Interest 

Rates and Interest 

Charges 

Annual Percentage 
(APR) for Purchases 

Rate 16.9% 

APR for Cash Advances 16.9% 

Paying Interest 

Minimum Interest 
Charge 

You have until the closing 
paying interest 
begin charging 
If you are charged 

on Purchases. 
interest 

interest, 

on cash advances 

date. 
the charge will be no less than $1.00. 

on the transaction 

date of the billing 

cycle to pay your entire 
This is at least 27 days from the start of each billing 

balance 

cycle. 

We will 

each month to avoid 

For Credit Card Tips 
from the Consumer 
Financial 
Bureau 

Protection 

To learn more about factors 
website of the Consumer Financial 
http://www.consumerfinance.gov/learn 

when applying 

Protection 

to consider 

Bureau at 

more 

for or using a credit card, visit the 

Set-up and 
Maintenance 
Fees 

NOTICE: Some of these set-up 
Card and will reduce the amount of credit 
your initial 
of $2,000.00, 

available 

credit 

you initially 

have available. 
will be only about $2,000.00. 

and maintenance 

fees will be assessed 

before 

Based on your initial 

you begin using your 
credit 

limit 

You may still 
receiving 
charges. 

reject 
a billing 

this plan, provided 

you have not used the Credit 

Account 

Statement. 

If you do reject 

the plan, you are not responsible 

or paid a fee after 
for any fees or 

•Annual Fee

None 

Transaction 

Fees 

•Cash Advance

$2.00 or 3% of the amount of each cash advance, 

whichever 

is greater 

(maximum 

fee: 

Either 
$10.00). 

•Foreign 

Currency

3% of each transaction 

in U.S. dollars. 

Penalty Fees 

•Late Payment

Up to $15.00 

•Return 

Item Charge

Up to $15.00 

How We Will Calculate 
See your Account 

Opening 

Disclosures 

for more details. 

Your Balance: We use a method called 'average daily balance 

(including 

current 

transactions).' 

Billing 
rights 

Rights: Information 

on your rights 

to dispute 

transactions 

and how to exercise 

those 

is provided 

in your Credit 

Card Contract 

and on the back of your Statement. 

FEES AND INTEREST 
to the following 

CHARGES: 
fees and INTEREST 

CHARGES, each of which will be billed 

to your Credit 

Account 

as 

in full on or before 
These transactions 
INTEREST CHARGES: The INTEREST CHARGE is determined 

balance 

are subject 

when you obtain 
until 

it is paid in full. 
of at least 27 days from the start 

and when a Purchase 
if you pay your previous 

a Cash Advance 
However 
of each billing cycle 
the Closing 

and your current 
Cycle. 

Date of the Billing 

is posted 

to your Credit 
in full on or before 

balance 

Account. 

date of 
the closing 

Purchases 
for 
There is no grace period 

will not be subject 

to periodic 

to INTEREST CHARGES from the date of the transaction. 

"Periodic 
"Periodic 

Rate". 
The monthly 
Rate" for Purchases 
16.9% on Cash Advances. 

Rate for Purchases 
is 1.4083% and for Cash Advances 
This ANNUAL PERCENTAGE RATE will be applied 

is determined 
This is equivalent 
to fees assessed 

is 1.4083%. 

by multiplying 
Periodic 

Daily Balance" 
and for Cash Advances 

and for Cash Advances 
by dividing 

for Purchases 

the "Average 

to your 

to an 

the 

by taking 

the beginning 

and subtracting 

balance 
any payments 

of your Credit 
or credits 

Account 

on each day, calculated 

separately 
The daily balances 

are then 

for Purchases 

to get each day's daily balance. 

Cycle to get the Average 

Daily Balance. 

INTEREST CHARGE is $1.00 for each Billing 

Cycle during 

which an INTEREST CHARGE based on 

a periodic 

rate is 

INTEREST CHARGE on Cash Advances, 

there is an additional 

fee of 3% (minimum 

$2.00/maximum 

$10.00) 

for each Cash 

Fee Definitions 

(Account 

Opening Disclosures) 

cycle, 

Billing 

Account 

Account 

is subject 

the monthly 

Statement 

pay the current 

as Cash Advances. 

CHARGES: Your Credit 

from the time a Purchase 
on Purchases 

INTEREST CHARGES: INTEREST CHARGES are imposed 
is posted 

FEES AND INTEREST 
a Purchase. 
Periodic 
INTEREST CHARGES are imposed 
each billing 
you will have a grace period 
INTEREST CHARGES to the extent you 
that post to your Credit 
transactions 
Periodic 
Computing 
outstanding 
Cycle by the monthly 
during 
ANNUAL PERCENTAGE RATE (APR) by 12. The Monthly 
ANNUAL PERCENTAGE RATE of 16.9% for Purchases and 
Credit Account as well as Purchases 
The Average 
Average Daily Balance: 
and Cash Advances, 
added together 
Minimum INTEREST CHARGE: The minimum 
imposed. 
Cash Advance Fee: In addition 
Advance 
Foreign 
Late Payment Fee: We will charge a Late Payment 
Statement 
cutoff 
service, 
by phone, 
Due Date, we will charge 
of $15.00 
Return Item Charge: 
for insufficient 

Time (the payment 
or by any other method. 
a Late Payment 

We impose a Return 
funds or any other reason. 

and Cash Advances. 
Daily Balance 

by 5 pm Central 
online, 

is computed 
Cash Advances 

The first 
Fee of $15.00. 

adding 
and divided 

by the number of days in the Billing 

obtained 
Currency 

Fee: 3% of the Transaction 

each time. The Late Payment 

new Purchases 

to the periodic 

may be imposed 

Transaction 

The charge 

that month. 

and/or 

Amount in U.S. dollars. 

Fee if we do not receive 
time) on your Payment 

a payment at 
Due Date. This payment 
at least the Minimum 

least equal to the Minimum 
cutoff 
Payment 

time applies 

to payments 
plus Past Due Amount by the cutoff 

plus the Past Due Amount shown on your 
you make by mail, by bill payment 

time on your Payment 

Payment 

time you do not pay 

If you do not pay at least this amount on time again in the next six billing 

Fee 
we will charge a Late Payment 

Fee will never be more than the Minimum 

Payment 

plus Past Due Amount due in that Billing 

Item Charge up to $15.00 when a payment 

on your Credit 

Account 

is returned 

by the financial 

institution 

on which it was drawn 

even if we elect to re-present 
OTHER CHARGES AND IMPORTANT INFORMATION: 

the item and it is paid upon our re-presentment. 

cycles, 
Cycle. 

we will charge you $3.00 for each copy we provide. 

of any sales draft, 
a duplicate 
and loss of income insurance 

Statement, 
is not required. 

or other document, 

Disability 
Fee: We impose a $35.00 fee for the express 

Delivery 

Fee: If you request 

Copying 
Credit Insurance: 
Express 
Wire Transfer 
Total Minimum Amount Due: Means the total 
Balance 
equal to the sum of (i) the Minimum 
Amount, 

(which 
the Amount Over Limit Due (which 

Fee: $5.00 per Transaction. 

is less than $30.00, 

your Total Minimum 

plus (iii) 

Payment 

minimum 

amount due you must pay each Billing 

Cycle. 

We calculate 

the Total Minimum 

Amount Due as follows: 

If your New 

Amount Due is equal to the New Balance. 

If your New Balance 

is $30.00 or 

is 4% of your New Balance 
is the amount of the New Balance 

rounded 

up to the next dollar 
credit 
that exceeds your 
information 

or $30.00, 
limit). 
this 
regarding 

for further 

See the Credit Card Contract 
Credit Account. 

Retain these important 

documents. 

more, your Total Minimum 
is greater), 

whichever 

plus (ii) the Past Due 

Amount Due is 

delivery 

of your Card. This service 

is only available 

for lost, 

stolen, 

Cards. 
or replacement 

YOUR BILLING RIGHTS 
KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the 
Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement: If you think there is an 
error on your statement, write to us at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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 three 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 let those organizations know when the matter has been settled between 
us.
If we do not follow all of the rules above, you do not have to pay the first $50.00 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 $50.00.  (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 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 (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com
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. 
Your Liability for Unauthorized Use of Your Credit Account: You will not be 
liable for unauthorized use of your Card or Credit Account. However, to protect 
your rights, you are required to notify us orally or in writing as soon as you are 
aware  that  your  Card  or  Credit Account  has  been  lost,  stolen  or  used  without 
your consent. Certain exceptions apply. To notify us of the loss, theft or possible 
unauthorized use of your Card, call us at 1-800-987-5521, 24 hours a day. 

STATE DISCLOSURES
California  Residents:  A  married  applicant  may  apply  for  a  separate  Credit 
Account.  As  required  by  law,  you  are  hereby  notified  that  a  negative  credit 
reporting  reflecting  on  your  credit  record  may  be  submitted  to  a  Consumer 
Reporting Agency if you fail to fulfill the terms of your credit obligations. After credit 
approval, each applicant shall have the right to use the Credit Account up to the 
limit of the Credit Account. Each applicant may be liable for amounts extended 
under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by law will 
be charged on the outstanding balances from month to month.
Kentucky Residents: You may pay the unpaid balance of your Credit Account in 
whole or in part at any time.
Maryland Residents: Finance charges will be imposed in amounts or at rates not 
in excess of those permitted by law.
Maine Residents: Credit insurance provided herein is voluntary and you have the 
right to cancel such credit insurance at any time.
Vermont Residents: First PREMIER Bank may obtain a consumer report for any 
legitimate  purpose  in  connection  with  your  Credit Account  or  your  application, 
including  but  not  limited  to  reviewing,  modifying,  renewing  and  collecting  on 
your  Credit Account.  Upon  your  request,  we  (First  PREMIER  Bank)  will  inform 
you of the names and addresses of any Consumer Reporting Agencies that have 
furnished the reports.  
Ohio Residents: The Ohio laws against discrimination require that all creditors 
make credit equally available to all credit worthy customers, and that Consumer 
Reporting Agencies  maintain  separate  credit  histories  on  each  individual  upon 
request. The Ohio Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents: No provision of any marital property agreement, 
unilateral  statement,  or  court  order  applying  to  marital  property  will  adversely 
affect a creditor’s interests unless prior to the time credit is granted, the creditor 
is furnished with a copy of the agreement, statement, or court order, or has actual 
knowledge of that provision.
Washington Residents: A service charge will be computed on the outstanding 
balance for each month. You may at any time pay your total unpaid balance.

ARBITRATION AND LITIGATION
This  Arbitration  Provision  (“Provision”  or  “Arbitration  Provision”)  facilitates  the 
prompt and efficient resolution of any disputes that may arise between you and 
us.  Arbitration  is  a  form  of  private  dispute-resolution  in  which  persons  with  a 
dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and 
instead submit their disputes to a neutral third person (an arbitrator) for a binding 
decision. You have the right to opt out of this Arbitration Provision if you follow the 
instructions set out in the paragraph titled “Right to Opt Out” below. 
PLEASE  READ  THIS  PROVISION  CAREFULLY. 
IT  PROVIDES  THAT 
ALL  DISPUTES  ARISING  OUT  OF  OR  RELATED  TO  THIS  CREDIT 
CARD  CONTRACT  SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION. 
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE 
OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE 
HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE 

A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN 
A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, 
CLASS ACTIONS).  EXCEPT AS  OTHERWISE  PROVIDED,  ENTERING  INTO 
THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE 
CLAIMS IN COURT BEFORE A JUDGE OR JURY.
RIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a 
written notice to us so that it is postmarked no later than 45 days after we mail 
your first Card to you. Your first Card is the one we mail to you at approximately the 
time your first Account application is approved. Your right to opt out will not apply 
when we send you a copy of your Credit Card Contract or this Provision, or when 
we send you an updated version of your Credit Card Contract or this Provision, or 
when we send any replacement Card. If you opt out of this Arbitration Provision, 
you will retain your right to litigate your dispute in a court, either before a judge or 
jury. The opt out notice must include your name, address, and Account number, 
must be signed by you (or all of you if there is more than one Account holder) 
and must be mailed to us at: PO Box 5524, Sioux Falls, SD 57117-5524.  If your 
written notice is not postmarked within 45 days from the date we mail your first 
Card to you, your right to opt out will terminate, and you agree that the terms of this 
Provision will apply. Your decision to opt out of this Provision will not affect your 
other rights or responsibilities under this Credit Card Contract.  
If we later amend this Provision, we will let you know if you can opt out of that 
amendment and, if so, how you can do so.     
Parties  and  Matters  Subject  to  Arbitration:  For  purposes  of  this  Provision, 
“we” and “us” include our employees, parent companies, subsidiaries, affiliates, 
beneficiaries,  agents  and  assigns  and  other  persons  and  entities  you  assert  a 
Claim against in connection with a Claim you assert against us. For purposes of 
this Provision, “Claim” means any claim, dispute or controversy by either you or 
us, arising out of or relating in any way to this Credit Card Contract, your Credit 
Account, any transaction on your Credit Account and our relationship. “Claim” also 
refers to any interaction or communication between you and us that occurred prior 
to or concurrent with entering into this Credit Card Contract, including those now in 
existence, regardless of present knowledge. “Claim” shall refer to claims of every 
kind and nature, including, but not limited to, initial claims, counterclaims, cross-
claims  and  third-party  claims.  All  Claims  are  subject  to  arbitration,  regardless 
of  legal  theory  and  remedy  sought,  including,  but  not  limited  to,  claims  based 
in  contract,  tort  (including  negligence,  intentional  tort,  fraud  and  fraud  in  the 
inducement), agency, statutory law (federal and state), administrative regulations 
or  any  other  source  of  law  (including  equity).  Notwithstanding  the  foregoing, 
the word “Claim” does not include any dispute or controversy about the validity, 
enforceability, coverage or scope of this Arbitration Provision or any part thereof; 
all such disputes or controversies are for a court and not an arbitrator to decide. 
However, any dispute or controversy that concerns the validity or enforceability 
of the Credit Card Contract as a whole is for the arbitrator, not a court, to decide.
Agreement  to  Arbitrate:  Any  Claim  shall  be  resolved  and  settled  exclusively 
and  finally  by  binding  arbitration,  in  accordance  with  this  Provision.  Binding 
arbitration shall not be required, however, for collection actions we bring in court 
if  you  default  on  your  Credit Account  as  set  forth  in  the  Credit  Card  Contract. 
Furthermore, both you and we retain the right to pursue in a small claims court 
(or your state’s equivalent court) any Claim that is within that court’s jurisdiction, 
so long as the matter remains in such court and advances only on an individual 
(non-class, non-representative) basis. For any Claims covered by this Provision, a 
party who asserted a Claim in a lawsuit in court may elect arbitration with respect 
to any Claim subsequently asserted in that or any related or unrelated lawsuit by 
any other party.
Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the 
right: (a) to participate in a class action, private attorney general action or other 
representative action in court or in arbitration, either as a class representative or 
class member; or (b) to join or consolidate Claims with Claims of any other persons. 
An award in arbitration shall determine the rights and obligations of the named 
parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) 
determine the rights, obligations, or interests of anyone other than a named party, 
or resolve any Claim of anyone other than a named party; nor (ii) make an award 
for the benefit of, or against, anyone other than a named party.  No arbitration 
administrator or arbitrator shall have the power or authority to waive, modify, or fail 

to enforce this section, and any attempt to do so, whether by rule, policy, arbitration 
decision or otherwise, shall be invalid and unenforceable.  Any challenge to the 
validity of this Class Action Waiver shall be determined exclusively by a court and 
not by the administrator or any arbitrator. Thus, you agree that   UNDER THIS 
ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY 
CLAIMS TO BE LITIGATED IN COURT OR ARBITRATED ON A CLASS BASIS. 
Arbitration will only be conducted on an individual Claim basis and there is no 
right or authority to consolidate or join any of your Claims with any other Claims. 
YOU  AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY  WAIVING 
ANY  RIGHT  TO  PARTICIPATE  AS  A  REPRESENTATIVE  OR  MEMBER  OF 
ANY  CLASS  OF  CLAIMANTS  PERTAINING  TO  ANY  CLAIM  SUBJECT  TO 
ARBITRATION UNDER THIS PROVISION.
Voluntary  Waiver  of  the  Right  to  a  Jury  Trial:  As  a  result  of  this  Provision, 
neither you nor we have the right to litigate any Claim in court or the right to a 
jury trial on any Claim, except as provided above. YOU AGREE THAT YOU ARE 
VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO 
GO TO COURT OR TO HAVE A JURY TRIAL.
Governing Law: This agreement to arbitrate is made pursuant to a transaction 
involving interstate commerce and shall be governed by the Federal Arbitration 
Act,  9  U.S.C.  §§  1-16,  as  it  may  be  amended.  If  for  any  reason  the  Federal 
Arbitration Act does not apply, the substantive law of the State of South Dakota 
shall govern this Provision.
Arbitration Location and Procedure:  Any arbitration hearing at which you wish 
to appear will take place at a location within the federal judicial district that includes 
your billing address at the time the Claim is filed. The party bringing the Claim 
may file its Claim at the American Arbitration Association (“AAA”), or an arbitration 
organization mutually agreed upon by the parties. The arbitration organization that 
is selected will administer the arbitration pursuant to its procedures in effect at 
the time of filing, subject to this Provision. If you do not agree to file your claim 
with AAA, and the parties cannot agree on an alternative arbitration organization, 
an arbitrator will be appointed by a court pursuant to the Federal Arbitration Act. 
In the event of a conflict or inconsistency between the respective organization’s 
rules and this Provision or the Credit Card Contract, this Provision shall govern. 
The  arbitration  will  be  conducted  before  a  single  arbitrator,  whose  authority  is 
limited  solely  to  individual  Claims  between  you  and  us. The  arbitration  will  not 
be consolidated with any other arbitration proceeding. Any decision rendered in 
such  arbitration  proceeding  will  be  final  and  binding  on  the  parties,  except  for 
any  appeal  rights  under  the  FAA,  and  judgment  may  be  entered  in  a  court  of 
competent jurisdiction. The rules and forms of AAA may be obtained as follows: 
American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 
website at www.adr.org.
Arbitrator’s Authority: The arbitrator shall apply the applicable substantive law, 
consistent with the Federal Arbitration Act; shall apply statutes of limitation; and 
shall  honor  claims  of  privilege  recognized  at  law.  In  conducting  the  arbitration 
proceeding, the arbitrator shall not apply any federal or state rules of civil procedure 
or  evidence.  THE  RULES  AND  PROCEDURES  OF  THE  AAA  OR  OTHER 
ARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN 
PRE-ARBITRATION DISCOVERY. Either party may, however, request to expand 
the  scope  of  discovery.  If  a  request  is  made,  within  15  days  of  the  requesting 
party’s  notice,  the  objecting  party  may  submit  objections  to  the  arbitrator  with 
a copy of the objections provided to the party requesting expansion. The grant 
or denial of a party’s request will be in the sole discretion of the arbitrator, who 
shall notify the parties of the final decision within 20 days of the objecting party’s 
submission.
The Arbitrator’s Award: The arbitrator may award any damages or other relief 
or remedies that would apply under applicable law to an individual action brought 
in court, including, without limitation, punitive damages (which shall be governed 
by the Constitutional standards employed by the courts), attorneys’ fees and costs 
and injunctive, equitable and declaratory relief (but only in favor of the individual 
party seeking relief and only to the extent necessary to provide relief warranted 
by that party’s individual claim).  At the timely request of either party, the arbitrator 
shall write a brief explanation of the grounds for the decision. Judgment upon the 
award rendered by the arbitrator may be entered in any court having jurisdiction 
thereof.  No arbitration award between you and us will have any impact on any 

dispute involving anyone who is not a party to the arbitration, nor will an arbitration 
award  between  us  and  any  other  person  have  any  impact  to  an  arbitration 
between you and us.  
Expenses:  Regardless  of  who  demands  arbitration,  we  will  pay  all  expenses 
of  arbitration,  including  the  filing,  administrative,  hearing  and  arbitrator’s  fees 
(“Arbitration Fees”), to the extent that the Arbitration Fees exceed the amounts 
you would be required to pay for filing a lawsuit in state or federal court, whichever 
is less.  If you have already paid a court filing fee, you will not be required to pay 
it again. Throughout the arbitration, each party shall bear his or her own attorney 
fees and expenses, such as witness and expert witness fees. If you prevail in the 
arbitration of any Claim against us, we will reimburse you for any fees you paid 
to the arbitration organization in connection with the arbitration. The arbitrator will 
have the authority to award fees and costs of attorneys, witnesses and experts 
to the extent permitted by this Credit Card Contract, the administrator’s rules or 
applicable law. With respect to Claim(s) asserted by you in an individual arbitration, 
we will pay your reasonable attorney, witness and expert fees and costs if and to 
the extent you prevail, if applicable law requires us to or if we must bear such fees 
and costs in order for this Arbitration Provision to be enforced.
Binding  Effect  and  Survival:  You  and  we  agree  that,  except  as  specifically 
provided for above, the arbitrator’s decision will be final and binding on all parties 
subject to this Provision. This Provision is binding upon you, us, and the heirs, 
successors, assigns and related third parties of you and us. This Provision shall 
survive termination of your account, whether it be through voluntary payment of 
the debt in full by you, a legal proceeding initiated by us to collect a debt that you 
owe, a bankruptcy by you or a sale of your Credit Account by us.
Severability: If any part of this Provision is deemed or found to be unenforceable 
for any reason, the remainder shall be enforceable, except as follows:

A. 

The  parties  to  this  Provision  acknowledge  that  the  provision  titled 
“Class Action Waiver” is      material and essential to the arbitration of any disputes 
between the parties and is non-severable from this Provision. If the Class Action 
Waiver is limited, voided or found unenforceable, then this Provision (except for 
this sentence) shall be null and void with respect to such proceeding, subject to 
the right to appeal the limitation or invalidation of the Class Action Waiver. The 
parties acknowledge and agree that under no circumstances will a class action be 
arbitrated.
B. 

If  a  Claim  is  brought  seeking  public  injunctive  relief  and  a  court 
determines that the restrictions in the Class Action Waiver and/or elsewhere in this 
Provision prohibiting the arbitrator from awarding relief on behalf of third parties 
are unenforceable with respect to such Claim (and that determination becomes 
final after all appeals have been exhausted), the Claim for public injunctive relief 
will be determined in court and any individual Claims seeking monetary relief will 
be arbitrated.  In such a case the parties will request that the court stay the Claim 
for public injunctive relief until the arbitration award pertaining to individual relief 
has been entered in court.  In no event will a Claim for public injunctive relief be 
arbitrated.

M-131925 

UNS 

08/20

First PREMIER Bank 
CREDIT CARD CONTRACT AND  
ACCOUNT OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Account with us, 
including important provisions relating to arbitration and litigation. For additional 
important information on fees and INTEREST CHARGES and other contract 
provisions  that  apply  to  your  Credit Account,  please  review  the Account 
Opening Disclosures printed on the card carrier containing your Card. Be 
sure to retain all Contract documents for future reference.

YOUR CONTRACT WITH US
Your Mastercard® or Visa® brand Credit Account is governed by the terms and 
conditions in this Contract and the Account Opening Disclosures printed on the 
card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the terms 
of your Credit Account will be governed by the laws of the State of South Dakota 
and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, this Contract 
is effective upon the earlier of (1) the first Purchase made or Cash Advance taken 
on your Credit Account, and (2) the expiration of 30 days from the date we issue 
the Card to you if you do not provide us written notice of your desire to cancel 
within this 30 days. If you are a resident of the State of New York, this Contract is 
not effective until the earlier of (1) the first Purchase made or Cash Advance taken 
on your Credit Account, and (2) the date you move from the State of New York, 
unless the date you move from the State of New York is less than 30 days from 
the date we issue a Card to you, in which case this Contract will be effective on 
the date that is 30 days from the date we issue a Card to you (and not the date 
you move from the State of New York) if you do not provide us written notice of 
your desire to cancel within this 30 days. In all cases, if any fees are required to 
be paid prior to opening your Credit Account, this Contract will not be effective and 
your Credit Account will not be opened until such fees are paid in full. You are not 
obligated to pay any fees or INTEREST CHARGES (other than any fees required 
to be paid prior to opening your Credit Account) until this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank (the 
“Bank”).
“Authorized  User”  means  any  person  authorized  by  you  to  use  the  Card  or 
Credit Account.
“Billing Cycle” begins on the day after the Statement Closing Date of the previous 
Statement and includes the Statement Closing Date of the current Statement.
“Card” means all the plastic credit cards we issue to you or any other person who 
is authorized to use the Credit Account. In the event we issue other devices by 
which you can access your Credit Account, those devices will also be “Cards” for 
purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and the 
relationship that is established between you and us by this Contract. This Credit 
Account is used to record transaction activity made by you when you access or 
otherwise utilize the line of credit we extend to you when you use your Card.
“New  Balance”  means  the  outstanding  balance  of  your  Credit Account  at  the 
end of any Billing Cycle. The New Balance is the sum of the Previous Balance 
(defined as the New Balance shown on your last Statement) less payments and 
credits, plus new Cash Advances and Purchases and our charges posted during 
the Billing Cycle.
“Payment Due Date” means the date we must receive your payment, which is not 
less than 27 days from the Closing Date.

“Proper Form” means a payment sent by mail or courier that:

•	 is by check, money order, or cashier’s check payable in US dollars (do not 

send cash)

•	 is payable to First PREMIER Bank (no third-party checks)
•	 includes your payment coupon, or includes your name and account number 

on the check

“Related Credit Account(s)” means any Credit Accounts established using the 
same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you at the 
end of each Billing Cycle.
“Total Minimum Amount Due” means the total minimum amount we request that 
you pay each month as indicated on your Statement. This amount includes the 
Minimum Payment, any Past Due Amount and any Amount Over Limit Due, which 
is  the  amount  by  which  the  New  Balance  exceeds  your  Credit  Limit.  (See  the 
Minimum Payment provisions on the Account Opening Disclosures printed on the 
card carrier containing your Card for more information on how the “Total Minimum 
Amount Due” is calculated.)
“You” and “your” mean each and every person who is authorized to use the 
Credit  Account,  including  Authorized  Users,  joint  account  holders  and  other 
persons you authorize to use the Card. 
Other important words used in this Contract begin with capital letters. They are 
defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If You Do Not Want the Card: If you do not want the Card and Credit Account, you 
must contact us by telephone or in writing asking us to close your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else to use. 
Other people who want a Credit Account should apply separately.
Your Responsibility for Authorized Users: If another person is given access to 
your Credit Account with your express or implied permission, notwithstanding the 
provision above, that person is an Authorized User, even if we did not issue an 
additional Card in the Authorized User’s name. At your request, and if we agree, 
we may issue an additional Card in the name of an Authorized User with your 
Credit Account number.
You will be responsible for all charges, Cash Advances, INTEREST CHARGES, 
Purchases and fees incurred by any Authorized User. We are not required to try 
to obtain payment from any Authorized User before requiring payment from you. 
If  you  wish  to  remove  an Authorized  User  from  your  Credit Account  you  must 
contact us either by telephone or in writing. You will still be responsible for payment 
of all Purchases, Cash Advances, INTEREST CHARGES and fees incurred or 
obtained by the Authorized User. We may close your existing Credit Account and 
issue you a new Card and account number. You and each Authorized User agree 
that we may report account information to Consumer Reporting Agencies in the 
names of both you and the Authorized User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately at 
1-800-987-5521 if your Card is lost or stolen or if you suspect that it has been 
used or may be used without your permission. If your Card is reported as lost or 
stolen or you are claiming unauthorized use of your Credit Account or Card, we 
may require you to file one or more reports with the appropriate law enforcement 
agencies  and  us  prior  to  our  removal  of  possible  unauthorized  charges  made 
against your Credit Account. You will not be liable for unauthorized use of your 
Card. Certain exceptions apply. 
Refusal to Accept Your Card: We are not responsible if any person or merchant 
does not accept your Card, or if an ATM or other device fails to properly operate. 
All transactions, even when you get a receipt, are subject to our final verification.
Cards Are Our Property: You agree to return each Card issued on your Credit 
Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your  Promise  To  Pay:  You  agree  to  pay  us  for  all  charges,  Cash Advances, 
INTEREST  CHARGES,  Purchases  and  fees  incurred  on  your  Credit  Account 
by  you,  or  by  any Authorized  User,  as  well  as  any  other  fees  imposed  by  us, 
as explained in this Contract. If more than one person requests or accepts the 

Credit Account, each and every person individually and jointly are responsible for 
payment until the account is paid in full.
Joint Account Holders: If this is a joint Credit Account, each person who signed 
the application: (1) may obtain Purchases and Cash Advances not to exceed the 
total credit limit; (2) will be responsible for paying all amounts owed; and (3) can 
close the Credit Account.
Accessing Your Credit Line: You can use the Card and your Credit Account to 
make  Purchases  and  obtain  Cash Advances.  Upon  your  request,  you  may  be 
assigned a Personal Identification Number (PIN). If a PIN is assigned to you, you 
can obtain a Cash Advance at any authorized ATM by using the Card and PIN.
Understanding Your Credit Limit: Your “Credit Limit” is the maximum amount of 
credit we have approved for your Credit Account. The amount of your Credit Limit 
is printed on the card carrier containing your Card and on your Statements. Your 
balance may not exceed your Credit Limit at any time. At our sole discretion, we 
may honor Purchases or Cash Advances in excess of your Credit Limit without 
raising  your  Credit  Limit.  If  we  do,  we  may  require  you  to  pay  us  any  amount 
over your Credit Limit immediately. Decisions on Credit Limit increases may be 
based on your performance under this Credit Account and other Related Credit 
Accounts you have with us and other credit criteria. If we have previously allowed 
your balance to exceed your Credit Limit, it does not mean that we will permit your 
balance to exceed your Credit Limit again. We reserve the right to approve or deny 
authorizations or transactions from any merchant at our sole discretion.
Obtaining  Cash  Advances:  You  may  take  Cash  Advances  on  your  Credit 
Account in any of the following ways: By presenting the Card to us or any other 
participating Mastercard® or Visa® financial institution to obtain cash, by using 
the Card at an authorized merchant, other non-bank entity, or an Automated Teller 
Machine (ATM) or other device to obtain cash or cash equivalent, or to make a 
transfer from your Credit Account to any other deposit or loan account. Even if you 
use your Credit Account to obtain cash from a non-bank entity, the transaction will 
be described as a Bank Cash Advance.
You may not take Cash Advances in excess of $500.00 per day. The minimum 
Cash Advance per transaction is $20.00. For Credit Accounts opened on or after 
June 1, 2003, your initial Cash Advance limit will be 10% of your assigned Credit 
Limit. Once your Credit Account has been open and active for a minimum of 90 
days,  has  two  consecutive  months  of  current  payment  history,  is  not  currently 
delinquent and no payments have been returned for the past 60 days, your Cash 
Advance availability may be increased to 50% of the assigned Credit Limit. For 
example, if your Credit Limit is $250.00, your beginning Cash Advance limit will be 
$25.00 and may increase to $125.00 once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND 
COMMUNICATIONS FROM US
Where We Send Statements: We will send Statements and any other notices 
to you at the address shown in our files. If this is a joint Credit Account, we can 
send  Statements  and  notices  to  either  of  you. You  agree  to  notify  us  promptly 
of any change in your address. We may accept address changes or corrections 
from the United States Postal Service. We may also mail Statements and other 
communications to you at any address we determine to be an address at which 
you can receive mail. If you elect to receive Statements and other communications 
electronically, we may send those Statements and communications as directed 
by you.
When You Receive Your Statements: We will send you a Statement at the end 
of each monthly Billing Cycle in which your Credit Account has a debit or credit 
balance of more than $1.00, if an INTEREST CHARGE has been imposed or if 
other account activity has occurred. Your Statements will arrive around the same 
time each month, however we reserve the right to change the date of your Billing 
Cycle at any time.
Understanding Your Statement: The Statements we send to you will reflect the 
activity and our INTEREST CHARGES and other charges, costs and fees on your 
Credit Account during the Billing Cycle. They will also show your Total Minimum 
Amount Due and Payment Due Date, which is the date by which we must receive 
payment.  The  information  contained  on  the  Statement  will  be  deemed  to  be 
correct unless you advise us in writing of any error within 60 days of the date 
on  which  we  send  your  Statement.  If  there  are  more  than  one  of  you  living  at 

different addresses, we will send the Statements only to the person named as the 
“Applicant” in your application.
Consent  to  calls  and  messages  using  autodialer,  prerecorded  message 
and artificial voice:  You agree and expressly consent that we and our agents, 
affiliates, contractors, subcontractors, and assignees may call or contact you at any 
cellular, mobile, home, work, or other telephone number, electronic mail address, 
or other digital or electronic communication terminal, link, point or address of any 
kind  whatsoever  that  (a)  you  provide  or  use  to  contact  us,  (b)  we  obtain  from 
a  third  party  such  as  an  employer,  friend,  family  member,  another  creditor,  or 
person with whom you have done business, or (c) we obtain through any legal 
means,  including  without  limitation,  a  caller  identification  system  that  captures 
your number.  You expressly consent to receiving calls, text messages and other 
communications from us, our agents, affiliates, contractors, subcontractors, and 
assignees on any number that is assigned to a cellular telephone service, wired 
telephone  service,  paging  service,  facsimile  machine,  specialized  mobile  radio 
service, radio common carrier service, internet protocol service, or other electronic, 
digital or analog service that is placed through or utilizes an automatic telephone 
dialing system, artificial voice or pre-recorded message, or any other technology, 
even if you incur a cost when we contact you.  You accept responsibility for all 
costs you incur when contacted through any of these means.
Indemnification: You agree to indemnify us for all damages, costs and expenses, 
including reasonable attorney fees, we incur when we attempt to contact you at 
any third party’s telephone number that you provide to us, including any number 
for which you fail to notify us is no longer associated with you as the subscriber. 
E-mail:  By  providing  us  with  your  e-mail  address,  you  consent  to  receive 
correspondence  electronically  from  us  and  our  affiliates  and  service  providers. 
You agree that we may communicate with you by e-mail for any lawful reason.
Other  Communication  Devices:  If  you  provide  us  with  any  other  form  of 
electronic communication mechanism, you agree that we may communicate with 
you by that mechanism for any lawful reason.

ABOUT YOUR PAYMENTS
Amount  of  Payment,  Avoiding  Late  Fees,  and  Payment  Instructions:  You 
must make a payment by the Payment Due Date in each billing cycle that has a 
New Balance. The amounts you owe are shown in the “Payment Information” box 
on the first page of your Statement. To avoid a Late Payment Fee, we must receive 
a  payment  at  least  equal  to  the  Minimum  Payment  plus  the  Past  Due Amount 
shown on your Statement by 5 pm Central Time (referred to as the payment cutoff 
time) on your Payment Due Date. You can make a payment by mail, by phone, 
by bill payment service, or online. Instructions on making a payment and when 
the  payment  will  be  credited  to  your  account  are  included  on  your  Statement. 
Generally, credits from merchants are not treated as payments and will not reduce 
the amount you must pay each Billing Cycle. The Payment Due Date will be at 
least 27 days from the Statement Closing Date. Your Payment Due Date will be 
the same date each month. You can pay all or any portion of your balance owed 
on your Account at any time.
Applying Your Payments:   We may apply your payment to whichever balances 
we  choose  to  the  extent  it  does  not  exceed  the  Total  Minimum  Amount  Due 
shown on your Statement.  The amount of your payment in excess of the Total 
Minimum Amount  Due  will  be  applied  to  balances  subject  to  the  highest APR 
prior to balances subject to lower APRs.  We may apply your payment to principal 
amounts, INTEREST CHARGES, fees and other charges in any order we choose, 
and we may change the order of application of payments from time to time at our 
discretion.
Availability of Credit: Available credit created as a result of payments posted 
to your Credit Account may not be available for up to 20 days, or even longer 
if circumstances warrant an additional hold, or if we deem ourselves at risk for 
any reason. Your available credit may be limited, from time to time, if you provide 
your  Credit  Account  number  or  Card  to  a  merchant  that  processes  advance 
authorizations, such as hotels, motels and car rental. Such an authorization may 
limit  your  ability  to  make  Purchases  and  take  Cash  Advances  on  your  Credit 
Account until the authorization is canceled by the merchant and your available 
credit is released.
Electronic  Check  Presentment:  When  you  send  us  a  personal  check,  you 
authorize  us  to  either  use  information  from  your  check  to  make  a  one-time 

electronic  transfer  from  your  account,  or  to  process  the  payment  as  a  check 
transaction.  If  your  check  is  processed  electronically,  your  canceled  check  will 
not  be  returned  to  you  by  your  financial  institution.  We  will  retain  an  image  of 
your electronically processed check(s) as required by law. If requested prior to 
the time we are allowed by law to destroy electronically processed checks, we 
will provide you with a copy of your electronically processed check(s) upon your 
request. Funds may be withdrawn from your bank account as soon as the day your 
payment  is  received.  We  agree  to  accept  your  checking  account  statement  as 
proof of payment. The description on your checking account statement will read: 
PREMIER CR CARD CHECK-PAYMT, serial number of the check, amount of the 
payment and date of the transaction. If you choose to opt out of electronic check 
presentment, please call our Customer Service Department at 1-800-987-5521.
Late Payments: We may accept late payments, partial payments or checks or 
other payment instruments marked to impose terms or conditions of acceptance 
such as “paid in full” without waiving any of our rights under this Contract, and no 
attempt by you to impose any term or condition of acceptance will be effective 
against us.  Satisfaction of a debt for less than the full amount due or imposition 
of any other term or condition on us requires a written agreement, signed by an 
authorized Bank representative.

DEFAULT PROVISIONS
Events of Default: You will be in default of this Contract if any of the following 
occur on this or any Related Credit Account:

•	 You  do  not  pay  at  least  the  Total  Minimum Amount  Due  on  your  Credit 

Account on or before the Payment Due Date.

•	 You die or become legally incompetent. 
•	 You become insolvent or bankrupt. 
•	 You exceed or attempt to exceed your Credit Limit.
•	 You provide us with or have provided us with false or misleading information 

or signatures at any time. 

•	 You fail to comply with this Contract.
•	 You fail to make any payment or perform any promise in any agreement or 

obligation you have with us. 

•	 Any judgment, lien, attachment or execution is issued against you or your 

property. 

•	 You request an excessive number of replacement Cards.
•	 We reasonably believe that you will not pay amounts owed to us for any 

reason.

If You Are In Default: Upon your default of this Contract, we will have all remedies 
provided by law including, without limitation, and without prior notice or demand, 
the right to:

•	 Deny use of your Credit Account.
•	 Close or refuse to renew your Credit Account.
•	 Demand the return of your Card(s).
•	 Declare your entire balance immediately due and payable.
•	 Initiate collection activity.
•	 Not replace your Card(s).

Collection  Costs:  To  the  extent  permitted  by  law,  you  must  pay  all  court  and 
collection costs, including reasonable attorneys’ fees, the costs of placing your 
Credit Account in the Warning Bulletin and the costs of confiscating your Card, 
that we incur as a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may suspend your Credit 
Account privileges or permanently cancel and close your Credit Account at any 
time, for any reason.
You May Close Your Credit Account: You may cancel your Credit Account at 
any time by notifying us by telephone or in writing. Even after your Credit Account 
is closed, you remain responsible for paying any amounts you owe on the Credit 
Account according to the terms of this Contract. If this is a joint Credit Account, 
either of you may request that the Credit Account be closed and we will honor 
that request. If your account is billed a Monthly Fee, refer to the Account Opening 
Disclosures  included  on  the  credit  card  carrier  for  information  about  the  billing 
of the fee when the account is closed. If your account is billed an Annual Fee or 

Monthly Fee, refer to the back of your monthly Statement for information on how 
to avoid the fees. 
Non Use Inactivity Closure: If you have never made a payment or used your 
Credit  Account  for  a  Purchase  or  Cash  Advance,  your  Credit  Account  will  be 
automatically closed, and all fees posted to your Credit Account will be reversed, 
when your Credit Account becomes 50 days delinquent (75 days from the initial 
Statement Closing Date if you are a resident of the State of New York).

REFUND DISCLOSURE
Initial Fee Refunds: The following describes our policy concerning the refund of 
initial fees (those fees that are billed on your first statement):

When  we  will  provide  a  full  refund.  We  will  refund  the  initial  fees  if  you 
have not made a Purchase or obtained a Cash Advance and either of the 
following are true:

• Your account is closed within 11 days following the payment due 

date shown on your first billing statement; or

• Your account is closed before you pay anything after receiving a 
billing statement.

When we will provide a partial refund. If your account is closed more than 
11 days after the payment due date on your first billing statement, we will 
refund the unpaid amount of the outstanding fees even if you have made a 
payment after receiving a billing statement as long as you have not made 
a Purchase or obtained a Cash Advance. However, we will not refund any 
amount you have previously paid, including any other fees billed to your 
account.
When we will not provide a refund. We have no obligation to refund fees 
or interest after you make a Purchase or obtain a Cash Advance following 
receipt of these disclosures.

Credit  Limit  Increase  Fee  Refunds:  We  will  refund  the  Credit  Limit  Increase 
Fee if you reject the credit limit increase within 30 days after the date of the billing 
statement on which the fee is billed. This will result in a reversal of the credit limit 
increase.

OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable, it shall 
not affect the validity or enforceability of any other provision of this Contract. 
Changing This Contract: We may change this Contract from time to time. For 
example, we may change your Credit Account number or the Minimum Payment, 
add new INTEREST CHARGES or fees, change the ANNUAL PERCENTAGE 
RATE or change the method of computing the balance upon which we impose 
INTEREST CHARGES. We may also make other changes. We will notify you in 
writing of any change if required by law. Contract changes will apply to amounts 
you owe at the time the change is effective and to new transactions on your Credit 
Account, unless otherwise required by law.
Use of Credit Reports: You authorize us to access and use your credit reports 
from the consumer reporting agencies for any purpose permitted by law which 
may include whether to extend, increase, or decrease credit, reviewing, renewing 
or servicing your Credit Account, or determining whether to offer other products 
or services to you.
Information  Sharing:  The  following  describes  your  agreement  with  us  with 
respect to information sharing. By requesting, obtaining or using a Credit Account 
from us you agree that we may release information in our records regarding you 
and your Credit Account:

•	 To comply with any properly served subpoena or similar request issued by 

a state or federal agency or court.

•	 To share your credit performance with Consumer Reporting Agencies and 
other creditors who we reasonably believe are or may be doing business 
with you on your Credit Account. 

•	 To provide information on your Credit Account to any third party who we 
believe is conducting an inquiry in accordance with the Federal Fair Credit 
Reporting Act.

•	 To  share  information  with  our  employees,  agents  or  representatives 

performing work for us in connection with your Credit Account.

•	 To  communicate  information  as  to  our  transactions  or  experiences  with 
you  to  persons  or  entities  related  by  common  ownership  or  affiliated  by 
corporate control or with any third party (including non-affiliates).

We may also share information such as: (1) information other than our own 
transactions with you with persons or entities related to the Bank by common 
ownership or corporate control; or (2) information on your Credit Account 
with certain companies to provide or offer you selected products, services 
or cardholder benefits. You may direct us not to share one or both of these. If 
this is your request call 1-800-987-5521 or notify us in writing at First PREMIER 
Bank, P.O. Box 5528, Sioux Falls, SD 57117-5528. Be sure to include your name, 
address and Credit Account number. You may receive a copy of our information 
on your Credit Account by writing or calling us at the address or telephone number 
listed  above.  By  requesting  or  obtaining  a  Credit Account,  you  authorize  us  to 
check  your  credit  history.  You  authorize  your  employer,  bank  and  any  other 
references  listed  to  release  and/or  verify  information  to  us  and  our  affiliates  in 
order to determine your eligibility for the Credit Account and any renewal or future 
extension of credit. If you ask, you will be told whether or not consumer reports 
on you were requested and the names of the Consumer Reporting Agencies, with 
their addresses, that provided the reports. If you designate an Authorized User to 
use your Card, you understand that account information may also be reported to 
Consumer Reporting Agencies in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have against you, we do 
not intend to waive that right. We can exercise it against you in the future.
Binding  Effect  Upon  Death  or  Incompetency:  If  we  pay  a  merchant  for  a 
Purchase  or  post  a  Cash  Advance  to  your  Credit  Account  before  we  receive 
actual written notice of your death or incompetence, or if we pay a merchant for 
a  Purchase  made  by  you  or  post  a  Cash Advance  taken  by  you  prior  to  your 
death or incompetence, that transaction will be a valid and binding Credit Account 
obligation upon you, your estate and your personal representatives.
Our Liability To You: We have no liability to you, other than as placed on us by 
law. We will meet our duty to care for your Credit Account(s) under reasonable 
banking  procedures.  Our  mere  clerical  error  or  honest  mistake  will  not  be 
considered a failure to perform any of our obligations.
Transactions  in  Foreign  Currencies:  If  you  make  a  transaction  in  a  foreign 
currency,  it  will  be  converted  into  U.S.  dollars,  and  you  agree  to  accept  the 
converted  amount.  Visa  USA,  Inc.  or  Mastercard  International,  Inc.  will  use  its 
currency  conversion  procedures  in  effect  when  processing  the  transaction. 
The currency conversion rate will be a rate selected by Visa or Mastercard, as 
applicable, from the range of rates available in wholesale currency markets for 
the applicable central processing date, which rate may vary from the rate Visa 
or Mastercard itself receives, or the government-mandated rate in effect for the 
applicable  central  processing  date,  in  each  instance,  plus  a  foreign  currency 
transaction  fee  in  the  amount  disclosed  on  your Account  Opening  Disclosures 
printed on the card carrier containing your Card. This fee will be paid to us and 
applied  to  all  transactions  posted  to  your  Credit Account  in  a  foreign  currency, 
including all Purchase transactions, Cash Advance transactions, ATM transactions 
and  returns  and  adjustments  (e.g.,  for  returned  merchandise).  The  currency 
conversion  rate  used  on  the  processing  date  may  be  different  than  the  rate 
that was in effect on the date you conducted the transaction. We do not set the 
currency conversion rate, and we do not receive any portion of it. We do, however, 
receive a foreign currency transaction fee as disclosed on your Account Opening 
Disclosures printed on the card carrier containing your card.
Prohibition  on  Gambling  and  Illegal  Transactions:  Your  Card  and  Credit 
Account may not be used in connection with any gambling transaction (whether 
legal or illegal). Also, your Card and Credit Account may be used only for valid 
and lawful purposes. If you use, or allow someone else to use your Card or Credit 
Account  for  any  unlawful  purpose  or  for  any  gambling  transaction,  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.
Call  Recording:  You  agree  and  consent  that  we  will  record  and  may  monitor 
any calls between you and us. This includes both calls to and originated by First 
PREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or any of our 
affiliates, agents, independent contractors or service providers.