HSBC 

Terms and Conditions 

How We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)". 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in this 
Cardholder Agreement. 

You may pay the entire New Balance on your Account at any time. 

NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital property agreement, unilateral statement 
under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely 
affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the 
agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is 
incurred. If you are married, by submitting your credit card application you are confirming 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. 

CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT  

1. GENERAL: Each person signing and submitting, or electronically or telephonically submitting the application for a credit 
card account (“Account”) as applicant or joint applicant applies for an Account with HSBC Bank Nevada, N.A., a national 
banking association, and requests one or more credit card(s) bearing the name or tradename of Darvin Furniture to be 
used in connection with the Account. The word “Card” means any credit card(s) issued to you or an authorized user of 
your Account. In this Agreement, the words “you” and “your” refer to the applicant and joint applicant named on the credit 
card application and the words “we”, “us” and “our” refer to HSBC Bank Nevada, N.A., located at 1111 Town Center Drive, 
Las Vegas, Nevada 89144. 

If your application is approved, “applicant” will be referred to as “primary cardholder” and “joint applicant” will be referred 
to as “secondary cardholder” for purposes of this agreement. 

If we accept your application to open an Account, you agree that you will only purchase goods and services for personal, 
family and household purposes from merchants which honor the Card. 

2. ACCEPTANCE OF AGREEMENT: By a) signing and submitting, or electronically or telephonically submitting the 
application, using or permitting others to use the Card, b) signing or permitting others to sign sales slips; or c) making or 
permitting others to make purchases by telephone, Internet, or any other means, you agree to the terms and conditions of 
this Cardholder Agreement and Disclosure Statement, which includes an arbitration provision. 

3. PROMISE TO PAY: You agree to pay all amounts charged to the Account, whether incurred by you or anyone you 
authorize or permit to use your Account or Card. If the Account is a joint Account, the applicant and joint applicant each 
agree to pay and are jointly and individually responsible for all amounts charged on the Account regardless of any divorce 
or other legal proceedings or any agreement that may affect liability between the applicant and the joint applicant. If either 
of you give us notice disclaiming liability for amounts owed under this Agreement, we may close the Account. In that 
event, you will continue to pay the outstanding balance under the terms of this Agreement. However, you will not be able 
to make any new charges on the Account. 

4. ABILITY TO REPAY: When you use the Account or permit others to use the Account, you represent that you have the 
ability and intention to repay all amounts charged to the Account. 

5. BILLING STATEMENT: We will send you a billing statement monthly for each billing cycle at the end of which you have 
a debit or credit balance in excess of $1.00, or in which an Interest Charge has been imposed. The billing statement will 
show all purchases, Interest Charges and other charges or fees, including credit insurance or debt cancellation (if 
applicable), and all payments and other credits posted to your Account during the billing cycle. The billing statement will 
show the amount owed on your Account. The total Amount owed is called “New Balance” on your billing statement subject 
to the terms of Promotional Credit Plan purchases, if any, as indicated below. 

6. PROMOTIONAL CREDIT PLANS: The following Promotional Credit Plans may be offered from time to time as 
specified prior to or at the time of purchase: a) Waived Interest Charge Credit Plan – no Interest Charges will be imposed 
on the purchase for a specified period, as long as the Minimum Payment Due is paid when due each billing cycle; b) 
Same As Cash/Monthly Payment Credit Plan – If you pay the full cash sales price of the purchase before the promotional 
due date, as indicated on your billing statement, and pay the Minimum Payment Due when due each billing cycle, as 
indicated on your billing statement, no Interest Charges will be imposed on the purchase. If such payments are not so 
made, Interest Charges will be imposed from the purchase date; c) Reduced Rate Credit Plan – A reduced periodic rate 
will be applied to the purchase for the specified period as long as the Minimum Payment Due is paid when due each 
billing cycle; d) Special Repayment Factor Credit Plan – A special repayment factor will be applied to the purchase for the 
specified period as long as the Minimum Payment Due is paid when due each billing cycle; e) Special Repayment 
Factor/Reduced Rate Credit Plan – A special repayment factor and a reduced periodic rate will be applied to the purchase 

for the specified period as long as the Minimum Payment Due is paid when due each billing cycle.  All purchases that do 
not fall under a Promotional Credit Plan are referred to as Regular Credit Plan purchases. Certain rules apply to the 
allocation of payments and interest charges on your promotional purchase if you make more than one purchase on your 
Card. Call 1-888-367-4310 or review the Application of Payments section of this Agreement for information. 

7. INTEREST CHARGES: (a) Interest Charges are calculated separately for each Promotional Credit Plan and each 
Regular Credit Plan (each a “Credit Plan”). Promotional Credit Plans with different promotional due dates or terms are 
treated as different Credit Plans for this purpose. The total Interest Charge for the billing cycle is the sum of the Interest 
Charge for each Credit Plan, subject to the minimum Interest Charge under Section 8. 

(b) Interest Charges are imposed on purchases from the transaction date until paid in full, except that no Interest Charge 
is imposed in a billing cycle on: 

(i) a new purchase on a Regular, Reduced Rate, or Special Repayment Factor Credit Plan if the combined Previous 
Balance of those Credit Plans at the beginning of the cycle is zero or a credit balance, or is paid in full before the Payment 
Due Date that falls during the cycle; 

(ii) any balance on a Regular, Reduced Rate, or Special Repayment Factor Credit Plan if the combined Previous Balance 
of those Credit Plans at the beginning of the cycle is zero or a credit balance, or is paid in full before the Payment Due 
Date that falls during the cycle; 

(iii) a purchase on a Waived Interest Charge Credit Plan for the specified promotional period; 

(iv) a purchase on a Same As Cash Credit Plan if the full cash sales price is paid in full before the promotion expiration 
date. 

(c) If an Interest Charge is imposed on a Credit Plan other than a Same As Cash Credit Plan, the amount will be 
determined by multiplying the applicable Daily Periodic Rate times the Daily Balance for the Credit Plan for each day in 
the cycle, and adding the results of those calculations together. 

(d) If an Interest Charge is imposed on a Same As Cash Credit Plan during a cycle, the amount will be the sum of the 
following daily Interest Charge calculations for the Credit Plan during the current cycle and during each of the prior billing 
cycles (each a “Prior Cycle”) from the transaction date of the purchase through the current cycle: (i) the applicable Daily 
Periodic Rate for the Current Cycle times the Daily Balance for each day in the current cycle; and (ii) the applicable Daily 
Periodic Rate for each Prior Cycle times the Daily Balances of the Credit Plan for each day during each Prior Cycle. 

(e) The “Daily Balance” of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and 
adding 1) any new purchases made on the Credit Plan that day, 2) the previous day’s Interest Charges, 3) any credit 
insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit 
fees, returned payment fees or other fees incurred on that day and subtracting any payments or credits applied to the 
Credit Plan that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle 
will be subtracted from all Daily Balances in the current cycle. For any Same As Cash Credit Plan, credit insurance 
premiums or debt cancellation fees (if applicable) are not included in the Daily Balance of that Credit Plan during the 
promotional period. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of 
the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively 
to include the transaction amount as of the date of the original transaction. 

(f) The Daily Periodic Rate for the Standard Rate will be .05918% (corresponding 21.6% Annual Percentage Rate). The 
Daily Periodic Rate for the Penalty Rate will be .07014% (corresponding 25.6% Annual Percentage Rate). Your APR may 
increase to the Penalty APR if we fail to receive your minimum payment with in 60 days when due. You will no longer be 
eligible for the Standard Rate and all existing Promotional Credit Plans will terminate, and your entire Account balance will 
be subject to the Penalty Rate. If your Account becomes subject to the Penalty APR, we will provide advance notice 
before the new Penalty APR goes into effect.  If you make the next six consecutive on time minimum payments starting 
with your first payment due once the Penalty APR goes into effect, your rates will return to the non-penalty APR(s) 
applicable to your Account.  If you do not make these six consecutive on time minimum payments, we may keep the 
Penalty APR on your Account indefinitely. 

8. MINIMUM Interest CHARGE: A minimum Interest Charge of $2.00  will be assessed for each billing cycle in which an 
Interest Charge is payable. 

9. FEES: We may impose on your Account the following fees, which will be added to your Account when assessed: 

a) 
Payment Due, including any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. 

Late Payment Fee: A Late Payment Fee may be assessed for each billing cycle in which at least the Minimum 

The amount of the Late Payment Fee is shown in the chart below.  In no event will your Late Payment Fee 

exceed the amount of your Minimum Payment Due. 

Outstanding Balance on Payment Due Date - Up to and including $100 

 
Late Payment Fee - first time your payment is late. $19 

Late Payment Fee -  if another payment is late during the next 6 billing cycles. $19 

Outstanding Balance on Payment Due Date - More than $100 and up to and including $500 

Late Payment Fee - first time your payment is late. $25 

Late Payment Fee -  if another payment is late during the next 6 billing cycles. $29 

Outstanding Balance on Payment Due Date - More than $500 

Late Payment Fee - first time your payment is late. $25 

Late Payment Fee -  if another payment is late during the next 6 billing cycles. $35 

Returned Payment Fee: A Returned Payment Fee may be assessed to the Account each time a payment check, 

b) 
automatic payment deduction, or other payment method is not honored or is returned unsatisfied by your bank or other 
financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of transaction (i.e. 
purchases, etc.) and Interest Charges may be reinstated back to the payment date at the APR being charged for that 
transaction. 

Your Returned Payment Fee is $25. 

In no event will your Returned Payment Fee exceed the Minimum Payment Due. 

c) 
amount of this fee will be disclosed at the time such copies are requested. 

Research Fees: A Research Fee may be assessed to the Account for each copy of a requested document. The 

d) 

Reissued Card Fee: You may be charged $5 each time you request that your credit card be reissued. 

Payment by Phone Fee: A Payment by Phone Fee may be assessed to the Account each time a payment is 

e) 
made by telephone, even if the payment is made by someone other than you. The amount of this fee will be disclosed at 
the time such payment is requested. 

f) 
Fee of $0. 

Over the Credit Limit Fee: In the event you exceed your credit limit, you will be charged an Over the Credit Limit 

Collection Costs: If, after you default, we refer your Account to an attorney and/or collection agency for collection, 

g) 
we may charge you our collection costs, including court costs and reasonable attorneys’ fees, when and as permitted by 
applicable law. 

10. INSURANCE: If available and you elect any credit insurance coverage, you authorize us to charge the insurance 
premium for such insurance to your Account on a monthly basis. You understand the amount of the insurance premium is 
based on the Average Daily Balances of your Account for the billing cycle in which the premium is being assessed. Credit 
insurance charges begin to accrue on the transaction date for all purchases made on your Account. 

11. DEBT CANCELLATION: If available and you elect debt cancellation, you authorize us to charge the fee for such debt 
cancellation to your Account on a monthly basis. You understand the amount of the debt cancellation fee is based on the 
Average Daily Balances of your Account for the billing cycle in which the fee is being assessed. Debt cancellation charges 
begin to accrue on the transaction date for all purchases made on your Account. 

12. MINIMUM PAYMENT: You agree to pay us at least the Minimum Payment Due, reflected on your statement. If you 
wish, you may pay more than the Minimum Payment Due and at any time you may pay the entire amount due. Your 
Minimum Payment due is equal to your Minimum Payment plus the Special Repayment Factor for any Promotional Credit 
Plans with a special repayment factor plus any debt cancellation fees or credit insurance premiums attributable to any 
Reduced Rate/Special Repayment Factor Credit plans plus any delinquent amounts. The Minimum Payment is the 
greater of a.) $25 or b.) 1% of your “New Balance” (which does not include balances on Special Repayment Factor Credit 
Plans) plus billed Interest Charges plus any Late Fees assessed for that month, rounded to the next highest dollar. Your 
monthly billing statement will include requirements for you to follow in making payments including the cut-off hour for 
receipt of payments, which may affect crediting of your payments. 

13. PAYMENT RESTRICTIONS: All payments must be mailed or delivered to us at the Payment Processing Center 
address shown on your monthly billing statement. All payments must be made by check or money order. By sending us a 
check for payment on your account, you authorize us either to use information from your check to initiate an electronic 
fund transfer from your account according to the terms of the check or to process this transaction as a check.  When we 
use your check to make an electronic fund transfer, funds may be withdrawn from your account the same day we receive 

 
 
 
 
 
your payment, and you will not receive your check back from your bank. If you do not want your checks to be converted to 
an electronic fund transfer, please call Customer Service. You may not mail us cash. You agree that any payment may be 
returned to you if your check is: (a) not drawn in U.S. dollars on funds on deposit in the U.S.; (b) missing a signature; (c) 
drawn with different numeric and written amounts; (d) restrictively endorsed; (e) postdated; (f) drawn on a credit account 
issued by HSBC Bank Nevada, N.A. or an affiliate; (g) not paid on presentment. However, if you wish us to consider a 
payment marked “paid in full”, “without recourse”, or similar language, such payment must be marked for special handling 
and sent to HSBC Retail Services, P.O. Box 5226, Carol Stream, IL 60197-5226. You agree that we may accept any such 
payment, late payments, partial payments, and payments marked “paid in full”, “without recourse”, or otherwise 
restrictively endorsed without waiving our right to payment in full of your entire Account balance. 

14. APPLICATION OF PAYMENTS: Your payments are applied in a manner we determine in accordance with applicable 
law. We apply the amount of your payment equal to the Minimum Payment Due at our discretion and generally to the 
Minimum Payment Due calculated on each credit plan. We apply any payment in excess of the Minimum Payment Due on 
your account to higher APR balances before lower APR balances. If you have a Same As Cash Credit Plan(s), we will 
automatically apply payments received during the final two complete billing cycles and up to the date of expiration first to 
the required Minimum Payment Due and next to the plan(s) that is expiring, in the order of expiration; at other times, we 
will treat your Same As Cash Credit Plan as having a 0% APR for purposes of determining payment application. 

15. CREDIT LIMIT: You agree not to let the Account balance exceed the credit limit established for you by us from time to 
time. We do not have to honor any use of your Card or honor credit card checks which would cause you to exceed your 
credit limit, but if we do, you agree to repay the amount by which your credit limit is exceeded, plus Interest Charges 
immediately. 

16. CREDIT AUTHORIZATIONS: Some purchases will require our prior authorization and you may be asked by the 
merchant to provide identification. If our authorization system is not working, we may not be able to authorize a 
transaction, even if you have sufficient available credit. We will not be liable to you if any of these events happen. We are 
not responsible for the refusal of any merchant to accept or honor the Card or a credit card check. 

17. SECURITY: Except as indicated below, you grant us a purchase money security interest in the goods purchased with 
your Card and in all insurance contracts and all proceeds, returned premiums, mechanical failure and extended service 
contracts, and refunds of charges for mechanical failure and extended service contracts financed therewith. Each good 
purchased on your Account will secure the entire Account balance until such good is paid in full. For purposes of 
determining which goods are subject to a security interest, payments received will be deemed to be applied first to any 
unpaid insurance premiums or debt cancellation fees (if applicable), Interest Charges and fees and then to pay for 
purchases on the Account in the order in which they were made. When sufficient payments are made to repay the portion 
of the Account balance attributable to the purchase of a particular good, we will release our purchase money security 
interest in that good. Goods covered by a security interest may be taken from you if you do not pay on time. We may 
require you to make them available at a convenient place of our choice. We take no security interest in goods where the 
original purchase price is less than $200 if you live in New York and in goods where the original purchase price is less 
than $700 if you live in Maryland. If we repossess any goods purchased with your Card, we may charge you our 
repossession cost including, but not limited to, necessary repairs, storage fees and costs of sale, when and as permitted 
by law. 

18. DEFAULT: You will be in default under this Agreement upon: (a) your failure to make at least the Minimum Payment 
Due when due; (b) your violation of any other provision of this Agreement; (c) your death; (d) your becoming the subject of 
bankruptcy or insolvency proceedings; (e) your becoming the subject of attachment, foreclosure, repossession, lien, 
judgement or garnishment proceedings; (f) your supplying us with misleading, false, incomplete or incorrect information; 
(g) our receipt of information that you are unable or unwilling to perform the terms or conditions of this Agreement; (h) 
your failure to supply us with any information we reasonably deem necessary; (i) our receipt of information from third 
parties, including credit reporting agencies, which indicates a delinquency or charge-off with other creditors; (j) your 
default under any other loan or agreement you have with us or any of our affiliates; (k) your moving out of the U.S. or 
Canada or providing us with a non-U.S. or non-Canadian mailing address; (l) your becoming incompetent; (m) your 
exceeding your credit limit; (n) your payment being returned unpaid by your bank for any reason; (o) any credit card check 
being returned unpaid by us; or (p) your being in default under any other agreement or security agreement you have with 
us or with one of our affiliates. 

Upon default, we have the right to (a) terminate your credit privileges under this Agreement, (b) terminate any Promotional 
Credit Plans and convert balances to a Regular Credit Plan, (c) require you to pay your entire Account balance including 
Promotional Credit Plan balances, all accrued but unpaid Interest Charges and other charges provided for in this 
Agreement immediately and (d) bring an action to collect all amounts owed. 

19. ARBITRATION:  

Federal Arbitration Act 

This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the 
Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the "FAA"). The arbitrator shall apply applicable substantive law 
consistent with the FAA and provide written reasoned findings of fact and conclusions of law upon written request as set 
forth in the applicable arbitration association procedures. The arbitrator's award shall not be subject to appeal except as 
permitted by the FAA. Judgment upon the award may be entered in any court having jurisdiction. 

Claims and Arbitration Administrators 

This arbitration provision shall apply to any Claim (defined below) by or against us, or you or any other Covered Person 
(defined below). You agree any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; 
constitution; statute; common law; or equity and whether preexisting, present or future), including initial claims, 
counterclaims, cross-claims and third party claims, arising from or relating to (a) this Agreement, the application, your 
Account, any transaction or activity involving any payment or failure to make payment on your Account, or any solicitation, 
advertisement, promotion, or oral or written statements related to this Agreement or your Account, (b) the relationships 
which result from this Agreement and your relationship with any Covered Person pursuant to the criteria in the 
immediately preceding subsection or (c) the scope, validity or enforceability of this arbitration clause, any part thereof or 
the entire Agreement (any of the forgoing a "Claim"), shall be resolved, upon the election of you, us, or any other Covered 
Person described below, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures 
of the arbitration administrator (the “Administrator”) selected at the time the Claim is filed or received by a party to the 
Claim. The party initiating the arbitration proceeding shall have the right to select one of the following Administrators: 
Judicial Arbitration & Mediation Services, Inc. (“JAMS”) or the American Arbitration Association ("AAA"). The arbitrator 
shall be a lawyer with more than ten years experience or a retired or former judge. The rules and forms of JAMS and AAA 
may be obtained by writing to these organizations at the addresses listed under Further Information below. Our address 
for service of process under this provision is HSBC Bank Nevada, N.A., P.O. Box 98740, Las Vegas, NV 89193-8740. 

Small Claims Exemption 

We 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. However, if that Claim is transferred or appealed to a different 
court, we reserve our right to elect arbitration at such time. 

Location of Arbitration and Fees 

Any participatory arbitration hearing that you attend will take place in a location that is reasonably convenient to you. On 
any Claim you file, you will pay the first $50 of the filing fee. At your request we will pay the remainder of the filing fee and 
any administrative or hearing fees charged by the Administrator on any Claim submitted by you in arbitration up to a 
maximum of $1,500. If you are required to pay any additional fees to the Administrator, we will consider a request by you 
to pay all or part of the additional fees; however, we shall not be obligated to pay any additional fees unless the arbitrator 
grants you an award. If the arbitrator grants an award in your favor, we will reimburse you for any additional fees paid or 
owed by you to the Administrator up to the amount of the fees that would have been charged if the original Claim had 
been for the amount of the actual award in your favor. The parties shall bear the expense of their respective attorney's 
fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, or the fees paid to 
the Administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained 
herein. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have 
previously paid to the Administrator or for which we are responsible. 

Covered Persons 

This arbitration provision covers Claims by or against (a) us, any corporate parent, subsidiary, or affiliate, any predecessor 
or successor of the foregoing, and any officer, director, employee, agent or representative of any of the aforementioned, 
(b) you and any authorized user, and any other person claiming through you or any authorized user, and (c) any other 
person assisting us in offering Cards, administering Accounts or providing Card related benefits or services (“Covered 
Persons”). If a Claim that is within the scope of the first paragraph of the “Claims and Arbitration Administrators” 
paragraph above is advanced by or against any third person, and any of the persons mentioned in the previous sentence 
is involved as a party, then the entire Claim is subject to arbitration under this Agreement, including any Claim by or 
against any third person. 

Protection of Information 

The rules and procedures of the Administrator, which you may obtain from that organization, shall govern the arbitration 
unless they conflict with this arbitration provision, in which case this arbitration provision will control. The arbitrator will not 
be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to 
arbitration proceedings. If you or we request, the arbitrator will honor claims of privilege recognized under applicable law 
and will use best efforts to protect confidential information (including through use of protective orders). 

Parties to Arbitration 

Arbitration shall be conducted in the name of individually named parties. Unless all parties consent, neither you nor we 
may join, consolidate, or otherwise bring claims regarding two or more accounts, individuals, or account holders in the 
same arbitration, other than Covered Persons, joint applicants or authorized users of an account. There shall be no class 
actions, private attorney general actions, or other representative or collective actions, in an arbitration, even if the 
underlying dispute has been asserted in a court as a class action, private attorney general action, or other representative 
or collective action. No party may advance a Claim in arbitration on behalf of or against a person in a representative or 
collective capacity, or on behalf of or against a person who is not an individually named party to the arbitration; nor may a 
party seek an award or benefit in arbitration on behalf of or against a person who is not an individually named party. The 
arbitrator shall not have authority to resolve any claim advanced by or on behalf of anyone who is not an individually 
named party, and shall not have the authority to make an award for the benefit of, or against, anyone who is not an 
individually named party. No class actions or joinder or consolidation of any Claim with the claim of any other person are 
permitted in arbitration without the express written consent of you and us. These limitations are hereafter referred to as 
the “Class Action Waiver.” The parties to this Agreement acknowledge that the Class Action Waiver is material and 
essential to the arbitration of any Claims between the parties and is nonseverable from this arbitration provision. If the 
Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this 
sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation 
of the Class Action Waiver. You and we acknowledge and agree that under no circumstances will a class action be 
arbitrated. 

Decision and Appeal 

The arbitrator shall resolve all Claims, including the applicability of this arbitration provision or the validity of the entire 
Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. 
The arbitrator's decision will be final and binding unless you or we seek an appeal of the award by making a written 
request to the Administrator within the timeframe specified in the Administrator’s rules. In the event of such an appeal, an 
appeal panel consisting of three arbitrators will consider all factual and legal issues anew, will conduct the appeal in the 
same manner as the initial arbitration, and will make decisions based on the vote of the majority. The panel's decision will 
be final and binding. Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as provided 
under the FAA. An award in arbitration will be enforceable under the FAA by any court having jurisdiction. 

Consequences of Electing Arbitration 

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 EITHER PARTY ELECTS ARBITRATION. 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 EITHER PARTY. 

Further Information 

You may contact, obtain the arbitration rules of, or file a Claim with JAMS or AAA as follows: 

Judicial Arbitration & Mediation Services, Inc. 

American Arbitration Association 

620 Eighth Ave., 34th Floor 

1633 Broadway, Floor 10 

New York, NY 10018 

www.jamsadr.com  

Miscellaneous 

New York, NY 10019 

www.adr.org 

This arbitration provision shall survive termination of your Account as well as the repayment of all amounts borrowed 
hereunder. In the event of a conflict or inconsistency between the rules and procedures of the Administrator and this 
arbitration provision, this arbitration provision shall govern.  

Opt Out of Arbitration 

You may reject this arbitration provision without penalty. To do so, you must send HSBC, c/o HSBC Bank Nevada, N.A., 
P.O Box 98740, Las Vegas, NV 89193-8740 a signed writing (“Rejection Notice”) that is received within thirty (30) days 
after the date you sign the application. The Rejection Notice must identify the transaction involved and must include your 
name, address, and social security number and must be signed by all persons contractually obligated on your account. 
You may send the Rejection 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 reject the arbitration provision.  If the Rejection Notice is sent on your 
behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on 
your behalf. 

20. CHANGE OF TERMS: We may change or terminate any terms, conditions, services or features of your Account or 
this Agreement (including increasing your Interest Charges) at any time. We may also add new terms, conditions, services 
or features to your Account or this Agreement. We may impose any change in terms or any new terms on your 

 
 
 
 
 
 
 
 
 
 
 
 
outstanding balance as well as on subsequent transactions and balances. To the extent required by law, we will notify you 
in advance of any change in terms or any new terms by mailing a notice to you at your address as shown on our records. 
A change in the Annual Percentage Rate, pursuant to the variable rate provisions of this Agreement, shall not be 
considered a change in terms under this paragraph. 

21. LIABILITY FOR UNAUTHORIZED USE: You may be liable for the unauthorized use of your Card. You agree to notify 
us immediately upon learning of the possible unauthorized use of your Card. You will not be liable for unauthorized use 
that occurs after you notify us verbally or in writing. You may notify us in writing at HSBC Retail Services, P.O. Box 5226, 
Carol Stream, IL 60197-5226 of the loss, theft, or possible unauthorized use of your Card. In any case, your liability will 
not exceed $50. However, unauthorized use does not include use by a person to whom you have given authority to use 
the Card, and you will be liable for all use by such a person. To terminate this authority, you must retrieve the Card from 
the previously authorized user and return it to us at HSBC Retail Services, P.O. Box 5226, Carol Stream, IL 60197-5226, 
along with a letter explaining why you are doing so. 

22. LOST OR STOLEN CARD: You agree to notify us immediately if your Card is lost or stolen, or if you think someone is 
using your Account without your permission. You may notify us by writing us at HSBC Retail Services, P.O. Box 5226, 
Carol Stream, IL 60197-5226. 

23. LOST OR STOLEN CREDIT CARD CHECKS: You agree to notify us immediately if any credit card checks are lost or 
stolen. You may notify us by writing us at HSBC Retail Services, P.O. Box 5226, Carol Stream, IL 60197-5226. 

24. STOP PAYMENT: If before a credit card check drawn on your Account has been honored, you notify us not to pay it, 
we will stop payment on the credit card check. You must send a written and signed stop payment order which states the 
number, payee, amount and date of the credit card check on which payment is to be stopped. If you call, you must confirm 
the call in writing within 14 days. A written stop payment will remain in effect for six months, unless renewed in writing. 

25. CARD CANCELLATION: We can terminate or reduce your credit limit at any time and for any reason subject to the 
requirements of applicable law. Balances outstanding under this Agreement when your credit limit is reduced or 
terminated will continue to accrue Interest Charges until paid in full and are subject to all terms and conditions of this 
Agreement. You agree to return your Card(s) to us at any time we request. 

26. CLOSING YOUR ACCOUNT: You can cancel or close your Account by writing to us at HSBC Retail Services, P.O. 
Box 5226, Carol Stream, IL 60197-5226. Your notice becomes effective when we receive it. If you cancel or close your 
Account, you will still be responsible for all amounts owed us according to the terms of this Agreement. You agree to 
return your Card(s) to us. 

27. MONITORING PRACTICES: You agree that our supervisory personnel may listen to and record telephone calls 
between you and our representatives in order to evaluate the quality of our service to you and other cardholders. 

28. APPLICABLE LAW: This Agreement and your Account shall be governed by, and interpreted under, federal law, 
including the Federal Arbitration Act, and the laws of the State of Nevada applicable to contracts made and to be 
performed therein without reference to principles of conflict of laws. The legality, enforceability and interpretation of this 
Agreement and the amounts contracted for, charged and received under this Agreement will be governed by such laws. 
This Agreement is entered into between you and us in Nevada. We make decisions about granting credit to you from, and 
extend credit to you under this Agreement from, Nevada. Federal and Nevada law shall also apply to any controversy, 
claim or dispute arising from or relating in any way to the subject matter of this Agreement and/or your Account, including 
statutory, equitable and tort claims. 

29. CREDIT INVESTIGATION AND REPORTING: You agree that we may investigate your credit, employment and 
income records and verify your credit references and also may report to credit reporting agencies, merchants, and other 
creditors the status and payment history of your Account. 

30. DISPUTED ACCURACY OF CREDIT REPORT: If any specific information related to your Account, transactions or 
credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after 
confirmation of the alleged error) reported to any credit reporting agency by writing to us at HSBC Retail Services, P.O. 
Box 5253 Carol Stream, IL 60197-5253. 

31. UPDATED FINANCIAL INFORMATION: Upon request, you agree to promptly give us accurate updated financial 
information about yourself. 

32. DELAY TAKING ACTION: We will not lose any of our rights under this Agreement if we delay taking action for any 
reason. To the extent allowed by law, we may take other action not described in this Agreement, and by doing so will not 
lose our rights under this Agreement. 

33. CHANGE OF NAME, ADDRESS, OR EMPLOYMENT: You agree to give us 10 days advance notice of any change in 
your name, mailing address, telephone number, or place of employment. You agree the Department of Motor Vehicles 
may release your residence address to us should it become necessary to locate you. 

34. ASSIGNMENT OF ACCOUNT: We may sell, assign, or transfer your Account or any portion thereof without notice to 
you. You may not sell, assign or transfer your Account. 

35. SEVERABILITY: If any provision of this Agreement is finally determined to be void or unenforceable under any law, 
rule or regulation, all other provisions of this Agreement will remain valid and enforceable. 

36. NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we inform customers that should they fail to 
fulfill the terms of their credit obligation, a negative report reflecting on their credit record may be submitted to a credit 
reporting agency. If you are married, you may apply for credit in your own name. 

37. NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we obtain a judgment against you, a portion 
of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Florida and 
Federal law. 

38. NOTICE FOR MAINE RESIDENTS: We may request a consumer report in connection with your application for credit. 
You may ask whether a consumer report was obtained by us and we will tell you the name and address of the consumer 
reporting agency, if a report was obtained. 

39. NOTICE FOR MISSOURI RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear 
from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you 
(borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such 
matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except 
as we may later agree in writing to modify it. 

40. NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be requested in connection with this 
application or in connection with updates, renewals or extensions of any credit granted as a result of this application. 
Upon your request, you will be informed whether or not such a report was requested and, if so, the name and address of 
the agency that furnished the report. New York residents may contact the New York state banking department to obtain a 
comparative listing of credit card rates, fees and grace periods. New York State Banking Department: 1-800-522-3330. 

41. NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination require that all creditors make credit equally 
available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each 
individual upon request. The Ohio Civil Rights Commission administers compliance with this law. 

42. NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be requested in connection with this 
application or in connection with updates, renewals or extensions of any credit granted as a result of this application. 
Upon your request, you will be informed whether or not such a report was requested and, if so, the name and address of 
the agency that furnished the report. 

The information about the costs of the Card described in this Cardholder Agreement and Disclosure Statement is accurate 
as of August, 2011. This information may have changed after that date. To find out what may have changed write to us at 
1111 Town Center Drive, Las Vegas, Nevada 89144. 

YOUR BILLING RIGHTS—KEEP THIS NOTICE FOR FUTURE USE 

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. 

Notify Us In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information 
about a transaction on your bill, write us on a separate sheet at the address listed on your bill. Write to us as soon as 
possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem 
appeared. You can telephone us, but doing so will not preserve your rights. 

In your letter, give us the following information: 

• Your name and account number. 

• The dollar amount of the suspected error. 

• Describe the error and explain, if you can, why you believe there is an error. 

• If you need more information, describe the item you are not sure about. 

Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 
days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we 
believe the bill was correct. 

After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can 
continue to bill you for the amount you question, including interest charges, and we can apply any unpaid amount against 
your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to 
pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay 
any interest charges related to any questioned amount. If we didn’t make a mistake, you may have to pay interest 

charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you 
a statement of the amount you owe and the date that it is due. 

If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not 
satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to 
that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell 
anyone we report you to that the matter has been settled between us when it finally is. 

If we don’t follow these rules, we can’t collect the first $50 of the questioned amount, even if your bill was correct. 

Special Rule for Credit Card Purchases: If you have a problem with the quality of property or services that you purchased 
with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to 
pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have 
made the purchase in your home state or, if not within your home state within 100 miles of your current mailing address; 
and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the 
merchant, or if we mailed you the advertisement for the property or services. 

AG3120 (8/11) CI 

PRICING INFORMATION ADDENDUM 

Annual Percentage Rate (APR) for Purchases: 21.6%   

Penalty APR and When it Applies:  25.6%   
Your APR may increase to the Penalty APR if we fail to receive your minimum payment with in 60 days when due. You 
will  no  longer  be  eligible  for  the  Standard  Rate  and  all  existing  Promotional  Credit  Plans  will  terminate,  and  your  entire 
Account balance will be subject to the Penalty Rate. If your Account becomes subject to the Penalty APR, we will provide 
advance  notice  before  the  new  Penalty  APR  goes  into  effect.  If  you  make  the  next  six  consecutive  on  time  minimum 
payments  starting  with  your  first  payment  due  once  the  Penalty  APR  goes  into  effect,  your  rates  will  return  to  the  non-
penalty APR(s) applicable to your Account. If you do not make these six consecutive on time minimum payments, we may 
keep the Penalty APR on your Account indefinitely.  

Fees for Issuance or Availability: None 

Minimum  Interest  Charge:  A  minimum  Interest  Charge  of  $2.00  will  be  assessed  for  each  billing  cycle  in  which  an 
Interest Charge is payable.  

Transaction Charges: None 

How to Avoid Paying Interest on Purchases: Your due date is at least 23 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.   

Balance Computation Method: Average Daily Balance (including new purchases) 
The  “Daily  Balance”  of  a  Credit  Plan  is  determined    by  taking  the  opening  balance  of  the  Credit  Plan  for  that  day,  and 
adding  1)  any  new  purchase  made  on  the  Credit  Plan  that  day,  2)  the  previous  day’s  Interest    Charges,  3)  any  credit 
insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit 
fees,  returned  payment    fees  or  other  fees  incurred  on  that  day  and  subtracting  any  payments  or  credit  applied  to  the 
Credit Plan that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle 
will be subtracted from all Daily Balances in the current cycle.   

Cash Advance Fee: None 

Late Payment Fee:  Up to $35 

Over the Credit Limit Fee: None 

Balance Transfer Fee: None 

Returned Payment Fee: Up to $25 

Required Insurance, Debt Cancellation or Debt Suspension Coverage: None 

 
 
 
 
 
   
 
 
 
 
 
 
 
 
Disclosure  of  Rates:  The  Daily  Periodic  Rate  for  the  Standard  Rate  will  be  .05918%  (corresponding  21.6%  Annual 
Percentage  Rate).  The  Daily  Periodic  Rate  for  the  Penalty  Rate  .07014%  (corresponding  25.6%  Annual  Percentage 
Rate). 

787095087_Addendum_DarvinFurniture_3120