Cardmember Agreement for Lexus Pursuits Visa® Signature Accounts 

This credit card program is issued and administered by Lexus Financial Savings Bank. This information is accurate as of March 31, 2014. 
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the Agreement 
that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION: Actual pricing will vary from one Cardmember to another 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the market based on 
the Prime Rate. 

Prime + 8.74% to Prime + 13.74% (Maximum 
27.99%) 
(APR) 11.99% to 16.99% 
(DPR) 0.032849% to 0.046548% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the market based on 
the Prime Rate. 

Prime + 8.74% to Prime + 13.74% (Maximum 27.99%) 
(APR) 11.99% to 16.99% 
(DPR) 0.032849% to 0.046548% 

Annual Percentage Rates for Cash Advances 
This APR will vary with the market based on 
the Prime Rate. 

Prime + 16.99% (Maximum 27.99%) 
(APR) 20.24% 
(DPR) 0.055452% 

 Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

  Annual Membership Fee 
  Travel Membership Fee 

Transaction Fees   

  Balance Transfer Advance Fee  

  Convenience Check Advance Fee 

If you are charged interest, the charge will be no less than 
$2.00. 
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. 
NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before you begin using your Card and based on your 
Revolve Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not yet 
used it or paid a fee after receiving a billing statement. If you do 
reject  the  Account,  you  are  not  responsible  for  any  fees  or 
charges. 
NONE 
$0 to $60 annually 

Either $5 or 3% of the amount of each transfer, whichever is 
greater (maximum fee: NONE) 
Either $5 or 3% of the amount of each advance, whichever is 
greater (maximum fee: NONE) 

  Financial Institution Cash Advance Fee   Either $5 or 3% of the amount of each advance, whichever is 

  Cash Equivalent Advance Fee 

  Cash Advance Overdraft Protection 

Fee  

  Cash Advance ATM Fee 

  Foreign Transaction Fee 

greater (maximum fee: NONE) 
Either $5 or 3% of the amount of each advance, whichever is 
greater (maximum fee: NONE) 
NONE 

Either $5 or 3% of the amount of each advance, whichever is 
greater (maximum fee: NONE) 
Up to 3%  

Account Fees 

  Late Fee  

  Return Payment Fee  

Up to $35 

Up to $35 

 
 
 
 
 
 
 
 
 
How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”.  See 
the Cardmember Agreement for more details. 

LEXUS FINANCIAL SAVINGS BANK 
P. O. Box 6352 
Fargo, ND  58125 

Cardmember Agreement  

This Cardmember Agreement and Disclosure Statement (the “Agreement”) contains the terms that apply to your Credit Card Account (the “Account”).  In this Agreement, "you", “your" 
and “Cardmember” means each individual in whose name the Account is opened or who otherwise agrees to be liable on the Account.  “We”, “us”, “our”, and “Issuer” mean the issuer of 
the Card and your Account creditor.  “Card” means credit card(s) we issue on your Account.  “Authorized User” means a person you authorize to use a Card or the Account.  “Affiliate” 
means Toyota Motor Credit Corporation, Toyota Motor Sales, U.S.A, Inc. and related Toyota companies in the United States.  Please read this Agreement carefully and keep it for your 
records.  The Agreement becomes effective as soon as you or an Authorized User uses the Card or Account, but no later than  30 calendar days after we issue the Card, if you fail to 
return it to us within that time period.   Your Card Carrier contains fee and/or rate disclosures that form part of  the Agreement that is provided with the Account and Card.  This web 
Agreement does not replace the Agreement that is provided with the Account and Card. 

THIS  AGREEMENT  CONTAINS  AN  ARBITRATION  PROVISION  IN  THE  LAST  NUMBERED  PARAGRAPH.    IF  YOU  ACCEPT  THIS  AGREEMENT  BY  USING  YOUR  CARD  OR 
ACCOUNT OR FAILING TO RETURN THE CARD TO US WITHIN 30 DAYS AFTER WE ISSUE THE CARD, THIS PROVISION WILL BECOME PART OF YOUR AGREEMENT. IT 
SUBSTANTIALLY AFFECTS THE WAY THAT YOU AND WE WILL RESOLVE ANY CLAIM THAT YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.  

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1. Account Purchases  -  You may use the Account to buy, lease or otherwise obtain 
goods or services from participating merchants (including transactions you initiate by 
mail, telephone or over the Internet), or take advantage of special promotional Balance 
Transfer  offers  that  post  as  Purchase  transactions  (“Purchases”).    We  will,  in 
connection with any promotional offer we make from time to time, provide information 
on  your  Card  Carrier  or  in  additional  materials  (the  “Offer  Materials”)  that  explain 
whether those transactions will post and be treated as a Purchase. Even if you have 
not signed a sales draft or the merchant has not supplied you with a written receipt or 
other proof of sale, you are responsible for all Purchases made through the Account, 
except as expressly limited by applicable law (see “Your Billing Rights” section below 
for more details).  

2. Account Advances - Advances are transactions other than Purchases that allow you 
to  receive  direct  access  to  funds  available  through  your  Account.  Advances  may 
include Account transactions such as cash advances you obtain directly from us, other 
participating  financial  institutions,  or  automated  teller  machines  (“Cash  Advances”), 
Cash Equivalent Advances, Convenience Checks, or Balance Transfers that indicate 
that  they  will post as  Advances  in  the Offer  Materials.  (“Cash  Equivalent Advances” 
include  transactions  to  initiate  wire  transfers,  purchase  travelers  checks  and  money 
orders,  make  foreign  cash  transactions,  engage  in  permissible  casino  gaming  and 
betting  transactions  and  purchase  lottery  tickets.)  Monthly  Account  statements  we 
issue may refer to an Advance as an “Advance”, “Cash”, “Cash Advance”, or by the 
product or device you used to obtain the Advance. (Refer to the Account Fees section 
for details on Advance Transaction Fees.) 

3. Advance Limits – No more than 25% of your Revolve Limit (defined below) may be 
used  for Cash  Advances,  Cash Equivalent  Advances  and  Convenience  Checks  and 
Balance Transfers posted as Advances (your “Advance Limit Cap”).  However, we may 
increase or decrease your Advance Limit Cap at our discretion.  

4. Convenience Checks - From time to time, we may supply Convenience Checks for 
your use. Convenience Checks are drafts that look like other checks, but are drawn on 
the  credit  available  in  the  Account.  Convenience  Checks  will  be  posted  to  your 

Account as an Advance, unless we state otherwise in the materials that accompany 
any  special  promotional  offer  we  may  make  (the  “Offer  Materials”).  Convenience 
Checks must be written in U.S. Dollars. We may return a Convenience Check unpaid 
if:  (a)  the  credit  available  on  your  Account  is  less  than  the  Convenience  Check 
amount;  (b)  the  Account  is  in  default;  or  (c)  the  Convenience  Check  is  improperly 
signed  or  otherwise  fails  to  conform  to  our  regularly  accepted  standards  for  check 
payment. You may not use Convenience Checks to pay any amount you owe on the 
Account or any obligation you owe to us or any of our Affiliates. 

5. Paying and Stopping Payment on Convenience Checks - You may request that we 
stop  payment on a  Convenience  Check that  has  not  yet  been paid  by  following  the 
procedures  described  in  this  Section.  You  must  write  to  us  or  call  to  request  that 
payment be stopped on a Convenience Check. You must call us promptly with an oral 
stop  payment  request  and  then  provide  us  with  a  written  confirmation  of  the  stop 
payment request within 14 days. Any stop payment request we receive will remain in 
effect for 6 months, unless you renew the request in writing before the end of that time. 
We  may  pay  Convenience  Checks  more  than  6  months  old.  There  may  be 
circumstances  under  which  a  Convenience  Check  must  be  paid,  even  if  we  have 
received a stop payment request from you. We will not be liable to you if we do not 
honor your stop payment request under those circumstances. If it is determined that a 
Convenience Check should have been paid, but was not, we will not be liable for any 
consequential,  punitive  or  incidental  damages  if  we  acted  in  good  faith.  Our  only 
obligation under those circumstances will be to pay the designated payee the amount 
of the Convenience Check and cancel any charges assessed against your Account as 
a result of any wrongful failure to honor the Convenience Check. 

6. Balance Transfers - From time to time we may permit you to transfer to the Account 
any balances and obligations that you owe to other companies or financial institutions. 
Balance  Transfers  will  be  posted  to  the  Account  as  a  Balance  Transfer,  unless  we 
state otherwise in the Offer Materials. You may not request a Balance Transfer of any 
existing  obligation  you  owe  to  us  or  any  of  our  Affiliates.  If  you  request  a  Balance 
Transfer  that  would  cause  the  Account  to  exceed  its  available  Revolve  Limit,  at our 
option,  we  may  (a)  post  the  amount  in  excess  of  your  total  Revolve  Limit  as  an 
Advance; or (b) refuse to accept the entire Balance Transfer you requested. 

INTEREST CHARGES AND ACCOUNT FEES 

7. Account INTEREST CHARGES - INTEREST CHARGES reflect the cost of credit. 
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) 
periodic rate INTEREST CHARGES (sometimes referred to as “interest” here and on 
monthly Account statements); (b) Advance transaction fees; and (c) other transaction 
fees that are considered INTEREST CHARGES. In some of the following sections and 
your Account statement, we have abbreviated the terms “daily periodic rate” as “DPR”, 
“average daily balance” as “ADB”; and “ANNUAL PERCENTAGE RATE” as “APR”.  

8. Interest Rate – In this section, we have abbreviated the terms “daily periodic rate” 
as DPR, “average daily balance” as ADB, and “ANNUAL PERCENTAGE RATE” as 
APR.  

Your  Variable  APRs  are  calculated  by  adding  a  margin  to  the  Index.  Your  Variable 
DPR is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR 
may increase or decrease from time to time according to the movements up or down of 
the  Index,  which  is  the  Prime  Rate  published  in  the  "Money  Rates"  section  of  the 

 
 
 
 
 
 
 
 
Midwest Edition of The Wall Street Journal on the last publication day before the date 
on which the billing cycle closed (in other words, the "statement date"). Any variable 
rate adjustment based on an Index change will be effective as of the first day of the 
current billing cycle, and will apply to the new and outstanding Account balances and 
transactions subject to that variable rate. We reserve the right to choose a comparable 
new index if The Wall Street Journal ceases to publish a Prime Rate. The margin is the 
percentage we add to the Index to calculate the APR. The current applied Index value 
for your Account is 3.25%.   
(a) Standard Interest Rates - Rate for "Purchases" and "Balance Transfers": The DPR 
for transactions posting as Purchases and Balance Transfers is equal to 1/365th of its 
corresponding  APR.  Rate  for  "Advances":  The  DPR  and  corresponding  APR  for 
transactions  posting  to  the  Account  as  Advances  is  equal  to  1/365th  of  its 
corresponding APR.   

Introductory and Promotional Rates - We may, at our option, offer you for a limited 
time  introductory  or  promotional  interest  rates  for  all  or  part  of  new  Purchase, 
Advance, or Balance Transfer balances on the Account. We will tell  you in the Offer 
Materials the introductory or promotional rate and the period of time during which that 
rate will be in effect and any conditions or requirements of the offer. Unless the Offer 
Materials state otherwise, an introductory or promotional rate will generally remain in 
effect until the sooner of: (i) the last day of the billing cycle in which the introductory or 
promotional rate expires or (ii) the first day of the billing cycle in which the Account is 
closed to future transactions.   

9.  Interest    Charge;  Method  of  Computing  Balance  Subject  to  Interest  Rate-  We 
calculate  the  periodic  rate  or  “interest”  portion  of  the  INTEREST  CHARGE  by 
multiplying  the  applicable  DPR  by  the  ADB  (including  new  transactions)  of  the 
Purchase,  Advance  and  Balance  Transfer  categories  subject  to  interest  (“Amounts 
Subject  to  Interest”),  and  then  adding  together  the  resulting  interest  from  each 
category.  We  determine  the  ADB  separately  for  the  Purchases,  Advances  and 
Balance Transfer categories. To get the ADB in each category, we add together the 
daily  balances  in  those  categories  for  the  billing  cycle  and  divide  the  result  by  the 
number  of  days  in  the  billing  cycle.  We  determine  the  daily  balances  each  day  by 
taking  the  beginning  balance  of  those  Account  categories  (including  any  billed  but 
unpaid  interest,  fees,  credit  insurance  and  other  charges),  adding  any  new  interest, 
fees,  and  charges,  and  subtracting  any  payments  or  credits  applied  against  your 
Account balances that day. We add a Purchase, Advance or Balance Transfer to the 
appropriate balances for those categories on the later of the transaction date or the 
first day of the statement period. Billed but unpaid interest on Purchases, Advances 
and Balance Transfers is added to the appropriate balances for those categories each 
month on the statement date.   Billed but unpaid Advance transaction fees are added 
to the Advance balance of the Account on the date they are charged to the Account.  
Any billed but unpaid fees on Purchases, credit insurance charges, and other charges 
are added to the Purchase balance of the Account on the date they are charged to the 
Account.  Billed  but  unpaid  fees  on  Balance  Transfers  are  added  to  the  Balance 
Transfer balance of the Account on the date they are charged to the Account. In other 
words, billed and unpaid interest, fees, and charges will be included in the ADB of the 
Account  that  accrues  interest  (the  “Amount  Subject  to  Interest”)  and  will  reduce  the 
amount  of  credit  available  to  you.  Exception:  Credit  insurance  charges  are  not 
included  in  the  ADB  calculation  for  Purchases  until  the  first  day  of  the  billing  cycle 
following  the  date  the  credit  insurance  premium  is  charged  to  the  Account.    Prior 
statement balances subject to an interest-free period that have been paid on or before 
the  payment  due  date  in  the  current  billing  cycle  are  not  included  in  the  ADB 
calculation.  You will be charged a minimum INTEREST CHARGE in any billing cycle 
in  which  an  INTEREST  CHARGE  is  due.  As  described  above,  this  Agreement 
provides for the compounding of interest on your Account. 

10.  Paying  Interest  -  You  have  a  24  to  30  day  interest-free  period  for  Purchases 
provided you have paid your previous balance in full by the Payment Due Date shown 
on  your  monthly  Account  statement.  In  order  to  avoid  additional  INTEREST 
CHARGES on Purchases, you must pay your new balance in full by the Payment Due 
Date shown on the front of your monthly Account statement. There is no interest-free 
period  for  transactions  that  post  to  the  Account  as  Advances  or  Balance  Transfers 
except as provided in any Offer Materials. Those transactions are subject to interest 
from the date they post to the Account until the date they are paid in full.  

11.  Account Fees - In addition to interest, you agree to pay the following Account fees 
and INTEREST CHARGES. We may add other fees and charges to your Account as 
described elsewhere in this Agreement: 

(a)  We  will  add  an  Advance  Transaction  Fee  INTEREST  CHARGE  to  the  Advance 
balance of the Account for each Advance you obtain during a billing cycle in addition to 
the  interest  that  accrues  on  Advances.  The  Advance  Transaction  Fee  imposed  will 
equal  the  greater  of  the  percentage  of  each  Advance  or  the  minimum  Advance 
Transaction Fee, subject to the maximum amount, except where Offer Materials state 
otherwise.  

 (b)  We  will  add  a  Balance  Transfer  Fee  INTEREST  CHARGE  to  the  Purchase 
balance of the Account except where Offer Materials specify otherwise.    

(c)  We  may  add  a  Promotional  Discount  Transaction  Fee  INTEREST  CHARGE  for 
each Promotional Discount offer you receive during the billing cycle, as outlined in any 
Promotional Discount Offer Materials offer we extend. 

(d) Annual Membership Fee. There is no Annual Membership Fee on your Account. 

(e) If you are eligible and elect to join the Travel Rewards Program, you agree to pay a 
Travel  Rewards  Program  yearly  fee  of  $60.00  for  your  participation  in  the  Travel 
Rewards Program. You agree to pay this fee regardless of whether you use the Travel 
Rewards  Program.  The  fee  will  appear  on  your  billing  statement  as  “Annual  Travel 
Fee”. 

(f) We will  add a Late Payment Fee to the Purchase balance of the Account if your 
Minimum Payment is not received by the Payment Due Date shown on the monthly 
Account statement.  

(g) We will  add a Returned Payment Fee to the Purchase balance of the Account if 
any payment on the Account is not honored for any reason or if we must return it to 
you because it cannot be processed.  

 (h)  We  may  add  a  Duplicate  Documentation  Fee  to  the  Purchase  balance  of  the 
Account for each copy of a monthly statement, sales slip, refund slip, or Advance slip 
that  you  request.  There  will  be  no  charge  for  documentation  requests  made  in 
connection with any properly filed billing error notice or billing dispute. 

(i) We will add a service charge to the Purchase balance of the Account if you call us 
to  make  a  payment  on  your  Account  and  are  assisted  by  a  Cardmember  Service 
Representative to make the payment.  

Under no circumstances will your Late Payment Fee or Returned Payment Fee ever 
be greater than your Minimum Payment due.  

IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

12. Insurance Charges - Credit life insurance and disability insurance are not required 
to  obtain  credit.    If  you  are  eligible  and  credit  life  insurance  is  available  on  this 
Account, you may participate in a group credit card insurance program, which we have 
arranged.  If you elect insurance coverage, an insurance premium charge (at the rate 
disclosed to you) will be added to the Purchase balance as of the closing date of each 
billing  cycle  based  upon  the  Account  balance  (including  accrued 
INTEREST 
CHARGES).  The  terms  of  your  insurance  coverage  will  be  summarized  in  the 
Certificate of Insurance, which will be provided to you.  

13. BalanceShield - If available on your Account, your purchase of BalanceShield debt 
cancellation  is  optional.  Whether  or  not  you  purchase  BalanceShield  will  not  affect 
your application for credit or the terms of any existing credit agreement you have with 
us. If you elect to purchase BalanceShield and are eligible to participate, the monthly 
program fee or premium (at the rate disclosed to you) will be calculated based upon 
the  Account  balance  (including  accrued  INTEREST  CHARGES)  and  added  to  the 

Purchase  balance,  as  of  the  closing  date  of  each  billing  cycle.  The  terms  of  your 
BalanceShield  coverage  will  be  summarized  in  the BalanceShield  Debt  Cancellation 
Program Agreement, which will be provided to you upon enrollment. 

14.  Credit  Limit  -  There  is  no  predetermined  credit  limit  for  your  Account.  Individual 
transactions are authorized, at our sole discretion, based on factors such as Account 
history, credit record, and ability to make your payment. 

(a)  Revolve  Limit  -  Your  Revolve  Limit  (for  Purchases,  Advances  and  Balance 
Transfers) is the total dollars available to you to carry over, less the minimum monthly 
payment,  from  billing  cycle  to  billing  cycle  as  a  revolving  line  of  credit.  Your  initial 
Revolve  Limit  is  shown on  the  Card Carrier.  We  reserve  the  right  to  periodically  re-
evaluate your Account and increase or decrease your Revolve Limit.    

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(b)  Extraordinary  Transactions  -  For  your  protection,  if  you  are  planning  an  out-of-
pattern  or  large  ticket  transaction,  you  must  inform  us  of  the  transaction  at  least  2 
business days prior, and no more than 60 days prior to the event via telephone. 

15. Payments - You must pay amounts you owe on your Account in U.S. Dollars via 
the  internet  or  telephone,  our  automated  monthly  debit  system  (AutoPay)  or  with 
checks or payment instruments drawn on a financial institution located in the United 
States. At our option, we may accept a payment drawn on a foreign bank. However, if 
we accept such a payment, you agree to pay any fees associated with collecting such 
a check. Payments will be credited to your Account as of the business day we receive 
your check or money order if it is received at the  address specified on your monthly 
Account  statement.  If  you  mail  your  payment  without  a  payment  coupon,  or  to  an 
address other than the one we provide on your Account statement, this may result in a 
delay  in  crediting  the  payment  to  your  Account.  This  may  result  in  additional 
INTEREST  CHARGES,  fees,  and  the possible  suspension of  your  Account.  In each 
billing cycle in which a balance is due, you will be required to make at least a minimum 
payment (the “Minimum Payment”) by the due date shown on the statement. 

16. Minimum Payment - Each month, you must pay at least the Minimum Payment and 
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly 
Account statement. You may, at your option, pay more than the Minimum Payment or 
pay the New Balance (as stated on your monthly Account statement) in full to reduce 
or  avoid  the  INTEREST  CHARGE  for  the  Account.  Your  Minimum  Payment  will  be 
calculated as follows:  first we determine the “Base Minimum Payment,” which is the 
greater of $30.00 or 1.00% of your New Balance up to the Revolve Limit (not including 
items (1) and (2) below).  To the Base Minimum Payment, we may add one or more of 
the following items, as incurred on your Account: (1) any late, annual and/or any other 
Account related fee, (2) the INTEREST CHARGE, and (3) if your Account is over the 
Revolve  Limit,  some  or  all  of  the  balance  amount  over  your  Revolve  Limit.    If  the 
resulting  Minimum  Payment  is  greater  than  $30.00,  the  total  is  then  rounded  to  the 
next  highest  dollar  not  to  exceed  your  New  Balance.  Any  Minimum  Payment  or 
additional amount you pay each month will not prepay any future Minimum Payments 
required,  or  change  your  obligation  to  make  at  least  a  Minimum  Payment  by  the 
Payment Due Date. 

17. How We Apply Payments - We may apply payments we receive on your Account in 
any order we deem appropriate. If for any reason we cannot collect a check or other 
payment  item  you  send  us  on  your  Account,  we  may  post  to  your  Account  as  an 
Advance  transaction an  amount equal  to  the  credit  previously  given  to  you  for  such 
check or payment item and we may charge interest on this amount from the date your 
Account originally was credited for the payment. After a payment has been made, we 
reserve  the  right  to  withhold  available  credit  from  your  Revolve  Limit  in  the  amount 
equal to the payment for 7 business days. Any remaining portion of your Revolve Limit 
will continue to be available during this time. 

All  payments  by  check  or  money  order  accompanied  by  a  payment  coupon  and 
received at the payment address designated in your billing statement will be credited 
to your Account on the day of receipt if received at the designated address by  5:00 
p.m. CST on any banking day.  Payments made via the internet or telephone will be 
credited to your Account on the day of receipt if received by us prior to 7:00 p.m. CST 
on  any  banking  day.    Banking  days  are  all  calendar  days  except  Saturday,  Sunday 
and federal holidays.  Payments due over a Saturday, Sunday or federal holiday and 
received on those days will be credited on the day of receipt.  Other types of mailed 
payments will be processed within 5 banking days of receipt by us and credited to your 
Account on the day of receipt. 

18.  Skip  Payment  Option  -  At  our  option,  we  may  from  time  to  time  offer  you  an 
opportunity to “skip” your obligation to make the Minimum Payment due for a billing 
cycle. You may not skip payments unless we make this offer to you. If we offer you this 
option, you may skip up to 2 payments in 12 months without incurring a Late Payment 
Fee,  but  those  2  skipped  payments  may  not  be  payments  that  are  required  in  2 
consecutive  months.  You  cannot  use  this  skip  payment  option  if  your  Account  is 
delinquent or in default. When you take advantage of a skip payment option we offer, 
interest will continue to accrue on the entire unpaid balance of your Account.  

19.  Change  of  Address  -  Your  monthly  Account  statements  and  notices  about  your 
Account will be sent to the address you provided in your application or your response 
to our Account solicitation. To change your address, you must call or write to us. We 
must receive this information 15 days before the date a billing cycle closes to provide 
your monthly Account statement at your new address. Note: If you have an address 
change  within  45  days  of  the  expiration  date  of  your  Card(s),  you  must  contact 
Cardmember Service with that information so that your new Card(s) can be mailed to 
your new address. 

20. Authorized Users - You agree not to allow access to your Card, Account number, 
Convenience Checks,  or  personal  identification number  (PIN)  to  anyone  else  to use 
your Account, except by asking us to issue a card to grant Account access to another 
person.  If you allow access to your Card or Account information, you will be liable for 
any  charges  made  by  that  person,  unless  and  except  as  expressly  required  by 
applicable law.  You agree to be responsible for all Account transactions made by a 
Cardmember, or anyone who you have authorized by (a) asking us to issue a Card to 
grant Account access to another person; (b) lending your Card to or allowing Account 
access  by  another  person;  or  (c)  any  other  way  in  which  you  would  be  legally 
considered  to  have  allowed  another  person  to  use  your  Account  or  to  be  legally 
prevented from denying that you did so.  Be cautious when allowing another person to 
become  an  authorized  user  of  your  Account;  once  you  allow  authority  to  any 
authorized user you cannot limit that authority unless the Account is closed to future 
transactions.  You, as a primary or joint Cardmember must call or write us with any 
request to cancel and remove a person’s authority and to accomplish any necessary 
Account  closure.  Except  as  permissible  by  law,  we  will  not  provide  any  Account 
information  to  anyone  other  than  you;  and  authorized  users  of  your  Account  do  not 
have a right to make any Account changes or inquiries. 

21. Lost or Stolen Card or Convenience Checks  -  You must notify us immediately if 
your Card, Convenience Checks or PIN number are lost or stolen or there is possible 
unauthorized use of your Card, Account or PIN number. You will not be liable for the 
unauthorized use of the Account. You must notify us by telephone or in writing. If this 
happens,  we  will  ask  you  and  all  other  persons  given  Account  access  to  return  all 
Cards and unused Convenience Checks to our Investigations Department. In addition, 
we have the right to close your Account and open a new Account. If we do so, new 
Cards and Convenience Checks, and a new PIN number will be issued for your new 
Account. 

22. Using Your Card For International Transactions – You may use your Card for retail 
Purchases from foreign merchants and for cash withdrawals from foreign ATMs that 
bear either the PLUS System or Visa logos. Some merchant and ATM transactions, 
even  if  you  and/or  the  merchant  or  ATM  are  located  in  the  United  States,  are 
considered foreign transactions under the applicable Visa rules, in which case we will 
add  the  Foreign Transaction Fee  INTEREST  CHARGE  described    in  this  section  to 
those transactions.  We do not control how these merchants, ATMs and transactions 
are  classified  for  this  purpose.      We  assess  a  Foreign  Transaction  Fee  INTEREST 
CHARGE on transactions in which the merchant is located in a country other than the 
United States, even in transactions that do not require currency to be converted.  Your 
foreign transaction will be processed through Visa under its then current rules.   

If your foreign transaction is not converted to U.S. Dollars prior to being processed by 
Visa,  it  will  be  converted  to  U.S.  Dollars  by  multiplying  the  amount  of  the  foreign 
currency  times  (a)  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, or (b) the government-mandated rate in effect 
for the applicable central processing date.  To the converted transaction we will add a 
Foreign  Transaction  Fee  INTEREST  CHARGE  of  up  to  3.00%  of  the  Purchase 
transaction or up to 3.00% of the ATM transaction.  

If your foreign transaction is in or converted to U.S. Dollars prior to being processed by 
Visa, we will add a Foreign Transaction Fee INTEREST CHARGE of up to 3.00% of 
the Purchase transaction or up to 3.00% of the ATM transaction. 

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

23. Responsibility to Pay - You agree to pay us for all Purchases, Advances, Balance 
Transfers, INTEREST CHARGES, Account Fees, other fees or charges provided for in 
this Agreement  and, to the extent  permitted under applicable law, attorneys’ fees and 
collections costs we incur enforcing this Agreement against you. This is the case even 
if the Account is used only by one of you, or is used  by an Authorized User chosen 
only by one of you. If there is more than one Cardmember, each of you is responsible, 
individually and together, for the full amount owed on the Account. Your obligation to 
pay the Account balance continues even though an agreement, divorce decree, court 

judgment, or other document to which we are not a party may require another person 
responsible to pay the Account. 

24. Intent to Repay  -  Every time you use  the Account, you represent to us that you 
intend and have the reasonable ability to repay your Account obligations. We rely on 
this representation every time you use the Account. 

 
 
 
 
 
 
 
 
25. Disputed Payment in Full - Communications regarding a disputed payment in full, 
including  any  restrictively  endorsed  items,  must  be  sent  to  the  address  set  forth  in 
“Your Billing Rights” below. This address may not be used for any purpose other than 
a dispute. If you fail to send your disputed payment to the designated address, we may 
accept late or partial payments without losing any of our rights under this Agreement. 
Except as provided above, we may collect a check or any payment instrument marked 
“paid in full”, “without recourse” or similar language, and we will not have waived our 
right to collect any remaining amount you owe us under this Agreement.  

26. Default - You  and your Account will be in default of this Agreement if: (a) we do 
not  receive  the  Minimum  Payment  by  the  Payment  Due  Date  on  your  Account 
statement;  (b) you violate any other provision of this Agreement; (c) you die without a 
surviving  joint  Cardmember;    (d)  you become  insolvent, assign  any  property  to  your 
creditors, or go into bankruptcy or receivership;  (e) you have made false statements 

affecting the application or the maintenance of your Account; (f) we have any reason 
to  believe  that  the  Account  is  in  danger  of,  or  is  being  used  for  fraud  or  improper 
purposes;  (g)  (except  where  prohibited  by  law)  you  are  married  and  reside  in  a 
community property state and we receive a written notice from you or your spouse that 
he or she is no longer liable on the Account; (h) your Account becomes inactive; (i) 
anything happens that we believe in good faith increases the risk that you will not live 
up  to  your  payment  or  other  obligations  under  this  Agreement;  or  (j)  (except  where 
prohibited  by  law)  this  is  a  joint  Account  and  one  of  you  notifies  us  that  he  or  she 
wants  the  Account  closed  or  will  no  longer  be  liable  on  the  Account.  You  and  your 
Account  will also be  in  default  if  you  make  transactions which  exceed  your  Revolve 
Limit.   

27. Illegal Purchases - You agree that you will not use or permit an Authorized User to 
use the Card or Account for any unlawful purpose, such as funding any account that is 
set up to facilitate online gambling.  

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

28.  Ownership  of  this  Account;  Governing  Law  -  Your  Card  and  any  other  Account 
access device that we may supply to you are our property and upon our request must 
be  immediately  returned  to  us  or  our  designated  agent  or  otherwise  destroyed  or 
surrendered, as we instruct. We extend all Account credit to you in and from the state 
of  Nevada,  regardless  of  where  you  reside  or  use  the  Card  or  Account.  This 
Agreement is governed by the laws of the state of Nevada and applicable federal law, 
regardless of the internal conflict of law principles of the state where you reside or use 
the Account.  Federal or state consumer protection laws may not apply if you use the 
Account for other than personal, family or household purposes. 

29. Changes to the Account  -  Account and Agreement terms are not guaranteed for 
any period of time; we may change the terms of your Agreement, including APRs and 
fees, in accordance with Nevada and federal law (collectively, “  applicable law”) and 
the terms of this Agreement. Your experience with other creditors, as reflected in your 
credit score, your experience with us including but not limited to your Account usage 
and  performance,  and/or  your  transactional  experience  with  our  affiliates,  may  also 
cause a  change,  including an  increase  in  the margin  that  is  added  to  the  Index,  an 
increase  in  fees,  or  a  decrease  in  the  Revolve  Limit.  Factors  considered  in  making 
such changes may include existence, seriousness and timing of the defaults under any 
agreement that you have with us or our affiliates, and any indications of the Account 
usage  and  performance.  Your  transactional  experience  with  us  may  also  cause  a 
change, including an increase in the margin that is added to the Index, an increase in 
fees,  or  a  decrease  in  the  Revolve  Limit.    Factors  considered  in  determining  the 
increased  rate  or  Revolve  Limit  decrease  may  include  your  general  credit  profile, 
existence, seriousness and timing of the defaults under any agreement that you have 
with us, and other indications of the Account usage and performance.    We will give 
you  the  written  notice  of  any  such  change  in  the  manner  required  by  applicable 
Nevada and federal law. Any Agreement changes to APRs and fees will apply to all 
new Account balances you owe under your Account as of the effective date indicated 
in the notice or otherwise permitted by applicable law.  All other Agreement  changes 
will apply to all new and outstanding Account balances you owe under your Account 

as of the effective date indicated in the notice or otherwise permitted by applicable law. 
You  will  be  deemed  to  have  accepted  the  new  terms  if  you  or  an  Authorized  User 
make a Purchase, obtain an Advance or Balance Transfer or otherwise use the Card 
or Account after the date the change takes effect, or in 30 days, if within such period 
you fail to notify us in writing that you do not want to accept the change. If we receive 
notice that you do not wish to accept the change, we will close your Account and you 
may pay off the outstanding Account balances under the existing terms. 

30.  Cancellation  of  your  Account  -  We  may  cancel  your  Account  or  suspend  your 
ability to use the Account at any time, with or without any specific reason and with or 
without  prior  notice  to  you  as  permissible  by  applicable  law.  You  may  cancel  your 
Account by notifying us by telephone or in writing.  If this is a joint Account, we may, 
but are not required to, honor a request by either of you to cancel the Account. After 
the Account is canceled, you will not be able to obtain additional credit on the Account 
and we will not honor any transactions, including any recurring charges (for items such 
as subscriptions) you may have authorized.  

Upon the cancellation of your Account due to your default under this Agreement, all 
amounts owed on the Account will be immediately due and payable without notice or 
demand from us. Upon our request, you must cut all Cards and Convenience Checks 
in  half  and  return  them  to  us.  If  you  do  not  pay  the  amounts  you  owe  under  this 
Agreement, you will be liable for our collection costs including our reasonable attorney 
fees and expenses of legal actions, to the extent permitted by applicable law. 

31. Assignment of your Account to Another Creditor - We may assign, sell or transfer 
your Account, and/or amounts owed on your Account, to another creditor at any time. 
If  we  do,  this  Agreement  will  still  be  in  effect  unless  and  until  amended,  and  any 
references made in this Agreement to “we”, “us”, or “our” will refer to the creditor to 
which  we  assign,  sell  or  transfer  the  Account  or  the  amounts  you  owe  under  the 
Account. You may not assign your obligations under this Agreement to any third party. 

OUR LEGAL RIGHTS AND OBLIGATIONS 

32. Collecting Credit Information About You  - We may make any credit, employment 
and  investigative  inquiries  we  deem  appropriate  related  to  giving  you  credit  or 
collecting  amounts  owed  on  your  Account.  We  may  also  request  consumer  credit 
reports from one or more consumer reporting agencies (credit bureaus) to be used in 
connection with your Account and any update, renewal or extension of credit we make 
to you. We may provide information about you, your Account or your credit history to 
consumer reporting agencies and others who may properly receive that information. 

33.  Credit  Bureau  Disputes  -  If  you  believe  we  inaccurately  reported  credit  history 
information  about  you  or  the  Account  to  a  credit  bureau,  write  to  us  at  Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO 63166-9801. 

34. Refusal to Honor Transactions - We are not responsible if anyone refuses to honor 
your Card or a Convenience Check, or if authorization for a particular transaction is not 
given, even if you have sufficient credit available on your Account. Also, for security 
reasons, we may limit the number of transactions made on your Account in a day, and 
the limit per day may vary. For security reasons, we cannot explain the details of how 
this  system  works.  If  your  Account  is  over  the  Revolve  Limit  or  delinquent, 
authorization  for  new  transactions  may  be  declined.  We  are  not  responsible  for 
anything purchased with your Card or a Convenience Check. You must return goods 
you purchased with the Card or Account to the merchant and not to us.  

35. Third Party Offers - From time to time, third parties may provide you with services, 
enhancements or benefits which are not related to credit we extend on your Account. 
We  are  not  liable  for  these  services,  benefits  or  enhancements,  or  the  acts  or 
omissions  of  such  third  parties.  You  agree  that  the  third  party  which  provides  the 
benefit or service is solely responsible for it. 

36. Telephone Communications  -  From  time  to  time,  we may monitor and or  record 
telephone calls you make to us or our agents or that we or our agents make to you.  If 
any telephone contact number you give us is for a cell phone or other wireless device, 
we  may  use  that  number  to  contact  you  regarding  your  Account  or  other  goods  or 
services offered by us or an Affiliate.  

37. Severability - If a court of competent jurisdiction finds any part of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in effect 
as written after any such illegal or unenforceable portion is amended in conformance 
with applicable law or, if necessary, voided.  

38.  Entire  Agreement  -  This  version  of  the  web  Agreement  replaces  any  previous 
versions of the web Agreement. The Agreement, as modified by any change in terms 
we  may  deliver  from  time  to  time  in  accordance with  applicable  law,  constitutes the 

 
 
 
 
 
 
 
 
entire  agreement  between  you  and  us,  and  supersedes  any  prior  negotiation  or 
understanding between you and us concerning the subject matter of the Agreement.  

39.  Waivers  -  We  do  not  give  up  our  rights  under  the  Agreement  or  applicable  law 
when  we  fail  to  exercise  or  delay  exercising  those  rights.  Our  failure  or  delay  to 
exercise any right or remedy we have against you does not mean that we waive that 
right  in  the  future.  We  can  delay  enforcing  any  of  our  rights  under  this  Agreement 
without losing them. 

40.  Privacy Policy and Disclosure of Account Information - You will receive a copy of 
our Privacy Policy when you open your Account and at least once annually while you 
remain our  customer.   Copies of  the Policy  are  available  from our  customer  service 
centers  and  on  our  web  site.  Our  Policy  describes  how  we  collect,  protect  and  use 
your  confidential  financial  and  other  information  about  you  and  the  circumstances 
under  which  we  may  share  information  about  you  with  our  Affiliates  and  with 
unaffiliated  third parties.    The Policy  tells  you  how  you  can  limit  the ways  we  share 
certain kinds of information about you. 

41.  Executive  Officers  -  If  you  are  an  executive  officer  of  the  Issuer  or  one  of  its 
Affiliates, we reserve the right to demand payment on your Account at any time. 

42. Arbitration - By requesting an Account from us and accepting this Agreement, you 
agree  that  either  you  or  we  can  choose  to  have  any  “Claim,”  as  defined  below, 
resolved  by  binding  arbitration.  IF  ARBITRATION  IS  CHOSEN  BY  ANY  PARTY, 
NEITHER  YOU  NOR  WE  WILL  HAVE  THE  RIGHT  TO  LITIGATE  THE  CLAIM  IN 
COURT OR TO HAVE A JURY TRIAL ON THE CLAIM, OR TO ENGAGE IN PRE-
ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE ARBITRATION 
RULES.  IN  ADDITION,  YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  IN 
COURT  OR  IN  ARBITRATION  AS  A  REPRESENTATIVE  OR  MEMBER  OF  ANY 
CLASS  OF  CLAIMANTS  PERTAINING  TO  ANY  CLAIM  SUBJECT  TO 
ARBITRATION. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND 
BINDING.  OTHER  RIGHTS  THAT YOU WOULD HAVE  IF  YOU  WENT TO  COURT 
MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU 
READ THE ENTIRE ARBITRATION PROVISION CAREFULLY.  

Any claim, dispute or controversy between you and us (including any assignee of our 
rights) (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present 
or  future  and  including  constitutional,  statutory,  common  law,  intentional  tort  and 
equitable  claims)  arising  from  or  relating  to  (a)  this  Agreement,  your  Account,  the 
advertising and disclosures used in connection with your Account, offers and services 
provided in connection with your Account and/or the credit offered or provided to you, 
or (b) the validity of this Arbitration Provision (individually and collectively, a “Claim”) 
must, after an election by you or us, be resolved by binding arbitration in accordance 

with  this  Arbitration  Provision  and  the  rules  of  the  Administrator  in  effect  when  the 
Claim  is  filed.  This  includes,  without  limitation,  disputes  concerning  the  validity, 
enforceability,  arbitrability  or  scope  of  this  Arbitration  Provision,  except:  (1)  only  a 
court,  and not  the  arbitrator,  shall  have authority  to  resolve disputes  concerning the 
validity  or  enforceability  of  this  Arbitration  Provision’s  prohibition  against  resolving 
Claims  on  a  class  basis;  and  (2)  we  may  not  elect  to  arbitrate  an  individual  Claim 
brought by you in small claims court (or the equivalent court in your state), unless that 
Claim is transferred, removed or appealed to a different court or you seek to assert a 
Claim in excess of the statutory limits of such small claims court.  The party initiating 
the  arbitration  may  contact  JAMS,  1920  Main  Street,  Suite  300,  Irvine,  CA  92614, 
www.jamsadr.com, 800-352-5267,  provided  that  no  arbitration may  be  administered, 
without  the  consent  of  all  parties  to  the  arbitration,  by  any  organization  that  has  in 
place a formal or informal policy that is inconsistent with and purports to override the 
terms of this Arbitration Provision. In all cases, the arbitrator must be a lawyer with at 
least  10  years  of  experience  or  a  retired  judge.  If  for  any  reason  the  selected 
Administrator cannot or will not serve, the party initiating the arbitration will have  20 
days to select a new Administrator. There shall be no authority for any Claims to be 
litigated  or arbitrated on a class action  basis or  for  an arbitrator  to hear  such 
Claims. An arbitrator can only decide our or your Claim and may not consolidate or 
join the claims of other persons who may have similar claims. Any arbitration hearing 
that  you  attend  will  take  place  at  a  location  reasonably  convenient  to  you.  At  your 
request, we will consider in good faith any reasonable request for us to bear the fees 
charged by the Administrator or arbitrator. Each party shall bear the expense of that 
party’s  attorneys,  experts,  and  witnesses,  regardless  of  which  party  prevails  in  the 
arbitration, unless applicable law gives a party the right to recover any of those fees 
from the other party. The arbitrator shall apply applicable substantive law consistent 
with the Federal Arbitration Act (and not by any state law concerning arbitration) and 
shall award such remedies, if any, that would be available in court if arbitration had not 
been  elected.  The  arbitrator  shall  follow  applicable  statutes  of  limitations,  and  shall 
honor  claims  of  privilege  recognized  at  law.  If  a  class  Claim  is  brought  and  the 
prohibition against class actions is not enforced, then this entire Arbitration Provision 
shall  be  null,  void  and  inapplicable,  subject  to  the  right  of  any  party  to  appeal  the 
determination of invalidity of the prohibition against class actions. If any other portion 
of  this Arbitration Provision  cannot be enforced,  the  rest  of  this  Arbitration  Provision 
will  continue  to  apply.  In  the  event  of  any  conflict  or  inconsistency  between  this 
Arbitration  Provision,  and  the  Administrator’s  rules  or  this  Agreement,  this  Provision 
will  govern.  Upon  the  timely  request  of either party,  the  arbitrator  must  write  a brief 
explanation  of  the  basis  for  the  award.  Judgment  upon  the  award  rendered  by  the 
arbitrator  may  be  entered  in  any  court  having  jurisdiction.  This  Arbitration  Provision 
shall  survive  repayment  of  your  extension  of  credit,  your  (or  our)  bankruptcy  and 
termination  of  your  Account.  This  Agreement  is  entered  in  interstate  commerce and 
this Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 
1 through 16 and not by any state law pertaining to arbitration. 

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, call or write to us. 

In your letter or call, 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. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 
1.  Within 30 days of receiving your  letter  or  call, 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 or call, 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 statement, and we may continue 
to charge you interest on that amount. 

  While you do not have to pay the amount in question, you are responsible 

for the remainder of your balance. 

  We can apply any unpaid amount against your Revolve 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  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 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. 

2. 

The purchase must have been made in your home state or within 100 miles of your 
current mailing address, and the purchase price must have been more than $50. 
(Note:  Neither  of  these  are  necessary  if  your  purchase  was  based  on  an 
advertisement we mailed to you, or if we own the company that sold you the goods 
or services.) 

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.  
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. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES  MADE  WITH  CONVENIENCE  CHECKS  OR  BALANCE  TRANSFER 
CHECKS. 

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