Diners Club® Charge Card  
Cardmember Agreement 

Cardmember Agreement 
This  document  and  the  card  carrier  that  is  sent  with  the  card  together  make  up 
your Card Agreement and throughout this document are referred to as Agreement 
or  Card  Agreement.  The  card  carrier  contains  important  account  information 
including  the  amount  of  any  membership    fee.  Please  read  and  keep  these 
documents for your records. This Agreement is binding on you unless you cancel 
your  account  within  30  days  after  receiving  the  card  and  you  have  not  used  or 
authorized use of your account. 

To simplify this Agreement for you, the following definitions will apply. The words 
you,  your,  and  yours  mean  all  persons  responsible  for  complying  with  this 
Agreement, including the person who  applied to  open the account and the person 
to    whom    we    address  billing  statements.  The  word  card  means  one  or  more 
cards or other access devices, such as account numbers, that we have issued to 
permit you to obtain credit under this Agreement. The words we, us, and our mean 
BMO Harris Bank N.A. and its successors and assigns, the issuer of your account. 
The words authorized user mean any person to whom you give permission to use 
your account. 

Using Your Account and Your Credit Line 
The card must be signed to be used. Whether you sign the card or not, you are 
fully responsible for complying with all the terms of this Agreement, including the 
obligation  to  pay  us  for  all  balances  due  on  your  account  as  specified  in  this 
Agreement. Your card must only be used for lawful transactions and may not be 
used to purchase goods or services for resale. 

Your  card  can  be  used  to  buy  or  lease  goods  or  services  wherever  the  card  is 
honored.  Your  account  has  a  credit  limit.    The  full  amount  of  the  credit  limit  is 
available to use where the card is honored. With the Club Cash® feature, your card 
can  also  be  used  to  obtain  cash  through  any  bank  or  automated  teller  machine 
that  accepts  the  card,  subject  to  your  credit  limit.  Subject  to  applicable  law,  we 
may reduce your credit limit at any time. We will notify you of any new limit either 
by  sending  you  a  notice  or  through  your  billing  statement.  A  change  may  take 
effect before you receive notification from us. You should always keep your total 
balance below the credit limit. However, if the total due goes over your credit limit 
you must still pay us. 

Additional Cards 
You may request additional cards on your account for yourself or others and you 
may  permit  an  authorized  user  to  have  access  to  the  card  or  account  number. 
However,  if  you  do,  you  must  pay  us  for  all  charges  made  by  those  persons, 
including  charges  for  which  you  may  not  have  intended  to  be  responsible.  You 
must notify us to  revoke an authorized user’s permission to use your account. If 
you  do  so,  we  may  close  the  account  and  issue  a  new  card  or  cards  with  a 
different account number. You are responsible for the use of each card issued on 
your account according to the terms of this Agreement. 

Annual Membership Fee 
The  annual  membership  fee  is  $95  for  the  primary  card  and  $35  for  each 
additional  card.  The  fee  is  non-refundable  unless  you  notify  us  that  you  wish  to 
cancel your account within 30 days from the mailing or delivery date of the billing 
statement on which the fee is billed. 

Billing 
Your billing statement shows the total due, any interest charges and fees imposed

during  the  billing  cycle,  and  the  payment  due  date.  It  also  shows  your  current 
credit limit; an itemized list of current charges, payments and credits; an interest 
charge  summary;  and  other  important  information.  If  we  deem  your  account 
uncollectible or if we institute delinquency collection proceedings by sending it to 
an  outside  collection  agency  or  attorney  for  collection,  we  may,  in  our  sole 
discretion,  stop  sending  you  billing  statements,  unless  otherwise  prohibited  by 
applicable law. 

You must notify us of a change in your address by contacting Customer Service by 
telephone or mail. We will mail or deliver the billing statement to only one address. 

How We Determine the Balance 
The  total  outstanding  balance  (the  amount  you  owe  us)  appears  as  the  “New 
Balance” on the billing statement. To determine the New Balance, we begin with 
the  outstanding  balance  on your  account  at  the  beginning  of  each  billing  period, 
called the “Previous Balance” on the billing statement.  We add any purchases and 
cash  advances  and  subtract  any  credits  or  payments  credited  as  of  that  billing 
period.  We  then  add  the  appropriate  interest  charges  and  fees  and  make  other 
applicable adjustments. 

Transaction Fee for Club Cash® Advances 
You  have  obtained  a  cash  advance  for  which  we  assess  a  cash  advance 
transaction  fee  if  you  obtain  funds  from  an  automated  teller  machine  (ATM), 
through  home  banking,  or  through  a  financial  institution;  make  a  wire  transfer; 
acquire  a  money  order,  traveler’s  check,  lottery  ticket,  betting  or  casino  chip,  or 
similar item; or engage in another similar transaction. For each cash advance, we 
add  an  additional  charge  of  4.0%  of  the  advance,  but  not  less  than  $4.  The 
amount  of  the  cash  advance  may  include  a  surcharge  that  the  ATM  owner 
imposes. 

Credit Balance 
You may not maintain a credit balance in excess of your credit limit.  We will return 
to  you  any  credit  amount  over  $1.00  if  the  amount  has  been  on  your  account 
longer than six months. You may request a refund of a credit balance at any time. 
We may reduce the amount of any credit balance by the amount of new charges 
billed to your account. 

Transaction Fee for Purchases Made in Foreign Currencies 
For  each  purchase  made  in  a  foreign  currency,  we  add  to  your  account  an 
additional fee of 3.0% of the amount of the purchase after its conversion into U.S. 
dollars. 

Information on Foreign Currency Conversion Procedures 
Any purchase you make in a foreign currency or any cash advance you obtain in a 
foreign  currency  will  be  charged  to  your  account  in  U.S.  dollars  after  being 
converted by MasterCard®*. MasterCard will act in accordance with its procedures 
then  in  effect.      MasterCard  uses  a  MasterCard  conversion  rate  in  effect  on  the 
day  the  purchase  or  cash  advance  transaction  is  processed.  The  MasterCard 
conversion rate is either a government-mandated rate or a wholesale market rate. 
The  foreign  currency  conversion  rate  in  effect  on  the  processing  date  for  a 
transaction may differ from the rate in effect on the sale or posting date on your 
billing statement for that transaction. If a transaction is converted by a third party 
prior  to  that  transaction  being  processed  by  MasterCard,  the  foreign  currency 
conversion rate for that transaction will be the rate selected by that third party. 

Total Due 
Each month you must pay the Total Due that is shown on your billing statement. 
Your Total Due equals the New Balance. 

Payments 
You must pay the Total Due by the payment due date. 

Instructions  for  making  payments  are  on  your  billing  statement.  In  order  to  be 
credited  as  of  a  particular  day,  your  payment  must  be  received  in  the  form 
specified,  and  by  the  hour  specified,  in  those  instructions.    Do  not  send  cash 
payments.    We  can  accept  late  or  partial  payments,  as  well  as  payments  that 
reflect  “paid  in  full”  or  other  restrictive  endorsements,  without  losing  any  of  our 
rights under this Agreement. You agree to pay us in U.S. dollars drawn on funds 
on  deposit  in  the  United  States  using  a  payment  check,  similar  instrument,  or 
automatic debit that will  be processed and honored by your bank. We reserve the 
right  to  accept  payments  made  in  foreign  currency  and  instruments  drawn  on 
funds  on  deposit  outside  the  United  States.  If  we  do,  we  will  select  the  effective 
currency conversion rate at our discretion and credit your account in U.S. dollars 
after  deducting  any  fees  or  costs  incurred  in  connection  with  processing  your 
payment. If such fees or costs are not fully deducted at the time your account is 
credited for a payment, we will bill you separately for them. 

Optional Payment Services 
You may pay your account online or you may request to make your payment by 
phone  using  our  optional  telephone  payment  service.  Subject  to  applicable  law, 
each time a representative of ours helps expedite your payment, you agree to pay 
us $14.95. Our representatives are trained to tell you this amount if you decide to 
use this optional telephone payment service. 

Late Fee 
Any portion of the Total Due from a previous billing period that remains unpaid will 
appear as a Past Due balance on the current card billing statement. In addition, 
we will impose a late fee of up to $35. If you do not pay a Past Due amount for two 
consecutive  billing  cycles  we will    assess  a  late  fee  of  up  to  $35  or  2.5%  of  the 
entire Past Due balance each time any portion of a Total Due balance is included 
in a Past Due balance and the Past Due Balance is more than $80. The fee will 
not exceed the amount permitted by applicable law. 

Returned Payment Fee 
Subject to applicable law, we may add a fee of up to $29 to the account when a 
payment  check  or  similar  instrument  is  not  honored,  when  we  must  return  it 
because it cannot be processed, or when an automatic debit is returned unpaid. At 
our option, we may assess this fee the  first  time  your  check or  payment  is not  
honored,  even  if it is honored  upon resubmission. The fee will not exceed the 
amount permitted by applicable law. 

Other Fees 
To  the  extent  permitted  by  applicable  law,  your  Account  will  be  subject  to  the 
following fees: 
•  Research Documentation Fee: If you request a copy of a billing statement, sales 
slip  or  other  documents  in  connection  with  your  account,  you  account  will  be 
subject to a charge of $3.00. 

Lost or Stolen Cards or Account Numbers 
If any card or account number is lost or stolen, or if you think someone used or 
may use them without your permission, notify us at once by calling the Customer 
Service telephone number shown on the billing statement or the number obtained 
by  calling  toll-free  or  local  Directory  Assistance.  We  may  require  you  to  provide 
certain information in writing to help us find out what happened, and to comply with 
such procedures as we may require in connection with our investigation. Don’t use 
the  card  or  account  number  after  we’ve  been  notified,  even  if  they  are  found  or 
returned. You may be liable for unauthorized use of the account, but not for more 
than $50. You won’t be liable for unauthorized purchases or cash advances made 
after we’ve been notified of the loss or the theft; however, you must identify for us

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the  charges  on  the  billing  statement  that  were  not  made  by  you,  or  someone 
authorized by you, and from which you received no benefit. 

Default 
You default under this Agreement if you fail to pay, by its due date, the Total Due 
listed  on  each  billing  statement;  file  for  bankruptcy;  pay  by  a  check  or  similar 
instrument  that  is  not  honored  or  that  we  must  return  because  it  cannot  be 
processed;  pay  by  automatic  debit  that  is  returned  unpaid;  or  default  under  any 
other  Card  Agreement  that  you  have  with  us.  If  you  default,  we  may,  subject  to 
applicable  law,  close  your  account  and  demand  immediate  payment  of  the  total 
balance.    For  residents  of  New  Hampshire:  Reasonable  attorneys’  fees  will  be 
rewarded to you if you prevail in any action or suit brought by BMO Harris Bank 
N.A. Also, if you successfully assert a partial defense or counterclaim to an action 
brought by BMO Harris Bank N.A., the court may withhold from BMO Harris Bank 
N.A. the entire amount or such portion of the attorneys’ fees as the court considers 
equitable. 

Preauthorized Charges 
If you default, if the card is lost or stolen, or we change your account or account 
number  for  any  reason,  we  may  suspend  automatic  charges  on  that  account  to 
third  party  vendors  for  insurance  premiums  or  other  goods  or  services.  If 
preauthorized charges are suspended, you must contact the third party vendor to 
reinstate  them.  You  are  responsible  for  making  direct  payment  for  such  charges 
until you reinstate automatic charges. 

Collection Costs 
If we refer collection of your account to a lawyer who is not our salaried employee, 
to the extent not prohibited by applicable law, you will be liable for any reasonable 
attorney’s fees we incur, plus the costs and expenses of any legal action. 

ARBITRATION 
PLEASE  READ  THIS  PROVISION  OF  THE  AGREEMENT  CAREFULLY.  IT 
PROVIDES  THAT  ANY  DISPUTE  MAY  BE  RESOLVED  BY  BINDING 
ARBITRATION.  ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT, 
INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A 
CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS 
RESOLVED  BY  AN  ARBITRATOR  INSTEAD  OF  A  JUDGE  OR  JURY. 
ARBITRATION  PROCEDURES  ARE  SIMPLER  AND  MORE  LIMITED  THAN 
COURT PROCEDURES. 

Agreement to Arbitrate 
Either  you  or  we  may,  without  the  other’s  consent,  elect  mandatory,  binding 
arbitration  for  any  claim,  dispute,  or  controversy  between  you  and  us  (called 
“Claims”). 

Claims Covered 
•  What Claims are subject to arbitration?  All Claims relating to your account, a 
prior  related  account,  or  our  relationship  are  subject  to  arbitration,  including 
Claims  regarding  the  application,  enforceability,  or  interpretation  of  this 
Agreement and this arbitration provision. All Claims are subject to arbitration, no 
matter  what  legal  theory  they  are  based  on  or  what  remedy  (damages,  or 
injunctive  or  declaratory  relief)  they  seek.  This  includes  Claims  based  on 
contract, tort (including intentional tort), fraud, agency, your or our negligence, 
statutory or regulatory  provisions, or any other sources of law; Claims made as 
counterclaims, cross- claims, third-party claims, interpleaders or otherwise; and 
Claims  made  independently  or  with    other  claims.  A  party  who  initiates  a 
proceeding in court may elect arbitration with respect to any Claim advanced in 
that  proceeding  by  any  other  party.  Claims  and  remedies  sought  as  part  of  a 
class action, private attorney general or other representative action are subject 
arbitrator may award relief only on an individual (non-class, non-representative) 
basis. 

•  Whose Claims are subject to arbitration? Not only ours and yours, but also 
Claims  made  by  or  against  anyone  connected  with    us  or  you  or  claiming 
through us or you, such as a co- applicant or authorized user of your account, 
an  employee,  agent,  representative,  affiliated  company,  predecessor  or 
successor, heir, assignee, or trustee in bankruptcy. 

•  What time frame applies to Claims subject to arbitration? Claims arising in 
the past, present, or future, including Claims arising before the opening of your 
account, are subject to arbitration. 

•  Broadest  interpretation.  Any  questions  about  whether  Claims  are  subject  to 
arbitration  shall  be  resolved  by  interpreting  this  arbitration  provision  in  the 
broadest  way  the  law  will  allow  it  to  be  enforced.  This  arbitration  provision  is 
governed by the Federal Arbitration Act (the “FAA”). 

•  What  about  Claims  filed  in  Small  Claims  Court?  Claims  filed  in  a  small 
claims court are not subject to arbitration, so long as the matter remains in such 
court and advances only an individual (non-class, non-representative) Claim. 

How Arbitration Works 
•  How  does  a  party  initiate  arbitration?  The  party  filing  an  arbitration  must 
choose  one  of  the  following  two  arbitration  firms  and  follow    its  rules  and 
procedures  for  initiating  and  pursuing  an  arbitration:  American  Arbitration 
Association  or  JAMS.  Any  arbitration  hearing  that  you  attend  will  be  held  at  a 
place chosen by the arbitration firm in the same city as the U.S. District Court 
closest to your then current billing address, or at some other place to which you 
and we agree in writing. You may obtain copies of the current rules of each of 
the  arbitration  firms  and  forms  and  instructions  for  initiating  an  arbitration  by 
contacting them as follows: 

American Arbitration Association 
800-778-7879 (toll free) Website: www.adr.org 

JAMS 
800-352-5267 (toll free) Website: www.jamsadr.com 

At  any  time  you  or  we  may  ask  an  appropriate  court  to  compel  arbitration  of 
Claims,  or  to  stay  the  litigation  of  Claims  pending  arbitration,  even  if  such 
Claims  are  part  of  a  lawsuit,  unless  a  trial  has  begun  or  a  final  judgment  has 
been entered. Even if a party fails to exercise these rights at any particular time, 
or in connection with any particular Claims, that party can still require arbitration 
at a later time or in connection with any other Claims. 

•  What  procedures  and  law  are  applicable  in  arbitration?  A  single,  neutral 
arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 
ten years experience or a retired or former judge, selected in accordance with 
the rules of the arbitration firm. The arbitration will follow procedures and rules 
of  the  arbitration  firm  in  effect  on  the  date  the  arbitration  is  filed  unless  those 
procedures  and  rules  are  inconsistent  with  this  Agreement,  in  which  case  this 
Agreement  will  prevail.  Those  procedures  and  rules  may  limit  the  discovery 
available  to  you  or  us.  The  arbitrator  will  take  reasonable  steps  to  protect 
customer account information and other confidential information  if requested to 
do  so  by  you  or  us.  The  arbitrator  will  apply  applicable  substantive  law 
consistent with the FAA and applicable statutes of limitations, will honor claims 
of privilege recognized at law, and will have the power to award to a party any 
damages  or  other  relief  provided  for  under  applicable  law.  You  or  we  may 
choose  to  have  a  hearing  and  be  represented  by  counsel.  The  arbitrator  will 
make  any  award  in  writing  and,  if  requested  by  you  or  us,  will  provide  a  brief 
statement of the reasons for the award. An award in arbitration shall determine 
the rights and obligations between the named parties only, and only in respect 
of  the  Claims  in  arbitration,  and  shall  not  have  any  bearing  on  the  rights  and 

obligations of any other person, or on the resolution of any other dispute. 

•  Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we 
pay; if you file, you pay, unless you get a fee waiver under the applicable rules 
of the arbitration firm. If you have paid the initial filing fee and you prevail, we 
will reimburse you for that fee. If there is a hearing, we will pay any fees of the 
arbitrator and arbitration firm for the first day of that hearing. All other fees will 
be allocated as provided by the rules of the arbitration firm and applicable law. 
However,  we  will  advance  or  reimburse  your  fees  if  the  arbitration  firm  or 
arbitrator determines there is good reason for requiring us to do so, or if you ask 
us and we determine there is good reason for doing so. Each party will bear the 
expense of that party’s attorneys, experts, and witnesses, and other expenses, 
regardless of which party prevails, but a party may recover any or all expenses 
from another party if the arbitrator, applying applicable law, so determines. 

•  Who  can  be  a  party?  Claims  must  be  brought  in  the  name  of  an  individual 
person  or  entity  and  must  proceed  on  an 
individual  (non-class,  non-
representative)  basis. The arbitrator will not award relief  for or against anyone 
who is not a party. If you or we require arbitration of a Claim, neither you, we, 
nor  any  other  person  may  pursue  the  Claim  in  arbitration  as  a  class  action, 
private  attorney  general  action  or  other  representative  action,  nor  may  such 
Claim  be  pursued  on  your  or  our  behalf  in  any  litigation  in  any  court.  Claims, 
including  assigned  Claims,  of  two  or  more  persons  may  not  be  joined  or 
consolidated  in  the  same  arbitration.  However,  applicants,  co-applicants, 
authorized  users  on  a  single  account  and/or  related  accounts,  or  corporate 
affiliates are here considered as one person. 

•  When is an arbitration award final? The arbitrator’s award is final and binding  
on  the  parties  unless  a  party  appeals  it  in  writing  to  the  arbitration  firm  within 
fifteen days of notice of the award. The appeal must request a new arbitration 
before  a  panel  of  three  neutral  arbitrators  designated  by  the  same  arbitration 
firm. The panel will consider all factual and legal issues anew, follow the same 
rules  that  apply  to  a  proceeding  using  a single  arbitrator,  and  make  decisions 
based on the vote of the majority.  Costs will be allocated in the same way they 
are  allocated  for  arbitration  before  a  single  arbitrator.  An  award  by  a  panel  is 
final and binding on the parties after fifteen days has passed. A final and binding 
award is subject to judicial review and enforcement as provided by the FAA or 
other applicable law. 

Survival and Severability of Terms 
This  arbitration  provision  shall  survive:  (i)  termination  or  changes  in  the 
Agreement,  the  account,  or  the  relationship  between  you  and  us  concerning  the 
account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment 
of  your  account,  or  any  amounts  owed  on  your  account,  to  any  other  person  or 
entity. 
invalid  or 
unenforceable, the entire arbitration provision shall not remain in force. No portion 
of this arbitration provision may be amended, severed, or waived absent a written 
agreement between you and us. 

this  arbitration  provision 

If  any  portion  of 

is  deemed 

Credit Reporting 
We may report information about your account to credit bureaus. Late payments, 
missed  payments,  or  other  defaults  on  your  account  may  be  reflected  on  your 
credit  report.  If  you  request  additional  cards  on  your  account  for  others,  you 
understand  that  we  may  report  account  information  in  your  name  as  well  as  in 
those  other  people.  We  may  also  obtain  follow-up  credit  reports  on  you  (for 
example, when we review your account for a credit line increase). If you wish to 
know the names of the agencies we have contacted, write us at the Customer 
Service  address  listed  on  the  billing  statement.  We  will  try  to  notify  you  by 
telephone  or by mail of any legal process served on us in order to give you an 
opportunity  to  object  to  it,  unless  the  law  prohibits  the  notice.  If  you  think  we 
reported  erroneous  information  to  a  credit  reporting  agency,  write  us  at  the 

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we must let those organizations know when the matter has been settled between 
us. 

If we do not follow all 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 the address for billing inquiries and correspondence shown 
on the front of your statement. 

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. 

®  Diners  Club,  Diners  Club  International  with  the  Split  Circle  Device,  and  Club 
Cash are  registered trademarks of Diners Club International Ltd. 

®*MasterCard is a registered trademark of MasterCard International Incorporated. 

Customer  Service  address  listed  on  the  billing  statement.  We  will  promptly 
investigate the matter. We will then tell you if we agree or disagree with you. If we 
agree, we will contact each credit reporting agency to which we reported and will 
request they correct the report. If we disagree with you after our investigation, we 
will tell you in writing or by telephone and instruct you how to submit a statement 
of  your  position  to  those  agencies.  Your  statement  will  become  a  part  of  your 
credit  record  with  them.  As  required  by  Utah  law,  you  are  hereby  notified  that  a 
negative credit report reflecting on your credit record may be submitted to a credit 
reporting agency if you fail to fulfill the terms of your credit obligations. 

Telephone Monitoring and Recording 
From time to time we may monitor and record your telephone calls regarding your 
account with us to assure the quality of our service. 

Closing Your Account 
You  may  close  your  account  at  any  time  by  notifying  us  in  writing  or  over  the 
phone. However, you remain responsible to pay the total balance according to the 
terms  of  this  Agreement.  We  may  close  your  account  or  suspend  your  account 
privileges at any time for any reason not prohibited by applicable law without prior 
notice. We may also reissue a different card or account number at any time. You 
must return the card to us upon request. 

Refusal of the Card 
We are not responsible if a transaction on your account is not approved, either by 
us or by a third party, even if you have sufficient credit  available. We may limit the 
number of transactions that may be approved in one day. If we detect unusual or 
suspicious activity on your account, we may suspend your credit privileges until we 
can verify the activity. 

Changing this Agreement 
We  may  change  the  rates,  fees,  and  terms  of  this  Agreement  from  time  to 
time  as  permitted  by  law.  Changing  terms  includes  adding,  replacing,  or 
deleting  provisions  of  this  Agreement.  These  changes  are  binding  on  you. 
Subject  to  applicable  law,  we  will  give  you  advance  written  notice  of  the 
changes and a right to opt out to the extent required by law. 

Enforcing this Agreement 
We can delay in enforcing or fail to enforce any of our rights under this Agreement 
without losing them. 

Assignment 
We may assign any or all of our rights and obligations under this Agreement to a 
third party. 

Applicable Law 
The  terms  and  enforcement  of  this  Agreement  shall  be  governed  by  federal  law 
and  the  law  of  Illinois,  where  we  are  located.  This  Agreement  and  your  account 
are  governed  by,  to  the  extent  that  state  law  applies,  the  law  of  Illinois  without 
regard  to  its  conflict  of  law  principles.  Further,  this  Agreement  is  made  in  Illinois 
and credit is extended to you from Illinois, regardless of where you live or use your 
account. 

For Maryland residents only, to the extent federal law and the laws of the State of 
Illinois  do  not  apply,  this  Agreement  is  governed  by  Title  12,  Subtitle  9  of  the 
Maryland Commercial Law Article. 

New Jersey Residents 
Because certain  provisions  of  this  Agreement  are  subject  to  governing  law,  they 
may  be  void,  unenforceable  or  inapplicable  in  some  jurisdictions.  None  of  these 
provisions are void, unenforceable or inapplicable with New Jersey. 

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 the address for billing 
inquiries and correspondence shown on the front of your statement. 

In your letter, give us the following information: 
•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what 

you believe is wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At  least  3  business  days  before  an  automated  payment  is  scheduled,  if  you 

want to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing. 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 revolving 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 

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Pricing Information Table 

Payment Information 

All charges made on this charge card are due and payable when you receive your periodic statement. 
Fees 

Annual Membership Fee 

Transaction Fees 

Primary Card Fee $95 
Additional Card Fee $35 

•  Transaction Fee for Club 

Cash® Advance 

Either $4.00 or 4% of the amount of each cash advance,  
whichever is greater 

•  Foreign Purchase  
Transaction Fees 

Penalty Fees 

•  Late Payment Fee 

3% of each purchase transaction in U.S. dollars 

Up to $35. If you do not pay a Past Due amount for two 
consecutive billing cycles, your fee will be up to $35 or 2.5% of the 
total Past Due amount. 

•  Returned Payment Fee 

Up to $29