(Personal Accounts) 

  CREDIT CARD AGREEMENT  

By  requesting  or  accepting  any  Platinum  Mastercard  or 
Cash  Back  World  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 and as applicable, the Bank of the West Cash 
Back Rewards Program Rules. 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 or Program Rules, 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 
and Program Rules.  

1.  Use.  Your  Platinum  Mastercard  or  Cash  Back  World 
Mastercard (individually or collectively called “Card”) may be 
used as a credit card for purchases of goods or services from 
participating  merchants  (“Purchases”)  or 
to  get  Cash 
Advances from us or any other financial institution displaying 
the “MasterCard” 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  internet  or  online  gambling 
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  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  to 
increase  your  Credit  Limit  at  any  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 

BW-CCAG (Rev. 10/2020) 

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 
(APR) 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 and reach the BankCard 
Center during our regular business day by 5:00 p.m. Pacific 
Time for the payment to be credited the same business day.  
Payments made in person at one of our branches, or made 
by  telephone,  or  made  through  our  website  or  another 
website  controlled  by  a  third  party  on  our  behalf  must  be 
received by 5:00 p.m. Pacific Time to be credited the same 
business day. Payments received after the cutoff time of 5:00 
p.m. Pacific Time are credited  as of the following  business 
day.  If you fail to properly make payments, crediting of such 
payments may be delayed and  you may incur late charges 
and additional  interest as  a result  of the delay. Even  when 
your payment is credited to your Account, we may delay the 
availability of part or all of your payment amount as credit for 
up to 15 days. 

If  a  payment  is  returned  to  us  for  any  reason,  we  may 
apply a Returned Payment Fee of $27 for the first violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 

 
   
 
 
 
 
 
 
 
 
 
violation  within  the  next  six  billing  cycles.    If  the  Returned 
Payment Fee is greater than the Minimum Payment Due, the 
fee will be equal to the Minimum Payment Due.  

  From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
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. 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 up to 
$27 for the first violation and up to $38 for each subsequent 
violation within the next six billing cycles.  The Late Payment 
Fee for Iowa residents is up to $27 for the first violation and 
up to  $30 for each subsequent violation  within the  next six 
billing cycles.  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 $27 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 Purchases, 
Balance Transfers, Cash Advances, 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).  

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.  Introductory  ANNUAL  PERCENTAGE 
RATES for Purchases, Balance Transfers or Cash Advances 
may vary, if applicable. Please refer to your Account Opening 
Disclosures  for  specific  introductory  period  and  ANNUAL 
PERCENTAGE RATES associated with your Account.  After 
the 
Introductory  Period  ends,  your  regular  ANNUAL 
PERCENTAGE  RATES  for  Purchases,  Balances  Transfers 
or Cash Advances will apply. 

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 

BW-CCAG (Rev. 10/2020) 

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 Prime Rate published in the “Money Rates” table of The 
Wall  Street  Journal  on  the  business  day  immediately 
preceding the day your billing cycle ends. If the Index is no 
longer available, we will choose a new index which is based 
upon comparable information and will give you notice of our 
choice. The ANNUAL PERCENTAGE RATE may increase or 
decrease each month if the Index changes. Any new rate will 
be applied as of the first day of your billing cycle during which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE increases, you will pay a higher INTEREST CHARGE, 
which may result in a higher minimum payment. 

The  interest  rate  for  Purchases  and  Balance  Transfers 
on your Platinum Credit Card account is based on a variable 
rate equal  to the sum of the 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 World Credit Card account is based on a variable rate 
equal to the sum of the 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 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 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. Cash Advance fee: 4.00% of each 
Cash Advance, $10 minimum. Balance Transfer fee 4.00% 
of each balance transferred, $10 minimum. 

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  by 
Mastercard  International  in  accordance  with  their  operating 
regulations or conversion procedures in effect at the time 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, 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.  Interest  Charges  for  Covered  Members  of  the 
Armed  Forces  and  Their  Dependents:  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%. This 
rate must include, as applicable to the credit transaction or 
insurance 
the  costs  associated  with  credit 
account: 
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). 

If  you  are  a  covered  member  of  the  armed  forces  or  a 
dependent, you will not be charged annual fees, transaction 
fees, or penalty fees so that  your cost may  not exceed the 
Military  Lending  Act  ANNUAL  PERCENTAGE  RATE  cap. 
Armed  Forces  members  and  their  dependents  can  hear 
about the protections provided to them by calling 1-866-761-
2689 (TTY users call 1-800-659-5495). 

14.  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.  

15.  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 

BW-CCAG (Rev. 10/2020) 

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. 

16.  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 of 
your Card as a credit card which occurs after you notify us at 
the  telephone  number  or  address  stated  in  paragraph  17, 
orally  or  in  writing,  of  loss,  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. 

17.  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  call  1-800-659-5495)  or  write  to: 
Bank of the West, BankCard Security Department, PO Box 
2078, Omaha, NE 68103-2078. 

18.   Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

19.  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 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. 

20.  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. 

21.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

22.  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, 
without giving up our rights against the other. You 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. 

23.  Compliance  with  Laws/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those relating to anti-bribery, anti-money laundering, the fight 
against terrorism, and sanctions (“Sanctions”), that apply to 
the Bank or BNP Paribas S.A. You represent that you are not 
the target of Sanctions. You agree to hold the Bank harmless 
from liability for any actions taken by the Bank to comply with 
applicable laws and regulations, including Sanctions. 

24.  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. 

25.  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.  

26.  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 
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. 

27.  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. 

28.  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. 

29.  Severability.    All  other  provisions  of  this  Agreement 
shall remain in full force even if one or more provisions of this 
Agreement are held invalid, illegal, void or unenforceable by 
any rule or law, administrative order or judicial decision. 

30.  Authorized  User.  If  you elect to have an authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any authorized user is not a contractually 
liable party. 
31.  Our Communications with You.  You agree that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  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 limited 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.   
32.  RESOLUTION  OF  DISPUTES  BY  ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
CLASS  OR  OTHER 
ANY 
PARTICIPATE 
REPRESENTATIVE ACTION. 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved through the binding arbitration process set forth in 
this arbitration provision upon demand by either you or us.  

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise provided, any dispute relating to or arising out of 
your Account or this Agreement, including any aspect of any 

BW-CCAG (Rev. 10/2020) 

include 

relief)  sought.  Disputes 

agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly provided, all disputes are subject to arbitration no 
matter the legal theory or remedy (damages, or injunctive or 
declaratory 
(1)  any 
unresolved  claims concerning  any  services  relating  to  your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers, Cash Advances, INTEREST CHARGES, your use 
of any of our banking locations or facilities, or any means you 
use to access your Account; (2) any claims that arose before 
you and  we  entered into this  Agreement (such as disputes 
related  to  advertising)  and  after  the  termination  of  this 
Agreement; (3) not only claims made directly by you, but also 
made by anyone connected with you or claiming through you, 
such  as  an  authorized  user,  a  beneficiary,  employee, 
representative,  agent,  predecessor  or  successor,  heir, 
assignee,  or  trustee  in  bankruptcy;  (4)  not  only  claims  that 
relate  directly 
to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and  claims 
for which  we may be  directly  or indirectly liable, even if we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, cross-claims, third party claims, interpleaders 
or  otherwise;  (6)  claims  made  as  part  of  a  class  action  or 
other representative action, being expressly understood and 
agreed  that  arbitration  of  such  claims  must  proceed  on  an 
individual  (non-class,  non-representative)  basis;  and  (7) 
claims  relating  to  the  enforceability  or  interpretation  of  this 
arbitration  provision.  A  party  who  initiates  a  proceeding  in 
court  may  elect  arbitration  with  respect  to  any  dispute 
advanced  in  that  proceeding  by  any  other  party.  This 
arbitration  provision  shall  survive  any  termination  of  this 
Agreement or your Account.  

c.  Disputes  Not  Covered  By  Arbitration.  Disputes 
filed by you or by us individually in a small claims court are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief.  

d.  Opt Out. You have the right to opt out of arbitration 
by  sending  a  signed  written  notice  stating  your  decision  to 
opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778-
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, including JAMS’ Consumer Minimum Standards 
(but  not  JAMS’  Class  Action  Procedures),  available  at 
www.jamsadr.com or 1-800-352-5267.  

f.  Arbitration  Procedure.  Arbitration  shall  be  decided 
by  a  single  neutral  arbitrator  selected  in  accordance  with 
AAA’s  or  JAMS’  rules,  as  applicable.  The  arbitrator  will 
decide  the  dispute  in  accordance  with  the  terms  of  our 
agreements  and  applicable  substantive  law,  including  the 
Federal Arbitration Act and applicable statutes of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages or other relief (including injunctive relief) available 
to the individual claimant under applicable law. The arbitrator 
will not have the authority to award relief to, or against, any 
person or entity who is not a party to the arbitration. An award 
in  arbitration  shall  determine  the  rights  and  obligations 
between the named parties only, and only with respect to the 
dispute in arbitration and shall not have any bearing on the 
rights  and  obligations  of  any  other  persons,  or  on  the 
resolution  of  any  other  dispute.  The  arbitrator  will  take 
reasonable  steps  to  protect  your  Account  information  and 
other proprietary  or confidential  information. Any  arbitration 
hearing shall take place in the same city as the U.S. District 
Court closest to your home address, unless the parties agree 
in writing to a different location or the arbitrator so orders. If 

 
 
the  arbitrator, 

you seek a total recovery of $10,000 or less, you may choose 
whether the arbitration will be conducted solely on the basis 
of  documents  submitted 
through  a 
to 
telephonic hearing, or by an in-person hearing in accordance 
with  AAA’s  or  JAMS’  rules.  At  your  or  our  request,  the 
arbitrator will issue a reasoned written decision sufficient to 
explain the essential findings and conclusions on which the 
award  is  based.  The  arbitrator’s  award  shall  be  final  and 
binding, subject to judicial review only to the extent allowed 
under  the  Federal  Arbitration  Act.  You  or  we  may  seek  to 
have  the  award  vacated  or  confirmed  and  entered  as  a 
judgment in any court with jurisdiction.  

g.  No Class Action or Joinder of Parties. You and we 
agree that no class action, private attorney general or other 
representative claims may be pursued in arbitration and no 
such action may be pursued in court if either you or we elect 
arbitration. Unless mutually agreed to by you and us, claims 
of two or more persons may not be joined, consolidated, or 
otherwise  brought  together  in  the  same  arbitration  (unless 
those persons are joint account holders or beneficiaries on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek a public injunction in arbitration or in court, if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth in any part of this arbitration provision) is found to be 
invalid or unenforceable, and that decision is not reversed 
on appeal, any claim for a public injunction will be decided 
in court after all other disputes to be decided in arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered in court. In no event will a claim for public injunctive 
relief be arbitrated. As set forth in “Severability” below, the 
invalidity or unenforceability of this paragraph will not affect 
the  validity  or  enforceability  of  the  remainder  of  this 
arbitration provision.   

the 

i.  Arbitration  Costs.  We  will  pay 

filing, 
administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration Fees”) that we are required to pay pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect to Arbitration Fees that you are required to pay under 
the arbitration forum’s rules in connection with an individual 
arbitration you have commenced against us, if you would like 
us to consider paying them because you are unable to do so, 
you must first request a waiver or reduction of the Arbitration 
Fees  from  the  arbitration  forum.  If  the  request  is  denied  or 
you remain unable to pay the reduced Arbitration Fees, we 
will consider paying them if we receive a written request by 
you  sent  to  Bank  of  the  West  Legal  Department,  180 
Montgomery Street, San Francisco, California 94104. 

j.  Applicable  Law.  You  and  we  are  participating  in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  provision  and  any  resulting  arbitration  are 
governed by the Federal Arbitration Act. To the extent state 
law  applies,  the  laws  of  the  state  governing  your  Account 
relationship  apply.  No  state  statute  pertaining  to  arbitration 
shall apply.  

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
regarding 
joinder,  consolidation,  class  actions,  class 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

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 Credit Card 

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 
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 

BW-CCAG (Rev. 10/2020) 

 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
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. 

BW-CCAG (Rev. 10/2020)