Annual Percentage Rate 59.9%
(APR) for Purchases

APR for Cash Advances 59.9%

Your due date is at least 27 days after the close of each billing cycle. We will not charge you interest
on purchases if you pay your entire balance by the 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 Federal Reserve Board at http://www.federalreserve.gov/creditcard.

Paying Interest

Minimum Interest
Charge

For Credit Card Tips
from the Federal
Reserve Board

Set-up and
Maintenance
Fees

‘ Processing Fee

$75.00 (one-time fee)

‘ Monthly Servicing Fee

None

for first year; after first year,

$75.00

annually ($6.25 per month)

Transaction Fees

‘ Cash Advance

Either

$6.00

or

5%

of the amount of each cash advance, whichever is greater.

‘ Foreign Currency

3% for each transaction in U.S. dollars.

Penalty Fees

‘ Late Payment

Up to $35.00

‘ Return Item Charge

Up to $35.00

How We Will Calculate Your Balance: We use a method called 'average daily balance (including current transactions).'
See your Account Opening Disclosures for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those
rights is provided in your Credit Card Contract and on the back of your Statement.

 
  
  
  
  
  
  
Processing Fee: We require a one-time up front Processing Fee of $75.00 to be paid in full before the Credit Account is opened to offset the risk associated with the Credit
Account. Refer to the Refund Disclosure for additional information.

FEES AND INTEREST CHARGES:

FEES AND INTEREST CHARGES: The amount of required fees assessed on your Credit Account during the first year of account opening will not be more than 25% of
your initial Credit Limit. Your Credit Account is subject to the following fees and
Periodic INTEREST CHARGES: INTEREST CHARGES are imposed when you obtain a Cash Advance and when a Purchase is posted to your Credit Account.
INTEREST CHARGES are imposed from the time a Purchase is posted until it is paid in full. However if you pay your previous balance in full on or before the Payment Due
Date shown on your previous Statement, you will have a grace period on Purchases of 27 days (from the Statement Closing Date to the Payment Due Date) and your current
to the extent you pay the current Statement in full on or before the Payment Due Date. There is no
Purchases balance will not be subject to periodic
grace period for transactions that post to your Credit Account as Cash Advances. These transactions are subject to
from the date of the transaction.
Computing Periodic INTEREST CHARGES:
is determined by multiplying the "Average Daily Balance" for Purchases and for Cash Advances
outstanding during the monthly Billing Cycle by the monthly "Periodic Rate". The monthly Periodic Rate for Purchases and for Cash Advances is determined by dividing the
ANNUAL PERCENTAGE RATE (APR) by 12. The Monthly "Periodic Rate" for Purchases is 4.9917% and for Cash Advances is 4.9917%. This is equivalent to an
ANNUAL PERCENTAGE RATE
Credit Account as well as Purchases and Cash Advances.

This ANNUAL PERCENTAGE RATE will be applied to fees assessed to your

, each of which will be billed to your Credit Account as a Purchase.

of 59.9% for Purchases and 59.9% on Cash Advances.

INTEREST CHARGES

INTEREST CHARGES

INTEREST CHARGES

INTEREST CHARGE

The

The minimum

INTEREST CHARGE

The "Average Daily Balance" is computed by taking the beginning balance of your Credit Account on each day, calculated separately for Purchases and Cash Advances,
adding new Purchases and/or Cash Advances and subtracting any payments or credits to get each day's daily balance. The daily balances are then added together and
divided by the number of days in the Billing Cycle to get the "Average Daily Balance".
Minimum INTEREST CHARGE:
imposed. During the first 12 months your Credit Account is open, any interest assessed on the Credit Account will be equal to the actual accrued interest.
Monthly Servicing Fee: Your Credit Account will be charged a Monthly Servicing Fee of $6.25 per month ($75.00 annually) until your Credit Account is closed and the
balance is $20.00 or less. This fee will not be assessed in the first 12 months your Credit Account is open.
Cash Advance Fee:
whichever is greater. This fee will not be assessed to Cash Advances taken in the first 12 months your Credit Account is open.
Foreign Currency Transaction Fee: 3% of the Transaction Amount in U.S. dollars. This fee will not be assessed to foreign transactions made in the first 12 months your
Credit Account is open.
Late Fee: In every Billing Cycle in which your payment is late, you will be charged a Late Fee up to $35.00.
Return Item Charge: We impose a Return Item Charge up to $35.00 when a payment on your Credit Account is returned by the financial institution on which it was drawn
for insufficient funds or any other reason. The charge may be imposed even if we elect to re-present the item and it is paid upon our re-presentment.

on Cash Advances, there is an additional fee of $6.00 or 5% of the amount of each Cash Advance,

is $1.00 for each Billing Cycle during which an

based on a periodic rate is

In addition to the periodic

INTEREST CHARGE

INTEREST CHARGE

OTHER CHARGES:
Additional Card Fee: If you authorize us to issue an additional Card on the Credit Account there is an Additional Card Fee of $29.00 imposed annually for each additional
Card.
Credit Limit Increase Fee: Each time your Credit Account is eligible for and approved for an unsecured credit limit increase, a Credit Limit Increase Fee in the amount of
25% of the amount of the credit limit increase will be assessed to your Credit Account. For example: If approved for a $100.00 credit limit increase, a $25.00 Credit Limit
Increase Fee will be assessed to your Credit Account, which will result in an additional available credit of $75.00 on your Credit Account. This fee is automatically assessed
upon approval of your credit limit increase, which could be as soon as your Credit Account has been open for 13 months. Refer to the Refund Disclosure for additional
information.
Copying Fee: If you request a duplicate of any sales draft, Statement, or other document, we will charge you $3.00 for each copy we provide.
Credit Insurance: Disability and loss of income insurance is not required.
Express Delivery Fee: We impose a $35.00 fee for the express delivery of your Card. This service is only available for lost, stolen, or replacement Cards.
Wire Transfer Fee: $5.00 per Transaction.
Minimum Payment: Cutoff Time and Form of Payment: Each month that a New Balance is due, you must pay us at least the Amount Due This Period and Past Due
Amount as shown on your Statement. We must receive your payment on or before the Payment Due Date shown on your Statement. Payment(s) received in Proper Form,
will be credited as of the date of receipt at the address on the payment coupon of your Statement if received by 5:00 pm Central Time, Monday through Friday (federal
holidays excluded). Payments not received in Proper Form may delay the posting to your Credit Account. The Payment Due Date will be at least 27 days from the Closing
Date. Your Payment Due Date will be the same numeric date each month.

If your New Balance exceeds $30.00, the
dollar), or $30.00 whichever is more (or the entire New Balance, if the New Balance is less than $30.00), and (ii) any
Minimum Amount Due
requested on your Statement will not, by itself, cause your Credit Account to be delinquent. You may pay your entire balance at any time.

on your Statement will also include the amount by which the New Balance exceeds your Credit Limit. Failure to pay the

Past Due Amount

Total Minimum Amount Due

will be the sum of (i) 7% of your New Balance at the end of the Billing Cycle (rounded up to the next

. The amount requested as the
Amount Over Limit Due

Total
as

See the Credit Card Contract for further information regarding this
Credit Account. Retain these important documents.

or Credit Account for any unlawful purpose or for any gambling 
transaction,  you  will  be  responsible  for  such  use  and  may  be 
required to reimburse us for all amounts or expenses we pay as 
a result of such use.
Call Recording: We reserve the right to monitor and/or record 
telephone calls for quality and training purposes. This includes 
both calls to and originated by First PREMIER Bank, PREMIER 
Bankcard, LLC, or any of our affiliates or service providers.

YOUR BILLING RIGHTS
KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities 
under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement: If you 
think there is an error on your statement, write to us at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.
com.)
In your letter, give us the following information:
• Account information: Your name and Credit Account Number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your 
bill, describe what you believe is wrong and why you believe it 
is a mistake.
You must contact us:
• Within 60 days after the error appeared on your Statement.
• At least three business days before an automated payment is 
scheduled, if you want to stop payment on the amount you think 
is wrong.
You  must  notify  us  of  any  potential  errors  in  writing  (or 
electronically). You may call us, but if you do we are not required 
to investigate any potential errors and you may have to pay the 
amount in question.
What Will Happen After We Receive Your Letter: When we 
receive your letter, we must do two things:
(1) Within 30 days of receiving your letter, we must tell you that 
we received your letter. We will also tell you if we have already 
corrected the error.
(2) Within 90 days of receiving your letter, we must either correct 
the error or explain to you why we believe the bill is correct.
While  we  investigate  whether  or  not  there  has  been  an 
error:
• We cannot try to collect the amount in question, or report you 
as delinquent on that amount.
• The charge in question may remain on your Statement, and we 
may continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are 
responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After  we  finish  our  investigation,  one  of  two  things  will 
happen:
• If we made a mistake: You will not have to pay the amount in 
question or any interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay 
the amount in question, along with applicable interest and fees. 
We will send you a statement of the amount you owe and the 
date payment is due. We may then report you as delinquent if 
you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, 
you must write to us within 10 days telling us that you still refuse 
to pay. If you do so, we cannot report you as delinquent without 
also reporting that you are questioning your bill. We must tell you 
the  name  of  anyone  to  whom  we  reported  you  as  delinquent, 
and we must let those organizations know when the matter has 
been settled between us.
If we do not follow all of the rules above, you do not have to pay 
the  first  $50.00  of  the  amount  you  question  even  if  your  bill  is 
correct.

Your  Rights  If  You Are  Dissatisfied  With  Your  Credit  Card 
Purchases:  If  you  are  dissatisfied  with  the  goods  or  services 
that  you  have  purchased  with  your  credit  Card,  and  you  have 
tried in good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on the 
Purchase.
To use this right, all of the following must be true:
(1)  The  Purchase  must  have  been  made  in  your  home  state 
or  within  100  miles  of  your  current  mailing  address,  and  the 
Purchase  price  must  have  been  more  than  $50.00.    (Note: 
Neither of these are necessary if your Purchase was based on 
an advertisement we mailed to you, or if we own the company 
that sold you the goods or services.)  
(2)  You  must  have  used  your  credit  Card  for  the  Purchase. 
Purchases  made  with  Cash Advances  from  an ATM  or  with  a 
check that accesses your Credit Account do not qualify.
(3)  You must not yet have fully paid for the Purchase.
If all of the criteria above are met and you are still dissatisfied 
with the Purchase, contact us in writing (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com 
While  we  investigate,  the  same  rules  apply  to  the  disputed 
amount as discussed above.  After we finish our investigation, 
we will tell you our decision. At that point, if we think you owe an 
amount and you do not pay, we may report you as delinquent. 
Your Liability for Unauthorized Use of Your Credit Account: 
You will not be liable for unauthorized use of your Card or Credit 
Account.  However,  to  protect  your  rights,  you  are  required  to 
notify us orally or in writing as soon as you are aware that your 
Card or Credit Account has been lost, stolen or used without your 
consent. Certain exceptions apply and you may be liable for up 
to $50.00. To notify us of the loss, theft or possible unauthorized 
use of your Card, call us at 1-800-987-5521, 24 hours a day. 

STATE DISCLOSURES
California  Residents:  A  married  applicant  may  apply  for  a 
separate  Credit  Account.  As  required  by  law,  you  are  hereby 
notified that a negative credit reporting reflecting on your credit 
record  may  be  submitted  to  a  Consumer  Reporting Agency  if 
you fail to fulfill the terms of your credit obligations. After credit 
approval, each applicant shall have the right to use the Credit 
Account  up  to  the  limit  of  the  Credit  Account.  Each  applicant 
may be liable for amounts extended under the plan to any joint 
applicant.
Delaware  Residents:  Service  charges  not  in  excess  of  those 
permitted  by  law  will  be  charged  on  the  outstanding  balances 
from month to month.
Kentucky Residents: You may pay the unpaid balance of your 
Credit Account in whole or in part at any time.
Maine Residents: Credit insurance provided herein is voluntary 
and  you  have  the  right  to  cancel  such  credit  insurance  at  any 
time.
New York and Vermont Residents: First PREMIER Bank may 
obtain a consumer report for any legitimate purpose in connection 
with  your  Credit Account  or  your  application,  including  but  not 
limited to reviewing, modifying, renewing and collecting on your 
Credit Account. Upon your request, we (First PREMIER Bank) 
will  inform you of the names and addresses  of any Consumer 
Reporting Agencies that have furnished the reports.  New York 
residents may contact the New York State Banking Department 
(1-877-226-5697)  to  obtain  a  comparative  list  of  credit  card 
rates, fees and grace periods.
Ohio Residents: The Ohio laws against discrimination require 
that all creditors make credit equally available to all credit worthy 
customers,  and  that  Consumer  Reporting  Agencies  maintain 
separate  credit  histories  on  each  individual  upon  request. The 
Ohio Civil Rights Commission administers compliance with this 
law.

Married  Wisconsin  Residents:  No  provision  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 
with a copy of the agreement, statement, or court order, or has 
actual knowledge of that provision.

ARBITRATION AND LITIGATION
This  Arbitration  Provision  (“Provision”)  facilitates  the  prompt 
and efficient resolution of any disputes that may arise between 
you and us. Arbitration is a form of private dispute-resolution in 
which persons with a dispute waive their rights to file a lawsuit, 
to proceed in court and to a jury trial, and instead submit their 
disputes  to  a  neutral  third  person  (an  arbitrator)  for  a  binding 
decision. You have the right to opt out of this Provision, which 
means you would retain your right to litigate your disputes in a 
court, either before a judge or jury. To exercise your right to opt 
out you must provide us with written notice no later than 30 days 
after  your  Credit Account  is  first  opened.  If  we  do  not  receive 
your written notice within that time frame, your rights to opt out 
will terminate, and you agree that the provisions of this section 
will apply.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES 
THAT  ALL  DISPUTES  ARISING  OUT  OF  OR  CONNECTED 
TO  THIS  CONTRACT  SHALL  BE  RESOLVED  BY  BINDING 
ARBITRATION.  ARBITRATION  REPLACES  THE  RIGHT  TO 
GO  TO  COURT.  IN  THE  ABSENCE  OF  THIS  ARBITRATION 
AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A 
RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, 
BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR 
BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS 
(INCLUDING,  BUT  NOT  LIMITED  TO,  CLASS  ACTIONS). 
EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS 
AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO 
LITIGATE  CLAIMS AND ALL  OPPORTUNITY  TO  BE  HEARD 
BY A JUDGE OR JURY.
Parties  and  Matters  Subject  to Arbitration:  For  purposes  of 
this  Provision,  “you”  and  “us”  include  the  employees,  parents, 
subsidiaries,  affiliates,  beneficiaries,  agents  and  assigns  of 
you and us. For purposes of this Provision, “Claim” means any 
claim, dispute or controversy by either you or us, arising out of 
or relating in any way to this Contract, this Provision (including 
claims  regarding  the  applicability,  enforceability  or  validity  of 
this  Provision),  your  Credit  Account,  any  transaction  on  your 
Credit Account and our relationship. “Claim” also refers to any 
interaction or communication between you and us that occurred 
prior to or concurrent with entering into this Contract, including 
those now in existence, regardless of present knowledge. “Claim” 
shall refer to claims of every kind and nature, including, but not 
limited  to,  initial  claims,  counterclaims,  cross-claims  and  third 
party claims. All Claims are subject to arbitration, regardless of 
legal  theory  and  remedy  sought,  including,  but  not  limited  to, 
claims based in contract, tort (including negligence, intentional 
tort,  fraud  and  fraud  in  the  inducement),  agency,  statutory  law 
(federal  and  state),  administrative  regulations  or  any  other 
source of law (including equity).
Agreement  to  Arbitrate:  Any  Claim  arising  out  of  or  relating 
to  this  Contract,  or  the  breach  of  this  Contract  or  your  Credit 
Account, shall be resolved and settled exclusively and finally by 
binding  arbitration,  in  accordance  with  this  Provision.  Binding 
arbitration shall not be required, however, for collection actions 
by  us  relating  to  your  Credit  Account.  Furthermore,  both  you 
and  we  retain  the  right  to  pursue  in  a  small  claims  court  any 
Claim that is within that court’s jurisdiction, provided the Claim 
proceeds on an individual basis. However, only a court of law, 
not  an  arbitrator,  shall  determine  the  validity  and  effect  of  this 
Provision’s  prohibition  of  class  arbitration.  For  any  Claims 
covered  by  this  Provision,  a  party  who  asserted  a  Claim  in  a 
lawsuit in court may elect arbitration with respect to any Claim 
subsequently asserted in that lawsuit by any other party.

Voluntary  Waiver  of  the  Right  to  a  Jury  Trial  and  Class 
Action Participation: As a result of this Provision, neither you 
nor we have the right to litigate any Claim in court or the right 
to  a  jury  trial  on  any  Claim,  except  as  provided  above.  YOU 
AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY 
WAIVING  ANY  RIGHT  YOU  MAY  HAVE  TO  GO  TO  COURT 
OR  TO  HAVE  A  JURY  TRIAL.  FURTHERMORE,  NEITHER 
YOU  NOR  WE  MAY  SERVE  AS  A  REPRESENTATIVE, 
A  PRIVATE  ATTORNEY  GENERAL,  OR  IN  ANY  OTHER 
REPRESENTATIVE  CAPACITY.  SIMILARLY,  NEITHER  YOU 
NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF 
CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved 
by binding arbitration on an individual basis. Claims made and 
remedies sought as part of a class action, private attorney general 
or  other  representative  action  are  subject  to  arbitration  on  an 
individual (non-class, non-representative) basis. Therefore, the 
arbitrator  has  no  authority  to  conduct  class-wide  proceedings 
and  will  be  restricted  to  resolving  individual  Claims.  UNDER 
THIS  ARBITRATION  PROVISION  THERE  IS  NO  RIGHT  OR 
AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A 
CLASS BASIS. Arbitration will only be conducted on an individual 
Claim basis and there is no right or authority to consolidate or 
join  any  of  your  Claims  with  any  other  Claims.  YOU  AGREE 
THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING 
ANY  RIGHT  TO  PARTICIPATE AS A  REPRESENTATIVE  OR 
MEMBER  OF  ANY  CLASS  OF  CLAIMANTS  PERTAINING 
TO ANY  CLAIM  SUBJECT  TO ARBITRATION  UNDER  THIS 
PROVISION.
Governing Law: This agreement to arbitrate is made pursuant 
to  a  transaction  involving  interstate  commerce  and  shall  be 
governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it 
may be amended. If for any reason the Federal Arbitration Act 
does not apply, the substantive law of the State of South Dakota 
shall govern this Provision.
Arbitration Location and Procedure:  Any arbitration hearing 
at which you wish to appear will take place at a location within 
the  federal  judicial  district  that  includes  your  billing  address  at 
the  time  the  Claim  is  filed.  The  party  bringing  the  Claim  may 
file its Claim at the American Arbitration Association (“AAA”), or 
an arbitration organization mutually agreed upon by the parties. 
The arbitration organization that is selected will administer the 
arbitration  pursuant  to  its  procedures  in  effect  at  the  time  of 
filing,  subject  to  this  Provision.  If  you  do  not  agree  to  file  your 
claim with AAA, and the parties cannot agree on an alternative 
arbitration organization, an arbitrator will be appointed by a court 
pursuant to the Federal Arbitration Act. In the event of a conflict 
or inconsistency between the respective organization’s rules and 
this Provision, this Provision shall govern. The arbitration will be 
conducted before a single arbitrator, whose authority is limited 
solely to individual Claims between you and us. The arbitration 
will  not  be  consolidated  with  any  other  arbitration  proceeding. 
Any decision rendered in such arbitration proceeding will be final 
and  binding  on  the  parties  and  judgment  may  be  entered  in  a 
court of competent jurisdiction. The rules and forms of AAA may 
be  obtained  as  follows:  American  Arbitration  Association,  (1-
800-778-7879), 335 Madison Avenue, Floor 10, New York, NY 
10017, website at www.adr.org.
Arbitrator’s Authority: The arbitrator shall apply the applicable 
substantive law, consistent with the Federal Arbitration Act; shall 
apply  statutes  of  limitation;  and  shall  honor  claims  of  privilege 
recognized  at  law.  In  conducting  the  arbitration  proceeding, 
the  arbitrator  shall  not  apply  any  federal  or  state  rules  of  civil 
procedure  or  evidence.  PURSUANT  TO  THIS ARBITRATION 
IN 
PROVISION,  THERE 
PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR 
IN  THE  RULES AND  PROCEDURES  OF  THE  RESPECTIVE 
CHOSEN  NATIONAL  ARBITRAL  ORGANIZATION.  Either 
party may, however, request to expand the scope of discovery. 

IS  NO  RIGHT  TO  ENGAGE 

If  a  request  is  made,  within  15  days  of  the  requesting  party’s 
notice, the objecting party may submit objections to the arbitrator 
with  a  copy  of  the  objections  provided  to  the  party  requesting 
expansion.  The  grant  or  denial  of  a  party’s  request  will  be  in 
the sole discretion of the arbitrator, who shall notify the parties 
of  the  final  decision  within  20  days  of  the  objecting  party’s 
submission.
The Arbitrator’s Award:  The arbitrator has the ability to award 
to  the  prevailing  party  all  remedies  available  at  common  law, 
by  statute  or  in  equity,  including  injunctive  relief,  declaratory 
relief,  arbitration  costs  and  attorney  fees.  The  arbitrator  shall 
not,  however,  have  authority  to  award  any  punitive  damages. 
YOU  AND  WE  AGREE  THAT  PUNITIVE  DAMAGES  ARE 
NOT  RECOVERABLE  IN  ANY  ARBITRATION  OR  OTHER 
PROCEEDING  UNDER  THIS  CONTRACT  EXCEPT  TO  THE 
EXTENT  PUNITIVE  DAMAGES  WOULD  BE  AVAILABLE  IN 
LITIGATION. For awards not in excess of $5,000.00, upon the 
timely  request  of  any  party,  the  arbitrator  shall  provide  a  brief 
written  explanation  of  the  basis  for  the  award.  In  the  event 
an  award  exceeds  $5,000.00,  or  in  which  there  is  a  request 
for  equitable  relief  with  a  potential  financial  impact  or  value  in 
excess of $5,000.00, the award of the arbitrator shall be in writing 
and shall specify the facts and the law on which it is based. In 
such case, the arbitrator’s findings of fact must be supported by 
substantial evidence and the arbitrator’s conclusions of law must 
not be based on legal error or be erroneous under the applicable 
substantive law. Further, in addition to the Federal Arbitration Act’s 
grounds for vacation, modification or correction of the arbitrator’s 
award,  the  parties  shall  have  the  right  to  judicial  review  of  the 
arbitrator’s award to determine whether the arbitrator’s findings 
of fact are supported by substantial evidence and whether the 
arbitrator’s  conclusions  of  law  are  based  on  legal  error  or  are 
erroneous under the applicable substantive law. Judgment upon 
the award rendered by the arbitrator may be entered in any court 
having jurisdiction thereof. However, if the award is in excess of 
$5,000.00,  judgment  may  be  entered  only  upon  determination 
by the court that the award is supported by substantial evidence 
and is not erroneous or based on legal error.
Expenses: Regardless of who demands arbitration, we will pay 
all  expenses  of  arbitration,  including  the  filing,  administrative, 
hearing and arbitrator’s fees (“Arbitration Fees”), to the extent that 
the Arbitration Fees exceed the amounts you would be required 
to pay for filing a lawsuit in a court. Throughout the arbitration, 
each party shall bear his or her own attorney fees and expenses, 
such  as  witness  and  expert  witness  fees.  If  you  prevail  in  the 
arbitration of any Claim against us, we will reimburse you for any 
fees you paid to the arbitration organization in connection with 
the arbitration.
Binding  Effect  and  Survival:  You  and  we  agree  that,  except 
as  specifically  provided  for  above,  the  arbitrator’s  decision  will 
be final and binding on all parties subject to this Provision. This 
Provision  is  binding  upon  you,  us,  and  the  heirs,  successors, 
assigns and related third parties of you and us. This Provision 
shall survive termination of your account, whether it be through 
voluntary payment of the debt in full by you, a legal proceeding 
initiated by us to collect a debt that you owe, a bankruptcy by 
you or a sale of your Credit Account by us.
Severability: If any portion of this Provision is deemed invalid 
or  unenforceable  under  any  law  or  statute  consistent  with  the 
FAA,  such  a  finding  shall  not  invalidate  any  remaining  portion 
of this Provision, the Contract or any other agreement entered 
into by you with us. However, the prohibition on class arbitration 
is  not  severable  from  the  remainder  of  this  Provision.  In  the 
event that a court deems the prohibition on class arbitration to 
be  invalid  and  unenforceable,  any  subsequent  class  action  or 
representative proceeding shall be in a court of law and will not 
be subject to binding arbitration.

M-104490                     PF                      9/11

First PREMIER Bank
CREDIT CARD CONTRACT AND ACCOUNT  
OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit 
Account  with  us,  including  important  provisions  relating  to 
arbitration and litigation. For additional important information 
on  fees  and  INTEREST  CHARGES  and  other  contract 
provisions that apply to your Credit Account, please review 
the Account Opening Disclosures printed on the card carrier 
containing your Card. Be sure to retain all Contract documents 
for future reference.

YOUR CONTRACT WITH US
Your MasterCard® or Visa® brand Credit Account is governed 
by  the  terms  and  conditions  in  this  Contract  and  the Account 
Opening Disclosures printed on the card carrier containing your 
Card (“Contract”).
Applicable  Law:  No  matter  where  you  live,  our  Contract  with 
you and the terms of your Credit Account will be governed by the 
laws of the State of South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New 
York,  this  Contract  is  effective  upon  the  earlier  of  (1)  the  first 
Purchase made or Cash Advance taken on your Credit Account, 
and  (2)  the  expiration  of  30  days  from  the  date  we  issue  the 
Card to you if you do not provide us written notice of your desire 
to cancel within this 30 days. If you are a resident of the State 
of New York, this Contract is not effective until the earlier of (1) 
the first Purchase made or Cash Advance taken on your Credit 
Account, and (2) the date you move from the State of New York, 
unless the date you move from the State of New York is less than 
30 days from the date we issue a Card to you, in which case this 
Contract  will  be  effective  on  the  date  that  is  30  days  from  the 
date we issue a Card to you (and not the date you move from 
the State of New York) if you do not provide us written notice of 
your desire to cancel within this 30 days. In all cases, if any fees 
are required to be paid prior to opening your Credit Account, this 
Contract  will  not  be  effective  and  your  Credit Account  will  not 
be opened until such fees are paid in full. You are not obligated 
to pay any fees or INTEREST CHARGES (other than any fees 
required  to  be  paid  prior  to  opening  your  Credit Account)  until 
this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In  this  Contract,  “we”,  “us”  and  “our”  each  refer  to  First 
PREMIER Bank (the “Bank”).
“Authorized User” means any person authorized by you to use 
the Card or Credit Account.
“Billing Cycle” begins on the day after the Statement Closing 
Date  of  the  previous  Statement  and  includes  the  Statement 
Closing Date of the current Statement.
“Card” means all the plastic credit cards we issue to you or any 
other  person  who  is  authorized  to  use  the  Credit  Account.  In 
the event we issue other devices by which you can access your 
Credit Account, those devices will also be “Cards” for purposes 
of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open 
for  you  and  the  relationship  that  is  established  between  you 
and us by this Contract. This Credit Account is used to record 
transaction activity made by you when you access or otherwise 
utilize  the  line  of  credit  we  extend  to  you  when  you  use  your 
Card.
“New Balance” means the outstanding balance of your Credit 
Account  at  the  end  of  any  Billing  Cycle.  The  New  Balance  is 
the sum of the Previous Balance (defined as the New Balance 
shown on your last Statement) less payments and credits, plus 

new  Cash  Advances  and  Purchases  and  our  charges  posted 
during the Billing Cycle.
“Payment  Due  Date”  means  the  date  we  must  receive  your 
payment, which is not less than 27 days from the Closing Date.
“Proper Form” means that a payment sent by mail or courier 
follows these guidelines:

•	 Payments  must  be  sent  to  the  address  on  the  payment 

coupon of your Statement.

•	 Payments  must  be  made  by  check  or  other  negotiable 
instrument  in  U.S.  dollars  payable  to  First  PREMIER 
Bank.

•	 All checks or negotiable instruments must be drawn on a 

U.S. bank or at a U.S. branch of a foreign bank.

•	 Payments  must  not  be  in  the  form  of  cash  or  third-party 

checks. 

•	 Your payment coupon must be included with your payment. 
If  your  payment  coupon  is  not  included,  your  name  and 
account number must be printed legibly on your check or 
negotiable instrument.

“Related  Credit  Account(s)”  means  any  Credit  Accounts 
established using the same Social Security Number.
“Statement”  is  a  summary  of  your  Credit  Account  activity 
provided to you at the end of each Billing Cycle.
“Total  Minimum  Amount  Due”  means  the  total  minimum 
amount we request that you pay each month as indicated on your 
Statement. This amount includes the Amount Due This Period, 
any Past Due Amount and any Amount Over Limit Due, which 
is the amount by which the New Balance exceeds your Credit 
Limit.  (See  the  Minimum  Payment  provisions  on  the  Account 
Opening Disclosures printed on the card carrier containing your 
Card for more information on how the “Total Minimum Amount 
Due” is calculated.)
“You”  and  “your”  mean  each  and  every  person  who  is 
authorized  to  use  the  Credit  Account,  including  Authorized 
Users,  joint  account  holders  and  other  persons  you  authorize 
to use the Card. 
Other important words used in this Contract begin with capital 
letters. They are defined throughout this Contract.

USING YOUR CARD
Sign Your Card: Be sure to sign your Card before you use it.
If You Do Not Want the Card: If you do not want the Card and 
Credit Account, you must contact us by telephone or in writing 
asking us to close your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to 
anyone  else  to  use.  Other  people  who  want  a  Credit Account 
should apply separately.
Your Responsibility for Authorized Users: If another person is 
given access to your Credit Account with your express or implied 
permission, notwithstanding the provision above, that person is 
an Authorized User, even if we did not issue an additional Card 
in the Authorized User’s name. At your request, and if we agree, 
we may issue an additional Card in the name of an Authorized 
User with your Credit Account number.
You  will  be  responsible  for  all  charges,  Cash  Advances, 
INTEREST  CHARGES,  Purchases  and  fees  incurred  by  any 
Authorized User. We are not required to try to obtain payment 
from any Authorized User before requiring payment from you. 
If  you  wish  to  remove  an  Authorized  User  from  your  Credit 
Account you must contact us either by telephone or in writing. 
You will still be responsible for payment of all Purchases, Cash 
Advances, INTEREST CHARGES and fees incurred or obtained 
by  the  Authorized  User.  We  may  close  your  existing  Credit 
Account  and  issue  you  a  new  Card  and  account  number. You 
and  each  Authorized  User  agree  that  we  may  report  account 
information  to  Consumer  Reporting Agencies  in  the  names  of 
both you and the Authorized User.
Lost or Stolen Cards: To protect your rights, you must notify us 
immediately at 1-800-987-5521 if your Card is lost or stolen or if 
you suspect that it has been used or may be used without your 

permission. If your Card is reported as lost or stolen or you are 
claiming  unauthorized  use  of  your  Credit Account  or  Card,  we 
may require you to file one or more reports with the appropriate 
law enforcement agencies and us prior to our removal of possible 
unauthorized  charges  made  against  your  Credit Account.  You 
will  not  be  liable  for  unauthorized  use  of  your  Card.  Certain 
exceptions apply and you may be liable for up to $50.00.
Refusal  to Accept Your  Card:  We  are  not  responsible  if  any 
person  or  merchant  does  not  accept  your  Card,  or  if  an ATM 
or other device fails to properly operate. All transactions, even 
when you get a receipt, are subject to our final verification.
Cards Are Our Property: You agree to return each Card issued 
on your Credit Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your  Promise  To  Pay:  You  agree  to  pay  us  for  all  charges, 
Cash  Advances,  INTEREST  CHARGES,  Purchases  and  fees 
incurred  on  your  Credit Account  by  you,  or  by  any Authorized 
User,  as  well  as  any  other  fees  imposed  by  us,  as  explained 
in this Contract. If more than one person requests, accepts or 
uses the Credit Account, each and every person individually and 
jointly  are  responsible  for  payment  until  the  account  is  paid  in 
full.
Joint Account  Holders:  If  this  is  a  joint  Credit Account,  each 
person  who  signed  the  application:  (1)  may  obtain  Purchases 
and Cash Advances not to exceed the total credit limit; (2) will 
be responsible for paying all amounts owed; and (3) can close 
the Credit Account.
Accessing Your Credit Line: You can use the Card and your 
Credit Account to make Purchases and obtain Cash Advances. 
Upon your request, you may be assigned a Personal Identification 
Number (PIN). If a PIN is assigned to you, you can obtain a Cash 
Advance at any authorized ATM by using the Card and PIN.
Understanding  Your  Credit  Limit:  Your  “Credit  Limit”  is  the 
maximum  amount  of  credit  we  have  approved  for  your  Credit 
Account. The amount of your Credit Limit is printed on the card 
carrier  containing  your  Card  and  on  your  Statements.  Your 
balance  may  not  exceed  your  Credit  Limit  at  any  time. At  our 
sole discretion, we may honor Purchases or Cash Advances in 
excess  of your  Credit  Limit  without  raising  your  Credit  Limit. If 
we  do,  we  may  require  you  to  pay  us  any  amount  over  your 
Credit  Limit  immediately.  Decisions  on  Credit  Limit  increases 
may be based on your performance under this Credit Account 
and other Related Credit Accounts you have with us and other 
credit  criteria.  If  we  have  previously  allowed  your  balance  to 
exceed  your  Credit  Limit,  it  does  not  mean  that  we  will  permit 
your balance to exceed your Credit Limit again. We reserve the 
right to approve or deny authorizations or transactions from any 
merchant at our sole discretion.
Obtaining Cash Advances: You may take Cash Advances on 
your Credit Account in any of the following ways: By presenting 
the Card to us or any other participating MasterCard® or Visa® 
financial  institution  to  obtain  cash,  by  using  the  Card  at  an 
authorized  merchant,  other  non-bank  entity,  or  an  Automated 
Teller  Machine  (ATM)  or  other  device  to  obtain  cash  or  cash 
equivalent,  or  to  make  a  transfer  from  your  Credit Account  to 
any other deposit or loan account. Even if you use your Credit 
Account to obtain cash from a non-bank entity, the transaction 
will be described as a Bank Cash Advance.
You  may  not  take  Cash  Advances  in  excess  of  $500.00  per 
day.  The  minimum  Cash  Advance  per  transaction  is  $20.00. 
For  Credit  Accounts  opened  on  or  after  June  1,  2003,  your 
initial  Cash Advance  limit  will  be  10%  of  your  assigned  Credit 
Limit. Once your Credit Account has been open and active for 
a minimum of 90 days, has two consecutive months of current 
payment  history,  is  not  currently  delinquent  and  no  payments 
have  been  returned  for  the  past  60  days,  your  Cash Advance 
availability  may  be  increased  to  50%  of  the  assigned  Credit 
Limit. For example, if your Credit Limit is $250.00, your beginning 

Cash Advance limit will be $25.00 and may increase to $125.00 
once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND
COMMUNICATIONS FROM US
Where We Send Statements: We will send Statements and any 
other notices to you at the address shown in our files. If this is 
a joint Credit Account, we can send Statements and notices to 
either of you. You agree to notify us promptly of any change in your 
address. We may accept address changes or corrections from 
the United States Postal Service. We may also mail Statements 
and other communications to you at any address we determine 
to be an address at which you can receive mail. If you elect to 
receive Statements and other communications electronically, we 
may  send  those  Statements  and  communications  as  directed 
by you.
When  You  Receive  Your  Statements:  We  will  send  you  a 
Statement at the end of each monthly Billing Cycle in which your 
Credit Account has a debit or credit balance of more than $1.00, 
if an INTEREST CHARGE has been imposed or if other account 
activity  has  occurred.  Your  Statements  will  arrive  around  the 
same time each month, however we reserve the right to change 
the date of your Billing Cycle at any time.
Understanding Your  Statement:  The  Statements  we  send  to 
you will reflect the activity and our INTEREST CHARGES and 
other charges, costs and fees on your Credit Account during the 
Billing  Cycle. They  will  also  show  your Total  Minimum Amount 
Due and Payment Due Date, which is the date by which we must 
receive  payment. The  information  contained  on  the  Statement 
will  be  deemed  to  be  correct  unless  you  advise  us  in  writing 
of any error within 60 days of the date on which we send your 
Statement. If there are more than one of you living at different 
addresses,  we  will  send  the  Statements  only  to  the  person 
named as the “Applicant” in your application.
Your  Consent  for  Calls  and/or  Text  Messages  to  Your 
Cellular Phone: If we collect your cellular phone number from 
you, from another source, or as a result of receiving a cellular 
phone call from you, you expressly consent to accept from us, 
our affiliates or any third party acting on our behalf:
(1)  Calls  or  text  messages  for  collection  purposes  or  for  other 
account-related purposes, such as to process your application.
(2) Calls or text messages that we initiate to your cellular phone 
number  made  or  transmitted  using  any  automatic  telephone 
dialing system and/or containing prerecorded messages.
You agree you will be responsible for any fees or charges you 
incur  as  a  result  of  incoming  calls  or  text  messages  from  us, 
from our affiliates or from any third party acting on behalf of us 
or our affiliates.
E-mail: By providing us with your e-mail address, you consent to 
receive correspondence electronically from us and our affiliates 
and service providers. You agree that we may communicate with 
you by e-mail for any lawful reason.
Other  Communication  Devices:  If  you  provide  us  with  any 
other form of electronic communication mechanism, you agree 
that we may communicate with you by that mechanism for any 
lawful reason.

ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on 
your Credit Account. Refer to the Minimum Payment provisions 
in the Account Opening Disclosures printed on the card carrier 
containing  your  Card  for  more  detailed  information.  Payments 
made  in  any  Billing  Cycle  that  are  greater  than  the  Total 
Minimum Amount Due will not affect your obligation to make the 
next  minimum  monthly  payment.  Each  month  your  Statement 
shows a New Balance you must pay the Total Minimum Amount 
Due.  Generally,  credits  to  your  Credit Account,  such  as  those 
generated by merchants, are not treated as payments on your 
Credit Account and will not reduce your Total Minimum Amount 
Due. You have until the Payment Due Date shown on the front of 

your Statement, which is not less than 27 days from the Closing 
Date, to pay the Total Minimum Amount Due.
Applying  Your  Payments:  We  will  apply  payments 
to 
balances  subject  to  higher  INTEREST  CHARGES  and  other 
charges before applying payments to balances subject to lower 
INTEREST CHARGES and other charges.  We may apply your 
payments  to  principal  amounts,  Cash  Advances,  INTEREST 
CHARGES,  other  charges  and  other  amounts  in  any  order  in 
our discretion, and may change the order of the application of 
payments from time to time at our discretion.
Availability  of  Credit:  Available  credit  created  as  a  result  of 
payments  posted  to  your  Credit Account  may  not  be  available 
for  up  to  20  days,  or  even  longer  if  circumstances  warrant  an 
additional hold, or if we deem ourselves at risk for any reason. 
Your  available  credit  may  be  limited,  from  time  to  time,  if  you 
provide your Credit Account number or Card to a merchant that 
processes advance authorizations, such as hotels, motels and 
car rental. Such an authorization may limit your ability to make 
Purchases and take Cash Advances on your Credit Account until 
the authorization is canceled by the merchant and your available 
credit is released.
Electronic Check Presentment: When you send us a personal 
check,  you  authorize  us  to  either  use  information  from  your 
check to make a one-time electronic transfer from your account, 
or to process the payment as a check transaction. If your check 
is  processed  electronically,  your  canceled  check  will  not  be 
returned  to  you  by  your  financial  institution.  We  will  retain  an 
image of your electronically processed check(s) as required by 
law. If requested prior to the time we are allowed by law to destroy 
electronically processed checks, we will provide you with a copy 
of  your  electronically  processed  check(s)  upon  your  request. 
Funds may be withdrawn from your bank account as soon as the 
day your payment is received. We agree to accept your checking 
account statement as proof of payment. The description on your 
checking  account  statement  will  read:  PREMIER  CR  CARD 
CHECK-PAYMT,  serial  number  of  the  check,  amount  of  the 
payment and date of the transaction. If you choose to opt out of 
electronic check presentment, please call our Customer Service 
Department at 1-800-987-5521.
Late  Payments:  We  may  accept  late  payments  or  partial 
payments or checks and money orders marked “payment in full” 
without waiving any of our rights under this Contract.

DEFAULT PROVISIONS
Events of Default: You will be in default of this Contract if any of 
the following occur on this or any Related Credit Account:

•	 You do not pay at least the Total Minimum Amount Due on 
your Credit Account on or before the Payment Due Date.

•	 You die or become legally incompetent. 
•	 You become insolvent or bankrupt. 
•	 You exceed or attempt to exceed your Credit Limit.
•	 You  provide  us  with  or  have  provided  us  with  false  or 

misleading information or signatures at any time. 

•	 You fail to comply with this Contract.
•	 You  fail  to  make  any  payment  or  perform  any  promise  in 

any agreement or obligation you have with us. 

•	 Any  judgment,  lien,  attachment  or  execution  is  issued 

against you or your property. 

•	 You request an excessive number of replacement Cards.
•	 We reasonably believe that you will not pay amounts owed 

to us for any reason.

If You Are In Default: Upon your default of this Contract, we will 
have all remedies provided by law including, without limitation, 
and without prior notice or demand, the right to:

•	 Deny use of your Credit Account.
•	 Close or refuse to renew your Credit Account.
•	 Demand the return of your Card(s).
•	 Declare your entire balance immediately due and payable.
•	 Initiate collection activity.
•	 Not replace your Card(s).

Collection Costs: To the extent permitted by law, you must pay 
all  court  and  collection  costs,  including  reasonable  attorneys’ 
fees,  the  costs  of  placing  your  Credit Account  in  the  Warning 
Bulletin and the costs of confiscating your Card, that we incur as 
a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We  May  Suspend  or  Close  Your  Credit  Account:  We  may 
suspend  your  Credit Account  privileges  or  permanently  cancel 
and close your Credit Account at any time, for any reason.
You  May  Close  Your  Credit  Account:  You  may  cancel  your 
Credit Account  at  any  time  by  notifying  us  by  telephone  or  in 
writing.  Even  after  your  Credit  Account  is  closed,  you  remain 
responsible  for  paying  any  amounts  you  owe  on  the  Credit 
Account according to the terms of this Contract. If this is a joint 
Credit Account, either of you may request that the Credit Account 
be closed and we will honor that request. 
Non Use Inactivity Closure:  If you have never made a payment 
or  used  your  Credit Account  for  a  purchase  or  cash  advance, 
your  Credit Account  will  be  automatically  closed,  and  all  fees 
posted to your Credit Account will be reversed, when your Credit 
Account becomes 80 days delinquent (75 days from the initial 
Statement Closing Date if you are a resident of the State of New 
York).
Refund  Disclosure:  We  will  refund  your  Processing  Fee  and 
initial  fees  (those  fees  that  are  billed  at  the  time  of  account 
opening) if (1) you have not used your Card for a Purchase or 
Cash Advance; and (2) you notify us within 30 days of opening 
your Credit Account (by paying the Processing Fee in full) that 
you wish to close your Credit Account. We will refund any partial 
payment of the Processing Fee if you do not open your Credit 
Account  within  85  days  of  approval.  We  will  refund  any  Credit 
Limit Increase Fee charged to your Credit Account if you notify 
us, within 30 days of the date of the Periodic Statement on which 
it appears, that you do not wish to have the credit limit increase. 
This will result in a reversal of the credit limit increase. Except as 
described in this paragraph, these fees are non-refundable.

OTHER TERMS AND CONDITIONS
Severability:  If  any  provision  of  this  Contract  is  invalid  or 
unenforceable, it shall not affect the validity or enforceability of 
any other provision of this Contract. 
Changing  This  Contract:  We  may  change  this  Contract 
from  time  to  time.  For  example,  we  may  change  your  Credit 
Account number or the Minimum Payment, add new INTEREST 
CHARGES or fees, change the ANNUAL PERCENTAGE RATE 
or  change  the  method  of  computing  the  balance  upon  which 
we  impose  INTEREST  CHARGES.  We  may  also  make  other 
changes. We will notify you in writing of any change if required 
by law. Contract changes will apply to amounts you owe at the 
time  the  change  is  effective  and  to  new  transactions  on  your 
Credit Account, unless otherwise required by law.
Information Sharing: The following describes your agreement 
with  us  with  respect  to  information  sharing.  By  requesting, 
obtaining or using a Credit Account from us you agree that we 
may release information in our records regarding you and your 
Credit Account:

•	 To  comply  with  any  properly  served  subpoena  or  similar 

request issued by a state or federal agency or court.

•	 To share your credit performance with Consumer Reporting 
Agencies  and  other  creditors  who  we  reasonably  believe 
are  or  may  be  doing  business  with  you  on  your  Credit 
Account. 

•	 To provide information on your Credit Account to any third 
party who we believe is conducting an inquiry in accordance 
with the Federal Fair Credit Reporting Act.

•	 To  share  information  with  our  employees,  agents  or 
representatives performing work for us in connection with 
your Credit Account.

•	 To  communicate  information  as  to  our  transactions  or 
experiences  with  you  to  persons  or  entities  related  by 

common ownership or affiliated by corporate control or with 
any third party (including non-affiliates).

We  may  also  share  information  such  as:  (1)  information 
other  than  our  own  transactions  with  you  with  persons 
or  entities  related  to  the  Bank  by  common  ownership  or 
corporate control; or (2) information on your Credit Account 
with  certain  companies  to  provide  or  offer  you  selected 
products, services or cardholder benefits. You may direct us 
not to share one or both of these. If this is your request call 1-800-
987-5521  or  notify  us  in  writing  at  First  PREMIER  Bank,  P.O. 
Box 5528, Sioux Falls, SD 57117-5528. Be sure to include your 
name,  address  and  Credit  Account  number.  You  may  receive 
a copy of our information on your Credit Account by writing or 
calling us at the address or telephone number listed above. By 
requesting  or  obtaining  a  Credit Account,  you  authorize  us  to 
check your credit history. You authorize your employer, bank and 
any other references listed to release and/or verify information 
to  us  and  our  affiliates  in  order  to  determine  your  eligibility  for 
the Credit Account and any renewal or future extension of credit. 
If you ask, you will be told whether or not consumer reports on 
you were requested and the names of the Consumer Reporting 
Agencies, with their addresses, that provided the reports. If you 
designate an Authorized User to use your Card, you understand 
that  account  information  may  also  be  reported  to  Consumer 
Reporting Agencies in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have 
against you, we do not intend to waive that right. We can exercise 
it against you in the future.
Binding  Effect  Upon  Death  or  Incompetency:  If  we  pay  a 
merchant for a Purchase or post a Cash Advance to your Credit 
Account before we receive actual written notice of your death or 
incompetence, or if we pay a merchant for a Purchase made by 
you or post a Cash Advance taken by you prior to your death or 
incompetence, that transaction will be a valid and binding Credit 
Account  obligation  upon  you,  your  estate  and  your  personal 
representatives.
Our  Liability  To  You:  We  have  no  liability  to  you,  other  than 
as placed on us by law. We will meet our duty to care for your 
Credit  Account(s)  under  reasonable  banking  procedures.  Our 
mere  clerical  error  or  honest  mistake  will  not  be  considered  a 
failure to perform any of our obligations.
Transactions in Foreign Currencies: If you make a transaction 
in a foreign currency, it will be converted into U.S. dollars, and 
you  agree  to  accept  the  converted  amount.  Visa  USA,  Inc.  or 
MasterCard  International,  Inc.  will  use  its  currency  conversion 
procedures  in  effect  when  processing  the  transaction.  The 
currency  conversion  rate  will  be  a  rate  selected  by  Visa  or 
MasterCard, as applicable, from the range of rates available in 
wholesale currency markets for the applicable central processing 
date,  which  rate  may  vary  from  the  rate  Visa  or  MasterCard 
itself  receives,  or  the  government-mandated  rate  in  effect  for 
the  applicable  central  processing  date,  in  each  instance,  plus 
a  foreign  currency  transaction  fee  in  the  amount  disclosed  on 
your Account  Opening  Disclosures  printed  on  the  card  carrier 
containing your Card. This fee will be paid to us and applied to all 
transactions posted to your Credit Account in a foreign currency, 
including all Purchase transactions, Cash Advance transactions, 
ATM  transactions  and  returns  and  adjustments  (e.g.,  for 
returned  merchandise). The  currency  conversion  rate  used  on 
the processing date may be different than the rate that was in 
effect on the date you conducted the transaction. We do not set 
the currency conversion rate, and we do not receive any portion 
of it. We do, however, receive a foreign currency transaction fee 
as  disclosed  on  your Account  Opening  Disclosures  printed  on 
the card carrier containing your card.
Prohibition  on  Gambling  and  Illegal  Transactions:  Your 
Card  and  Credit Account  may  not  be  used  in  connection  with 
any  gambling  transaction  (whether  legal  or  illegal). Also,  your 
Card and Credit Account may be used only for valid and lawful 
purposes. If you use, or allow someone else to use your Card