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 delin-

quent on that amount.

—  The charge in question may remain on your statement, and we may 

continue to charge you interest on that amount.

—  While you do not have to pay the amount in question, you are respon-

sible 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:
1.  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.

2.  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 ten (10) days telling us that you still refuse to pay. If you do so, we cannot 
report you as delinquent without also reporting that you are questioning your bill. We 
must tell you the name of anyone to whom we reported you as delinquent, and we 
must let those organizations know when the matter has been settled between us. 

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

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR 
CREDIT CARD PURCHASES
If you are dissatisfied with the goods or services that you have purchased with 
your credit card, and you have tried in good faith to correct the problem with the 
merchant, you may have the right not to pay the remaining amount due on the 
purchase. To use this right, all of the following must be true:
1.  The purchase must have been made in your home state or within 100 miles 
of your current mailing address, and the purchase price must have been 
more than $50.00. (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  the  address  shown  on  the  first  page  of 
your  statement  following  the  words  “Send  Inquiries  and  Correspondence 
to:”. 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.

Important: Please read this folder and retain it for your records.

Pricing Information Addendum

Interest Rates and Interest Charges
Annual Percentage Rate  10.15%
(APR) for Purchases 
APR for  
Balance Transfers 
APR for  
Cash Advances 
How to Avoid 
Paying Interest 

APR will vary with the market based on the Prime Rate.
10.15%
APR will vary with the market based on the Prime Rate.
10.15%
APR will vary with the market based on the Prime Rate.
You will receive your statement at least 21 days prior to the Payment Due Date.
— We will not charge you any interest on purchases if you pay your entire balance by the 

next billing cycle date each month.

— We will begin charging interest on cash advances and balance transfers on the

transaction date.

For Credit Card Tips  
from the Federal  
Reserve Board 

To learn more about factors to consider when applying for or using a credit card,
visit the website of the Federal Reserve Board at 
http://www.federalreserve.gov/creditcard.

None.

Fees
Annual Fee 
Transaction Fees
—  Balance Transfer  —  None.
—  Foreign Transaction  —  2% of the U.S. dollar amount of each purchase made in a foreign currency.
—  Cash Advance 
Penalty Fees
—  $29 late payment fee for any payment past due 10 days or more.
—  Late Payment 
—  Overlimit 
—  None.
—  Returned Payment  —  None.

—  $3 or 3% of the amount of each cash advance, whichever is greater (maximum $100).

How  we  calculate  your  balance:  We  use  a  method  called  “average  daily  balance  method  (including  current 
transactions).” See our Disclosure and Agreement for more details.

Billing rights:  Information on your rights to dispute transactions and how to exercise those rights is provided in our 
Disclosure and Agreement.

THE HERITAGE BANK
MASTERCARD®/VISA® CREDIT CARD 
DISCLOSURE AND AGREEMENT
This  document  is  your  Truth  in  Lending  Disclosure  and  Credit  Card  Agreement 
with First-Citizens Bank & Trust Company. First-Citizens Bank & Trust Company, 
is  an  affiliate  of The  Heritage  Bank.  Please  read  it  carefully  and  keep  it  for  your 
records.  It  supersedes  all  prior  agreements  and  disclosure  statements  relating  to 
your Account. You do not have to sign this Agreement. Your agreement to all of the 
following provisions will be shown by your application for a credit card account, your 
acceptance of the Card, or your use of a Card to access your Account, whichever 
comes first. This Agreement also applies to any loans obtained under your Account 
where funds are advanced by use of a Card, a Convenience Check, or at an ATM.
1.  Definitions:  In this Disclosure and Agreement the following definitions for the 

underlined words apply:
— Account means your credit card account established under this Agreement.
— Agreement  means  this  Credit  Card  Agreement  and  Truth  in  Lending 
Disclosure,  including  the  Pricing  Information  Disclosure,  which  is  hereby 
incorporated as part of the Agreement.

— APR means Annual Percentage Rate. Your Interest Charge is based on 

the APR. 

— ATM means automated teller machine.
— Authorized User means an individual to whom you have asked us to issue a 

Card on your Account. 

— Bank, we, us and our refer to First-Citizens Bank & Trust Company.
— Billing Cycle means a period of time that is approximately 30 days in length. 
Each Billing Cycle ends on the Statement Closing Date provided on your 
Billing Statement. 

— Billing  Statement  (or  Statement)  means  a  document  we  provide  to  you 
showing  Account  information  including,  among  other  things,  your  Credit 
Limit  and  Available  Credit,  Account  Activity  during  a  Billing  Cycle,  New 
Balance, Minimum Payment Due and Payment Due Date.

— Card means either one or more MasterCard®/Visa® credit cards or any other 
access device such as a debit or ATM card, used to access your Account.
— Convenience Check (or Check) means any one or more checks we may send 

you to access your Account. 

— Daily Periodic Rate means the APR divided by the number of days in the year 

(365 days, or 366 days in the case of a leap year). 

— Finance Charge is the cost of credit as a dollar amount. It includes the Interest 

Charge plus disclosed Transaction Fees. 

— Interest Charge is the periodic rate charge based on the applicable APR. It is 
a component of the Finance Charge and is defined in more detail in Section 
6. Your Total Interest is a summary of the Interest Charges for each balance 
and associated APR. 

— Merchant means a business displaying the MasterCard or Interbank/Visa 

sign and accepting your Card for the purchase of goods and services.

— Minimum Payment Due and Payment Due Date mean the amount you must 
pay, and the date by which you must pay it, to avoid a Late Payment Fee. See 
Section 11 for details.

— New Balance (or “Balance”) means your outstanding balance for the current 

month as of the Statement Closing Date. 

— Penalty Pricing means an increase in your APR due to one or more delin-

quencies in payment.

— Transaction  Fees  are  components  of  your  Finance  Charge  and  include 

Foreign Currency Conversion Fees and Cash Advance Fees.

— You, your and yours refer to each or all cardholders on the Account as well 

as anyone a cardholder permits to use the Card.

2.  Credit Limit: We will provide you notice of your credit limit when we send you 
your Card, and it will also be listed on each Billing Statement we send you. 
At our discretion, we may change your limit at any time as permitted by law 
and after providing you with appropriate notice as required. We do not auto-
matically increase your credit limit if you make a payment that results in your 
Account having a credit balance. You may request a change to your credit limit 
by contacting the Bank at the toll free number listed on the back of your Card 
and  on  your  Statement.  We  do  not  have  to  pay  any  Convenience  Check  or 
honor any cash advance or purchase with your Card that puts your Account 
balance over your credit limit. You agree not to exceed your credit limit, but 
if you do, and we pay or accept any Checks, advances or purchases that put 
your unpaid Account balance over your credit limit, you promise to pay these 
amounts without our notice or demand.

3.  Additional  Cards  and  Convenience  Checks:  You  may  request  additional 
Cards on your Account for yourself or for one or more Authorized Users by 
contacting the Bank at the toll free number listed on the back of your Card and 
on your Statement. You are responsible for your Authorized User’s use of the 
Card. If you want to remove an Authorized User from the Account your must 

F03-J409-3 (6/10)

contact us at the number provided on your Statement and destroy all Cards 
in his or her possession. Authorized Users may remove themselves from the 
Account upon request. From time to time, we may provide you with Conve-
nience Checks to access your Account that you can use like any other personal 
checks except they cannot be used to make payments to us under this Account 
or, without our written consent, to pay any other amount you owe us. Purchases 
made via Convenience Checks are treated as cash advances for the purpose 
of calculating Interest Charges. 

4.  Card Use: You or an Authorized User on your Account must sign your Card 
in  order  to  use  it.  You  may  use  your  Card  to  buy  goods  and  services  from 
Merchants or to borrow cash from us at one of our branches or at other banks 
where the Card is honored up to the credit limit we establish for you. You must 
follow any and all reasonable and proper procedures required by us or the other 
bank or Merchant honoring the Card. 

5.  Transaction Limitations/Suspensions: There is no minimum dollar amount 
for Card purchases; however, there is a $50 minimum on cash advances. At our 
discretion, we may limit the number of transactions that may be approved in any 
one day. If we detect unusual or suspicious activity on your Account, we may 
temporarily suspend your credit privileges until we can verify the activity. We 
are not responsible if a transaction on your Account is not approved, either by 
us or by a third party, even if you have sufficient credit available. We may, in our 
discretion, approve transactions that cause your balance to exceed your credit 
limit without waiving any of our rights under this Agreement. 

6.  Finance Charges: The total Finance Charge imposed on your Account each 
Billing  Cycle  is  the  sum  of  the  Interest  Charges  plus  all  Transaction  Fees 
imposed during that Billing Cycle.
(a) Interest Charges

— Interest  Charges  on  Goods  and  Services  Purchased  by  Card:  We  will 
impose no Interest Charge to your Account if we credit you for payment 
of the entire New Balance shown on your Statement by the Payment Due 
Date. If your payment is not credited to your Account by the Payment Due 
Date (see Section 11), or you do not pay your New Balance in full, we will 
impose an Interest Charge on the average daily balance outstanding on 
your Account for the number of days in your Billing Cycle.

— Interest  Charges  on  Cash  Advances  and  Balance  Transfers:  We  will 
impose  an  Interest  Charge  for  your  cash  advances  (whether  they  are 
obtained by Check or Card), including any balances you transfer, from the 
date of the cash advance or the date the balance transfer posts. 

— Calculation of Average Daily Balance(s): We use the average daily balance 
method (including current transactions) for calculating your average daily 
balance(s). We will determine an average daily balance for (1) each of your 
purchase balances, and (2) each of your cash advance (including balance 
transfers) balances. To get the daily balance for your purchase and cash 
advance  (including  balance  transfer)  amounts,  we  take  the  beginning 
balance of your Account each day, add any new purchase, cash advance 
and balance transfer amounts, as applicable, add any new charges and 
fees, subtract any applicable portions of payments and credits, and add 
applicable unpaid Interest Charges from the application of the daily peri-
odic rate to each day’s ending balance. 

— Calculation of Your Interest Charge: Your Interest Charge for the period 
is  based  on  the  applicable  Annual  Percentage  Rate  (APR)  associated 
with each balance. We disclose the currently effective APR in our Pricing 
Information Disclosure, which is part of this Agreement and is included 
with our letter to you advising you that your Account has been approved. 
Portions  of  your  Balance,  however,  may  be  subject  to  prior  APRs.  We 
calculate Interest Charges separately for your purchase and cash advance 
(including balance transfer) balances under each applicable APR. We list 
each balance and the applicable interest rate in the Interest Charge Calcu-
lation section of your Statement. We compute each Interest Charge by: 
(1)  calculating the daily periodic rate, 
(2)  multiplying the average daily balance for each balance by the applicable 
daily periodic rate (which is based on the APR applied to that balance), 
(3)  multiplying each of the products in (2) by the number of days in the 

Billing Cycle, and

(4) adding together all the products obtained in (3) to obtain your Total 

Interest for the period.

(b) Transaction Fees: You will pay additional Finance Charges, called “Transac-
tion Fees,” if incurred. A description of these fees is included below; however, 
the  actual  fee  for  these  transactions  is  listed  in  our  Pricing  Information 
Disclosure at the end of this Agreement. In the first Billing Cycle in which a 
Transaction Fee is posted, the Transaction Fee may cause the APR shown 
on your Statement for that Billing Cycle to exceed the nominal APR. 
— Foreign Transaction (Foreign Currency Conversion) Fee. MasterCard Inter-
national, Inc. or Visa International, as applicable, will convert any charges 
you incur in currency other than U.S. dollars into a U.S. dollar amount under 
the currency conversion procedures set forth in their respective Operating 
Regulations in effect at the time the transaction is processed. The non-U.S. 

  
  
dollar transaction amount is converted into a U.S. dollar amount by multi-
plying the transaction amount in the non-U.S. dollar currency by a currency 
conversion or exchange rate. The currency conversion rate is either (1) a 
government-mandated rate in effect for the applicable processing date; or, 
(2) for MasterCard, a wholesale rate provided to MasterCard for the appli-
cable processing date; or, (3) for Visa, a rate selected by Visa from the range 
of rates available in wholesale currency markets for the applicable central 
processing date, which rate may vary from the rate Visa itself receives. The 
currency  conversion  rate  is  determined  as  of  the  date  the  transaction  is 
processed and may differ from the rate in effect on the date the transaction 
occurred or posted to your account. Both MasterCard and Visa charge us, 
as the processing bank, a percentage of the transaction amount. The fee 
we charge you for foreign currency conversions is contained in our Pricing 
Information Disclosure at the end of this Agreement. 

— Cash Advance Fee. We charge you a fee for cash advances you make. 
For purposes of the imposition of Cash Advance Fees, the term “cash 
advance”  means  a  cash  advance  loan  made  to  you  or  on  your  behalf 
through the use of a Card, but does not include purchases, the use of 
Checks, or balance transfers to your Account from credit card accounts 
you maintained at other financial institutions. See your Pricing Information 
Disclosure at the end of this Agreement for the amount of the fee. 
— Balance Transfer Fee. We do not charge a Balance Transfer Fee.

(c)  Compounding of Finance Charges and Unpaid Finance Charges: Finance 
Charges compound daily. We will consolidate unpaid Finance Charges and 
other unpaid charges into your Account balance daily. In this way, unpaid 
Finance Charges and other unpaid charges from the previous day will be 
subject to and included in the calculation of the new Finance Charge. 

(d) Penalty  Pricing:  We  will  not  increase  your  APR  if  your  Account  becomes 
delinquent; however, if your Account was already in Penalty Pricing prior to 
August 21, 2009, it will remain so until the Account is in non-delinquent status 
for three consecutive Billing Cycles, at which time the Penalty Pricing will be 
removed and the Account will revert to standard pricing. 

7.  Rates: Your APR and Daily Periodic Rate are based on the highest prime rate 
as published in the Money Rates table of The Wall Street Journal on the last 
business day of the month (the “Prime Rate”). Your APR and Daily Periodic 
Rate are subject to increase (or decrease) monthly if the Prime Rate increases 
or decreases. Your APR will be equal to the Prime Rate as published on the 
last business day of the preceding calendar month, plus a 6.9% margin. The 
APR will never increase above the maximum rate allowed by applicable law. An 
increase in the Prime Rate, which causes the APR to increase, will result in an 
increase in the amount of the Finance Charge. This may cause an increase in 
the Minimum Payment Due or cause a smaller amount of your payment of the 
Minimum Payment Due to be applied to principal. 

8.  Fees: 
  Annual Fees, if any, Transaction Fees (e.g., Balance Transfer Fees, Cash Advance 
Fees, Foreign Currency Conversion Fees), and Penalty Fees (e.g., any Late 
Payment Fee, Overlimit Fee, or Returned Payment Fee) are disclosed in our 
Pricing Information Disclosure at the end of this Agreement. You also agree to 
pay the following one-time fees if incurred:
(a) Expedited Card Fee (for requests of expedited delivery of Cards): $25
(b) Document Fee (for duplicate copies of Statements and copies of charge 
slips or other documents not requested in connection with a billing error): 
$5 per Statement or item 

(c)  Expedited Delivery of Payment Fees (for rush payments):

—  Automated Clearing House (“ACH”) payment transfers that you initiate 
through a Bank customer service representative whom you contact by 
using the 800 telephone number listed on your Statement: $5 

— Payment transfers you make from one of your Bank checking or savings 
accounts with the assistance of a Bank Customer Contact Center repre-
sentative: $2 

9.  Changes to Rates, Fees and Terms: We may add, delete or change any term 
of this Agreement at any time unless the law prohibits us from doing so. We can 
increase your Interest Charge for new transactions and your Fees one year 
after your Account has been opened. We will send notice of any changes to you 
at the address you have given us as required by law. 
(a) If  we  increase  your  fees,  we  will  inform  you  of  your  options  in  advance, 
including any right you may have to opt out of some of these changes. If 
you do opt out, we will close your line of credit to new purchases and cash 
advances, and we will not permit you to transfer balances to your Account 
from another credit card account. However, if you have failed to make the 
required Minimum Payment Due within 60 days after the Payment Due Date 
for that payment, you agree that any new or changed fee(s) shall apply both 
to existing balances and new transactions. 

(b) Your variable APR can go up or down monthly as the index for the rate goes 
up or down. If we increase your Interest Charge for any other reason, we 
will notify you in writing; however, we will not apply any such increase to the 
existing balance in your Account. 

(c)  If the Bank has temporarily reduced your APR in connection with a hardship 
arrangement, we will notify you in writing when the arrangement ends and 
the temporary APR reverts to your prior APR. The prior APR will then apply 
to your outstanding balance as well as to any new transactions. 

(d) If you are a service member on special APR, we will notify you in writing, in 
accordance with federal regulations, when your APR reverts to your prior 
APR. The prior APR will apply to your outstanding balance as well as to any 
new transactions.

10. Billing Statement and Notification of Billing Error: We will send you a periodic 
Billing Statement every month. It is your responsibility to review the Statement and 
notify us promptly of any charge or item you believe to be in error or subject to 
dispute. If you do not notify us of any disputed items within sixty (60) days after the 
date we send you the Statement on which the error first appears, the item(s) will be 
conclusively deemed as correct to the extent permitted by law. You will not receive 
any cancelled Checks with your Statements; however, you may obtain a photocopy 
of an electronic image of any Check we have in our records that you request. You 
may be required to pay a Document Fee for such copies. (See Section 8 for fee.).
11.  Payments and Late Payment Fee: You can pay off your Account balance in 

full each month or you can pay in monthly installments.
(a) Crediting  Your  Payment:  Payments  must  be  made  to  us  in  U.S.  dollars 
from a U.S. deposit account and otherwise be acceptable to us. We do not 
accept cash payments through the mail. We will credit your payment to your 
Account on the date we “receive it” as follows: 
— If you make your payment in person at one of our branches on a Bank 
business day (any day except Saturday, Sunday or a bank holiday), we 
will credit your payment on that day if we receive your payment prior to 
branch closing and you provide your payment coupon with your payment. 
Otherwise, crediting of your payment will be delayed. 

— If  you  make  your  payment  by  mail,  we  must  receive  it  at  the  specific 
address  we  publish  on  your  Billing  Statement.  Your  payment  coupon 
must be included with the payment. Otherwise, our receipt and crediting 
of your payment will be delayed. 

— If you make your payment at one of our ATMs on a Bank business day, we 
will credit your payment on that day if you make the payment prior to the 
ATM cutoff time for that ATM and you include your payment coupon. 
— If you make your payment via an electronic transfer (ACH transfer, bill pay, 
transfer from another account, etc.), we will credit your payment on the 
day that it posts to your Account.

— If  our  crediting  of  your  payment  is  delayed  because  your  payment  is 
mailed to the wrong address, does not meet our branch or ATM cutoff 
time, or does not include your payment coupon (when applicable), we will 
generally credit your payment to your Account the next Bank business 
day, but no later than 5 days after we receive it.

 (b) Minimum Payment Due: Your Minimum Payment Due is listed on your State-

ment and equals the lesser of:
— the amount of your New Balance, or
— the greater of: 
•  $30, or 
•  3% of the amount you owe, or 
•  the  sum  of  Finance  Charges  accrued  since  the  last  Billing  Cycle 
(including Interest Charges and Transaction Fees), plus any Penalty 
Fees, Annual Fees (if applicable), and one-time fees that have been 
posted to your Account, plus 1% of the amount you owe.

   Making only the Minimum Payment Due will increase the amount of interest 

you pay and the time it takes to repay your balance. 

(c)  Late Payment Fee: If payment of the Minimum Payment Due amount on your 
Account is not credited to your Account by Payment Due Date, we will charge 
you a Late Payment Fee unless your Minimum Payment Due is less than $30, 
in which case we will not assess a late Payment Fee. (See our Pricing Informa-
tion Disclosure at the end of this Agreement for a description of the fee.) 
(d) Prepaid Status: If you pay more than the Minimum Payment Due during any 
particular Billing Cycle, you still must pay the Minimum Payment Due in subse-
quent Billing Cycles unless we notify you that you are in “prepaid status.” Your 
Account can achieve “prepaid status” if you pay at least twice the amount of 
the Minimum Payment Due but less than the New Balance, whichever is less. 
Your Account can be in prepaid status without a payment being required for a 
maximum of three consecutive months. If your Account is in prepaid status and 
you continue to make payments, the prepaid status will remain in effect until the 
prepaid amount is equal to or less than the Minimum Payment Due. Your Account 
cannot be in prepaid status if your Account is in an adverse condition (delinquent, 
overlimit, etc.) or if the entire Balance is due. If you pay the New Balance in full 
or make a payment that is greater than the balance, your Account cannot be in a 
prepaid status and any existing prepaid status that may exist is cancelled. 

(e) Application of Payments: We apply your Minimum Payment Due amount to 
your lower APR balances before higher ones. We apply any portion of your 
payment in excess of your Minimum Payment Due to higher APR balances 
before lower ones. 

(f)  Skip Payments: We may allow you to skip a payment during certain Billing 
Cycles  (a  “payment  holiday”).  If  you  accept  a  payment  holiday,  we  will 
continue  to  apply  Interest  Charges  but  will  not  impose  a  Late  Payment 
Fee. All credit terms and provisions contained in this Agreement (including 
Minimum Payment Due and any applicable Late Payment Fee) will apply for 
the Billing Cycle following a payment holiday.

12. Credit Obtained by Checks: To obtain credit by using Convenience Checks, 
you must use the Checks we provide to you that are imprinted with your name 
and  Account  number.  You  are  liable  and  responsible  for  all  Checks  written 
against your Account if they are signed by anyone whom you authorized to do 
so. We are not liable or responsible for paying postdated Checks. We are also 
not liable or responsible if, due to our paying a postdated Check or other Check 
you have asked us not to pay, other Checks are dishonored or returned unpaid. 
We are not liable or responsible for dishonoring and returning a Check unpaid if 
(1) payment of the Check would cause you to exceed your available line of credit, 
(2) because you are then in default under, or in breach of the terms of this Agree-
ment, or (3) because your privileges under this Agreement have been revoked. 
If, however, we pay any Check in our discretion that we could have properly 
dishonored or returned unpaid for any reason (including the above reasons), 
then you, nevertheless, agree to pay the amount of the Check. Payment of a 
Check shall not constitute our waiver of amounts due and unpaid at that time. 
13. Ownership of Checks and Cards: Cards are issued by, and are the property 
of, First-Citizens Bank & Trust Company. Cards and related Convenience Checks 
remain our property at all times and may be repossessed by us at any time. We 
may refuse to issue or reissue you a Card or Checks, revoke your Card or limit Card 
use, and/or revoke your privileges relating to the use of Checks, without your knowl-
edge and without notice to you. If we revoke your Card or withdraw your privilege to 
use any Checks, and you become aware of such revocation/withdrawal, you must 
surrender to us or our agent the Card, the Checks, and any other cards or devices 
that may be used to access the Account. You must not use any expired, revoked 
or otherwise invalid Card or Checks to obtain, or attempt to obtain, credit. You must 
not use the Card, Checks and/or the Account for any illegal transactions.   

14. Responsibility for Charges to Your Account: We may charge your Account 
for any transaction authorized either by you or by any Authorized User. Valid 
authorization for a transaction may be given (1) in writing (e.g., by signing a 
sales slip or cash advance slip), (2) verbally (e.g., by telephone), or (3) electroni-
cally (e.g., over the Internet). If you or any Authorized User gives your Account 
number to any third party who uses that information to initiate a charge against 
your Account, we will consider the transaction authorized by you.  

15. Refusal to Honor Card or Checks; Adjustments: We are not responsible if 
a Merchant refuses to honor your Card or Checks. If your Account requires an 
adjustment for goods or services purchased (a return), we will make the adjust-
ment only to your Account and only upon our receipt of a properly executed 
credit slip. You agree not to accept any cash refunds with respect to any adjust-
ments for goods or services purchased.  

16. Default: 

(a) Each of the following constitutes an event of default:

— Your failure to make any payment when due and payable.
— Your failure to comply with any provision of this Agreement or any other 
agreement relating to other cards or devices that access your Account.
— Your death or insolvency, or your making an assignment for the benefit of 

creditors.

— The filing of a petition or commencement of any other proceeding under 

any bankruptcy, insolvency or receivership law by or against you.

— Issuance of any writ, order or notice of attachment, levy or garnishment 

against you or any of your property, assets or income.

— The  occurrence  of  an  event  that  gives  us  reason  to  believe  that  your 
ability to pay us on time has been impaired, or that you may use your 
Card or Checks improperly.

 (b) Our rights in the event of default: We may, at our option and after giving you 
all legally required notices and rights to cure, declare all amounts you owe 
us immediately due and payable with interest at the rate provided in this 
Agreement.  If this occurs, you agree to pay us, to the extent permitted by 
applicable law, all costs of collection, including, without limitation, reasonable 
attorneys’ fees and expenses. Any such attorneys’ fees will be added to the 
unpaid Balance on your Account and interest will be charged on this amount 
at the rate provided in this Agreement. We also have the right to cancel the 
Agreement and take immediate possession of all Cards and Checks.
17.  Investigating Your Credit; Reporting Your Credit History: You authorize us, 
at any time we feel appropriate, to obtain or conduct whatever credit investiga-
tion we feel is needed to evaluate your credit, personal or financial standing, 
and/or  employment.  Upon  our  request,  you  agree  to  provide  us  with  your 
current financial information. You also authorize us to report information about 
your Account to consumer (credit) reporting agencies, and share your credit 
experience, including information on late payments, missed payments, or other 
defaults on your Account, with consumer reporting agencies, creditors and any 
others. This information may be reflected in your credit report.

18. Contacting You: You expressly authorize us, our affiliates, our agents, and 
any  independent  contractors  we  hire  to  contact  you  in  person  or  by  using 
an automated device or prerecorded messaging system or any other way at 
any telephone number or other electronic device or devices we or our affiliates 
or agents believe will or may connect us/them with you including, but not limited 
to (1) cell phone numbers you have given to us or we may acquire by any other 
means, (2) text messaging, (3) email, or (4) facsimile.  

19. Joint and Several Liability: Each person who signs the Account application, or 
who otherwise requests a Card, shall be jointly and severally liable for all loans, 
purchases, advances and balance transfers made on the Account whether by 
Card, Check or otherwise. 

20. Lost/Stolen Cards or Checks: When you discover that any Card or Check is lost, 
stolen or used in an unauthorized manner, you agree to notify us immediately upon 
such discovery:
—  in writing: at Bankcard Center, P.O. Box 1580, Roanoke, VA 24007-1580; or
—  by telephone: at 1.800.763.0356.
You  agree  to  cooperate  with  us  completely  in  our  attempts  to  recover  from 
unauthorized  Card  or  Check  users  and  to  assist  in  the  prosecution  of  such 
persons. You will not be liable for any unauthorized use that occurs if you notify 
us promptly, either orally or in writing, of the loss, theft or possible unauthorized 
use. In any case, your liability will not exceed $50.00. Furthermore, your liability 
will not exceed the following:
—  MasterCard Card: $0 if you report the Card lost or stolen, have exercised 
reasonable care in using the Card, have reported no more than two occur-
rences of unauthorized Card use in the last 12 months, and your account is 
in good standing.

—  Visa Card: $0 if you report the Card lost or stolen for all transactions made 

over the Visa network.

21. Cancellation: You may cancel this Agreement at any time by notifying us in 
writing and returning to us any and all Cards and/or Checks we have provided to 
you. We may also cancel this Agreement at any time without notice except when 
prohibited by law. In either case, you must continue to pay all amounts you owe 
on your Account in accordance with the terms contained in this Agreement.
22. Notices and Statements: Any notice or Statements we mail to the address 
we have for you as shown in our records for this Account shall be considered to 
have been given and received by you. 

23. Governing Law: This Agreement and your Account is governed by federal law 
and, to the extent permitted, by the laws of the State of North Carolina (even if 
you are not a resident of North Carolina) in all respects, whether in contract or 
in tort, including matters of construction, validity and performance and matters 
relating to terms, rates, fees and charges, but without giving effect to those prin-
ciples of conflict of laws that might otherwise require the application of the laws 
of another jurisdiction. You agree that, to the extent allowed by law, we may 
change the designation of the state whose law governs this Agreement. You 
acknowledge that your Account was approved in the State of North Carolina.

FEDERAL CONSUMER PROTECTION ACT DISCLOSURE 
YOUR BILLING RIGHTS 
KEEP THIS NOTICE FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair 
Credit Billing Act. “You” and “your” mean the cardholder; “we”, “our” and “us” 
mean First-Citizens Bank & Trust Company.
WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your statement, write to us as soon as possible 
on a separate sheet of paper at the address shown on the first page of your 
statement following the words “Send Inquiries and Correspondence to:” In 
your letter, give us the following information:

—  Account information: Your name and account number
—  Dollar amount: The dollar amount of the suspected error; and
—  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. 

If you want us to stop payment on the amount you think is wrong, you must 
contact us:

—  Within 60 days after the error appeared on your statement, and
—  At least three (3) business days before an automated payment is scheduled.

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.