(Personal Accounts) 

  CREDIT CARD AGREEMENT  

By  requesting  or  accepting  any  Platinum  MasterCard, 
Platinum  Visa,  Platinum  Rewards  MasterCard,  Platinum 
Rewards  Visa,  or  Cash  Back  MasterCardaccount 
(individually  or  collectively  called  “Credit  Card  account”  or 
“Account”) with Bank of the West, you agree to be bound by 
all  the  terms  of  this  Agreement.  In  this  Agreement,  the 
words “you” or “your” mean everyone who has requested or 
accepted  a  Credit  Card  account  with  us.  The  words  “we,” 
“us,” “our,” or “Bank” mean Bank of the West.  If you do not 
accept this Agreement, you must notify us in writing within 5 
days  after  receipt.    Use  of  your  card  or  any  feature 
(including  a  balance 
transfer)  of  your  Credit  Card 
Agreement shall constitute acceptance of this Agreement.  

or 

from 

services 

internet  or  online  gambling 

1. Use.  Your  Platinum  MasterCard,  Platinum  Visa, 
Platinum  Rewards  MasterCard,    Platinum  Rewards  Visa 
card  or  Cash  Back  MasterCard  (individually  or  collectively 
called “Card”) may be used as a credit card for purchases of 
goods 
participating  merchants 
(“Purchases”) or to get Cash Advances from us or any other 
financial  institution  displaying  the  “MasterCard”  or  “Visa” 
logo,  or  to  purchase  certain  items  such  as  traveler's 
cheques,  foreign  currency,  money  orders,  wire  transfers, 
lottery tickets, and (except as noted below) funds to be used 
for wagers or gambling (all of which are collectively referred 
to  as  “Cash  Advances”)  up  to  your  Credit  Limit;  provided, 
however, you may not use your Card (i) to make Purchases 
or  obtain  Cash  Advances  for  any  illegal  transaction,  or  (ii) 
for  any 
transactions.  
Transactions  for  online  or  internet  gambling  will  not  be 
approved.  If you use your Card for any illegal or prohibited 
transaction, this Agreement also applies to such transaction 
and  you  agree  to  pay  any  and  all  amounts  related  to  such 
transaction  pursuant  to  the  terms  of  this  Agreement.  We 
may,  in  our  sole  discretion,  restrict  the  use  of  or  terminate 
your Card if we notice excessive use of your Card or other 
suspicious activities or if we reasonably believe the Card is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions.  You  can  also  obtain  a  Cash  Advance  by 
writing  a  special  MasterCard  or  Visa  check  (“Convenience 
Check”).    The  Cash  Advance  will  be  posted  to  your  Credit 
Card  account  when  the  Convenience  Check  reaches  us.  If 
you  stop  payment  on  a  Convenience  Check,  your  Credit 
Card  account  will  be  charged  $16.00  (or  as  permitted  by 
law) for each stop payment. We may designate that  only a 
portion of your Credit Limit is available for Cash  Advances. 
In addition, you may request that we pay other creditors on 
your behalf and transfer approved amounts to your Account 
(“Balance Transfers”). 

Your  Card  may  also  be  used  in  certain  automated 
terminals to gain  access to  your Credit Card  accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use. 

2. Credit  Limit.   We  will  notify  you  of  the  Credit  Limit  for 
each Credit Card account you have with us. You agree that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you  do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately,  and  we may  reduce the available Credit Limit 
of  any  other  Credit  Card  account  you  have  with  us  until 
such  time  the  excess  amount  is  repaid.  You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore, we reserve the right to lower your Credit Limit 
at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
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BW-CCAG (REV.  04/2017)  

to  increase  your  Credit  Limit  at  any 

necessary to verify Payments received on your Credit Card 
account.  If we accept a payment from you in excess of your 
outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased by the amount of the overpayment nor will we be 
required  to  authorize  transactions  for  an  amount  in  excess 
of your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such as car rental companies and hotels, may request prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily be reduced by the amount authorized by us.   If 
you  do  not  ultimately  use  your  Credit  Card  account  to  pay 
for  your  Purchases  or  if  the  actual  amount  of  Purchases 
posted  to  your  Credit  Card  account  varies  from  the 
estimated amount approved by us, it is the responsibility of 
the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement to Pay. When you use your Card or Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including  any  which  may  have  been  made  in  violation  of 
this  Agreement),  and  the  INTEREST  CHARGES,  and  fees 
that may become due as shown on the periodic statement. 
You agree that we may change or cancel  your Credit Card 
Account at any time without affecting your obligation to pay 
the amounts that you owe under this Agreement.  

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement  Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,”  and  your  minimum  monthly  payment,  which  will 
be shown as “Minimum Payment Due.” 

6. Payment. You must make a payment by the “Payment 
Due Date.”  You have  two  choices:  You may pay  the  entire 
“New Balance” or you may pay in installments by paying at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly  received,  we  will  allocate  your  payment  in  a 
manner we determine except as otherwise required by law.  
The  Minimum  Payment  is  applied  first  to  fees,  then  to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied first to balances with the highest Annual Percentage 
Rate and then to each successive balance bearing the next 
highest Annual Percentage Rate.  

 Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement.  Payments 
must  reach  our  BankCard  Center  during  our  regular 
business  day 
in  order  to  be  credited  on  that  date.  
Payments  received  after  the  cutoff  times  of  5:00  p.m.  PT 
are credited as of the following business day. If you make a 
payment  by  any  means  other  than  mail  to  our  BankCard 
Center crediting of the payment may be delayed.  If you fail 
to  properly  make  payments,  crediting  such  payments  may 
be delayed. Your total available credit may not be restored 
for up to 15 days after we receive your payment.    

If  a  payment  is  returned  to  us  for  any  reason,  we  may 
apply a Returned Payment  Fee of $25 for the first violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing  cycles.  The  Returned  Payment  Fee 
Iowa 
residents is $19.95.  If the Returned Payment Fee is greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due.  

for 

  From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 

 
   
 
 
 
 
 
 
 
 
 
INTEREST 
reduce  or  eliminate  certain 
temporarily 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

7. Minimum  Payment-  Late  Payment  Fee.  At  least  the 
amount  of  the  “Minimum  Payment  Due”  must  be  received 
by us by the “Payment Due Date.” If it is not, we may apply 
a Late Payment fee of $25 for the first violation and $35 for 
each subsequent  violation  within the next six billing cycles.  
The Late Payment fee for Iowa residents is $15.  If the Late 
Payment fee is greater than the Minimum Payment Due, the 
fee  will  be  equal  to  the  Minimum  Payment  Due.    If  such 
charge would result in an INTEREST CHARGE greater than 
the  maximum  allowed  by  law,  we  will  only  charge  the 
maximum  allowable  rate.  Your  Minimum  Payment  Due  will 
be 3% of the New Balance plus any Late Payment fee (with 
a minimum  of  the  lesser  of  $25  or  your  New  Balance)  and 
any amount over your credit limit and past due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the entire New Balance by the Payment Due Date. If we do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES on all other balances, including Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Advances, 
Purchases, 
Introductory Rates and any special rate offers we may make 
available from time to time.  If you are charged interest, the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement).  

Transfers,  Cash 

Balance 

a.  Average  Daily  Balance.    To  obtain  the  daily 
balance  for  each  Balance  Category  we  take  the  beginning 
balance  each  day  and  add  new  transactions  applicable  to 
each  category,  and  subtract  any  payments,  credits,  and 
refunds  applied  to  the  category.   To  figure  your  Average 
Daily  Balance  for  each  Balance  Category,  we  add  all  your 
daily  balances  and  divide  by  the  number  of  days  in  the 
billing period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying these Average Daily Balances by the applicable 
Daily  Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c.  Fixed  Rate.  For  the  first  six  months  (“Introductory 
Period”) your interest rate for Purchases on your Account is 
equal  to  0.00%  APR;  thereafter,  your  interest  rate  for 
Purchases  will  apply.    There  is  no  introductory  rate  for 
Balance Transfers or Cash Advances.  

d.  Variable Rate. The current Annual Percentage Rate 
for  all  variable  rates  is  shown  on  the  Account  Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 
Annual  Percentage  Rate  may  change  each  month  on  the 
first day  of each of  your billing cycles.  Each  date on  which 
the rate of interest could change is called a “Change Date.” 
Changes will be based on changes in the “Index.” The Index 
is  the  highest  Prime  Rate  published  in  the  “Money  Rates” 
table  of  The  Wall  Street  Journal.  If  the  Index  is  no  longer 
available, we will choose a new index which is based upon 
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comparable  information  and  will  give  you  notice  of  our 
choice. The Index figure  published  on the second Tuesday 
(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  is  called  the  “Current  Index.”  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Platinum  Rewards  Credit 
Card account  is based on  a variable rate  equal to the sum 
of the Current Index plus a “Rate Spread” of 12.74 to 19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Platinum  Credit  Card 
account is based on a variable rate equal to the sum of the 
Current  Index  plus  a  “Rate  Spread”  of  11.74  to  19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Cash  Back  Credit  Card 
account is based on a variable rate equal to the sum of the 
Current  Index  plus  a  “Rate  Spread”  of  12.74  to  19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Cash  Advances  on  your  Account  is  based 
on a variable rate equal to the sum of the Current Index plus 
a  “Rate  Spread”  of  21.74  percentage  points.  Immediately 
before  each  Change  Date  we  will  determine  the  new 
interest  rate  by  adding  the  Rate  Spread  to  the  Current 
Index.  The  new  interest  rate  will  become  effective  at  the 
start  of  your  first  billing  cycle  after  the  Change  Date.  Only 
one Annual Percentage Rate and Daily Periodic Rate will be 
in effect for each Balance Category during the billing period. 
The Annual Percentage Rate will not exceed the maximum 
rate  permitted  by  law.  The  effect  of  any  increase  in  the 
Annual Percentage Rate and the Daily Periodic Rate would 
be  to  increase  the  amount  of  INTEREST  CHARGE  or 
interest  you  must  pay  and  thus  increase  your  monthly 
payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  3.00%  of 
each balance transferred, $5 minimum.  Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  

the 

time 

by  Visa 

International 

in  effect  at 

11.    Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that you make outside of the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered  foreign  transactions.    If  you  make  a 
transaction  in  a  foreign  currency  it  will  be  billed  to  you  in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined 
or  MasterCard 
International  in  accordance  with  their  operating  regulations 
or  conversion  procedures 
the 
transaction  is  processed.  Currently,  their  regulations  and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale market rate, whichever is applicable, in effect one 
day  prior  to  the  processing  date. We  do  not  determine  the 
currency conversion rate  which  is used.    You agree to pay 
the  converted  amount  in  U.S.  funds.  In  addition,  Visa  or 
MasterCard  will  charge  us  (the  Bank)  an  international 
transaction  fee,  currently  equal  to  one  percent  (1.00%)  of 
the transaction amount. We will charge you the international 
transaction  fee  imposed  on  us  plus  an  additional  two 
percent  (2.00%)  of  the  transaction  amount  whether  that 
transaction was originally made in U.S. dollars or was made 
in  another  currency  and  converted  to  U.S.  dollars.    These 
two  fees  will  be  aggregated  and  shown  as  one  Foreign 
Transaction Fee on your statement. 

12.  Other Fees. As allowed by law, we may charge, and 
you agree to pay, fees for certain services or requests made 
by  you,  such  as  but  not  limited  to:  Automated  Teller 
Machine  (“ATM”)  transactions  conducted  at  machines  not 
operated  by  us,  requests  for  copies  of  billing  statements, 
sales  drafts,  or  other  records  of  your  Account,  or  if  you 
request a replacement card(s).  However, we will not charge 
fees for copies of documents requested for a billing dispute.  
These  fees may  change  from  time  to  time.   We  will  inform 
you  of  the  fee(s)  that  you  will  incur  prior  to  when  the 
applicable service(s) is(are) provided or when you make the 
request(s),  as  applicable.  You  authorize  us  to  charge  your 
Credit  Card  account  for  any  such  fees  that  you  incurs. We 

 
 
reserve  the  right  to  waive  a  fee  from  time  to  time  but  a 
waiver does not mean we will continue to waive such fee in 
the future.  

13.  Default. We may declare the entire balance for all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but not paid, and all of the  INTEREST CHARGES  accrued 
but not paid. If we terminate your Credit Card account, your 
obligation  to  repay  the  amounts  you  already  owe  us  would 
continue.  

At  our  option,  we  may  also  take  action  short  of 
terminating your Credit Card account. If we take such lesser 
action initially, we reserve the right to terminate your Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration.  

14.  Automated Terminal Services 

a. Automated  Terminals.  You  may  use  your  Card  in 

the following automated terminals: 

  (1) Any Bank of the West automated teller machines. 
is 
  (2) Any  other  automated 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

teller  machine 

that 

  (3) Any  point-of-sale  terminal  that  accepts  our  Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 
  (1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get  a  Cash  Advance  from  your  Credit  Card 

account. 

(b) Get your Credit Card account balances. These 
balances may not include some transactions recently made 
in  your  Credit  Card  account.  Some  of 
the  services 
described  in  subparagraphs  (a)  and  (b)  may  not  be 
available at all Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase  certain  merchandise.  The  amount  of  your 
purchase  will  automatically be charged to  your Credit Card 
account as a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which  you use  your Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you,  and  the  magnetically  encoded  stripe  on  the  Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
Please  notify  us  of  any  mechanical  or  operating  failure  in 
connection with the use of your Card. Do not permit anyone 
else to use your Card and do not disclose your secret code 
or record it on the Card. The Card remains the property  of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

e. Fees  for  Using  Automated  Terminal  Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described  in 
paragraph 12-Other Fees. 

15.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use 
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BW-CCAG (REV.  04/2017)  

of  your  Card  as  a  credit  card  which  occurs  after  you  notify 
us at the telephone number or address stated in paragraph 
16,  orally  or 
theft,  or  possible 
unauthorized use. In any case, your liability for unauthorized 
use of your Card as a credit card will not exceed $50.00. 

in  writing,  of 

loss, 

16.  Where to Call or Write. If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call: 
1-800-996-2638 (for TTY/TDD call 1-800-659-5495) or write 
to:  Bank  of  the  West,  BankCard  Security  Department,  PO 
Box 2078, Omaha, NE 68103-2078. 

17.   Our  Business  Days.  Our  business  days  are 

Monday through Friday, except for bank holidays. 

18.  Credit Investigation and Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries.  If  you  believe  that  we  have  incorrect  information 
or  have  reported  inaccurate  information  about  you  to  a 
credit  bureau,  please  call  us  at  1-800-996-2638  (for 
TTY/TDD  call  1-800-659-5495).    As  required  by  law,  you 
are hereby notified that a negative credit report reflecting on 
your  credit  history  may  be  submitted  to  a  credit  reporting 
agency  if  you  fail  to  fulfill  the  terms  of  your  credit 
obligations. 

19.  Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you have given us a specific security interest in connection 
with this Agreement, which is described on the Supplement 
attached to this Agreement. 

20.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

21.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect from or sue any one of you, or 
make  any  settlements  or  extensions  with  any  one  of  you, 
the  other.  You 
without  giving  up  our  rights  against 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

22.  No  Waiver  of  Rights.  If  we  choose  to  waive  any  of 
the  terms  or  conditions  of  this  Agreement  on  a  case-by-
case basis, such as by not declaring the entire balance due 
when the minimum monthly payment has not been made on 
time,  it  does  not  mean  that  we  have  waived,  or  given  up, 
our right to exercise any of our rights or remedies under this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitute  a  waiver  of  our  rights  or  of  any  provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

23.  Changing  Terms. We  can  change,  add  to,  delete  or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.    We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before the effective date of the change. We do not have to 
send  you  an  advance  notice  of  the  change  if  it  favors  you, 
such  as  by  reducing  rates,  or  increasing  the  maximum 
credit limit.  Except in cases where  we are changing terms 
due to the Minimum Payment Due not being received within 
60  days  of  the  Payment  Due  Date,  you  agree  that  the 
change  may  cover  all  transactions  made  15  days  after  we 
mail  the  notice.    If  you  do  not  agree  to  the  change,  a 
method for rejecting the change and closing the account will 
be  provided  in  the  Change  of  Terms  Notice.      You  agree 
that  if  you  use  your  card  after  the  effective  date  of  the 
change, this will constitute your agreement with the change.  
24.  Canceling  this  Agreement.  We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of  you  in  writing.  You  also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing  or  calling  the  BankCard  Center  at  1-800-996-2638 
(for  TTY/TDD  call  1-800-659-5495).  If  this  Agreement  is 
canceled by  you or us,  your obligation is to repay amounts 

 
 
 
 
 
   
   
   
you already owe under this Agreement.  In either case, the 
account will be closed and you will no longer have access to 
the account. 

25.  Governing Law. This Agreement will be governed by 
the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
26.  Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may  listen  to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

27.  Severability.    All  other  provisions  of  this  Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this  Agreement  are  held 
illegal,  void  or 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

28.  Our Communications with You 
You  agree 

that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  monitor 

limited 

and record telephone calls regarding your banking services 
to assure the quality of our service or for other reasons. You 
expressly  consent  that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  use 
written,  electronic,  or  verbal  means,  or   any  other  medium, 
as  permitted  by  law  and  including,  but  not  limited  to,  mail 
and facsimile, to contact you. Your consent includes, but is 
not 
to,  contact  by  manual  calling  methods, 
prerecorded or artificial voice messages, text messages, e-
mails  and/or  automatic  telephone  dialing  systems.  You 
agree  that  we,  any  of  our  affiliates,  agents,  independent 
contractors  or  service  providers  may  contact  you  by  using 
any e-mail or any telephone number you provide, including 
a  telephone  number  for  a  cellular  phone  or  other  wireless 
device,  regardless  of  whether  you  incur  any  charges  as  a 
result.   

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

Your Billing Rights  

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:  

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
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  [or 
electronically].    You  may  call  us,  but  if  you  do  we  are  not 
required  to  investigate  any  potential  errors  and  you  may 
have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1. Within 30 days of receiving your letter, we must tell you 
that we received your letter.  We will also tell you if we have 
already corrected the error. 

2. Within  90  days  of  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 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. 

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 

M-120700 
BW-CCAG (REV.  04/2017)  

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 
those 
organizations  know  when  the  matter  has  been  settled 
between us. 

let 

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: 

Bank of the West  
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

While  we  investigate,  the  same rules  apply  to  the  disputed 
amount  as  discussed  above. 
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. 

  After  we 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which the debtor could assert against the seller of goods or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery hereunder by the debtor shall not exceed 
amounts paid by the debtor hereunder.