Cardmember  Agreement for Elan Financial  Services®  Visa Signature® and Visa 
Signature®  Elite Accounts 

This credit card program is issued and administered by Elan Financial Services. This information is accurate as of December 31, 2020. 
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the Agreement 
that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION:  Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 10.74% 
(APR) 13.99% 
(DPR) 0.038329% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 10.74% 
(APR) 13.99% 
(DPR) 0.038329% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 20.74% 
(APR) 23.99% 
(DPR) 0.065726% 

Penalty APR and When It Applies 

There is no Penalty Rate for your Account. 

Paying Interest 

 Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

•  Annual Fee 
•  Travel Fee 

Transaction Fees   

•  Balance Transf er Advance Fee  

•  Convenience Check Advance Fee 

Your due date is 24-30 days after the close of each billing cycle. 
We will not charge you interest on Purchases if you pay your 
entire balance by the due date each month.  We will begin 
charging interest on Advances and Balance Transfers on the 
transaction date. 
If  you are charged interest, then the Minimum Interest Charge 
will be no less than $2.00. 
To  learn  more about f actors to consider when applying for or 
using a credit card, visit the website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 
NOTICE:  Some of these set-up and maintenance f ees will be 
assessed before you begin using your Card and based on your 
Revolve Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not yet 
used it or paid a f ee after receiving a billing statement. If  you do 
reject  the  Account, you  are  not  responsible f or any  f ees or 
charges. 
NONE 
NONE 

Either $5 or 3% of  the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)). 
Either $5 or 3% of  the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)). 

•  Financial Institution Cash Advance Fee   Either $5 or 3% of  the Advance amount, whichever is greater 

•  Cash Equivalent Advance Fee 

(maximum fee (No Maximum)). 
Either $10 or 3% of  the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 

 
 
 
 
 
 
 
 
 
 
 
 
 
•  Cash Advance Overdraft Protection 

$10  

Fee  

•  Cash Advance ATM Fee 

•  Foreign Transaction Fee 

Account Fees 

•  Late Fee  

•  Return Payment Fee  

Either $5 or 3% of  the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 
Up to 1% of each foreign transaction amount. 

Up to $40 

Up to $35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”.  See 
the Agreement for more details. 

P. O. Box 6352 
Fargo, ND   58125 

Cardmember Agreement  

This is a cardmember agreement and disclosure statement (“Agreement”) between you 
and the  Issuer  containing the terms  that  will  apply to  your Credit  Card Account 
(“Account”) effective  December  31,  2020.  In  this  Agreement,  “you”,  “your"  and 
“Cardmember” means each individual accepting a  solicitation  or  applying for  the 
Account or otherwise agreeing to be responsible for the Account. “We”, “us”, “our”, and 
“Cardmember Service” means Elan Financial Services, the issuer of the Card and your 
Account creditor. Please read this Agreement carefully and keep it in a safe place to 
make  the  best  use  of  the  credit  cards  we  issue with  this  Account (“Card”). The 
Agreement becomes effective as soon as you or someone authorized by you uses or 
activates the Card or Account. Even if the  Card or Account has not been used or 
activated, the Agreement becomes effective unless you contact us within 30 days after 
you receive the Card by calling the number on the back of  the Card to cancel your 
Account. This web Agreement does not replace the Agreement that is provided with the 
Account and Card.    

This  Agreement  contains  an  arbitration  provision  (including  a  class  action 
arbitration waiver).  It is important that you read the entire Arbitration Provision 
section carefully. 

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1.   Personal Use: You may use the Account only for personal, family or household 
purposes. Federal or state consumer protection laws may not apply if you use the 
Account for other than personal, family or household purposes.  

2. Purchases: You may use the Account to  buy, lease or otherwise obtain goods or 
services  from  participating merchants (including transactions you initiate by  mail, 
telephone or over the Internet), or take advantage of special promotional Balance 
Transfer offers that post as Purchase transactions (“Purchases”).  We will, in connection 
with any promotional offer we make from time to time, provide information on your Card 
carrier or in  additional materials (the “Offer Materials”) that explain whether those 
transactions will post and be treated as a Purchase.  Even if you have not signed a sales 
draft or the merchant has not supplied you with a written receipt or other proof of sale, 
you are responsible for all Purchases made through your Account, except as expressly 
limited by applicable law (see Your Billing Rights section below for more details).  

3. Advances: “Advances” are transactions other than Purchases that allow you direct 
access  to  funds available through your Account.   Advances may include Account 
transactions such as  cash  advances you obtain directly from us,  automated teller 
machines (“ATMs”) or other participating financial institutions (“Cash Advances”). ATM 
and financial institution Advances include phone (automated phone system and 24 Hour 
customer service assisted) and Internet transfers. Advances also include some Balance 
Transfers, Convenience Checks, FastCash, Overdraft Protection Advances and Cash 
Equivalent Advances.  “Cash Equivalent Advances” include transactions to acquire or 
initiate wire transfers, travelers checks, cashier’s checks, money orders, foreign cash 
transactions, casino gaming and betting transactions and lottery  tickets.    Monthly 
Account statements we issue may  refer to Advances as an Advance, Cash, Cash 

Advances, or by the product or device you used to obtain an Advance.  Refer to the 
Account Fees section for details on Advance Transaction Fees. 

4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for 
Advances and that portion may vary from time to time. Although you may have credit 
available under your Account, we may be unable to authorize an Advance. You may 
contact Cardmember Service to learn the portion of your Revolve Limit which is available 
for Advances. 

5. Convenience Checks: From time to time, we may supply Convenience Checks for 
use by the person(s) or drawer named on those checks. “Convenience Checks” are 
drafts that look like other checks, but are drawn on credit available in your Account.  
Convenience Checks may not be offered for all Account types.  We will, in connection 
with  any  Convenience  Check we provide, include Offer Materials that will  explain 
whether the Convenience Check will post and be treated as an Advance or as a Balance 
Transfer. Convenience Checks must be  written in  U.S.  Dollars. We  may  return a 
Convenience Check unpaid if:  
(a) the credit available under your Revolve Limit is less than the Convenience Check 
amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform to our 
regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you owe 
us or our affiliates.   

6. Paying and Stopping Payment on Convenience Checks: You must write to us or call 
to request that payment be stopped on a Convenience Check. You must call us promptly 
with an oral stop payment request and then provide us with a written confirmation of the 
stop payment request within 14 calendar days. Any written stop payment request we 
receive will remain in effect for 6 months, unless you renew the request in writing before 
the end of that time. We may pay Convenience Checks more than 6 months old. There 
may be circumstances under which a Convenience Check must be paid, even if we have 
received a stop payment request from you. We will not be liable to you if we do not honor 
your  stop  payment request under those circumstances. If  it  is  determined that a 
Convenience Check should have been paid, but was not, we will not be liable for any 
consequential, punitive or incidental damages if we  acted in  good faith.  Our  only 
obligation under those circumstances will be to pay the designated payee the amount 
of the Convenience Check and cancel any charges assessed against your Account as 
a result of any wrongful failure to honor the Convenience Check.  

7. Balance Transfers: We may permit you to transfer balances and obligations that you 
owe other companies or financial institutions to your Account, subject to the terms and 
conditions disclosed in the Offer Materials (“Balance Transfers”). Balance Transfers will 
post to your Account and be separately reflected on monthly Account statements as a 
Balance Transfer, or, depending upon the offer, may post to the Account and be treated 
as a Purchase or an Advance.  We will, in connection with any Balance Transfer offer 
we make, provide you with materials that explain how the Balance Transfer will post to 
your Account and be reflected on monthly Account statements. You may not request 
Balance Transfers on existing obligations you owe us or our affiliates. If you request a 
Balance Transfer that would cause your Account to exceed its Revolve Limit, we may, 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
at our option, (a) post the entire Balance Transfer requested to your Account; (b) post 
only a portion of the Balance Transfer requested to your Account up to the amount of 
credit available under the Revolve Limit; or (c) refuse to process the entire amount of 
the Balance Transfer requested.   

8. Overdraft Protection: This section is part of the Agreement only if you have specifically 
requested and have obtained Overdraft Protection linking the Account with a designated 
checking account at a financial institution with which we are affiliated or with which we 
have a correspondent relationship. An “Overdraft Protection Advance” is an advance of 
funds to your designated checking account from this Account that will prevent overdrafts 
on your checking account.  You authorize us to make Overdraft Protection Advances 
from the Account as provided in this Agreement.  Any Overdraft Protection Advance will 
post and be disclosed as either a "Financial Institution Cash Advance" or an "Overdraft 
Protection Advance on your periodic statement, and will be subject to either a Financial 
Institution Cash Advance fee or an Overdraft Protection Advance fee, depending on how 
the Advance is processed.  An Overdraft Protection Advance will be made only once 
per day,  and will  be  made in the  amount determined by your financial institution 
(regardless of the specific overdraft amount). Please verify the amount of the Overdraft 
Protection Advance with your financial institution.  We may cancel Overdraft Protection 
privileges under the Account, even if the Account remains open for other purposes.  

Note: For Young Adult Accounts, the young adult’s name and cosigner’s name must 
both be named on the linked checking account in order to have Overdraft Protection. 

INTEREST CHARGES AND ACCOUNT FEES 

9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of  credit. 
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) 
periodic rate  INTEREST  CHARGES  (sometimes  referred to  as  "interest"  in  this 
Agreement and on monthly Account statements); (b) Advance Transaction Fees; and 
(c) any other transaction fees that are considered INTEREST CHARGES.  

10. Interest Rate:  In this Agreement, we have abbreviated the terms “daily periodic 
rate” as DPR, “average daily balance” as ADB, and “ANNUAL PERCENTAGE RATE” 
as APR.  
(a) Standard Interest Rates-  
Rate for "Purchases" and "Balance Transfers": The DPR for transactions posting as 
Purchases and Balance Transfers is equal to 1/365th of its corresponding APR. Rate 
for  "Advances": The DPR  and corresponding APR  for transactions posting to  the 
Account as Advances is equal to 1/365th of its corresponding APR.  

(b) Variable APRs are calculated by adding a margin to the Index. Your Variable DPR 
is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR may 
increase or decrease from time to time according to the movements up or down of the 
Index, which is the Prime Rate published in the "Money Rates" section of the Midwest 
Edition of The Wall Street Journal on the last publication day before the date on which 
the billing cycle closed (in other words, the "statement date"). We reserve the right to 
choose a comparable new index if The Wall Street Journal ceases to publish a Prime 
Rate. The margin is the percentage we add to the Index to calculate the APR. The 
current applied Index value for your Account is 3.25% . Any variable rate adjustment 
based on a change to your margin will be effective as of the first day of the current billing 
cycle,  and will apply to  all new Account balances and transactions subject to that 
variable rate. Any variable rate adjustment based on a change to your Index will be 
effective as of the first day of the current billing cycle, and will apply to all new and 
outstanding Account balances and transactions subject to that variable rate. An increase 
or decrease to the Index or margin will apply to Purchase, Advance, and Balance 
Transfer balances and will result in an increase or decrease in the INTEREST CHARGE 
on the Account, an increase or decrease to your Minimum Payment, and an increase or 
decrease to your New Balance. 

Introductory and Promotional Rates: We may, at our option, offer you for a limited 
time  introductory or promotional interest rates for all or part of new Purchase, Advance, 
or Balance Transfers posted to your Account. We will tell you in the Offer Materials the 
introductory or promotional rate and the period of time during which that rate will be in 
effect and any conditions or requirements of the offer. Unless the Offer Materials state 
otherwise, an introductory or promotional rate will remain in effect until the last day of 
the billing cycle in which the introductory or promotional rate expires.  Any introductory 
or promotional rate that applies to new or outstanding Account balances will increase to 
the standard rate that would otherwise apply, or, when appropriate under the terms of 
this Agreement, a Penalty Rate due to an Adjustment Event (as indicated above).    

11. INTEREST CHARGE; Method of Computing Balance Subject to Interest Rate: We 
calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying 
the applicable DPR by the ADB (including new transactions) of the Purchase, Advance 
and Balance Transfer categories subject to interest, and then adding together the 
resulting interest from  each category.  We  determine the ADB  separately for  the 
Purchases, Advances and Balance Transfer categories. To get  the  ADB  in  each 
category, we add together the daily balances in those categories for the billing cycle and 
divide the result by the number of days in the billing cycle. We determine the daily 
balances each day  by  taking the  beginning balance  of those Account categories 
(including any billed but unpaid interest, fees, credit insurance and other charges), 
adding any new interest, fees, and charges, and subtracting any payments or credits 
applied against your Account balances that day. We add a Purchase, Advance or 
Balance Transfer to the appropriate balances for those categories on the later of the 
transaction date or the first day of the statement period. Billed but unpaid interest on 
Purchases, Advances and Balance Transfers is added to the appropriate balances for 
those  categories each month  on  the  statement  date.  Billed but  unpaid Advance 
Transaction Fees are added to the Advance balance of your Account on the date they 
are charged to your Account.  Any billed but unpaid fees on Purchases, credit insurance 
charges, and other charges are added to the Purchase balance of the Account on the 
date they are charged to the Account. Billed but unpaid fees on Balance Transfers are 
added to the Balance Transfer balance of the Account on the date they are charged to 
the  Account. In  other words, billed and unpaid interest, fees, and charges will be 
included in the ADB of your Account that accrues interest and will reduce the amount of 
credit available to you. To the extent credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees may be applied to your Account, such charges 
and/or fees are not included in the ADB calculation for Purchases until the first day of 
the billing cycle following the date the credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees (as applicable) are charged to the Account. Prior 
statement balances subject to an interest-free period that have been paid on or before 
the payment due date in the current billing cycle are not included in the ADB calculation. 
There is  a  minimum INTEREST CHARGE  Fee  in  any  billing cycle  in  which  an 
INTEREST CHARGE is  due.   As described above, this Agreement provides for the 
compounding of interest on your Account. 

12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases provided 
you have paid your previous balance in full by the Payment Due Date shown on your 
monthly Account statement. In  order to avoid additional INTEREST CHARGES on 
Purchases, you must pay your new balance in full by the Payment Due Date shown on 
the  front  of  your  monthly Account  statement. There is  no  interest-free period for 
transactions that post  to the Account as Advances or Balance Transfers except as 
provided in any Offer Materials. Those transactions are subject to interest from the date 
they post to the Account until the date they are paid in full.  

13. Advance Account Fees: You agree to pay the following Account fees and INTEREST 
CHARGES: 

(a) We  may  add an  Advance Transaction Fee INTEREST CHARGE to  the 
Advance balance of the Account for each Advance you obtain during a billing 
cycle  in  addition to  the  interest  that  accrues  on  Advances. The  Advance 
Transaction Fee imposed will equal the greater of either a percentage of each 
Advance or the minimum dollar amount, subject to the maximum dollar amount. 
(b) We may add a Balance Transfer Fee INTEREST CHARGE to the Purchase 
balance of the Account except where Offer Materials specify otherwise.      
(c)  We  may  add  a  Convenience Check  Fee  INTEREST  CHARGE  to  the          
Advance balance of your Account except where Offer Materials specify otherwise. 
(d)  We  may  add  an  Overdraft  Fee  INTEREST  CHARGE  to  the  Advance                                                     
balance of your Account, except where Offer Materials specify otherwise. 

14. Account Fees: 

(a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE 
for each Promotional Discount you receive during the billing cycle, as outlined in 
any Offer Materials 
(b) Annual Membership Fee. Each year, the Account may be subject to  your 
payment in advance of an Annual Membership Fee INTEREST CHARGE which 
will compensate us for maintaining and servicing the Account for the following 
year. This fee will be charged to the Purchase balance of your Account. 
(c) We will add a Late Payment Fee to the Purchase balance of the Account if 
your Minimum Payment is not received by the Payment Due Date shown on the 
monthly Account statement.   
(d) There is no Overlimit Fee on your Account.  
(e) We may add a Returned Payment Fee to the Purchase balance of the Account 
if any payment on the Account is not honored or if we must return it to you because 
it cannot be processed. A check that is returned unpaid will be sent for collection.   

 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
(f) We will add a Duplicate Documentation Fee to the Purchase balance of the 
Account for each copy of a monthly statement, sales slip, refund slip, or Advance 
slip that you request. There will be no charge for documentation requests made 
in connection with a billing error notice, if our investigation indicates a billing error 
occurred. 
(g) We may add a service charge to the Purchase balance of the Account if you 
call us to make a payment on your Account and are assisted by a Cardmember 
Service  Representative to  make  the  payment.  You  will  be  provided with 
confirmation of the service charge before the payment transaction is authorized.  
(h) We may add a Stop Payment Check Fee to the Purchase balance of your 
Account if you request a stop payment on a Convenience Check.  (See "Paying 
and Stopping Payment on Convenience Checks" section above for more details.)            

In no circumstance will your Late Fee or Returned Payment Fee ever be greater 
than your Minimum Payment due.  

IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

15.  BalanceShield  or Insurance Charges: Your  purchase of  BalanceShield debt 
cancellation or credit life insurance and disability is optional.   Whether or not you 
purchase BalanceShield or credit insurance will not affect your application for credit or 
the terms of any existing credit agreement you have with us.  If you elect to purchase 
BalanceShield or credit insurance and are eligible to participate, the monthly program 
fee or premium (at the rate disclosed to you) will be added to the Purchase balance as 
of the closing date of each billing cycle based upon the Account balance (including 
accrued INTEREST CHARGES).  The terms of your BalanceShield coverage will be 
summarized in the BalanceShield Debt Cancellation Program Agreement, which will be 
provided to you upon enrollment. For credit insurance, the terms of  your insurance 
coverage will be summarized in the Certificate of Insurance, which will be provided to 
you. These features are not offered for Secured Accounts. 

16. Credit Limit: There is  no predetermined Credit Limit for your Account. Individual 
transactions are authorized based on factors such as Account history, credit record, and 
payment resources. 
a. Revolve Limit: Your Revolve Limit (for Purchases, Advances and Balance Transfers) 
is the total dollars available to you to carry over, less the minimum monthly payment 
from billing cycle to billing cycle as a revolving line of credit.  Your initial Revolve Limit 
is shown on the Card carrier.  We reserve the right to periodically re-evaluate your 
Account and increase or decrease your Revolve Limit.  
b.   Extraordinary Purchases: If you are planning an out-of-pattern transaction or large 
ticket Purchase, you must inform us of the Purchase at least 2 business days prior, and 
no more than 60 days prior to the event via telephone. 

17.  Payment:  You must  pay  us  in  U.S.  Dollars  with  checks  or  similar  payment 
instruments drawn on a financial institution located in the United States.  We will also 
accept payment in U.S. Dollars via the Internet or phone or previously established 
automatic payment transaction.  We may, at our option, choose to accept a payment 
drawn on a foreign financial institution.  However, you will be charged and agree to pay 
any collection fees required in connection with such a transaction.  The date you mail a 
payment is different than the date we receive that payment.   For purposes of this 
Agreement, the payment date is the day we receive your check or money order at the 
address specified on your monthly Account statement or the day we  receive your 
electronic or phone payment.  If you mail your payment without a payment coupon or to 
an incorrect address, it  may result in  a  delayed credit to your Account, additional 
INTEREST CHARGES, fees, and possible suspension of your Account.  

18. Minimum Payment: Each month, you must pay at least the Minimum Payment and 
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly 
Account statement. You may, at your option, pay more than the Minimum Payment or 
pay the New Balance (as stated on your monthly Account statement) in full to reduce or 
avoid the  INTEREST  CHARGE  for  the  Account.  Your Minimum Payment will  be 
calculated as follows: first we determine the "Base Minimum Payment", which is the 
greater of $30.00 or 1.00% of your New Balance up to the Revolve Limit not including 
items (1) and (2) below, which, if not a whole dollar amount, will be rounded to the next 
highest dollar. To the Base Minimum Payment, we may add one or more of the following 
items, as incurred on your Account: (1) any late, annual and/or any other Account related 
fee, (2) the INTEREST CHARGE, and (3) if your Account is over the Revolve Limit, 
some or all of the balance amount over your Revolve Limit. If the resulting Minimum 
Payment is greater than $30.00, the total, if not a whole dollar amount, is then rounded 
to the next highest dollar not to exceed your New Balance. Any Minimum Payment or 
additional amount you pay each month will not prepay any future Minimum Payments 
required, or change your obligation to make at  least  a Minimum Payment by  the 

Payment Due Date. Any statement credit that results from a promotional offer or rewards 
redemption, if applicable, will only be applied to the Account balance and not satisfy any 
portion of the Minimum Payment requirements for this Account.    

19. Payment Application:  If we cannot collect on your check or other payment item you 
send us to pay on your Account, we may post as an Advance transaction an amount 
equal to the credit previously given to you for such check or payment item and we may 
charge interest on this amount from the date your Account originally was credited for the 
payment. After a payment has been made, we reserve the right to withhold available 
credit in the amount of the payment for 7 business days. Any credit available before the 
payment is made will continue to be available for use during this time. 

20. Skip Payment Option: We may, at our option, occasionally offer you an opportunity 
to skip your obligation to make the Minimum Payment due. You may not skip payments 
unless we make this offer to you.  If we offer you an opportunity to skip a payment more 
than once in a 12 month period, you will not be permitted to skip payments required in 
consecutive months.  You cannot  accept a  skip  payment offer  if  your  Account is 
delinquent, or is in Default. When you take advantage of a skip payment offer,  the 
interest will continue to accrue on the entire unpaid balance of your Account.  

21. Change of Address: Your monthly Account statements and notices about your 
Account will be sent to the address you provided in your application or your response to 
our Account solicitation. To change your address, you must call us or write to us. We 
must receive this information 21 days before the date a billing cycle closes to provide 
your monthly Account statement at your new address.  If you have an address change 
within 45 days of  the expiration date of your Card(s), please contact Cardmember 
Service with your new address so your new Card(s) can be mailed to your new address. 
We may also update your address in our records without a request from you if we receive 
an address change notice from the U.S. Postal Service or if we receive updated address 
information from our mail services vendor. 

22. Authorized Users: You agree not to allow access to your Card, Account number, 
Convenience Checks, or personal identification number (PIN) to anyone else to use your 
Account, except by asking us to issue a card to grant Account access to another person.  
If you allow access to your Card or Account information, you will be liable for any charges 
made by that person, unless and except as expressly required by applicable law.  You 
agree to be responsible for all Account transactions made by a Cardmember, or anyone 
who you have authorized by (a) asking us to issue a Card to grant Account access to 
another person; (b) lending your Card to or allowing Account access by another person; 
or (c) any other way in which you would be legally considered to have allowed another 
person to use your Account or to be legally prevented from denying that you did so.  Be 
cautious when allowing another person to become an authorized user of your Account; 
once you allow authority to any authorized user you cannot limit that authority unless 
the Account is closed to future transactions.  You, as a primary or joint Cardmember 
must call or write us with any request to cancel and remove a person’s authority. We will 
not provide any Account information to anyone other than you and any Authorized 
Users.  Authorized Users have no right to make any Account changes or inquiries. 

23.  Lost or  Stolen Card or Other  Information: You must notify  us  immediately by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen or there 
is possible unauthorized use of your Card, Account, or PIN. You will not be liable for 
unauthorized use of your Account.  If this happens, we will ask you and all other persons 
given Account access to return all Cards and unused Convenience Checks to us. In 
addition, we have the right to close your Account and open a new Account. If we do so, 
new Cards will be issued.  If requested, we may issue a new PIN and new Convenience 
Checks for your new Account. 

24.  Using Your Card for International Transactions:  
You may  use  your  Card  for  retail Purchases at  foreign merchants and for  cash 
withdrawals from foreign ATMs. Some merchant and ATM transactions, even if  you 
and/or the merchant or ATM are located in the United States, are considered foreign 
transactions under  the  applicable rules, in  which  case  we  will  add  the  Foreign 
Transaction Fee INTEREST CHARGE described in this section to those transactions. 
We do not control how these merchants, ATMs, and transactions are classified for this 
purpose. The exchange rate in effect when the transaction is processed may differ from 
the  rate in effect  on the date  of  the transaction or the date of  the  posting of  the 
transaction to your Account.  

If you use your Card at a merchant or an ATM that bears the Visa logo (and no PLUS 
System logo), the transaction will be processed through the Visa system and will be 
converted to U.S. Dollars according to the applicable rules established by Visa from time 
to time. Currently, the currency conversion rate used by Visa to determine the foreign 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
currency transaction amount in U.S. Dollars is determined by multiplying the amount of 
the foreign currency transaction times (a) a rate selected by Visa from the range of rates 
available in wholesale currency markets for the applicable central processing date, 
which rate may vary from the rate Visa itself receives, or (b) the government-mandated 
rate in effect for the applicable central processing date. If your foreign transaction is in 
foreign currency prior to being processed by Visa, we will add a Foreign Transaction 
Fee INTEREST CHARGE of up to 3.00% of the Purchase or ATM transaction. If your 
foreign transaction is in or converted to U.S. Dollars prior to being processed by Visa, 
we will add a Foreign Transaction Fee INTEREST CHARGE of up to 3.00% of  the 
Purchase or ATM transaction. If you use your Card at an ATM that bears only the PLUS 
System logo (and no Visa logo), the transaction will be processed through the PLUS 
System and will be converted into U.S. Dollars at the exchange rate established, from 
time to time, by the operator of that ATM. To the converted transaction we will not add 
a Foreign Transaction Fee INTEREST CHARGE.  If you use your Card at an ATM that 
bears both the Visa and PLUS System logos, the ATM operator will determine whether 
to send your transaction over the Visa or PLUS System network using such network's 
respective currency conversion rules then in effect (as explained above).    

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

25. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance 
Transfers, INTEREST CHARGES, Account Fees and charges, any other transaction 
charges as provided in this Agreement and, to the extent permitted under applicable 
law, attorneys fees and collection costs we incur enforcing this Agreement against you. 
This is the case even if your Account is only used by one of you, or is used by someone 
authorized by only one of you. If there is more than one Cardmember, each of you is 
responsible, together and separately, for the full amount owed on your Account. Your 
obligation to pay the Account balance continues even though an agreement, divorce 
decree, court judgment, or other document to which we are not a party may direct 
another person responsible to pay the Account.   

26. Intent to  Repay: Every time you use your Account, you represent to us that you 
intend to  and have the  ability to  repay your Account obligations. We rely on this 
representation every time you use your Account. 

27. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement 
with us about any amount you owe by sending a check on which you have written 
"Payment in Full" or similar language, you must send us a written explanation of the 
disagreement or dispute and any such check to Cardmember Service. (See Your Billing 
Rights section below for complete details.) This address is different than the address 
you use to make Account payments. Writing “Payment in Full” or similar language on 
the check will not be enough to resolve the dispute. If we collect a check or any payment 
instrument marked “Payment in Full” that you sent to an address other than the one 
provided in this section (such as the address at which you normally make payments), 
we will not have waived our right to collect any remaining amount you owe us under the 
terms of your Account. 

28. Default: You and your Account will be in Default if:  

(a) we do not receive the Minimum Payment by the Payment Due Date disclosed 
on the monthly Account statement; 
(b) you violate any other provision of this Agreement;  
(c) you die without a surviving joint Cardmember; 
(d) you  become insolvent, assign any property to  your creditors, or  go into 
bankruptcy or receivership; 
(e)  you have  made false  statements on  your Account  application or in the 
maintenance of your Account; 
(f) we have any reason to believe that your Account is in danger of, or is being 
used for fraud; 
(g) you are a married community property state resident and you or we receive a 
written termination notice of this Agreement from your spouse;  
(h) your Account becomes inactive;   
(i) anything happens that we believe in good faith materially increases the risk that 
you will not live up to your payment and other obligations under this Agreement; 
or 
(j) this is a joint Account and one of  you notifies us that he or she wants the 
Account closed or will no longer be liable on the Account. 

 You and your Account may also be in Default if you make transactions which go over 
your Revolve Limit.  

29. Illegal Purchases: You agree that you will not use or permit an Authorized User to 
use the Card or Account for any unlawful purpose, such as funding any account that is 
set up to facilitate online gambling.  

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

30. Ownership of this Account: Your Card and any other Account access devices that 
we supply to  you are our property and must be immediately returned to us or our 
designated agent or otherwise destroyed or surrendered as we instruct.  

31. Changes to your Account: Account and Agreement terms are not guaranteed for any 
period of time; we may change the terms of your Agreement, including APRs and fees, 
in accordance with applicable law and the terms of your Agreement. Your transactional 
experience with us may also cause a change, including an increase in the margin that 
is added to the Index, an increase in fees, or a decrease in the Revolve Limit. Factors 
considered in determining the increased rate or Revolve Limit decrease may include 
your general credit profile, existence, seriousness and timing of the defaults under any 
agreement that you have with us, and other indications of the Account usage and 
performance. We will give you notice of any such change in the manner required by law. 
Revised Account terms apply as of the effective date communicated in our notice to you 
unless the notice provides you with the right to opt out, and you do opt out, before the 
effective date.   

32. Cancellation of Your Account: We may cancel your Account or suspend your ability 
to obtain Account credit immediately, without notice, if your Account is in Default. Even  
if you are not in Default, we may cancel your Account by providing notice to you. You 
may cancel your Account by notifying us by telephone or in writing. If you have a secured 
Account, your termination request must be made in writing.  If this is a joint Account, we 
will  honor a request by either of  you to  cancel the  Account. After  the Account is 
cancelled, you will not be able to obtain additional Account credit, except that, (a) the 
Account may continue to receive recurring charges for items and services until you 
contact and cancel delivery with the company providing the item or service, or (b) under 
certain circumstances if you use your Account for a transaction, the transaction may be 
posted to your Account.  After your Account is cancelled, all amounts outstanding on 
your Account will be due and payable without notice or demand from us. You must cut 
all Cards and Convenience Checks in half and return them to us.  If you do not pay the 
amount you owe under this  Agreement, you will be liable for our collection costs 
including our reasonable attorney fees and expenses of legal actions, to  the extent 
permitted by applicable law. 

33. Assignment of Your Account to Another Creditor: We may assign, sell or transfer 
your Account and amounts owed by you to another creditor at any time. If we do, this 
Agreement will still be in effect unless and until amended, and any references made in 
this Agreement to “we”, “us”, or “our” will refer to the creditor to which we assigned, sold 
or transferred your Account or amounts owed under your Account. You may not delegate 
your obligations and responsibilities to us to any third party without our express written 
consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving you 
credit or collecting amounts owed on your Account. You agree that a consumer credit 
report may be requested periodically from one or more consumer reporting agencies 
(“Credit Bureaus”) and used in connection with your application and any update, renewal 
or extension of credit. We will provide information about you, your Account or your credit 
history to Credit Bureaus and others who may properly receive that information. 

35.  Credit Bureau Disputes: If  you  believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166-9801.  

36.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy Pledge 
was included with your original Agreement.  We also keep copies of our Privacy Pledge 
in financial institution offices and post it on our web site.  Our Privacy Pledge describes 
how we collect, protect and use confidential financial and other information about you 
and the circumstances in which we might share information about you with members of 
our corporate family and with unaffiliated third parties. Our Privacy Pledge also tells you 
how you can (a) limit the ways we share certain kinds of information about you and (b) 
request corrections to the information we maintain about you. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
37. Refusal to Honor Transactions: We and our agents are not responsible if anyone 
refuses to honor your Card or a Convenience Check, or if authorization for a particular 
transaction is not given. Although you may have credit available under your Account, 
we  may  be unable to authorize credit for a  particular transaction. The number of 
transactions you make in one day may be limited, and the limit per day may vary. These 
restrictions are for security reasons and as a result we cannot explain the details of how 
this system works. If your Account is over the Revolve Limit or delinquent, authorization 
of  credit  for  transactions may  be  declined. We  are not  responsible for anything 
purchased with your Card or a Convenience Check, except as expressly required by 
applicable law (see Your Billing Rights section below for more details). You must return 
goods you purchased with the Card or Account to the merchant and not to us.  

38. Third Party Offers: From time to time, third parties may provide you with benefits not 
related to the extension of Account credit. We are not liable for these features, services 
and enhancements, as they are the sole responsibility of the third party provider. We 
and/or a third party may add, change or delete entirely these benefits without notice or 
liability to you, to the extent permitted by applicable law. You agree to hold us harmless 
from any claims, actions or damages resulting from your use of any of these features, 
services or enhancements, where permitted by applicable law. 

39. Monitoring and Recording Communications: You understand and agree that we, and 
anyone acting on our behalf, may monitor and/or record any communications between 
you, or anyone acting on your behalf, and us, or anyone acting on our behalf, for quality 
control and other purposes.  You also understand and agree that this monitoring or 
recording may be done without any further notice to you or anyone acting on your behalf.  
The communications that may be monitored or recorded include telephone calls, cellular 
or mobile phone calls, and any other communications in any form.    

40. Severability: If a court of competent jurisdiction finds any part of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in effect as 
written after any such illegal or unenforceable portion is amended in conformance with 
applicable law or, if necessary, voided.  

41.  Entire Agreement: This version of  the  web Agreement replaces any previous 
versions of the web Agreement. The Agreement, as modified by any change in terms 
we may deliver from time to time in accordance with applicable law, constitutes the entire 
agreement between you and us, and supersedes any prior negotiation, agreement, or 
understanding between you and us concerning the subject matter of the Agreement.  

42. Waiver: We do not give up our rights under the Agreement or applicable law when 
we fail to exercise or delay exercising those rights. Our failure or delay to exercise any 
right or remedy we have against you does not mean that we waive that right. 

43.  Arbitration Provision: 
(a)  You agree that either you or we can choose to have binding arbitration resolve 
any claim, dispute or controversy between you and us that arises from or relates 
to this Agreement or the Account and credit issued thereunder (individually and 
collectively, a "Claim").    This  does not  apply to  any Claim  in  which  the relief 
sought is within the jurisdictional limits of, and is filed in, a small claims court.  If 
arbitration is chosen by any party, the following will apply: 

(1)  NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM 
IN COURT OR  TO HAVE A JURY TRIAL ON  A CLAIM, OR TO  ENGAGE IN 
PRE-ARBITRATION  DISCOVERY,  EXCEPT AS  PROVIDED  FOR  IN  THE 
APPLICABLE ARBITRATION RULES.  
(2)  Arbitration  will  only  decide  our  or  your  Claim,  and  you  may  not 
consolidate or  join  the claims  of  other  persons who  may  have similar 
claims.    YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A 
PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO 
ARBITRATION.  
(3) The arbitration  will  be performed in  accordance with this Arbitration 
Provision and the rules of the chosen arbitrator in effect when the Claim is 
filed.   
(4)  The arbitrator’s decision will  generally be final and binding,  except for 
the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also not be 
available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or the 
American  Arbitration  Association ("AAA")  (or,  if  neither  of  these arbitration 
organizations will  serve, then a comparable substitute arbitration organization 
agreed upon by the parties or, if the parties cannot agree, chosen by a court of 
competent jurisdiction).    If  JAMS is  selected, the  arbitration  will  be  handled 

according to its Streamlined Arbitration Rules unless the Claim is for $250,000 or 
more, in which case its Comprehensive Arbitration Rules shall apply.  If the AAA 
is selected, the arbitration will be handled according to its Commercial Arbitration 
Rules.  You may obtain rules and forms for JAMS by contacting JAMS at 1-800-
352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at 1-800-
778-7879 or www.adr.org.  Any arbitration hearing that you attend will take place 
in the federal judicial district where you reside.  At your request, we will advance 
your filing  and hearing fees for any Claim you may file against us. If you prevail 
on your Claim, we will  pay your arbitration costs and fees, other than attorney, 
expert and witness fees and expenses.  We will also pay any fees or expenses 
that applicable law  requires us  to  pay.   The  arbitrator  shall apply  applicable 
substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 
16, including but not limited  to applicable statutes of limitation, and shall honor 
claims of privilege recognized at law.  Judgment upon the award rendered by the 
arbitrator may be entered in any court having jurisdiction.  

(c) This Arbitration Provision shall survive repayment of your extension of credit 
and termination of your Account.  This Arbitration Provision shall be governed by 
federal law, including the Federal Arbitration Act, and by Ohio law, without regard 
to its internal  conflict of law  principles,  to the extent such state law  does not 
conflict with federal law or this Arbitration Provision. This Arbitration Provision 
shall not apply to a party who is a covered borrower under the Military Lending 
Act.  Notwithstanding any language of this Agreement to the contrary, should any 
portion of this Arbitration Provision be held invalid or unenforceable by a court 
or other body of competent jurisdiction, this entire Arbitration Provision shall be 
automatically terminated and all other provisions of this Agreement shall remain 
in full force and effect. 

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 percent. This rate must include, as applicable to the credit 
transaction or account: the costs associated with credit insurance premiums; fees for 
ancillary products sold in connection with the credit transaction; any application fee 
charged (other  than  certain  application fees  for  specified credit  transactions  or 
accounts); and any participation fee charged (other than certain participation fees for a 
credit card account). For a verbal transcript of this disclosure, please call 1-877-292-
1682. 

YOUR BILLING RIGHTS 

Keep this document for future use.   This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act. 

What to Do If You Find a Mistake on Your Statement: 
If you think there is an error on your statement, call or write to us. 

In your letter or call, give us the following information: 
•  Account information: Your name and Account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what 

you believe is wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 
1.  Within 30 days of receiving your letter or call, we must tell you that we received 

your letter.  We will also tell you if we have already corrected the error. 

2.  Within 90 days of receiving your letter or call, we must either correct the error or 
explain to you why we believe the bill is correct.  While we investigate whether or 
not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent 

• 

on that amount. 
The  charge in question may  remain on your statement,  and  we  may 
continue to charge you interest on that amount. 

•  While you do not have to pay the amount in question, you are responsible 

for the remainder of your balance. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
•  We can apply any unpaid amount against your Revolve Limit. 

• 

After We Finish Our Investigation, One of Two Things Will Happen: 
• 

If  we made a mistake, you will not have to pay the amount in question or any 
interest or other fees related to that amount. 
If  we do not believe there was a mistake, you will have to pay the amount in 
question, along with applicable interest and fees.  We will send you a statement 
of the amount you owe and the date payment is due.  We may then report you as 
delinquent if you do not pay the amount we think you owe.  If  you receive our 
explanation but still believe your bill is wrong, you must write to us within 10 days 
telling us that  you still refuse to pay.   If  you do so, we  cannot report you as 
delinquent without also reporting that you are questioning your bill.  We must tell 
you the name of anyone to whom we reported you as delinquent, and we must let 
those organizations know when the matter has been settled between us. 

If  we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases:  
If  you are dissatisfied with the goods or services that you have purchased with your 
Card, and you have tried in good faith to correct the problem with the merchant, you 

may have the right not to pay the remaining amount due on the purchase.  To use this 
right, all of the following must be true: 
1. 

The purchase must have been made in your home state or within 100 miles of 
your current mailing address, and the purchase price must have been more than 
$50. (Note: Neither of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods 
or services.) 
You must have used your credit card for the purchase. Purchases made with cash 
advances from an ATM or with a check that accesses your credit card Account   
do not qualify. 
You must not yet have fully paid for the purchase. 

2. 

3. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact 
us in writing. While we investigate, the same rules apply to the disputed amount as 
discussed above.  After we finish our investigation, we will tell you our decision. At that 
point, if  we think  you owe an amount and you do not pay, we may report you as 
delinquent. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER 
CHECKS. 

z16-ELAN FIDELITY