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i004370   |   01-2020

IF YOU ARE A MEMBER OF THE ARMED FORCES ON ACTIVE DUTY OR ON 
ACTIVE GUARD AND RESERVE DUTY OR A DEPENDENT AS DEFINED BY 10 
USCS 1072 (2)(A), (D), (E) OR (I) OF SUCH AN INDIVIDUAL, THIS ARBITRATION 
AGREEMENT IS NOT APPLICABLE TO YOU AND SHALL NOT HAVE ANY 
FORCE OR EFFECT PURSUANT TO THE MILITARY LENDING ACT.

Waiver of Jury Trial and Arbitration Provision
If we have retained agents (people who work for us but are not our employees) to 
help us in originating and servicing your Credit Card Account, you agree that any 
agents retained by us, the operator of the website where you submitted your 
application, and the purchaser(s) of any interest in your Credit Card are express 
third–party beneficiaries of this Waiver of Jury Trial and Arbitration Provision (the 
“Arbitration Provision”), and are entitled to enforce it to the same extent if they 
signed this Agreement.

1. Facts About Arbitration
ARBITRATION IS A PROCESS IN WHICH A PERSON WITH A DISPUTE: 
(A) WAIVES THEIR RIGHTS TO FILE A LAWSUIT AND PROCEED IN COURT AND 
TO HAVE A JURY TRIAL TO RESOLVE THEIR DISPUTES; AND (B) AGREES,
INSTEAD, TO SUBMIT THEIR DISPUTES TO A NEUTRAL THIRD PERSON (AN 
“ARBITRATOR”) FOR DECISION. EACH PARTY TO THE DISPUTE HAS AN 
OPPORTUNITY TO PRESENT SOME EVIDENCE TO THE ARBITRATOR.
PRE-ARBITRATION DISCOVERY MAY BE LIMITED. ARBITRATION PROCEEDINGS 
ARE PRIVATE AND LESS FORMAL THAN COURT TRIALS. THE ARBITRATOR 
WILL ISSUE A FINAL AND BINDING DECISION RESOLVING THE DISPUTE, WHICH 
MAY BE ENFORCED AS A COURT JUDGMENT. A COURT RARELY OVERTURNS 
AN ARBITRATOR’S DECISION. THEREFORE, YOU ACKNOWLEDGE AND 
AGREE AS FOLLOWS:

2. Rejection of Arbitration
You may reject arbitration by sending a notice (“Rejection Notice”) that we receive 
within three (3) Banking Days after the date you first use your Credit Card Account. 
Any Rejection Notice must be signed by you and must include my name, address, 
telephone number and Agreement number or date.

3. Where to Send Notice to Reject Arbitration
You must mail your Rejection Notice or send it by messenger service (such as 
Federal Express) to us at First National Bank, Customer Service, ATTN: TA-24 
(for disputes) or TA- 21 (for fraud), P.O. Box# 30495, Tampa, FL 33630 
Attn: Arbitration or by fax to: 1-866-451-6263 Attn: TA-24 (for disputes) or TA-21 
(for fraud). In the event of any dispute concerning whether you have provided a 
Rejection Notice within the time permitted, you must provide a signed receipt or 
a fax confirmation that proves you sent it to us in time. This is the only method 
you can use to reject this 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.

4. Definitions
The following definitions apply to this arbitration provision: “Administrator” means 
either the American Arbitration Association or the National Arbitration Forum. 
Each of these companies maintains an Internet website, publishes pamphlets, 
and is otherwise available to answer frequently asked questions about arbitration. 
We encourage you to contact them directly with any questions you may have 
about them or arbitration. You can contact them at: National Arbitration Forum, 
P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2381; 
American Arbitration Association, 335 Madison Avenue, New York, NY 10017, 
www.adr.org, (800) 778-7879. “Dispute” and “Disputes” are given the broadest 
possible meaning and include, without limitation (a) all claims, disputes, or 
controversies arising from or relating directly or indirectly to the signing of this 
Arbitration Provision, the validity and scope of this Arbitration Provision and any 
claim or attempt to set aside this Arbitration Provision; (b) all Federal or state law 
claims, disputes or controversies, arising from or relating directly or indirectly to 
the Credit Card Agreement (including the Arbitration Provision), the information 
you gave us before entering into the Credit Card Agreement, including the 
Application, and/or any past agreement or agreements between you and us; 
(c) all counterclaims, cross-claims and third-party claims; (d) all common law 
claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims 
based upon a violation of any state or Federal constitution, statute or regulation; 
(f) all claims asserted by us against you, including claims for money damages to 
collect any sum we claim you owe us; (g) all claims asserted by you individually 
against us and/or any of our employees, agents, directors, officers, shareholders, 
governors, managers, members, or affiliated entities (hereinafter collectively 
referred to as “related third parties”), including claims for money damages and/
or equitable or injunctive relief; (h) all claims asserted on your behalf by another 
person; (i) subject to Section 6 below, all claims asserted by you as a private 
attorney general, as a representative and/or member of a class of persons, and/
or in any other representative capacity, against us and/or related third parties 
(hereinafter referred to as “Representative Claims”); and/or (j) all claims arising 
from or relating directly or indirectly to the disclosure by us or related third parties 
of any non-public personal information about you.

5. Waiver of Jury Trial and Participation in Class Action
You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE 
ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;

(b) YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT OTHER THAN A 
SMALL CLAIMS TRIBUNAL RESOLVE ANY DISPUTE ALLEGED AGAINST US 
OR RELATED THIRD PARTIES; and
(c) YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS 
A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE 
CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF 
CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD 
PARTIES.

6. No Class Actions
All disputes including any Representative Claims against us and/or related 
third parties shall be resolved by binding arbitration only. Disputes shall be  
resolved on an individual basis with you. THEREFORE, THE ARBITRATOR 
SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATION OR TO 
CONSOLIDATE CLAIMS OF MULTIPLE PARTIES; THAT IS, THE ARBITRATOR 
SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE 
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR 
OTHERS IN THE ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION 
HEREIN, THE ARBITRATOR SHALL NOT HAVE THE POWER OR AUTHORITY 
TO DETERMINE IF THIS SECTION 6 IS VALID AND ENFORCEABLE. ONLY A 
COURT SHALL HAVE SUCH POWER AND AUTHORITY.

7. Starting the Arbitration
Any party to a Dispute, including related third parties, may send the other party 
written notice by certified mail, return receipt requested, of their intent to arbitrate 
and setting forth the subject of the dispute along with the relief requested, even if 
a lawsuit has been filed.

8. Selection of Arbitrator
Regardless of who demands arbitration, you shall have the right to select either 
the American Arbitration Association or National Arbitration Forum. Their contact 
information is above. However, the parties may agree to select a local arbitrator 
who is an attorney, retired judge, or arbitrator registered and in good standing 
with an arbitration association and arbitrate pursuant to such arbitrator’s rules. 
The party receiving notice of arbitration will respond in writing by certified mail, 
return receipt requested, within twenty (20) days. If you demand arbitration, 
you must inform us in your demand of the arbitration organization you have 
selected or whether you desire to select a local arbitrator. If related third parties 
or we demand arbitration, you must notify us within twenty (20) days in writing 
by certified mail, return receipt requested, of your decision to select one of the 
Administrators or your desire to select a local arbitrator. If you fail to notify us, 
then we have the right to select one of the Administrators.

9. What Law and Rules Apply to the Arbitration
This Waiver of Jury Trial and Arbitration Provision shall be governed by the 
Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”) because the transaction 
evidenced by this Credit Card Agreement involves interstate commerce. 
If a final, non-appealable judgment of a court having jurisdiction over this 
transaction finds, for any reason that the FAA does not apply to this transaction, 
then the Arbitration Provision shall be governed by the arbitration law of the 
Commonwealth of Pennsylvania. The arbitrator shall apply applicable substantive 
law consistent with the FAA, applicable statutes of limitation, and shall honor 
claims of privilege recognized at law. The parties to such Dispute will be 
governed by the rules and procedures of the Administrator selected applicable 
to consumer disputes to the extent those rules and procedures do not contradict 
the express terms of this Arbitration Provision, including the limitations on the 
arbitrator in this Arbitration Provision. You may obtain a copy of the rules and 
procedures by contacting the arbitration organization listed above.

10. Other Arbitration Rules
In addition to the parties’ rights to obtain discovery pursuant to the applicable 
arbitration rules, either you or us may submit a written request to the arbitrator to 
expand the scope of discovery normally allowed under the rules of the
Administrator selected. The arbitrator shall have discretion to grant or deny such 
request. The arbitrator may decide, with or without a hearing, any motion that is 
substantially similar to a motion to dismiss for failure to state a claim or a motion 
for summary judgment. In conducting the arbitration, the arbitrator shall not apply 
any Federal rules of civil procedure or evidence.

11. The Decision of the Arbitrator
At the request by you or us, the arbitrator shall provide a written explanation for 
the award. The arbitrator must approve the explanation. The arbitrator will apply 
the applicable substantive law relating to the Dispute and award any remedies 
available as if the Dispute was heard by a court. The arbitrator’s award may 
be filed with any court having jurisdiction. Regardless of whether the arbitrator 
renders a decision or an award in your favor resolving the Dispute, you will not be 
responsible for reimbursing us for your portion of the Arbitration Fees.

12. Location of Arbitration
The arbitration hearing will be conducted in the county of your residence, within 
30 miles from such county, or in such other place as shall be ordered by the 
arbitrator.

13. Payment of Arbitration Fees
If you demand arbitration, then at your request we will advance your portion of 
the expenses associated with the arbitration, including the filing, administrative, 
hearing and arbitrator’s fees (collectively the “Arbitration Fees”). If related third 
parties or we demand arbitration, then at your written request we will advance 
your portion of the Arbitration Fees. Throughout the arbitration, each party shall 
bear his or her own attorneys’ fees and expenses, such as witness and expert 
witness fees provided that if an arbitrator finds in your favor or the law requires it, 
we will pay your attorney fee and costs.

14. Appeal of Decision
The arbitrator’s decision is final and binding, except for any right of appeal 
provided by the FAA. However, if the amount of the dispute is greater than 
$7500, either you or we can appeal the award to a three-arbitrator panel 
administered by the selected Administrator which shall reconsider any aspect of 
the initial award requested by the appealing party.

15. Small Claims Tribunal
You and us, including related third parties, shall have the right to go to a small 
claims court for Disputes within the scope of such court’s jurisdiction. Any 
Dispute that cannot be brought in a small claims court shall be resolved by 
binding arbitration. Any appeal of a judgment from a small claims court shall be 
resolved by binding arbitration.

16. Severability
If any part of this Agreement, including any part of the Arbitration Provision is 
held invalid or unenforceable, such provision will be considered changed to the 
extent necessary to comply with law, and the validity or enforceability of any other 
provision will not be affected; provided, however, that if paragraph 6 precluding 
the arbitrator from conducting a class or consolidated arbitration is deemed 
invalid or unenforceable, the entire Arbitration Provision shall be deemed void and 
if class action litigation or a class-wide arbitration is permitted for any reason with 
respect to any dispute, either party may require that the entire dispute be heard 
by a judge, sitting without a jury, under applicable court rules and procedures.

17. Other Provisions
This Agreement to Arbitrate will survive: (i) termination or changes in this Credit 
Card Agreement, your Account, or the relationship between us concerning the 
Account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment 
of my Note, or any amounts owed on my account, to any other person or entity. 
This Agreement to Arbitrate benefits and is binding upon you, your respective 
heirs, successors and assigns. It also benefits and is binding upon us, our 
successors and assigns, and related third parties. The Agreement
to Arbitrate continues in full force and effect, even if your obligations have been 
paid or discharged through bankruptcy. The Agreement to Arbitrate survives any 
termination, amendment, expiration, or performance of any transaction between 
you and us and continues in full force and effect unless you and we otherwise 
agree in writing. If any of this Agreement to Arbitrate is held invalid, the remainder 
shall remain in effect. This Credit Card Agreement includes a Waiver of Jury Trial 
and Arbitration Provision that may be enforced by you and us. You agree that 
you have read and understand all of the terms of this Credit Card Agreement, 
including the part entitled “Waiver of Jury Trial and Arbitration Provision.”

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, write to us at:

First National Bank, Customer Service 
P.O. Box #31535, Tampa, FL 33631-3535

In your letter, give us the following information:
•  Account information: Your name and account number.
•  Dollar amount: The dollar amount of the suspected error.
•  Description of problem: If you think there is an error on your bill, describe what 

you believe is wrong and why you believe it is a mistake.

You must contact us:
•  Within 60 days after the error appeared on your statement.
•  At least 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do 
we are not required to investigate any potential errors reported via telephone and 
you may have to pay the amount in question.

PLEASE NOTE: It is very helpful if your letter also includes the transaction date 
and the reference number for the charge, if available, from your billing statement.

What Will Happen After We Receive Your Letter: 
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your 

letter. We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:
•  We cannot try to collect the amount in question, or report you as delinquent 

for 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 Total Credit Line.
After we finish our investigation, one of two things will happen:
1. If we determine there was a mistake: You will not have to pay the amount in 

question or any interest or other fees related to that amount.

2. 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, including to credit reporting agencies, if you do not pay the 
amount we think you owe.

If you receive our explanation but still believe your bill is wrong:
•  You must write to us within 10 days telling us that you still refuse to pay.
•  If you do so, we cannot report you as delinquent without also reporting that 

you are questioning your bill.

•  We must tell you the name of anyone to whom we reported you as delinquent, 
and we must let those organizations know when the matter has been settled 
between us.

•  If we do not follow all of the rules above, you do not have to pay the first $50 

of the amount you question even if your bill is correct.

Your Rights if You are Dissatisfied with Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with 
your credit card and you have tried in good faith to correct the problem with the 
merchant, you may have the right not to pay the remaining amount due on the 
purchase.

To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles 

of your current mailing address, and the purchase price must have been more 
than $50. (Note: Neither of these are necessary if your purchase was based on 
an advertisement we mailed to you, or if we own the company that sold you 
the goods or services.)

2. You must have used your credit card for the purchase. Purchases made with 
cash advances from an ATM or with a check that accesses your credit card 
account do not qualify.

3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase,
contact us in writing at:

First National Bank, Customer Service 
P.O. Box #31535, Tampa, FL 33631-3535

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.

CREDIT CARD AGREEMENT

This First National Bank of Pennsylvania Credit Card Agreement (“Agreement” or 
“Credit Card Agreement” or “Cardholder Agreement”) is for your credit card 
account (“Account” or “Card”) with First National Bank of Pennsylvania. It applies 
to you and all authorized users of the Account as outlined below. 

As required by law, rates, fees, and other costs of this credit card account are 
disclosed below. All account terms are governed by the Credit Card Agreement. 
Account and Agreement terms are not guaranteed for any period of time; all terms, 
including fees and the APRs, may change in accordance with the Agreement and 
applicable law. This Agreement becomes effective upon receipt of the Agreement 
(the “Effective Date”).

YOUR CONTRACT WITH US
This document, and any future changes to it, is your agreement with us. We will 
refer to this document as your “Agreement” or “Credit Card Agreement”; these 
terms also include any changes we may make to this document from time to time.

“We”, “us”, “our”, and “FNB” means First National Bank of Pennsylvania. “You” 
and “your” mean each and all of the persons who are granted, accept, or use the 
account, and any person who has guaranteed payment of the account.

We reserve the right to amend this Agreement at any time, by adding, deleting, or 
changing provisions of this Agreement. All amendments will comply with the 
applicable notice requirements of federal and Pennsylvania law that are in effect 
at that time. If an amendment gives you the opportunity to reject the change, and 
if you reject the change in the manner provided in such amendment, we may 
terminate your right to receive credit and may ask you to return all credit devices 
(e.g. cards, access checks, etc.) as a condition of your rejection. Our failure or 
delay in exercising any of our rights under this Agreement does not mean that we 
are unable to exercise those rights later.

The reasons we may amend this Agreement include the following:
•  Changes in regulation or legislation, or a change in the interpretation of a 

regulation or legislation.

•  Changes related to your individual credit history, such as; your risk profile, your 
payment or transaction patterns, balance patterns, the utilization levels of this 
and other accounts, credit bureau information including the age, history and 
type of other accounts, and the measure of risk associated with each.
•  We may also change terms for reasons not related to your individual credit 
history, such as overall economic and market trends, product design, and 
business needs.

USE OF YOUR CARD
Acceptable Use of Your Card
You may use your Account for personal, family, or household purposes. You may 
not use your Account for business or commercial purposes. To avoid unauthorized 
use of your Card, please sign the back of your Card immediately. Please notify us 
immediately of the loss, theft, or possible unauthorized use of your Account at 
1-866-317-0355. We may replace your Card with another card at any time.

Limitations & Warnings
•  You may not use this Account, to make a payment on this or any other credit 

account with us or our affiliates.

•  You may not use or permit your Account to be used to make any illegal 

transaction.

•  You will only use your Account for transactions that are legal where you conduct 
them. For example, Internet gambling transactions may be illegal in your state.
•  Display of a payment card logo by an online merchant does not mean that an 

Internet transaction is legal where you conduct it. We may charge your Account 
for such transactions.

•  We will not be liable if you engage in an illegal transaction.
•  We may deny authorization of any transactions identified as Internet gambling
•  You may not use your Account to conduct transactions in any country or 

territory or with any individual or entity that is subject to economic sanctions 
administered and enforced by the U.S. Department of the Treasury’s Office 
of Foreign Assets Control (OFAC). Use of your Card in those countries will be 
blocked.

Other People Using Your Account
If you permit any person to use your Card, access checks, account number, or 
other credit device with the authorization to obtain credit on your Account, you 
will be liable for all transactions made by that person including transactions for 
which you may not have intended to be liable, even if the amount of those 
transactions causes a credit line to be exceeded.
•  Authorized users of this Account may have the same access to information 

about the Account and its users as the account holders.

•  We may send Account materials (cards, statements, and notices) to any liable 
party; that person will be responsible for delivering those materials to the other 
liable parties and authorized users.

•  Notice to any of you will be considered notice to all of you.

Adding Authorized Users
You must think carefully before you allow anyone to become an authorized user. 
By doing so, you authorize the person to use your  Account to the same extent 
you can, including, but not limited to: making any Purchases, Cash Advances, 
and otherwise allowing others to use your Account.
•  You may allow authorized users on your Account in the following ways:

1. By notifying us that you want someone added to your Account as an 

authorized user;

2. By lending your Card or account number to another; or
3.  By any other ways in which you would be legally considered to have allowed 
another to use your Account or to be legally prevented from denying that you 
did so.

•  If you choose to allow anyone else to use your Account please consider:

1. Your Account does not permit you to limit the nature or amount of authority 

you give to any authorized user and you will not attempt to do so.

2.  An authorized user’s authority will continue until you both notify us that you are 
terminating the authority and you physically retrieve the Card from the user. If 
you cannot retrieve the Card, you will remain liable for any transactions that 
we cannot prevent after you notify us.

Additional Card Benefits
We may offer you certain benefits and services with your Account. Any benefits 
or services are not a part of this Agreement, but are subject to the terms and 
restrictions outlined in the benefits brochure and other official documents provided 
to you from time to time by or on behalf of FNB. We may adjust, add, or delete 
benefits and services at any time and without notice to you.

TYPES OF TRANSACTIONS
You may obtain credit in the form of Purchases and Cash Advances 
By using Cards, access checks, your account number, or other credit devices 
you may obtain credit in the following ways:
•  Cards - Are all the credit cards we issue to you and to any other person with 

authorization for use on this account pursuant to this agreement including the 
account number associated with this card.

•  Access Checks - Is a check we provide to you to obtain credit on your account. 
All access checks include an expiration date printed at the top. We will honor 
access checks received for payment before the expiration date printed on the 
check, provided your Account is open and in good standing, with available 
credit. Access checks without a printed expiration date will not be honored.

Purchases and Cash Advances
•  Purchase - Means the use of your card or account number to buy or lease 
goods or services; Purchases include Account Fees, as well as Transaction 
Fees and adjustments associated with any Purchase.

•  Cash Advance - Means accessing your Account in the following ways:

1.  Direct Deposit: by a transfer of funds via an ACH (Automated Clearing House) 

transaction to a deposit account initiated by us at your request
2. Check Cash Advance: by an access check you sign as drawer.
3. Bank Cash Advance: by obtaining cash via a credit card in the following 

manner:

•  ATM (“ATM”) Cash Advance: at an automated teller machine;
•  Over the Counter (“OTC”) Cash Advance: at any financial institution (e.g., 

to obtain cash, money orders, wire transfers, or travelers checks), or at any 
non-financial institution (i.e., to obtain cash);

 
2

3

4

4. Cash Equivalents: by the purchase of foreign currency, money orders or 

travelers checks from a non- financial institution, or person-to-person money 
transfers, bets, lottery tickets, casino gaming chips, or bail bonds with your 
card;

5. Returned Payment: for any payment you make to us that is returned to us 

unpaid for any reason, including the related interest charges.

Rates for Non-Protected Balances
If your variable APR is increased due to an increase in the Index as outlined above, 
or due to the application of a default or Penalty APR as outlined in the “Default 
& Penalty APR” section below, your balances will not be considered Protected 
Balances and the interest rate for those balances may be increased upon notice 
to you.

All Cash Advances are subject to the amount of the remaining available Credit Line. 
Cash Advances are limited to 25% of your available Credit Line. Terminals or 
terminal operators may impose other limits on the amount or frequency of cash 
withdrawals. For more information on credit lines, please refer to the section titled 
“CREDIT AVAILABILITY Understanding Your Credit Line”.

Balance Transfers
From time to time, we may offer you the chance to transfer balances from your 
other credit card accounts to this account.
•  Unless you tell us otherwise, we will treat balance transfers as purchases for 

the purpose of calculating interest.

•  We reserve the right to decline to process any balance transfers request for 

any reason, and will not transfer a balance from any of our affiliates.

•  Transfers will be processed in the order determined by us.
•  If the amount you wish to transfer is greater than your available credit limit, we 

may reject the request(s).

•  It may take up to four weeks for a balance transfers request to be credited to 

your other credit card account(s).

•  It is your responsibility to make any payments required to keep your other 

account(s) current and to close your other account(s) if you desire.

•  We are not responsible for any charges you may incur on your other account(s) 

as a result of your balance transfer(s).

•  If you have a dispute with a creditor, and you pay the balance in question by 

transferring it to your FNB account, you may lose certain dispute rights.

•  Balance transfer transactions are subject to fees. For more information please 

see the section entitled, “TRANSACTION FEES”.

Transactions Made in Foreign Currencies
If you make a transaction in a foreign currency, the transaction will be converted 
by Visa International into a U.S. dollar amount in accordance with the operating 
regulations or conversion procedures in effect at the time the transaction is 
processed. Currently, those regulations and procedures provide that the currency 
conversion rate to be used is either (1) a wholesale market rate or (2) a government- 
mandated rate in effect one day prior to the processing date. The currency 
conversion rate in effect on the processing date may differ from the rate in effect on 
the transaction date or posting date.

INTEREST AND FEES
Interest Rates – Annual Percentage Rates (“APR”)
The APR or “Annual Percentage Rate” is an annualized interest rate. Our interest 
rates are currently variable rates. This means that they can change over time.

How To Calculate Variable Rates - Variable Rates are calculated by adding 
together an “index” rate and a “margin”. The index rate is U.S. Prime Rate as 
published in the Wall Street Journal.  Margin will be determined by your 
creditworthiness and outlined in the Interest Rate and Interest Charges table.
•  Index - Is the highest U.S. Prime Rate as published in the “Money Rates” 
section of The Wall Street Journal two (2) business days (not weekends or 
Federal holidays) before the closing date shown on your Billing Statement.
•  The APR may increase or decrease each month if the Prime Rate changes.
•  An increase or decrease in the Index will cause a corresponding increase or 

decrease in your variable rates on the first day of your billing cycle that begins 
in the same month in which the index is published.

•  An increase in the index means that you will pay higher interest charges and 

may have a higher Total Minimum Payment Due.

•  A decrease in the index means that you will pay lower interest charges and 

may have a lower Total Minimum Payment Due.

•  In General, we calculate the interest charge separately for each transaction 
type (purchases, balance transfers, and cash advances) as well as for any 
applicable promotional rate. This means that your Account may have separate 
balances for each transaction type.

•  If The Wall Street Journal does not publish the U.S. Prime Rate, or if it changes 
the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute 
another Index.

Rates for Protected Balances
Some of your balances may be considered “Protected Balances” if we raise your 
variable interest rate due to a change in the Cash or Purchase Margin as outlined 
above. Protected Balances may also result if we modify your interest rate from a 
Fixed Rate to a Variable Rate. If an interest rate change for new transactions is 
applied to your account, any existing balances of that type will be identified as 
“Protected Balances” on your statement. These Protected Balances generally are 
kept at their current APR until the balances are paid in full and the rate increase 
will not apply to those balances.

CALCULATION OF INTEREST CHARGES
Methods for Calculating Balances Subject to Interest Rates
Interest Charges for a Billing Cycle are calculated separately for each balance 
(for example, Purchases and Cash Advances). The methods used to calculate 
balances subject to interest charges are:
•  For Purchases – “Average Daily Balance Method (excluding new purchases)”
•  For Cash Advances – “Average Daily Balance Method (including new 

transactions)”.

How We Calculate Purchase Balances Subject to Interest Rate
Interest charges for Purchases begin on the date the purchase is posted to the 
account unless the New Balance shown on the previous statement was paid in 
full prior to the Due Date. We calculate separate Balances Subject to an Interest 
Rate for Purchases by:
1. Calculating a daily balance for each day in the current billing cycle;
2. Adding all the daily balances together; and
3. Dividing the sum of the daily balances by the number of days in the current 

billing cycle.

To calculate the daily balance for each day in the current billing cycle, we:
1. Take the beginning balance of the account each day;
2. Subtract applicable payments and credits.
3. If any daily balance is less than zero we treat it as zero.

How We Calculate Cash Advance Balances Subject to Interest Rate  
Interest charges for Cash Advances begin on the date the transaction is posted 
to the Account we calculate separate Balances Subject to an Interest Rate for 
Cash Advances by:
1. Calculating a daily balance for each day in the current billing cycle;
2. Adding all the daily balances together; and
3. Dividing the sum of the daily balances by the number of days in the current 

billing cycle.

To calculate the daily balance for each day in the current billing cycle, we:
1. Take the beginning balance;
2. Add an amount equal to the applicable Daily Periodic Rate multiplied by the 

previous day’s daily balance;
3. Add new Cash Advances and
4. Subtract applicable payments and credits.
5. If any daily balance is less than zero we treat it as zero.

BILLING CYCLE AND PAYMENT DUE DATE
A billing cycle is a time period that ends on a Statement Closing Date (or “Closing 
Date”) determined by us and begins on the day after the Closing Date of the 
previous billing cycle. Each monthly statement reflects a single billing cycle. Your 
Payment Due Date will be at least 25 days from your statement Closing Date and 
will fall on the same calendar day each month.

PAYING INTEREST
When applicable, interest accrues daily and compounds daily on new transactions, 
and balances remaining from previous billing cycles. Interest will not continue to 
accrue if you have paid the full amount of any related balances because we do not 
include any accrued, but unpaid interest in the calculation of each Balance Subject 
to Interest Rate.

When You Will Pay Interest on New Purchases
We will not charge you any interest on purchases made in the current billing 
cycle (“New Purchases”) if you always pay your entire New Balance Total by 
the Payment Due Date. If you do not pay your entire New Balance Total by the 
Payment Due Date, finance charges for New Purchases will begin to accrue on 
the first day of the next billing cycle.

New Balance Total means the total billed amount as of the Closing Date of a 
billing cycle, as shown on your monthly statement. “Pay in Full” or “Paid in Full” 
means payments and credits in a billing cycle totaling at least your previous billing 
cycle’s New Balance Total.

When You Will Pay Interest on Cash Advances
(Including Returned Payments):
We will begin charging interest on Cash Advances on the transaction date. 
The transaction date for access checks is the date the check is first deposited 
or cashed. The transaction date for a Returned Payment is the date that the 
corresponding payment posted to your account.

TRANSACTION FEES
There are three types of transaction fees associated with your account. If you 
conduct one of the following transactions, we will assess the following Transaction 
Fees to your account and apply that fee to the same category to which the 
transaction is posted. These fees may also be subject to promotional, special or 
additional terms, which are included as part of your Agreement.
•  Cash Advance – If you obtain a Cash Advance, we will assess a transaction 
fee equal to 3% of the amount of each advance or $10.00, whichever is 
greater.

•  Balance Transfer – If you request a balance transfer and we accept that 

transfer, we will assess a transaction fee equal to 4% of the amount of each 
transfer or $10.00, whichever is greater.

ACH Payments
We process most paper checks received for payment electronically. That is, we 
use the information on your check to create an electronic funds transfer.
•  Each time you send a check, you authorize a one-time electronic funds 

transfer.

•  You also authorize us to process your check as a check or paper draft, as 

necessary.

•  Funds may be withdrawn from your account as soon as the same day we 

receive your payment.

•  You will not receive your cancelled check because we are required to destroy it 

although we will retain an electronic copy.

•  Foreign Currency Transactions – If you make a Foreign Transaction, we will 

•  For more information or to stop the conversion of your checks into electronic 

assess a transaction fee equal to 2% of the U.S. dollar amount of each such 
Foreign Transaction. This is in addition to any other applicable transaction fees. 
Foreign Transaction means any transaction made in a foreign currency, and 
any transaction made in U.S. dollars if the transaction is made or processed 
outside of the United States. Foreign transactions include for example, online 
purchases from foreign merchants.

ACCOUNT FEES
There are three types of account fees associated with your account. The following 
fees are assessed as outlined below as Purchase transactions in the billing cycle 
in which the fees accrue:
•  Late Fee – A Late Fee of $25.00 will be assessed if the Total Minimum 

Payment Due shown on your monthly statement is not received by us on or 
before its Payment Due Date.

•  Returned Payment Fee – A Returned Payment Fee of $25.00 will be assessed 

if a payment on your account is returned for insufficient funds or for any 
other reason, even if it is paid upon subsequent presentment (if we elect to 
represent the payment). Your financial institution on whom the payment is 
drawn may also charge you additional fees.

•  Overnight Card Fee – If you request, and we agree to overnight a card to you 
a $50 fee will be assessed. The fee is subject to change. Additional fees apply 
for Saturday deliveries or deliveries on a non-business day.

•  Pay By Phone Fee – A Pay By Phone fee of $10.00 will be assessed if you use 
a live representative to make a payment using the telephone; this fee does not 
apply to payments made via our automated telephone payment system.

PAYMENTS AND DEFAULT
Your Promise to Pay
You promise to pay us the amounts of all credit you obtain, which includes all 
Purchases and Cash Advances. You also promise to pay us all the amounts of 
Interest charges, fees, and any other transactions charged to your account.

Required Payments on Your Account
Each month you must pay at least the Total Minimum Payment Due shown on 
your monthly statement by its Payment Due Date. Payments must conform to 
the requirements set out on that monthly statement; these requirements may vary 
without prior notice.
•  You may pay the entire amount you owe us at any time.
•  Payments made in any billing cycle that are greater than the Total Minimum 
Payment Due will not affect your obligation to make the next Total Minimum 
Payment Due.

•  If you overpay or there is a credit balance on your card, we will not pay interest 

on such amounts.

•  We will reject payments that are not drawn in U.S. dollars and those drawn on 

a financial institution located outside of the United States.

•  We reserve the right to reject any payment if your account has a credit balance 

as of the day we receive that payment.

•  Generally, credits to your account, such as those generated by merchants or 

by person-to-person transfers, are not treated as payments and will not reduce 
your Total Minimum Payment Due.

Total Minimum Payment Due
Each billing cycle, you must pay at least the Total Minimum Payment Due shown 
on your monthly statement by its Payment Due Date.
•  The Minimum Payment Due for Purchases, Cash Advances, and Protected 

Balances are calculated separately and then added together with any past due 
amounts and other fees due.

•  The Minimum Payment Due for Purchases is 3% of the Purchase Balances 

Subject to Interest Rate or $25.00, whichever is greater.

•  The Minimum Payment Due for Cash Advances is 3% of the Cash Advance 

Balances Subject to Interest Rate or $50.00, whichever is greater.
•  If you have Protected Balances that resulted from an increase to your 

Purchase or Cash Margin or a switch from a Fixed Rate to a Variable Rate, 
the Minimum Payment Due for Protected Balances will be calculated at the 
terms originally disclosed to you for those balances and will be calculated 
at a more favorable rate than the Minimum Payment Due for non-protected 
balances unless the methodology for non-protected balances results in a 
lower Minimum Payment Due.

•  We will not require a Minimum Payment Due for Protected Balances that is 

higher than the Minimum Payment Due for those balances prior to the change 
to your rate.

•  See the section entitled “Rates for Protected Balances” for more information 

on Protected Balances.

funds transfers, call us at the phone number listed on the front of your monthly 
statement.

•  You may also write to us at: P.O. Box 982234, El Paso, TX 79998-2234.

When Your Payment Will Be Credited to Your Account
We credit payments as of the date received, if the payment is:
1. Received by 5 p.m. local time at the address shown on the remittance slip on 

the front of your monthly statement;

2. Paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. 

dollar money order; and

3. Sent in the return envelope with only the bottom portion of your statement 

accompanying it.

Payments received after 5 p.m. local time at the remittance address on any day 
including the Payment Due Date, but that otherwise meet the above requirements 
will be credited as of the next day. If your due date in a given month falls on a day 
on which we do not receive or accept payments by mail, we will treat a payment 
received the next business day as having been made in a timely manner. Credit 
for any other payments may be delayed up to five business days.

How We Allocate Your Payments
If your Account has balances with different APRs, we will allocate the amount 
of your payment equal to the Total Minimum Payment Due to the highest APR 
balances first. Payment amounts in excess of your Total Minimum Payment Due
will be applied to balances with higher APRs before balances with lower APRs.

Promise to Pay Applies to All Persons
All persons who initially or subsequently request, are granted, accept, guarantee 
or use the account are individually and together responsible for any total 
outstanding balance. If you are responsible to pay any total outstanding balance, 
we may refuse to release you from liability until all of the cards, access checks, 
and other credit devices outstanding under the account have been returned to 
us and you repay us the total outstanding balance owed to us under the terms of 
this Agreement.

Default & Penalty APR
You will be in default of this Agreement if:
1. You fail to make any required Total Minimum Payment Due within 15 days of 

its Payment Due Date;

2. Your total outstanding balance exceeds your Total Credit Line;
3. Your Bank Cash Advance balance exceeds your Cash Credit Line;
4. You die or change residency to another state;
5. You become insolvent or the subject of bankruptcy; or
6. You fail to abide by any other term of this Agreement.

If your Account is in default and you fail to make the Total Minimum Payment Due 
for 60 days after its Due Date, we have the right to increase your APR to 24% 
(“Penalty APR”). If your APR is increased, the Penalty APR will apply until you 
make six (6) consecutive Total Minimum Payments by their respective Payment 
Due Dates; if you do not, the Penalty APR will apply indefinitely.

We May Require Immediate Repayment
If you are in default, then in addition to our other remedies under this Agreement, 
we can require immediate payment of your total outstanding balance and, unless 
prohibited by applicable law, we can also require you to pay the costs we incur in 
any collection proceeding, as well as reasonable attorneys’ fees if we refer your 
account for collection to an attorney who is not our salaried employee.

Other Payment Terms
We can accept late payments, partial payments, or payments with any restrictive 
writing without losing any of our rights under this Agreement.
•  This means that no payment, including those marked with “Paid in Full” or with 
any other restrictive words, shall operate as an accord and satisfaction without 
the prior written approval of one of our senior officers.

•  You may not use a postdated check to make a payment. If you do postdate 
a payment check, we may elect to honor it upon presentment or return it 
uncredited to the person that presented it, without in either case waiting for 
the date shown on the check.

•  We are not liable to you for any loss or expense arising out of the action we 

elect to take.

Modifications to Required Minimum Monthly Payments
We may allow you, from time to time, to omit a monthly payment or make a 
reduced payment. We will notify you when these options are available. This 
will only occur on an isolated basis, such as when the bank is working with 
borrowers affected by a Federally declared disaster. If in response to this 
notification you omit a payment or make a reduced payment, interest charges, 
applicable fees, and other regular transactions, if any, will accrue on your account 
balances in accordance with this Agreement. The reduced payment amount 
may be less than your interest charges. You must make the reduced payment on 
time to avoid a Late Fee. You must resume making your regular Total Minimum 
Payment Due each month following any modification made to your required 
minimum monthly payment.

CREDIT AVAILABILITY
Understanding Your Credit Line
Your Total Credit Line and Cash Credit Line are disclosed to you when you 
receive your Card and, generally, on each monthly statement.
•  Total Credit Line – Is the total amount of credit available for the account.
•  Cash Credit Line – Is the amount available for Cash Advances and is 25% of 

the available amount of your Total Credit Line.

Your Available Credit
The available credit in your account will be less than your Total Credit Line or your 
Cash Credit Line based upon activity in the Account such as Purchases, Cash 
Advances, interest charges, fees, any other transactions.
•  We do not limit the number of Cash Advances you may take on any given day.
•  Any credits to the Account such as payments will increase the available credit 

in the Account.

•  We may change your credit line from time to time. We base that decision on 

a variety of factors such as your payment and transaction history with us, and 
information we receive from third parties, including credit reporting agencies.
•  The amounts shown on your monthly statement as available credit do not take 
into account Purchases, Cash Advances, interest charges, fees, any other 
transactions, or credits which post to your Account after the Closing Date of 
that monthly statement.

What We May Do if You Attempt to Exceed Your Credit Limit
The total outstanding balance on your Account plus authorizations at any time 
must not be more than your Total Credit Line. The total outstanding balance of 
your Cash Advances (plus authorizations) must not be more than your Cash 
Credit Line. Each time you attempt a transaction which results in your applicable 
outstanding balance (plus authorizations) exceeding a credit line, we may:
1. Permit the transaction without raising your credit line;
2. Permit the transaction and treat the amount of the transaction that is more 

than the credit line as immediately due; or

3. Refuse to permit the transaction. If we refuse to permit the transaction, 

we may advise the person who attempted the transaction that it has been 
refused. If we refuse to permit a Check Cash Advance we may do so by 
advising the person presenting the Check Cash Advance that credit has been 
refused, that there are insufficient funds to pay the Check Cash Advance in 
any other manner.

SUSPENDING ACCOUNT PRIVILEGES
When We May Suspend or Close Your Account
We may suspend or close your Account or otherwise terminate your right to use 
your Account any time and for any reason.

If You Elect to Close Your Account
You may close your Account at any time by notifying us in writing at: First 
National Bank, Customer Service, P.O. Box # 31535, Tampa, FL 33631-3535.

When closing your Account, please consider:
•  Your obligations under this Agreement continue even after the Account is 

closed.

•  You must destroy all cards, access checks or other credit devices on the 

Account when the Account is closed.

•  When your Account is closed, you must contact anyone authorized to charge 
transactions to your Account, such as internet service providers, health clubs 
or insurance companies.

•  These transactions may continue to be charged to your Account until you 

change the billing.

•  Also, if we believe you have authorized a transaction or are attempting to use 
your Account after you have requested to close the Account, we may allow 
the transaction to be charged to your Account.

Refusal to Honor Your Account
We may deny any transactions for any reason at our discretion. We are not liable 
for any refusal to honor your account privileges.
•  This can include a refusal to honor your card or account number or any check 

written on your Account.

•  We may elect to not honor any access check which is written after the 

expiration date printed on that check.

•  We are not liable for any retention of your card by us, any other financial 

institution, or any other provider of goods or services.

RECURRING PREAUTHORIZED TRANSACTIONS
Recurring preauthorized transactions occur when you authorize a merchant to 
automatically initiate a transaction using your credit card on a recurring basis. If 
we issue a new credit card with a different number or expiration date to you, we 
may (but are not obligated to) provide your new card number and expiration date 
to a merchant with whom you have set up a recurring preauthorized transaction 
in order to continue your recurring preauthorized transactions. There will be 
circumstances where you will have to contact the merchant directly to update 
your card information if you wish these transactions to continue.

ACCESS CHECKS
How You May Stop Payments on an Access Check
You may request a stop payment on an access check by providing us with the 
access check number, dollar amount, and payee exactly as they appear on the 
access check. Oral and written stop payment requests on an access check are 
permanent from the day that we place the stop payment. You need to provide us 
with no less than 3 business day advanced notice for us to stop payment on an 
access check.

You May Not Postdate an Access Check
You may not issue a postdated access check on your Account. If you do 
postdate an access check, we may elect to honor it upon presentment or return 
it unpaid to the person that presented it to us for payment, without in either case 
waiting for the date shown on the access check. We are not liable to you for any 
loss or expense arising out of the action we elect to take.

MISCELLANEOUS
We May Monitor and Record Telephone Calls
You consent to and authorize us, and any of our service providers, any of their 
affiliates, or its marketing associates, to monitor and/or record any of your 
telephone conversations with our representatives or the representatives of any of 
those companies.

Use of Mobile/Cell Phones
Where you have provided a cell phone number directly to us, or placed a cell 
phone call to us, you consent and agree to accept collection calls to your cell 
phone from us. For any telephone or cell phone calls we place to you, you 
consent and agree that those calls may be automatically dialed and/or use 
recorded messages to reach you.

Collecting and Sharing Information with Credit Reporting Agencies   
You authorize us to collect information about you in order to conduct our 
business and deliver the top quality service you expect, including information we 
receive from third parties such as credit reporting agencies and information about 
your transactions with us and other companies. You authorize us to share such 
information about you or your Account with our affiliates and others. You
may have the right to opt out of some information sharing. For more details, 
please refer to our Privacy Notice. If you believe we have furnished inaccurate or 
incomplete information about you or your Account to a credit reporting agency, 
write to us at: First National Bank, Credit Card Department, 4140 E. State St, 
Hermitage, PA 16148.

Please include your name, address, home phone number, and account number, 
and explain what you believe is inaccurate or incomplete.

We Have the Right to Sell Your Account
We may at any time, and without notice to you, sell, assign or transfer your
account, any amounts due on your Account, this Agreement, or our rights or
obligations under your Account or this Agreement to any person or entity. The
person or entity to whom we make any such sale, assignment or transfer shall be
entitled to all of our rights and shall assume our obligations under this
Agreement, to the extent sold, assigned or transferred.

You Must Notify Us When You Change Your Address
You must notify us promptly at 1-866-317-0355 when you change your address.
We may also change your address if so notified by the post office or others.

IMPORTANT LEGAL NOTICES
What Law Applies to this Agreement
This Agreement is made in the Commonwealth of Pennsylvania and we extend 
credit to you from the Commonwealth of Pennsylvania. This Agreement is 
governed by the Federal laws of the United States and to the extent not 
preempted by Federal law, the laws of the Commonwealth of Pennsylvania 
(without regard to its conflict of laws principles).

Provisions of this Agreement are Severable
If any provision of this Agreement is found by a court of competent jurisdiction to 
be invalid, the remaining provisions will continue to be effective. We use section 
headings (e.g. “Types of Transactions”) to organize this Agreement. The headings 
are for reference purposes only.

Arbitration and Waiver of Jury Trial
This Credit Card Agreement includes a binding Waiver of Jury Trial and Arbitration
Provision. You may opt out of the Waiver of Jury Trial and Arbitration Provision by
following the instructions in paragraph number 2 below.