Webbank 

Yamaha Credit Card aCCount 
PriCing information 

Interest Rates and Interest Charges
Annual Percentage 
Rate (APR) for  
Purchases

How To Avoid  
Paying Interest On  
Purchases

Minimum Interest 
Charge
For Credit Card 
Tips from the  
Consumer Financial 
Protection Bureau

15.99% - 23.99% based on your credit-
worthiness.  See your Important Disclosure  
Insert for the APR that applies to your Account.
Your due date is at least 25 days after the close of 
each Billing Cycle.  We will not charge you interest 
on purchases if you pay your entire balance by 
the due date each month.
If you are charged interest, the 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.

Fees
Annual Fee
Penalty Fees

None.

•  Late Payment

Up to $35.

•  Returned Payment

Up to $25.

How  We  Calculate  Your  Balance.    We  use  a  method  called  “average  
daily  balance  (excluding  new  purchases).”    If  your Account  is  subject  to 
a grace period during the billing cycle, payments made during that billing 
cycle  will  be  subtracted  from  your  daily  balances  during  that  cycle.  For  
additional information, see the “Interest Charges” section of the Agreement. 

Security Interest.  We take a security interest in the goods you purchase 
with your Card.

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Billing Rights.  Information on your rights to dispute transactions and how 
to exercise those rights is provided in the “Your Billing Rights” section of 
this Agreement.

The above APRs were in effect on September 1, 2016.  If you are approved, 
you will receive an Important Disclosures Insert that includes the APR that 
applies to your Account.  To find out any changes before applying, contact 
us at P.O. Box 84240, Sioux Falls, SD 57118 or 1-877-327-7310.

arbitration

This  WebBank  Yamaha  Credit  Card  Account  Customer  Agreement  
contains  an  Arbitration  Provision.  The  Arbitration  Provision  is  
contained in Section 36.  Please read the Arbitration Provision carefully. 
Unless  you  send  us  the  rejection  notice  described  in  the  Arbitration  
Provision, the Arbitration Provision will apply to you.

imPortant information 
about ProCedureS for oPening a neW aCCount

To help the government fight the funding of terrorism and money launder-
ing activities, Federal law requires all financial institutions to obtain, verify, 
and record information that identifies each person who opens an account.  
What this means for you: When you open an account, we will ask for your 
name,  address,  date  of  birth,  and  other  information  that  will  allow  us  to 
identify you.  We may also ask to see your driver’s license or other identi-
fying documents.

imPortant information about Credit rePorting

We  may  report  information  about  your  Account  to  credit  bureaus. 
Late payments, missed payments, or other defaults on your Account may be 
reflected in your credit report.

State-SPeCifiC information

NOTICE FOR CALIFORNIA RESIDENTS: Applicants may, after credit 
approval, use the credit card account up to its credit limit and be liable for 
amounts extended under the plan to any joint applicant.  If you are married, 
you may apply for credit in your own name.

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NOTICE FOR OHIO RESIDENTS: Ohio anti-discrimination laws require 
creditors to make credit equally available to all creditworthy customers and 
that credit reporting agencies maintain separate credit histories on individuals 
upon request.  The Ohio Civil Rights Commission administers these laws.

NOTICE  FOR  NEW  YORK  AND  VERMONT  RESIDENTS:  
WebBank  may  obtain  at  any  time  your  credit  reports,  for  any  legitimate 
purpose  associated  with  the  account  or  the  application  or  request  for  an 
account, including but not limited to reviewing, modifying, renewing and 
collecting on your account.  On your request, you will be informed if such 
a report was ordered.  If so, you will be given the name and address of the 
consumer reporting agency furnishing the report.  

NOTICE  FOR  NEW  YORK  RESIDENTS:    New  York  residents  may 
contact the New York State Department of Financial Services by telephone 
or  visit  its  website  for  free  information  on  comparative  credit  card  rates, 
fees and grace periods.  New York State Department of Financial Services: 
1-877-226-5697 or http://www.dfs.ny.gov.

NOTICE  FOR  MARRIED  WISCONSIN  RESIDENTS:  No  provision 
of any marital agreement, unilateral statement, or court order applying to 
marital property will adversely affect a creditor’s interests unless prior to 
the time credit is granted, the creditor is furnished with a copy of the agree-
ment, statement or court order, or has actual knowledge of the provision.  If 
you are married, by submitting your credit card application you are confirm-
ing that this credit card obligation is being incurred in the interest of your 
marriage and your family.  If the credit card for which you are applying is 
granted, you will notify the Bank if you have a spouse who needs to receive 
notification that credit has been extended to you.

NOTICE  FOR  DELAWARE  RESIDENTS:  Service  charges  not  in  ex-
cess of those permitted by law will be charged on the outstanding balances 
from month to month.

PROGRAM TERMS: By applying for this Account issued by WebBank 
you understand that you may not be approved if: 

•  You provide only a P.O. Box and not a street address.
•  The application is missing required information, or the information  

you provide cannot be verified.

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•  Your address is outside the United States.

•  You are under 18 or under the age of majority in any state where  

the age of majority is higher than 18.

•  You do not have a valid Social Security Number or Individual Tax-  

payer	Identification	Number.

All  credit  is  granted  and  all  Accounts  are  owned  by  WebBank.  
This Account is subject to approval by WebBank.

iv

 
 
	
Webbank

Yamaha Credit Card aCCount  
CuStomer agreement

Section 1. 

About the credit cArd Account Agreement.

This WebBank Yamaha Credit Card Account Customer Agreement 
(“Agreement”)  is  between  you  and  WebBank,  a  Utah-chartered,  FDIC 
insured  bank  having  its  principal  office  at  215  S.  State  Street,  Suite 
1000, Salt Lake City, UT 84111.  There are two parts to this Agreement:   
WebBank Yamaha Credit Card Account Pricing Information including your 
Important Disclosure Insert and the WebBank Yamaha Credit Card Account 
Customer Agreement.  WebBank will open an Account and issue a Card(s) 
that may only be used at dealers participating in the Yamaha Motor Finance 
Corporation U.S.A. (“Yamaha”) financing programs and Yamaha or Yamaha 
affiliates’ e-commerce websites to purchase goods and services.  By opening 
your Account, signing your Card or using your Account, you agree to the 
terms of the Agreement with WebBank including any changes, amendments 
or supplements to it.

Section 2. 

definitionS.

The meanings of the capitalized terms used in the Agreement appear 

in the “Glossary” (Section 35 of this Agreement).

As used here, “you” and “your” mean each applicant and co-applicant 
approved  on  the Account;  any  person  responsible  for  paying  the Account; 
any Authorized  User;  and  any  person  responsible  for  complying  with  this 
Agreement.  “We,” “us,” “our,” and “WebBank” mean WebBank.

Section 3. 

Account documentS.

The following documents govern your Account with us:

1. 

2. 

3. 

4. 

this Agreement;

all Statements;

any Privacy Notices;

all disclosures and materials provided to you before 

or when you opened your Account;

5. 

any other documents and disclosures relating to your  
Account, such as those provided during the application process at 
the dealer and when you use your Account including those regarding  
Promotional Credit Plans; and
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6.  any future changes we make to any of the above.

Please read all of these carefully and keep them for future reference.

Section 4. 

Account informAtion.

information  about  you 

We  need 
to  approve  and  manage  your 
Account.  This includes the information requested on your application.  You 
agree to tell us when this information changes and respond to our requests 
for information or additional documents to verify any information.  We may 
restrict or close your Account if we cannot verify your information, or if 
you do not provide it as requested.

Section 5. 

uSe And ShAring of informAtion About You.

When  you  applied  for  an  Account,  you  gave  us,  Yamaha  and  our/their  
affiliates information about yourself that we could share with each other.  
Yamaha  and  its  affiliates  will  use  the  information  in  connection  with  the 
credit  program  and  for  things  like  creating  and  updating  its  records  and  
offering  you  special  benefits.    More  information  about  how  we  use  and 
share information is set forth in the Privacy Notices for your Account which 
you receive with your application package.

Section 6. 

credit LimitS.

When  you  open  your Account,  we  will  tell  you  your  credit  limit.  
This will also appear on your Statement.  We may also refer to your credit 
limit as your credit line.

You  are  responsible  for  keeping  track  of  your  balance  and  your 
available  credit.  You  must  manage  your  Account  to  remain  below  your 
credit limit. We may honor transactions above your credit limit, but if we do 
these transactions will not increase your credit limit.  You are responsible 
for paying for any transaction you make above your credit limit.

We may also increase, decrease, restrict or cancel your credit limit 
at  any  time  in  accordance  with  applicable  law.   This  will  not  affect  your 
obligation to pay us.

Section 7. 

uSing Your Account.

1. 

This Agreement applies whether or not you use your Card or 
Account.  It will continue to apply even after your Account is closed, 
as long as you have a balance.

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2.  You must sign the Card immediately when you receive it. 

3.  You must return the Card to us or destroy it if we ask you to.

4.  You must take reasonable steps to prevent the unauthorized 

use of your Card and Account.

5.  We  may  decline  to  authorize  a  transaction  for  any  reason.  
This may occur even if the transaction would not cause you to go over 
your credit limit or your Account is not in default.

6.  We are not responsible for any losses you incur if we do not 

authorize a transaction.

7.  We  are  not  responsible  for  any  losses  you  incur  if  anyone 

refuses to accept your Card for any reason.

8.  You must not use, or try to use, the Card for any illegal ac-

tivity.  You are responsible for any charges if you do.

9.  We  are  not  liable  for  any  losses  that  may  result  when  our 

services are unavailable due to reasons beyond our control.

Section 8. 

PromotionAL credit PLAnS.

From  time  to  time,  we  may  offer  one  or  more  Promotional 
Credit Plans for certain transactions prior to or at the time of your purchase.  
The terms of this Agreement apply to Promotional Credit Plans. Howev-
er, the terms of the promotional offer and the special Promotional Credit 
Plan may be different from the standard terms of your Account and will be 
explained in other materials and disclosures provided to you at the time you 
make your purchase.  You accept the promotional terms of those materials 
and disclosures when you make the purchase.  Only certain purchases may 
be eligible for Promotional Credit Plans. The amount of your credit limit 
available for Promotional Credit Plans may be limited.  Offers are subject 
to  credit  approval.    These  plans  may  have  special  interest  terms,  special 
repayment terms (including minimum payments) and a limited or specified 
promotion period when the special promotional terms apply.  Unless otherwise 
specified with respect to a Promotional  Credit  Plan,  upon  termination  or 
expiration of the promotion period your Promotional Credit Plan terms 
will end and all Regular Credit Plan terms will apply. Regular purchases 
that  are  not  subject  to  Promotional  Credit  Plan  terms  are  part  of  your 
Regular Credit Plan.  Special Promotional Credit Plans are not available 
at all times for all purchases.  Please see any special promotional materials 
or disclosures for additional terms that will apply to the promotion offered.

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Section 9. 

SecuritY intereSt.

As security for the payment of your Account balance, you grant us 
a  purchase  money  security  interest  (“Security  Interest”)  in  the  following 
items financed using your Account:

  1. 

any goods you buy using your Account; and

  2. 

all  insurance  contracts  and  proceeds,  returned 
premiums,  mechanical  failure  and  extended  service  contracts,  and 
refunds of charges for mechanical failure and extended service contracts.

Each good you buy using your Account:

  1. 

secures  your  entire Account  balance  and  any  other 

amounts owed under this Agreement; and

  2.  may  be  taken  from  you  if  you  do  not  pay  on  time 
or  are  otherwise  in  default  as  described  in  the  “Account  Default” 
section of this Agreement.

To  decide  when  a  good  is  paid  in  full  and  no  longer  subject  to  a 
Security Interest, your payments will be applied as described in the “How 
We Apply Your Payments” section of this Agreement.  Once you have fully 
paid for any good, we will release our Security Interest in that good.

If  we  take  or  attempt  to  take  possession  of  any  good,  we  may 
charge you our costs and may require you to make the good available at a 
convenient place of our choice as allowed by law.  Our costs may be related to:

  1. 

attempting to or repossessing the good;

  2. 

repairing the good;

  3. 

storing the good;

  4. 

selling the good; or

  5. 

any other costs allowed by law.

Section 10. 

Joint AccountS

If  this  is  a  joint  account,  each  of  you  is  responsible  individually 
and together for all amounts owed.  Each of you is responsible even if the 
Account is used by only one of you.  You will continue to be liable for the 
entire balance of the Account, even if your joint accountholder is ordered by 
a court to pay us.  Your Account status will be reported to the credit bureau 
under each of your names.  We will send a Statement to a single name and 

4

address.  The delivery of notices or Statements to either of you serves as 
delivery to each of you.  We may rely on instructions given by either of you.  
We are not liable to either of you for relying upon such instructions.

Section 11. 

Authorized uSerS.

If you ask us to issue a Card to any person other than a joint account 
holder, they are an Authorized User.  We may require certain information about 
them  and  you  should  let  them  know  that  you  are  sharing  their  information 
with us.  We may limit their ability to use your Card.  They may have access 
to certain information about your Account.  You will be responsible for their 
use of the Account and anyone else they allow to use your Account, even if 
you did not want, or agree to, that use.  We may report information about your 
Authorized User(s) to consumer reporting agencies.  See the “Credit Reports” 
section of this Agreement.

Section 12. 

removing An Authorized uSer.

If you want to remove an Authorized User from your Account, you 
must contact Customer Service at 1-877-327-7310 and request their removal.  
You also must immediately destroy all Cards in their possession and cancel 
any arrangements they may have set up on your Account.  They will be able 
to use your Account until you have notified us that you are removing them 
from your Account.  During this time, you will still be responsible for all 
amounts they charge to your Account.  You will be responsible even if these 
amounts do not appear on your Account until later.

Section 13. 

Your PromiSe to PAY.

You  promise  to  pay  us  all  amounts  due  on  your  Account.    This 
includes amounts where you did not sign a purchase slip or other documents 
for the transaction.  We will treat transactions made without presenting your 
Card (such as for mail, telephone, Internet, or mobile device purchases) the 
same as if you used the Card in person.  If you let someone else use your 
Card or Account, you are responsible for all transactions that person makes.

Section 14. 

StAtementS.

We  will  send  or  make  available  to  you  one  Statement  for  your 
Account  at the  end  of each  Billing Cycle. You must notify us at P.O. Box 
84240,  Sioux  Falls,  SD  57118  or  1-877-327-7310  of  a  change  in  your 
address. Under certain circumstances, the law may not require us to send or 
make available to you a Statement, or may prohibit us from doing so. In such 
circumstances, we may continue to add interest and fees as permitted by law.

5

Section 15. 

DiSputeD tranSactionS.

You should inspect each Statement you receive and tell us about any 
errors or questions you have, as described in the “Billing Rights Summary” 
on your Statement and in this Agreement.

If we credit your Account for all or part of a disputed transaction, 
you give us all of your rights against others regarding that transaction.  You 
will also:

  1. 

give us any information about the disputed transaction, 

if we ask;

  2. 

not  pursue  (or  cease  your  current  pursuit  of)  any 
claim  or  reimbursement  of  the  transaction  amount  from  the 
merchant or any other person; and

  3. 

help us get reimbursement from others.

Section 16. 

no WarrantieS.

We are not responsible for any claim you may have regarding the 
purchase  of  goods  or  services  made  with  your  Card  beyond  your  rights 
described in the “Billing Rights Summary” on your Statement and in this 
Agreement.

Section 17. 

LoSt or StoLen carD.

If your Card is lost or stolen or if you think someone else may be 
using your Card or Account without your permission, you must contact us at 
1-877-327-7310 immediately.  You will not be responsible for transactions 
on your Account that we find are unauthorized.

If we reimburse you for unauthorized transactions, you will help us 
investigate, pursue and get reimbursement from the wrongdoer.  Your help 
includes giving us documents in a form that we request.

Section 18. 

intereSt chargeS.

We  use  a  method  called  Average  Daily  Balance  (excluding  new 

purchases) to calculate the Interest Charges.  

  1. 

First, for each day in the Billing Cycle for each Credit 
Plan we take the beginning balance each day and add in the periodic 
Interest Charge on the previous day’s balance.  Then we subtract any 
payments (including any credits) for that Credit Plan as described in 

6

the “How We Apply Your Payments” Section on the date it is cred-
ited to your Account.  The result is the daily balance for each Credit 
Plan.

  2.  Next, for each Credit Plan, we add the daily balances 
together and divide the sum by the number of days in the Billing 
Cycle.  The result is the Average Daily Balance for each Credit Plan.

  3.  At the end of each Billing Cycle, we multiply your 
Average Daily Balance for each Credit Plan by the daily periodic rate 
for that Credit Plan, and then we multiply the result by the number of 
days in the Billing Cycle.

  4.  We  add  the  Interest  Charges  for  all  Credit  Plans 
together.  The result is your total Interest Charge for the Billing Cycle.

New purchases are part of the Account balance on the transaction 
date  but  when  we  calculate  daily  balances  for  the  purpose  of  computing 
Interest Charges, we do not add any new purchases made during the billing 
cycle until the first day of the new billing cycle following the date of the 
purchase.  Due to rounding or a minimum Interest Charge, this calculation 
may vary slightly from the Interest Charge actually assessed.

The  daily  periodic  rate  that  is  used  to  determine  your  Interest 
Charges  for  each  Credit  Plan  is  1/365th  of  your Annual  Percentage  Rate 
(APR) for such Credit Plan. 

Unpaid  Interest  Charges  are  added  to  the  balance  of  each  corre-
sponding Credit Plan of your Account.  We will charge Interest Charges 
and Fees to your Account as disclosed in your Important Disclosure In-
sert, promotional material for Promotional Credit Plans  and your State-
ment. In general, Interest Charges begin to accrue from the date of a pur-
chase until paid in full.  If you paid your Regular Purchase Plan balance in 
full and you made the Minimum Payment due on any Promotional Credit 
Plans by the due date on your prior Statement, then (1) if you again pay 
your Regular Purchase Plan balance in full and you make the Minimum 
Payment due on any Promotional Credit Plans by the due date on your current 
Statement, we will not charge you any new Interest Charges on new purchases 
during the current Billing Cycle, and (2) if you pay at least your Minimum 
Payment  due  for  the  current  Billing  Cycle  but  less  than  the  amount 
described in clause (1), we will treat your payment as if it was made on the first 
day of the current Billing Cycle when we calculate your Interest Charges on 
new purchases.  We may increase your Interest Charges and Fees as described 
in the “Changes to Your Agreement” section of this Agreement.

7

If  we  charge  you  interest  the  charge  will  be  no  less  than  $2  and 
will be allocated among all Credit Plan balances that accrue interest at our 
discretion. 

Section 19. 

Late payment Fee.

We may charge you this Fee if we do not receive at least your Min-

imum Payment as instructed on your Statement by the payment due date.

Outstanding Balance on 
Payment Due Date
Up to and including $100
More than $100.00 

Late Payment Fee 
- first time your 
payment is late.
$15
$25

Section 20. 

returneD payment Fee.

Late Payment Fee 
- if another payment 
is late during the  
6 Billing Cycles after 
any late payment.
$15
$35

We  may  charge  you  a  Fee  of  up  to  $25  when  your  financial 
institution rejects a payment you make to us for any reason.  We will only 
charge  you  one  Returned  Payment  Fee,  even  if  we  submit  that  payment 
more than once to your financial institution for payment.

Section 21. 

minimum payment.

You must pay at least the Minimum Payment due by the payment 
due date each month. The Minimum Payment for your Account includes the 
minimum payment on each Credit Plan, including any Promotional Credit 
Plan with a special minimum payment calculation and your Regular Credit Plan.  

To determine the total Minimum Payment due, we add together the 
following: a) your Regular Credit Plan Minimum Payment, which is equal 
to the greater of (i) $25 or (ii) 1% of the total of your Regular Credit Plan 
purchases  balance  plus  any  billed  Interest  Charges;  and  b)  the  Minimum 
Payment for each Promotional Credit Plan purchase balance using the pre-
viously disclosed special repayment terms provided to you when you made 
your purchase (if applicable), and c) late payment fees and other fees and 
charges, and d) any past due amount for any Credit Plan. We then round this 
total to the next highest dollar.

8

 
Your Statement will tell you:

  1. 

the Minimum Payment due,

  2. 

your new balance,

  3. 

the payment due date, and

  4. 

an explanation of when the payment must reach us 

for us to consider it received as of that date.

Returns and other credits to your Account will reduce your Account 

balance, but they will not change your Minimum Payment amount.

If  your  Account  is  120  days  past  due,  is  part  of  a  bankruptcy 
proceeding, or is otherwise charged off, the total balance is immediately due 
and payable.

Section 22. 

mAking PAYmentS.

Your  payment  must  be  made  in  U.S.  dollars  from  a  U.S.  deposit 
account in a form acceptable to us.  We do not accept any payments at dealer 
locations or cash payments.  

You  may  not  make  payments  with  funds  from  your  Account  or 
any other credit account with us.  You must send mailed payments to us as 
instructed on your Statement, unless we tell you otherwise.

You  must  mail  all  payment  items  (such  as  checks)  (“Item(s)”) 
bearing  restrictive  words,  conditions,  limitations,  or  special  instructions 
to:  P.O.  Box  84240,  Sioux  Falls,  SD  57118.  This  includes  Items  marked 
“Paid  in  Full”  or  similar  language.  This  also  includes  all  accompanying 
communications. If you make such a payment or send any accompanying 
communications to any other address, we may reject it and return it to you.  
We may also accept it and process it without losing any of our rights.

Section 23. 

other PAYment ServiceS.

We may make services available that allow you to make faster or 
recurring payments online or by telephone.  We will describe the terms for 
using these services and any applicable Fee before you use them.  You do 
not have to use these other payment services.

We are not responsible if your financial institution rejects a payment 

made using our payment services.

9

If  you  ask  someone  else  to  make  a  payment  for  you,  we  may 
provide that person with limited Account information necessary to set up 
and process that payment.  We may also refuse to accept that payment.  If 
we do accept it, you will be responsible for that payment even if a financial 
institution rejects it.

Section 24. 

PAYment ProceSSing.

We  may  accept  and  process  payments  without  losing  any  of 
our  rights.    We  may  delay  the  availability  of  credit  until  we  confirm 
that  your  payment  has  cleared.   This  may  happen  even  if  we  credit  your 
payment to your Account.  We may resubmit and collect returned payments 
electronically.  If necessary, we may adjust your Account to correct errors, 
process returned and reversed payments, and handle similar issues.

When you send us an Item as payment, you authorize us to make 
a  onetime  electronic  funds  transfer  from  your  deposit  account.    We  may 
withdraw  the  funds  from  your  deposit  account  as  early  as  the  same  day 
we receive your payment.  You will not receive your Item back from your 
bank.  We will provide additional information about this process on your 
Statement.  

We  may  use  the  information  from  an  Item  to  create  an  electronic 
image.  We may collect and return the image electronically.  This electronic 
image may also be converted to a substitute check and may be processed in 
the same way we would process an Item.  We are not responsible if an Item 
you provide has physical features that, when imaged, result in it not being 
processed as you intended.

Section 25. 

hoW We APPLY Your PAYmentS.

In  each  Billing  Cycle,  we  generally  apply  payments  up  to  your 
Minimum Payment amount to satisfy the Minimum Payment due on each 
Credit Plan, first to the highest APR Credit Plan balance and then to Credit 
Plan  balances  with  lower APRs.    We  apply  any  part  of  your  payment 
exceeding your Minimum Payment amount to the Credit Plan balance with 
the highest APR, and then to Credit Plan balances with lower APRs.  We do 
this based on the APRs in effect and balances owed on the day your preceding 
Billing Cycle ended.  If more than one Credit Plan balance has the same APR, 
we will apply the payment to the oldest Credit Plan balance first.

Section 26. 

credit bALAnceS.

We  may  reject  and  return  any  payment  that  creates  or  adds  to  a 

10

credit balance on your Account.  Any credit balance we allow will not be 
available until we confirm that your payment has cleared.  We may reduce 
the amount of any credit balance by any new charges.  You may write to the 
address provided on your Statement or call us at 1-877-327-7310 to request 
a refund of any available credit balance.

Section 27. 

Account defAuLt.

You will be in default if:

1. 

2. 

you do not make any payment when it is due;

any payment you make is rejected, not paid or cannot 

be processed;

3. 

you  file  or  become  the  subject  of  a  bankruptcy  or 

insolvency proceeding;

4. 

you  are  unable  or  unwilling 
obligations, including upon death or legally declared incapacity;

to  repay  your 

5. 

we  determine  that  you  made  a  false,  incomplete  or 
misleading statement to us, or you otherwise tried to defraud us; or

6. 

you do not comply with any term of this Agreement 

or any other agreement with us.

If  you  are  in  default,  we  may  take  certain  actions  with  respect  to 
your Account.    For  example,  depending  on  the  default,  we  may  take  the 
following actions, without notifying you, unless the law says that we must 
give you notice:

1. 

charge you Fees, as permitted under the Agreement;

2. 

if  so  disclosed  under  a  Promotional  Credit  Plan, 
 terminate the special promotional terms and apply the terms that 
apply to Regular Credit Plan purchases including changes to your 
APR and Minimum Payments;

3. 

4. 

5. 

close or suspend your Account;

lower your credit limit(s);

demand that you immediately pay the total balance 

owing on your Account including all promotional balances;

6. 

exercise  our  rights  as  a  secured  party,  including 
taking possession of any goods which remain subject to our Security 
Interest  (as  provided  in  the  “Security  Interest”  section  of  this 

11

Agreement), when allowed by law;

7. 

continue to charge you Interest Charges and Fees as 

long as your balance remains outstanding; and/or

8. 

file  a 

lawsuit  against  you,  or  pursue  another 
action  that  is  not  prohibited  by  law.    If  we  file  a  lawsuit,  you 
agree  to  pay  our  court  costs,  expenses  and  attorney  fees, 
unless the law does not allow us to collect these amounts.

Section 28. 

communicAtionS.

You  agree  that  we  may  contact  you  at  any  phone  number,  email 
address  or  mailing  address  you  provide  to  us,  including  mobile  devices.  
You agree that from time to time we may monitor and record telephone calls 
made or received by us or our agents regarding your Account to assure the 
quality of our service.  In order for us to service the Account or to collect 
any amounts you may owe, and subject to applicable law, you agree that 
we may from time to time make calls and send text messages to you using 
prerecorded/artificial  voice  messages  or  through  the  use  of  an  automatic 
dialing  device  at  any  telephone  number  you  provide  to  us  in  connection 
with your Account at any time, including a mobile telephone number that 
could result in charges to you.

Section 29. 

credit rePortS.

We  may  report  information  about  your Account,  including  about 
you and any Authorized Users, to credit bureaus and others.  Late payments, 
missed  payments,  or  other  defaults  on  your Account  may  be  reflected  in 
your credit report.  Information we provide may appear on your credit report.

If you believe that we have reported inaccurate information about 
your Account to a credit bureau or other consumer reporting agency, notify 
us in writing at P.O. Box 84240, Sioux Falls, SD 57118.  When you write, 
tell us the specific information that you believe is incorrect and why you 
believe it is incorrect.  We will research the issue and let you know if we 
agree  or  disagree  with  you.    If  we  agree,  we  will  contact  each  consumer 
reporting agency we reported to and request a correction.

We may obtain and use credit, income and other information about 

you from credit bureaus and others as the law allows.

12

Section 30. 

cLoSing or SuSPending Your Account.

You may contact us at 1-877-327-7310 to ask us to close your Account.

We  may  close  or  suspend  your Account  at  any  time  and  for  any 

reason permitted by law, even if you are not in default.

If your Account is closed or suspended by either you or us for any 
reason, you must stop using your Card.  If we close or permanently suspend 
your Account, you must return or destroy all Cards.  You must still pay us all 
amounts you owe on the Account, including any amounts that post to your 
Account after it is closed or suspended.

Section 31. 

chAngeS to Your Agreement.

At  any  time,  we  may  add,  delete  or  change  any  term  of  this 
Agreement, unless the law prohibits us from doing so.  We will give you 
notice of any changes as required by law.  We may notify you of changes 
on your Statement or in a separate notice.  Our notice will tell you when 
and how the changes will take effect.  The notice will describe any rights 
you have in connection with the changes.  If we increase your APR for any 
reason, or if we change your Fees or other terms of your Account, we will 
notify you as required by law.

Section 32. 

the LAW thAt APPLieS to Your Agreement.

We make decisions to grant credit and issue you a Card from our 
offices in Utah.  This Agreement is governed by applicable federal law and 
by Utah law.  If any part of this Agreement is unenforceable, the remaining 
parts will remain in effect.

Section 33. 

WAiver.

We will not lose any of our rights if we delay or choose not to take 
any action for any reason.  We may waive our right without notifying you.  
For example, we may waive your Interest Charges or Fees without notifying 
you and without losing our right to charge them in the future.

Section 34. 

ASSignment.

This Agreement will be binding on, and benefit, any of your and our 
successors and assigns.  You may not sell, assign or transfer your Account 
or this Agreement to someone else without our written permission.

13

 
We may sell, assign  or transfer your Account  and this Agreement 
including  the  receivables  associated  therewith  and  any  of  the  rights  and 
benefits of this Agreement without your permission and without prior notice 
to you.  Any assignee or assignees will take our place under this Agreement.  
You must pay them and perform all of your obligations to them and not us.  
If you pay us after we notify you that we have transferred your Account or 
this Agreement, we can return the payment to you, forward the payment to 
the assignee, or handle it in another way that is reasonable.

We may also engage agents, authorized representatives, and other 
service providers, all of which may act for us under this Agreement and rely 
on the rights given to us under this Agreement. 

Section 35. 

gLoSSArY.

“Account” means your Yamaha Credit Card Account with WebBank.

“Annual  Percentage  Rate”  means  your  interest  rate  stated  as  a 

yearly rate.

“Billing Cycle” means the period of time reflected on a Statement.  
This period may vary in length, but is approximately 30 days.  You will have 
a Billing Cycle even if a Statement is not required.  We will often specify a 
Billing Cycle by the month in which its closing date occurs.  For example, 
a “March Billing Cycle” will have a closing date in March.  We may also 
refer to a Billing Cycle as a “Billing Period.”  If your Account balance has 
charged off, we may switch to quarterly Billing Cycles for your Account.

“Card”  means  any  WebBank  credit  card  associated  with  your 
Account.  This includes all renewals and substitutions.  It also means any 
other access device for your Account we give you that allows you to obtain 
credit, including any Account number.

“Credit Plans” mean the Promotional Credit Plans we offer from 
time to time and the Regular Credit Plan that applies to your purchases.  The 
sum of your Credit Plan balances equals your total Account balance.

“Fees” mean charges imposed on your Account not based on the 

Annual Percentage Rates.

“Interest Charges” mean any charges to your Account based on the 

application of Annual Percentage Rates.

“Item”  means  a  check,  draft,  money  order  or  other  negotiable 

14

instrument you use to pay your Account.  This includes any image of these 
instruments.  

“Minimum Payment” is the total of the minimum payments required 
for each Credit Plan and at least this amount must be paid by the payment 
due date indicated on your Statement.

“Promotional Credit Plans” are different parts of your Account we 
may establish for purchases that are subject to special interest rates (APRs), 
pricing, repayment or other terms.  

“Regular  Credit  Plan”  means  the  interest  rate  (APR),  pricing, 
repayment terms and other terms included in this Agreement for purchases 
that are not made under Promotional Credit Plans.

“Statement”  means  a  document  showing  important  Account 
information,  including  all  transactions  billed  to  your  Account  during  a 
Billing Cycle and information about what you must pay.  We may also refer 
to your Statement as a “Periodic Statement” or a “Billing Statement.”

Section 36.  ArbitrAtion 

RESOLUTION OF DISPUTES: THIS ARBITRATION PROVISION 
LIMITS  YOUR  RIGHTS  IN  THE  EVENT  OF  A  DISPUTE  BETWEEN 
YOU  AND  US  AND  OTHERS.  YOU  HAVE  THE  RIGHT  TO  REJECT 
THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW.

 a.  Either  you  or  we  may,  at  your  or  our  sole  election,  
require  that  the  sole  and  exclusive  forum  and  remedy  for  resolution  of 
a  Claim  be  final  and  binding  arbitration  pursuant  to  this  section  (the 
“Arbitration Provision”), unless you opt out as provided in section (b) below. 
Yamaha (including its affiliates and dealers), or any subsequent holder of this 
Agreement  or  any  interest  in  your  Account  or  any  subsequent  purchaser,  
holder or assignee of any receivables arising under your Account (collectively,  
“subsequent holder”), may also elect arbitration of any Claim as provided in 
this Arbitration Provision.  As used in this Arbitration Provision, “Claim” shall 
include any past, present, or future claim, dispute, or controversy involving you 
(or persons claiming through or connected with you), on the one hand, and us 
and/or Yamaha and/or any subsequent holder (or persons claiming through or 
connected with us and/or Yamaha and/or the subsequent holders), on the other 
hand, relating to or arising out of your application for and origination of  this 
Account, this Agreement, your Account, or the relationship between you and 
us, including (except to the extent provided otherwise in the last sentence of 

15

section (f) below) the validity or enforceability of this Arbitration Provision, 
any  part  thereof,  or  the  entire Agreement.  Claims  are  subject  to  arbitration  
regardless of whether they arise from contract; tort (intentional or otherwise); 
a  constitution,  statute,  common  law,  or  principles  of  equity;  or  otherwise. 
Claims include matters arising as initial claims, counter-claims, cross-claims,  
third-party claims, or otherwise. The scope of this Arbitration Provision is to be 
given the broadest possible interpretation that is enforceable.

 b.  You may opt out of this Arbitration Provision for all purposes 
by sending an arbitration opt out notice to P.O. Box 84240, Sioux Falls, SD 
57118, which is received at the specified address within 30 days of the date 
that you applied for an Account. The opt out notice must clearly state that 
you  are  rejecting  arbitration;  identify  the Account  to  which  it  applies  by 
date; provide your name, address, and social security number; and be signed 
by you. You may send an opt out notice in any manner you see fit as long 
as it is received at the specified address within the specified time. No other 
methods can be used to opt out of this Arbitration Provision. If the opt out 
notice is sent on your behalf by a third party, such third party must include 
evidence of his or her authority to submit the opt out notice on your behalf.

 c.  The  party  initiating  arbitration  shall  do  so  with  the American 
Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation 
Services  (“JAMS”).  The  arbitration  shall  be  conducted  according  to,  and 
the  location  of  the  arbitration  shall  be  determined  in  accordance  with,  the 
rules and policies of the administrator selected, except to the extent the rules  
conflict with this Arbitration Provision or any applicable law. If you have any 
questions concerning the AAA or would like to obtain a copy of the AAA 
arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site 
at: www.adr.org. If you have any questions concerning JAMS or would like 
to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 
or visit their web site at: www.jamsadr.com. In the case of a conflict between 
the rules and policies of the administrator and this Arbitration Provision, this 
Arbitration Provision shall control, subject to applicable law, unless all parties 
to the arbitration consent to have the rules and policies of the administrator 
apply.  In the event that neither of the above named administrators is available, 
the party requesting arbitration may choose an alternative arbitrator or arbitration 
provider.

 d. 

If we (or Yamaha or any subsequent holder) elect arbitration, 
we (or Yamaha or the subsequent holder, as the case may be) shall pay all the 
administrator’s filing costs and administrative fees (other than hearing fees). 
If you elect arbitration, filing costs and administrative fees (other than hearing 
fees) shall be paid in accordance with the rules of the administrator selected, 
or in accordance with applicable law if contrary to the administrator’s rules. 

16

We (or Yamaha or the subsequent holder, as the case may be) shall pay the 
administrator’s hearing fees for one full day of arbitration hearings. Fees for 
hearings that exceed one day will be paid by the party requesting the hearing, 
unless the administrator’s rules or applicable law require otherwise, or you  
request  that  we  (or  Yamaha  or  the  subsequent  holder)  pay  them  and  we 
agree (or Yamaha or the subsequent holder agrees) to do so. Each party shall 
bear the expense of its own attorneys’ fees, except as otherwise provided by  
applicable law. If a statute gives you the right to recover any of these fees, 
these statutory rights shall apply in the arbitration notwithstanding anything 
to the contrary herein.

 e.  Within 30 days of a final award by the arbitrator, any party may 
appeal  the  award  for  reconsideration  by  a  three-arbitrator  panel  selected 
according to the rules of the arbitrator administrator. In the event of such 
an appeal, any opposing party may cross-appeal within 30 days after notice 
of the appeal. The panel will reconsider de novo all aspects of the initial 
award that are appealed. Costs and conduct of any appeal shall be governed 
by this Arbitration Provision and the administrator’s rules, in the same way 
as the initial arbitration proceeding. Any award by the individual arbitrator 
that is not subject to appeal, and any panel award on appeal, shall be final 
and binding, except for any appeal right under the Federal Arbitration Act 
(“FAA”),  and  may  be  entered  as  a  judgment  in  any  court  of  competent 
jurisdiction.

 f.  We (and Yamaha and any subsequent holder) agree not to invoke 
our right to arbitrate an individual Claim you may bring in Small Claims Court 
or an equivalent court, if any, so long as the Claim is pending only in that court. 
We  (or Yamaha  or  any  subsequent  holder)  will  not  initiate  an  arbitration 
proceeding  to  collect  a  debt  from  you  unless  you  assert  a  Claim  against 
us  (or Yamaha  or  any  subsequent  holder).   You  may  seek  arbitration  in  a 
proceeding to collect a debt.  We (or Yamaha or any subsequent holder) may 
seek arbitration in a proceeding to collect a debt if you assert a Claim against 
us  (or  Yamaha  or  any  subsequent  holder).    NO  ARBITRATION  SHALL  
PROCEED  ON  A  CLASS,  REPRESENTATIVE,  OR  COLLECTIVE  
BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF 
OF  OTHERS),  EVEN  IF  THE  CLAIM  OR  CLAIMS  THAT  ARE  THE  
SUBJECT  OF  THE  ARBITRATION  HAD  PREVIOUSLY  BEEN  
ASSERTED  (OR  COULD  HAVE  BEEN  ASSERTED)  IN  A  COURT  AS 
CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. 
Unless consented to in writing by all parties to the arbitration, no party to the 
arbitration may join, consolidate, or otherwise bring claims for or on behalf of 
two or more individuals or unrelated corporate entities in the same arbitration 
unless those persons are parties to a single transaction. Unless consented to in 
writing by all parties to the arbitration, an award in arbitration shall determine 

17

the rights and obligations of the named parties only, and only with respect to 
the claims in arbitration, and shall not (a) determine the rights, obligations, or 
interests of anyone other than a named party, or resolve any Claim of anyone 
other  than  a  named  party;  nor  (b)  make  an  award  for  the  benefit  of,  or 
against, anyone other than a named party. No administrator or arbitrator 
shall have the power or authority to waive, modify, or fail to enforce this 
section (f), and any attempt to do so, whether by rule, policy, arbitration 
decision or otherwise, shall be invalid and unenforceable. Any challenge 
to the validity of this section (f) shall be determined exclusively by a court 
and not by the administrator or any arbitrator.

 g.  This Arbitration Provision is made pursuant to a transaction 
involving  interstate  commerce  and  shall  be  governed  by  and  enforceable  
under the FAA. The arbitrator will apply substantive law consistent with the 
FAA and applicable statutes of limitations. The arbitrator may award damages 
or other types of relief permitted by applicable substantive law, subject to the 
limitations set forth in this Arbitration Provision. The arbitrator will not be 
bound by judicial rules of procedure and evidence that would apply in a court. 
The arbitrator shall take steps to reasonably protect confidential information.

 h.  This  Arbitration  Provision  shall  survive  (i)  suspension,  
termination,  revocation,  closure,  or  amendments  to  this Agreement  and  the  
relationship  of  the  parties  and/or  Yamaha  or  a  subsequent  holder;  (ii)  the  
bankruptcy or insolvency of any party or other person; and (iii) any transfer of 
the Account or this Agreement, or any interest in, or receivables arising under, 
the Account or this Agreement, to any other person or entity. If any portion 
of  this Arbitration  Provision  other  than  section  (f)  is  deemed  invalid  or 
unenforceable, the remaining portions of this Arbitration Provision shall 
nevertheless  remain  valid  and  in  force.  If  an  arbitration  is  brought  on 
a  class,  representative,  or  collective  basis,  and  the  limitations  on  such  
proceedings  in  section  (f)  are  finally  adjudicated  pursuant  to  the  last  
sentence  of  section  (f)  to  be  unenforceable,  then  no  arbitration  shall  be 
had.  In  no  event  shall  any  such  invalidation  be  deemed  to  authorize  an  
arbitrator to determine Claims or make awards beyond those authorized 
in this Arbitration Provision.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT 
TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR 
JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS 
ARBITRATION  PURSUANT  TO  THIS  ARBITRATION  PROVISION. 
SUBJECT  TO  SECTION  (b),  THE  PARTIES  HEREBY  KNOWINGLY 
AND  VOLUNTARILY  WAIVE  THEIR  RIGHTS  TO  LITIGATE  SUCH 
CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION 
OF ARBITRATION BY ANY PARTY.

18

Section 37.  Your biLLing rightS.

This notice tells you about your rights and our responsibilities under 

the Fair Credit Billing Act.

Your billing rightS

Keep This Notice for Future Use: This notice tells you about your 

rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement: If you 
think there is an error on your statement, write to us as soon as possible at: 
P.O. Box 84240, Sioux Falls, SD 57118.

In your letter, 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.

You  must  notify  us  of  any  potential  errors  in  writing.    You  may 
call  us  or  notify  us  electronically,  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 our receipt of your letter, we will 
send  you  a  written  notice  explaining  either  that  we  corrected  the  

19

 
 
 
 
 
 
error (to appear on your next statement) or the reasons we believe 
the bill is correct.

While we investigate whether or not there has been an error, the following 
are true:

•  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 until we send  
you  a  notice  about  the  outcome  of  our  investigation,  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 

20

 
 
 
 
 
 
 
 
 
 
 
due on the purchase.  To use this right, 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 is 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; and

  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:  P.O. Box 84240, Sioux Falls, SD 57118.

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.

21

IMPORTANT INFORMATION
ENCLOSED

• Pricing Information
• Customer Agreement
• Privacy Notices

V 04/2017