agreement ends and/or after you or we close the Account.

•	 What Disputes Are Not Covered: This arbitration provision does not cover 

any dispute:
o  That you or we could take to a small claims court, which usually limits its 

cases based on the amount of the claim; or

o  About the parts of this arbitration provision that prohibit class disputes.
•	 No Class Disputes: You cannot join together in a dispute with anyone other 
than  people  who  use  your  Account.  Even  if  other  people  have  disputes 
similar to a dispute that you or we ask to arbitrate, those people and their 
disputes cannot be part of any arbitration between you and us. You cannot 
arbitrate  any  dispute  on  a  class  action,  private  attorney  general  or  other 
representative basis. Only a court, and not an arbitrator, may decide whether 
this provision prohibiting class disputes can be enforced.

Who Will Arbitrate: The American Arbitration Association (“AAA”) or JAMS ADR 
(“JAMS”) may arbitrate any dispute, or you and we may agree upon a different 
arbitrator. For more information about arbitration, contact the AAA (www.adr.org 
or 1-800-778-7879) or JAMS (www.jamsadr.com or 1-800-352-5267). If for any 
reason the AAA or JAMS is unable or unwilling to arbitrate, or you and we cannot 
agree on an arbitrator, we will use another national or regional arbitration group. 
The number of arbitrators will depend on the total dollar amount of all disputes 
by both you and us. If the total is $250,000 or less, one arbitrator will hear the 
dispute(s). If the total is over $250,000, three arbitrators will hear the dispute(s). 
Each arbitrator must be an active member in good standing of the bar for any state 
in the continental United States, and either: (a) actively engaged in the practice of 
law for at least 5 years or (b) a retired judge.

•	 What Rules Apply: The arbitration of any dispute will be conducted according to 
the rules of the arbitrator (“Rules”). If an arbitrator other than the AAA is chosen, 
the Rules of the AAA will be applied to any circumstance that is not addressed 
by the Rules of the chosen arbitrator. If the total of all disputes is $250,000 
or less, we will use any expedited procedures in the Rules. If this Agreement  
and the Rules say something different, we will follow this Agreement and 
not the Rules. 

•	 How To Start Arbitration: Either you or we may start an arbitration by giving 
written notice to the other party. At a minimum, this notice must describe 
the subject of the dispute and the result requested in arbitration by the party 
giving  the  notice.  If  you  ask  us  to  arbitrate,  you  can  choose  the  AAA  or 
JAMS, or suggest another national or regional arbitration group to arbitrate 
the dispute. If we ask you to arbitrate, we will give you 10 days to choose the 
AAA or JAMS, or to suggest another national or regional arbitration group. 
In either case, if you suggest an alternative to the AAA and JAMS, we will 
work with you to determine if you and we can agree on a different group or 
arbitrator. If you and we are unable to agree, the arbitration will be conducted 
by  the  AAA  or,  if  the  AAA  is  not  available,  by  a  similar  arbitration  group. 
The party asking for arbitration must file a notice with the arbitration group 
following the Rules in effect at that time. 

•	 When  a  Party  May  Ask  for  Arbitration:  You  or  we  may  ask  for  arbitration 
before or after a lawsuit has been filed. You or we must ask for arbitration 
within  the  statute  of  limitations  that  would  apply  to  the  same  dispute  in 
court. If it is too late to resolve the dispute in court, it is also too late to 
resolve it in arbitration. 

•	 What the Arbitrator(s) Must and May Not Do: Each arbitrator must: 

o  Limit discovery to information that is directly relevant to the dispute and 
is not considered confidential or otherwise protected from being made 
public. Discovery is the process by which you and we ask each other for 
information about the dispute; 

o  Make  decisions  and  awards  based  on  the  evidence  and  applicable 

substantive law and the rules of evidence used in federal courts; 

o  Make  decisions  and  awards  only  with  respect  to  claims  made  by  or 

against you individually; 

o  Give a brief written explanation of the basis for the award upon request of 

either party; and

o  Make  specific  findings  of  fact  and  conclusions  of  law  to  support  any 

award greater than $25,000.

o  Not  make  any  award  that  would  require  you  and  us  to  continue  any 

relationship we may have under this Agreement or otherwise.

•	 Who Pays for Arbitration: There will be costs for arbitration. Contact the AAA 
or other arbitration group to find out what the arbitration charges will be. You 
may have to pay some of the arbitration charges unless this Agreement, an 
applicable law or the Rules say we must pay. If the total dollar amount of all 
disputes is $50,000 or less, we will pay that portion of the arbitration filing 
fee that is more than the cost of filing a lawsuit in the federal court where 

you live. You can ask us to pay some or all of the other arbitration charges 
you have to pay, but we don’t promise to do as you ask. At the end of the 
arbitration, the arbitrator(s) will decide who has to pay for any arbitration 
charges that are greater than those we agreed to pay. The arbitrator(s) also 
may order us to pay some or all of your attorneys, expert and witness fees. 
Unless ordered otherwise by the arbitrator(s), each of us must pay for its 
own attorneys, expert and witness fees, no matter who wins.

•	 Where  Will  Arbitration  Take  Place:  Any  arbitration  will  take  place  in  the 
federal  judicial  district  near  your  home.  Or,  you  and  we  could  agree  that 
arbitration will take place somewhere else.

•	 What  Law  Applies:  This  arbitration  provision  is  made  pursuant  to  a 
transaction involving interstate commerce. The Federal Arbitration Act will 
apply to the construction, interpretation and enforceability of this arbitration 
provision despite any other choice of law provision in this Agreement. 

•	 Other  Rights  and  Remedies:  Nothing  in  this  arbitration  provision  will  limit 
certain other rights you or we may have. This means that you or we could, 
for example: 

o  Get an injunction, which is a court order to stop someone from doing 

something; or

o  File an interpleader action, which is a type of lawsuit used to decide who 

owns property that more than one person claims to own. 

If you or we do any of these things or take part in any other court case, it does 
not affect your or our rights under this arbitration provision.

•	 What Happens If Part or All of This Arbitration Provision Cannot Be Enforced: 
Only a court and not an arbitrator can determine if any part of this arbitration 
provision cannot be enforced. If a court with proper jurisdiction says that 
any  part  of  the  “No  Class  Disputes”  subsection  above  (which  prohibits 
arbitration of class disputes) cannot be enforced, then none of the arbitration 
section  in  this  Agreement  will  apply,  and  this  section  will  be  considered 
deleted from the Agreement. If a court with proper jurisdiction says that any 
other part of this arbitration provision cannot be enforced, then the rest of 
this arbitration subsection still will apply, including the “No Class Disputes” 
subsection above. 

Waiver  Of  Jury  Trial:  This  provision  limits  your  rights  to  a  jury  trial.  You 
should review this section carefully. If you and we have any dispute related 
to this Agreement, your Account, or any transactions involving your Account 
and (i) neither you nor we seek to compel arbitration of the dispute, or (ii) 
some or all of the arbitration section is unenforceable and the dispute will 
be resolved in court, then you and we agree voluntarily and knowingly to 
waive any right each may have to a jury trial to the fullest extent permitted 
by law.

Attorneys’  Fees.  In  any  action  between  you  and  us  in  court,  the  prevailing 
party will be entitled to receive from the other party an amount equal to the 
reasonable attorneys’ fees the prevailing party incurred in bringing or defending 
the court action.

(b)  This subsection (b) applies if you reside in California.
Judicial  Reference:  Either  you  or  we  may  ask  to  settle  disputes  by  judicial 
reference under the provisions of the California Civil Code, Sections 638-645.1, 
unless the dispute is part of a class action. This judicial reference provision 
limits your ability to ask a court to hear a dispute and your right to a jury 
trial.  By  agreeing  to  judicial  reference,  you  and  we  waive,  and  shall  not 
have,  any  right  to  a  jury  trial.  You  should  review  this  section  carefully.  It 
explains how judicial reference works. 

Some  Legal  Rights  May  Not  Be  Available  in  Judicial  Reference:  Judicial 
reference is a proceeding where disputes are decided by a judicial referee. The 
judicial referee will receive evidence at a hearing and then issue a statement of 
decision upon which a judgment is based. You and we agree that the referee 
will have the power to decide all issues of fact and law, to issue a statement of 
decision, and to provide all legal and equitable relief appropriate based on the 
evidence provided at the hearing.

•	 What Disputes Are Covered: Any dispute that arises from or relates to this 
Agreement, your Account and any transaction involving the Account will be 
settled by judicial reference unless it is described below in “What Disputes 
Are Not Covered.” This means that disputes about the following are covered: 

o  This Agreement, your Account or any transaction involving the Account;
o  Any advertisement, promotion or oral or written statement related to this 

Agreement or your Account;

o  Any  relationships  that  result  from  this  Agreement  (including,  as  far  as 
applicable  law  will  allow,  relationships  with  third  parties  who  are  not 
parties to this Agreement or this judicial reference provision);

o  The  validity,  interpretation,  scope  or  enforceability  of  this  Agreement 
(except for any challenge to the enforceability of this Dispute Resolution 
section or any dispute about the parts of this subsection (b) about class 
disputes); and

o  Whether  it  is  too  late  to  settle  a  dispute  because  of  any  statute  of 

limitations, estoppel, waiver, laches or similar legal rule.

It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional 
tort, statute, regulation, constitution, common law, equity or otherwise. It also 
doesn’t matter when the dispute began (whether before this Agreement, now or 
in the future). This judicial reference provision will continue to apply after this 
Agreement ends and/or after you or we close the Account.

•	 What Disputes Are Not Covered: This judicial reference provision does not 

cover any dispute:
o  That you or we could take to a small claims court, which usually limits its 

cases based on the amount of the claim; or

CHARGE CARD   F03-L462-1   Y TERMS (08/11)   CP11-94769

...CONTINUED NEXT PAGE

o  About  the  parts  of  this  judicial  reference  provision  that  prohibit  class 

Bank: We have signed this Agreement as follows:

disputes.

•	 No Class Disputes: A claim by, or on behalf of, other persons will not be 
considered  in,  joined  with,  or  consolidated  with,  the  judicial  reference 
proceedings  between  you  and  us.  Any  such  claim  will  be  resolved  in  a 
court of proper jurisdiction.

•	 Who Will Serve as Referee: You and we agree that a single referee who is a 
retired California state or federal court judge shall be appointed by the court 
under  California  Code  of  Civil  Procedure  640  and  shall  preside  over  the 
reference proceeding and decide all issues of fact and law. If you and we 
are unable to agree upon a referee within 10 days of a written request for 
judicial reference by any party, then any party may ask a court to appoint a 
referee under the California Code of Civil Procedure, Sections 638 and 640, 
and may nominate up to three retired state or federal court judges to serve 
as this referee.

•	 How To Start a Judicial Reference Proceeding: Either you or we may start 
a judicial reference proceeding by giving written notice to the other party. 
At a minimum, this notice must describe the subject of the dispute and the 
result requested in the judicial reference proceeding by the party giving the 
notice. 

•	 When  a  Party  May  Ask  for  Judicial  Reference:  You  or  we  may  ask  for 
judicial reference before or after a lawsuit has been filed. You or we must 
ask for judicial reference within the statute of limitations that would apply to 
the same dispute in court. If it is too late to resolve the dispute in court, it 
is also too late to resolve it in judicial reference. 

•	 What the Referee Must and May Not Do: The referee must: 

o  Make  decisions  and  awards  based  on  the  evidence  and  applicable 

substantive law and the rules of evidence used in federal courts; 

o  Make  decisions  and  awards  only  with  respect  to  claims  made  by  or 

against you individually; 

o  Provide  a  statement  of  decision  indicating  how  each  dispute  was 
decided, along with a concise written explanation of the basis for the 
award. The referee’s statement of decision must contain written findings 
of fact and conclusions of law. The court shall enter judgment thereon 
under  California  Code  of  Civil  Procedure  Sections  644(a)  and  645. 
After this judgment is entered, the decision of the referee shall then be 
appealable as if made by the court. 

o  Not  make  any  award  that  would  require  you  and  us  to  continue  any 

relationship we may have under this Agreement or otherwise.

•	 Other Rights and Remedies: Nothing in this judicial reference provision will 
limit certain other rights you or we may have. This means that you or we 
could, for example: 
o  Get an injunction, which is a court order to stop someone from doing 

something; or

o  File an interpleader action, which is a type of lawsuit used to decide who 

owns property that more than one person claims to own. 

If you or we do any of these things or take part in any other court case, it 
does not affect your or our rights under this judicial reference provision.

•	 What Happens If Part or All of This Judicial Reference Provision Cannot Be 
Enforced: If any portion of this judicial reference provision is not enforced 
other  than  the  “No  Class  Disputes”  section,  the  remaining  portions  of  it 
will  remain  enforceable.  This  judicial  reference  provision  shall  survive 
termination of this Agreement and the closing of your Account.

Attorneys’ Fees. In any action between you and us, regardless of whether the 
action is in court or in judicial reference, each party must pay its own attorney, 
expert, and witness fees, regardless of how the dispute is resolved.

Maryland  Residents:  You  have  the  right  under  Maryland 
Commercial Law Code Section 12-510 to receive an answer 
to  a  written  inquiry  concerning  the  status  of  your  Account. 
Finance charges will be imposed in amounts or at rates not in 
excess of those permitted by law. 
New  Jersey  Residents:  Because  certain  provisions  of  this 
Agreement  are  subject  to  applicable  law,  they  may  be  void, 
unenforceable  or  inapplicable  in  some  jurisdictions.  None 
of  these  provisions,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey.

NOTICE TO THE BUYER
DO NOT SIGN THIS CREDIT AGREEMENT BEFORE 
YOU READ IT OR IF IT CONTAINS BLANK SPACES.  
YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 

Signatures:

You: Any handwritten, electronic or digital signature provided by you or any 
person whom you allow to use the Account on any document in connection 
with  opening  or  using  your  Account  serves  as  your  signature  on  this 
Agreement.

A. Smith
Vice President
Compass Bank 

Your Billing Rights: Keep This Document For Future Use

This notice tells you about your rights and our responsibilities under the Fair 
Credit Billing Act.

What to Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at the payment 
address shown on your bill. 

In your letter, give us the following information:
•	 Account information: Your name and account number.

•	 Dollar amount: The dollar amount of the suspected error.

•	 Description of problem: If you think there is an error on your bill, describe 

what you believe is wrong and why you believe it is a mistake.

You must contact us:
•	 Within 60 days after the error appeared on your statement.

•	 At least 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you 
do we are not required to investigate any potential errors and you may have to 
pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:
1.  Within 30 days of receiving your letter, we must tell you that we received 
your letter. We will also tell you if we have already corrected the error. 

2.  Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:
•	 We cannot try to collect any amount in question, or report you as delinquent 

on that amount. 

•	 The charge in question may remain on your statement. 

•	 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 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 fees. We will send you a statement of the 
amount that you owe and the date payment is due. We may then report you 
as delinquent if you do not pay the amount we think you owe.

If  you  receive  our  explanation  but  still  believe  your  bill  is  wrong,  you  must 
write  to  us  within  10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do 
so, we cannot report you as delinquent without also reporting that you are 
questioning  your  bill.  We  must  tell  you  the  name  of  anyone  to  whom  we 
reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us.

If we do not follow all of the rules above, you do not have to pay the first $50 
of the amount you question, even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Charge Card Purchases

If  you  are  dissatisfied  with  the  goods  or  services  that  you  have  purchased 
with your charge 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 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 charge card for the purchase. Purchases made 

with cash advances from an ATM 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 the payment address shown on your bill. 

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.