Cardmember Agreement for U.S. Bank National Association American Express® 
Credit Card Accounts 

This credit card program is issued and administered by U.S. Bank National Association. This information is accurate as of March 31, 
2017.   PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See 
the Agreement that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION: Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 9.74%  to Prime + 20.74% 
(APR) 13.74%  to 24.74% 
(DPR) 0.037644%  to 0.067781% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 9.74 to Prime + 20.74% 
(APR) 13.74% to 24.74% 
(DPR) 0.037644% to 0.067781% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 20.74%  
(APR) 24.74% 
(DPR) 0.067781% 

Penalty APR and When It Applies 

There is no Penalty Rate for your Account. 

Paying Interest 

Minimum Interest Charge  

For Credit Card Tips from the    
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

  Annual Fee 
  Travel Fee 

Transaction Fees   

Your due date is 24-30 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 Advances and Balance 
Transfers on the transaction date. 
If you are charged interest, then the Minimum Interest 
Charge will be no less than $2.00. 
To learn more about factors to consider  when applying for 
or  using  a  credit  card,  visit  the  website  of  the  Consumer 
Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 
NOTICE:  Some  of  these  set-up  and  maintenance  fees  will 
be assessed before you begin using  your Card and based 
on your Credit Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not 
yet used it or paid a fee after receiving a billing statement. 
If  you  do  reject  the  Account,  you  are  not  responsible  for 
any fees or charges. 
NONE 
NONE 

  Balance Transfer Advance Fee  

  Convenience Check Advance Fee 

  Financial Institution Cash Advance 

Fee  

  Cash Equivalent Advance Fee 

  Cash Advance Overdraft Protection 

Fee  

  Cash Advance ATM Fee 

Either $5 or 3% of the Transfer or Advance amount, 
whichever is greater (maximum fee (No Maximum)).   
Either $5 or 3% of the Advance amount, whichever is 
greater (maximum fee (No Maximum)). 
Either $10 or 4% of the Advance amount, whichever is 
greater (maximum fee (No Maximum)). 
Either $20 or 4% of the Advance amount, whichever is 
greater (maximum fee (No Maximum)).  
NONE  

Either $10 or 4% of the Advance amount, whichever is 
greater (maximum fee (No Maximum)).   

 
 
 
 
 
 
 
 
 
  Foreign Transaction Fee 

Up to 3% of each foreign transaction amount. 

Account Fees 

  Late Fee  
  Overlimit Fee  
  Return Payment Fee  

Up to $38 
NONE 
Up to $35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”.  See the Agreement for more details. 

P. O. Box 6352 
Fargo, ND  58125 

Cardmember Agreement  

This  is  a  cardmember  agreement  and  disclosure  statement  (“Agreement”) 
between  you and  the  Issuer  containing  the  terms  that will  apply  to  your Credit 
Card  Account  (“Account”)  effective  March  31,  2017.    American  Express  is  a 
federally registered service mark of American Express and is used by U.S. Bank 
National Association pursuant to a license.  In this Agreement, “you”, “your" and 
“Cardmember” means each individual accepting a solicitation or applying for the 
Account  or  otherwise  agreeing  to  be  responsible  for  the  Account.  “We”,  “us”, 
“our”, and “the Issuer” means U.S. Bank National Association, the issuer of the 
Card and your Account creditor. Please read this Agreement carefully and keep it 
in  a  safe  place  to  make  the  best  use  of  the  credit  cards  we  issue  with  this 
Account  (“Card”).    The  Agreement  becomes  effective  as  soon  as  you  or 
someone  authorized  by  you  uses  the  Card  or  Account,  but  no  later  than  30 
calendar days after we issue and you fail to return the Card. This web Agreement 
does not replace the Agreement that is provided with the Account and Card. 

This Agreement contains an arbitration provision (including a class action 
arbitration  waiver).    It  is  important  that  you  read  the  entire  Arbitration 
Provision section carefully. 

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1.    Personal  Use:  You  may  use  the  Account  only  for  personal,  family  or 
household purposes. Federal or state consumer protection laws may not apply if 
you use the Account for other than personal, family or household purposes.  

2. Purchases: You may use the Account to buy, lease or otherwise obtain goods 
or  services  from  participating  merchants  (including  transactions  you  initiate  by 
mail,  telephone or  over  the  Internet),  or take  advantage of  special  promotional 
Balance Transfer offers that post as Purchase transactions (“Purchases”).   We 
will, in connection with any promotional offer we make from time to time, provide 
information on your Card carrier or in additional materials (the “Offer Materials”) 
that explain whether those transactions will post and be treated as a Purchase.  
Even if you have not signed a sales draft or the merchant has not supplied you 
with a written receipt or other proof of sale, you are responsible for all Purchases 
made through your Account, except as expressly limited by applicable law (see 
Your Billing Rights section below for more details).  

3. Advances:  “Advances”  are transactions other than Purchases that allow you 
direct  access  to  funds available  through your Account.   Advances may  include 
Account  transactions  such  as  cash  advances  you  obtain  directly  from  us, 
automated  teller  machines  (“ATMs”)  or  other  participating  financial  institutions 
(“Cash  Advances”).  ATM  and  financial  institution  Advances  include  phone 
(automated phone system and 24 Hour customer service assisted) and Internet 
transfers. Advances also include some Balance Transfers, Convenience Checks, 
FastCash,  Overdraft  Protection  Advances  and  Cash  Equivalent  Advances.  
“Cash  Equivalent  Advances”  include  transactions  to  acquire  or  initiate  wire 
transfers,  traveler’s  checks,  cashier’s  checks,  money  orders,  foreign  cash 
transactions, casino gaming and betting transactions and lottery tickets.  Monthly 
Account statements we issue may refer to Advances as an Advance, Cash, Cash 
Advances, or by the product or device you used to obtain an Advance.  Refer to 
the Account  Fees  section  for details  on Advance  Transaction  Fees.    American 
Express Cards are not presently accepted for the purchase of bets, lottery tickets 
(except where allowed for on-site sales of state and national government lottery 
tickets at authorized retailers) or casino gaming chips. 

4. Advance Limits: Only a portion of the Credit Limit (defined below) is available 
for  Advances  and  that  portion  may  vary  from  time  to  time.  Although  you  may 

have  credit  available  under  your  Account,  we  may  be  unable  to  authorize  an 
Advance.  You  may  contact  Cardmember  Service  to  learn  the  portion  of  your 
Credit Limit which is available for Advances. 
5. Convenience Checks: From time to time, we may supply Convenience Checks 
for  use  by  the  person(s)  or  drawer  named  on  those  checks.  “Convenience 
Checks” are drafts that look like other checks, but are drawn on credit available 
in your Account.  Convenience Checks may not be offered for all Account types.  
We  will,  in  connection  with  any  Convenience  Check  we  provide,  include  Offer 
Materials  that  will  explain  whether  the  Convenience  Check  will  post  and  be 
treated as an Advance or as a Balance Transfer. Convenience Checks must be 
written in U.S. Dollars. We may return a Convenience Check unpaid if:  
(a)  the  credit  available  under  your  Credit  Limit  is  less  than  the  Convenience 
Check amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform 
to our regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you 
owe us or our affiliates.   

6. Paying and Stopping Payment on Convenience Checks: You must write to us 
or call to request that payment be stopped on a Convenience Check. You must 
call us promptly with an oral stop payment request and then provide us with a 
written  confirmation  of  the  stop payment  request  within  14  calendar  days.  Any 
written stop payment request we receive will remain in effect for 6 months, unless 
you  renew  the  request  in  writing  before  the  end  of  that  time.  We  may  pay 
Convenience  Checks  more  than  6  months  old.  There  may  be  circumstances 
under  which  a  Convenience  Check  must  be  paid,  even  if  we  have  received  a 
stop payment request from you. We will not be liable to you if we do not honor 
your stop payment request under those circumstances. If it is determined that a 
Convenience Check should have been paid, but was not, we will not be liable for 
any consequential, punitive or incidental damages if we acted in good faith. Our 
only obligation under  those  circumstances  will  be  to pay  the  designated payee 
the amount of the Convenience Check and cancel any charges assessed against 
your Account as a result of any wrongful failure to honor the Convenience Check.  

7.  Balance Transfers:  We may permit  you  to  transfer balances and obligations 
that you owe other companies or financial institutions to your Account, subject to 
the terms and conditions disclosed in  the Offer Materials (“Balance Transfers”). 
Balance  Transfers  will  post  to  your  Account  and  be  separately  reflected  on 
monthly  Account  statements  as  a  Balance  Transfer,  or,  depending  upon  the 
offer, may post to the Account and be treated as a Purchase or an Advance.  We 
will,  in  connection  with  any  Balance  Transfer  offer  we  make,  provide  you  with 
materials that explain how the Balance Transfer will post to your Account and be 
reflected  on  monthly  Account  statements.  You  may  not  request  Balance 
Transfers  on  existing  obligations  you  owe  us  or  our  affiliates.  If  you  request  a 
Balance Transfer that would cause  your Account to exceed its  Credit Limit, we 
may,  at  our  option,  (a)  post  the  entire  Balance  Transfer  requested  to  your 
Account;  (b)  post  only  a  portion  of  the  Balance  Transfer  requested  to  your 
Account up to the amount of credit available under the Credit Limit; or (c) refuse 
to process the entire amount of the Balance Transfer requested.   

8. U.S. Bank Overdraft Protection: This section is part of the  Agreement only if 
you have specifically requested and have obtained an Overdraft Protection Plan 
by linking the Account with a designated U.S. Bank personal checking account 
("checking account").  An "Overdraft Protection Advance" is an advance of funds 
to  your  designated  checking  account  from  this  Account  that  will  help  cover 
overdrafts on your checking account.  Any Overdraft Protection Advance will post 
and be charged interest as an Advance drawn on the Account.  Please refer to 
the  U.S.  Bank  Deposit  Account  Agreement  (entitled,  "Your  Deposit  Account 
Agreement") for full Overdraft Protection Plan terms and the Consumer Pricing 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Information Brochure for fees that apply for Overdraft Protection Advances.  We 
may  cancel  Overdraft  Protection  privileges  under  the  Account,  even  if  the 
Account remains open for other purposes. 

INTEREST CHARGES AND ACCOUNT FEES 

9.  Account  INTEREST  CHARGES:  INTEREST  CHARGES  reflect  the  cost  of 
credit. Your total INTEREST CHARGE for any billing cycle will equal the amount 
of  any  (a)  periodic  rate  INTEREST  CHARGES  (sometimes  referred  to  as 
"interest"  in  this  Agreement  and  on  monthly  Account  statements);  (b)  Advance 
Transaction  Fees;  and  (c)  any  other  transaction  fees  that  are  considered 
INTEREST CHARGES.  

10.  Interest  Rate:    In  this  Agreement,  we  have  abbreviated  the  terms  “daily 
periodic  rate”  as  DPR,  “average  daily  balance”  as  ADB,  and  “ANNUAL 
PERCENTAGE RATE” as APR.  
(a) Standard Interest Rates- Rate for "Purchases" and "Balance Transfers": The 
DPR  for  transactions  posting  as  Purchases  and  Balance  Transfers  is  equal  to 
1/365th  of  its  corresponding  APR.  Rate  for  "Advances":  The  DPR  and 
corresponding APR for transactions posting to the Account as Advances is equal 
to 1/365th of its corresponding APR.  

(b)  Your  Variable  APRs  are  calculated  by  adding  a  margin  to  the  Index.  Your 
Variable  DPR  is  equal  to  1/365th  of  the  corresponding  APR.  Your  DPR  and 
corresponding APR may increase or decrease from time to time according to the 
movements up or down of the  Index, which is the Prime Rate published in the 
"Money Rates" section of the Midwest Edition of The Wall Street Journal on the 
last  publication  day  before  the  date  on  which  the  billing  cycle  closed  (in  other 
words, the "statement date"). We reserve the right to choose a comparable new 
index if The Wall Street Journal ceases to publish a Prime Rate. The margin is 
the percentage we  add  to  the  Index  to  calculate  the  APR. The  current applied 
Index value for your Account is 4.00%. Any variable rate adjustment based on a 
change  to  your margin will  be  effective as  of  the  first  day of  the  current  billing 
cycle, and will apply to all new Account balances and transactions subject to that 
variable rate. Any variable rate adjustment based on a change to your Index will 
be effective as of the first day of the current billing cycle, and will apply to all new 
and outstanding Account balances and transactions subject to that variable rate. 
An increase or decrease to the Index or margin will apply to Purchase, Advance, 
and Balance Transfer balances and will result in an increase or decrease in the 
INTEREST CHARGE on the Account, an increase or decrease to your Minimum 
Payment, and an increase or decrease to your New Balance.    

Introductory  and  Promotional  Rates:  We  may,  at  our  option,  offer  you  for  a 
limited  time  introductory  or  promotional  interest  rates  for  all  or  part  of  new 
Purchase,  Advance,  or  Balance  Transfers  posted  to  your  Account.  We  will  tell 
you in the Offer Materials the introductory or promotional rate and the period of 
time during which that rate will be in effect and any conditions or requirements of 
the  offer.  Unless  the  Offer  Materials  state  otherwise,  an  introductory  or 
promotional rate will remain in effect until the last day of the billing cycle in which 
the introductory or promotional rate expires.  Any introductory or promotional rate 
that applies to new or outstanding Account balances will increase to the standard 
rate  that  would  otherwise  apply,  or,  when  appropriate  under  the  terms  of  this 
Agreement, a Penalty Rate due to an Adjustment Event (as indicated above).    

11.  INTEREST  CHARGE;  Method  of  Computing  Balance  Subject  to  Interest 
Rate:  We  calculate  the  periodic  rate  or  interest  portion  of  the  INTEREST 
CHARGE  by  multiplying  the  applicable  DPR  by  the  ADB  (including  new 
transactions) of the Purchase, Advance and Balance Transfer categories subject 
to  interest,  and  then  adding  together  the  resulting  interest  from each  category. 
We  determine  the  ADB  separately  for  the  Purchases,  Advances  and  Balance 
Transfer categories. To get the ADB in each category, we add together the daily 
balances  in  those  categories  for  the  billing  cycle  and  divide  the  result  by  the 
number of days in the billing cycle. We determine the daily balances each day by 
taking  the  beginning  balance  of  those  Account  categories  (including  any  billed 
but unpaid  interest,  fees,  credit  insurance and other  charges),  adding  any new 
interest,  fees,  and  charges,  and  subtracting  any  payments  or  credits  applied 
against  your  Account  balances  that  day.  We  add  a  Purchase,  Advance  or 
Balance Transfer to the appropriate balances for those categories on the later of 
the  transaction  date  or  the  first  day  of  the  statement  period.  Billed  but  unpaid 
interest  on  Purchases,  Advances  and  Balance  Transfers  is  added  to  the 
appropriate  balances  for  those  categories  each  month  on  the  statement  date. 
Billed but unpaid Advance Transaction Fees are added to the Advance balance 
of  your  Account on the date  they  are charged to  your  Account.    Any billed but 
unpaid  fees  on  Purchases,  credit  insurance  charges,  and  other  charges  are 
added to the Purchase balance of the Account on the date they are charged to 
the  Account.  Billed  but  unpaid  fees  on  Balance  Transfers  are  added  to  the 
Balance  Transfer  balance  of  the  Account  on  the  date  they  are  charged  to  the 
Account.  In  other  words,  billed  and  unpaid  interest,  fees,  and  charges  will  be 

included  in  the  ADB  of  your  Account  that  accrues  interest  and  will  reduce  the 
amount of credit available to  you.  Credit insurance charges are not included in 
the ADB calculation for Purchases until the first day of the billing cycle following 
the date the credit insurance premium is charged to the Account. Prior statement 
balances subject to an interest-free period that have been paid on or before the 
payment  due  date  in  the  current  billing  cycle  are  not  included  in  the  ADB 
calculation.  There  may  be  a  minimum  INTEREST  CHARGE  Fee  in  any  billing 
cycle  in  which  an  INTEREST  CHARGE  is  due.    As  described  above,  this 
Agreement provides for the compounding of interest on your Account. 

12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases 
provided you have paid your previous balance in full by the Payment Due Date 
shown  on  your  monthly  Account  statement.  In  order  to  avoid  additional 
INTEREST CHARGES on Purchases, you must pay your new balance in full by 
the Payment Due Date shown on the front of your monthly Account statement. 
There  is  no  interest-free  period  for  transactions  that  post  to  the  Account  as 
Advances or Balance Transfers except as provided in any Offer Materials. Those 
transactions are subject to interest from the date they post to the Account until 
the date they are paid in full.  

13.  Advance  Account  Fees:  You  agree  to  pay  the  following  Account  fees  and 
INTEREST CHARGES: 

(a) We may add an Advance Transaction Fee INTEREST CHARGE to the 
Advance  balance  of  the  Account  for  each  Advance  you  obtain  during  a 
billing  cycle  in  addition  to  the  interest  that  accrues  on  Advances.  The 
Advance  Transaction  Fee  imposed  will  equal  the  greater  of  either  a 
percentage of each Advance or the minimum dollar amount, subject to the 
maximum dollar amount.   
(b)  We  may  add  a  Balance  Transfer  Fee  INTEREST  CHARGE  to  the         
Purchase  balance  of  the  Account  except  where  Offer  Materials  specify 
otherwise.      
(c)  We  may  add  a  Convenience  Check  Fee  INTEREST  CHARGE  to  the 
Advance  balance  of  your  Account  except  where  Offer  Materials  specify 
otherwise. 
(d)    We  may add  an Overdraft  Fee  INTEREST CHARGE  to  the Advance 
balance of your Account, except where Offer Materials specify otherwise. 

14. Account Fees: 

(a)  We  may  add  a  Promotional  Discount  Transaction  Fee  INTEREST 
CHARGE  for  each  Promotional  Discount  you  receive  during  the  billing 
cycle, as outlined in any Offer Materials 
(b)  Annual  Membership  Fee.  Each  year,  the  Account  may  be  subject  to 
your  payment  in  advance  of  an  Annual  Membership  Fee  INTEREST 
CHARGE  which  will  compensate  us  for  maintaining  and  servicing  the 
Account  for  the  following  year.  This  fee will  be  charged  to  the Purchase 
balance  of  your  Account.    There  is  no  Annual  Membership  Fee  on  your 
Account. 
(c)  We  may  add  a  Late  Payment  Fee  to  the  Purchase  balance  of  the 
Account  if  your  Minimum  Payment  is  not  received  by  the  Payment  Due 
Date shown on the monthly Account statement.   
(d) There is no Overlimit Fee on your Account.         
(e) We may add a Returned Payment Fee to the Purchase balance of the 
Account if any payment on the Account is not honored or if we must return it 
to you because it cannot be processed. A check that is returned unpaid will 
be sent for collection.  
(f) We will add a Duplicate Documentation Fee to the Purchase balance of 
the Account for each copy of a monthly statement, sales slip, refund slip, or 
Advance slip that you request. There will be no charge for documentation 
requests made in connection with a billing error notice, if our investigation 
indicates a billing error occurred. 
(g) We may add a service charge to the Purchase balance of the Account if 
you  call  us  to  make  a  payment  on  your  Account  and  are  assisted  by  a 
Cardmember  Service  Representative  to  make  the  payment.  You  will  be 
provided  with  confirmation  of  the  service  charge  before  the  payment 
transaction is authorized.  
(h)  We  may  add  a  Stop  Payment  Check  Fee  to  the  Purchase  balance  of   
your Account if you request a stop payment on a Convenience Check.  (See 
"Paying and Stopping Payment on Convenience Checks" section above for 
more details.) 

Under no circumstances will your Late Payment Fee or Returned Payment Fee 
ever be greater than your Minimum Payment due and under no circumstance will 
your Overlimit Fee ever be greater than the amount your balance is overlimit. 

IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

 
 
 
 
 
 
 
   
 
 
            
 
 
15. BalanceShield or Insurance Charges: Your purchase of BalanceShield debt 
cancellation or credit life insurance and disability is optional.  Whether or not you 
purchase  BalanceShield  or  credit  insurance  will  not  affect  your  application  for 
credit or the terms of any existing credit agreement you have with us.  If you elect 
to purchase BalanceShield or credit insurance and are eligible to participate, the 
monthly program fee or premium (at the rate disclosed to you) will be added to 
the Purchase balance as of the closing date of each billing cycle based upon the 
Account balance (including accrued INTEREST CHARGES).  The terms of your 
BalanceShield  coverage  will  be  summarized 
the  BalanceShield  Debt 
Cancellation Program Agreement, which will be provided to you upon enrollment. 
For credit insurance, the terms of your insurance coverage will be summarized in 
the Certificate of Insurance, which will be provided to you.  

in 

16.  Credit  Limit:  The  Account  Credit  Limit  is  the  maximum  amount  of  credit 
available  under  the  Account  at  any  time.  Under  certain  circumstances,  your 
Account  may  exceed  the  Credit  Limit  and  you  will  be  responsible  for  the  full 
amount of the Credit Limit as well as any amounts owed that exceed the Credit 
Limit, including fees and INTEREST CHARGES.  You may not request or obtain 
additional  Advances  or  Balance  Transfers  once  you  have  reached  your  Credit 
Limit.  The initial Credit Limit is shown on the Card carrier and will also appear on 
your monthly Account statements.  We reserve the right to review your Account 
at  any  time  and  increase  or  decrease  your  Credit  Limit.    Cosigner  consent  is 
required  for  Credit  Limit  increases.  You  may  not  increase  your  Credit  Limit  by 
carrying credit balances over the Credit Limit we make available to you.    (Also 
see  the  “Advance  Limits”  section  above  for  more  information  about  limits  on 
Cash Advance, Cash Equivalent Advance and telephone transfer transactions). 

17. Payment:  You must  pay  us  in  U.S. Dollars with  checks  or  similar  payment 
instruments drawn on a financial institution located in the United States.  We will 
also  accept  payment  in  U.S.  Dollars  via  the  Internet  or  phone  or  previously 
established  automatic  payment  transaction.   We may, at  our  option,  choose  to 
accept a payment drawn on a foreign financial institution.  However, you will be 
charged and agree to pay any collection fees required in connection with such a 
transaction.  The date you mail a payment is different than the date we receive 
that payment.  For purposes of this Agreement, the payment date is the day we 
receive  your  check  or  money  order  at  the  address  specified  on  your  monthly 
Account statement or the day we receive your electronic or phone payment.  If 
you mail your payment without a payment coupon or to an incorrect address, it 
may result in a delayed credit to your Account, additional INTEREST CHARGES, 
fees, and possible suspension of your Account.  

18.  Minimum  Payment:  Each  month,  you  must  pay  at  least  the  Minimum 
Payment  and  any  past  due  Minimum  Payment(s)  by  the  Payment  Due  Date 
shown on your monthly Account statement. You may, at your option, pay more 
than the Minimum Payment or pay the New Balance (as stated on your monthly 
Account  statement)  in  full  to  reduce  or  avoid  the  INTEREST  CHARGE  for  the 
Account.  Your  Minimum  Payment  will  be  calculated  as  follows:    first  we 
determine the “Base Minimum Payment,” which is the greater of $30.00 or 1% of 
your  New  Balance not  including  items  (1)  and  (2) below,  which,  if  not a  whole 
dollar amount, will be rounded to the next highest dollar.  To the Base Minimum 
Payment, we may add one  or more of the following items, as incurred on your 
Account:  (1)  any  late,  annual  and/or  any  other  Account  related  fee,  (2)  the 
INTEREST CHARGE, and (3) if your Account is over the Credit Limit, some or all 
of the balance amount over your Credit Limit. If the resulting Minimum Payment 
is greater than $30.00, the total, if not a whole dollar amount,  is then rounded to 
the next highest dollar not to exceed your New Balance. Any Minimum Payment 
or  additional  amount  you  pay  each  month  will  not  prepay  any  future  Minimum 
Payments  required,  or  change  your  obligation  to  make  at  least  a  Minimum 
Payment  by  the  Payment  Due  Date.  Any  statement  credit  that  results  from  a 
promotional offer or rewards redemption, if applicable, will only be applied to the 
Account  balance  and  not  satisfy  any  portion  of  the  Minimum  Payment 
requirements for this Account. 

19. Payment Application:   If we cannot collect  on  your check or other payment 
item you send us to pay on your Account, we may post as an Advance  

transaction an amount equal to the credit previously given to you for such check 
or payment item and we may charge interest on this amount from the date your 
Account  originally  was  credited  for  the  payment.  After  a  payment  has  been 
made,  we  reserve  the  right  to  withhold  available  credit  in  the  amount  of  the 
payment for 7 business days. Any credit available before the payment is made 
will continue to be available for use during this time. 

20.  Skip  Payment  Option:  We  may,  at  our  option,  occasionally  offer  you  an 
opportunity to skip your obligation to make the Minimum Payment due. You may 
not  skip  payments  unless  we  make  this  offer  to  you.    If  we  offer  you  an 
opportunity to skip a payment more than once in a 12 month period, you will not 
be  permitted  to  skip  payments  required  in  consecutive  months.  You  cannot 

accept a skip payment offer if your Account is delinquent, or is in Default. When 
you take advantage of a skip payment offer, the interest will continue to accrue 
on the entire unpaid balance of your Account.  

21.  Change  of  Address:  Your  monthly  Account  statements  and  notices  about 
your Account will be sent to the address you provided in your application or your 
response to our Account solicitation. To change your address, you must call or 
write  to us.  We  must  receive  this  information  21  days  before  the date a billing 
cycle closes to provide your monthly Account statement at your new address.  If 
you  have  an  address  change  within  45  days  of  the  expiration  date  of  your 
Card(s), please contact Cardmember Service with your new address so your new 
Card(s) can be mailed to your new address. We may also update your address in 
our records without a request from you if we receive an address change notice 
from the U.S. Postal Service or if we receive updated address information from 
our mail services vendor. 

22.  Authorized  Users:  You  agree  not  to  allow  access  to  your  Card,  Account 
number, Convenience Checks, or personal identification number (PIN) to anyone 
else to use your Account, except by asking us to issue a card to grant Account 
access  to  another  person.    If  you  allow  access  to  your  Card  or  Account 
information, you will be liable for any charges made by that person, unless and 
except as expressly required by applicable law.  You agree to be responsible for 
all  Account  transactions  made  by  a  Cardmember,  or  anyone  who  you  have 
authorized by (a) asking us to issue a Card to grant Account access to another 
person; (b) lending your Card to or allowing Account access by another person; 
or (c) any other way in which you would be legally considered to have allowed 
another person to use your Account or to be legally prevented from denying that 
you did so.  Be cautious when allowing another person to become an authorized 
user of your Account; once you allow authority to any authorized user you cannot 
limit that authority unless the Account is closed to future transactions.  You, as a 
primary or joint Cardmember must call or write us with any request to cancel and 
remove  a  person’s  authority.  We  will  not  provide  any  Account  information  to 
anyone  other  than  you  and  any  Authorized  Users.    Authorized  Users  have  no 
right to make any Account changes. 

23. Lost or Stolen Card or Other Information: You must notify us immediately by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen 
or there is possible unauthorized use of your Card, Account, or PIN. You will not 
be liable for unauthorized use of your Account.  If this happens, we will ask you 
and  all  other  persons  given  Account  access  to  return  all  Cards  and  unused 
Convenience Checks to us. In addition, we have the right to close your Account 
and open a new Account. If we do so, new Cards will be issued.  If requested, we 
may issue a new PIN and new Convenience Checks for your new Account. 

24.  Using Your Card for International Transactions:  
Visa: You may use your Card for Purchases at foreign merchants and for cash 
withdrawals from foreign ATMs that display the American Express logo. (To find 
your  nearest  ATM  please  visit  www.americanexpress.com/atmlocator.)   If  you 
make a charge or cash withdrawal in a foreign currency, American Express will 
convert  it  into  U.S.  Dollars  on  the  date  that  American  Express  or  American 
Express’  agents  process  it,  which  may  be  different  than  the  date  of  the 
transaction.   Unless  a  particular  rate  is  required  by  law,  the  rate  American 
Express uses to convert transactions in foreign currencies to U.S. Dollars is no 
more  than  the  highest  official  rate  published  by  a  government  agency  or  the 
highest interbank rate from customary banking sources on the conversion date or 
the prior business day.  This rate may differ from the rates that are in effect on 
the date of your charge or withdrawal.  Charges that are converted directly by a 
merchant (such as airlines) will be at the rates they use.  If your transaction is in 
a foreign currency, we will add a Foreign Transaction Fee INTEREST CHARGE 
of up to 3% of the Purchase transaction or up to 3% of the ATM transaction.  
 If  you  make  a  transaction  in  U.S.  Dollars  outside  the  United  States  (including 
charges made from websites outside the United States), we will add a Foreign 
Transaction Fee INTEREST CHARGE of up to 3% of the Purchase transaction 
or up to 3% of the ATM transaction.  

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

25.  Responsibility  to  Pay:  You  agree  to  pay  us  for  all  Purchases,  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  Account  Fees  and  charges,  any 
other  transaction  charges  as  provided  in  this  Agreement  and,  to  the  extent 
permitted  under  applicable  law,  attorneys  fees  and  collection  costs  we  incur 
enforcing this Agreement against you. This is the case even if  your  Account is 
only used by one of you, or is used by someone authorized by only one of you. If 
there is more than one Cardmember,  each of you is responsible, together and 
separately, for the full amount owed on your Account. Your obligation to pay the 
Account  balance  continues  even  though  an  agreement,  divorce  decree,  court 
judgment,  or  other  document  to  which  we  are  not  a  party  may  direct  another 
person responsible to pay the Account. 

 
 
 
 
 
 
 
 
 
 
 
 
26. Intent to Repay: Every time you use your Account, you represent to us that 
you intend to and have the ability to repay your Account obligations. We rely on 
this representation every time you use your Account. 

27.  Settling  a  Disputed  Balance;  Payment  in  Full:  If  you  want  to  settle  a 
disagreement with us about any amount you owe by sending a check on which 
you  have  written  "Payment  in  Full"  or  similar  language,  you  must  send  us  a 
written  explanation  of  the  disagreement  or  dispute  and  any  such  check  to 
Cardmember  Service.  (See  Your  Billing  Rights  section  below  for  complete 
details.)  This  address  is  different  than  the  address  you  use  to  make  Account 
payments. Writing “Payment in Full” or similar language on the check will not be 
enough to resolve the dispute. If we collect a check or any payment instrument 
marked  “Payment  in  Full”  that  you  sent  to  an  address  other  than  the  one 
provided  in  the  Cardmember  Agreement  issued  with  your  Card  (such  as  the 
address  at  which  you  normally  make  payments),  we  will  not  have  waived  our 
right  to  collect  any  remaining  amount  you  owe  us  under  the  terms  of  your 
Account 
28. Default: You and your Account will be in Default if:  

(a)  we  do  not  receive  the  Minimum  Payment  by  the  Payment  Due  Date 
disclosed on the monthly Account statement; 
(b) you violate any other provision of this Agreement;  
(c) you die without a surviving joint Cardmember; 
(d) you become insolvent, assign any property to your creditors, or go into 
bankruptcy or receivership; 
(e) you have made false statements on your Account application or in the 
maintenance of your Account; 
(f) we have any reason to believe that your Account is in danger of, or is 
being used for fraud; 
(g)  you  are  a  married  community  property  state  resident  and  you  or  we 
receive a written termination notice of this Agreement from your spouse;  
(h) your Account becomes inactive;   
(i) anything happens that we believe in good faith materially increases the 
risk that you will not live up to your payment and other obligations under 
this Agreement; or 
(j) this is a joint Account and one of you notifies us that he or she wants the 
Account closed or will no longer be liable on the Account. 

 You and your Account may also be in Default if you make transactions which go 
over your Credit Limit. 

29.  Illegal Purchases:  You  agree  that  you  will not use or  permit  an  Authorized 
User to use the Card or Account for any unlawful purpose, such as funding any 
account that is set up to facilitate online gambling.  

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

30. Ownership of this Account: Your Card and any other Account access devices 
that we supply to you are our property and must be immediately returned to us or 
our designated agent or otherwise destroyed or surrendered as we instruct.  
31. Changes to your Account: Account and Agreement terms are not guaranteed 
for any period of time; we may change the terms of your Agreement, including 
APRs  and  fees,  in  accordance  with  applicable  law  and  the  terms  of  your 
Agreement.  Your  transactional  experience  with  us  may  also  cause  a  change, 
including  an  increase  in  the  margin  that  is  added  to  the  Index,  an  increase  in 
fees,  or  a  decrease  in  the  Credit  Limit.  Factors  considered  in  determining  the 
increased rate or Credit Limit decrease may include your general credit profile, 
existence, seriousness and timing of the defaults under any agreement that you 
have with us, and other indications of the Account usage and performance. We 
will give you notice of any such change in the manner required by law. Revised 
Account terms apply as of the effective date communicated in our notice to you 
unless  the  notice  provides  you  with  the  right  to  opt  out,  and  you  do  opt  out, 
before the effective date.   

32. Cancellation of Your Account: We may cancel your Account or suspend your 
ability to obtain Account credit immediately, without notice, if  your Account is in 
Default. Even if you are not in Default, we may cancel your Account by providing 
notice to you. You may cancel your Account by notifying us by telephone or in 
writing.    If  this  is  a  joint  Account,  we  will  honor  a  request  by  either  of  you  to 
cancel the Account. After the Account is cancelled, you will not be able to obtain 
additional Account  credit,  except  that,  (a)  the  Account may  continue  to  receive 
recurring  charges  for  items  and  services  until  you  contact  and  cancel  delivery 
with 
item  or  service,  or  (b)  under  certain 
circumstances if you use your Account for a transaction, the transaction may be 
posted to your Account.  After your Account is cancelled, all amounts outstanding 
on your Account will be due and payable without notice or demand from us. You 
must cut all Cards and Convenience Checks in half and return them to us.  If you 
do not pay the amount you owe under this Agreement, you will be liable for our 

the  company  providing 

the 

collection  costs  including  our  reasonable  attorney  fees  and  expenses  of  legal 
actions, to the extent permitted by applicable law. 

33.  Assignment  of  Your  Account  to  Another  Creditor:  We  may  assign,  sell  or 
transfer your Account and amounts owed by you to another creditor at any time. 
If we do, this Agreement will still be in effect unless and until amended, and any 
references made in this Agreement to “we”, “us”, or “our” will refer to the creditor 
to which we assigned, sold or transferred your Account or amounts owed under 
your Account. You may not delegate your obligations and responsibilities to us to 
any third party without our express written consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving 
you  credit  or  collecting  amounts  owed  on  your  Account.  You  agree  that  a 
consumer  credit  report  may  be  requested  periodically  from  one  or  more 
consumer  reporting  agencies  (“Credit  Bureaus”)  and  used  in  connection  with 
your application and any update, renewal or extension of credit. We will provide 
information about you, your Account or your credit history to Credit Bureaus and 
others who may properly receive that information. 

35. Credit Bureau Disputes: If you believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166-
9801.  

36.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy 
Pledge was included with your original Agreement.   We also keep copies of our 
Privacy  Pledge  in  financial  institution  offices  and  post  it  on  our  web  site.    Our 
Privacy Pledge describes how we collect, protect and use confidential financial 
and other information about you and the circumstances in which we might share 
information about you with members of our corporate family and with unaffiliated 
third parties. Our Privacy Pledge also tells you how you can (a) limit the ways we 
share certain kinds of information about you and (b) request corrections to the 
information we maintain about you. 

37.  Refusal  to  Honor  Transactions:  We  and  our  agents  are  not  responsible  if 
anyone refuses to honor your Card or a Convenience Check, or if authorization 
for a particular transaction is not given. Although you may have credit available 
under  your  Account,  we  may  be  unable  to  authorize  credit  for  a  particular 
transaction.  The  number  of  transactions  you  make  in  one  day  may  be  limited, 
and the limit per day may vary. These restrictions are for security reasons and as 
a result we cannot explain the details of how this system works. If your Account 
is over the Credit Limit or delinquent, authorization of credit for transactions may 
be declined. We are not responsible for anything purchased with your Card or a 
Convenience Check,  except as expressly required by applicable law (see Your 
Billing  Rights  section  below  for  more  details).  You  must  return  goods  you 
purchased with the Card or Account to the merchant and not to us.  

38.  Third  Party  Offers:  From  time  to  time,  third  parties  may  provide  you  with 
benefits not related to the extension of Account credit. We are not liable for these 
features, services and enhancements, as they are the sole responsibility of the 
third party provider. We and/or a third party may add, change or delete entirely 
these  benefits  without  notice  or  liability  to  you,  to  the  extent  permitted  by 
applicable  law.  You  agree  to  hold  us  harmless  from  any  claims,  actions  or 
damages  resulting  from  your  use  of  any  of  these  features,  services  or 
enhancements, where permitted by applicable law. 

39. Monitoring and Recording Communications: You understand and agree that 
we,  and  anyone  acting  on  our  behalf,  may  monitor  and/or  record  any 
communications  between  you,  or  anyone  acting  on  your  behalf,  and  us,  or 
anyone  acting  on  our  behalf,  for  quality  control  and  other  purposes.    You also 
understand and agree that this monitoring or recording may be done without any 
further notice to you or anyone acting on your behalf.  The communications that 
may be monitored or recorded include telephone calls, cellular or mobile phone 
calls, and any other communications in any form.    

40.  Severability:  If  a  court  of  competent  jurisdiction  finds  any  part  of  this 
Agreement illegal or unenforceable, the remaining portions of the Agreement will 
remain  in  effect  as  written  after  any  such  illegal  or  unenforceable  portion  is 
amended in conformance with applicable law or, if necessary, voided.  

41. Entire Agreement: This version of the web Agreement replaces any previous 
versions of the web Agreement. The Agreement, as modified by any change in 
terms  we  may  deliver  from  time  to  time  in  accordance  with  applicable  law, 
constitutes the entire agreement between you and us, and supersedes any prior 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
negotiation,  agreement,  or  understanding  between  you  and  us  concerning  the 
subject matter of the Agreement.  

If you think there is an error on your statement, call or write to us. 

42. Waiver: We do not give up our rights under the Agreement or applicable law 
when we fail to exercise or delay exercising those rights. Our failure or delay to 
exercise any right or remedy we have against you does not mean that we waive 
that right. 

43.  Arbitration Provision: 
(a)  You agree that either you or we can choose to have binding arbitration 
resolve any claim, dispute or controversy between you and us that arises 
from  or  relates  to  this  Agreement  or  the  Account  and  credit  issued 
thereunder (individually and collectively, a "Claim").  This does not apply to 
any  Claim  in  which  the  relief  sought  is  within  the  jurisdictional  limits  of, 
and is filed in, a small claims court.  If arbitration is chosen by any party, 
the following will apply: 

(1)  NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A 
CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO 
ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED 
FOR IN THE APPLICABLE ARBITRATION RULES.  
(2)  Arbitration  will  only  decide  our  or  your  Claim,  and  you  may  not 
consolidate or join the claims of other persons who may have similar 
claims.    YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR 
AS A PRIVATE ATTORNEY GENERAL,  PERTAINING TO ANY CLAIM 
SUBJECT TO ARBITRATION.  
(3)  The  arbitration  will  be  performed  in  accordance  with  this 
Arbitration Provision and the rules of the chosen arbitrator in effect 
when the Claim is filed.   
(4)    The  arbitrator’s  decision  will  generally  be  final  and  binding, 
except  for  the  limited  right  of  appeal  provided  by  the  Federal 
Arbitration Act.  
(5)  Other rights that you would have if you went to court might also 
not be available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or 
the  American  Arbitration  Association  ("AAA")  (or,  if  neither  of  these 
arbitration  organizations  will  serve, 
then  a  comparable  substitute 
arbitration organization agreed upon by the parties or, if the parties cannot 
agree, chosen by a court of competent jurisdiction).  If JAMS is selected, 
the  arbitration  will  be  handled  according  to  its  Streamlined  Arbitration 
Rules  unless  the  Claim  is  for  $250,000  or  more,  in  which  case  its 
Comprehensive  Arbitration  Rules  shall  apply.    If  the  AAA  is  selected,  the 
arbitration  will be  handled according to  its Commercial  Arbitration  Rules.  
You  may  obtain  rules  and  forms  for  JAMS  by  contacting  JAMS  at  1-800-
352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at 1-
800-778-7879 or www.adr.org.  Any arbitration hearing that you attend will 
take place in the federal judicial district where you reside.  At your request, 
we  will  advance  your  filing  and  hearing  fees  for  any  Claim  you  may  file 
against us. If you prevail on your Claim, we will pay your arbitration costs 
and fees, other than attorney, expert and witness fees and expenses.   We 
will also pay any fees or expenses that applicable law requires us to pay.  
The  arbitrator  shall  apply  applicable  substantive  law  consistent  with  the 
Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited 
to  applicable  statutes  of  limitation,  and  shall  honor  claims  of  privilege 
recognized  at  law.    Judgment  upon  the  award  rendered  by  the  arbitrator 
may be entered in any court having jurisdiction.  

(c) This Arbitration Provision shall survive repayment of your extension of 
credit and termination of your Account.  This Arbitration Provision shall be 
governed by federal law, including the Federal Arbitration Act, and by Ohio 
law,  without  regard  to  its  internal  conflict  of  law  principles,  to  the  extent 
such  state  law  does  not  conflict  with  federal  law  or  this  Arbitration 
Provision. Notwithstanding any language of this Agreement to the contrary, 
should  any  portion  of  this  Arbitration  Provision  be  held  invalid  or 
unenforceable  by  a  court  or  other  body  of  competent  jurisdiction,  this 
entire Arbitration Provision shall be automatically terminated and all other 
provisions of this Agreement shall remain in full force and effect. 

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. 

In your letter or call, give us the following information: 
  Account information: Your name and Account number. 
  Dollar amount: The dollar amount of the suspected error. 
  Description  of  problem:  If  you  think  there  is  an  error  on  your  bill, 
describe what you believe is wrong and why you believe it is a mistake. 

You must contact us: 
  Within 60 days after the error appeared on your statement. 
  At least 3 business days before an automated payment is scheduled, if 

you want to stop payment on the amount you think is wrong. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 
1.  Within  30  days  of  receiving  your  letter  or  call,  we  must  tell  you  that  we 
received your letter.  We will also tell you if we have already corrected the 
error. 

2.  Within 90 days of receiving your letter or call, we must either correct the 
error  or  explain  to  you  why  we  believe  the  bill  is  correct.    While  we 
investigate whether or not there has been an error: 
  We  cannot  try  to  collect  the  amount  in  question,  or  report  you  as 

 

delinquent on that amount. 
The charge in question may remain on your statement, and we may 
continue to charge you interest on that amount. 

  While  you  do  not  have  to  pay  the  amount  in  question,  you  are 

responsible for the remainder of your balance. 

  We can apply any unpaid amount against your 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 of 
the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases:  
If you are dissatisfied with the goods or services that you have purchased with 
your  Card,  and  you  have  tried  in  good  faith  to  correct  the  problem  with  the 
merchant, you may have the right not to pay the remaining amount due on the 
purchase.  To use this right, all of the following must be true: 
1. 

The  purchase  must  have  been  made  in  your  home  state  or  within  100 
miles of your current mailing address, and the purchase price must have 
been  more  than  $50.  (Note:  Neither  of  these  are  necessary  if  your 
purchase was based on an advertisement we mailed to you, or if we own 
the company that sold you the goods or services.) 
You must have used your credit card for the purchase. Purchases made 
with cash advances from an ATM or with a check that accesses your credit 
card Account   do not qualify. 
You must not yet have fully paid for the purchase. 

2. 

3. 

If all of the criteria above are met and you are still dissatisfied with the purchase, 
contact us in writing.  While we investigate, the same rules apply to the disputed 
amount as discussed above.  After we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an amount and you do not pay, we 
may report you as delinquent. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES  MADE  WITH  CONVENIENCE  CHECKS  OR  BALANCE 
TRANSFER CHECKS. 

What to Do If You Find a Mistake on Your Statement: 

14_USB_AMEX