CARDHOLDER AGREEMENT
M-112554
September 1, 2014
This CARDHOLDER AGREEMENT ("Agreement") and the Account-Opening
received after 5:00PM CT or on a non-business day (Saturday/Sunday/Holiday) will
Disclosure accompanying this Agreement contain the credit and payment terms and
be credited to your Account on the next business day.
conditions for the credit card ("Card") issued to you by Fifth Third Bank, Cincinnati,
OH. It replaces any previous terms provided to you for your Card. Please note that
3. CREDIT LIMIT.
some terms vary depending on the Card type and on the issuing financial institution
Your credit limit is stated on the Card carrier you received with the Card and will be
and those terms are controlled by the Account-Opening Disclosure. In this Agreement,
disclosed on your Periodic Statement. The total amount of all Cash Advances on your
the words "you" and "your" refer to the person or entity that signs the application
Account may be limited by a cash advance limit, which may be smaller than the total
or on whose behalf the application is signed. The words "we," "us" and "our"
credit limit on your Account. We may increase or decrease your credit limit and/or
refer to Fifth Third Bank and its successors and assigns.
cash advance limit anytime, and will provide notice to you if required by applicable
law. You may contact US if you would like US to consider increasing your credit limit.
You will be deemed to have accepted the Card and the terms and conditions of this
Agreement if you sign the back of the Card or use the Card.
Write US at CARD CENTER, PO BOX 495933, CINCINNATI, OH
45249-5933 or call US at 877-881-6018. We will make that decision based
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND
on your credit and payment history.
KEEP THEM FOR FUTURE REFERENCE.
We may permit you to use your Account for more than your credit limit, but we are
1. USING YOUR CARD.
not required to do SO. You will still be responsible for paying US the amount over your
You may use your Card to obtain goods or services from merchants everywhere it is
credit limit without limiting any of our rights under this Agreement. We may also
accepted (each a "Purchase"). You may use your Card only for personal, family or
suspend your Account privileges or cancel your Account as described below.
household purposes. You may also have outstanding balances owed on other credit
cards transferred to your Card (each a "Balance Transfer"). A transaction fee
4. PERIODIC STATEMENT.
may be assessed on Balance Transfers. If you are assessed a transaction fee, it will
Each month that there is an outstanding balance on your Account, we will send
be added to other amounts which are subject to an INTEREST CHARGE, as described
you a Periodic Statement as of the closing date of your billing cycle. Purchases,
below, in the same manner as Purchases.
Balance Transfers, Cash Advances, payments, INTEREST CHARGES and other fees and
charges, and any adjustments or credits posted to your Account since the closing date
You may also use your Card to obtain a loan from your Account by presenting it to
of your previous statement will appear on your Periodic Statement. You must pay at
any institution that accepts the Card for that purpose or you may use your Card to
least the Minimum Payment Due by the Payment Due Date shown on the statement.
make a withdrawal of cash at an automated teller machine (ATM). Each of these
The Payment Due Date is the same day of each month, at least 25 days after the
transactions is treated as a "Cash Advance" on your Account. We may in our
closing date of the billing cycle appearing on the Periodic Statement.
discretion consider certain transactions to be the equivalent of Cash Advances, and
we reserve the right to treat them as Cash Advances under this Agreement. Those
Payments and credits will be applied on your Account in the following order: First,
transactions may include: using the Card or Account to purchase wire transfers,
your Minimum Payment Due will be applied at our discretion; Second, any other
money orders, money orders that are not issued by a financial institution or are not in
amounts you paid will be applied to the Card balance with the highest Interest Rate
U.S. currency, traveler's or convenience checks, casino gaming chips, lottery tickets,
and then to balances at successively lower rates.
off-track betting, wagers at race tracks, and tax payments. A transaction fee may be
You may view your transactions on your Card periodically at
assessed on transactions considered Cash Advances. If you are assessed a transaction
www.monogemycreditord.com.
fee or an access fee or surcharge at an ATM to perform a Cash Advance with your
Card, these fees will be added to other amounts which are subject to an INTEREST
5. MINIMUM PAYMENT DUE.
CHARGE, as described below, in the same manner as Cash Advances.
You may pay all or any part of your outstanding balance at any time. However, you
must pay at least the Minimum Payment Due by the Payment Due Date reflected on
We are not responsible if anyone refuses to honor the Card or for any failure
each Periodic Statement, even if you paid more than the Minimum Payment Due in
of an ATM to process a Cash Advance request. We will have no responsibility for
any previous month. In all cases, the Minimum Payment Due will be rounded to the
merchandise or services purchased with the Card, unless purchased from US.
next highest whole dollar amount and reflected as such on each Periodic Statement.
2. PROMISE TO PAY.
Any past due amount and/or any amount exceeding your credit limit may be
In return for our extending credit to you on this Account from time to time, you
included in the Minimum Payment Due.
promise to pay US in U.S. dollars the total amount of all Purchases, Balance Transfers,
6. INTEREST CHARGES.
Cash Advances, INTEREST CHARGES, and other fees or charges that may be due
We will impose an INTEREST CHARGE on each balance within each Account type
as shown on your Periodic Statement. If you pay in other than U.S. dollars, except
where prohibited by applicable law, we may refuse to accept the payment or we
(Purchases, including Balance Transfers, and Cash Advances) by applying a Monthly
may charge your Account the costs to convert your payment to U.S. dollars. Payment
Periodic Rate (MPR) to the "Average Daily Balance" (which is shown on
by check must be drawn on funds on deposit in the U.S. To the extent permitted
your Periodic Statement as the "Balance Subject to Interest Rate") and by assessing
certain fees which are explained below. We may charge interest at different rates for
by applicable law, we can accept late payments, partial payments, or checks and
our two types of Account transactions: Purchases (including Balance Transfers) and
money orders marked "Payment in Full" without losing any of our rights under this
Cash Advances. The MPR and the Interest Rate, expressed as an Annual Percentage
Agreement, and you agree to our reservation of rights under such circumstances.
Rate (APR), will appear on the Account-Opening Disclosure.
Payments received by 5:00PM CT at the address shown on the Periodic Statement
on a business day will be credited to your Account on the date received. Payments
PURCHASES AND BALANCE TRANSFERS. An INTEREST CHARGE will be imposed on
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Purchases, including current transactions and including Balance Transfers, if you did
7. AUTHORIZATION FOR ELECTRONIC DEBIT.
not pay in full the Previous Balance as shown on your current Periodic Statement
When you provide a check for payment, you authorize US to use information from
by the Payment Due Date. No INTEREST CHARGE will be imposed on Purchases and
your check to make an electronic fund transfer from your checking account or to
Balance Transfers in the next billing cycle if you pay in full the New Balance by the
process the payment as a check transaction. If we process your check electronically,
Payment Due Date as shown on your current Periodic Statement. If imposed, all
funds may be withdrawn from your bank account as soon as the same day we
INTEREST CHARGES are computed for current transactions from the date of posting.
receive your check.
We figure the INTEREST CHARGE on the Purchases and Balance Transfers on your
Account by applying the Purchase Interest Rate to the Average Daily Balance of
8. LOST OR STOLEN CARDS.
Purchases and Balance Transfers on your Account (including current transactions).
If you notice the loss or theft of your Card or a possible unauthorized use of
your Card, you should write to US immediately at: CARD CENTER, PO Box
CASH ADVANCES. An INTEREST CHARGE is imposed on all Cash Advances, including
495933, Cincinnati, OH 45249-5933 or call US at 877-881-6018.
You
current transactions, from the posting date of each Cash Advance transaction. There
will not be liable for any unauthorized use that occurs after you notify US. You may,
is no grace period for payment of Cash Advances. The INTEREST CHARGE is imposed
however, be liable for unauthorized use that occurs before your notice to US. In any
as long as any Cash Advance remains unpaid. We figure the INTEREST CHARGE on
case, your liability will not exceed $50.
the Cash Advances on your Account by applying the Cash Advance Interest Rate
to the Average Daily Balance of Cash Advances on your Account (including current
You may authorize others to use your Account. You promise to pay for all Purchases,
transactions).
Balance Transfers and Cash Advances made by anyone you authorize to use your
Account with or without a Card, whether or not you notify US that he or she will be
AVERAGE DAILY BALANCE. To get the "Average Daily Balance" we take the beginning
using the Account and whether or not he or she exceeds any limits imposed by you
balance of your Account type each day, add any new transactions made that day
on his or her use of the Card. If another person has use of your Account and you
and any debit adjustments, then subtract any payments or credits. This gives US
want to end that person's privilege, you must notify US in writing. In order to avoid
the daily balance. Then, we add up all the daily balances for the billing cycle and
unauthorized use, you should recover and return to US cut in half, any Card in that
divide the total by the number of days in the billing cycle. This gives US the "Average
person's possession.
Daily Balance", including current transactions. We make this calculation separately
for Purchases (including Balance Transfers) and for Cash Advances. There will be
Under Visa's zero liability policy: you must reasonably demonstrate that you
a Minimum INTEREST CHARGE of $.50 in any billing cycle in which the INTEREST
exercised reasonable care in safeguarding your Card from risk of loss and theft; your
CHARGE resulting from application of the MPR would be less than $.50.
Card must be in good standing (e.g., not presently or recently overdrawn, and not
presently or recently under suspicion of possible illegal or suspicious use); and we
INTEREST RATE. For the first six (6) months after the Card is issued, there may be
cannot have received more than one other report of unauthorized use of your Card in
an introductory Interest Rate for Purchases and Balance Transfers as shown on the
the last 12 months.
Account-Opening Disclosure. After six (6) months, the Interest Rate for Purchases
and Balance Transfers changes to a fixed or variable rate as described below and as
Under MasterCard's zero liability policy: you must reasonably demonstrate that you
shown on the Account-Opening Disclosure. There is no introductory Interest Rate for
exercised reasonable care in safeguarding your Card from risk of loss and theft; your
Cash Advances.
Card must be in good standing (e.g., not presently or recently overdrawn, and not
presently or recently under suspicion of possible illegal or suspicious use); and we
If your Account has a fixed Interest Rate, it will be shown as such on the Account-
cannot have received two or more reports of unauthorized use of your Card in the last
Opening Disclosure. If it has a variable Interest Rate, that is determined by adding
12 months. This policy will not apply if a PIN was used as the Cardholder verification
a margin to the highest Prime Rate reported in the Money Rates Section of the
method for unauthorized transactions.
Midwest Edition of the Wall Street Journal (WSJ) on the date provided on the
Account-Opening Disclosure. Depending on your Card, these adjustments may be
.DEFAULT.
monthly or quarterly (January, April, July, and October of each year), semi-annually
We may consider your Account in default if any of the following events occur: (a)
or annually. The margins we apply are disclosed in the Account-Opening Disclosure
you fail to make a required payment when due or when delinquent as determined
provided to you with your Card. The margins are generally lower for Purchases and
by applicable state law; (b) you use this Account or Card in excess of the credit
Balance Transfers than for Cash Advances.
limit; (c) you make any material representation to induce US to extend credit which
proves untrue; (d) you breach any of the terms of this Agreement; or (e) your death,
If the Prime Rate increases, the MPR and corresponding APR will increase accordingly
incompetence, bankruptcy, insolvency, fraud or misrepresentation. To the extent not
on variable rate Cards, or, if the Prime Rate decreases, the MPR and corresponding
prohibited by law, if you are in default, you will pay our collection costs, attorney
APR will decrease accordingly. Any such increase or decrease will take effect at
fees, court costs and all other expenses of enforcing our rights under this Agreement.
the start of the full Periodic Statement billing cycle during which the rate change
If we determine that an event of default has occurred, we shall have such rights and
occurred. Any balance outstanding prior to the current cycle is subject to the rate in
remedies as are available to a creditor under any applicable federal or state law,
effect when the interest is calculated. An increase in the APR will result in increased
including but not limited to the right to close your Account, revoke the privileges
INTEREST CHARGES. The increase may result in an increase to your Minimum
attaching to any or all cards, accelerate payment and demand the total outstanding
Payment Due.
balance to be paid. We do not have to notify you or demand payment to take these
actions, unless applicable law requires that we give notice of a right to cure your
COMPOUNDING INTEREST. To the extent permitted by applicable state law, on a
default.
monthly basis, unpaid INTEREST CHARGES will be compounded and unpaid INTEREST
CHARGES and other unpaid charges will be consolidated into your Account balance.
10. AMENDMENTS AND CHANGE IN TERMS.
In this way, unpaid INTEREST CHARGES and other unpaid charges from prior billing
We have the right to change the terms of this Agreement from time to time. We have
cycles will be subject to and included in, the calculation of the new
the right to apply the new terms to the outstanding balance of your Account as of the
INTEREST CHARGES.
effective date of the change, to the extent permitted by applicable law. We will give
you 60 days' advance written notice of changes and the right to reject those changes
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as
required by applicable law. If we notify you that you have the right to reject a
your Account on your initial application form, premiums will be applied to your account
change and you exercise that right, we may require that you return all Cards to US
monthly. We reserve the right to alter the terms and/or carrier for credit life insurance,
and we will permit you to repay the outstanding balance of your Account under
subject to any notification required by applicable federal or state law.
the terms of your Agreement that were in effect when we gave you notice of the
change.
15. CREDIT INFORMATION.
We may investigate your credit record in connection with your application for credit.
11. ANNUAL FEE.
We may examine your credit record in association with any update, renewal,
An Annual Fee may be charged to your Account for the privilege of having the Card
extension, change in credit limit, and collection action of the Account. Upon your
as shown on the Account-Opening Disclosure. Any such charge would be subject to
request, we will advise you if we obtained a credit report and we will give you the
an INTEREST CHARGE in the same manner as Purchases. The Annual Membership
credit bureau's name and address.
Fee is payable whether or not you use the Card.
You agree that we may release information in our records regarding you and your
12. SERVICE FEES.
Account in order to comply with any properly served subpoena or similar request
We may charge you a reasonable charge for photocopies and reprints of Account
issued by any state or federal agency or court. Furthermore, we may share our credit
and transaction documents which you may request and for other special services as
experience on your Account with credit reporting agencies and other creditors who
allowed by law. We may assess a charge not to exceed $20 per hour, or for any
we reasonably believe are doing business with you. You agree that we may provide
portion thereof, for research performed on your account per your request, whether
Account information to any third party who we reasonably believe is conducting an
performed by US or our service provider. Any such charge would be subject to an
inquiry in accordance with the Federal Fair Credit Reporting Act and/or applicable
INTEREST CHARGE in the same manner as Purchases.
state law.
13. CURRENCY CONVERSION RATE.
If you fail to fulfill the terms of your credit obligations under this Agreement, you
When making Purchases, including Balance Transfers, receiving Cash Advances,
understand that a negative credit report reflecting on your credit record may be
or making payments in foreign currency, the exchange rate will be the rate of the
submitted to a credit reporting agency. If you believe we are inaccurately reporting
processing bank on the day it is processed by them, and this exchange rate may
information related to this Account to the credit bureau, you may notify US by writing
not necessarily be the same rate quoted to you by the merchant on the date of
to CARD CENTER, PO Box 495933, Cincinnati, OH 45249-5933.
Purchase. Your Periodic Statement will reflect the exchange rate applied.
16. CARDHOLDER LIABILTY.
14. OVER LIMIT, RETURNED CHECK, LATE PAYMENT, AND
All persons who use the Card are individually and together responsible for any
OTHER FEES.
outstanding balance. If two or more persons are responsible to pay for any
The following fees may be assessed as specified below. The amounts are disclosed
outstanding balance, we may refuse to release any of them from liability until all of
in the Account-Opening Disclosure provided to you with your Card. If any such fee is
the unexpired Cards outstanding under the Account have been returned to US and the
imposed, the unpaid amount may be subject to an INTEREST CHARGE in the same
outstanding balance has been paid in full. Even though the Card and your Account
manner as Purchases.
are revoked or terminated, you agree that your obligations and our rights under this
Agreement will remain in effect until all balances on your Account incurred before
OVER LIMIT. If we notify you that you have the right to opt-in to have US cover your
or after revocation or termination are paid in full. You may cancel your Account by
transactions that exceed your credit limit and you tell US that you are opting-in in
notifying US in writing at CARD CENTER, PO Box 495933, Cincinnati, OH
accordance with our opt-in instructions, we may charge you an Over Limit fee, if
45249-5933 and returning every Card to US cut in half. You will still be responsible
shown on the Account-Opening Disclosure or a later notice that we give you. You
to pay any amount you owe US according to the terms of the Agreement.
owe this fee even if we authorize the transaction which causes your Account to
exceed its credit limit. Any Over Limit Fee, and the amount exceeding your credit
17. GOVERNING LAW.
limit, will be added to your Account balance, and the amount exceeding your credit
Unless otherwise stated, all transactions are final only when accepted by US.
limit may be added to the Minimum Payment Due for the current billing cycle. Any
Transactions and this Agreement are and shall be construed as contracts subject
Over Limit Fee we charge will only be imposed once per billing cycle and, if your
to applicable federal law and the laws of the state of Ohio, where our main
Account remains over the credit limit, once in each of only 2 subsequent billing
office is located.
cycles, unless you have obtained an additional extension of credit in excess of your
credit limit, in which event, similar fees may be imposed.
18. BILLING ERRORS.
You agree to accept Periodic Statements that we mail you as being correct unless you
RETURNED CHECK. We will charge you a Returned Check Fee each time you pay US
notify US in writing of alleged errors within the time prescribed by law. Your rights
with a check that is returned unpaid. This fee will also apply if a debit transaction
to dispute billing errors are set forth following this Agreement. If you have notified
to a deposit account from which you have authorized US in writing to periodically
US that an amount is in dispute in accordance with the procedures that follow this
deduct all or a part of an amount you owe US under this Agreement is
Agreement, you need not pay that amount until the dispute is resolved. However, you
returned unpaid.
must pay at least the required Minimum Payment Due unless the entire statement
balance is in dispute.
LATE PAYMENT. For any Minimum Payment Due that is not paid by the Payment
Due Date shown on your Periodic Statement, or not paid by the end of a grace
19. PREAUTHORIZED PAYMENTS ON ACCOUNT.
period shown on your Periodic Statement as may be required by applicable law,
When you completed your credit card application with US, you may have authorized
you may be charged, and you agree to pay US, a Late Payment Fee, which will be
US to perform pre-authorized transfers from a checking or savings account maintained
added to your Account balance. You will not be charged a penalty
by you to make periodic payments to your Account. Your written authorization would
INTEREST CHARGE.
have indicated whether a checking or savings account should be used for making such
automatic payments. As you authorized, we will generate an automatic payment on
OTHER FEES. We may assess a fee if you request a replacement card as shown on
the payment due date or the Friday before the payment due date if that date is a
the Account-Opening Disclosure. If you selected the credit life insurance related to
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Saturday or Sunday from the specified account for: (1) the amount of the unpaid billed
Broadest interpretation. Any questions about whether Claims are
Minimum Payment Due when your Account cycles; (2) the New Balance as shown
subject to arbitration shall be resolved by interpreting this arbitration provision
on the applicable Periodic Statement; or (3) the set amount you designated to be
in the broadest way the law will allow it to be enforced. This arbitration
paid as an automatic payment. Under number 3, you understand that if the Minimum
provision is governed by the Federal Arbitration Act (the "FAA").
Payment Due for any billing cycle is greater than the fixed amount you designated,
the automatic payment amount will be the Minimum Payment Due. You authorize US
What about Claims filed in Small Claims Court? Claims filed
to debit the designated checking or savings account for the Minimum Payment Due
in a small claims court are not subject to arbitration, SO long as the matter
amount rather than the fixed amount under these circumstances. Under number 3,
remains in such court and advances only an individual (non-class,
you also agree that if the designated fixed payment amount is greater than the New
non-representative) Claim.
Balance, the automatic payment amount will be New Balance amount rather than the
How Arbitration Works.
designated fixed amount. In any case, you have the right to stop payment of any pre-
authorized transfer of funds to pay on your Account by notifying US orally or in writing
How does a party initiate arbitration? The party filing arbitration must choose
at least three (3) business days before the scheduled date of the transfer. We may
one of the following arbitration firms and follow its rules and procedures for
require you to provide written confirmation of a stop payment order within 14 days
initiating and pursuing arbitration: American Arbitration Association or JAMS.
of your oral notification. If SO, we will inform you of this requirement and the address
Any arbitration hearing that you attend will be held at a place chosen by
where confirmation must be sent when you provide US with oral notification of a stop
the arbitration firm in the same city as the U.S. District Court closest to your
payment. Any oral stop payment you provide US ceases to be binding after 14 days if
then current billing address, or at some other place to which you and we
you fail to provide the required written confirmation as we may request. The Periodic
agree in writing. You may obtain copies of the current rules of each of the
Statement concerning your Account constitutes written notice to you of the amount of
two arbitration firms and forms and instructions for initiating arbitration by
funds and date of transfer for each such pre-authorized payment on your Account.
contacting them as follows:
20. ARBITRATION.
American Arbitration Association
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES
225 North Michigan Avenue, Suite 2527
THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION
Chicago, IL 60601-7601
REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND
Web site: www.adr.org
THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR
JAMS
JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT
1920 Main Street
PROCEDURES.
Irvine, CA 92614
Web site: www.jamsadr.com
Agreement to Arbitrate. Either you or we may, without the other's consent, elect
mandatory, binding arbitration for any claim, dispute, or controversy between you and
At any time you or we may ask an appropriate court to compel arbitration of
US (called "Claims").
Claims, or to stay the litigation of Claims pending arbitration, even if such Claims
are part of a lawsuit, unless a trial has begun or a final judgment has been entered.
Claims Covered.
Even if a party fails to exercise these rights at any particular time, or in connection
with any particular Claims, that party can still require arbitration at a later time or in
What Claims are subject to arbitration? All Claims relating to your
connection with any other Claims.
Account, a prior related account, or our relationship are subject to arbitration,
including Claims regarding the application, enforceability, or interpretation of this
What procedures and law are applicable in arbitration? A single, neutral
Agreement and this arbitration provision. All Claims are subject to arbitration,
arbitrator will resolve Claims. The arbitrator will be either a lawyer with at
no matter what legal theory they are based on or what remedy (damages,
least 10 years experience or a retired or former judge, selected in accordance
injunctive or declaratory relief) they seek. This includes Claims based on contract,
with the rules of the arbitration firm. The arbitration will follow procedures
tort (including intentional tort), fraud, agency, negligence, statutory or regulatory
and rules of the arbitration firm in effect on the date the arbitration is filed
provisions, or any other sources of law; Claims made as counterclaims, cross
unless those procedures and rules are inconsistent with this Agreement, in
claims, third party claims, interpleaders or otherwise; and Claims made
which case this Agreement will prevail. Those procedures and rules may limit
independently or with other claims. A party who initiates a proceeding in court
the discovery available to you or US. The arbitrator will take reasonable steps
may elect arbitration with respect to any Claim advanced in that proceeding by
to protect customer account information and other confidential information
any other party. Claims and remedies sought as part of a class action, private
if requested to do SO by you or US. The arbitrator will apply applicable
attorney general or other representative action are subject to arbitration on an
substantive law consistent with the FAA and applicable statutes of limitations,
individual (non-class, non-representative) basis, and the arbitrator may award
will honor claims of privilege recognized at law, and will have the power to
relief only on an individual (non-class, non-representative) basis.
award to a party any damages or other relief provided for under applicable
law. You or we may choose to have a hearing and be represented by counsel.
Whose Claims are subject to arbitration? Not only ours and yours, but
The arbitrator will make any award in writing and, if requested by you or
also Claims made by or against anyone connected with US or you or claiming
US, will provide a brief statement of the reasons for the award. An award in
through US or you, such as a co-applicant or authorized user of your account, an
arbitration shall determine the rights and obligations between the named
employee, agent, representative, affiliated company, predecessor or successor,
parties only, and only in respect of the Claims in arbitration, and shall not
heir, assignee, or trustee in bankruptcy.
have any bearing on the rights and obligations of any other person, or on the
What time frame applies to Claims subject to arbitration? Claims
resolution of any other dispute.
arising in the past, present, or future, including Claims arising before the opening
of your account, are subject to arbitration.
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Who pays? Whoever files the arbitration pays the initial filing fee. If we file,
(f) If there is a credit balance on your Account or you make an overpayment
we pay; if you file, you pay, unless you get a fee waiver under the applicable
which creates a credit balance, we will apply it to future amounts owed. If you
rules of the arbitration firm. If you have paid the initial filing fee and you
ask, we will refund any credit balance greater than $1.00, and in any event
prevail, we will reimburse you for that fee. If there is a hearing, we will pay
we will refund any credit balance greater than $1.00 no later than 180 days
any fees of the arbitrator and arbitration firm for the first day of that hearing.
from the date the credit balance was created; and
All other fees will be allocated as provided by the rules of the arbitration firm
and applicable law. However, we will advance or reimburse your fees if the
(g) If you move, you agree to notify US of your new address in writing. Otherwise,
arbitration firm or arbitrator determines there is good reason for requiring US
we may send monthly Periodic Statements and other notices to you at the
to do SO, or if you ask US and we determine there is good reason for doing
address shown for you in our files
SO. Each party will bear the expense of that party's attorneys, experts, and
Information contained in this Agreement is current as of the printing date shown,
witnesses, and other expenses, regardless of which party prevails, but a party
and is subject to change. You may write to US at CARD CENTER, PO Box
may recover any or all expenses from another party if the arbitrator, applying
495933, Cincinnati, OH 45249-5933 for changes since this document was
applicable law, SO determines.
printed.
Who can be a party? Claims must be brought in the name of an
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
individual person or entity and must proceed on an individual (non-class,
non-representative) basis. The arbitrator will not award relief for or against
This notice tells you about your rights and our responsibilities under the Fair Credit
anyone who is not a party. If you or we require arbitration of a Claim, neither
Billing Act.
you, we, nor any other person may pursue the Claim in arbitration as a class
action, private attorney general action or other representative action, nor may
What To Do If You Find a Mistake on Your Statement If you think there
such Claim be pursued on your or our behalf in any litigation in any court.
is an error on your statement, write to US at:
Claims, including assigned Claims, of two or more persons may not be joined
Card Center
or consolidated in the same arbitration. However, applicants, co-applicants,
PO Box 495933
authorized users on a single account and/or related accounts, or corporate
affiliates are here considered as one person.
Cincinnati, OH 45249-5933
When is an arbitration award final? The arbitrator's award is final and binding
In your letter, give US the following information:
on the parties unless a party appeals it in writing to the arbitration firm within
Account information: Your name and account number.
fifteen days of notice of the award. The appeal must request a new arbitration
Dollar amount: The dollar amount of the suspected error.
before a panel of three neutral arbitrators designated by the same arbitration
firm. The panel will consider all factual and legal issues anew, follow the same
Description of problem: If you think there is an error on your bill, describe
rules that apply to a proceeding using a single arbitrator, and make decisions
what you believe is wrong and why you believe it is a mistake.
based on the vote of the majority. Costs will be allocated in the same way they
You must contact US:
are allocated for arbitration before a single arbitrator. An award by a panel
is final and binding on the parties after fifteen days have passed. A final and
Within 60 days after the error appeared on your statement.
binding award is subject to judicial review and enforcement as provided by the
At least 3 business days before an automated payment is scheduled, if you
FAA or other applicable law.
want to stop payment on the amount you think is wrong.
21. MISCELLANEOUS.
You must notify US of any potential errors in writing. You may call US, but if you do
(a) If any provision of the Agreement is determined to be unlawful or
we are not required to investigate any potential errors and you may have to pay the
unenforceable for any reason, the remainder of the Agreement will remain
amount in question.
enforceable;
What Will Happen After We Receive Your Letter. When we receive your
(b) We can choose not to exercise or to delay enforcement of our rights without
letter, we must do two things:
losing any of them;
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.
(c) We may send Account materials (Cards, Periodic Statements and notices)
to any person listed on your Account, and that person will be responsible for
2. Within 90 days of receiving your letter, we must either correct the error or
delivering those materials to the other person authorized to use your Account.
explain to you why we believe the bill is correct.
Notice to any one of you will be considered notice to all of you;
While we investigate whether or not there has been an error:
(d) Cards are issued with an expiration date. We have the right not to renew your
We cannot try to collect the amount in question, or report you as delinquent
Account. Without limiting our rights provided in the section of this Agreement
on that amount.
entitled "Default," we have the right to revoke the privilege attached to
The charge in question may remain on your statement, and we may continue
any or all cards, cancel the Cards and terminate this Agreement as to future
to charge you interest on that amount.
Purchases, Balance Transfers or Cash Advances at any time for any reason,
While you do not have to pay the amount in question, you are responsible for
unless otherwise prohibited by applicable law. All Cards are our property. You
the remainder of your balance.
agree to immediately surrender all Cards to US or our designee upon demand;
We can apply any unpaid amount against your credit limit.
(e) We may sell, assign or transfer your Account or any portion of it without notice
to you. You may not sell, assign or transfer your Account without first obtaining
After we finish our investigation, one of two things will happen:
our prior written consent;
5
If we made a mistake: You will not have to pay the amount in question or any
interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount
in question, along with applicable interest and fees. We will send you a
statement of the amount you owe and the date payment is due. We may then
report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to US
within 10 days telling US that you still refuse to pay. If you do SO, we cannot report
you as delinquent without also reporting that you are questioning your bill. We must
tell you the name of anyone to whom we reported you as delinquent, and we must
let those organizations know when the matter has been settled between US.
If we do not follow all of the rules above, you do not have to pay the first $50 of
the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card
Purchases. If you are dissatisfied with the goods or services that you have
purchased with your 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. (Note: Neither of these are necessary if your purchase was based
on an advertisement we mailed to you, or if we own the company that sold
you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with
cash advances from an ATM or with a check that accesses your credit card
account do not qualify.
3. You must not yet have fully paid for the purchase.
If
all of the criteria above are met and you are still dissatisfied with the purchase,
contact US in writing at:
Card Center
PO Box 495933
Cincinnati, OH 45249-5933
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.
6
Rev. 08/14
FACTS
WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?
WHY?
Financial companies choose how they share your personal information. Federal law gives consumers
the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share,
and protect your personal information. Please read this notice carefully to understand what we do.
WHAT?
The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
Social Security number, name, address, email address, income, and assets
Payment history and account balances
Credit history and creditworthiness
HOW?
All financial companies need to share customers' personal information to run their everyday business.
In the section below, we list the reasons financial companies can share their customers' personal
information; the reasons Fifth Third chooses to share; and whether you can limit this sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
DOES FIFTH THIRD SHARE?
CAN YOU LIMIT THIS SHARING?
For our everyday business purposes- such as to
process your transactions, maintain your account(s),
Yes
No
respond to court orders and legal investigations, or
report to credit bureaus
For our marketing purposes- to offer our products
Yes
No
and services to you
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes-
information about your transactions and experiences
Yes
No
For our affiliates' everyday business purposes-
Yes
information about your creditworthiness
Yes
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
No
N/A
TO LIMIT
Call 877-881-6018-our menu will prompt you through your choice(s); or
OUR
Write to us at Card Center, Privacy Administration, Post Office Box 495933, Cincinnati, OH 45249-5933.
SHARING
Requests must include your name, address, telephone number, and Social Security number (or taxpayer
identification number). Incomplete information will delay or possibly prevent our ability to honor your request.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date
we sent this notice. When you are no longer our customer, we continue to share your information as
described in this notice. However, you can contact us at any time to limit our sharing.
QUESTIONS?
Call 877-881-6018 or go to www.managemycreditcard.com
WHO WE ARE
Who is providing this notice?
Fifth Third Bank and its affiliates (please see next page for List of Affiliates).
WHAT WE DO
How does Fifth Third protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
How does Fifth Third collect my
We collect your personal information, for example, when you:
personal information?
Open an account or apply for a loan
Pay your bills or make a deposit
Use your credit or debit card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
7
Why can't I limit all sharing?
Federal law gives you the right to limit only:
sharing for affiliates' everyday business purposes-information about
your creditworthiness
affiliates from using your information to market to you
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to
limit sharing. See below for more information on state laws.
What happens when I limit
Your choices will apply to everyone on your account.
sharing for an account I hold
jointly with someone else?
DEFINITIONS
Affiliates
Companies related by common ownership or control. They can be
financial and nonfinancial companies.
Our affiliates include companies with a Fifth Third name; financial
companies such as an insurance agency or a leasing company.
Nonaffiliates
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
Fifth Third does not share information with nonaffiliates SO they can market to you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
Our joint marketing partners include but may not be limited to insurance
companies.
OTHER IMPORTANT INFORMATION
Nevada law requires that we provide you with the following contact information:
Card Center
Bureau of Consumer Protection, Office of the Nevada Attorney General
Privacy Administration
555 East Washington Street, Suite 3900
P.O. Box 495933
Las Vegas, NV 89101
Cincinnati, OH 45249-5933
Phone: (702) 486-3132, Email: BCFINFO@ag.state.nv.us
CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected
for us to not share your credit and personal financial information with other Fifth Third companies. For CA and
VT residents, accounts with mailing addresses in these states will be treated as if they have selected for us not
to share information under a joint marketing agreement as defined above.
CUSTOMER IDENTIFICATION PROGRAM
In
accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies
each individual or entity opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as
well as trust, brokerage, insurance, and investment management accounts.
What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identification number, date of birth (if applicable),
and other information that will allow Fifth Third to identify you. You will also be asked to furnish your driver's license or other identifying
documents. We are required to follow this procedure each time an account is opened, even if you are a current customer of Fifth Third.
LIST OF AFFILIATES
Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Equipment Finance Company
Fifth Third Holdings, LLC
Fifth Third Insurance Agency, Inc.
ClearArc Capital, Inc.
Fifth Third Mortgage-Michigan, LLC
Fifth Third Mortgage Company
Vantiv, Inc. and Vantiv, LLC
Fifth Third Auto Leasing Trust
Fifth Third Securities, Inc. Member FINRA/SIPC
SLK Global/BPO Services Pvt. Ltd.
Vista Settlement Services, LLC
Fifth Third Bank, Member FDIC.
Equal Housing Lender.
Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may
be reflected in your credit report.
Fifth Third Bank provides access to investments and investment services through various subsidiaries, including Fifth Third Securities. Fifth Third
Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a registered broker-dealer and a registered investment advisor
registered with the U.S. Securities and Exchange Commission (SEC). Registration does not imply a certain level of skill or training. Securities and
investments offered through Fifth Third Securities, Inc. and insurance products:
Are Not FDIC Insured
Offer No Bank Guarantee
May Lose Value
M-112554
Are Not Insured By Any Federal Government Agency
Are Not A Deposit
Insurance products made available through Fifth Third Insurance Agency, Inc.
08/14
8
Visa Classic/MasterCard Standard Fees and Credit Disclosures
Interest Rates and Interest Charges
Annual
0% introductory APR for 6 months.
How We Will Calculate Your Balance: We use a method called "average daily balance
Percentage
(including new purchases)."
Rate (APR)
After that, your APR will be
9.20%
for
The introductory APR for Purchases and Balance Transfers is 0% for 6 months. Thereafter,
This APR will vary with the market based on the WSJ Prime Rate.
Purchases:
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 9.20%.
The APR for Cash Advances is 15.20%.
APR for
0% introductory APR for 6 months. After that,
Balance
your APR will be 9.20%.
The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%.
Transfers:
This APR will vary with the market based on the WSJ Prime Rate.
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has
ended will be 0.7667%. The Monthly Periodic Rate for Cash Advances is 1.2667%.
APR for Cash
15.20%
Advances
This APR will vary with the market based on the WSJ Prime Rate.
The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers
will be 5.95%. Your margins are the portions of your interest rates added to the Index value
How to
Your due date is at least 25 days after the close of each Billing
(WSJ Prime Rate) used to determine your APRs.
Avoid Paying
Cycle. We will not charge you interest on Purchases and Balance
Interest on
Transfers if you pay your entire balance by the due date each
Information contained in this Fifth Third Bank Disclosure is accurate as of 9/1/2014 and is
Purchases
month. We will begin charging interest on cash advances on the
subject to change thereafter.
posting date.
Minimum
If you are charged interest, the charge will be no less than $0.50.
The WSJ Prime Rate means the prime rate published in the "Money Rates" section of the
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to
Interest
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR
Charge
for Purchases will be applied to your existing Account balance and to subsequent transactions
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase
FEES
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change
Annual Fees
and may result in a smaller part of your payment being applied to reduce principal.
Annual Fee
$15
Explanation of Balance Subject to Interest Charges: We figure the interest charge
Penalty Fees
on your account by applying the periodic rate to the "average daily balance" of your account.
To get the "average daily balance" we take the beginning balance of your account each day,
Late
Up to $15
add any new purchases, and subtract any payments or credits. This gives US the daily balance.
Payment
Then, we add up all the daily balances for the billing cycle and divide the total by the number
Returned
Up to $15
of days in the billing cycle. This gives US the "average daily balance."
Payment
9
Visa Platinum Fees and Credit Disclosures
Interest Rates and Interest Charges
Annual
Percentage
0% introductory APR for 6 months.
How We Will Calculate Your Balance: We use a method called "average daily balance
(including new purchases).
Rate (APR)
After that, your APR will be
10.20%
for
This APR will vary with the market based on the WSJ Prime Rate.
The introductory APR for Purchases and Balance Transfers is 0% for 6 months. Thereafter,
Purchases:
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 10.20%.
The APR for Cash Advances is 15.20%.
APR for
0% introductory APR for 6 months. After that,
Balance
your APR will be 10.20%.
The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%.
Transfers:
This APR will vary with the market based on the WSJ Prime Rate.
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has
ended will be 0.8500%. The Monthly Periodic Rate for Cash Advances is 1.2667%.
APR for Cash
15.20%
Advances
This APR will vary with the market based on the WSJ Prime Rate.
The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers
How to
Your due date is at least 25 days after the close of each Billing
will be 6.95%. Your margins are the portions of your interest rates added to the Index value
Avoid Paying
Cycle. We will not charge you interest on Purchases and Balance
(WSJ Prime Rate) used to determine your APRs.
Interest on
Transfers if you pay your entire balance by the due date each
Purchases
month. We will begin charging interest on cash advances on the
Information contained in this Fifth Third Bank Disclosure is accurate as of 9/1/2014 and is
posting date.
subject to change thereafter.
Minimum
If you are charged interest, the charge will be no less than $0.50.
The WSJ Prime Rate means the prime rate published in the "Money Rates" section of the
Interest
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to
Charge
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR
for Purchases will be applied to your existing Account balance and to subsequent transactions
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase
FEES
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change
Annual Fees
and may result in a smaller part of your payment being applied to reduce principal.
Annual Fee
$20
Explanation of Balance Subject to Interest Charges: We figure the interest charge
Penalty Fees
on your account by applying the periodic rate to the "average daily balance" of your account.
To get the "average daily balance" we take the beginning balance of your account each day,
Late
Up to $15
add any new purchases, and subtract any payments or credits. This gives US the daily balance.
Payment
Then, we add up all the daily balances for the billing cycle and divide the total by the number
Returned
Up to $15
of days in the billing cycle. This gives US the "average daily balance."
Payment
10
MasterCard Gold Fees and Credit Disclosures
Interest Rates and Interest Charges
Annual
Percentage
0% introductory APR for 6 months.
How We Will Calculate Your Balance: We use a method called "average daily balance
(including new purchases)."
Rate (APR)
After that, your APR will be
11.20%
for
This APR will vary with the market based on the WSJ Prime Rate.
The introductory APR for Purchases and Balance Transfers is 0% for 6 months. Thereafter,
Purchases:
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 11.20%.
The APR for Cash Advances is 15.20%.
APR for
0% introductory APR for 6 months. After that,
Balance
your APR will be 11.20%.
The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%.
Transfers:
This APR will vary with the market based on the WSJ Prime Rate.
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has
ended will be 0.9333%. The Monthly Periodic Rate for Cash Advances is 1.2667%.
APR for Cash
15.20%
Advances
This APR will vary with the market based on the WSJ Prime Rate.
The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers
How to
Your due date is at least 25 days after the close of each Billing
will be 7.95%. Your margins are the portions of your interest rates added to the Index value
Avoid Paying
Cycle. We will not charge you interest on Purchases and Balance
(WSJ Prime Rate) used to determine your APRs.
Interest on
Transfers if you pay your entire balance by the due date each
Purchases
month. We will begin charging interest on cash advances on the
Information contained in this Fifth Third Bank Disclosure is accurate as of 9/1/2014 and is
posting date.
subject to change thereafter.
Minimum
If you are charged interest, the charge will be no less than $0.50.
The WSJ Prime Rate means the prime rate published in the "Money Rates" section of the
Interest
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to
Charge
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR
for Purchases will be applied to your existing Account balance and to subsequent transactions
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase
FEES
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change
Annual Fees
and may result in a smaller part of your payment being applied to reduce principal.
Annual Fee
$20
Explanation of Balance Subject to Interest Charges: We figure the interest charge
Penalty Fees
on your account by applying the periodic rate to the "average daily balance" of your account.
To get the "average daily balance" we take the beginning balance of your account each day,
Late
Up to $15
add any new purchases, and subtract any payments or credits. This gives US the daily balance.
Payment
Then, we add up all the daily balances for the billing cycle and divide the total by the number
Returned
Up to $15
of days in the billing cycle. This gives US the "average daily balance."
Payment
11