Cardmember Agreement for Elan Financial Services® Visa® and Mastercard® 
Classic, Gold and Platinum Accounts 

This credit card program is issued and administered by Elan Financial Services. This information is accurate as of June 30, 2019.  
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the 
Agreement that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION: Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 10.24% to 28.24% 
(DPR) 0.028055% to 0.077370% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 10.24% to 28.24% 
(DPR) 0.028055% to 0.077370% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 10.24% to 28.24%  
(DPR) 0.028055% to 0.077370% 

Penalty APR and When It Applies 

There is no Penalty Rate for your Account. 

Paying Interest 

Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

Annual Fee 
Travel Fee  
Transaction Fees   
Balance Transfer Advance Fee  

Convenience Check Advance Fee 

Financial Institution Cash Advance Fee 

Cash Equivalent Advance Fee 

Cash Advance Overdraft Protection Fee  

Cash Advance ATM Fee 

Your due date is 24-30 days after the close of each billing 
cycle. We will not charge you interest on Purchases if you 
pay your entire balance by the due date each month.  We 
will begin charging interest on Advances and Balance 
Transfers on the transaction date. 
If you are charged interest, then the Minimum Interest 
Charge will be no less than $2.00. 
To learn more about factors to consider  when applying for 
or  using  a  credit  card,  visit  the  website  of  the  Consumer 
Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 
NOTICE:  Some  of  these  set-up  and  maintenance  fees  will 
be assessed before you begin using  your Card and based 
on your Credit Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not 
yet used it or paid a fee after receiving a billing statement. 
If  you  do  reject  the  Account,  you  are  not  responsible  for 
any fees or charges. 
$0 to $50 
NONE 

Either $5 or 3% of the Transfer or Advance amount, 
whichever is greater (maximum fee (No Maximum)).  
Either $5 or 3% of the Advance amount, whichever is 
greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 

Either $0 to $20 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 

 
 
 
 
 
 
 
 
Foreign Transaction Fee 

Up to 3% of each foreign transaction amount. 

Account Fees 

Late Fee  
Overlimit Fee 
Return Payment Fee 

Up to $39 
NONE 
$0 to $35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”.  See the Agreement for more details. 

P. O. Box 6352 
Fargo, ND  58125 

Cardmember Agreement  

This is a cardmember agreement and disclosure statement (“Agreement”) between 
you and the Issuer containing the terms that will apply to your Credit Card Account 
(“Account”)  effective  June  30,  2019.    In  this  Agreement,  “you”,  “your"  and 
“Cardmember”  means  each  individual  accepting  a  solicitation  or  applying  for  the 
Account or otherwise agreeing to be responsible for the Account. “We”, “us”, “our”, 
and “Cardmember Service” means Elan Financial Services, the issuer of the Card 
and your Account creditor. Please read this Agreement carefully and keep it in a 
safe  place  to  make  the  best  use  of  the  credit  cards  we  issue  with  this  Account 
(“Card”). The Agreement becomes effective as soon as you or someone authorized 
by you uses or activates the Card or Account. Even if the Card or Account has not 
been used  or activated,  the Agreement becomes effective  unless  you  contact us 
within 30 days after you receive the Card by calling the number on the back of the 
Card to cancel your Account. This web Agreement does not replace the Agreement 
that is provided with the Account and Card.  

This  Agreement  contains  an  arbitration  provision  (including  a  class  action 
arbitration  waiver).    It  is  important  that  you  read  the  entire  Arbitration 
Provision section carefully. 

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1. Personal Use: You may use the Account only for personal, family or household 
purposes. Federal or state consumer protection laws may not apply if you use the 
Account for other than personal, family or household purposes.  

2. Purchases: You may use the Account to buy, lease or otherwise obtain goods or 
services  from  participating  merchants  (including  transactions  you  initiate  by  mail, 
telephone or over the Internet), or take advantage of special promotional Balance 
Transfer  offers  that  post  as  Purchase  transactions  (“Purchases”).    We  will,  in 
connection  with  any  promotional  offer  we  make  from  time  to  time,  provide 
information on your Card carrier or in additional materials (the “Offer Materials”) that 
explain whether those transactions will post and be treated as a Purchase.  Even if 
you  have  not  signed  a  sales  draft  or  the  merchant  has  not  supplied  you  with  a 
written receipt or other proof of sale, you are responsible for all Purchases made 
through  your  Account,  except  as  expressly  limited  by  applicable  law  (see  Your 
Billing Rights section below for more details).  

financial  institution  Advances 

3.  Advances:  “Advances”  are  transactions  other  than  Purchases  that  allow  you 
direct  access  to  funds  available  through  your  Account.    Advances  may  include 
Account  transactions  such  as  cash  advances  you  obtain  directly  from  us, 
automated  teller  machines  (“ATMs”)  or  other  participating  financial  institutions 
(“Cash  Advances”).  ATM  and 
include  phone 
(automated  phone  system  and  24  Hour  customer  service  assisted)  and  Internet 
transfers.  Advances  also  include  some  Balance  Transfers,  Convenience  Checks, 
FastCash, Overdraft Protection Advances and Cash Equivalent Advances.   “Cash 
Equivalent  Advances”  include  transactions  to  acquire  or  initiate  wire  transfers, 
travelers checks, cashier’s checks, money orders, foreign cash transactions, casino 
gaming  and  betting  transactions and  lottery  tickets.    Monthly  Account  statements 
we issue may refer to Advances as an Advance, Cash, Cash Advances, or by the 
product  or  device  you  used  to  obtain  an  Advance.    Refer  to  the  Account  Fees 
section for details on Advance Transaction Fees. 

4. Advance Limits: Only a portion of the Credit Limit (defined below) is available for 
Advances  and  that  portion  may  vary  from  time  to  time.  Although  you  may  have 
credit available under your Account, we may be unable to authorize an Advance. 
You  may  contact  Cardmember  Service  to  learn  the  portion  of  your  Credit  Limit 
which is available for Advances. 

5. Convenience Checks: From time to time, we may supply Convenience Checks 
for use by the person(s) or drawer named on those checks. “Convenience Checks” 
are  drafts  that  look  like  other  checks,  but  are  drawn  on  credit  available  in  your 
Account.  Convenience Checks may not be offered for all Account types.  We will, 
in connection with any Convenience Check we provide, include Offer Materials that 
will explain whether the Convenience Check will post and be treated as an Advance 
or as a Balance Transfer. Convenience Checks must be written in U.S. Dollars. We 
may return a Convenience Check unpaid if:  
(a) the credit available under your Credit Limit is less than the Convenience Check 
amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform to 
our regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you 
owe us or our affiliates.   

6. Paying and Stopping Payment on Convenience Checks: You must write to us or 
call to request that payment be stopped on a Convenience Check. You must call us 
promptly  with  an  oral  stop  payment  request  and  then  provide  us  with  a  written 
confirmation of the stop payment request within 14 calendar days. Any written stop 
payment request we receive will remain in effect for 6 months, unless you renew 
the request in writing before the end of that time. We may pay Convenience Checks 
more than 6 months old. There may be circumstances under which a Convenience 
Check must be paid, even if we have received a stop payment request from you. 
We will not be liable to you if we do not honor your stop payment request under 
those  circumstances.  If  it  is  determined  that  a  Convenience  Check  should  have 
been  paid,  but  was  not,  we  will  not  be  liable  for  any  consequential,  punitive  or 
incidental  damages  if  we  acted  in  good  faith.  Our  only  obligation  under  those 
circumstances will be to pay the designated payee the amount of the Convenience 
Check and cancel any charges assessed against your Account as a result of any 
wrongful failure to honor the Convenience Check.  

7. Balance Transfers: We may permit you to transfer balances and obligations that 
you  owe  other  companies  or  financial  institutions  to  your  Account,  subject  to  the 
terms  and  conditions  disclosed  in  the  Offer  Materials  (“Balance  Transfers”). 
Balance Transfers will post to your Account and be separately reflected on monthly 
Account statements as a Balance Transfer, or, depending upon the offer, may post 
to the Account and be treated as a Purchase or an Advance.  We will, in connection 
with any Balance Transfer offer we make, provide you with materials that explain 
how  the  Balance  Transfer  will  post  to  your  Account  and  be  reflected  on  monthly 
Account  statements.  You  may  not  request  Balance  Transfers  on  existing 
obligations  you  owe  us  or  our  affiliates.  If  you  request  a  Balance  Transfer  that 
would cause your Account to exceed its Credit Limit, we may, at our option, (a) post 
the entire Balance Transfer requested to your Account; (b) post only a portion of the 
Balance Transfer requested to your Account up to the amount of credit available 
under  the Credit  Limit; or (c) refuse to process the entire amount of the Balance 
Transfer requested.   

8.  Overdraft  Protection:  This  section  is  part  of  the  Agreement  only  if  you  have 
specifically requested and have obtained Overdraft Protection linking the Account 
with  a  designated  checking  account  at  a  financial  institution  with  which  we  are 
affiliated  or  with  which  we  have  a  correspondent  relationship.  An  “Overdraft 
Protection Advance” is an advance of funds to your designated checking account 
from  this  Account  that  will  prevent  overdrafts  on  your  checking  account.    You 
authorize us to make Overdraft Protection Advances from the Account as provided 
in this Agreement.  Any Overdraft Protection Advance will post and be disclosed as 
either a "Financial Institution Cash Advance" or an "Overdraft Protection Advance” 
on your periodic statement, and will be subject to either a Financial Institution Cash 
Advance  fee  or  an  Overdraft  Protection  Advance  fee,  depending  on  how  the 
Advance is processed.  An Overdraft Protection Advance will be made only once 
per  day,  and  will  be  made  in  the  amount  determined  by  your  financial  institution 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(regardless  of  the  specific  overdraft  amount).  Please  verify  the  amount  of  the 
Overdraft  Protection  Advance  with  your  financial  institution.    We  may  cancel 
Overdraft  Protection  privileges  under  the  Account,  even  if  the  Account  remains 
open for other purposes.  

Note:  For  Young  Adult  Accounts,  the  young  adult’s  name  and  cosigner’s  name 
must  both  be  named  on  the  linked  checking  account  in  order  to  have  Overdraft 
Protection. 

INTEREST CHARGES AND ACCOUNT FEES 

9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit. 
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) 
periodic  rate  INTEREST  CHARGES  (sometimes  referred  to  as  "interest"  in  this 
Agreement  and  on  monthly  Account  statements);  (b)  Advance  Transaction  Fees; 
and (c) any other transaction fees that are considered INTEREST CHARGES.  

10.  Interest  Rate:    In  this  Agreement,  we  have  abbreviated  the  terms  “daily 
periodic  rate”  as  DPR,  “average  daily  balance”  as  ADB,  and  “ANNUAL 
PERCENTAGE RATE” as APR.  
(a) Standard Interest Rates-  
Rate for "Purchases" and "Balance Transfers": The DPR for transactions posting as 
Purchases  and  Balance  Transfers  is  equal  to  1/365th  of  its  corresponding  APR. 
Rate for "Advances": The DPR and corresponding APR for transactions posting to 
the Account as Advances is equal to 1/365th of its corresponding APR.  

(b)  Your  Variable  APRs  are  calculated  by  adding  a  margin  to  the  Index.  Your 
Variable  DPR  is  equal  to  1/365th  of  the  corresponding  APR.  Your  DPR  and 
corresponding APR may increase or decrease from time to time according to the 
movements  up  or  down  of  the  Index,  which  is  the  Prime  Rate  published  in  the 
"Money Rates" section of the Midwest Edition of The Wall Street Journal on the last 
publication day before the date on which the billing cycle closed (in other words, the 
"statement date"). We reserve the right to choose a comparable new index if  The 
Wall Street Journal ceases to publish a Prime Rate. The margin is the percentage 
we add to the Index to calculate the APR. The current applied Index value for your 
Account is 5.50%. Any variable rate adjustment based on a change to your margin 
will be effective as of the first day of the current billing cycle, and will apply to all 
new Account balances and transactions subject to that variable rate. Any variable 
rate adjustment based on a change to your Index will be effective as of the first day 
of  the  current  billing  cycle,  and  will  apply  to  all  new  and  outstanding  Account 
balances and transactions subject to that variable rate. An increase or decrease to 
the  Index  or  margin  will  apply  to  Purchase,  Advance,  and  Balance  Transfer 
balances and will result in an increase or decrease in the INTEREST CHARGE on 
the Account, an increase or decrease to your Minimum Payment, and an increase 
or decrease to your New Balance.  

Introductory  and  Promotional  Rates:  We  may,  at  our  option,  offer  you  for  a 
limited  time  introductory  or  promotional  interest  rates  for  all  or  part  of  new 
Purchase, Advance, or Balance Transfers posted to your Account. We will tell you 
in  the  Offer  Materials  the  introductory  or  promotional  rate  and  the  period  of  time 
during which  that  rate will  be  in  effect and any  conditions or  requirements  of  the 
offer. Unless the Offer Materials state otherwise, an introductory or promotional rate 
will remain in effect until the last day of the billing cycle in which the introductory or 
promotional rate expires.  Any introductory or promotional rate that applies to new 
or  outstanding  Account  balances  will  increase  to  the  standard  rate  that  would 
otherwise apply, or, when appropriate under the terms of this Agreement, a Penalty 
Rate due to an Adjustment Event (as indicated above).    

11. INTEREST CHARGE; Method of Computing Balance Subject to Interest Rate: 
We  calculate  the  periodic  rate  or  interest  portion  of  the  INTEREST  CHARGE  by 
multiplying  the  applicable  DPR  by  the  ADB  (including  new  transactions)  of  the 
Purchase, Advance and Balance Transfer categories subject to interest, and then 
adding together the resulting interest from each category. We determine the ADB 
separately for the Purchases, Advances and Balance Transfer categories. To get 
the ADB in each category, we add together the daily balances in those categories 
for the billing cycle and divide the result by the number of days in the billing cycle. 
We determine the daily balances each day by taking the beginning balance of those 
Account categories (including any billed but unpaid interest, fees, credit insurance 
and  other  charges),  adding any  new  interest,  fees,  and  charges,  and  subtracting 
any payments or credits applied against your Account balances that day. We add a 
Purchase,  Advance  or  Balance  Transfer  to  the  appropriate  balances  for  those 
categories  on  the  later  of  the  transaction  date  or  the  first  day  of  the  statement 
period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is 
added  to  the  appropriate  balances  for  those  categories  each  month  on  the 
statement  date.  Billed  but  unpaid  Advance  Transaction  Fees  are  added  to  the 
Advance balance of your Account on the date they are charged to your Account.   

Any  billed  but  unpaid  fees  on  Purchases,  credit  insurance  charges,  and  other 
charges are added to the Purchase balance of the Account on the date they are 
charged to the Account. Billed but unpaid fees on Balance Transfers are added to 
the Balance Transfer balance of the Account on the date they are charged to the 
Account.  In  other  words,  billed  and  unpaid  interest,  fees,  and  charges  will  be 
included  in  the  ADB  of  your  Account  that  accrues  interest  and  will  reduce  the 
amount of credit available to you. Credit insurance charges are not included in the 
ADB  calculation  for  Purchases until  the first  day  of  the billing  cycle  following  the 
date  the  credit  insurance  premium  is  charged  to  the  Account.  Prior  statement 
balances  subject  to  an  interest-free  period  that  have  been  paid  on  or  before  the 
payment  due  date  in  the  current  billing  cycle  are  not  included  in  the  ADB 
calculation. There may be a minimum INTEREST CHARGE Fee in any billing cycle 
in  which  an  INTEREST  CHARGE  is  due.    As  described  above,  this  Agreement 
provides for the compounding of interest on your Account. 

12.  Paying  Interest:  You  have  a  24  to  30  day  interest-free  period  for  Purchases 
provided  you  have  paid  your  previous  balance  in  full  by  the  Payment  Due  Date 
shown on your monthly Account statement. In order to avoid additional INTEREST 
CHARGES on Purchases, you must pay your new balance in full by the Payment 
Due  Date  shown  on  the  front  of  your  monthly  Account  statement.  There  is  no 
interest-free  period  for  transactions  that  post  to  the  Account  as  Advances  or 
Balance Transfers  except  as  provided  in  any  Offer  Materials.  Those  transactions 
are subject to interest from the date they post to the Account until the date they are 
paid in full.  

13.  Advance  Account  Fees:  You  agree  to  pay  the  following  Account  fees  and 
INTEREST CHARGES: 

(a)  We  may  add  an  Advance  Transaction  Fee  INTEREST  CHARGE  to  the 
Advance balance of the Account for each Advance you obtain during a billing 
cycle  in  addition  to  the  interest  that  accrues  on  Advances.  The  Advance 
Transaction Fee imposed will equal the greater of either a percentage of each 
Advance  or  the  minimum  dollar  amount,  subject  to  the  maximum  dollar 
amount.   
(b)  We  may  add  a  Balance  Transfer  Fee  INTEREST  CHARGE  to  the         
Purchase  balance  of  the  Account  except  where  Offer  Materials  specify 
otherwise.      
(c)  We  may  add  a  Convenience  Check  Fee  INTEREST  CHARGE  to  the 
Advance  balance  of  your  Account  except  where  Offer  Materials  specify 
otherwise. 
(d)    We  may  add  an  Overdraft  Fee  INTEREST  CHARGE  to  the  Advance 
balance of your Account, except where Offer Materials specify otherwise. 

14. Account Fees: 

(a)  We  may  add  a  Promotional  Discount  Transaction  Fee  INTEREST                            
CHARGE for each Promotional Discount you receive during the billing cycle, 
as outlined in any Offer Materials 
(b) Annual Membership Fee. Each year, the Account may be subject to your 
payment  in  advance  of  an  Annual  Membership  Fee  INTEREST  CHARGE 
which will  compensate  us  for  maintaining  and  servicing  the  Account  for  the 
following  year.  This  fee  will  be  charged  to  the  Purchase  balance  of  your 
Account. 
(c) We may add a Late Payment Fee to the Purchase balance of the Account 
if your Minimum Payment is not received by the Payment Due Date shown on 
the monthly Account statement.   
 (d) There is no Overlimit Fee on your Account.               
(e)  We  may  add  a  Returned  Payment  Fee  to  the  Purchase  balance  of  the 
Account if any payment on the Account is not honored or if we must return it to 
you because it cannot be processed. A check that is returned unpaid will be 
sent for collection.  
(f) We will add a Duplicate Documentation Fee to the Purchase balance of the 
Account  for  each  copy  of  a  monthly  statement,  sales  slip,  refund  slip,  or 
Advance  slip  that  you  request.  There  will  be  no  charge  for  documentation 
requests  made  in  connection  with  a  billing  error  notice,  if  our  investigation 
indicates a billing error occurred. 
(g) We may add a service charge to the Purchase balance of the Account if 
you  call  us  to  make  a  payment  on  your  Account  and  are  assisted  by  a 
Cardmember  Service  Representative  to  make  the  payment.  You  will  be 
provided  with  confirmation  of  the  service  charge  before  the  payment 
transaction is authorized.  
(h) We may add a Stop Payment Check Fee to the Purchase balance of your 
Account  if  you  request  a  stop  payment  on  a  Convenience  Check.    (See 
"Paying  and  Stopping  Payment  on  Convenience  Checks"  section  above  for 
more details.) 

 Under  no  circumstances  will  your  Late  Payment  Fee  or  Returned  Payment  Fee 
ever be greater than your Minimum Payment due and under no circumstance will 
your Overlimit Fee ever be greater than the amount your balance is overlimit. 

 
 
 
 
 
 
 
 
 
   
 
 
            
IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

15.  BalanceShield  or  Insurance  Charges:  Your  purchase  of  BalanceShield  debt 
cancellation or credit life insurance and disability is optional.  Whether or not you 
purchase BalanceShield or credit insurance will not affect your application for credit 
or  the  terms  of  any  existing  credit  agreement  you  have  with  us.    If  you  elect  to 
purchase  BalanceShield  or  credit  insurance  and  are  eligible  to  participate,  the 
monthly program fee or premium (at the rate disclosed to you) will be added to the 
Purchase  balance  as  of  the  closing  date  of  each  billing  cycle  based  upon  the 
Account  balance  (including  accrued  INTEREST  CHARGES).    The  terms  of  your 
the  BalanceShield  Debt 
BalanceShield  coverage  will  be  summarized 
Cancellation Program Agreement, which will be provided to you upon enrollment. 
For credit insurance, the terms of your insurance coverage will be summarized in 
the Certificate of Insurance, which will be provided to you. These features are not 
offered for Secured Accounts. 

in 

16.  Credit  Limit:  The  Account  Credit  Limit  is  the  maximum  amount  of  credit 
available  under  the  Account  at  any  time.  Under  certain  circumstances,  your 
Account may exceed the Credit Limit and you will be responsible for the full amount 
of  the  Credit  Limit  as  well  as  any  amounts  owed  that  exceed  the  Credit  Limit, 
including  fees  and  INTEREST  CHARGES.    You  may  not  request  or  obtain 
additional Advances or Balance Transfers once you have reached your Credit Limit.  
The initial Credit Limit is shown on the Card  carrier and will also appear on your 
monthly Account statements.  We reserve the right to review your Account at any 
time and increase or decrease your Credit Limit.  Cosigner consent is required for 
Credit  Limit  increases.  You  may  not  increase  your  Credit  Limit  by  carrying  credit 
balances over the Credit Limit we make available to you.  (Also see the “Advance 
Limits”  section  above  for  more  information  about  limits  on  Cash  Advance,  Cash 
Equivalent Advance and telephone transfer transactions). 

17.  Payment:  You  must  pay  us  in  U.S.  Dollars  with  checks  or  similar  payment 
instruments drawn on a financial institution located in the United States.  We will 
also  accept  payment  in  U.S.  Dollars  via  the  Internet  or  phone  or  previously 
established  automatic  payment  transaction.    We  may,  at  our  option,  choose  to 
accept  a  payment  drawn  on  a  foreign  financial  institution.    However,  you  will  be 
charged and agree to pay any collection fees required in connection with such a 
transaction.  The date you mail a payment is different than the date we receive that 
payment.  For purposes of this Agreement, the payment date is the day we receive 
your  check  or  money  order  at  the  address  specified  on  your  monthly  Account 
statement or the day we receive your electronic or phone payment.  If you mail your 
payment without a payment coupon or to an incorrect address, it may result in a 
delayed  credit  to  your  Account,  additional  INTEREST  CHARGES,  fees,  and 
possible suspension of your Account.  

18.   Minimum Payment: Each month, you must pay at least the Minimum Payment 
and any past due Minimum Payment(s) by the Payment Due Date shown on your 
monthly Account statement. You may, at your option, pay more than the Minimum 
Payment or pay the New Balance (as stated on your monthly Account statement) in 
full  to  reduce  or  avoid  the  INTEREST  CHARGE  for  the  Account.  Your  Minimum 
Payment  will  be  calculated  as  follows:    first  we  determine  the  “Base  Minimum 
Payment,” which is the greater of $30.00 or 1% of your New Balance not including 
items (1) and (2) below, which, if not a whole dollar amount, will be rounded to the 
next highest dollar.  To the Base Minimum Payment, we may add one or more of 
the following items, as incurred on your Account: (1) any late, annual and/or any 
other Account related fee, (2) the INTEREST CHARGE, and (3) if your Account is 
over the Credit Limit, some or all of the balance amount over your Credit Limit. If 
the  resulting  Minimum  Payment  is  greater  than  $30.00,  the  total,  if  not  a  whole 
dollar amount, is then rounded to the next highest dollar not to exceed your New 
Balance. Any Minimum Payment or additional amount you pay each month will not 
prepay any future Minimum Payments required, or change your obligation to make 
at least a Minimum Payment by the Payment Due Date.  Any statement credit that 
results from a promotional offer or rewards redemption, if applicable, will only be 
applied to the Account balance and not satisfy any portion of the Minimum Payment 
requirements for this Account. 

19. Payment Application:  If we cannot collect on your check or other payment item 
you send us to pay on your Account, we may post as an Advance transaction an 
amount equal to the credit previously given to you for such check or payment item 
and we may charge interest on this amount from the date your Account originally 
was credited for the payment. After a payment has been made, we reserve the right 
to withhold available credit in the amount of the payment for 7 business days. Any 
credit  available before  the  payment  is  made  will  continue  to  be  available  for  use 
during this time. 

20.  Skip  Payment  Option:  We  may,  at  our  option,  occasionally  offer  you  an 
opportunity to skip  your obligation to make the Minimum Payment due. You may 
not skip payments unless we make this offer to you.  If we offer you an opportunity 
to skip a payment more than once in a 12 month period, you will not be permitted to 

skip payments required in consecutive months. You cannot accept a skip payment 
offer if your Account is delinquent, or is in Default. When you take advantage of a 
skip payment offer, the interest will continue to accrue on the entire unpaid balance 
of your Account.  

21. Change of Address: Your monthly Account statements and notices about your 
Account  will  be  sent  to  the  address  you  provided  in  your  application  or  your 
response  to  our  Account  solicitation.  To  change  your  address,  you  must  call  or 
write to us. We must receive this information 21 days before the date a billing cycle 
closes  to  provide  your  monthly  Account  statement  at  your  new  address.    If  you 
have  an  address  change  within  45  days  of  the  expiration  date  of  your  Card(s), 
please contact Cardmember Service with  your new address  so  your  new Card(s) 
can  be  mailed  to  your  new  address.  We  may  also  update  your  address  in  our 
records without a request from you if we receive an address change notice from the 
U.S.  Postal  Service  or  if  we  receive  updated  address  information  from  our  mail 
services vendor. 

22.  Authorized  Users:  You  agree  not  to  allow  access  to  your  Card,  Account 
number,  Convenience Checks,  or  personal  identification  number  (PIN)  to anyone 
else  to  use  your  Account,  except  by  asking  us  to  issue  a  card  to  grant  Account 
access to another person.  If you allow access to your Card or Account information, 
you  will  be  liable  for  any  charges  made  by  that  person,  unless  and  except  as 
expressly required by applicable law.  You agree to be responsible for all Account 
transactions made by a Cardmember, or anyone who you have authorized by (a) 
asking us to issue a Card to grant Account access to another person; (b) lending 
your Card to or allowing Account access by another person; or (c) any other way in 
which you would be legally considered to have allowed another person to use your 
Account or to be legally prevented from denying that you did so.  Be cautious when 
allowing another person to become an authorized user of your Account; once you 
allow  authority  to  any  authorized  user  you  cannot  limit  that  authority  unless  the 
Account is closed to future transactions.  You, as a primary or joint Cardmember 
must call or write us with any request to cancel and remove a person’s authority. 
We  will  not  provide  any  Account  information  to  anyone  other  than  you  and  any 
Authorized Users.  Authorized Users have no right to make any Account changes 
or inquiries. 

23.  Lost or  Stolen  Card  or Other  Information:  You must notify  us  immediately  by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen or 
there is possible unauthorized use of your Card, Account, or PIN. You will not be 
liable for unauthorized use of your Account.  If this happens, we will ask you and all 
other persons given Account access to return all Cards and unused Convenience 
Checks to us. In addition, we have the right to close your Account and open a new 
Account. If we do so, new Cards will be issued.  If requested, we may issue a new 
PIN and new Convenience Checks for your new Account. 

24.  Using Your Card for International Transactions:  
Visa:  You  may  use  your  Card  for  retail  Purchases  at  foreign  merchants  and  for 
cash withdrawals from foreign ATMs. Some merchant and ATM transactions, even 
if you and/or the merchant or ATM are located in the United States, are considered 
foreign  transactions  under  the  applicable  rules,  in  which  case  we  will  add  the 
Foreign Transaction Fee INTEREST CHARGE described in the addendum to those 
transactions. We do not control how these merchants, ATMs, and transactions are 
classified  for  this  purpose.  The  exchange  rate  in  effect  when  the  transaction  is 
processed may differ from the rate in effect on the date of the transaction or the 
date of the posting of the transaction to your Account.  

If you use your Card at a merchant or an ATM that bears the Visa logo (and no 
PLUS System logo), the transaction will be processed through the Visa system and 
will be  converted to U.S. Dollars according to the applicable rules established by 
Visa  from  time  to  time.  Currently,  the  currency  conversion  rate  used  by  Visa  to 
determine the foreign currency transaction amount in U.S. Dollars is determined by 
multiplying the amount of the foreign currency transaction times (a) a rate selected 
by  Visa  from  the  range  of  rates  available  in  wholesale  currency  markets  for  the 
applicable  central  processing  date,  which  rate  may  vary  from  the  rate  Visa  itself 
receives, or (b)  the government-mandated rate in effect for the applicable central 
processing  date.  If  your  foreign  transaction  is  in  foreign  currency  prior  to  being 
processed by Visa, we will add a Foreign Transaction Fee INTEREST CHARGE of 
up to 3.00% of the Purchase transaction or up to 3.00% of the ATM transaction. If 
your foreign transaction is in or converted to U.S. Dollars prior to being processed 
by  Visa,  we  will  add  a  Foreign  Transaction  Fee  INTEREST  CHARGE  of  up  to 
3.00% of the Purchase transaction or up to 3.00% of the ATM transaction. If you 
use your Card at an ATM that bears only the PLUS System logo (and no Visa logo), 
the transaction will be processed through the PLUS System and will be converted 
into  U.S.  Dollars  at  the  exchange  rate  established,  from  time  to  time,  by  the 
operator  of  that  ATM.  To  the  converted  transaction  we  will  not  add  a  Foreign 
Transaction Fee INTEREST CHARGE.  If you use your Card at an ATM that bears 
both the Visa and PLUS System logos, the ATM operator will determine whether to 

 
 
 
 
 
 
 
 
 
 
 
send your transaction over the Visa or PLUS System network using such network's 
respective currency conversion rules then in effect (as explained above).       

Mastercard:  You may use your Card for retail Purchases at foreign merchants and 
for cash withdrawals from foreign ATMs that bear either the PLUS System or the 
Mastercard  logo.    Some  merchant  and ATM  transactions,  even  if  you  and/or  the 
merchant  or  ATM  are  located  in  the  United  States,  are  considered  foreign 
transactions under the applicable Mastercard rules, in which case we will add the 
Foreign  Transaction  Fee  INTEREST  CHARGE  described  in  this  section  to  those 
transactions.  We do not control how these merchants, ATMs, and transactions are 
classified for this purpose.  The currency conversion rate in effect on the processing 
date  may  differ  from  the  rate  that  would  have  been  used  on  the  date  of  the 
transaction or the date of the posting of the transaction to your Account.   

If you effect a transaction at a merchant or an ATM that bears the Mastercard logo 
(and  no  PLUS  System  logo) with  your  Mastercard  Card  in  a  currency  other  than 
U.S. Dollars, Mastercard International Incorporated will convert the transaction into 
a U.S. Dollar amount using its currency conversion procedure, which is disclosed to 
institutions  that  issue  Mastercard  cards.  Currently,  the  currency  conversion  rate 
used  by  Mastercard  International  to  determine  the  foreign  currency  transaction 
amount  in  U.S.  Dollars  for  such  transactions  is  generally  either  a  government 
mandated rate or a wholesale rate determined by Mastercard International for the 
processing cycle in which the transaction is processed.  If your foreign transaction 
is in foreign currency prior to being processed by Mastercard, we will add a Foreign 
Transaction Fee INTEREST CHARGE of up to 3.00% of the Purchase transaction 
or up to 3.00% of the ATM transaction. If your foreign transaction is in or converted 
to  U.S.  Dollars  prior  to  being  processed  by  Mastercard,  we  will  add  a  Foreign 
Transaction Fee INTEREST CHARGE of up to 3.00% of the Purchase transaction 
or up to 3.00% of the ATM transaction. 

If  you  use  your  Card at  an  ATM  that bears  only  the  PLUS  System  logo  (and  no 
Mastercard logo), the transaction will be processed through the PLUS System and 
will be converted into U.S. Dollars at the exchange rate established, from time to 
time,  by  the  operator  of  that  ATM.    To  the  converted  transaction  we  will  add  a 
Foreign Transaction Fee INTEREST CHARGE. 

If you use your Card at an ATM that bears both the Mastercard and PLUS System 
logos, the ATM operator will determine whether to send your transaction over the 
Mastercard  or  PLUS  System  network  using  such  network’s  respective  currency 
conversion rules then in effect (as explained above).  

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

25.  Responsibility  to  Pay:  You  agree  to  pay  us  for  all  Purchases,  Advances, 
Balance Transfers, INTEREST CHARGES, Account Fees and charges, any other 
transaction  charges  as  provided  in  this  Agreement  and,  to  the  extent  permitted 
under  applicable  law,  attorneys  fees  and  collection  costs  we  incur  enforcing  this 
Agreement against you. This is the case even if your Account is only used by one 
of you, or is used by someone authorized by only one of you. If there is more than 
one Cardmember, each of you is responsible, together and separately, for the full 
amount  owed  on  your  Account.  Your  obligation  to  pay  the  Account  balance 
continues  even  though  an  agreement,  divorce  decree,  court  judgment,  or  other 
document to which we are not a party may direct another person responsible to pay 
the Account.   

26. Intent to Repay: Every time you use your Account, you represent to us that you 
intend  to  and  have  the ability  to  repay  your  Account  obligations.  We  rely  on  this 
representation every time you use your Account. 

27.  Settling  a  Disputed  Balance;  Payment  in  Full:  If  you  want  to  settle  a 
disagreement with us about any amount you owe by sending a check on which you 
have  written  "Payment  in  Full"  or  similar  language,  you  must  send  us  a  written 
explanation  of  the  disagreement  or  dispute  and  any  such  check  to  Cardmember 
Service. (See Your Billing Rights section below for complete details.) This address 
is different than the address you use to make Account payments. Writing “Payment 
in Full” or similar language on the check will not be enough to resolve the dispute. If 
we collect a check or any payment instrument marked  “Payment in Full” that you 
sent  to  an  address  other  than  the  one  provided  in  the  Cardmember  Agreement 
issued with your Card (such as the address at which you normally make payments), 
we will not have waived our right to collect any remaining amount you owe us under 
the terms of your Account 

28. Default: You and your Account will be in Default if:  

(a)  we  do  not  receive  the  Minimum  Payment  by  the  Payment  Due  Date 
disclosed on the monthly Account statement; 
(b) you violate any other provision of this Agreement;  
(c) you die without a surviving joint Cardmember; 

(d)  you become  insolvent,  assign  any  property  to  your  creditors,  or  go  into 
bankruptcy or receivership; 
(e)  you  have  made  false  statements  on  your  Account  application  or  in  the 
maintenance of your Account; 
(f)  we  have  any  reason  to  believe  that  your  Account  is  in  danger  of,  or  is 
being used for fraud; 
(g)  you  are  a  married  community  property  state  resident  and  you  or  we 
receive a written termination notice of this Agreement from your spouse;  
(h) your Account becomes inactive;   
(i)  anything  happens  that  we  believe  in  good  faith  materially  increases  the 
risk that you will not live up to your payment and other obligations under this 
Agreement; or 
(j) this is a joint Account and one of you notifies us that he or she wants the 
Account closed or will no longer be liable on the Account. 

 You and your Account may also be in Default if you make transactions which go 
over your Credit Limit. 

29. Illegal Purchases: You agree that you will not use or permit an Authorized User 
to use the Card or Account for any unlawful purpose, such as funding any account 
that is set up to facilitate online gambling 

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

30. Ownership of this Account: Your Card and any other Account access devices 
that we supply to you are our property and must be immediately returned to us or 
our designated agent or otherwise destroyed or surrendered as we instruct.  

31. Changes to  your  Account:  Account and Agreement terms are not guaranteed 
for  any  period  of  time;  we  may  change  the  terms  of  your  Agreement,  including 
APRs  and  fees,  in  accordance  with  applicable  law  and  the  terms  of  your 
Agreement.  Your  transactional  experience  with  us  may  also  cause  a  change, 
including an increase in the margin that is added to the Index, an increase in fees, 
or a decrease in the Credit Limit. Factors considered in determining the increased 
rate  or  Credit  Limit  decrease  may  include  your  general  credit  profile,  existence, 
seriousness and timing of the defaults under any agreement that you have with us, 
and  other  indications  of  the  Account  usage  and  performance.  We  will  give  you 
notice of any such change in the manner required by law.  Revised Account terms 
apply as of the effective date communicated in our notice to you unless the notice 
provides you with the right to opt out, and you do opt out, before the effective date.   

32. Cancellation of Your Account:  We may cancel your Account or suspend your 
ability  to  obtain  Account  credit  immediately,  without  notice,  if  your  Account  is  in 
Default. Even if you are not in Default, we may cancel  your Account by providing 
notice  to  you.  You  may  cancel  your  Account  by  notifying  us  by  telephone  or  in 
writing. If you have a secured Account, your termination request must be made in 
writing. If this is a joint Account, we will honor a request by either of you to cancel 
the Account. After the Account is cancelled, you will not be able to obtain additional 
Account  credit,  except  that,  (a)  the  Account  may  continue  to  receive  recurring 
charges  for  items  and  services  until  you  contact  and  cancel  delivery  with  the 
company  providing  the  item  or  service,  or  (b)  under  certain  circumstances  if  you 
use your Account for a transaction, the transaction may be posted to your Account.  
After  your  Account is  cancelled, all amounts outstanding on  your  Account will be 
due  and  payable  without  notice  or  demand  from  us.  You must  cut  all  Cards and 
Convenience Checks in half and return them to us.  If you do not pay the amount 
you owe under this Agreement, you will be liable for our collection costs including 
our reasonable attorney fees and expenses of legal actions, to the extent permitted 
by applicable law. 

33.  Assignment  of  Your  Account  to  Another  Creditor:  We  may  assign,  sell  or 
transfer your Account and amounts owed by you to another creditor at any time. If 
we  do,  this  Agreement  will  still  be  in  effect  unless  and  until  amended,  and  any 
references made in this Agreement to “we”, “us”, or “our” will refer to the creditor to 
which we assigned, sold or transferred your Account or amounts owed under your 
Account. You may not delegate your obligations and responsibilities to us to any 
third party without our express written consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving you 
credit  or  collecting  amounts  owed  on  your  Account.  You  agree  that  a  consumer 
credit report may be requested periodically from one or more consumer reporting 
agencies (“Credit Bureaus”) and used in connection with your application and any 
update, renewal or extension of credit. We will provide information about you, your 
Account  or  your  credit  history  to  Credit  Bureaus  and  others  who  may  properly 
receive that information. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
35. Credit Bureau Disputes:  If you believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166-
9801.  

36.  Privacy Pledge and Disclosure of Account Information:  A copy of our Privacy 
Pledge  was  included  with  your  original  Agreement.    We  also  keep  copies  of  our 
Privacy  Pledge  in  financial  institution  offices  and  post  it  on  our  web  site.    Our 
Privacy Pledge describes how we collect, protect and use confidential financial and 
other  information  about  you  and  the  circumstances  in  which  we  might  share 
information  about  you with members  of our  corporate  family  and  with  unaffiliated 
third parties. Our Privacy Pledge also tells you how you can (a) limit the ways we 
share  certain  kinds  of  information  about  you  and  (b)  request  corrections  to  the 
information we maintain about you. 

37.  Refusal  to  Honor  Transactions:  We  and  our  agents  are  not  responsible  if 
anyone refuses to honor your Card or a Convenience Check, or if authorization for 
a particular transaction is not given. Although you may have credit available under 
your Account, we may be unable to authorize credit for a particular transaction. The 
number of transactions you make in one day may be limited, and the limit per day 
may  vary.  These  restrictions  are  for  security  reasons  and  as  a  result  we  cannot 
explain the details of how this system works. If your Account is over the Credit Limit 
or delinquent, authorization of credit for transactions may be declined. We are not 
responsible for anything purchased with your Card or a Convenience Check, except 
as expressly required by applicable law (see Your Billing Rights section below for 
more details). You must return goods you purchased with the Card or Account to 
the merchant and not to us.  

38.  Third  Party  Offers:  From  time  to  time,  third  parties  may  provide  you  with 
benefits not related to the extension of Account credit. We are not liable for these 
features, services and enhancements, as they are the sole responsibility of the third 
party  provider.  We  and/or  a  third party  may  add,  change or  delete entirely  these 
benefits without notice or liability to you, to the extent permitted by applicable law. 
You agree to hold us harmless from any claims, actions or damages resulting from 
your use of any of these features, services or enhancements, where permitted by 
applicable law. 

39. Monitoring and Recording Communications: You understand and agree that we, 
and anyone acting on our behalf, may monitor and/or record any communications 
between  you,  or  anyone  acting  on  your  behalf,  and  us,  or  anyone  acting  on  our 
behalf, for quality control and other purposes.  You also understand and agree that 
this  monitoring  or  recording  may  be  done  without  any  further  notice  to  you  or 
anyone  acting  on  your  behalf.    The  communications  that  may  be  monitored  or 
recorded  include  telephone  calls,  cellular  or  mobile  phone  calls,  and  any  other 
communications in any form.    

40. Severability: If a court of competent jurisdiction finds any part of this Agreement 
illegal  or  unenforceable,  the  remaining  portions  of  the  Agreement  will  remain  in 
effect  as  written  after  any  such  illegal  or  unenforceable  portion  is  amended  in 
conformance with applicable law or, if necessary, voided.  

41.  Entire Agreement:  This  version  of  the  web  Agreement  replaces any previous 
versions  of  the  web  Agreement.  The  Agreement,  as  modified  by  any  change  in 
terms  we  may  deliver  from  time  to  time  in  accordance  with  applicable  law, 
constitutes  the  entire  agreement  between  you  and  us,  and  supersedes  any  prior 
negotiation,  agreement,  or  understanding  between  you  and  us  concerning  the 
subject matter of the Agreement.  

42. Waiver:  We do not give up our rights under the Agreement or applicable law 
when  we  fail  to  exercise  or  delay  exercising  those  rights.  Our  failure  or  delay  to 
exercise any right or remedy we have against you does not mean that we waive 
that right. 

43.  Arbitration Provision: 
(a)  You agree that either you or we can choose to have binding arbitration 
resolve  any  claim,  dispute  or  controversy  between  you  and  us  that  arises 
from  or  relates  to  this  Agreement  or  the  Account  and  credit  issued 
thereunder (individually and collectively, a "Claim").  This does not apply to 
any Claim in which the relief sought is within the jurisdictional limits of, and 
is  filed  in,  a  small  claims  court.    If  arbitration  is  chosen  by  any  party,  the 
following will apply: 

(1)    NEITHER  YOU  NOR  WE  WILL  HAVE  THE  RIGHT  TO  LITIGATE  A 
CLAIM  IN  COURT  OR  TO  HAVE  A  JURY  TRIAL  ON  A  CLAIM,  OR  TO 
ENGAGE  IN  PRE-ARBITRATION  DISCOVERY,  EXCEPT  AS  PROVIDED 
FOR IN THE APPLICABLE ARBITRATION RULES.  
(2)  Arbitration  will  only  decide  our  or  your  Claim,  and  you  may  not 
consolidate or join the claims of other persons who may have similar 
claims.    YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 

REPRESENTATIVE  OR  MEMBER OF ANY  CLASS OF  CLAIMANTS,  OR 
AS  A  PRIVATE  ATTORNEY  GENERAL,  PERTAINING  TO  ANY  CLAIM 
SUBJECT TO ARBITRATION.  
(3) The arbitration will be performed in accordance with this Arbitration 
Provision and the rules of the chosen arbitrator in effect when the Claim 
is filed.   
(4)  The arbitrator’s decision will generally be final and binding, except 
for the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also not 
be available in arbitration.  

forms 

(b)  The party commencing the arbitration may select to use either JAMS or 
the  American  Arbitration  Association  ("AAA")  (or,  if  neither  of  these 
arbitration organizations will serve, then a comparable substitute arbitration 
organization  agreed  upon  by  the  parties  or,  if  the  parties  cannot  agree, 
chosen  by  a  court  of  competent  jurisdiction).    If  JAMS  is  selected,  the 
arbitration  will  be  handled  according  to  its  Streamlined  Arbitration  Rules 
unless the Claim  is for $250,000 or more, in which case its Comprehensive 
Arbitration  Rules shall  apply.    If  the AAA  is selected,  the  arbitration  will  be 
handled according to its Commercial Arbitration Rules.  You may obtain rules 
and 
for  JAMS  by  contacting  JAMS  at  1-800-352-5267  or 
www.jamsadr.com and for the AAA by contacting the AAA at 1-800-778-7879 
or www.adr.org.  Any arbitration hearing that you attend will take place in the 
federal  judicial  district where you  reside.   At  your  request,  we  will  advance 
your  filing  and  hearing  fees  for  any  Claim  you  may  file  against  us.  If  you 
prevail on your Claim, we will pay your arbitration costs and fees, other than 
attorney, expert and witness fees and expenses.  We will also pay any fees or 
expenses that applicable law requires us to pay.   The arbitrator shall apply 
applicable  substantive  law  consistent  with  the  Federal  Arbitration  Act,  9 
U.S.C.  §§  1  through  16,  including  but  not  limited  to  applicable  statutes  of 
limitation, and shall honor claims of privilege recognized at law.  Judgment 
upon the award rendered by the arbitrator may be entered in any court having 
jurisdiction.  

(c)  This  Arbitration  Provision  shall  survive  repayment  of  your  extension  of 
credit and termination of your Account.  This Arbitration Provision shall be 
governed by federal law, including the Federal Arbitration Act,  and by  Ohio 
law, without regard to its internal conflict of law principles, to the extent such 
state law does not conflict with federal law or this Arbitration Provision. This 
Arbitration  Provision  shall  not  apply  to  a  party  who  is  a  covered  borrower 
under  the  Military  Lending  Act.    Notwithstanding  any  language  of  this 
Agreement to the contrary, should any portion of this Arbitration Provision be 
held  invalid  or  unenforceable  by  a  court  or  other  body  of  competent 
jurisdiction, this entire Arbitration Provision shall be automatically terminated 
and  all  other  provisions  of  this  Agreement  shall  remain  in  full  force  and 
effect. 

Federal law provides important protections to members of the Armed Forces and 
their dependents relating to extensions of consumer credit. In general, the cost of 
consumer credit to a member of the Armed Forces and his or her dependent may 
not  exceed  an  annual  percentage  rate  of  36  percent.  This  rate  must  include,  as 
applicable  to  the  credit  transaction  or  account:  the  costs  associated  with  credit 
insurance premiums; fees for ancillary products sold in connection with the credit 
transaction;  any  application  fee  charged  (other  than  certain  application  fees  for 
specified credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). For a verbal transcript of 
this disclosure, please call 1-877-292-1682. 

YOUR BILLING RIGHTS 

Keep this document for future use.  This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act. 

What to Do If You Find a Mistake on Your Statement: 
If you think there is an error on your statement, call or write to us. 

In your letter or call, give us the following information: 
•  Account information: Your name and Account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe 

what you believe is wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At  least  3  business  days  before  an  automated  payment  is  scheduled,  if 

you want to stop payment on the amount you think is wrong. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
1.  Within  30  days  of  receiving  your  letter  or  call,  we  must  tell  you  that  we 
received your letter.  We will also tell you if we have already corrected the 
error. 

2.  Within 90 days of receiving your letter or call, we must either correct the error 
or  explain  to  you  why  we  believe  the  bill  is  correct.    While  we  investigate 
whether or not there has been an error: 
•  We  cannot  try  to  collect  the  amount  in  question,  or  report  you  as 

• 

delinquent on that amount. 
The  charge  in question  may  remain  on  your  statement,  and  we  may 
continue to charge you interest on that amount. 

•  While  you  do  not  have  to  pay  the  amount  in  question,  you  are 

responsible for the remainder of your balance. 

•  We can apply any unpaid amount against your Credit Limit. 

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.   While we investigate, the same rules apply to the disputed 
amount as discussed above.  After we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an amount and you do not pay, we may 
report you as delinquent. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER 
CHECKS. 

z01_ELAN_CLASSIC_GOLD_PLAT  

• 

After We Finish Our Investigation, One of Two Things Will Happen: 
• 

If we made a mistake, you will not have to pay the amount in question or any 
interest or other fees related to that amount. 
If we do not believe there was a mistake, you will have to pay the amount in 
question,  along  with  applicable  interest  and  fees.    We  will  send  you  a 
statement  of  the amount  you  owe  and  the  date payment  is  due.    We  may 
then report you as delinquent if you do not pay the amount we think you owe.  
If  you  receive  our  explanation  but  still  believe  your  bill  is  wrong,  you  must 
write to us within 10 days telling us that you still refuse to pay.  If you do so, 
we  cannot  report  you  as  delinquent  without  also  reporting  that  you  are 
questioning  your  bill.    We  must  tell  you  the  name  of  anyone  to  whom  we 
reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases:  
If you are dissatisfied with the goods or services that you have purchased with your 
Card, and you have tried in good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on the purchase.  To use 
this right, all of the following must be true: 
1. 

The purchase must have been made in your home state or within 100 miles 
of  your  current  mailing  address,  and  the  purchase  price  must  have  been 
more than $50. (Note: Neither of these are necessary if your purchase was 
based on an advertisement we mailed to you, or if we own the company that 
sold you the goods or services.) 
You must have used your credit card for the purchase. Purchases made with 
cash advances from an ATM or with a check that accesses your credit card 
Account do not qualify. 

2.