MASTERCARD® First Progress 
CARDHOLDER AGREEMENT 

NEW YORK RESIDENTS: 
RETAIL INSTALMENT CREDIT AGREEMENT 

Dear Cardmember:

This agreement (“Agreement” or “Cardholder Agreement”), 
as  modified  from  time  to  time,  will  govern  the  use  of 
your  First  Progress  MasterCard Account  (“Account”)  by 
any  person  designated  on  the  application,  acceptance 
certificate or other written document (including an electronic 
record)  that  you  signed  or  otherwise  submitted  for  this 
Account  (“Application”),  which  is  part  of  this Agreement 
and incorporated herein by reference. The accompanying 
Summary of Terms is hereby incorporated into and made 
a part of this Agreement.  Before you use any credit card 
(“Card”)  that  we  issue  to  you,  please  thoroughly  read 
this  Agreement,  including  the  accompanying  Summary 
of Terms and the following additional documents, which 
are  part  of  this  Agreement  and  incorporated  herein  by 
reference: (i) the card mailer provided with your Card(s) 
when  we  opened  your Account  (“Card  Mailer”),  (ii)  your 
most  recent  cardholder  statement  (existing  Accounts 
only), and (iii) any notification of changes to your Account 
(existing Accounts only). If you do not wish to be bound 
by this Agreement or to activate the Account, do not use 
the Card and cut the Card in half and return it to us at First 
Progress Card, PO Box 9053, Johnson City, TN 37615-
9053.  Any  acceptance,  signing  or  use  of  the  Card  or 
Account will constitute your consent and agreement to all 
terms, conditions and provisions set forth below (in New 
York, you must sign a sales slip or memorandum). If you 
elect to close your Account and notify us in writing before 
you make any charges for Purchases or Cash Advances 
to  your Account  or  pay  any  Fees,  including  the Annual 
Fee, you will not be responsible for any Fees, including 
the Annual Fee, or any Interest. In such a case, any Fees 
or Interest charged will be credited back to your Account. 
New York Residents: You will not be required to pay any 
annual fee until after the date that you first sign a sales 
slip or memorandum. 

Please  save  this  Agreement  for  future  reference.  It 
contains important state and federal disclosures, including 
Regulation Z disclosures and disclosures regarding your 
rights in case of errors or inquiries about your bill. 

In this Agreement, “we”, “us”, and “our” refer to Synovus 
Bank, 1125 1st Avenue, Columbus GA  31901, the issuer 
of the Card, and to its successors and assigns. The words 
“you” and “your” refer to the person who applied for the 
Account, any co-signer, co-obligor or guarantor, and each 
person to whom we issue a Card at your request or who 
uses  a  Card  with  your  consent  (an  “Authorized  User”). 
The  words  “Business  Day”  mean  any  day  (excluding 
Saturday and Sunday or legal holiday) on which banking 
institutions  are  open  for  general  business  in  Georgia. 
“Purchases”  mean  using  your  Card  or  Account  to  pay 
for  goods  or  services.  “Cash  Advance”  means  using 
your  Card  or Account  to  get  cash  from ATMs  or  banks 
that  accept  the  card  or  by  using  cash  advance  checks 
(“Convenience Checks”) we may provide to you. “Interest” 
means the interest charges we impose on a Purchase or 
Cash Advance or on Fees or previously accrued interest 
charges.  “Fees”  means  other  amounts  added  to  your 
Account from time to time, including Cash Advance Fees, 
Foreign  Transaction  Fees,  Late  Fees,  Annual  Fees, 
Returned  Payment  Fees,  and  other  fees  we  charge  as 
specified  in  this  Agreement.  “Finance  Charge”  includes 
both Interest and certain Fees. 

This  Agreement  becomes  effective  on  the  date  (the 
“Effective  Date”)  we  establish  your  Account  and  your 
Deposit Account following the last to occur of (i) our receipt 
and approval of your Application, and (ii) our receipt and 
final  collection  of  good  funds  comprising  your  payment 
of your initial Deposit (in New York, on the date that you 
first sign a sales slip or memorandum after receipt of the 
Agreement, if not an existing customer). 

To avoid unauthorized use of your Card, please sign the 
back of your Card immediately.

In  the  “Security  Interest”  section  that  follows  next, 
“Cardholder  Agreement”  refers 
this  Agreement, 
to 
including the Security Interest section.

Security  Interest. As  a  condition  to  approving  an Account  for  you,  you  must  maintain  a  deposit  with  us  of  not 
less than $200 (the “Deposit”). Your Deposit will be held in a comingled non-interest bearing deposit account with 
other  customers’  deposits  (“Deposit Account”). The  Deposit Account  is  insured  by  the  Federal  Deposit  Insurance 
Corporation to the extent permitted by law. You grant us a security interest in and pledge and assign to us that portion 
of the Deposit Account represented by your Deposit, including any funds deposited following the Effective Date of 
your Cardholder Agreement, to secure payment of all of your existing and future obligations under your Cardholder 
Agreement and on your Account (the “Security Interest”). Except for the Security Interest you are providing us, you 
shall cause the Deposit to remain unencumbered (i.e. not subject to any lien, judgment, attachment or execution). 
You may add funds to the Deposit Account only with our approval. If we approve such addition of funds, they must be 
mailed to us using a paper check at the address we specify at the time of approval. You are not permitted to initiate 
electronic transfers to or from the Deposit Account. You may not withdraw or transfer funds from the Deposit Account 
other than by our refund to you of any amounts remaining of your Deposit after your Account is closed and each of 
the following have occurred: (i) all amounts owed to us on your Account or otherwise owed under your Cardholder 
Agreement are paid in full, (ii) we receive from you all unexpired Cards, cut in half, and (iii) a period of up to 10 weeks 

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has elapsed since your Account was closed and your unexpired Cards returned to us, during which we may retain 
any amounts remaining of your Deposit to allow for any outstanding transactions to be posted to your Account. If 
you or we close your Account for any reason, or you are in Default (as provided in your Cardholder Agreement), you 
authorize us, to the extent not prohibited by law, to apply all or any part of your funds in the Deposit Account towards 
the outstanding balance of your Account and any other amounts owed under your Cardholder Agreement without 
giving you prior notice. If we choose not to, or otherwise fail to apply your funds in the Deposit Account towards 
amounts owed on the Account or otherwise owed under your Cardholder Agreement, you agree that: (a) we do not 
thereby waive any right we have to do so at any later time, and to the extent not prohibited by law we may so apply 
such funds at any time, in our sole discretion; and (b) you are not thereby excused from the performance of any 
obligation owing with respect to the Account or otherwise under your Cardholder Agreement. However, if the Account 
is closed by you or by us for any reason, and we fail to apply your funds in the Deposit Account towards amounts 
owed on the Account or otherwise owed under your Cardholder Agreement, you may request in writing that we apply 
your funds in the Deposit Account towards such amounts. We will honor any such written request within 10 days after 
we receive it at PO Box 9053, Johnson City, TN 37615-9053.  If the amount of your funds in the Deposit Account 
exceeds the amount you owe us, then, we will refund to you any amounts of your Deposit remaining in the Deposit 
Account after all obligations owed to us are satisfied subject to the time period restrictions described above. Except 
for your Deposit in the Deposit Account, we do not have a security interest in any other of your property in connection 
with your Account. Funds in the Deposit Account are not held in trust for the Cardholder.

1.  Using  Your  Card.  You  may  use  your  Card  to  make 
Purchases or obtain Cash Advances if your Account is in 
good standing and you have Available Credit, as defined 
in  Section  2  below.    If  you  give  your  Account  number 
to  make  a  Purchase  or  obtain  a  Cash Advance  without 
presenting your Card (such as for a mail order, telephone, 
or Internet purchase), the legal effect will be the same as 
if  the  Card  itself  was  used  by  you.  If  we,  at  our  option, 
give you a Personal Identification Number (PIN), you may 
also use your Card and a PIN to obtain Cash Advances 
at  any  automated  teller  machine  (“ATM”)  that  bears  the 
MasterCard  logo.  We  may  impose  restrictions  on  your 
Account  at  any  time,  including  restrictions  on  (a)  the 
number  of  transactions  allowed  per  day;  (b)  the  dollar 
amount of transactions approved; (c) your ability to obtain 
Cash Advances; and (d) your ability to use your Card at 
an ATM. 

You agree to use your Account only for personal, family 
or  household  purposes.  Your  Account  may  be  used 
only  for  valid  and  lawful  purposes.  If  you  use,  or  allow 
someone  else  to  use,  your  Card  and  Account  for  any 
other  purpose,  you  will  be  responsible  for  such  use 
and may be required to reimburse us for all amounts or 
expenses  we  pay  as  a  result  of  such  use. You  may  not 
use  the  Card  or  your Account  for  any  illegal  transaction 
or  any  gambling  transaction.  We  will  decline  identifiable 
gambling transactions. 

You  should  not  keep  your  PIN  with  your  Card.  If  you 
believe  that  anyone  has  gained  unauthorized  access  to 
your PIN, you should advise us immediately, following the 
procedures under the heading “Lost or Stolen Card.” 

2.  Credit  Limit  and  Available  Credit.  The  maximum 
permitted outstanding balance for your Account (including 
principal,  accrued  Interest  and  fees,  whether  billed  or 
unbilled)  is  your  credit  limit  (“Credit  Limit”).  Your  credit 
available (“Available Credit”) is the Credit Limit less your 
outstanding  balance  and  any  amounts  we  at  our  sole 
discretion may add to keep your outstanding balance 

below  your  Credit  Limit,  such  as  Interest  Charges  and 
Fees  incurred  but  not  yet  billed.  The  initial  Credit  Limit 
for  your  Account  will  be  equal  to  the  amount  of  the 
Deposit  that  you  make  with  us,  which  must  be  at  least 
$200  (see  “Security  Interest”  above).    However,  if  you 
choose to deposit more than $200, your initial deposit and 
corresponding  Credit  Limit  may  not  exceed  $2,000  and 
must be at least the amount specified in the solicitation or 
application.  Your initially available credit will be equal to 
your initial Credit Limit, less the Annual Fee in the amount 
specified  in  the  accompanying  Summary  of  Terms, 
imposed  after  your  Account  is  opened.  For  example,  if 
your  initial  Credit  Limit  is  $200  and  if  your  Annual  Fee 
specified  in  the  accompanying  Summary  of  Terms  is 
$49,  your  initially  available  credit  would  be  $151.  (The 
renewal Annual Fee, when imposed annually thereafter, 
would also reduce your then available credit by $49.) Or, 
for example, if your initial Credit Limit is $200 and if your 
Annual  Fee  specified  in  the  accompanying  Summary 
of  Terms  is  $39,  your  initially  available  credit  would  be 
$161.  (The renewal Annual Fee, when imposed annually 
thereafter, would also reduce your then available credit by 
$39.)  Or, for example, if your initial Credit Limit is $200 
and  if  your  Annual  Fee  specified  in  the  accompanying 
Summary  of  Terms  is  $29,  your  initially  available  credit 
would be $171.  (The renewal Annual Fee, when imposed 
annually thereafter, would also reduce your then available 
credit  by  $29.) Your  Credit  Limit  may  be  increased  only 
with  our  approval.  For  cardholders  under  the  age  of 
21  with  a  co-signer,  the  co-signer  must  sign  a  written 
statement approving the increase and taking responsibility 
for repayment of the increase. If we approve your request 
to  do  so,  your  Credit  Limit  and Available  Credit  may  be 
increased  by  your  making  an  additional  deposit  with 
good  funds  to  your  Account,  by  mailing  them  to  us  at 
the address we specify at the time of approval. We may 
choose  to  increase  your  Credit  Limit  without  requiring 
you to add to the Deposit Account. Any increases in your 
Credit Limit are subject to credit approval. The maximum 
Credit Limit you can obtain over time is $5,000. 

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 Payments  you  make  on  your  Account  will  not  increase 
your Available Credit until we are assured that the payment 
has  not  been  dishonored.  This  payment  hold  may  take 
up  to  ten  (10)  days  (see  “Credit  Availability/Payment 
Hold”  below  at  Section  5).   You  agree  not  to  make  any 
Purchase or obtain any Cash Advance that would cause 
the  unpaid  principal  balance  of  your Account  to  exceed 
your Available Credit. We are not required to allow you to 
make Purchases or Cash Advances that, along with billed 
and  unbilled  Finance  Charges  and  Fees,  would  cause 
your outstanding Account balance to exceed your Credit 
Limit, but, if we do, you will be liable for any such amount. 
If you exceed your Credit Limit, we may, at our option, (i) 
charge you for all Purchases and Cash Advances without 
giving up any of our rights (ii) require that you immediately 
pay to us any amount in excess of your Credit Limit, or (iii) 
suspend  or  terminate  your  use  of  the  Card  or Account. 
If you request that your Credit Limit be increased either 
permanently or temporarily, we have no obligation to do 
so; however, we may make such an increase if we choose 
without giving up or waiving any of our rights, and without 
having to honor other uses which would cause your Credit 
Limit to be exceeded. We may permanently increase or 
decrease your Credit Limit as we deem appropriate with 
notice if required by applicable law.

Changes in your Credit Limit do not affect your obligation 
to pay all amounts that you owe under this Agreement. 

3.  Billing  Statement,  Initial  Annual  Fee  and  Credit 
Availability. The initial Annual Fee in the amount specified 
in the accompanying Summary of Terms will be billed to 
your  Account  following  Card  issuance  and  will  appear 
on  your  monthly  billing  statement  (“Billing  Statement”). 
Your current Credit Limit and Available Credit will appear 
on each Billing Statement. Payments you make on your 
Account  will  not  increase  your Available  Credit  until  we 
are assured that the payment has not been dishonored. 
This  payment  hold  may  take  up  to  ten  (10)  days  (see 
“Credit Availability/Payment Hold” below at Section 5). 

4.  Payments. You promise to pay us for all Purchases 
or  Cash Advances  (including  amounts  advanced  to  any 
Authorized User) under this Agreement, plus all Interest, 
Minimum Interest Charges and Fees assessed on those 
amounts,  and  all  other  costs  that  are  applied  to  your 
Account. You may at any time pay more than the minimum 
payment due or pay the total unpaid balance in full without 
incurring any additional charge for prepayment. You must 
pay  at  least  the  minimum  payment  due  each  month 
(“Minimum  Payment  Due”)  as  shown  on  your  Billing 
Statement so that we receive it at our processing facility 
by  5:00  P.M.  Eastern Time  on  your  Payment  Due  Date. 
The  Payment  Due  Date  will  be  at  least  twenty-five  (25) 
days after the Billing Cycle Closing Date and will be the 
same  date  of  each  calendar  month. All  payments  must 
be  made  in  U.S.  dollars,  and  all  checks  or  other  items 
tendered in payment must be drawn on a U.S. financial 
institution.  Payments  must  be  made  in  accordance  with 
any  other  instructions  shown  on  the  Billing  Statement. 
Payments  by  mail  must  be  by  check  or  money  order 

and  accompanied  by  the  remittance  coupon  from  your 
Billing  Statement.  Payments  received  in  proper  form  at 
our processing facility by 5 PM Eastern Time on any day 
will be credited to your Account as of that day. Payments 
received  in  proper  form  at  our  processing  facility  after 
5  PM  Eastern  Time  on  any  day  will  be  credited  to  your 
Account  as  of  the  next  day.  Payments  received  by  any 
other  method  may  be  subject  to  a  delay  in  crediting  of 
up to 5 days after the date of receipt. Payments are not 
accepted  at  Synovus  Bank  locations.  Delayed  crediting 
of payments may cause you to incur additional charges, 
including,  but  not  limited  to,  a  Late  Fee  and  additional 
Interest  charges. The  Minimum  Payment  Due  will  equal 
the greater of $38 or 5% of your outstanding balance, plus 
any past due amount and any balance in excess of your 
Credit Limit. 

Payments will be applied from time to time in any manner 
that  we  determine  to  be  in  accordance  with  applicable 
law,  but  will  ordinarily  be  applied  to  Interest,  Fees,  and 
other  charges  before  principal  balances.  Payments  in 
excess  of  the  Minimum  Payment  Due  will  be  applied, 
in  accordance  with  applicable  law,  to  your  highest  rate 
balances.  Payments you make on your Account will  not 
increase  your Available  Credit  until  we  are  assured  that 
the payment has not been dishonored. This payment hold 
may  take  up  to  ten  (10)  days  (see  “Credit  Availability/
Payment Hold” below at Section 5). 

Paying  by  Check.  If  you  pay  by  check,  you  authorize 
us  to  use  information  on  your  check  to  make  a  one-
time  electronic  debit  from  your  account  at  the  financial 
institution  indicated  on  your  check. This  electronic  debit 
will be for the amount of your check; no additional amount 
will be added to the electronic debit. We will process your 
payment  using  the  Automated  Clearing  House  (ACH) 
system.  When  we  use  information  from  your  check  to 
make an electronic fund transfer, funds may be withdrawn 
from your account as soon as the same day we receive 
your  payment.  Electronically  processed  checks  (and 
checks presented electronically) are not returned to you 
by your bank, but a copy can be retrieved by contacting 
your bank. We will retain an image of your electronically 
processed check as required by law. Please contact the 
Customer  Service  Department  at  the  telephone  number 
on  your  Billing  Statement  if  you  have  questions  about 
electronic  check  conversion  or  if  you  prefer  not  to  have 
your check information used in this way. 

Stopping Convenience Check Payments: You agree to 
notify us in writing sufficiently in advance to request that 
we stop payment on a Convenience Check. We may, but 
are not required to, accept an oral stop payment request. 
Although we may attempt to stop payment, we are under 
no liability for failure to stop payment. 

5. Credit Availability/Payment Hold. For all payments, 
depending on the payment amount and/or how long your 
Account  has  been  opened,  and  if  you  have  previously 
made  a  payment  that  was  not  honored  for  any  reason, 
such payment will not increase your Available Credit until 

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 we are assured that the payment has not been dishonored. 
This payment hold may take up to ten (10) days. If you 
use a payment service provided by a third party to deliver 
your payment to us, that third party may charge you a fee 
for such service; such third party fees are not paid to us 
and we will not bill these fees to your Account; however, 
you may authorize those charges if you wish. 

6.  Irregular  Payments  and  Delay  in  Enforcement, 
Waivers  and  Releases.  We  can  accept  late  payments, 
partial payments, checks, and money orders marked “paid 
in full” or language having the same effect without losing 
any of our rights under this Agreement. We are under no 
obligation to hold a post dated check and we reserve the 
right to process every item presented as if dated the same 
date received by us unless you give us adequate notice 
and a reasonable opportunity to act on it. Except where 
such  notice  and  opportunity  is  given,  you  may  not  hold 
us liable for depositing any postdated check. You agree 
not  to  send  us  partial  payments  marked  “paid  in  full,” 
“without recourse,” or similar language. If you send such a 
payment, we may accept it without losing any of our rights 
under  this  Agreement.  All  written  communications 
concerning  disputed  amounts,  including  a  check  or 
other  payment  instrument  that  (a)  indicates  that  the 
payment constitutes “payment in full” or is otherwise 
tendered as full satisfaction of a disputed amount, or 
(b)  is  tendered  with  other  conditions  or  limitations, 
must be marked or delivered to us at the address for 
account  inquiries  shown  on  your  Billing  Statement, 
not the Payment Address. 

7.  Billing  Statements.  We  will  promptly  send  a  Billing 
Statement at the end of each monthly Billing Cycle if your 
Account has a debit or credit balance greater than $1.00 
or  if  a  Finance  Charge  has  been  imposed.  The  Billing 
Statement  will  show  the  Previous  Balance,  Purchases 
and  Cash  Advances  posted  during  the  Billing  Cycle, 
any  Interest  Charges,  Other  Charges  and  fees,  and  all 
payments, debits, and credits to your Account through the 
Billing Cycle Closing Date. It will also show, among other 
things,  your  New  Balance,  the  Minimum  Payment  Due, 
and the Payment Due Date (which will be at least twenty-
five (25) days after the Billing Cycle Closing Date). 

8.  Lost  or  Stolen  Card.  If  you  notice  the  loss  or  theft 
of  your  Card  or  a  possible  unauthorized  use  of  your 
Card, write to us at First Progress Card, PO Box 9053, 
Johnson City, TN 37615-9053 or call us toll free at 1-866-
706-5543. You will not be liable for any unauthorized use 
of your Card that occurs after you notify us. In any case, 
your liability will not exceed $50.00. In New York, you will 
not be liable for unauthorized use of the Card that occurs 
prior to the Effective Date. 

9.  Paying  Interest.  Interest  accrues  on  Purchases 
beginning  on  the  date  a  Purchase  is  posted  to  your 
Account.  However,  interest  will  not  be  imposed  on 
Purchases  we  post  to  your Account  in  any  Billing  Cycle 
in  which  the  Previous  Balance  shown  on  your  Billing 
Statement for that Billing Cycle is zero or paid in full by 

the  Payment  Due  Date  during  that  Billing  Cycle,  if  you 
pay your New Balance in full by the Payment Due Date 
shown  on  that  Billing  Statement.  Interest  accrues  on 
Cash Advances beginning on the transaction date. There 
is no time within which you can pay the balance of a Cash 
Advance to avoid Interest. How to Avoid Paying Interest 
on Purchases: Your Payment Due Date is at least 25 days 
after the close of each Billing Cycle. We will not charge 
you any Interest on Purchases if you pay your entire New 
Balance by the Payment Due Date each month. 

How We Compute the Annual Percentage Rate (APR) 
and  Daily  Periodic  Rate.  The APR  for  Purchases  and 
the  APR  for  Cash  Advances  are  calculated  by  adding 
the  Margins  disclosed  in  the  accompanying  Summary 
of Terms  to  the  Prime  Rate  reported  in The  Wall  Street 
Journal on the first Tuesday of every month, or if The Wall 
Street  Journal  is  not  published  on  that  day,  on  the  next 
publication  day.  APRs  are  adjusted  monthly,  effective 
as of the first day of your first Billing Cycle ending on or 
after the date of the Prime Rate change. APRs will vary 
with  the  market  based  on  variations  in  the  Prime  Rate. 
The applicable Daily Periodic Rate will be equal to 1/365 
of  the  applicable APR.  The  accompanying  Summary  of 
Terms shows the Daily Periodic Rates and corresponding 
APRs determined under the above formula, as of the date 
specified  in  the  Summary  of  Terms.  If  the  Prime  Rate 
increases  the  Daily  Periodic  Rate  and  corresponding 
Annual  Percentage  Rate  under  the  above  formula  may 
increase. As a result, the Interest Charges, the Minimum 
Payment  Due  and  the  number  of  payments  may  also 
increase.

Minimum Interest Charge. If your Account is subject 
to  an  Interest  charge  during  any  Billing  Cycle, 
the  Minimum  Interest  Charge  will  be  $1.50,  if  the 
calculated Interest charge would otherwise be less. 

How  We  Compute  the  Balance  Subject  to  Interest 
Rate. 
Interest  for  a  Billing  Cycle  is  calculated  separately  for 
Purchase  and  Cash  Advance  balances.  Convenience 
Checks  are  included  in  the  Cash Advance  balance.  For 
each  balance  type  we  use  the  daily  balance  method 
(including  current  transactions).  For  each  balance  type, 
we figure the interest charge on your account by applying 
the applicable Daily Periodic Rate to the applicable “daily 
balance” of your account for each day in the Billing Cycle. 
To  get  the  “daily  balance”  for  Purchases,  we  take  the 
beginning Purchases balance of your account each day 
(including any unpaid Interest, Minimum Interest Charges 
and  Fees),  add  any  new  Purchases  and  Fees,  and  any 
Interest accrued on the previous day’s daily balance, and 
subtract  the  applicable  portion  of  any  new  payments  or 
credits.  To  get  the  “daily  balance”  for  Cash  Advances, 
we  take  the  beginning  Cash Advances  balance  of  your 
account  each  day  (including  any  unpaid  Interest  and 
Fees), add any new Cash Advances and Fees, and any 
Interest  accrued  on  the  previous  day’s  daily  balance, 
and subtract the applicable portion of any new payments 
or  credits.  (All  Fees  are  included  in  the  Purchases 

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daily  balance  except  Cash  Advance  Fees  and  Foreign 
Transaction  Fees  related  to  Cash Advances,  which  are 
included in the Cash Advances daily balance.) The total 
Interest for the Billing Cycle is the sum of the daily interest 
charges  for  each  balance  type  for  each  day  during  that 
Billing Cycle. Your Billing Statement will show a Balance 
Subject  to  Interest  Rate  for  each  balance  type.  That 
Balance  Subject  to  Interest  Rate  is  the  average  of  the 
daily balances during the Billing Cycle, which is their sum 
divided by the number of days in the Billing Cycle. 

The method we use to figure the daily balance and Interest 
results in daily compounding of interest. 

10. Fees 

Cash Advance Fee. In addition to the periodic Interest on 
Cash Advances, a Cash Advance Fee as specified in the 
accompanying Summary of Terms will be posted to your 
Account,  and  such  fee  is  included  in  your  daily  balance 
for Cash Advances for the purpose of calculating Interest. 
The Cash Advance Fee is a Finance Charge.

Foreign  Transaction  Fee.  We  will  assess  a  Foreign 
Transaction  Fee  as  specified  in  the  accompanying 
Summary of Terms for any transaction made in a foreign 
currency that is converted to U.S. dollars by MasterCard 
International. This Foreign Transaction Fee will be applied 
to  all  transactions  posted  to  your  Account  in  a  foreign 
currency,  including  all  Purchases,  Cash Advances,  and 
returns and adjustments (e.g., for returned merchandise) 
and  for  the  purpose  of  calculating  Interest  is  included 
in  the  daily  balance  for  the  same  daily  balance  type 
(e.g.,  Purchases  or  Cash Advances)  as  the  transaction 
to  which  the  Foreign  Transaction  Fee  relates. A  portion 
of  each  Foreign Transaction  Fee  is  passed  on  by  us  to 
MasterCard International in connection with each foreign 
transaction.  The  Foreign  Transaction  Fee  is  a  Finance 
Charge.

Other  Fees.  The  following  fees  will  be  charged  to  your 
Account  as  a  Purchase  for  the  purpose  of  calculating 
Interest: 

Annual  Fee:  Your Account  will  be  assessed  an Annual 
Fee as specified in the accompanying Summary of Terms 
after  your  Account  is  opened  and  annually  thereafter. 
The Annual Fee is non-refundable except as provided in 
Section 13 below. Your payment of the Annual Fee does 
not affect our right to close your Account or to limit your 
ability to make transactions on your Account.

Late  Payment  Fee.  If  we  do  not  receive  at  least  the 
Minimum Payment Due by the Payment Due Date shown 
on  your  Billing  Statement,  you  will  be  charged  a  Late 
Payment Fee of up to $27.00 (up to $38.00 if you have 
been  subject  to  a  Late  Payment  Fee  during  any  of  the 
preceding  six  Billing  Cycles).  We  may  also  refer  to  this 
Fee as the “late fee” or “late charge.” 

Returned  Payment  Fee.  If  your  payment  by  check  or 

other  payment  instrument  (including  an  electronic  funds 
transfer  or  a  telephone  authorized  draft)  is  not  honored 
for any reason or cannot be processed, we will charge a 
Returned Payment Fee of up to $27.00. 

Billing Statement Copy Fee. If you request an additional 
copy  of  a  Billing  Statement  that  is  more  than  six  (6) 
months old, we will charge you a Billing Statement Copy 
Fee of $1.00 for each Billing Statement requested to the 
extent not prohibited by law. 

Expedited  Telephone  Payment  Fee.  We  may  make 
available  at  our  customer  service  number  an  expedited 
telephone payment service involving assistance by one of 
our associates or agents. We will charge a $10.00 
Expedited  Telephone  Payment  Fee  for  each  expedited 
payment authorized by telephone in this way. 

11. Default/Collection Costs. Subject to the limitations of 
applicable law, your Account will be in default (“Default”), 
and  we  may  demand  immediate  payment  of  the  entire 
amount  you  owe  us  without  giving  you  prior  notice,  if: 
(a)  your  Minimum  Payment  Due  is  not  received  by  the 
Payment Due Date; (b) you make Purchases or obtain Cash 
Advances in excess of your Credit Limit; (c) you become 
insolvent  or  are  a  party  to  a  bankruptcy  proceeding;  (d) 
you  die;  (e)  you  misuse  the Account  or  Card  or  violate 
any  term  of  this Agreement;  (f)  any  judgment  or  lien  is 
fled against you or the Deposit; (g) to the extent permitted 
by  law,  we  reasonably  believe  that  your  ability  to  repay 
your  obligations  to  us  has  been  materially  impaired;  (h) 
you fail to honor any of the terms or your promises made 
in this Agreement, or (i) you provide us with any false or 
misleading  information  or  signatures  on  the  Application 
or  in  any  other  communication  with  us  or  on  any  other 
account  with  us.  We  shall  also  have  the  right  to  all 
remedies  provided  by  law  including,  without  limitation, 
closing or refusing to renew your Account and demanding 
return of your Card(s). Our failure to declare your Account 
in default does not excuse you from performing all of your 
obligations under this Agreement, and such failure shall 
not constitute a waiver of our rights to declare the Account 
in  default  and  terminate  your  ability  to  use  the Account 
and the Card at a later time or upon the occurrence of the 
same or a different event of default.

If we refer your Account for collection to an attorney who 
is not our regularly salaried employee, you agree to pay 
the  reasonable  fees  of  such  attorney  and,  whether  or 
not an attorney is retained, all court and other collection 
costs,  including  any  amounts  actually  incurred  by  us 
in  recovering  your  Card(s),  to  the  greatest  extent  not 
prohibited by law. 

12.  Refusals to Honor Card. We are not responsible if 
any bank, merchant or other person refuses to honor your 
Card. Except as otherwise required by law or regulations, 
we  will  not  be  responsible  for  merchandise  or  services 
purchased through use of your Card. 

5

 13.  Account Closing Prior to Use; Annual Fee Refund. 
If you elect to close your Account and notify us in writing 
before  you  make  any  charges  for  Purchases  or  Cash 
Advances  to  your  Account  or  pay  any  Fees,  including 
the Annual Fee, you will not be responsible for any Fees, 
including the Annual Fee, or any Interest. In such a case, 
any Fees or Interest charged will be credited back to your 
Account.  (New York  Residents: You  will  not  be  required 
to pay any Fee, including the Annual Fee, or any Interest 
until  after  the  date  that  you  first  sign  a  sales  slip  or 
memorandum.) Except as provided above, to the extent 
not  prohibited  by  law  the Annual  Fee  is  non-refundable 
unless,  in  the  case  of  a  renewal Annual  Fee,  you  sent 
us written notice  of termination  in accordance  with (and 
within the 30 day period specified in) our annual renewal 
notice sent to you prior to your Billing Cycle in which the 
renewal Annual Fee is billed. However, if we close your 
Account for a reason other than at your request and other 
than for your Default, as set forth in Section 11 above, you 
will be entitled to a pro-rata refund of the portion of your 
Annual Fee which corresponds to the remaining portion of 
the annual period for which the Annual Fee was imposed. 

14.  Termination. You  or  we  may  close  your Account  or 
terminate your privileges under this Agreement or cancel 
or limit your privileges to make Purchases or obtain Cash 
Advances  at  any  time,  with  or  without  cause,  subject  to 
applicable  notice  requirements.  If  you  or  we  terminate 
your  Account,  you  promise  that  any  amounts  that 
you owe us at the time of termination, plus any new 
Purchases  or  Cash  Advances,  plus  any  Interest 
Charges, other Finance Charges and other Fees and 
charges that will continue to be imposed at the rates 
and in the amounts specified in this Agreement, will 
be  repaid  according  to  this  Agreement.  You  agree 
that  you  will  not  try  to  make  any  Purchases  or  obtain 
Cash  Advances  after  you  have  been  notified  that  your 
privileges  to  use  your Account  have  been  canceled.  To 
terminate your Account, you must give us written notice 
of  your  intent  to  terminate  your Account  at  the  address 
for inquiries shown on your Billing Statement. Your notice 
of  termination  will  become  effective  as  soon  as  we  can 
reasonably act on it. If you or we close your Account for 
any reason, you authorize us, to the extent not prohibited 
by law, to apply all or any part of your funds in the Deposit 
Account  towards  all  amounts  owed  on  the  Account  or 
otherwise owed under this Agreement, as provided above 
under “Security Interest”. 

15.  Notices.  We  will  send  Billing  Statements  and  any 
other notices to you at the address shown in our files. You 
promise  to  inform  us  promptly  in  writing  of  any  change 
in your address or other contact information. Any written 
notice  from  you  to  us  regarding  this Agreement  or  your 
Account  must  be  sent  to  us  at  First  Progress  Card,  PO 
Box  9053,  Johnson  City,  TN  37615-9053  or  call  us  toll 
free at 1-866-706-5543, or to such other address as we 
may give you, and shall be effective only when received 
by  us  at  such  address.  In  determining  your  last  known 
address,  we  can  accept  address  corrections  received 
from the U.S. Postal Service.

16.  Changes  in  Agreement  Terms.  We  can  change 
any  term  of  this Agreement,  including  the  rate  at  which 
or  manner  in  which  Interest  Charges  or  other  Finance 
Charges  or  Fees  are  calculated,  in  our  sole  discretion, 
upon  such  notice  to  you,  if  any,  as  is  required  by  law. 
Changes  in  Interest  Charges  or  other  Finance  Charges 
or Fees will apply to all new activity on your Account once 
the change is effective, and may apply to your outstanding 
balance when not prohibited by law.

17.  MILITARY  LENDING  ACT:  The  Military  Lending 
Act  (“MLA”)  provides  protections  for  certain  members 
of  the  Armed  Forces  and  their  dependents  (“Covered 
Borrowers”).  The  provisions  of  this  section  apply  to 
Covered Borrowers under the MLA. If you would like more 
information  about  whether  you  are  a  Covered  Borrower 
and whether this section applies to you, please contact us 
at 866-706-5543.

Statement  of  MAPR:  Federal  law  provides  important 
protections  to  members  of  the  Armed  Forces  and  their 
dependents relating to extensions of consumer credit. In 
general, the cost of consumer credit to a member of the 
Armed Forces and his or her dependent may not exceed 
an Annual Percentage Rate of 36%. This rate must include, 
as applicable to the credit transaction or account: (1) the 
costs associated with credit insurance premiums; (2) fees 
for  ancillary  products  sold  in  connection  with  the  credit 
transaction;  (3)  any  application  fee  charged  (other  than 
certain  application  fees  for  specified  credit  transactions 
or accounts); and (4) any participation fee charged (other 
than certain participation fees for a credit card account).

Oral  Disclosures:  In  order  to  hear  important  MLA 
disclosures  and  payment  information,  please  call  888-
491-6612

Covered Borrowers: If you are a Covered Borrower, as 
defined  under  the  MLA,  10  U.S.C.  §  987,  as  amended 
from time to time, (i) the provisions of the ARBITRATION 
PROVISION  below,  (ii)  any  waiver  of  your  right  to  legal 
recourse under any state or federal law and (iii) any other 
provision in this Agreement that is not enforceable against 
you under the MLA, does not apply to you.

18. Arbitration. 
PLEASE READ THIS PROVISION OF THE AGREEMENT 
CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT 
TO  OPT-OUT  OF  ARBITRATION  IN  THE  MANNER 
DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE 
WILL  BE  RESOLVED  BY  BINDING  ARBITRATION. 
ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO 
COURT,  INCLUDING  THE  RIGHT  TO  HAVE  A  JURY 
TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY 
BE  PROVIDED  FOR  IN  THE  ARBITRATION  RULES), 
AND  TO  PARTICIPATE  AS  A  REPRESENTATIVE  OR 
MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY 
CONSOLIDATED ARBITRATION PROCEEDING OR AS 
A  PRIVATE  ATTORNEY  GENERAL.  OTHER  RIGHTS 
THAT YOU  WOULD  HAVE  IF YOU  WENT  TO  COURT 
MAY ALSO BE UNAVAILABLE IN ARBITRATION.

6

  
 
 
Agreement  to  Arbitrate.  You  and  we  agree  that  any 
Dispute  (defined  below)  will  be  resolved  by  Arbitration. 
This  agreement  to  arbitrate  is  governed  by  the  Federal 
Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive 
law of the State of Georgia (without applying its choice-
of-law rules). 

What Arbitration  Is.  “Arbitration”  is  a  means  of  having 
an independent third party resolve a Dispute. A “Dispute” 
is any claim or controversy of any kind between you and 
us. The term Dispute is to be given its broadest possible 
meaning  and  includes,  without  limitation,  all  claims  or 
demands  (whether  past,  present,  or  future,  including 
events that occurred prior to the opening of this Account 
and  whether  or  not  a  credit  card  is  issued),  based  on 
any legal or equitable theory (contract, tort, or otherwise) 
and  regardless  of  the  type  of  relief  sought  (i.e.,  money, 
injunctive relief, or declaratory relief). A Dispute includes, 
by way of example and without limitation, any claim based 
upon  a  federal  or  state  constitution,  statute,  ordinance, 
regulation,  or  common  law,  and  any  issue  concerning 
the  validity,  enforceability,  or  scope  of  this  arbitration 
agreement. 

Opt-Out  of  Arbitration.  You  may  opt-out  or  reject 
arbitration  by  sending  a  notice  (“Rejection  Notice”) 
that  we  receive  within  forty-five  (45)  Business  Days 
after the Effective Date. Any Rejection Notice must be 
signed by you and must include your name, address, 
telephone number and last four digits of the Account 
number. 

Where  to  Send  Notice  to  Opt-out  of Arbitration.  You 
must  mail  the  Rejection  Notice  by  certified  mail  return 
receipt requested or send it by messenger service (such 
as  Federal  Express)  to  us  at  First  Progress  Card,  PO 
Box  9053,  Johnson  City,  TN  37615-9053.  In  the  event 
of  any  dispute  concerning  whether  you  have  provided 
a  Rejection  Notice  within  the  time  permitted,  you  must 
provide a signed receipt confirming that you sent it to us 
in time. This is the only method you can use to reject this 
arbitration provision. 

How  Arbitration  Works.  If  a  Dispute  arises,  the  party 
asserting  the  claim  or  demand  must  initiate  arbitration, 
provided  you  or  we  may  first  try  to  resolve  the  matter 
informally  or  through  customary  business  methods, 
including collection activity. The party filing for arbitration 
must  choose  either  of  the  following  arbitration  firms 
for  initiating  and  pursuing  arbitration:  the  American 
Arbitration Association (“AAA”) or JAMS, The Resolution 
Experts  (“JAMS”)  (collectively  “Administrators”).  If  the 
parties mutually agree, a private party, such as a retired 
judge, may serve as the arbitrator. If you claim you have a 
Dispute with us, but do not initiate for arbitration or select 
an arbitrator, we may do so. You may obtain copies of the 
current rules of each of the arbitration firms and forms and 
instructions for initiating for arbitration by contacting them 
as follows: 

American  Arbitration  Association  335  Madison 
Avenue,  Floor  10  New  York,  NY  10017-4605 
Website: www.adr.org 
JAMS  1920  Main  Street  Suite  300  Irvine,  CA 
92614 Website: www.jamsadr.com 

The  policies  and  procedures  of  the  selected  arbitration 
firm will apply provided such policies and procedures are 
consistent  with  this  arbitration  agreement. To  the  extent 
the arbitration firm’s rules or procedures are different than 
the terms of this arbitration agreement, the terms of this 
arbitration agreement will apply. 

Waiver of Jury Trial and Class Action Waiver. Unless 
you  opt-out  of  arbitration,  which  you  have  the  right 
to  do  as  described  above,  you  are  waiving  your 
right  to  a  jury  trial,  to  have  a  court  decide  your 
Dispute,  to  participate  in  a  class  action  lawsuit  or 
class arbitration, and to certain discovery and other 
procedures that are available in a lawsuit. You and we 
agree that the arbitrator has no authority to conduct 
class-wide  proceedings  and  is  only  authorized  to 
resolve the individual Disputes between you and us. 
The  validity,  effect,  and  enforceability  of  this  waiver 
of  class  action  lawsuit  and  class-wide  arbitration,  if 
challenged, are to be determined solely by a court of 
competent  jurisdiction  and  not  by  the  AAA,  JAMS, 
or  the  arbitrator.  If  such  court  refuses  to  enforce 
the waiver of class-wide arbitration, the Dispute will 
proceed  in  court.  The  arbitrator  has  the  ability  to 
award all remedies available by statute, at law, or in 
equity to the prevailing party including but not limited 
to attorneys fees and costs. 

Starting the Arbitration. Any party to a Dispute, including 
related  third  parties,  may  send  the  other  party  written 
notice by certified mail, return receipt requested, of their 
intent  to  arbitrate  and  setting  forth  the  subject  of  the 
dispute along with the relief requested, even if a lawsuit 
has been filed. 

Selection  of  Arbitrator.  Regardless  of  who  demands 
arbitration,  you  shall  have  the  right  to  select  either  the 
American Arbitration Association or JAMS. Their contact 
information  is  above.  However,  the  parties  may  agree 
to  select  a  local  arbitrator  who  is  an  attorney,  retired 
judge,  or  arbitrator  registered  and  in  good  standing 
with  an  arbitration  association  and  arbitrate  pursuant 
to  such  arbitrator’s  rules.  The  party  receiving  notice  of 
arbitration will respond in writing by certified mail, return 
receipt requested, within twenty (20) days. If you demand 
arbitration,  you  must  inform  us  in  your  demand  of  the 
arbitration  organization  you  have  selected  or  whether 
you  desire  to  select  a  local  arbitrator.  If  related  third 
parties  or  we  demand  arbitration,  you  must  notify  us 
within twenty (20) days in writing by certified mail, return 
receipt  requested,  of  your  decision  to  select  one  of  the 
Administrators or your desire to select a local arbitrator. If 
you fail to notify us, then we have the right to select one of 
the Administrators. In the event that both of the Arbitration 

7

 organizations mentioned above will not appoint someone 
to  serve  as  an  arbitrator  for  the  Dispute  because  these 
organizations no longer administer the type of Dispute or 
otherwise, either party can petition a court of competent 
jurisdiction to have the court appoint the arbitrator. 

What  Rules  Apply  to  the  Arbitration.  The  arbitrator 
shall  apply  applicable  substantive  law  consistent  with 
the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”), 
applicable statutes of limitation, and shall honor claims of 
privilege recognized at law. The parties to such Dispute 
will  be  governed  by  the  rules  and  procedures  of  the 
Administrator  selected  applicable  to  consumer  disputes 
to the extent those rules and procedures do not contradict 
the express terms of this Arbitration Provision, including 
the limitations on the arbitrator in this Arbitration Provision. 
You  may  obtain  a  copy  of  the  rules  and  procedures  by 
contacting the arbitration organization listed above

Other Arbitration Rules. In addition to the parties’ rights 
to obtain discovery pursuant to the applicable arbitration 
rules,  either  you  or  us  may  submit  a  written  request  to 
the arbitrator to expand the scope of discovery normally 
allowed  under  the  rules  of  the  Administrator  selected. 
The  arbitrator  shall  have  discretion  to  grant  or  deny 
such request. The arbitrator may decide, with or without 
a  hearing,  any  motion  that  is  substantially  similar  to  a 
motion to dismiss for failure to state a claim or a motion 
for  summary  judgment.  In  conducting  the  arbitration, 
the  arbitrator  shall  not  apply  any  federal  rules  of  civil 
procedure or evidence. 

Payment of Arbitration Fees. If you demand arbitration, 
then  at  your  request  we  will  pay  your  portion  of  the 
expenses  associated  with  the  arbitration,  including  the 
fling,  administrative,  hearing  and  arbitrator’s  fees  but 
not  attorneys’  fees  or  costs  (collectively  the  “Arbitration 
Fees”). If related third parties or we demand arbitration, 
then at your written request we will pay your portion of the 
Arbitration  Fees.  Throughout  the  arbitration,  each  party 
shall bear his or her own attorneys’ fees and expenses, 
such  as  witness  and  expert  witness  fees  provided  that 
we will pay your attorney’s fees and costs if the arbitrator 
determines  that  under  the  law  we  are  required  to  pay 
them. 

Location  of Arbitration. The  arbitration  hearing  will  be 
conducted  in  the  county  of  your  residence,  within  30 
miles from such county, or in such other place as shall be 
ordered by the arbitrator. 

Survival. This arbitration provision shall survive: 
(1) termination or changes to this Agreement, the Account, 
or  the  relationship  between  you  and  us  concerning  the 
Account; 
(2) the bankruptcy of any party; and 
(3) any transfer, sale, or assignment of your Account, or 
any amounts owed on your Account, to any other person 
or entity. 

Applicable Law and Review of Arbitrator’s Award. 

The arbitrator shall apply applicable federal and Georgia 
substantive  law  and  the  terms  of  this  Agreement. 
The  arbitrator  must  apply  the  terms  of  this  arbitration 
agreement,  including  without  limitation  the  waiver  of 
class-wide  arbitration.  The  arbitrator  shall  make  written 
findings and the arbitrator’s award may be fled with any 
court  having  jurisdiction.  The  arbitration  award  shall 
be  supported  by  substantial  evidence  and  must  be 
consistent  with  this Agreement  and  with  applicable  law, 
and if it is not, it may be set aside by a court. The parties 
shall  have,  in  addition  to  the  grounds  referred  to  in  the 
Federal  Arbitration  Act  (“FAA”)  for  vacating,  modifying, 
or correcting an award, the right to judicial review of (a) 
whether the findings of fact rendered by the arbitrator are 
supported  by  substantial  evidence,  and  (b)  whether  the 
conclusions  of  law  are  erroneous  under  the  substantive 
law  of  the  State  of  Georgia  and  applicable  federal  law. 
Judgment  confirming  an  award  in  such  a  proceeding 
may be entered only if a court determines that the award 
is  supported  by  substantial  evidence  and  is  not  based 
on  legal  error  under  the  substantive  law  of  the  State  of 
Georgia and applicable federal law. 

19. Law that Applies to this Agreement. This Agreement 
is entered into between you and us in Georgia, and our 
decisions  regarding  the  extension  of  credit  to  you  are 
made in Georgia. Federal and Georgia law (other than its 
internal conflict of laws rules) will apply to any controversy, 
claim,  or  Dispute  arising  from  or  relating  in  any  way  to 
the  subject  matter  of  this Agreement  and  your Account, 
including, without limitation, statutory, equitable, and tort 
claims.

20. Binding Effect. This Agreement is binding upon and 
enforceable against your heirs, legal representatives, and 
successors. 

21.  Severability.  If  any  provision  of  this  Agreement, 
including  any  portion  of  the  arbitration  agreement  set 
forth above in Section 17, is determined to be invalid or 
unenforceable under any rule, law, or regulation, including 
the  Military  Lending  Act.  The  validity  or  enforceability 
of  any  other  provision  of  this  Agreement  shall  not  be 
affected,  and  in  lieu  of  such  invalid  or  unenforceable 
provision  there  shall  be  added  automatically,  as  part  of 
this Agreement,  a  provision  as  similar  in  terms  as  may 
be  valid  and  enforceable,  if  possible.  Notwithstanding 
the  foregoing,  if  a  class  action  litigation  or  a  class-wide 
arbitration  is  permitted  for  any  reason,  either  party  may 
require that the entire Dispute, as defined in Section 17 
above, be heard by a judge, sitting without a jury, under 
applicable court rules and procedures. 

22. Foreign Currency Conversion Rate. If you effect a 
transaction at a merchant that settles in a currency other 
than U.S. dollars, MasterCard will convert the charge into 
a U.S. dollar amount. MasterCard’s currency conversion 
procedure includes use of either a government-mandated 
exchange rate, or a wholesale exchange rate selected by 
MasterCard,  and  the  government-mandated  exchange 
rate or wholesale  exchange  rate MasterCard  uses for a 

8

 particular  transaction  is  the  rate  MasterCard  selects  for 
the  applicable  currency  on  the  day  the  transaction  is 
processed,  which  may  differ  from  that  applicable  to  the 
date the transaction occurred or when it is posted to the 
cardholder’s Account.

23.  Credit  Reporting  Information.  Because  you  have 
requested  a  Card,  we  are  entitled  under  applicable 
law,  including  the  Fair  Credit  Reporting  Act,  to  obtain 
information  about  you  from  a  credit  reporting  agency. 
We  may  also  verify  your  credit  references  and  other 
information that you provide to us. We may obtain updated 
or  additional  information  about  you,  including  consumer 
reports,  from  time  to  time  for  any  legitimate  purpose 
including,  but  not  limited  to,  the  extension  of  credit  to 
you  or  the  review  or  collection  of  your Account.  We  will 
report information about your account to credit bureaus. 
Late  payments,  missed  payments,  or  other  defaults  in 
your account may be reflected in your credit report. If you 
believe that our report is inaccurate or incomplete, please 
write us at the following address: First Progress Card, PO 
Box 9053, Johnson City, TN 37615-9053. 

24.  Call  Monitoring/Recording.  You  authorize  us  and 
any  third  party  servicing  your  Account  to  listen  to  and 
record telephone calls between you and us and telephone 
calls between you and any third party service provider, in 
order  to  evaluate  the  quality  of  service  or  for  any  other 
lawful purpose.   

25.  Servicing Account. You  authorize  us  or  any  of  our 
agents to contact you at any of the telephone numbers you 
have listed on your credit application or any other number 
you provide to us, including a ported landline, regarding 
payments  due  or  other  information  about  your Account. 
You authorize us to leave a message with a person or on 
a voice mail service that answers the numbers you have 
provided to us. You also authorize us to send U.S. postal 
mail or email to the addresses you provide to us on your 
credit application or otherwise. We can also contact other 
persons you have listed on your credit application to find 
out information about you and how to contact you in the 
event we are unsuccessful in contacting you as described 
above. If you have agreed to accept text messages from 
us on your mobile, cellular telephone or similar devices, 
we can contact you using text messages. You authorize 
us  to  call  using  an  automated  telephone  dialing  system 
and/or prerecorded messages. You also authorize us to 
send you emails to any address where we can reasonably 
believe we can contact you. You may be charged by your 
wireless provider to receive text messages. 

26.  Other  Services.  You  understand  that  from  time 
to  time  we  may  partner  with  third  parties  to  offer  you 
additional 
features,  services  and  enhancements, 
including,  but  not  limited  to,  credit  protection,  credit  life, 
disability  or  unemployment  insurance,  common  carrier 
travel insurance, credit card registration for lost or stolen 
credit  cards,  emergency  cash  service,  address  change 
service, and other travel related services. You understand 
that  we  are  not  liable  for  these  features,  services,  and 

enhancements,  and  they  are  the  sole  responsibility  of 
the  third  parties.  You  agree  to  hold  us  harmless  from 
any claims, actions, or damages resulting from your use 
of  any  of  these  features,  enhancements,  or  services, 
when permitted by applicable law. If you elect any of the 
foregoing, you authorize us to charge the premium or fee 
to the Account as a Purchase. 

27. Sale/Assignment/Transfer. We may sell, assign, or 
transfer all or any portion of your Account or any balances 
due under your Account without prior notice to you. You 
may not sell, assign, or transfer your Card or your Account 
or any of your obligations under this Agreement. 

28.  Entire  Agreement.  This  Agreement,  including  the 
accompanying  Summary  of  Terms,  together  with  your 
Application, constitutes the final and complete expression 
of the credit agreement between you and us relating to your 
Account and supersedes and may not be contradicted by 
evidence of any prior, contemporaneous, or subsequent 
oral credit agreement between you and us relating to your 
Account. 

29.  USA  Patriot  Act.  To  help  the  government  fight  the 
funding  of  terrorism  and  money  laundering  activity, 
Federal  law  requires  all  financial  institutions  to  obtain, 
verify and record information that identifies each person 
who opens an Account. 

What  this  means  to  you:  When  you  open  an Account 
we  will  ask  you  for  your  name,  address,  social  security 
number, date of birth and other information that will allow 
us to identify you. 

30.  How  to  Contact  Us.  For  general  inquiries  we  can 
be  reached  in  writing  at:  First  Progress  Card,  PO  Box 
9053,  Johnson  City,  TN  37615-9053.  Or,  you  can  call 
our  Customer  Service  Department  at  1-866-706-5543. 
Payments should be mailed to the address listed on your 
Billing Statement. 

Your  Billing  Rights:  Keep  this  Document  for  Future 
Use 
This  notice 
responsibilities under the Fair Credit Billing Act. 

tells  you  about  your  rights  and  our 

What To Do If You Find a Mistake on Your Statement 
If you think there is an error on your statement, write to 
us at: 

Synovus Bank 
PO Box 9053, Johnson City, TN 37615-9053 

In your letter, give us the following information:
•   Account information: Your name and the last four digits 
of the 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. 

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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. 

You must notify us of any potential errors in writing. You 
may call us, but if you do we are not required to investigate 
any potential errors and you may have to pay the amount 
in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must 
tell  you  that  we  received  your  letter.  We  will  also  tell 
you if we have already corrected the error. 
2.  Within 90 days of receiving your letter, we must 
either correct the error or explain to you why we believe 
the bill is correct. 

While  we  investigate  whether  or  not  there  has  been  an 
error: 
• We cannot try to collect the amount in question, or report 
you as delinquent on that amount. 
• The charge in question may remain on your statement, 
and  we  may  continue  to  charge  you  interest  on  that 
amount. 

• While you do not have to pay the amount in question, 
you are responsible for the remainder of your balance.
•  We  can  apply  any  unpaid  amount  against  your  credit 
limit. 

After  we  finish  our  investigation,  one  of  two  things  will 
happen: 

• 
If  we  made  a  mistake:  You  will  not  have  to  pay  the 
amount in question or any interest or other fees related to 
that amount. 

• 
If we do not believe there was a mistake: You will have 
to  pay  the  amount  in  question,  along  with  applicable 
interest  and  fees.  We  will  send  you  a  statement  of  the 
amount you owe and the date payment is due. We may 
then report you as delinquent if you do not pay the amount 
we think you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill 
is  wrong,  you  must  write  to  us  within  10  days  telling 
us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot 
report  you  as  delinquent  without  also  reporting  that  you 
are  questioning  your  bill.  We  must  tell  you  the  name  of 
anyone to whom we reported you as delinquent, and we 
must let those organizations  know when  the matter has 
been settled between us. 

If we do not follow all of the rules above, you do not have 
to  pay  the  first  $50  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:

Synovus Bank 
PO Box 9053, Johnson City, TN 37615-9053  

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. 

STATE NOTICES 
SERVICE  CHARGES  NOT  IN  EXCESS  OF  THOSE 
PERMITTED  BY  LAW  WILL  BE  CHARGED  ON  YOUR 
OUTSTANDING BALANCE FOR EACH BILLING CYCLE. 

YOU  MUST  MAINTAIN  A  DEPOSIT  ACCOUNT  AS 
SECURITY FOR THIS CREDIT CARD ACCOUNT, AND 
SHALL  GRANT  US  A  SECURITY  INTEREST  IN  THIS 
DEPOSIT ACCOUNT. 

CALIFORNIA  RESIDENTS:  A  married  applicant  may 
apply for a separate account. 

CALIFORNIA  AND  NEVADA  RESIDENTS:  Pursuant 
to  this  Agreement,  interest  is  compounded  on  unpaid 
amounts. 

MARYLAND  RESIDENTS:  Finance  Charges  will  be 
imposed  in  amounts  or  at  rates  not  in  excess  of  those 
permitted by law. You have the right under Section 12-510 
of the Commercial Law Code to receive an answer to a 
written inquiry concerning the status of your account. 

NEW JERSEY RESIDENTS: Because certain provisions 
of this Agreement are subject to applicable law, they 

10

  
 
 
 
 
 
 
 
 
 
may  be  void,  unenforceable  or  inapplicable  in  some 
jurisdictions. None of these provisions, except for clause 
(g)  of  Section  11,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

OHIO RESIDENTS: The Ohio laws against discrimination 
require  that  all  creditors  make  credit  equally  available 
to  all  credit  worthy  customers,  and  that  credit  reporting 
agencies  maintain  separate  histories  on  each  individual 
upon request. The Ohio civil rights commission administers 
compliance with this law. 

NOTICE TO THE BUYER

1.  DO  NOT  SIGN  THIS  CREDIT  AGREEMENT  
  BEFORE  YOU  READ  IT  OR  IF  IT  CONTAINS  
  ANY BLANK SPACES.
2.  YOU  ARE  ENTITLED  TO  A  COMPLETELY  
FILLED IN COPY OF THIS CREDIT AGREEMENT.
3.  YOU MAY AT ANY TIME PAY MORE THAN THE  
  MINIMUM  PAYMENT,  OR  YOUR  ENTIRE  
  BALANCE IN FULL WITHOUT INCURRING ANY  
  ADDITIONAL CHARGE FOR PREPAYMENT. 

INSTALMENT 

NEW  YORK  RESIDENTS:  RETAIL 
CREDIT AGREEMENT 
CARDHOLDER:  Your  signature 
(including  any 
electronic or digital signature) on any Application or 
on any sales slip or other evidence of indebtedness 
on your Account or any action that you may take to 
begin a transaction represents your signature on this 
Agreement. 

11

  
Interest”  section  of  the  Cardholder  Agreement  have 
been satisfied. You are not permitted to initiate electronic 
transfers to or from the Deposit Account. Each obligor (if 
there are more than one) (until we receive written notice 
to  the  contrary)  authorizes  each  other  obligor  signing 
the Cardholder Agreement to endorse any item payable 
to an obligor or obligor’s order for deposit to the Deposit 
Account or any other transaction with us. 

AMENDMENTS AND TERMINATION – We may change 
any term of this Deposit Agreement at any time by giving 
you reasonable notice in writing or by any other method 
permitted by law. We may also return your Deposit at any 
time  upon  reasonable  notice  to  you  and  tender  of  the 
Deposit balance personally or by mail. Notice from us to 
any one of you is notice to all of you.

STATEMENTS – We will not send you statements for the 
Deposit in the Deposit Account.

ACCOUNT  TRANSFER  –  This  account  may  not  be 
transferred without our prior written consent. 

TRUTH IN SAVINGS DISCLOSURE

Minimum Balance Requirements

To open the account. You must deposit at least $200.00 
to open this account. 

Transaction Limitations
After  your  initial  deposit,  subsequent  deposits  into  your 
Deposit Account may be made only (i) with our express 
approval  and  (ii)  by  paper  check  mailed  to  us  at  the 
address  we  specify  at  the  time  of  approval.  A  deposit 
will not be reflected in your Deposit Account until we are 
assured  that  the  deposit  has  not  been  dishonored. This 
payment  hold  may  take  up  to  ten  (10)  days.  You  may 
not withdraw or transfer funds from the Deposit Account 
other than by our refund to you of any amounts of your 
Deposit  remaining  in  the  Deposit  Account,  after  your 
Secured Credit Card Account is closed and all amounts 
you  owe  on  that  Account  or  otherwise  owe  under  the 
Cardholder Agreement are paid in full and the time period 
restrictions provided for in the “Security Interest” section 
of  the  Cardholder  Agreement  have  been  satisfied.  You 
are not permitted to initiate electronic transfers to or from 
the Deposit Account.

DEPOSIT AGREEMENT 

The Terms and Conditions and Truth in Savings Disclosure 
which  follow  below  contain  the  rules  which  control  your 
“Deposit”  in  the  “Deposit  Account”,  as  those  terms  are 
defined  in  the  MasterCard®  First  Progress  Cardholder 
Agreement  (“Cardholder Agreement”)  applicable  to  your 
First Progress secured credit card account (the “Secured 
Credit  Card  Account”),  and  together  with  any  other 
documents  we  give  you  pertaining  to  your  Deposit,  are 
a  contract  that  governs  your  Deposit  with  us  (“Deposit 
Agreement”).  Please  read  this  carefully.  If  you  sign  the 
Deposit  Agreement  or  open  or  continue  to  have  your 
Deposit  or  Secured  Credit  Card  Account  with  us,  you 
agree  to  these  rules.  If  you  have  any  questions,  please 
call us.

TERMS AND CONDITIONS

Unless  it  would  be  inconsistent  to  do  so,  words  and 
phrases  used  in  this  Deposit  Agreement  should  be 
construed so that the singular includes the plural and the 
plural  includes  the  singular.  In  this  Deposit  Agreement 
“we”,  “us”  and  “our”  refer  to  Synovus  Bank,  Columbus, 
Georgia.

Your Deposit will be held in a comingled Deposit Account 
with us that is FDIC insured to the extent permitted by law. 
These  terms  and  conditions  that  apply  to  your  Deposit 
and the Deposit Account are in addition to the terms and 
conditions set forth in your Cardholder Agreement.
This  Deposit Agreement  is  subject  to  applicable  federal 
laws and the laws of the State of Georgia (except to the 
extent  that  this  Deposit  Agreement  can  and  does  vary 
such  rules  or  laws).  If  any  provision  of  this  document 
is  found  to  be  unenforceable  according  to  its  terms,  all 
remaining provisions will continue in full force and effect.

INTEREST  ON  DEPOSIT  –  Interest  will  not  be  paid  on 
your Deposit.

DEPOSITS  –  We  will  give  only  provisional  credit  until 
collection is final for any items, other than cash, we accept 
for deposit (including items drawn “on us”). Deposits must 
be  from  a  U.S.  funding  source  payable  in  U.S.  Dollars. 
We are not responsible for transactions by mail or outside 
depository  until  we  actually  record  them.  We  will  treat 
and record all transactions received after our “daily cutoff 
time” on a Business Day we are open, or received on a 
day  we  are  not  open  for  business,  as  if  initiated  on  the 
next following Business Day that we are open.

WITHDRAWALS – You may not withdraw or transfer funds 
from the Deposit Account other than by our refund to you 
of any amounts of your Deposit remaining in the Deposit 
Account after your Secured Credit Card Account is closed 
and  all  amounts  you  owe  on  that Account  or  otherwise 
owe under the Cardholder Agreement are paid in full and 
the time period restrictions provided for in the “Security

12