deposit account opened as security for the 
Account, as described in the “Deposit Account 
and Security Agreement (If Applicable)” section 
of this Agreement.

“EFT” means electronic funds transfer.

“Introductory Annual Percentage Rate” or 
“Introductory APR” (also “Introductory Daily 
Percentage Rate” or “Introductory DPR”) is  
a lower interest rate that applies for a  
limited amount of time after an account is  
opened. Your Account may or may not have 
Introductory rates.

“Late Payment Fee” means the fee you must 
pay if your Minimum Payment is not received 
on time. The amount of the Late Payment Fee 
is set forth in the Pricing Appendix and is in 
addition to any additional interest charges that 
accrue as a result of your paying late.

“Minimum Payment” means what you must 
pay each Billing Cycle before the Payment Due 
Date. The Minimum Payment is calculated as 
described in the Pricing Appendix.

“New Balance” means the total amount  
you owe to the Bank as of the end of the  
Billing Cycle described in the Billing  
Statement. If transactions are posted after  
the end of the Billing Cycle, the New Balance 
will not equal the Account Balance under  
most circumstances.

“Payment Due Date” means the date when 
your Minimum Payment must be received 
by 5 p.m. local time at the payment address 
indicated on the most recent Billing Statement. 
If the Minimum Payment is not timely received, 
you must pay a Late Payment Fee. The 
Payment Due Date will be shown on the Billing 
Statement and always will be at least 25 days 
after the last day of the prior Billing Cycle. 

“Pricing Appendix” refers to the document 
attached to your Card when you first received 
it, setting forth applicable APRs, fees and 
certain other important terms of  
this Agreement.

“PIN” refers to the personal identification 
number associated with your Card for use in 
ATM and other electronic transactions.

“Prime Rate” means the prime rate of interest 
published on the last business day of each 
month in the “Bonds, Rates & Yields” or the 
“Money Rates” section of The Wall Street 
Journal (or a comparable section or rate if The 
Wall Street Journal ceases publication of those 
sections or that rate).

“Purchase” means any transaction with the 
Card between you and anyone else who 
accepts the Card as a means of payment. 
However, Cash Advances are not Purchases.

“Purchase APR Cap” is the highest APR for 
Purchases that may apply to your Account. 

“Purchase Margin” is the amount that is added 
to the Prime Rate to determine the APR for 
Purchases on your Account.

“You” and “your” means the Card applicant or 
if applying jointly, both Card applicants, and the 
person or persons to whom the Card is issued.

Equal Opportunity Lender Member FDIC  
G-16688  4/2017

OR PERMIT A JOINDER OF PARTIES IN 
CONNECTION WITH THIS AGREEMENT TO 
ARBITRATE, EXCEPT FOR JOINDER OF ANY 
JOINT APPLICANT OR OTHER AUTHORIZED 
USER OF THE ACCOUNT, UNLESS BOTH YOU 
AND WE CONSENT TO SUCH JOINDER IN 
WRITING. BY ACCEPTING THIS ARBITRATION 
AGREEMENT, YOU AGREE TO WAIVE THE 
RIGHT TO INITIATE OR PARTICIPATE IN A 
CLASS ACTION, REPRESENTATIVE ACTION, 
PRIVATE ATTORNEY GENERAL LITIGATION OR 
CONSOLIDATED ARBITRATION RELATED TO 
THIS AGREEMENT OR YOUR ACCOUNT. 
The arbitrator will be required to follow relevant 
law and applicable judicial precedent to arrive 
at a decision and shall be empowered to 
grant whatever relief would be available in 
court. Where authorized by applicable law, the 
arbitrator’s award may include attorneys’ fees 
and other expenses. You and we both agree that 
the transactions subject to this agreement to 
arbitrate involve interstate commerce and  
that this agreement to arbitrate shall be 
governed by and enforceable under the  
Federal Arbitration Act.

The cost of any arbitration proceeding shall be 
divided as follows: 

• If you initiate arbitration, you will be 

responsible for paying one half of the filing 
fee, or $125, whichever is less, when the 
demand for arbitration is made.

• If we initiate arbitration, we will  
be responsible for paying all  
arbitration costs. 

• Regardless of who initiates the arbitration, 

you will not be responsible for any 
arbitration fees that exceed one half of the 
filing fee, or $125, whichever is less, or the 
fees that you would have incurred if the 
Claim had been brought in court. 

Notwithstanding the foregoing, if you believe the 
cost of arbitration may be too burdensome, you 
may seek a waiver of the filing fee under the 
applicable Arbitration Rules. If you seek, but do 
not qualify for such a waiver, we will consider a 
written request from you to advance all or part 
of the filing fee.

The arbitrator’s decision shall become final and 
binding after 30 days unless any party to the 
arbitration takes an appeal from the decision 
by making a written request to the American 
Arbitration Association. The appeal panel, which 
will consist of three arbitrators, will consider 
all factual and legal issues anew, will conduct 
the appeal in the same manner as the initial 
arbitration, and will make decisions based on  
the vote of the majority. We will advance any 
fees and costs required by the American 
Arbitration Association to commence any  
appeal. The appeal panel’s decision shall be  
final and binding. 

In the event of a conflict between the Arbitration 
Rules and this Arbitration Agreement, this 
Arbitration Agreement shall govern. This 
Arbitration Agreement shall not apply to any 
Claims as to which the limitations herein on 
class actions or class-action or consolidated 
arbitration are not permitted by applicable law. If 
any other provision of this agreement to arbitrate 
should be found invalid or unenforceable such a 
determination shall not affect the enforceability 
of the remaining provisions which shall remain 
and continue in full force and effect. 

You may contact the American Arbitration 
Association to obtain information about 
arbitration, arbitration procedures and fees by 
calling the telephone number or going to the 
Internet website indicated below: 

American Arbitration Association 
335 Madison Avenue (10th Floor) 
New York, NY 10017-4626 
800-778-7879 
www.adr.org 

RIGHT TO REJECT ARBITRATION

YOU HAVE THE RIGHT TO REJECT THIS 
AGREEMENT TO ARBITRATE, BUT YOU MUST 
EXERCISE THIS RIGHT PROMPTLY. If you do 
not wish to be bound by this agreement to 

arbitrate, you must notify us in writing within 
sixty (60) days after the date your Account 
is opened. You must send your request to: 
Arbitration Manager, Merrick Bank, Legal 
Department, P.O. Box 5000, Draper, Utah 
84020-5000. The request must include 
your 16-digit Account number and a clear 
statement of your intent, such as “I reject the 
arbitration clause in the Merrick Bank Visa® 
or MasterCard® Cardholder Agreement.” Your 
election to reject arbitration will not affect 
the other terms of your Account, nor will we 
close the Account as a result of your election 
to reject arbitration. 

25. Third-Party Legal Process Against 
the Account or the Deposit Account. We 
will comply with any notice of garnishment, 
attachment, tax levy, injunction, restraining 
order, subpoena or other legal process relating 
to the Account or the Deposit Account that, 
in our sole judgment, appears to be valid. If 
your Account or Deposit Account becomes 
involved or subject to any legal or administrative 
proceeding, and we are ordered or required 
to take any action relative to your Account or 
Deposit Account that is inconsistent with the 
terms of this Agreement, the terms of such order 
or requirement shall supersede and replace 
the terms of this Agreement. You agree to pay 
all of our costs and expenses associated with 
responding to any matter described in this 
paragraph, including our attorneys’ fees.

26. Utah and Federal Law Apply to the 
Account. This Agreement and all matters 
relating to the Card or the Account, as well 
as any disputes between us and you, shall be 
subject to and governed by federal law and  
the internal laws of the State of Utah without 
regard to rules concerning conflicts of law or 
choice of law.

27. Jurisdiction, Venue and Service of 
Process. You acknowledge that you applied for 
credit from a bank located in Utah and by using 
the card are borrowing money from a bank 
located in Utah. You acknowledge and agree that 
we may enforce this Agreement and resolve any 
disputes, for which arbitration is not demanded 
in accordance with the Arbitration Agreement, 
in courts located in Salt Lake County, Utah, 
and that such courts have proper jurisdiction 
to hear any matters related to this Agreement. 
You agree that we may serve process upon you 
using certified mail from the United States Postal 
Service or any other courier service, and you 
hereby acknowledge that the signature of any 
person found at your residence or other address 
on such mailing receipt will serve as satisfactory 
proof that process was served upon you and 
shall be deemed notice to you thereof. 

28. We May Assign the Agreement but You 
May Not. You may not sell, assign, or otherwise 
transfer this Agreement, the Card, the Deposit 
Account or the Account, or any portion thereof, 
without the express written consent of the 
Bank. The Bank may sell, assign, or transfer 
this Agreement or the Account or the Deposit 
Account, or any portion thereof or any rights 
to collect money thereunder, at any time and 
without your prior consent.

29. We Do Not Waive Our Rights Through 
Inaction or Delay. The Bank’s failure to exercise 
(or delay in exercising) any of its rights under 
this Agreement or its waiver of its rights on any 
one or more occasions shall not constitute a 
waiver of such rights on any other occasion. All 
rights and remedies of the Bank are cumulative 
and may be pursued singularly, successively or 
together, at its sole option.

30. Severability. If any portion of this 
Agreement, other than the class action waiver 
provisions of the Arbitration Agreement, is 
deemed invalid or unenforceable, the remaining 
portions shall nevertheless remain in force. If the 
class action waiver provisions of the Arbitration 
Agreement are deemed invalid or unenforceable, 
then the entire Arbitration Agreement shall 
be null and void but all other portions of this 
Agreement shall nevertheless remain in force.

31. The Agreement Is an Integrated 
Agreement. This document, together with the 

Pricing Appendix and any change-in-terms 
notices we send to you, constitute the final 
written expression of the Agreement between 
you and the Bank concerning the Card, the 
Account and the Deposit Account, and this 
Agreement may not be contradicted by evidence 
of any alleged oral agreement. 
32. Glossary and Definitions. The following 
definitions apply throughout your Agreement.
“Account” means the credit card account 
governed by this Agreement. The Account was 
created in and is maintained within the State 
of Utah.
“Account Balance” means what you owe the 
Bank at a particular moment in time, including 
all billed and accrued interest, based upon 
transactions that have posted by that time. 
The balance information you receive over the 
telephone from us may not be your payoff 
balance due to possible delays in posting or 
calculation, or due to fees or interest incurred or 
to be incurred, or for other reasons.
“Annual Fee” means the annual fee, if any, 
described in the Pricing Appendix.
“Additional Card Fee” means the additional fee, 
described in the Pricing Appendix, that must be 
paid annually for each additional Card provided 
to you, a co-applicant or an authorized user of 
the Account.
“Agreement” means this document and the 
Pricing Appendix, together with any changes  
in terms.
“Annual Percentage Rate” or “APR” is the 
interest rate stated as a yearly rate. As set forth 
in the Pricing Appendix, different APRs will apply 
to Purchases and Cash Advances.
“Arbitration Agreement” means the section of 
this Agreement entitled “Agreement to Arbitrate 
Disputes and Class Action Waiver.”
“ATM” means automated teller machine.
“Average Daily Balance” means the average 
of the daily balances on your Account during a 
Billing Cycle.
“Bank,” “Merrick Bank,” “we,” “our,” and “us” 
mean Merrick Bank Corporation.
“Billing Cycle” means the interval between  
the closing dates for each successive  
Billing Statement.
“Billing Statement” means the Billing Statement 
you receive for your Account each month. We 
are under no obligation to send you a Billing 
Statement if your Account Balance is zero and if 
you have no transactions on the Account during 
the Billing Cycle.
“Card” means the plastic card(s) we have 
provided to you to make charges to the Account, 
as well as any additional, renewal, replacement 
or temporary card and any other device or 
technology which may be used to make charges 
to the Account or to evidence its existence.
“Cash Advance” means a transaction with 
the Card wherein you receive cash or a cash 
equivalent, or wherein we provide cash or a 
cash equivalent to someone at your direction. 
Examples of Cash Advance transactions 
include ATM transactions, balance transfers, 
money transfers, money order purchases, tax 
payments, traveler’s check purchases, foreign 
currency purchases, casino chip purchases 
and gaming transactions. Even if we choose to 
treat a particular Cash Advance (or a portion 
of it) as a Purchase, we may still treat other 
Cash Advances (or portions of them) as Cash 
Advances, and we do not waive our right to  
do so.
“Cash Advance APR Cap” means the highest 
APR for Cash Advances that may apply to  
your Account.
“Cash Advance Margin” is the amount that is 
added to the Prime Rate to determine the APR 
for Cash Advances on your Account.
“Daily Periodic Rate” or “DPR” means the 
applicable APR divided by 365.
“Deposit Account” means (if the Account is 
wholly or partially secured) the Merrick Bank 

Merrick Bank Visa® or MasterCard® Cardholder Agreement
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE THE  
“AGREEMENT TO ARBITRATE DISPUTES AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL DETAILS.

 G-16688
04/17

1. Welcome to Merrick Bank and to Your 
Card Agreement. This document and the 
Pricing Appendix that came with your Card 
are your Agreement with us. Please keep this 
Agreement (including the Pricing Appendix as 
well as any future change-in-terms notices 
you may receive) in a safe place with your 
other important papers. The words used in 
this Agreement are defined and explained in 
the “Glossary and Definitions” section below. 
You may make Purchases anywhere the Card 
is honored, so long as you do not exceed your 
available credit limit and are otherwise in 
compliance with this Agreement. The Bank is 
not responsible for the failure of any merchant 
or any other party to accept or honor your 
Card. Unless applicable law otherwise requires, 
if you make a Purchase on your Account and 
the merchant discloses a policy such as “no 
returns,” “no refund,” “no return or credit 
without receipt,” “as is,” “store credit only,” 
“all sales final” or similar statements, you will 
be bound by the merchant’s policy. You must 
acquaint yourself with the merchant’s return 
policies before you make your Purchase. For 
repeat, recurring or automatic Purchases, we 
may rely, to the maximum degree permitted 
by law, upon any reasonable proof presented 
to us by the merchant that you authorized 
such purchases and authorized being billed 
repeatedly for them. If you have authorized 
repeat, recurring or automatic Purchases and 
we replace your Card due to its being lost, 
stolen or at risk for fraud, we may, at our 
sole discretion, notify the recipients of your 
recurring or automatic Purchases, but you 
agree to notify the recipients of your recurring 
or automatic Purchases of the change in your 
account number.
You may obtain Cash Advances from many 
locations where the MasterCard® or Visa® logo 
is displayed (depending on whether your Card 
is a MasterCard® or a Visa® card) or from an 
ATM that displays such a logo, so long as you 
do not exceed your available total credit limit 
or any daily Purchase limits, or exceed your 
available Cash Advance credit limit or any 
daily Cash Advance limits, and are otherwise 
in compliance with this Agreement. A Cash 
Advance Transaction Fee will be charged to 
your Account each time you obtain a  
Cash Advance.
You must sign the back of the Card before 
you use it for the first time. BY SIGNING THE 
CARD OR USING IT TO MAKE A PURCHASE 
OR TO OBTAIN A CASH ADVANCE, YOU AGREE 
TO ALL OF THE TERMS AND CONDITIONS OF 
THIS AGREEMENT, INCLUDING THE PROVISION 
BELOW RELATING TO FUTURE CHANGES TO 
THIS AGREEMENT OR THE PRICING APPENDIX.
We may change the terms of this Agreement 
or the Pricing Appendix at any time. We may 
change or remove any of the terms and 
conditions of, or add new terms or conditions 
to, this Agreement or the Pricing Appendix, 
including without limitation by increasing 
existing fees, margins and rates, and adding 
new fees and charges, whether or not the 
Account has been cancelled, suspended or 
closed to new Account transactions, and, to the 
extent allowed by applicable law, any changes 
will apply to your entire Account Balance even 
though Purchases, Cash Advances or other 
transactions occurring prior to the date of the 
change may be part of the Account Balance. 
At any time, you may request that we mail you a 
copy of this Agreement in its then-current form, 
or you may review it on the Internet at  
www.merrickbank.com/agreements. If you  
are visually impaired, please call us at  
(800) 204-5936 for assistance.
2. Your Promise to Pay. You promise to pay, 
according to the terms of this Agreement, all 
amounts owing under your Account and this 
Agreement including, without limitation, the 
total amount of all Purchases, Cash Advances, 
interest charges and all other charges and 

fees described in this Agreement. If you have 
requested a Card for use by someone else, you 
will be responsible for that person’s transactions, 
including transactions for which you may not 
have intended to be liable. We reserve the right 
to hold such person responsible for his or her 
Purchases, Cash Advances and associated 
interest charges and fees, but our doing so does 
not relieve you of your duty to pay. Although we 
will send you Billing Statements, if you do not 
receive a Billing Statement you still must pay 
your Minimum Payment by the Payment Due 
Date. If you do not receive a Billing Statement, 
you must call us at (800) 204-5936 to find out 
your Payment Due Date and Minimum Payment, 
and to advise us of your correct mailing address. 
We will only mail Billing Statements to one 
mailing address. With your authorization, we 
may also provide your Billing Statements via 
email or other electronic means. You must notify 
us immediately of any change to your mailing 
or email address. We will only send Billing 
Statements to you, and not to any third-party 
(except if applicable law requires otherwise). No 
matter where Billing Statements are sent or when 
they are received, your obligation to make timely 
Minimum Payments and to pay all other amounts 
owed on the Account is not excused.

We may accept late or partial payments without 
losing any of our rights under this Agreement. You 
agree not to send us partial payments marked 
“paid in full,” “without recourse,” or similar 
language. If you send such a payment, we may 
accept it without losing any of our rights under 
this Agreement.

If you do not pay what you owe when it is 
due, or if you otherwise violate this Agreement 
(including in connection with the Deposit 
Account or the Bank’s security interest therein), 
then in addition to all charges, interest, fees and 
other amounts described in this Agreement you 
also must pay us, or our assignee, all collection 
costs, legal expenses or other expenses 
resulting from any and all efforts to collect what 
is owed on the Account or as a result of use 
of the Card, or otherwise to respond to your 
violation of this Agreement. This includes all 
attorneys’ fees and arbitration or court costs. 
You agree to pay reasonable attorneys’ fees 
even if the attorney is a salaried employee of the 
Bank or its assignee.

3. How to Make Payments and How We 
Apply Them. You must pay us in U.S. Dollars, 
with a check, draft or money order drawn on a 
United States bank or the United States Postal 
Service, or through an automated clearing house 
acceptable to us in our sole discretion. 

Payments received with the payment coupon 
and received from the postal or other delivery 
service by 5:00 p.m. local time at the payment 
address indicated on the most recent Billing 
Statement will be posted to your Account as of 
that date. If you send payments to any other 
address or fail to include the payment coupon,  
or if there are errors or delays at the postal 
service or other transmission or delivery 
services, the payment may be lost or there 
may be a delay in posting the payment. Either 
event could result in a Late Payment Fee and/
or additional interest charges. Neither the postal 
service nor any other money transmitter or 
delivery service is Merrick’s agent, and if you 
use the postal service or any other third party  
to deliver your payment, you assume the risk 
that those services lose it or deliver it late. 
Please call us at (800) 204-5936 or go to  
www.merrickbank.com/payments if you do not 
know where to send your payment.

Payments in excess of the Minimum Payment 
shown on the most recent Billing Statement will 
be applied first to the highest APR balance. In 
general, amounts up to the Minimum Payment 
will be applied in the manner most favorable to 
us, which usually will be to lower APR balances 
(including any zero APR balances) before higher 
APR balances.

Merrick Bank processes electronic check 
conversions. This means that if you send 
us a check we may take information from it 
(including without limitation the amount, your 
bank routing number, checking account number 
and check number) to initiate an electronic 
funds transfer (EFT). An EFT likely will clear 
more quickly than a check, and your checking 
account even may be debited the same day we 
receive your check. Please be sure you maintain 
sufficient funds in your checking account when 
you send us a check; if there are not sufficient 
funds and your bank returns the item to us 
unpaid, you must pay a Returned Payment Fee. 
With electronic check conversion, you will not 
receive your cancelled check back, but your 
checking account statement should provide 
sufficient information about the EFT. If we are 
unable to process the EFT for any reason, we 
may submit either your original check or a copy 
of your original check to your bank for payment 
and processing.

4. You Must Make Your Minimum Payments 
On Time. You may pay the New Balance 
in full every month, or you can pay it in 
monthly installments. If you decide to pay it in 
installments, then each Billing Cycle you must 
pay at least the Minimum Payment shown on 
the Billing Statement by the Payment Due Date. 
The Minimum Payment will be calculated as 
described in the Pricing Appendix. Even if you 
pay more than the Minimum Payment in one 
Billing Cycle, you still must pay the full Minimum 
Payment in future Billing Cycles until the entire 
Account Balance is paid. Credits applied for 
reversals of Purchases (for example, merchant 
credits for returned or defective goods) or for 
reversals of fees or interest charges do not 
count toward your Minimum Payment. For 
example, if the Minimum Payment is $50, you 
still must pay us the full $50 by the Payment 
Due Date even if you return $50 worth of goods 
to a merchant where you use the Card. If the 
Minimum Payment is not received on time, you 
agree to pay a Late Payment Fee.

If banking regulation requires that we classify 
your Account uncollectible and charge it off due 
to non-payment you will be in default and the 
Bank reserves the right to (1) refuse to honor 
any further Purchases or Cash Advances, (2) 
reduce your credit limit, (3) require payment of a 
portion of your outstanding balance greater than 
the Minimum Payment, (4) declare the entire  
balance of your Account immediately due and 
payable, and/or (5) exercise such other and 
further of its rights under this Agreement or 
applicable law as the Bank in its sole discretion 
deems appropriate.

5. How Interest Is Calculated. We use the 
Average Daily Balance method (including new 
transactions) to calculate interest on your 
Account. The Average Daily Balances  
for Purchases and Cash Advances are  
calculated separately. 

To calculate the Average Daily Balances, we 
start with the beginning balance for each 
day in the Billing Cycle. For Purchases, the 
beginning balance includes billed but unpaid 
interest on Purchases, Annual Fees (including 
Additional Card Fees), Late Payment Fees, 
Returned Payment Fees, Over Limit Fees, 
Copying Charges, Currency Conversion Charges 
related to Purchases, Phone Payment Fees, 
Replacement Card Fees, the Account Set-Up Fee 
and Fees for Other Services. For Cash Advances, 
the beginning balance includes billed but 
unpaid interest on Cash Advances, Cash Advance 
Transaction Fees and Currency Conversion Charges 
related to Cash Advances. We then add any new 
charges and subtract any payments or credits. 
This gives us the daily balance for each day, except 
that if the daily balance is negative, we treat it as 
zero. We then add up all of the daily balances for 
each balance and divide by the number of days in 
the Billing Cycle. This gives us the Average Daily 
Balance for each balance. The interest charged for 
each balance equals the Average Daily Balance for 

that balance times the applicable DPR times the 
number of days in the Billing Cycle. The results are 
then added together to determine the total interest 
charge for the Billing Cycle. To the extent interest 
comprises any part of your Average Daily Balance, 
compounding of interest will occur.

Charges are added as of the date of the 
transaction. If a transaction occurs in one Billing 
Cycle but is not posted to your Account until the 
next Billing Cycle, the transaction is added or 
subtracted on the first day of the Billing Cycle in 
which the transaction is posted to your Account. If 
the DPR for Purchases or Cash Advances changes 
during a Billing Cycle, the new DPR will take 
effect as of the first day of the Billing Cycle.

6. About Periodic Rates (APRs and DPRs). 
If your Account has an Introductory APR for 
Purchases or Cash Advances, the Introductory 
APR and the corresponding Introductory 
DPR will be shown in the “Interest Rates 
and Interest Charges” section of the Pricing 
Appendix. Introductory APRs are fixed rates 
and are not based on movements in the Prime 
Rate. Introductory APRs will be in effect until 
the Introductory Period End Date shown in the 
“Interest Rates and Interest Charges” section of 
the Pricing Appendix. 

If your Account does not have an Introductory 
APR for Purchases or Cash Advances, or after 
the Introductory Period End Date, your APRs and 
DPRs will vary. The APR for Purchases and the 
APR for Cash Advances will be determined by 
adding the Purchase Margin and Cash Advance 
Margin shown in the “Variable Rate Information” 
section of the Pricing Appendix to the Prime 
Rate. The DPR is 1/365th of the corresponding 
APR. However, the APRs for Purchases and 
Cash Advances will never be greater than the 
lesser of the Purchase or Cash Advance APR Cap 
shown in the “Variable Rate Information” section 
of the Pricing Appendix or the maximum rate 
permitted by applicable law. The “Interest Rates 
and Interest Charges” section of the Pricing 
Appendix includes the APRs and “Daily Periodic 
Rates” section of the Pricing Appendix includes 
DPRs for Purchases and Cash Advances as of 
the date indicated in the Pricing Appendix. Any 
changes in your APRs and DPRs resulting from a 
change in the Prime Rate during a Billing Cycle 
will take effect as of the first day of the Billing 
Cycle. An increase in the Prime Rate may result 
in an increase in the amount of interest charged, 
the Minimum Payment or both.

7. How to Avoid Paying Interest on New 
Purchases. You will not be charged interest 
on new Purchases during a Billing Cycle if you 
paid the entire New Balance, if any, shown on 
the Billing Statement on or before the Payment 
Due Date.

8. About Other Interest Charges and Fees. 
You agree to pay the following additional interest 
charges and fees (if applicable to your Account) 
in the amounts set forth in the “Fees” section of 
the Pricing Appendix.

a. Account Set-Up Fee. If applicable, an Account 
Set-Up Fee will be charged to your Account 
when the Account is opened.

b. Annual Fee. If the Pricing Appendix includes 
an Annual Fee, your Account will be charged an 
Annual Fee as described in the “About Annual 
Fees” section of this Agreement.

c. Cash Advance Transaction Fee. A Cash 
Advance Transaction Fee will be charged to your 
Account each time you obtain a Cash Advance.

d. Copying Charge. Your Account will be charged 
$2 for each page of any copy of a Billing 
Statement, sales slip or payment copy that the 
Bank produces at your request, except if the 
copies are produced to resolve a reported billing 
error under the Fair Credit Billing Act.

e. Currency Conversion Charge. For each 
Purchase or Cash Advance made in a foreign 
currency, we add an additional interest charge 
of 2% of the amount of the Purchase or Cash 

Advance after its conversion into U.S. Dollars, 
as described in the “About Foreign Currency 
Transactions” section of this Agreement.
f. Late Payment Fee. Your Account will be 
charged a Late Payment Fee if you have not paid 
the Minimum Payment on a Billing Statement by 
the Payment Due Date.

g. Minimum Interest Charge. In any Billing Cycle 
in which your Account has a balance, you were 
not charged a Cash Advance Transaction Fee 
and the total interest charged for the Billing 
Cycle would otherwise be less than $1, a 
Minimum Interest Charge will be charged to  
your Account.

h. Phone Payment Fee. If you wish expedited 
service for transmittal of a payment, you may 
request to make a phone payment using a 
customer service representative for which you will 
be charged a fee. The amount of the fee will be 
disclosed prior to fulfilling your request.

i. Replacement Card Fee. Your Account may be 
charged a fee for each replacement Card or PIN 
you request, no matter what the reason, or if 
your Card or PIN is lost or stolen.

j. Returned Payment Fee. A Returned Payment 
Fee will be charged to your Account if for any 
reason a check, draft or similar instrument is not 
honored or cannot be processed, or if an EFT or 
electronic debit is returned unpaid or cannot be 
processed, even if the item is later honored or 
paid following resubmission. You authorize us to 
resubmit returned payments (including without 
limitation through electronic collection methods) 
at our discretion. 

k. Fees for Other Services. We may charge other 
fees to your Account for services associated with 
your Account that you request. You may decline 
the services before the fees are charged.

l. Over Limit Fee. If the law permits, we will 
charge an Over Limit Fee as set forth in the 
Pricing Appendix. We are not obligated to 
approve any over the limit transaction. If any 
amount set forth in the Pricing Appendix exceeds 
the maximum permitted by applicable law, we 
will follow the law as to such fee or charge.

9. About Annual Fees. If your Card is subject to 
an Annual Fee, but you have not yet used your 
Card to make a Purchase or to obtain a Cash 
Advance, you may cancel your Account within 
90 days of receiving the Card by calling (800) 
204-5936 or by writing to us at Merrick Bank, 
P.O. Box 9201, Old Bethpage, NY 11804-9001. 
If we receive your request to cancel within 90 
days of your receipt of the Card, you will not 
be responsible for the Annual Fee if you have 
not previously used the Card or the Account. 
Otherwise, you must pay the Annual Fee.

If you obtain an additional Card, the amount 
of the Annual Fee will be increased by the 
Additional Card Fee described in the Pricing 
Appendix. Both the Annual Fee and the Additional 
Card Fee must be paid for each year (or part 
thereof) when the Account is open, whether or 
not the Card is used during the year and whether 
or not there is a balance on the Card. Payment 
of the Annual Fee does not assure you of good 
standing on the Account, does not affect our right 
to change the terms of this Agreement and does 
not affect our right to decline authorization of 
any Purchase or Cash Advance. If the Account is 
closed but with an unpaid balance, the Annual Fee 
and Additional Card Fee must be paid for each 
year (or part thereof) when there is a balance 
greater than zero on the Account.

After the first year you have the Card, we  
may in our discretion choose to bill the Annual 
Fee and the Additional Card Fee in  
12 monthly installments. 

10. About the Credit Limits on the Account. 
The Bank has established a total credit limit 
and a Cash Advance credit limit on the Account, 
and any transaction that might exceed one 
of these credit limits may be declined at our 
sole discretion. We may also opt, in our sole 
discretion, to approve or decline any portion 
of a requested transaction. These credit limits 
may be reduced at any time without warning 
or notice to you, at any time, during any Billing 

Cycle. We similarly may suspend charging 
privileges at any time and for any reason (or no 
reason) without warning or notice to you. This 
may, for example, occur if you fail to comply with 
any provision of the Agreement, if we in our sole 
discretion believe our likelihood of being repaid is 
diminished or impaired, or if overall credit market 
conditions make it infeasible or more costly to 
extend credit to you. 
In determining your continuing creditworthiness, 
the Bank, in its discretion, may consider, among 
other things, the total amount of debt you are 
carrying compared to your resources or any other 
of your credit characteristics, regardless of your 
performance on the Account. 
Subject to our review and approval, you may, 
if your Account is secured or partially secured, 
increase your credit limit by making additional 
deposits into the Deposit Account. Any such 
additional deposits must be at least $50, and 
without our express written approval the balance 
in the Deposit Account may not exceed an amount 
that together with any unsecured credit available 
to you through your account would cause your 
total credit limit to exceed the amount of $10,000.
Certain transactions or combinations of 
transactions may cause your Account Balance or 
your Cash Advance balance to reach or exceed 
credit limits, and as a result authorization for 
certain Purchases or Cash Advances may be 
declined. For example, even if we have posted 
a payment or credit to the Account, we still may 
in our sole discretion decline to permit use of a 
portion of the credit limit equal to the amount of 
the payment or credit for up to eleven days from 
the date posted. Additionally, certain merchants 
(such as hotels or rental car agencies) as a 
matter of policy will process charges in a manner 
resulting in a temporary restriction of the use of 
a portion of the credit limit that is substantially 
greater than the actual amount of the charge; 
please inquire of the merchant before using the 
Card to determine whether the merchant follows 
such a policy.
11. About Foreign Currency Transactions. 
Purchases and Cash Advances made in 
currencies other than U.S. Dollars will be 
converted to U.S. Dollars under the operating 
regulations or foreign currency conversion 
procedures established by Visa® or MasterCard® 
then in effect. Conversion to U.S. Dollars may 
occur several days or weeks after the transaction; 
therefore, the currency conversion rate may be 
significantly different from the rate in effect at the 
time of the transaction. We do not determine the 
currency conversion rate that is used, and it may 
be significantly less favorable to you than a rate 
you could obtain in a cash transaction. You agree 
to pay the converted amount. For each Purchase 
or Cash Advance made in a foreign currency, we 
add an additional interest charge of 2% of the 
amount of the Purchase or Cash Advance after its 
conversion into U.S. Dollars.

12. What Purchases and Cash Advances  
Are Not Allowed. We may, in our sole discretion, 
deny authorization for any requested Purchase or 
Cash Advance. You may not use the Account or 
the Card for business or commercial purposes; 
the Account and the Card may be used for 
consumer purposes only.
You may not use the Account or the Card to 
make payments on the Account or anyone else’s 
account with us.
You may not use the Account or the Card for 
anything we deem unlawful gambling activity.
You may not use the Account or the Card to 
purchase illegal items, to commit fraud, to 
harm anyone or to engage in any other activity 
prohibited by law.
You may not use the Account or the Card to make 
Purchases that exceed your available credit limit.
You may not use the Account or the Card to obtain 
Cash Advances that exceed your available credit 
limit or available Cash Advance limit.
You may not use the Card, make any Purchases 
or request any Cash Advances when you or 
any other person obligated on the Account is 
insolvent or after a bankruptcy petition has 
been filed. If you use or if you let someone else 

use the Account or the Card for a prohibited, 
improper or unlawful purpose, or at a time when 
use of the Account or the Card is not permitted, 
you still will be responsible for all charges 
relating to such use, to the maximum degree 
permissible by law. You also will be responsible 
for all additional amounts or expenses the 
Bank, Visa® or MasterCard® might pay as a 
result of such use, such as if the Bank, Visa® or 
MasterCard® is sued in regard to your use of the 
Account or the Card. It is your responsibility to 
determine if your transactions or those that you 
let someone else make are lawful; neither the 
Bank nor Visa® nor MasterCard® is responsible 
for determining the legality of any transaction.

13. Closing the Account. We may close the 
Account at any time for any reason (or no 
reason) and without prior notice. You may close 
the Account at any time. Authorized users 
of the Account other than you may not close 
the Account. All amounts due on the Account 
pursuant to this Agreement must be paid even  
if the Account is closed (no matter by whom)  
or if charging privileges are reduced, restricted 
or suspended.

14. About Excess Payments and Credits. If 
payments and credits posted to the Account 
exceed what you owe, you will have a credit 
balance with us, which may be offset against 
future Purchases or Cash Advances that occur. If 
a credit balance persists, we will mail a check to 
you for the amount of the credit balance within 
the time frame required by applicable law. If 
we are unable to locate you, any credit balance 
in your account will be escheated pursuant to 
applicable law. 

15. About Credit Reporting. You authorize us 
to request consumer reports (also known as 
credit reports) including periodic updates about 
you, to make whatever credit investigations we 
deem appropriate, to obtain and exchange any 
information we may receive from consumer 
reports and other sources and to use such 
information for any purpose (including to 
reduce credit limits, to restrict or suspend 
charging privileges or to close the Account). 
You also authorize us to furnish information 
concerning your Account and your performance 
under this Agreement to consumer reporting 
agencies (credit bureaus) or to others, but you 
acknowledge that we are under no duty to do 
so. If you believe information we have furnished 
about your Account to a consumer reporting 
agency is inaccurate, you should notify the 
appropriate credit reporting agency to request 
that it investigate the possible inaccuracy. You 
may also write to us at Merrick Bank, P.O. Box 
9201, Old Bethpage, NY 11804-9001, and 
identify the specific information you believe is 
inaccurate. IF YOU FAIL TO MAKE PAYMENTS ON 
TIME AS SET FORTH IN THIS AGREEMENT OR IF 
YOU OTHERWISE FAIL TO FULFILL THE TERMS 
OF THIS AGREEMENT, THEN NEGATIVE OR 
DEROGATORY INFORMATION MAY BE PLACED 
ON YOUR CREDIT FILE.

16. The Deposit Account and Security 
Agreement (If Applicable). If the Account was 
approved on condition of its being secured or 
partially secured, the following rules apply: 
(i) you agree to create a Deposit Account, 
which you shall maintain with us and cause to 
remain unencumbered, except for the security 
interest granted to the Bank pursuant to this 
Agreement (for example, you shall not allow 
the Deposit Account to become subject to any 
nonconsensual lien, judgment, attachment 
or execution); and (ii) we do not allow any 
withdrawal from the Deposit Account until the 
Account is closed and any outstanding balance 
is paid in full.

YOU HEREBY GRANT TO THE BANK A SECURITY 
INTEREST IN THE DEPOSIT ACCOUNT TO SECURE 
PERFORMANCE BY YOU OF ALL OF YOUR 
OBLIGATIONS WITH RESPECT TO THE ACCOUNT AND 
OTHERWISE UNDER THIS AGREEMENT, INCLUDING, 
WITHOUT LIMITATION, THE OBLIGATION TO MAKE 
PAYMENTS TO THE BANK AS DESCRIBED HEREIN.

If the Account is closed by you or us for any 
reason, you authorize us to apply all or any part 
of the funds in the Deposit Account to reduce 
all amounts owed on the Account and any other 

outstanding obligation owed to the Bank, 
including, without limitation, any part of your 
outstanding Account balance in connection 
with which any claim under a credit insurance 
policy or debt cancellation program is pending. 
The application of your deposit will be a credit 
adjustment to your Account balance, and is 
not a payment. If we elect not to, or otherwise 
fail to apply funds in the Deposit Account 
against amounts owed on the Account or 
any other outstanding obligation owed to the 
Bank, you agree that: (1) we do not thereby 
waive any right we have to do so at any later 
date, and may so apply such funds at any 
time, in our sole discretion; and (2) you are not 
thereby excused from the performance of any 
obligation owing with respect to the Account or 
otherwise under this Agreement. If, however, (A) 
the Account is closed by you or by us for any 
reason, and (B) we fail to apply the funds in the 
Deposit Account against amounts owed on the 
Account or otherwise to us, you may request, in 
writing, that we apply the funds in the Deposit 
Account against such amounts. We will honor 
any such written request within five business 
days after we receive it at Merrick Bank, P.O. 
Box 9201, Old Bethpage, NY 11804-9001. If 
the amount in the Deposit Account exceeds the 
amount you owe the Bank, then, unless you 
instruct us otherwise, we will handle the funds 
remaining in the Deposit Account in accordance 
with the terms of the following paragraph.

After the Account has been closed and there 
are no amounts owing in connection therewith 
or otherwise under this Agreement, we can 
hold the funds in the Deposit Account until 
the earlier of the following: (1) we elect, in our 
discretion, to close the Deposit Account and 
return any remaining funds to you; or (2) not 
more than 90 days after we receive from you a 
written request to return any funds remaining 
in the Deposit Account. 

17. Additional Deposit Account and Security 
Agreement Disclosures. If you have a Deposit 
Account, the following shall apply:

a. Interest Rate. Interest will not be paid on 
your Deposit Account.

b. Minimum Balance to Open and Maintain 
the Deposit Account. You must initially deposit, 
and at all times maintain, a deposit amount 
that is defined on the application unless we 
specifically agree otherwise with you. If you 
do not, we either will not open the Account or 
we may terminate the Account. We reserve the 
right to refuse to accept any deposit into the  
Deposit Account. 

c. Subsequent Deposits. Subsequent deposits 
into your Deposit Account must be at least $50. 

d. Transaction Limitations. You may not  
withdraw or transfer funds from the Deposit 
Account, except as otherwise set forth in this 
Agreement. Funds may not be used to make a 
payment. Funds from a closed Deposit Account 
will be returned in accordance with the section 
above titled “The Deposit Account and  
Security Agreement.” 
e. Fees. A Returned Payment Fee, as shown 
in the “Fees” section of the Pricing Appendix, 
will be charged for each check or other item 
submitted as a deposit to the Deposit Account 
that is returned or rejected for any reason, 
including insufficient funds. 

f. Statements. Information about the Deposit 
Account will appear on each Billing Statement 
that we send you. 

18. We Are Not Responsible for Third-Party 
Features, Services or Benefits. If your Card 
includes a rewards program, you acknowledge 
and agree that third-parties may be 
responsible to fulfill any merchandise, rewards 
or other redemptions, and that any such 
rewards program will be governed by separate 
terms and conditions provided to you prior 
to participation in the program. From time to 
time your Card may include various additional 
features, services and enhancements, 
including common carrier travel insurance, 
credit card registration for lost or stolen credit 
cards, and emergency cash service. The Bank 

is not liable for these features, services, and 
enhancements, and such features, services, 
and enhancements are the sole responsibility 
of the third-party provider. You agree to hold 
the Bank harmless from any claims, actions 
or damages resulting from your use of any 
of these features, services or enhancements, 
when permitted by applicable law. The Bank 
reserves the right to adjust, add or delete 
benefits and services at any time and without 
compensating you in any fashion.
19. You Must Read Your Billing Statement 
Carefully as Soon as You Receive It. You 
must read your Billing Statement as soon 
as you receive it. You must review all of it 
carefully, including information regarding your 
Deposit Account, if any. If there is an error on 
your Billing Statement and you do not advise 
the Bank of that error within 60 days after the 
Bank mails the Billing Statement to you, you 
will be bound by what the Billing Statement 
shows. You should also read carefully the 
billing dispute information provided in the 
section below titled “Your Billing Rights Under 
the Fair Credit Billing Act.”
20. Protecting the Account From Fraud.  
Help to prevent fraud before it occurs. Call  
us immediately at (877) 727-6881 if you  
lose the Card, if it is stolen or if you suspect 
any fraudulent use. Reading your Billing 
Statement as soon as you receive it and 
reviewing transactions at  
www.merrickbank.com/cardholdercenter are 
ways to help prevent fraud. You will not be 
responsible for any unauthorized Purchases 
with the Card occurring after we receive 
word of its loss or theft. Even if the Purchases 
occur before we receive word of its loss or 
theft, you will not be responsible for them so 
long as: (1) you promptly gave us notice of 
the loss or theft and (2) the transactions were 
processed by Visa® or MasterCard®. In all other 
circumstances you will be responsible for all 
resulting Purchases and Cash Advances, and 
we reserve the right to collect from you all 
amounts due or otherwise resulting from such 
Purchases and Cash Advances. We take Card 
theft and fraud very seriously, and you agree 
to cooperate with our investigation and further 
agree to assign to us any claims you may have 
against any third party related to theft, fraud or 
unauthorized use.
21. Your Billing Rights Under the Fair Credit 
Billing Act.
YOUR BILLING RIGHTS. KEEP THIS NOTICE 
FOR FUTURE USE.
This notice contains important information 
about your rights and our responsibilities under 
the Fair Credit Billing Act.
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 to us on a separate sheet of paper at 
Merrick Bank, P.O. Box 9201, Old Bethpage, NY 
11804-9001. Write to us as soon as possible. 
We must hear from you no 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, 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 not sure about. 

If you have authorized us to pay your credit 
card bill automatically from your savings or 
checking account, you can stop the payment 
on any amount you think is wrong. To stop 
the payment, your letter must reach us three 
business days before the automatic payment is 
scheduled to occur. 
Your Rights and Our Responsibilities After 
We Receive Your Written Notice

We must acknowledge your letter within 30 
days, unless we have corrected the error by 

then. Within 90 days we must either correct 
the error or explain why we believe the bill was 
correct. After we receive your letter, we cannot 
try to collect any amount you questioned, or 
report you as delinquent. We can continue to 
bill you for the amount you question, including 
interest charges, and we can apply any unpaid 
amount against your credit limit. You do not have 
to pay any questioned amount while we are 
investigating, but you are still obligated to pay 
the parts of your bill that are not in question.

If we find that we made a mistake on your bill, 
you will not have to pay any interest charges 
related to any questioned amount. If we didn’t 
make a mistake, you may have to pay interest 
charges, and you will have to make up any 
missed payments on the questioned amount. In 
either case, we will send you a statement of the 
amount you owe and the date that it is due. 

If you fail to pay the amount that we think you 
owe, we may report you as delinquent. However, 
if our explanation does not satisfy you and you 
write to us within ten days telling us that you 
still refuse to pay, we must tell anyone we report 
you to that you have a question about your bill. 
And, we must tell you the name of anyone we 
reported you to. We must tell anyone we report 
you to that the matter has been settled between 
us when it finally is. 

If we don’t follow these rules, we can’t collect 
the first $50 of the questioned amount, even if 
your bill was correct. 

Special Rules for Credit Card Purchases 

If you have a problem with the quality of 
property 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 
have the right not to pay the remaining amount 
due on the property or services. There are two 
limitations on this right: 

a) You must have made the purchases in 
your home state or, if not within your home 
state, within 100 miles of your current mailing 
address; and 

b) The purchase price must have been  
more than $50. These limitations do not apply 
if we own or operate the merchant, or if we 
mailed you the advertisement for the property 
or services. 

22. How We May Contact You to Discuss the 
Account. Your use of the Card or the Account, 
or your signature on the Card or any charge slip 
for any Purchase or Cash Advance transaction, 
hereby amounts to your express consent for us 
or our assignee to contact you for any purpose 
(including without limitation for the purpose 
of collection or servicing the Account) in any 
manner at any telephone number (landline 
or wireless) or physical or electronic mail 
address you ever provide or have provided to 
us. You agree that we may refuse to authorize 
Purchases or Cash Advances or close your 
Account if we are unable or unauthorized to 
contact you by telephone. For example, we 
or our assignee may, to the maximum degree 
permitted by applicable law:

(1) contact you by mail, telephone (landline or 
wireless), email, fax, recorded message, text 
message, short message service (SMS) and 
personal visit;

(2) contact you using an automated dialing 
and announcing or similar device, and to use 
artificial or prerecorded voice messages;

(3) modify or suppress caller ID and similar 
services and identify ourselves on these services 
in any manner we choose;

(4) leave prerecorded and other messages on 
your answering machine, answering service, 
voicemail and with family members or other 
persons taking messages for you; 

(5) contact you at your home and at your place 
of employment;

(6) contact you at any time, including weekends 
and holidays;

(7) contact you with any frequency; and

(8) identify ourselves, your relationship with 
us and our purpose for contacting you even if 
others might hear or read it.

We may do these things whether we contact you 
or you contact us. 

You agree that we are not required to reimburse 
you for any costs or other expenses resulting 
from our communicating with you by any 
method described in this Agreement. If you do 
not wish for us to use some particular manner 
of contacting you, you must notify us of this in 
writing. However, we are required by law to send 
you Billing Statements even if you request that 
we stop doing so. 

If you advise us that you are represented by an 
attorney, you must provide the attorney’s name, 
address and telephone number; if you do not 
provide the attorney’s contact information, we 
may contact you to confirm the representation 
and obtain the attorney’s contact information. 
If the attorney does not confirm in writing to us 
within 45 days after we contact the attorney 
that you are his or her client, then we will 
assume that you are no longer represented by 
the attorney and we may communicate with 
you directly. Additionally, if any 45-day period 
passes where your attorney does not respond to 
communications from us, we will assume that 
you are no longer represented by the attorney 
and we may communicate with you directly.

You recognize that there is an established 
business relationship between you and us. 
Contacts with you about your Account are not 
unsolicited and might result from information 
we obtain from you or others. If you ask us to 
discuss your Account with someone else,  
you must provide us with documents that we 
ask for and that are acceptable to us in our  
sole discretion. 

You agree that we may, in our sole discretion, 
monitor or record telephone calls with you, 
regardless of who initiates the call. We may at 
our discretion preserve records of written, voice 
and electronic communications with you, but we 
do not promise to maintain such records for any 
period of time. 

You agree that we may, in our sole discretion, 
engage the services of an unrelated third party 
for the purpose of providing alternative format 
materials for persons who are visually impaired or 
providing language translation services.

23. Where We Are and How You May Contact 
Us. We are located in Utah, and the Account is 
opened and maintained there. Our customer 
service telephone number is (800) 204-5936. 
Payments should be sent to the payment 
address indicated on the Billing Statement.  
Any general questions about your Account or 
the Card, as well as any questions or disputes 
of any item on a Billing Statement, should be 
mailed to: Merrick Bank, P.O. Box 9201, Old 
Bethpage, NY 11804-9001. All communications 
relating to the Arbitration Agreement should be 
mailed to: Arbitration Manager, Merrick Bank, 
Legal Department, P.O. Box 5000, Draper, Utah 
84020-5000. Communicating with us at any 
other address will not protect your rights.

24. Agreement to Arbitrate Disputes and 
Class Action Waiver. This section is an 
agreement to arbitrate disputes (“Arbitration 
Agreement”) that may arise as a result of the 
Agreement or your Account. Read this Arbitration 
Agreement carefully. You may reject this 
Arbitration Agreement by notifying us in writing 
within 60 days using the procedure set forth 
at the end of this section. If you are a covered 
borrower under the Military Lending Act, you 
are not required to submit to arbitration, even 
if you fail to reject this Arbitration Agreement 
as described above. If a dispute arises that 
is covered by this Arbitration Agreement, you 
will be required to resolve the dispute through 
Binding Arbitration if you or we request Binding 
Arbitration as set forth herein. This means 
that you will not be able to have the dispute 
settled by trial or before a jury or to participate 
in a class action in court or a class action or 
consolidated arbitration. Other rights that you 
would have if you went to court may not be 

available or may be more limited in arbitration, 
including your right to appeal. 

In consideration for our willingness to provide 
you with an Account as set forth in the 
Agreement, you and we agree as follows: 

Any claim, dispute or controversy (“Claim”) 
by either you or us against the other arising 
from or relating in any way to the Agreement 
or your Account, except for the validity, scope 
or enforceability of this Arbitration Agreement, 
shall, at the demand of any party, be resolved 
by Binding Arbitration. However, we will not 
demand arbitration pursuant to this agreement 
to arbitrate in connection with any individual 
Claim that you properly file and pursue in a 
small-claims court of your state or municipality, 
so long as the Claim is pending only in that 
court. “Binding Arbitration” means an arbitration 
proceeding before the American Arbitration 
Association pursuant to the code of procedures 
of the American Arbitration Association in effect 
at the time the Claim is filed (the “Arbitration 
Rules”). Any arbitration proceeding will take 
place at a location within the federal judicial 
district that includes the most recent U.S. Mail 
address we have on file for you at the time the 
Claim is filed or at any other mutually acceptable 
location. Any party to the arbitration proceeding 
may enter judgment upon the arbitration 
award in any court having jurisdiction over the 
arbitration award and may have that judgment 
enforced by any court having jurisdiction over 
that judgment. 

A demand for arbitration under this agreement 
to arbitrate may be made either before or after 
a lawsuit or other legal proceeding begins. 
However, any demand for arbitration that is 
made after a lawsuit or other legal proceeding 
has begun must be made within 90 days 
following the service of a complaint, third-party 
complaint, cross-claim or counterclaim or any 
answer thereto or any amendment to any of  
the above.

This agreement to arbitrate Claims includes all 
controversies and claims of any kind between 
us. It also includes any disputes you have with 
our agents, contractors, employees, officers 
or assignees, any merchants with whom you 
use the Account, any credit reporting agencies 
to whom we report the Account or any other 
third party that has been involved or becomes 
involved with, or whose trademarks are used 
in connection with, any purchasing, marketing, 
soliciting, servicing or credit reporting activity 
relating to your Account. 

The Claims covered by this agreement to 
arbitrate include, without limitation: 

• Any disputes regarding: the application you 
prepared in connection with the issuance of 
your Account; any solicitation or advertising 
materials you received in connection 
with your Account; any activities relating 
to the maintenance or servicing of your 
Account; and any funds held by the Bank in 
connection with your Account; 

• Any disputes arising from the collection  
of amounts you owe in connection with  
your Account; 

• Any disputes concerning the dollar amount 
of payments made or transactions posted to 
your Account; 

• Any disputes concerning the processing of 

items or funds transfers sent to the Bank for 
the purpose of posting to your Account; 

• Any disputes regarding information 

obtained by us from, or reported by us to, 
credit bureaus or others; and

• Any disputes related to insurance or other 
services or products purchased from us in 
connection with your Account. 

NO ARBITRATOR OR COURT MAY ORDER, 
PERMIT OR CERTIFY A CLASS ACTION, 
REPRESENTATIVE ACTION, PRIVATE 
ATTORNEY GENERAL LITIGATION OR 
CONSOLIDATED ARBITRATION IN CONNECTION 
WITH THIS AGREEMENT TO ARBITRATE. 
NO ARBITRATOR OR COURT MAY ORDER 

ACCOUNT OPENING DISCLOSURES—MERRICK UNSECURED 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

APR for Cash Advances 

Paying Interest  

Minimum Interest Charge 
For Credit Card Tips from the Consumer 
Financial Protection Bureau 

Fees 

Set-up and Maintenance Fees 

· Annual Fee 
· Account Set-up Fee  
· Additional Card Fee 

Transaction Fees 
   · Cash Advance 
   ·Foreign Transaction  

Penalty Fees 
   · Late Payment 
  ·  Over Limit 
  ·  Returned Payment 

20.45% to 29.95% when you open your account, based on 
creditworthiness. Your APR will vary with the market based on the Prime 
Rate.* 
25.45% to 34.95% when you open your account, based on creditworthiness. 
Your APR will vary with the market based on the Prime Rate.* 
Your Payment Due Date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases if you pay your 
entire New Balance by the Payment Due Date each month.  We will begin 
charging interest on Cash Advances on the transaction date.  
If you are charged interest, the charge will be no less than $1.00 
To learn more about factors to consider when applying for or using a 
credit card, visit the website of the Consumer Financial Protection 
Bureau at http://www.consumerfinance.gov/learnmore. 

NOTICE:  Some of these set-up and maintenance fees will be assessed 
before you begin using your card and will reduce the amount of credit you 
initially have available. For example, if your minimum credit limit is $500, 
your initial available credit limit will be only about $377 (based on a one-
time $75 set-up fee and a $48 annual fee) or about $365 if you also choose to 
have an additional card. 

You may still reject this plan, provided that you have not yet used the 
account or paid a fee after receiving a billing statement.  If you do reject the 
plan, you are not responsible for any fees or charges. 

$0 to $96 the first year.  Billed $0 to $8 per month thereafter. 
$0 to $75  (one-time fee) 
$0 to $12 per additional card issued, per year. Billed $0 to $1 per month, per 
card thereafter. 

Either $10 or 4% of the amount advanced, whichever is greater.  
2% of each transaction in U.S. Dollars. 

Up to $38 
$0 
Up to $38 

How We Will Calculate Your Balance: We use a method called "average daily balances (including new purchases)."   
See your Cardholder Agreement for more details. 
Annual Percentage Rates: Daily Periodic Rate for Purchases .05602% to .08205%; Daily Periodic Rate for Cash Advances .06972% 
 to .09575%. 
Variable Rate Information:  Purchase Margin 16.20 to 25.70 percentage points; Cash Advance Margin 21.20 to 30.70 percentage 
points.  Your APR for Purchases and Cash Advances may vary. Your APR is determined monthly by adding the appropriate margin to the 
Prime Rate*. If the Prime Rate* increases, your APR will increase accordingly, with no cap.  An increase in your APR will result in an 
increase of your minimum payment amount. 
*"Prime Rate" means the prime rate of interest published on the last business day of each month in The Wall Street Journal  
(or a comparable rate if The Wall Street Journal ceases publication).  
Minimum Payment: All past-due amounts, plus the greater of the following amounts: (i)  1% of your New Balance plus billed Late Fees, 
Cash Advance Transaction Fees, Over  Limit Fees, Returned Payment Fees, Interest Charges, any Annual Fee billed monthly, and any 
Additional Card Fee billed monthly during the billing cycle for which the  Minimum Payment is calculated, as shown on that periodic 
statement, rounded to the  next-higher dollar; or (ii) $40. If the New Balance is less than $40, the Minimum Payment will be the total 
amount owed.   

Rev12/1/2017 mp40