First Command Bank Visa Cardholder Agreement (Signature Platinum)

The person(s) ("Cardholder," whether one or more) who signed and 
returned the Application for a Visa ("Application") has requested First 
Command  Bank  ("Bank")  to  extend  to  Cardholder  open-end  credit. 
The term "Cardholder" means each person who signed and returned 
the Application and any other person who has agreed to be respon-
sible for the Account (defined below). As used in this Agreement, the 
term  “person”  means  an  individual  or  an  entity,  as  applicable.  By 
Cardholder's  use  of  the  credit  card  ("Card"),  furnished  by  Bank  in 
reliance  in  part  upon  the  information  supplied  by  Cardholder  in  the 
Application, Cardholder agrees with Bank as follows:  

1.  Using  the  Account.  Cardholder  has  accepted  the  revolving  tri-
party  account  ("Account")  made  available  to  Cardholder  by  Bank. 
Cardholder  may  use  the  Card  to  purchase  or  lease  goods  or  ser-
vices,  or  pay  amounts  that  Cardholder owes, wherever the Card is 
honored ("Credit Purchases"). Cardholder may also use the Card to 
obtain  cash  loans  ("Cash  Advances")  from  any  financial  institution 
that  accepts  the  Card.  Cardholder  agrees  that  the  Account  will  not 
be used to access gambling web sites or to purchase illegal goods or 
services.  Bank  may  refuse  to  process  any  transaction  that  Bank 
believes  may  violate  this  Agreement.  If  Cardholder  provides  the 
Account number to make a purchase or obtain an advance without 
presenting  the  Card  (such  as  for  a  mail  order  or  telephone  pur-
chase), or if Cardholder authorizes someone else to make a charge 
to the Account, Cardholder's obligation to pay will be the same as if 
the  Card  itself  was  used.  Cash  Advances  also  may  be  obtained 
through  use  of  the  Card  (a)  upon  execution  of  a  written  request  of 
Cardholder  in  a  form  furnished  by  any  financial  institution  that  is  a 
member, alone or in association with others, of Visa, Inc. or (b) upon 
Cardholder's  execution  of  a  written  separate  agreement  with  Bank 
for a Visa overdraft financial agreement, if offered by Bank. All Credit 
Purchases  and  Cash  Advances  are  effected  at  the  option  of  the 
retail  merchant  ("Seller")  and/or  cash  advancing  financial  institution 
respectively,  and  Bank  shall  not  be  responsible  for  refusal  by  any 
Seller or cash advancing financial institution to honor the Card or any 
"Related Card," as defined in paragraph 2 below.  

2.  Obligations  on  the  Account.  Cardholder  (jointly  or  severally  if 
more  than  one)  promises  to  pay  Bank  at  the  address  specified  on 
the  periodic  statement  (see  paragraph  5  below)  for  all  Credit  Pur-
chases  and  Cash  Advances,  together  with  any  Finance  Charge  as 
herein  provided,  plus  any  other  charges  permitted  by  this  Agree-
ment,  all  such  payments  must  be  in  lawful  money  of  the  United 
States  of  America.  Cardholder  will  pay  in  their  equivalent  in  U.S. 
dollars  all  charges  in  a  foreign  currency,  which  equivalence  will  be 
determined  by  reference  to  the  amount  in  U.S.  dollars.  Bank  shall 
have  paid  in  good  faith  to  the  person  presenting  the  item  to  Bank. 
Cardholder  shall  be  liable  and  agrees  to  pay  Bank  for  Credit  Pur-
chases made by, or for Cash Advances extended to, Cardholder or 
anyone  else  using  the  Card  unless  the  use  of  such  Card  is  by  a 
person  other  than  the  Cardholder  (a)  who  does  not  have  actual, 
implied,  or  apparent  authority  for  such  use  and  (b)  from  which 
Cardholder  receives  no  benefit.  Additionally,  Cardholder  shall  be 
jointly  and  severally  liable,  and  agrees  to  pay,  for  all  Credit  Pur-
chases  and  Cash  Advances  obtained  through  the use of any other 
Card bearing Cardholder's Account number that has been issued to 
another person by reason of such person being a member of Card-
holder's  family,  or  otherwise  issued  upon  Cardholder's  request  (all 
such  Cards  bearing  the  same  Account  number  hereinafter  collec-
tively  called  "Related  Cards"). Subject to any mandatory provisions 
of applicable law, all payments made by Cardholder will be applied 
to the balances on Cardholder's Account in the manner set forth later 
in this Agreement.  

3. Credit Limit. Bank will inform Cardholder from time to time of the 
maximum amount of debt ("Credit Limit") that may be outstanding in 
the Account at any time, and Bank, in its sole discretion may adjust 
the Credit Limit from time to time. Cardholder agrees not to use or 
permit  the  use  of  the  Card  in  any  manner  that  would  cause  the 
outstanding balance in the Account ever to exceed the Credit Limit. 
If  Cardholder  attempts  a  transaction  which  results  in  Cardholder’s 
total  outstanding  balance  (plus  authorizations)  exceeding  Card-
holder's  Credit  Limit,  Bank  may:  (a)  permit  the  transaction  without 
raising Cardholder's Credit Limit; (b) permit the transaction and treat 
the  amount  of  the  transaction  that  is  more than the Credit Limit as 
immediately  due;  or  (c)  refuse  to  permit  the  transaction.  If  Bank 
refuses to permit the transaction, Bank may advise the person who 
attempted  the  transaction  that  it  has  been  refused.  If  Bank  has 
previously permitted Cardholder to exceed Cardholder's Credit Limit, 
it does not mean that Bank will  permit Cardholder to exceed Card-
holder's Credit Limit on a subsequent date. Bank may designate that 
only  a  portion  of  Cardholder's  Credit  Limit  is  available  for  Cash 
Advances.  If  Cardholder  exceeds  that  limit,  Cardholder  will  be 
considered to have exceeded the Credit Limit for all purposes under 
this Agreement. 

4. Notices. Bank will send periodic statements and any other notices 
to Cardholder at the address shown in Bank's files. If this is a joint 
Account,  Bank  can  send  periodic  statements  and  notices  to  either 
Cardholder. Cardholder promises to inform Bank promptly, in writing, 
of any changes in Cardholder's address.  

5. Periodic Statement. As of the end of each monthly billing cycle, 
Cardholder  will  be  furnished  a  periodic  statement  showing,  among 
other  things,  (a)  the  amount  owed  ("Previous  Balance")  at  the 
beginning of the billing cycle, (b) the amount of all Cash Advances, 
Credit Purchases and Finance Charge posted to the Account during 
the billing cycle, (c) the amount of all payments and credits posted to 
the  Account  during  the  billing  cycle,  and  (d)  the  total  amount  due 
("New Balance") at the end of the billing cycle (which amount is the 
sum of [a] and [b] less [c]), (e) the "Minimum Payment," and (f) the 
"Payment  Due  Date."  If  Cardholder  is  composed  of  more  than  one 
person, only one periodic statement will be provided.  

6.  Minimum  Payment.  Cardholder  agrees  to  pay  to  Bank,  on  or 
prior to the Payment Due Date shown on the periodic statement, the 
sum  of  (a)  either  (i)  the  entire  New  Balance  or  (ii)  at  Cardholder's 
option, an amount which shall be at least 2.50% of the New Balance 
(rounded  up  to  the  nearest  dollar)  or  $50.00,  whichever  is  greater, 
and (b) any amount that is past due and any amount that is over the 
Credit Limit. If the New Balance is less than $50.00, it shall be paid 
in  full.  Cardholder  may  pay  more  than  the  Minimum  Payment,  and 
may  at  any  time  pay  the  full  amount  owing  to  Bank.  If  Cardholder 
pays more than the Minimum Payment, Cardholder must still pay the 
Minimum Payment as reflected on the next periodic statement. The 
Payment  Due  Date  for  a  billing  cycle  will  be  twenty-five  (25)  days 
after the preceding billing cycle ends (the "Closing Date"). 

7. Annual Fee. Bank does not charge an annual fee for the Card.  

8.  Late  Payment  Fee.  If  Bank  does  not  receive  a  payment  from 
Cardholder in at least the amount of the Minimum Payment within 30 
days after the Payment Due Date shown on the periodic statement, 
Bank  may  charge  Cardholder  a  late  payment  fee  in  the  amount 
stated  below  in  the  Table  of  Charges.  Cardholder  will  only  be 
charged a late payment fee for any Minimum Payment which is not 
paid within 30 days after the Payment Due Date. 

9.  Cash  Advance  Fee.  Each  time  Cardholder  uses  the  Card  or  a 
Convenience Check to obtain a Cash Advance, Bank will assess a 
cash advance fee in the amount stated in the Table of Charges. 

10. When Finance Charge Begins. Bank adds a Finance Charge to 
the Account for all Cash Advances from the later of (a) the day the 
Cash  Advance  is  posted  to  the  Account,  or  (b)  the  first  day  of  the 
billing  cycle  in  which  the  Cash  Advance  is  posted  until  Cardholder 
pays  the  transaction(s)  in  full.  For  Credit  Purchases,  Bank  adds  a 
Finance  Charge  to  the  Account  if  the  Cardholder  does  not  pay the 
New Balance in full by the Payment Due Date shown on the periodic 
statement.  If  Bank  adds  a  Finance  Charge,  Bank  begins  to charge 
the Finance Charge on all amounts Cardholder owes Bank (except 
"New  Purchases")  from  the  first  day  of  the  billing  cycle.  For  New 
Purchases, Bank begins to charge the Finance Charge from the date 
Bank posts the New Purchase to the Account unless Cardholder has 
paid  the  New  Balance  in  full  on  the  previous  periodic  statement.  A 
New Purchase is one that appears on the periodic statement for the 
first time.  

11.  Calculation  of  Finance  Charge.  Bank  calculates  the  Finance 
Charge  on  the  Account  by  applying  the  "Periodic  Rate"  (defined 
below) to the "Average Daily Balance" of the Account. To obtain the 
Average  Daily  Balance,  Bank  starts  with  the  beginning  balance  of 
the Account on each day, excluding unpaid Finance Charges. Bank 
adds any Cash Advances posted  to the Account that day, and any 
New Purchases, unless Cardholder paid the New Balance in full for 
the previous billing cycle by the Payment Due Date. Bank subtracts 
any  credits  and  payments  (after  any  unpaid  Finance  Charges  are 
paid)  posted  to  the  Account  that  day.  This  results  in  the  "Daily 
Balance." Then, Bank adds up all the Daily Balances for the billing 
cycle and divides that by the total number of days in the billing cycle. 
This  results  in  the  Average  Daily  Balance. The Finance Charge on 
the  Account  is calculated by multiplying the Average Daily Balance 
by the Periodic Rate which is .003542 as of 6/12/09. 

TABLE OF CHARGES 

Annual Percentage  
Rate (APR) 
Variable-rate  
information  

Grace period for  
repayment of  
balances for  
purchases 

Method of computing 
the balance for  
purchases 

4.25% as of 6/12/09. 

The APR may vary monthly. The APR is 
calculated  by  adding  1%  to  the  Prime 
Rate. * 

On New Purchases from the date of the 
periodic  statement  until  the  next  Pay-
ment  Due  Date  (provided  Cardholder 
has paid the New Balance in full on the 
previous periodic statement). 

Average  daily  balance  (including  new 
purchases) 

Annual fees 

None 

Minimum payment 

The greater of (a) 2.5% of balance of (b) 
$50.00. 

Cash Advance Fee 

Late Payment Fee 

The greater of (a) $2.00, or (b) 2% of the 
amount  of  each  Cash  Advance,  but  not 
more than $75.00 per Cash Advance. 

The  lesser  of  (a)  $15.00,  or  (b)  5%  of 
each  Minimum  Payment  which  is  not 
made within 30 days after the applicable 
Payment Due Date.  

Over-the-credit-limit fee: None 
Balance transfer fee: None 

* The “Prime Rate” is the highest prime rate published in the Money 
Rates column of the Wall Street Journal 30 days before the Closing 
Date  on  Cardholder’s  periodic  statement  (the  “Calculation  Date”). 
The  APR  will  go  up  and  down  depending  on  the  Prime  Rate  as  of 
each  Calculation  Date;  however,  the  APR  will  change  only  on  the 
first day of each billing cycle. If the Prime Rate and the correspond-
ing APR increase, the Finance Charge also will increase and Card-
holder’s Minimum Payment may be greater. 

12. Other Payment Terms. All payments received by 6 o'clock a.m. 
local time (at the location of the payment receipt) on Bank's business 
day at the address indicated on the periodic statement will be cred-
ited to the Account as of the date of receipt of payment. If payment 
is made at any other location, credit for the payment may be delayed 
up to 5 days. Bank can accept late or partial payments, as well as 
payments  that  are  marked  with  "Paid  In  Full"  or  any  other  similar 
language  without  losing  or  waiving  any  of  Bank’s  rights  or  Card-
holder's obligations under this Agreement. Payments and credits to 
the Account will be applied in the following order: 

♦  Unpaid Finance Charge;  

♦  Late Fee; 

♦  Cash Advance from previous billing cycle; 

♦  Credit Purchases from previous billing cycle; 

♦  Cash Advances from current billing cycle; and 

♦  Credit Purchases from current billing cycle. 

13. Convenience Checks. Bank may issue "Convenience Checks" 
to  Cardholder  that  may  be  used  to  access  the  Account.  Use  of  a 
Convenience  Check  will  be  treated  as  a  Cash  Advance  in  the 
amount  of  the  Check.  Each  Convenience  Check  will  contain  Card-
holder's  Account  Number,  and  may  be  used  only  by  the  person(s) 
whose name(s) is/are printed on it. Each Convenience Check must 
be  completed  and  signed  in  the  same  way  as  a  regular  personal 
check.  If  Bank  provides  Convenience  Checks  for  the  Account, 
Cardholder may not use them to pay any amount Cardholder owes 
under this Agreement. Cardholder agrees that Bank need not return 
Convenience  Checks  to  Cardholder  after  their  use,  and  that,  if 
Cardholder  needs  evidence  of  any  payment  represented  by  the 
Convenience  Check,  a  photocopy  or  similar  reproduction  will  be 
satisfactory  for  such  purposes.  If  Cardholder  wishes  to  prevent 
payment  of  a  Convenience  Check,  the  instructions  which  Bank 
provides  when  the  Convenience  Checks  are  issued  must  be  fol-
lowed.  In  the  event  payment  of  a  Convenience  Check  has  been 
stopped,  Cardholder  agrees  to  hold  Bank  harmless  and  indemnify 
Bank  for  any  losses,  expenses  and  costs,  including  attorney's fees 
incurred  by  Bank,  for  preventing  payment  of  any  Convenience 
Check. Bank will use its best efforts to stop payment, but will incur 
no liability to Cardholder if it is unable to stop payment on a Conven-
ience Check.  

14. Termination. Bank may terminate Cardholder's privileges under 
this Agreement or limit Cardholder's right to make Credit Purchases 
or receive Cash Advances at any time (and list Cardholder's Account 
in  warning  bulletins  in  the  event  of  such  termination)  without  any 
reason  or  without  advance  notice  or  resulting  liability.  If  Bank  re-
quests,  Cardholder  must return the Card and Convenience Checks 
to  Bank.  Cardholder  agrees  that  Cardholder  will  not  try  to  make  a 
Credit  Purchase  or  obtain  a  Cash  Advance  after  Cardholder  has 
been  notified  that  Cardholder's  privilege  to  use  the  Account  has 
been  terminated.  Cardholder  may  terminate  this  Agreement  at  any 
time.  If  Cardholder  does  terminate,  all  Cards  and  Convenience 
Checks previously issued on the Account must be returned to Bank. 
If  Cardholder  telephones  Bank  with  the  termination  request,  Bank 
may  require  that  Cardholder  confirm  such  intent  to  terminate  in 
writing.  Bank's  or  Cardholder's  termination  will  not  affect  Card-
holder's  existing  obligations  under  this  Agreement  or  Cardholder's 
liability  for  all  charges  posted  to  Cardholder's  Account  prior  to  the 
time all Cards and Convenience Checks are returned to Bank. When 
the Account is closed, Cardholder must contact everyone authorized 
to  charge  transactions  to  the  Account,  such  as  internet  service 
providers, health clubs or insurance companies. These transactions 
may continue to be charged to the Account until Cardholder changes 
the  billing.  Also,  if  the  Bank  believes  Cardholder  has  authorized  a 
transaction  or  is  attempting  to  use  Cardholder’s  Account  after 
Cardholder has requested to close the Account, Bank may allow the 
transaction to be charged to the Account. 

© 2000 First Command Bank 

6/11/09 

 
 
 
15. Default. If (a) Cardholder defaults in any payment required to be 
made  on  the  Account  or  otherwise  violates  any  provision  of  this 
Agreement, or (b) Cardholder dies or seeks to obtain any relief as a 
debtor  in  any  proceeding  under  any  bankruptcy,  insolvency,  or 
debtor  relief  law,  or  (c)  Cardholder  provides  Bank  with  false  or 
misleading  information  or  signatures  at  any  time,  or (d) Cardholder 
fails  to  make  any  payment  or  perform  any  promise  in  any  other 
agreement or obligation that Cardholder owes Bank, then Bank will 
be in default under this Agreement. Bank, upon such default, may at 
its election (a) decline to extend further credit under this Agreement 
(and Cardholder agrees not to make further Credit Purchases or to 
obtain  further  Cash  Advances)  and  (b)  declare  all  amounts  then 
owed to Bank by Cardholder immediately due and payable, without 
prior  notice  or  demand  of  any  kind,  except  as  may  be  required  by 
applicable law. After Bank declares all amounts then owed to Bank 
by Cardholder to be due and payable, and terminates Cardholder’s 
credit privileges under the Account Bank, at its option, may increase 
the Annual Percentage Rate up to 18%. 

16. Collection Charges. If Cardholder defaults, to the extent permit-
ted  by  applicable  law,  Cardholder  agrees  to  pay  (a)  all  amounts 
actually incurred by Bank as court costs and attorneys' fees set by a 
court in connection with the collection of amounts due by Cardholder 
under  the  Account  and  (b)  premiums  or  other  identifiable  charges 
received  in  connection  with  the  permitted  sale  of  insurance.  In 
addition,  Bank  may  impose  on  Cardholder  a  processing  fee  of 
$20.00 if a check provided to Bank by Cardholder is dishonored for 
any reason. The dishonored check processing fee may be added to 
the  New  Balance  and  is  payable  on  the  next  following  due  date, 
however, such fee will not accrue any Finance Charge. 

17. Governing Law. This Agreement is performable in Texas and is 
made  pursuant  to  the  provisions  of  Chapter  346  of  the  Texas  Fi-
nance Code, as amended. THE VALIDITY, CONSTRUCTION, AND 
ENFORCEMENT  OF  THIS  AGREEMENT  AND  ALL  MATTERS 
ARISING  OUT  OF  THE  ISSUANCE  AND  USE  OF  THE  CARD 
SHALL  BE  GOVERNED  BY  THE  LAWS  OF  THE  STATE  OF 
TEXAS AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE 
UNITED STATES. 

18.  Amendment.  The  terms  of  this  Agreement  including,  but  not 
limited  to,  the  rate  or  index,  formula  or  provision  of  law  used  to 
compute the ANNUAL PERCENTAGE RATE are subject to revision 
as to current and future balances, from time to time, by written notice 
from Bank to Cardholder as provided by applicable law.  

19.  Telephone  Conversations.  Cardholder  agrees  that  Bank,  its 
agents,  or  service  companies  may  monitor  and/or  record  any  tele-
phone communications with Cardholder. 

20.  Liability  for  Unauthorized  Use.  Cardholder  may  be  liable  for 
unauthorized  use  of  the  Account.  If  the  Card  is  lost  or  stolen,  or  if 
Cardholder  believes  someone  is  using  the  Account  without  proper 
authority, Cardholder must notify Bank immediately by calling 1-800-
325-3678.  Cardholder  will  not  be  liable  for  unauthorized  use  that 
occurs after Cardholder notifies Bank of the loss or theft of the Card 
or  Convenience  Check,  or  the  possible  unauthorized  use  of  the 
Account.  Bank  may  terminate  or  limit  access  to  the  Account  if 
Cardholder  has  notified  Bank,  or  if  Bank  has  determined  that  the 
Card  or  Convenience  Check  may  have  been  lost  or  stolen,  or  that 
there  may  be  unauthorized  access  to  the  Account.  Cardholder 
agrees to provide Bank with complete cooperation in Bank's efforts 
to recover any stolen Card or Convenience Check and amounts due 
from unauthorized users, and in prosecuting unauthorized users.  

21.  Bank’s  Liability  for  Failing  to  Make  Transfers.  If  Bank  does 
not complete a transaction to or from the Account on time or in the 
correct amount according to this Agreement, Bank may be liable for 
Cardholder's  losses  or  damages.  However,  there  are  some  excep-
tions. Bank will not be liable, for instance: (a) if, through no fault of 
Bank's,  the  available  credit  is  insufficient  for  the  transaction  or  is 
unavailable  for  withdrawal  (for  example,  because  funds  have  not 
been finally collected or are subject to legal process); (b) if a com-
puter  system,  ATM,  or  point  of  sale  terminal  did  not  have  enough 
cash  or  was  not  working  properly  and  Cardholder  knew  about  the 
problem  when  Cardholder  started  the  transaction;  (c)  if  Cardholder 
attempts to use the Account or the Card which has not been properly 
activated;  (d)  if  the  Card  has  been  reported  as  lost  or  stolen,  has 
been suspended by Bank or Bank has reason to believe the transac-
tion  is  not  authorized  by  Cardholder,  or  if  Cardholder  is  trying  to 
defraud Bank; or (e) as otherwise provided in this Agreement. 

22. Assignment of Account. Cardholder agrees that Bank may at 
any time assign and transfer Cardholder's Account, this Agreement, 
and  Bank's  rights  and  obligations  under  this  Agreement,  without 
Cardholder's consent or notice to Cardholder. The person to whom 
the  Account  and  Agreement  is  assigned  shall  be  entitled  to  all  of 
Bank's rights under this Agreement. 

23.  Information  Sharing.  Cardholder  authorizes  Bank  to  share 
information  concerning  Cardholder  and  Cardholder’s  Account  with 
companies  related  to  Bank  by  common  ownership.  Cardholder 
authorizes Bank to share information with companies in which Bank 
has  an  ownership  interest,  concerning  purchases  made  by  Card-
holder  using  Cardholder’s  Account,  for  the  purpose  of  obtaining 
special merchandise offers or discounts for Cardholder. Cardholder 

© 2000 First Command Bank 

does  not  authorize  Bank  to  disclose  Cardholder’s  name,  address, 
telephone number or other personal information to these companies. 

24.  Credit  Reporting  Agencies.  Bank  may  give  information  about 
Cardholder's payment history under this Agreement to other persons 
or companies when permitted by law. Cardholder authorizes Bank to 
make  whatever  credit or investigative inquiries Bank deems neces-
sary in the course of review of any credit extended under this Agree-
ment. A negative credit report which  may affect Cardholder's credit 
record may be submitted to a credit reporting agency if Cardholder 
fails to keep Cardholder's promises under this Agreement. 

25. Delay of Rights. Bank can waive or delay enforcement of any of 
its rights under this Agreement without losing them. 

26. Separable Provisions. If any provision of this Agreement is held 
to  be  invalid  or  enforceable,  the  rest  of  this  Agreement  will  not  be 
affected.  Cardholder  will  not  be  held  liable  for  Finance  Charges  or 
other  fees  and  charges  greater  than  the  maximum  allowed  by  law 
that applies. 

27.  Limitation  of  Responsibility.  Bank  will  not  be  responsible  for 
merchandise or services purchased by Cardholder with the Card or 
Convenience Check unless required by law. Any refund, adjustment 
or  credit  allowed  by  a  Seller  shall  not  be  cash,  but  rather  be  by  a 
credit advice to Bank which shall be shown as a credit on the peri-
odic  statement.  Bank  will  not  be  responsible  for  the  refusal  of  any 
person to honor the Card or Convenience Check or if Cardholder is 
not able to use the Card at an ATM. (a) Bank will not be responsible 
for merchandise or services purchased by Cardholder with the Card 
or  Convenience  Check  unless  required  by  law.  Any  refund,  adjust-
ment or credit allowed by a Seller shall not be cash, but rather be by 
a  credit  advice  to  Bank  which  shall  be  shown  as  a  credit  on  the 
periodic  statement.  Bank  will  not  be  responsible  for  the  refusal  of 
any  person  to  honor  the  Card  or  Convenience  Check  or  if  Card-
holder is not able to use the Card at an ATM[; and (b) BANK WILL 
NOT BE LIABLE TO CARDHOLDER FOR DELAYS OR MISTAKES 
RESULTING  FROM  ANY  CIRCUMSTANCES  BEYOND  BANK'S 
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOV-
ERNMENTAL  AUTHORITIES,  NATIONAL  EMERGENCIES,  IN-
SURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS 
TO  HONOR  THE  CARD;  THE  FAILURE  OF  MERCHANTS  TO 
PERFORM  OR  PROVIDE  SERVICES;  COMMUNICATION  SYS-
TEMFAILURES;  OR  FAILURES  OR  MALFUNCTIONS  ATTRIBUT-
ABLE  TO  CARDHOLDER'S  EQUIPMENT,  ANY  INTERNET  SER-
VICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT BANK 
IS HELD LIABLE TO CARDHOLDER, CARDHOLDER WILL ONLY 
BE  ENTITLED  TO  RECOVER  CARDHOLDER'S  ACTUAL  DAM-
AGES.  IN  NO  EVENT  SHALL  CARDHOLDER  BE  ENTITLED  TO 
RECOVER  ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR 
SPECIAL  DAMAGES  (WHETHER  IN  CONTRACT,  TORT  OR 
OTHERWISE), EVEN IF CARDHOLDER HAS ADVISED BANK OF 
THE  POSSIBILITY  OF  SUCH  DAMAGES.  THIS  PROVISION 
SHALL  NOT  BE  EFFECTIVE  TO  THE  EXTENT  OTHERWISE 
PROHIBITED BY LAW. 

28.  Transactions  Made  in  Foreign  Currencies.  If  Cardholder 
makes  a  transaction  in  a  foreign  currency,  the  transaction  will  be 
converted by Visa into a U.S. dollar amount in accordance with the 
operating regulations or conversion procedures in effect at the time 
that  the  transaction  is  processed.  Currently,  those  regulations  and 
procedures provide that the currency conversion rate to be used is 
either  (a)  a  wholesale  market  rate  or  (b)  a  government-mandated 
rate in effect one (1) day prior to the processing date, increased by 
one  percent  (1%)  in  each  case.  Visa  retains  this  one  percent  as 
compensation  for  performing  the  currency  conversion  service.  The 
currency conversion rate in effect on the processing date may differ 
from the rate in effect on the transaction date or the posting date. 

29. USA Patriot Act. Bank is subject to the requirement of the USA 
Patriot  Act  (Title  III  of  Pub.  L.  107  56  [signed  into  law  October  26, 
2001]) (the “Act”) and hereby notifies Cardholder that pursuant to the 
requirements  of  the  Act,  it  is  required  to  obtain,  verify,  and  record 
information that identifies Cardholder which information includes the 
name and address of Cardholder and other information that will allow 
such Bank to identify Cardholder in accordance with the Act. 

30. Other Agreements. This Agreement supersedes all prior Agree-
ments between Bank and Cardholder governing the use of the Card 
and the Account. 

STATE SPECIFIC INFORMATION 

California Residents: Cardholder (a) may use the Account up to its 
Credit  Limit;  (b)  may  be  liable  for  amounts  extended  under  the 
Account  to  any  joint  Cardholder.  As  required  by  law,  Cardholder  is 
hereby  notified  that  a  negative  credit  report  reflecting  on  Card-
holder's credit record may be submitted to a credit reporting agency 
if  Cardholder  fails  to  fulfill  the  terms  of  Cardholder's  credit  obliga-
tions.  

Ohio  Residents:  Ohio  anti-discrimination  laws  require  creditors  to 
make credit equally available to all creditworthy customers and that 
credit  reporting  agencies  maintain  separate  credit  histories  on 
individuals upon request. The Ohio Civil Rights Commission admin-
isters these laws.  

New  York  and  Vermont  Residents:  Bank  may obtain at any time 
Cardholder's  credit  reports  for  any  legitimate  purpose  associated 
with the Account or the application or request for an Account, includ-
ing  but  not  limited  to  reviewing,  modifying,  renewing  and  collecting 
on  Cardholder's  Account.  On  Cardholder's  request  Cardholder  will 
be  informed  if  such  a  report  was  ordered.  If  so,  Cardholder  will  be 
given  the  name  and  address  of  the  consumer  reporting  agency 
furnishing the report. New York residents may contact the New York 
State Banking Department (1-800-518-8866) for a comparative list of 
credit card rates, fees, and grace periods. 

Married  Wisconsin  Applicants:  No  provisions  of  any  marital 
property agreement, unilateral statement, or court order applying to 
marital  property  will  adversely  affect  a  creditor's  interests  unless 
prior to the time credit is granted, the creditor is furnished a copy of 
the agreement, statement or court order, or has actual knowledge of 
the provision. 

YOUR BILLING RIGHTS  

This Notice contains important information about your rights and our 
responsibilities under the Fair Credit Billing Act. For purposes of this 
Notice,  "we"  and  "us"  mean  Bank,  and  "you"  and  "your"  mean  the 
Cardholder.  

Notify Us in Case of Errors or Questions About Your Bill. If you 
think  your  bill  is  wrong,  or  if  you  need  more  information  about  a 
transaction on your bill, write us on a separate sheet of paper at the 
address listed on your bill. Write to us as soon as possible. We must 
hear from you not later than 60 days after we sent you the first bill on 
which  the  error  or  problem  appeared.  You  can  telephone  us,  but 
doing so will not preserve your rights.  

In your letter, please give us the following information:  

♦  Your name and Account Number. 
♦  The dollar amount of the suspected error.  

Describe the error and explain, if you can, why you believe there is 
an  error.  If  you  need  more  information,  describe  the  item  you  are 
unsure about.  

You do not have to pay any amount in question while we are investi-
gating, but you are still obligated to pay the parts of your bill that are 
not in question. While we investigate your question, we cannot report 
you  as  delinquent  or  take  any  action  to  collect  the  amount  you 
question.  

Special  Rule  for  Credit  Card  Purchases.  If  you  have  a  problem 
with the quality of goods or services that you purchased with a Credit 
Card, and you have tried in good faith to correct the problem with the 
merchant,  you  may  not  have  to  pay  the  remaining  amount  due  on 
the  goods  or  services.  You  have  this  protection  only  when  the 
purchase  price was more than  $50 and the purchase was made in 
your home state or within 100 miles of your mailing address. (If we 
own or operate the merchant, or if we mailed the advertisement for 
the  property  or  services,  all  purchases  are  covered  regardless  of 
amount or location of purchase.) 

6/11/09