Agreement for U.S. Bank National Association U.S. Bank Patient Finance Accounts 
This credit program is issued and administered by U.S. Bank National Association. This information is accurate as of December 31, 2013.  
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 for more detailed information, including contact information. 

PRICING INFORMATION: Actual pricing will vary from one Account 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. 

This APR will not vary with the Market 
based on the Prime Rate. 

Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

  Annual Fee 

Account Fees 
  Late Fee 
  Return Payment Fee  

U.S. Bank National Association 
P. O. Box 6352 
Fargo, ND  58125 

U.S. Bank Patient Finance Cardmember Agreement 

Prime + 0% to Prime + 9.74% 
(APR) 3.25% to 12.99% 
(DPR) 0.008904% to 0.035589% 
(APR) 0% to 9.89% 
(DPR) 0% to 0.027096% 
If you are charged interest, then the Minimum Interest Charge 
will be either $0 or 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  Account  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. 
NONE 

Up to $35 
Up to $35 

This is an accountholder agreement and disclosure statement (“Agreement”) between you and U.S. Bank National Association containing the terms that will apply to  your U.S. Bank 
Patient Finance Account (“Account”) effective December 31, 2013.  In this Agreement, “you”, “your" and “Accountholder” mean each individual accepting a solicitation or applying for the 
Account or otherwise agreeing to be responsible for the Account.    “We”,  “us”,  and “our”  mean U.S. Bank National  Association, your Account creditor.    “Medical Provider” means the 
hospital, physician group or clinic that offered you the credit application.  Please read this Agreement carefully and keep it in a safe place to make the best use of this Account).  The 
Agreement becomes effective as soon as you or someone authorized by you uses the Account, but no later than 30 calendar days after we open the Account.  This web Agreement does 
not replace the Agreement that is provided with the Account.    

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 
medical expenses at Medical Provider. Federal or state consumer protection laws may 
not apply if you use the Account for purposes other than personal, family or household 
expenses.  In addition, we may suspend or cancel your ability to use the Account if it is 
used for other purposes.  

2. Purchases: You may use the Account to obtain goods or services from the Medical 
Provider  (“Purchases”).  Medical  Provider  will  initiate  the  transaction  and  have  final 
authority  to  approve  the  Purchase  posting  to  your  Account.    Even  if  you  have  not 
signed a sales draft or Medical Provider 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).  

INTEREST CHARGES AND ACCOUNT FEES 

3.  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);  and  (b) any  other  transaction  fees 
that are considered INTEREST CHARGES.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4. 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": The DPR for transactions posting 
as Purchases is equal to 1/365th of its corresponding APR.  
(b) Variable APRs are calculated by adding a margin to the Index. Your Variable DPR 
is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR may 
increase or decrease from time to time according to the movements up or down of the 
Index, which is the Prime Rate published in the "Money Rates" section of the Midwest 
Edition of The Wall Street Journal on the last publication day before the date on which 
the  billing  cycle  closed  (in  other  words,  the  "statement  date").  Any  variable  rate 
adjustment based on an Index change will be effective as of the first day of the current 
billing  cycle,  and  will  apply  to  the  new  and  outstanding  Account  balances  and 
transactions subject to that variable rate.  Any increase or decrease to the Index 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.  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 is 3.25%.   

5. 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 Purchases subject 
to interest, and then adding together the resulting interest. We determine the ADB for 
the Purchases by adding together the daily balances for the billing cycle and dividing 
the result by the number of days in the billing cycle. We determine the daily balances 
each  day  by  taking  the  beginning  balance  of  Purchases  (including  any  billed  but 
unpaid interest, fees, 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 to the Purchase balance on the later of the transaction date 
or  the  first  day  of  the  statement  period.  Billed  but  unpaid  interest  on  Purchases  is 
added  to  the  Purchase  balance  each  month  on  the  statement  date.    Any  billed  but 
unpaid fees on Purchases  and other charges are added to the Purchase 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.    There  is  a 
minimum  INTEREST  CHARGE  Fee  of  $2.00  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. 

6.  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.   

7. Account Fees:  

(a) We will add a Late Payment Fee of up to $35.00 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.   
(b)  We  will  add  a  Returned  Payment  Fee  of  up  to  $35.00  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.  
(c)  We  will  add  a  Duplicate  Documentation  Fee  of  $5.00  to  the  Purchase 
balance  of  the  Account  for  each  copy  of  a  monthly  statement,  sales  slip,  or 
refund 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. 
(d)  We  may  add  a  service  charge  of  $10.00  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.  

Under no circumstances will your Late Payment Fee or Returned Payment Fee ever 
be greater than your Minimum Payment due.            

IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

8.  Credit Limit:  The  Account  Credit Limit  is  the maximum  amount  of  credit available 
and that you may owe 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.  Credit Limit increases must be approved 
by  Medical  Provider.    The  initial  Credit  Limit  will  appear  on  your  monthly  Account 
statements.  We reserve the right to review your Account at any time and increase or 
decrease your Credit Limit. You may not increase your Credit Limit by carrying credit 
balances over the Credit Limit we make available to you.   

9.  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.  

10. 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.  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 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. 

11.  Payment Application:    If we cannot collect  on  your check or other payment item 
you send us to pay on your Account, 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. 

12. 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.  

13.  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.  

14. Authorized Users: You agree not to allow access to your Account to anyone else to 
use your Account, except by asking us to grant Account access to another person.  If 
you allow access to your 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 an Accountholder, or anyone 
who you have authorized by (a) asking us to grant Account access to another person; 
(b)  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 Accountholder and Account obligor, 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. 

 
 
  
 
   
 
 
 
 
 
 
 
 
 
 
15. Lost or Stolen Account Information: You must notify us immediately by telephone 
or in writing if there is possible unauthorized use of your Account. You may be liable 
for the unauthorized use of your Account.  You will not be liable for unauthorized use 

that occurs after you notify us orally or in writing of the unauthorized use.  In any case, 
your  liability  will  not  exceed  $50.    If  this  happens,  we  have  the  right  to  close  your 
Account and open a new Account.  

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

16.  Responsibility  to  Pay:  You  agree  to  pay  us  for  all  Purchases,  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  Accountholder,  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.   

17. 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. 

18. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement 
with  us  about  any  amount  you  owe  by  sending  a  check  on  which  you  have  written 
"Payment in Full" or similar language, you must send us a written explanation of the 
disagreement  or  dispute  and  any  such  check  to  Cardmember  Service.  (See  Your 
Billing  Rights  section  below  for  complete  details.)  This  address  is  different  than  the 
address  you  use  to  make  Account  payments.  Writing  “Payment  in  Full”  or  similar 
language on the check will not be enough to resolve the dispute. If we collect a check 
or any payment instrument marked “Payment in Full” that you sent to an address other 
than the one provided in this section (such as the address at which you normally make 
payments), we will not have waived our right to collect any remaining amount you owe 
us under the terms of your Account. 

19. 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 Accountholder; 
(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 will also be in Default if you go over your Credit Limit. 

20. Illegal Purchases: You agree that you will not use or permit an authorized user to 
use the 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 

21. Ownership of this Account: Any 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.  

22. 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.   

23.  Cancellation  and  Renewal  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 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.  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.  If  there  is  no  outstanding  Account  balance  and  there  have  been  no 
transactions posted within the previous 90 days, the Account will not be automatically 
renewed on the expiration date. 

24. 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. 

OUR LEGAL RIGHTS AND OBLIGATIONS 

25.  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. 

26.  Credit  Bureau  Disputes:  If  you  believe  we  inaccurately  reported  credit  history 
information  about  you  or  your  Account  to  a  Credit  Bureau,  write  to  us at  Consumer 
Recovery  Department,  Attn.:  CBR  Disputes,  P.O.  Box  108,  St.  Louis,  MO    63166-
9801.  

27.    Privacy  Pledge  and  Disclosure  of  Account  Information:  A  copy  of  our  Privacy 
Pledge  was  included with  your  original Agreement.    You  will  also  receive a  copy  at 
least  once  annually  while  you  remain  our  customer.  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. 

28. Refusal to Honor Transactions: We and our agents are not responsible if anyone 
refuses to accept your Account number, 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 Account, except as expressly required by applicable law (see Your Billing Rights 
section  below  for  more  details).  You  must  return  goods  you  purchased  with  the 
Account to the Medical Provider and not to us.  

29. 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. 

30.  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.    

31. 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.  

32.  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.  

33. 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. 

34.  Arbitration Provision: 
(a)    You  agree  that  either  you  or  we  can  choose  to  have  binding  arbitration 
resolve any claim, dispute or controversy between you and us that arises from 
or  relates  to  this  Agreement  or  the  Account  and  credit  issued  thereunder 
(individually and  collectively,  a  "Claim").    This does  not apply  to  any  Claim  in 
which  the  relief  sought  is  within  the  jurisdictional  limits  of,  and  is  filed  in,  a 
small claims court.  If arbitration is chosen by any party, the following will apply: 
(1)  NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM 
IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN 

PRE-ARBITRATION  DISCOVERY,  EXCEPT  AS  PROVIDED  FOR  IN  THE 
APPLICABLE ARBITRATION RULES.  
(2)  Arbitration  will  only  decide  our  or  your  Claim,  and  you  may  not 
consolidate  or  join  the  claims  of  other  persons  who  may  have  similar 
claims.    YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS 
A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT 
TO ARBITRATION.  
(3)  The  arbitration  will  be  performed  in  accordance  with  this  Arbitration 
Provision and the rules of the chosen arbitrator in effect when the Claim is 
filed.   
(4)  The arbitrator’s decision will generally be final and binding, except for 
the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also not be 
available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or the 
American  Arbitration  Association  ("AAA")  (or,  if  neither  of  these  arbitration 
organizations  will  serve,  then  a  comparable  substitute  arbitration  organization 
agreed upon by the parties or, if the parties cannot agree, chosen by a court of 
competent  jurisdiction).    If  JAMS  is  selected,  the  arbitration  will  be  handled 
according to its Streamlined Arbitration Rules unless the Claim is for $250,000 
or more, in which case its Comprehensive Arbitration Rules shall apply.  If the 
AAA  is  selected,  the  arbitration  will  be  handled  according  to  its  Commercial 
Arbitration  Rules.    You  may  obtain  rules  and  forms  for  JAMS  by  contacting 
JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the 
AAA at 1-800-778-7879 or www.adr.org.  Any arbitration hearing that you attend 
will take place in the federal judicial district where you reside.  At your request, 
we will advance your filing and hearing fees for any Claim you may file against 
us.  If  you  prevail  on  your  Claim,  we  will  pay  your  arbitration  costs  and  fees, 
other than attorney, expert and witness fees and expenses.  We will also pay any 
fees  or  expenses  that  applicable  law  requires  us  to  pay.    The  arbitrator  shall 
apply  applicable  substantive  law  consistent  with  the Federal Arbitration Act,  9 
U.S.C.  §§  1  through  16,  including  but  not  limited  to  applicable  statutes  of 
limitation, and shall honor claims of privilege recognized at law.  Judgment upon 
the  award  rendered  by  the  arbitrator  may  be  entered  in  any  court  having 
jurisdiction.  

(c) This Arbitration Provision shall survive repayment of your extension of credit 
and termination of your Account.  This Arbitration Provision shall be governed 
by  federal law, including the Federal Arbitration Act,  and by  Ohio  law, without 
regard to its internal conflict of law principles, to the extent such state law does 
not conflict with  federal  law  or  this  Arbitration Provision.  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. 

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. 

 

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. 

2. 

You must have used your Account for the purchase.  

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. 

3. 

You must not yet have fully paid for the purchase. 

Your Rights If You Are Dissatisfied With Your Purchases:  
If  you  are  dissatisfied  with  the  goods  or  services  that  you  have  purchased  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: 

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. 

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.) 

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