Cardmember  Agreement for Elan Financial  Services®  Visa® and Mastercard® 
Classic,  Gold and Platinum  Accounts 

This credit card program is issued and administered by Elan Financial Services. This information is accurate as of March 31, 2021.  
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the 
Agreement that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION:  Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 7.99% to 25.99% 
(DPR) 0.021890% to 0.071205% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 7.99% to 25.99% 
(DPR) 0.021890% to 0.071205% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 4.74% to Prime + 22.74%  
(APR) 7.99% to 25.99%  
(DPR) 0.021890% to 0.071205% 

Penalty APR and When It Applies 

There is no Penalty Rate for your Account. 

Paying Interest 

Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

Annual Fee 
Travel Fee  
Transaction Fees   
Balance Transf er Advance Fee  

Convenience Check Advance Fee 

Financial Institution Cash Advance Fee 

Cash Equivalent Advance Fee 

Cash Advance Overdraft Protection Fee  

Cash Advance ATM Fee 

Your due date is 24-30 days after the close of each billing 
cycle. We will not charge you interest on Purchases if you 
pay your entire balance by the due date each month.  We 
will begin charging interest on Advances and Balance 
Transf ers on the transaction date. 
If  you are charged interest, then the Minimum Interest 
Charge will be no less than $2.00. 
To learn more about factors to consider when applying for or 
using  a  credit  card,  visit  the  website  of   the  Consumer 
Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 
NOTICE: Some of  these set-up and maintenance f ees will 
be assessed before you begin using your Card and based 
on your Credit Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not 
yet used it or paid a fee after receiving a billing statement. If  
you do reject the Account, you are not responsible f or any 
f ees or charges. 
$0 to $50 
NONE 

Either $5 or 3% of  the Transfer or Advance amount, 
whichever is greater (maximum fee (No Maximum)).  
Either $5 or 3% of  the Advance amount, whichever is 
greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 5% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $0 to $20 or 0% to 5% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $0 to $10 or 0% to 5% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 

 
 
 
 
 
 
 
 
Foreign Transaction Fee 

Up to 3% of each foreign transaction amount. 

Account Fees 

Late Fee  
Overlimit Fee 
Return Payment Fee 

Up to $40 
NONE 
$0 to $40 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”.  See the Agreement for more details. 

P. O. Box 6352 
Fargo, ND   58125 

Cardmember Agreement  

This is a cardmember agreement and disclosure statement (“Agreement”) between 
you and the Issuer containing the terms that will apply to your Credit Card Account 
(“Account”)  effective  March  31,  2021.  In  this  Agreement,  “you”,  “your"  and 
“Cardmember” means each individual accepting a solicitation or applying for the 
Account or otherwise agreeing to be responsible for the Account. “We”, “us”, “our”, 
and “Cardmember Service” means Elan Financial Services, the issuer of the Card 
and your Account creditor. Please read this Agreement carefully and keep it in a safe 
place to make the best use of the credit cards we issue with this Account (“Card”). 
The Agreement becomes effective as soon as you or someone authorized by you 
uses or activates the Card or Account. Even if the Card or Account has not been 
used or activated, the Agreement becomes effective unless you contact us within 30 
days after you receive the Card by calling the number on the back of the Card to 
cancel your Account. This web Agreement does not replace the Agreement that is 
provided with the Account and Card.  

This  Agreement contains an arbitration provision  (including  a class action 
arbitration waiver).  It is important that you read the entire Arbitration Provision 
section carefully. 

ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT 

1. Personal Use: You may use the Account only for personal, family or household 
purposes. Federal or state consumer protection laws may not apply if you use the 
Account for other than personal, family or household purposes.  

2. Purchases: You may use the Account to buy, lease or otherwise obtain goods or 
services from participating merchants (including transactions you initiate by mail, 
telephone or over the Internet), or take advantage of special promotional Balance 
Transfer offers  that  post  as  Purchase transactions (“Purchases”).   We  will,  in 
connection with any promotional offer we make from time to time, provide information 
on your Card carrier or in additional materials (the “Offer Materials”) that explain 
whether those transactions will post and be treated as a Purchase.  Even if you have 
not signed a sales draft or the merchant has not supplied you with a written receipt 
or other proof of sale, you are responsible for all Purchases made through your 
Account, except as  expressly limited  by applicable law (see Your Billing  Rights 
section below for more details).  

3. Advances: “Advances” are transactions other than Purchases that allow you direct 
access to funds available through your Account.  Advances may include Account 
transactions such as cash advances you obtain directly from us, automated teller 
machines (“ATMs”) or other participating financial institutions (“Cash Advances”). 
ATM and financial institution Advances include phone (automated phone system and 
24 Hour customer service assisted) and Internet transfers. Advances also include 
some  Balance Transfers, Convenience Checks, FastCash, Overdraft  Protection 
Advances and Cash Equivalent Advances.  “Cash Equivalent Advances” include 
transactions to acquire or initiate wire transfers, travelers checks, cashier’s checks, 
money orders, foreign cash transactions, casino gaming and betting transactions and 
lottery tickets.  Monthly Account statements we issue may refer to Advances as an 
Advance, Cash, Cash Advances, or by the product or device you used to obtain an 
Advance.  Refer to  the Account Fees section for details on Advance Transaction 
Fees. 

4. Advance Limits: Only a portion of the Credit Limit (defined below) is available for 
Advances and that portion may vary from time to time. Although you may have credit 
available under your Account, we may be unable to authorize an Advance. You may 
contact  Cardmember Service  to learn the portion of your Credit Limit  which is 
available for Advances. 

5. Convenience Checks: From time to time, we may supply Convenience Checks for 
use by the person(s) or drawer named on those checks. “ Convenience Checks” are 
drafts that look like other checks, but are drawn on credit available in your Account.  
Convenience Checks may not be offered for all Account types.  We will, in connection 
with any Convenience Check we provide, include Offer Materials that will explain 
whether the Convenience Check will post and be treated as an Advance or as a 
Balance Transfer. Convenience Checks must be written in U.S. Dollars. We may 
return a Convenience Check unpaid if:  
(a) the credit available under your Credit Limit is less than the Convenience Check 
amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform to 
our regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you 
owe us or our affiliates.   

6. Paying and Stopping Payment on Convenience Checks: You must write to us or 
call to request that payment be stopped on a Convenience Check. You must call us 
promptly with an oral stop payment request and then provide us with a written 
confirmation of the stop payment request within 14 calendar days. Any written stop 
payment request we receive will remain in effect for 6 months, unless you renew the 
request in writing before the end of that time. We may pay Convenience Checks more 
than 6 months old. There may be circumstances under which a Convenience Check 
must be paid, even if we have received a stop payment request from you. We will not 
be  liable to  you  if  we  do  not  honor your  stop  payment  request under those 
circumstances. If it is determined that a Convenience Check should have been paid, 
but  was  not,  we  will not  be  liable for any  consequential, punitive or incidental 
damages if we acted in good faith. Our only obligation under those circumstances 
will be to pay the designated payee the amount of  the Convenience Check and 
cancel any charges assessed against your Account as a result of any wrongful failure 
to honor the Convenience Check.  

7. Balance Transfers: We may permit you to transfer balances and obligations that 
you owe other companies or financial institutions to  your Account, subject to the 
terms and conditions disclosed in the Offer Materials (“Balance Transfers”). Balance 
Transfers will post to your Account and be separately reflected on monthly Account 
statements as a Balance Transfer, or, depending upon the offer, may post to the 
Account and be treated as a Purchase or an Advance.  We will, in connection with 
any Balance Transfer offer we make, provide you with materials that explain how the 
Balance Transfer will post to  your Account and be reflected on monthly Account 
statements. You may not request Balance Transfers on existing obligations you owe 
us or our affiliates. If you request a Balance Transfer that would cause your Account 
to exceed its Credit Limit, we may, at our option, (a) post the entire Balance Transfer 
requested to your Account; (b) post only a portion of the Balance Transfer requested 
to your Account up to the amount of credit available under the Credit Limit; or (c) 
refuse to process the entire amount of the Balance Transfer requested.   

8.  Overdraft Protection: This section is  part  of  the Agreement only if you have 
specifically requested and have obtained Overdraft Protection linking the Account 
with  a designated checking account at a financial institution with which we are 
affiliated  or  with  which  we  have  a  correspondent relationship. An  “Overdraft 
Protection Advance” is an advance of funds to your designated checking account 
from  this  Account that  will  prevent overdrafts on your  checking account.   You 
authorize us to make Overdraft Protection Advances from the Account as provided 
in this Agreement.  Any Overdraft Protection Advance will post and be disclosed as 
either a "Financial Institution Cash Advance" or an "Overdraft Protection Advance” 
on your periodic statement, and will be subject to either a Financial Institution Cash 
Advance fee or an Overdraft Protection Advance fee, depending on how the Advance 
is processed.  An Overdraft Protection Advance will be made only once per day, and 
will be made in the amount determined by your financial institution (regardless of the 
specific overdraft amount). Please verify the amount of the Overdraft Protection 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Advance with  your  financial institution.    We  may  cancel Overdraft  Protection 
privileges under the Account, even if the Account remains open for other purposes.  

Note: For Young Adult Accounts, the young adult’s name and cosigner’s name must 
both be named on the linked checking account in order to have Overdraft Protection. 

INTEREST CHARGES AND ACCOUNT FEES 

9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit. 
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) 
periodic rate INTEREST CHARGES (sometimes referred to as "interest" in this 
Agreement and on monthly Account statements); (b) Advance Transaction Fees; and 
(c) any other transaction fees that are considered INTEREST CHARGES.  

10. Interest Rate:  In this Agreement, we have abbreviated the terms “daily periodic 
rate” as  DPR, “average daily balance” as  ADB,  and “ANNUAL PERCENTAGE 
RATE” as APR.  
(a) Standard Interest Rates-  
Rate for "Purchases" and "Balance Transfers": The DPR for transactions posting as 
Purchases and Balance Transfers is equal to 1/365th of its corresponding APR. Rate 
for "Advances": The DPR  and corresponding APR for transactions posting to the 
Account as Advances is equal to 1/365th of its corresponding APR.  

(b) Your Variable APRs are calculated by adding a margin to the Index. Your Variable 
DPR is equal to 1/365th of the corresponding APR. Your DPR and corresponding 
APR may increase or decrease from time to time according to the movements up or 
down of the Index, which is the Prime Rate published in the "Money Rates" section 
of the Midwest Edition of The Wall Street Journal on the last publication day before 
the date on which the billing cycle closed (in other words, the "statement date"). We 
reserve the right to choose a comparable new index if The Wall Street Journal ceases 
to  publish a Prime Rate. The margin is the percentage we add to the Index to 
calculate the APR. The current applied Index value for your Account is 3.25% . Any 
variable rate adjustment based on a change to your margin will be effective as of the 
first day of the current billing cycle, and will apply to all new Account balances and 
transactions subject to that variable rate. Any variable rate adjustment based on a 
change to your Index will be effective as of the first day of the current billing cycle, 
and will apply to all new and outstanding Account balances and transactions subject 
to that variable rate. An increase or decrease to the Index or margin will apply to 
Purchase, Advance, and Balance Transfer balances and will result in an increase or 
decrease in the INTEREST CHARGE on the Account, an increase or decrease to 
your Minimum Payment, and an increase or decrease to your New Balance.  

Introductory and Promotional Rates: We may, at our option, offer you for a limited 
time  introductory or promotional interest rates for  all or  part of  new  Purchase, 
Advance, or Balance Transfers posted to your Account. We will tell you in the Offer 
Materials the introductory or promotional rate and the period of time during which that 
rate will be in effect and any conditions or requirements of the offer. Unless the Offer 
Materials state otherwise, an introductory or promotional rate will remain in effect 
until the last day of the billing cycle in which the introductory or promotional rate 
expires.   Any introductory or promotional rate that applies to new or outstanding 
Account balances will increase to the standard rate that would otherwise apply, or, 
when appropriate under the terms of this  Agreement, a Penalty Rate  due to  an 
Adjustment Event (as indicated above).    

11. INTEREST CHARGE; Method of Computing Balance Subject to Interest Rate: 
We calculate the periodic rate or interest portion of the INTEREST CHARGE by 
multiplying the applicable  DPR by the ADB  (including new transactions) of the 
Purchase, Advance and Balance Transfer categories subject to interest, and then 
adding together the resulting interest from each category. We determine the ADB 
separately for the Purchases, Advances and Balance Transfer categories. To get the 
ADB in each category, we add together the daily balances in those categories for the 
billing cycle and divide the result by the number of days in the billing cycle. We 
determine the daily balances each day by taking the beginning balance of those 
Account categories (including any billed but unpaid interest, fees, credit insurance 
and other charges), adding any new interest, fees, and charges, and subtracting any 
payments or credits applied against your Account balances that day. We add a 
Purchase, Advance or Balance Transfer to the  appropriate balances for those 
categories on the later of the transaction date or the first day of the statement period. 
Billed but unpaid interest on Purchases, Advances and Balance Transfers is added 
to the appropriate balances for those categories each month on the statement date. 
Billed but unpaid Advance Transaction Fees are added to the  Advance balance of 
your Account on the date they are charged to your Account.   

Any  billed but unpaid fees on  Purchases, credit insurance charges, and other 
charges are added to the Purchase balance of the Account on the date they are 
charged to the Account. Billed but unpaid fees on Balance Transfers are added to 
the Balance Transfer balance of the Account on the date they are charged to the 
Account. In other words, billed and unpaid interest, fees, and charges will be included 

in the ADB of your Account that accrues interest and will reduce the amount of credit 
available to you. To the extent credit insurance charges, overlimit fees, Annual Fees, 
and/or Travel Membership Fees may be applied to your Account, such charges 
and/or fees are not included in the ADB calculation for Purchases until the first day 
of the billing cycle following the date the credit insurance charges, overlimit fees, 
Annual Fees, and/or Travel Membership Fees (as applicable) are charged to the 
Account. Prior statement balances subject to an interest-free period that have been 
paid on or before the payment due date in the current billing cycle are not included 
in the ADB calculation. There may be a minimum INTEREST CHARGE Fee in any 
billing cycle in which an INTEREST CHARGE  is due.  As  described above, this 
Agreement provides for the compounding of interest on your Account. 

12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases 
provided you have paid your previous balance in full by the Payment Due Date shown 
on  your  monthly  Account  statement.  In  order to  avoid  additional INTEREST 
CHARGES on Purchases, you must pay your new balance in full by the Payment 
Due Date shown on the front of your monthly Account statement. There is no interest-
free  period for transactions that  post  to  the  Account  as  Advances or Balance 
Transfers except as provided in any Offer Materials. Those transactions are subject 
to interest from the date they post to the Account until the date they are paid in full.  

13.  Advance Account Fees: You agree to  pay the  following Account fees and 
INTEREST CHARGES: 

(a) We may add an Advance Transaction Fee INTEREST CHARGE to the 
Advance balance of the Account for each Advance you obtain during a billing 
cycle  in  addition to the  interest  that  accrues on Advances. The  Advance 
Transaction Fee imposed will equal the greater of either  a percentage of each 
Advance or the minimum dollar amount, subject to the maximum  dollar amount.   
(b)  We  may  add  a  Balance Transfer  Fee  INTEREST  CHARGE  to  the         
Purchase balance of  the  Account  except  where Offer  Materials  specify 
otherwise.      
(c)  We  may  add  a  Convenience  Check Fee INTEREST CHARGE to  the 
Advance balance of  your  Account  except  where  Offer  Materials  specify 
otherwise. 
(d)   We  may add  an Overdraft  Fee INTEREST CHARGE to  the  Advance 
balance of your Account, except where Offer Materials specify otherwise. 

14. Account Fees: 

(a)  We  may  add  a  Promotional  Discount  Transaction  Fee  INTEREST                            
CHARGE for each Promotional Discount you receive during the billing cycle, 
as outlined in any Offer Materials 
(b) Annual Membership Fee. Each year, the Account may be subject to your 
payment in advance of  an Annual Membership Fee INTEREST CHARGE 
which will compensate us for maintaining and servicing the Account for the 
following year. This  fee will  be  charged to the Purchase balance of your 
Account. 
(c) We may add a Late Payment Fee to the Purchase balance of the Account if 
your Minimum Payment is not received by the Payment Due Date shown on 
the monthly Account statement.   
 (d) There is no Overlimit Fee on your Account.               
(e) We may add a  Returned Payment Fee to  the Purchase balance of the 
Account if any payment on the Account is not honored or if we must return it to 
you because it cannot be processed. A check that is returned unpaid will be 
sent for collection.  
(f) We will add a Duplicate Documentation Fee to the Purchase balance of the 
Account for  each copy  of  a  monthly statement,  sales  slip,  refund slip, or 
Advance slip that you request. There will be no charge for documentation 
requests made in connection with a billing error notice, if our investigation 
indicates a billing error occurred. 
(g) We may add a service charge to the Purchase balance of the Account if you 
call us to make a payment on your Account and are assisted by a Cardmember 
Service Representative to  make  the  payment.  You will  be  provided with 
confirmation of the service charge before the payment transaction is authorized.  
(h) We may add a Stop Payment Check Fee to the Purchase balance of your 
Account if you request a stop payment on a Convenience Check.  (See "Paying 
and  Stopping Payment on Convenience Checks" section  above for  more 
details.) 

 Under no circumstances will your Late Payment Fee or Returned Payment Fee ever 
be greater than your Minimum Payment due and under no circumstance will your 
Overlimit Fee ever be greater than the amount your balance is overlimit. 
IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

15.  BalanceShield or Insurance  Charges: Your purchase of BalanceShield debt 
cancellation or credit life insurance and disability is optional.  Whether or not you 
purchase BalanceShield or credit insurance will not affect your application for credit 
or the terms of  any existing credit agreement you have with us.    If  you elect to 

 
 
 
 
 
 
 
 
 
   
 
 
            
 
purchase BalanceShield or credit insurance and are eligible to participate, the 
monthly program fee or premium (at the rate disclosed to you) will be added to the 
Purchase balance as of the closing date of each billing cycle based upon the Account 
balance  (including  accrued  INTEREST  CHARGES). 
terms  of  your 
BalanceShield coverage will be summarized in the BalanceShield Debt Cancellation 
Program Agreement, which will be provided to you upon enrollment. For credit 
insurance, the terms of your insurance coverage will be summarized in the Certificate 
of  Insurance, which will be provided to you. These features are not offered for 
Secured Accounts. 

  The 

16. Credit Limit: The Account Credit Limit is the maximum amount of credit available 
under the Account at  any time. Under certain circumstances, your Account may 
exceed the Credit Limit and you will be responsible for the full amount of the Credit 
Limit as well as any amounts owed that exceed the Credit Limit, including fees and 
INTEREST CHARGES.   You may not request or obtain additional Advances or 
Balance Transfers once you have reached your Credit Limit.  The initial Credit Limit 
is  shown on  the  Card carrier and  will  also  appear on  your  monthly Account 
statements.  We reserve the right to review your Account at any time and increase 
or  decrease your  Credit  Limit.    Cosigner consent is  required for  Credit Limit 
increases. You may not increase your Credit Limit by carrying credit balances over 
the Credit Limit we make available to you.  (Also see the “Advance Limits” section 
above for more information about limits on Cash Advance, Cash Equivalent Advance 
and telephone transfer transactions). 

17. Payment: You must  pay us  in U.S.  Dollars with  checks or  similar payment 
instruments drawn on a financial institution located in the United States.  We will also 
accept payment in U.S. Dollars via the Internet or phone or previously established 
automatic payment transaction.  We may, at our option, choose to accept a payment 
drawn on a foreign financial institution.  However, you will be charged and agree to 
pay any collection fees required in connection with such a transaction.  The date you 
mail a payment is different than the date we receive that payment.  For purposes of 
this Agreement, the payment date is the day we receive your check or money order 
at the address specified on your monthly Account statement or the day we receive 
your electronic or phone payment.  If  you mail your payment without a payment 
coupon or to an incorrect address, it may result in a delayed credit to your Account, 
additional INTEREST CHARGES, fees, and possible suspension of your Account.  

18.   Minimum Payment: Each month, you must pay at least the Minimum Payment 
and any past due Minimum Payment(s) by the Payment Due Date shown on your 
monthly Account statement. You may, at your option, pay more than the Minimum 
Payment or pay the New Balance (as stated on your monthly Account statement) in 
full to  reduce or avoid the INTEREST CHARGE for the Account. Your Minimum 
Payment will be  calculated as follows:    first  we  determine the “Base Minimum 
Payment,” which is the greater of $30.00 or 1% of your New Balance not including 
items (1) and (2) below, which, if not a whole dollar amount, will be rounded to the 
next highest dollar.  To the Base Minimum Payment, we may add one or more of the 
following items, as incurred on your Account: (1) any late, annual and/or any other 
Account related fee, (2) the INTEREST CHARGE, and (3) if your Account is over the 
Credit Limit, some or all of the balance amount over your Credit Limit. If the resulting 
Minimum Payment is greater than $30.00, the total , if not a whole dollar amount, is 
then rounded to the next  highest dollar not to exceed your New  Balance. Any 
Minimum Payment or additional amount you pay each month will not prepay any 
future Minimum Payments required, or change your obligation to make at least a 
Minimum Payment by the Payment Due Date.  Any statement credit that results from 
a promotional offer or rewards redemption, if applicable, will only be applied to the 
Account balance and not satisfy any portion of the Minimum Payment requirements 
for this Account. 

19. Payment Application:  If we cannot collect on your check or other payment item 
you send us to pay on your Account, we may post as an Advance transaction an 
amount equal to the credit previously given to you for such check or payment item 
and we may charge interest on this amount from the date your Account originally was 
credited for the payment. After a payment has been made, we reserve the right to 
withhold available credit in the amount of the payment for 7 business days. Any credit 
available before the payment is made will continue to be available for use during this 
time. 

20.  Skip  Payment  Option:  We  may,  at  our option,  occasionally offer  you  an 
opportunity to skip your obligation to make the Minimum Payment due. You may not 
skip payments unless we make this offer to you.  If  we offer you an opportunity to 
skip a payment more than once in a 12 month period, you will not be permitted to 
skip payments required in consecutive months. You cannot accept a skip payment 
offer if your Account is delinquent, or is in Default. When you take advantage of a 
skip payment offer, the interest will continue to accrue on the entire unpaid balance 
of your Account.  

21. Change of Address: Your monthly Account statements and notices about your 
Account will be sent to the address you provided in your application or your response 

to our Account solicitation. To change your address, you must call or write to us. We 
must receive this information 21 days before the date a billing cycle closes to provide 
your monthly Account statement at your new address.   If you have an address 
change within 45  days  of  the  expiration date of  your  Card(s), please contact 
Cardmember Service with your new address so your new Card(s) can be mailed to 
your new address. We may also update your address in our records without a request 
from you if we receive an address change notice from the U.S. Postal Service or if 
we receive updated address information from our mail services vendor. 

22. Authorized Users: You agree not to allow access to your Card, Account number, 
Convenience Checks, or personal identification number (PIN) to anyone else to use 
your Account, except by asking us to issue a card to grant Account access to another 
person.  If you allow access to your Card or Account information, you will be liable 
for any charges made by that person, unless and except as expressly required by 
applicable law.  You agree to be responsible for all Account transactions made by a 
Cardmember, or anyone who you have authorized by (a) asking us to issue a Card 
to grant Account access to  another person; (b) lending your Card to or allowing 
Account access by another person; or (c) any other way in which you would be legally 
considered to have allowed another person to use your Account or to  be legally 
prevented from denying that you did so.  Be cautious when allowing another person 
to  become an authorized user of  your Account; once you allow authority to  any 
authorized user you cannot limit that authority unless the Account is closed to future 
transactions.  You, as a primary or joint Cardmember must call or write us with any 
request to cancel and remove a person’s authority. We will not provide any Account 
information to anyone other than you and any Authorized Users.  Authorized Users 
have no right to make any Account changes or inquiries. 

23. Lost or Stolen Card or Other Information: You must notify us immediately by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen or 
there is possible unauthorized use of your Card, Account, or PIN. You will not be 
liable for unauthorized use of your Account.  If this happens, we will ask you and all 
other persons given Account access to return all Cards and unused Convenience 
Checks to us. In addition, we have the right to close your Account and open a new 
Account. If we do so, new Cards will be issued.  If requested, we may issue a new 
PIN and new Convenience Checks for your new Account. 

24.  Using Your Card for International Transactions:  
Visa: You may use your Card for retail Purchases at foreign merchants and for cash 
withdrawals from foreign ATMs. Some merchant and ATM transactions, even if you 
and/or the merchant or ATM are located in the United States, are considered foreign 
transactions under the applicable rules, in which case we  will add the  Foreign 
Transaction  Fee  INTEREST  CHARGE  described in  the  addendum  to  those 
transactions. We do not control how these merchants, ATMs, and transactions are 
classified for this  purpose. The exchange rate in effect when the transaction is 
processed may differ from the rate in effect on the date of the transaction or the date 
of the posting of the transaction to your Account.  

If you use your Card at a merchant or an ATM that bears the Visa logo (and no PLUS 
System logo), the transaction will be processed through the Visa system and will be 
converted to U.S. Dollars according to the applicable rules established by Visa from 
time to time. Currently, the currency conversion rate used by Visa to determine the 
foreign currency transaction amount in U.S. Dollars is determined by multiplying the 
amount of the foreign currency transaction times (a) a rate selected by Visa from the 
range of rates available in wholesale currency markets for the applicable central 
processing date, which rate may vary from the rate Visa itself receives, or (b) the 
government-mandated rate in effect for the applicable central processing date. If your 
foreign transaction is in foreign currency prior to being processed by Visa, we will 
add a Foreign Transaction Fee INTEREST CHARGE of up to 3.00% of the Purchase 
transaction or up to 3.00% of the ATM transaction. If your foreign transaction is in or 
converted to U.S. Dollars prior to being processed by Visa, we will add a Foreign 
Transaction Fee INTEREST CHARGE of up to 3.00% of the Purchase transaction or 
up to 3.00%  of the ATM transaction. If you use your Card at an ATM that bears only 
the PLUS System logo (and no Visa logo), the transaction will be processed through 
the PLUS System and will be converted into U.S. Dollars at the exchange rate 
established, from time  to  time,  by  the operator of that  ATM.  To  the  converted 
transaction we will not add a Foreign Transaction Fee INTEREST CHARGE.  If you 
use your Card at an ATM that bears both the Visa and PLUS System logos, the ATM 
operator will determine whether to send your transaction over the Visa or PLUS 
System network using such network's respective currency conversion rules then in 
effect (as explained above).       

Mastercard:  You may use your Card for retail Purchases at foreign merchants and 
for cash withdrawals from foreign ATMs that bear either the PLUS System or the 
Mastercard logo.  Some merchant and ATM transactions, even if  you and/or the 
merchant  or  ATM  are  located  in  the  United  States,  are  considered foreign 
transactions under the applicable Mastercard rules, in which case we will add the 
Foreign Transaction Fee INTEREST CHARGE described in this section to  those 
transactions.  We do not control how these merchants, ATMs, and transactions are 

 
 
 
 
 
 
 
 
 
 
 
classified for this purpose.  The currency conversion rate in effect on the processing 
date may differ from the rate that would have been used on the date of the transaction 
or the date of the posting of the transaction to your Account.   

If you effect a transaction at a merchant or an ATM that bears the Mastercard logo 
(and no PLUS System logo) with your Mastercard Card in a currency other than U.S. 
Dollars, Mastercard International Incorporated will convert the transaction into a U.S. 
Dollar amount  using its  currency conversion procedure, which is  disclosed to 
institutions that issue Mastercard cards. Currently, the currency conversion rate used 
by Mastercard International to determine the foreign currency transaction amount in 
U.S. Dollars for such transactions is generally either a government mandated rate or 
a wholesale rate determined by Mastercard International for the processing cycle in 
which the transaction is processed.  If your foreign transaction is in foreign currency 
prior to being processed by Mastercard, we will add a Foreign Transaction Fee 
INTEREST CHARGE of up to 3.00% of the Purchase transaction or up to 3.00% of 
the ATM transaction. If your foreign transaction is in or converted to U.S. Dollars prior 
to being processed by Mastercard, we will add a Foreign Transaction Fee INTEREST 
CHARGE of up to 3.00% of the Purchase transaction or up to 3.00% of the ATM 
transaction. 

If  you use your Card at an ATM that bears only the PLUS System logo (and no 
Mastercard logo), the transaction will be processed through the PLUS System and 
will be converted into U.S. Dollars at the exchange rate established, from time to 
time, by the operator of that ATM.  To the converted transaction we will add a Foreign 
Transaction Fee INTEREST CHARGE. 

If you use your Card at an ATM that bears both the Mastercard and PLUS System 
logos, the ATM operator will determine whether to send your transaction over the 
Mastercard  or PLUS System network using such network’s respective currency 
conversion rules then in effect (as explained above).  

YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT 

25. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance 
Transfers, INTEREST CHARGES, Account Fees and charges, any other transaction 
charges as provided in this Agreement and, to the extent permitted under applicable 
law, attorneys fees and collection costs we incur enforcing this Agreement against 
you. This is the case even if your Account is only used by one of you, or is used by 
someone authorized by only one of you. If there is more than one Cardmember, each 
of you is  responsible, together and separately, for the full amount owed on  your 
Account. Your obligation to pay the Account balance continues even though an 
agreement, divorce decree, court judgment, or other document to which we are not 
a party may direct another person responsible to pay the Account.   

26. Intent to Repay: Every time you use your Account, you represent to us that you 
intend to and have the ability to  repay your Account obligations. We rely on this 
representation every time you use your Account. 

27. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement 
with us about any amount you owe by sending a check on which you have written 
"Payment in Full" or similar language, you must send us a written explanation of the 
disagreement or dispute and any such check to Cardmember Service. (See Your 
Billing Rights section below for complete details.) This address is different than the 
address you use to make Account payments. Writing “Payment in Full” or similar 
language on the check will not be enough to resolve the dispute. If we collect a check 
or any payment instrument marked “Payment in Full” that you sent to an address 
other than the one provided in the Cardmember Agreement issued with your Card 
(such as the address at which you normally make payments), we will not have waived 
our right to collect any remaining amount you owe us under the terms of your Account 

28. Default: You and your Account will be in Default if:  

(a) we  do  not receive the  Minimum Payment by the  Payment Due Date 
disclosed on the monthly Account statement; 
(b) you violate any other provision of this Agreement;  
(c) you die without a surviving joint Cardmember; 
(d) you become insolvent, assign any property to your creditors, or go into 
bankruptcy or receivership; 
(e) you have made false statements on your Account application or in the 
maintenance of your Account; 
(f) we have any reason to believe that your Account is in danger of, or is being 
used for fraud; 
(g) you are a married community property state resident and you or we receive 
a written termination notice of this Agreement from your spouse;  
(h) your Account becomes inactive;   
(i) anything happens that we believe in good faith materially increases the risk 
that  you will not live up to  your payment and other obligations under this 
Agreement; or 

(j) this is a joint Account and one of you notifies us that he or she wants the 
Account closed or will no longer be liable on the Account. 

 You and your Account may also be in Default if you make transactions which go over 
your Credit Limit. 

29. Illegal Purchases: You agree that you will not use or permit an Authorized User 
to use the Card or Account for any unlawful purpose, such as funding any account 
that is set up to facilitate online gambling 

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

30. Ownership of this Account: Your Card and any other Account access devices that 
we supply to you are our property and must be immediately returned to us or our 
designated agent or otherwise destroyed or surrendered as we instruct.  

31. Changes to your Account: Account and Agreement terms are not guaranteed for 
any period of time; we may change the terms of your Agreement, including APRs 
and fees, in accordance with applicable law and the terms of your Agreement. Your 
transactional experience with us may also cause a change, including an increase in 
the margin that is added to the Index, an increase in fees, or a decrease in the Credit 
Limit. Factors considered in determining the increased rate or Credit Limit decrease 
may include your general credit profile, existence, seriousness and timing of the 
defaults under any agreement that you have with us, and other indications of the 
Account usage and performance. We will give you notice of any such change in the 
manner required by law.   Revised Account terms apply as of the effective date 
communicated in our notice to you unless the notice provides you with the right to 
opt out, and you do opt out, before the effective date.   

32. Cancellation of Your Account: We may cancel your Account or suspend your 
ability to obtain Account credit immediately, without notice, if your  Account is in 
Default. Even if  you are not in Default, we may cancel your Account by providing 
notice to you. You may cancel your Account by notifying us by telephone or in writing. 
If you have a secured Account, your termination request must be made in writing. If 
this is a joint Account, we will honor a request by either of you to cancel the Account. 
After the Account is cancelled, you will not be able to obtain additional Account credit, 
except that, (a) the Account may continue to receive recurring charges for items and 
services until you contact and cancel delivery with the company providing the item or 
service, or (b) under certain circumstances if you use your Account for a transaction, 
the transaction may be posted to your Account.  After your Account is cancelled, all 
amounts outstanding on your Account will be due and payable without notice or 
demand from us. You must cut all Cards and Convenience Checks in half and return 
them to us.  If you do not pay the amount you owe under this Agreement, you will be 
liable for our collection costs including our reasonable attorney fees and expenses of 
legal actions, to the extent permitted by applicable law. 

33. Assignment of Your Account to Another Creditor: We may assign, sell or transfer 
your Account and amounts owed by you to another creditor at any time. If we do, this 
Agreement will still be in effect unless and until amended, and any references made 
in this Agreement to “we”, “us”, or “our” will refer to the creditor to which we assigned, 
sold or transferred your Account or amounts owed under your Account. You may not 
delegate your obligations and responsibilities to us to any third party without our 
express written consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving you 
credit or collecting amounts owed on your Account. You agree that a consumer credit 
report may be requested periodically from one or more consumer reporting agencies 
(“Credit Bureaus”) and used in connection with your application and any update, 
renewal or extension of credit. We will provide information about you, your Account 
or your credit history to Credit Bureaus and others who may properly receive that 
information. 

35. Credit Bureau Disputes: If you believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the Consumer 
Recovery Department, Attn.: CBR Disputes, P.O.  Box 108, St. Louis, MO  63166-
9801.  

36.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy 
Pledge was included with your original Agreement.  We also keep copies of our 
Privacy Pledge in financial institution offices and post it on our web site.  Our Privacy 
Pledge describes how we collect, protect and use confidential financial and other 
information about you and the circumstances in which we might share information 
about you with members of our corporate family and with unaffiliated third parties. 
Our Privacy Pledge also tells you how you can (a) limit the ways we share certain 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
kinds of information about you and (b) request corrections to the information we 
maintain about you. 

37. Refusal to Honor Transactions: We and our agents are not responsible if anyone 
refuses to  honor your Card or a  Convenience Check, or if  authorization for a 
particular transaction is not given. Although you may have credit available under your 
Account, we may  be unable to authorize credit for a particular transaction. The 
number of transactions you make in one day may be limited, and the limit per day 
may vary.  These restrictions are for security reasons and as a result we cannot 
explain the details of how this system works. If your Account is over the Credit Limit 
or delinquent, authorization of credit for transactions may be declined. We are not 
responsible for anything purchased with your Card or a Convenience Check, except 
as expressly required by applicable law (see Your Billing Rights section below for 
more details). You must return goods you purchased with the Card or Account to the 
merchant and not to us.  

38. Third Party Offers: From time to time, third parties may provide you with benefits 
not related to the extension of Account credit. We are not liable for these features, 
services and enhancements, as they are the sole responsibility of the third party 
provider. We and/or a third party may add, change or delete entirely these benefits 
without notice or liability to you, to the extent permitted by applicable law. You agree 
to hold us harmless from any claims, actions or damages resulting from your use of 
any of these features, services or enhancements, where permitted by applicable law. 

39. Monitoring and Recording Communications: You understand and agree that we, 
and anyone acting on our behalf, may monitor and/or record any communications 
between you, or anyone acting on your behalf, and us, or anyone acting on our 
behalf, for quality control and other purposes.  You also understand and agree that 
this monitoring or recording may be done without any further notice to you or anyone 
acting on your behalf.   The communications that may be monitored or recorded 
include telephone calls, cellular or mobile phone calls, and any other communications 
in any form.    

40. Severability: If a court of competent jurisdiction finds any part of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in effect 
as written after any such illegal or unenforceable portion is amended in conformance 
with applicable law or, if necessary, voided.  

41. Entire Agreement: This version of the web Agreement replaces any previous 
versions of the web Agreement. The Agreement, as modified by any change in terms 
we may deliver from time to time in accordance with applicable law, constitutes the 
entire agreement between you and us,  and supersedes any prior negotiation, 
agreement, or understanding between you and us concerning the subject matter of 
the Agreement.  

competent jurisdiction).   If JAMS is selected, the arbitration will be handled 
according to its Streamlined Arbitration Rules unless the Claim is for $250,000 
or more, in which case its Comprehensive Arbitration Rules shall apply.  If the 
AAA is selected, the arbitration will  be handled according to its Commercial 
Arbitration Rules.  You may obtain rules and forms for JAMS by contacting 
JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting 
the AAA at 1-800-778-7879 or www.adr.org.   Any arbitration hearing that you 
attend will take place in the federal judicial district where you reside.  At your 
request, we will  advance your filing and hearing fees for any Claim you may 
file against us. If you prevail on your Claim, we will pay your arbitration costs 
and fees, other than attorney, expert and witness fees and expenses.  We will 
also pay any fees or expenses that applicable law requires us to pay.  The 
arbitrator shall apply applicable substantive law consistent with the Federal 
Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited to applicable 
statutes of limitation, and shall honor claims of privilege recognized at law.  
Judgment upon  the award rendered by the arbitrator may be entered in  any 
court having jurisdiction.  

(c) This Arbitration  Provision shall survive repayment of  your extension of 
credit and termination of your Account.   This Arbitration Provision shall be 
governed by federal law, including the Federal Arbitration Act, and by Ohio law, 
without regard to its internal conflict of law principles, to the extent such state 
law  does  not  conflict  with  federal  law  or  this  Arbitration  Provision.  This 
Arbitration  Provision shall not  apply to a party who  is  a covered borrower 
under  the  Military  Lending  Act.    Notwithstanding  any  language  of  this 
Agreement to the contrary, should any portion of this Arbitration Provision be 
held  invalid  or  unenforceable  by  a  court  or  other  body  of  competent 
jurisdiction, this entire Arbitration Provision shall be automatically terminated 
and all other provisions of this Agreement shall remain in full force and effect. 

Federal law provides important protections to members of the Armed Forces and 
their dependents relating to extensions of consumer credit. In general, the cost of 
consumer credit to a member of the Armed Forces and his or her dependent may not 
exceed an  annual percentage rate of  36  percent.  This  rate  must  include, as 
applicable to the credit transaction or account: the costs  associated with credit 
insurance premiums; fees for ancillary products sold in connection with the credit 
transaction; any application fee charged (other than certain application  fees for 
specified credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). For a verbal transcript of this 
disclosure, please call 1-877-292-1682. 

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. 

42. Waiver: We do not give up our rights under the Agreement or applicable law when 
we fail to exercise or delay exercising those rights. Our failure or delay to exercise 
any right or remedy we have against you does not mean that we waive that right. 

What to Do If You Find a Mistake on Your Statement: 
If you think there is an error on your statement, call or write to us. 

43.  Arbitration Provision: 
(a)   You agree that either you or  we can choose to have binding arbitration 
resolve any claim, dispute or controversy between you and us that arises from 
or  relates to  this Agreement or  the Account and credit  issued thereunder 
(individually and collectively, a "Claim").  This does not apply to any Claim in 
which the relief sought is within  the jurisdictional limits  of, and is filed in, a 
small claims  court.  If  arbitration is chosen by any party, the following  will 
apply: 

(1)   NEITHER YOU NOR  WE  WILL HAVE THE  RIGHT  TO  LITIGATE  A 
CLAIM  IN  COURT  OR  TO  HAVE A JURY TRIAL  ON  A  CLAIM,  OR  TO 
ENGAGE  IN  PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED 
FOR IN THE APPLICABLE ARBITRATION RULES.  
(2) Arbitration  will  only  decide our  or  your  Claim,  and  you  may  not 
consolidate or join  the claims of other persons who  may have similar 
claims.    YOU  WILL  NOT  HAVE THE  RIGHT  TO  PARTICIPATE AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS 
A  PRIVATE  ATTORNEY  GENERAL,  PERTAINING  TO  ANY  CLAIM 
SUBJECT TO ARBITRATION.  
(3) The arbitration will  be performed in accordance with this Arbitration 
Provision and the rules of the chosen arbitrator in effect when the Claim 
is filed.   
(4)  The arbitrator’s decision will  generally be final and binding,  except 
for the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also not 
be available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or the 
American Arbitration Association ("AAA") (or,  if neither of these arbitration 
organizations will serve, then a comparable substitute arbitration organization 
agreed upon by the parties or, if the parties cannot agree, chosen by a court of 

In your letter or call, give us the following information: 
•  Account information: Your name and Account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe 

what you believe is wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong. 

What Will Happen After We Receive Your Letter or Call: 
When we receive your letter or call, we must do two things: 
1.  Within 30 days of receiving your letter or call, we must tell you that we received 
your letter.  We will also tell you if we have already corrected the error. 
2.  Within 90 days of receiving your letter or call, we must either correct the error 
or explain to you why we  believe the bill is  correct.   While we investigate 
whether or not there has been an error: 
•  We  cannot try  to  collect the  amount in  question, or  report you as 

• 

delinquent on that amount. 
The charge in question may remain on your statement, and we may 
continue to charge you interest on that amount. 

•  While  you  do  not  have  to  pay  the  amount in  question, you  are 

responsible for the remainder of your balance. 

•  We can apply any unpaid amount against your Credit Limit. 

After We Finish Our Investigation, One of Two Things Will Happen: 

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
• 

• 

If we made a mistake, you will not have to pay the amount in question or any 
interest or other fees related to that amount. 
If we do not believe there was a mistake, you will have to pay the amount in 
question, along with applicable interest and fees.  We will send you a statement 
of the amount you owe and the date payment is due.  We may then report you 
as delinquent if you do not pay the amount we think you owe.  If you receive 
our explanation but still believe your bill is wrong, you must write to us within 
10 days telling us that you still refuse to pay.  If  you do so, we cannot report 
you as delinquent without also reporting that you are questioning your bill.  We 
must tell you the name of anyone to whom we reported you as delinquent, and 
we  must  let  those organizations know when the matter has been settled 
between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question even if your bill is correct. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER 
CHECKS. 

z01_ELAN_CLASSIC_GOLD_PLAT  

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 
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.) 
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. 
You must not yet have fully paid for the purchase. 

2. 

3. 

If  all of the criteria above are met and you are still dissatisfied with the purchase, 
contact us in writing.   While we investigate, the same rules apply to the disputed 
amount as discussed above.  After we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an amount and you do not pay, we may 
report you as delinquent.