HSBC CARDMEMBER AGREEMENT AND ACCOUNT  OPENING TABLE  

PART 1 OF 2: AGREEMENT 

1.  ABOUT THIS AGREEMENT  
Part 1 and 2 together make your Cardmember Agreement and Account Opening Table (“Agreement”) 
and govern your Credit Card Account with us (your “Account”). Part 1 contains Terms and Conditions. 
Part 2 contains Annual Percentage Rate (“APR”) and fee information. Please read and keep both parts of 
this Agreement. 
This Agreement includes an Arbitration provision.  If you are a Servicemember or dependent covered by 
the protections of the Military Lending Act, the Arbitration provision  does not apply to you.  

2.  KEY TERMS  
“You” and “your” means each person who:  
• Applied for this Account, and/or  
• agrees to pay for the Account. “We,” “us,” and “our” means HSBC Bank USA, N.A.  “Agreement” 
means Parts 1 and 2 of this document and any supplements or amendments. “Card” means any card, 
card number or other device we issue to access your Account.  “Network” means Visa International, 
Mastercard International Incorporated or other governing credit card network, as applicable.  

3.  USING YOUR ACCOUNT  
Your card must be signed before using. When you receive this Agreement, use the Account, or sign or 
keep the Card, you agree to:  
• the terms of this Agreement; plus  
• any amendments or supplements to the Agreement.  
TYPES OF USE  
You may use your Account for:  
• Purchases;  
• Balance Transfers;  
• Check Transactions;  
• and Cash Advances. We may limit the amount and/or frequency of any type of use at any time. Cash 
Advance transactions are considered:  
• ATM withdrawals  
• Overdraft transactions  
• Checks used for purposes other than Balance Transfers  
• Over the counter (at bank) 
•  Other “cash like” transactions, such as purchasing money orders, gaming transactions, or purchasing 
lottery tickets.  

ALLOWED USE  
You agree to:  
• use your Account only for lawful purposes 
•  use your Account for only personal, family, household,  or charitable purposes; and  
•  repay us for all costs related to uses not allowed under this Agreement.  

 
 
 
 
 
 
 
You are not allowed to use your Account: 
• To make payments to this credit card or any other loan payments to us or our affiliates; or for internet 
gambling. If you have given permission  to use this card to someone, these transactions are not 
considered unauthorized and you will be liable for these purchases.  
USING THE ACCOUNT   
At times we may:  
• decline a transaction if there is not enough available credit and for any other reason; and/or  
• require our Authorization before allowing a transaction. 

Any merchant may request to check your ID - We are not liable if:  
• a merchant refuses your card; and/or • we do not complete your transaction for any reason.  

4.  CREDIT LIMIT  
When we first send your Card, we will tell you:  
• the total credit limit on your Account.  
• the total cash advance limit on your Account. We may change these limits from time to time.  
Whenever this occurs, we will notify you:  
• on your billing statement; and/or  
• by sending a notice.  

You agree to:  
• Keep your Account balance (which includes interest and other charges) within your credit limit; and  
• Pay any over limit amount that might occur. Your available credit may not reflect your payments for up 
to 14 days. If a transaction exceeds your available credit, we may decline it.  

INTEREST RATES  

5. 
ABOUT YOUR APRs  
Your APRs are shown in Part 2. A Daily Periodic Rate is used to determine your Interest Charges in any 
billing cycle. To determine this rate, we divide your APR by 365; then round this number up to the next 
hundred thousandth of a percentage point.  

PROMOTIONAL OR INTRODUCTORY APR  
We may offer you special Promotional or Introductory APRs from time to time. If we do, we will tell you: 
• The eligible transaction types;  
• how long this APR will last; and  
• any other special terms of the offer.  

HOW A VARIABLE RATE MAY CHANGE  
Your variable APRs can change with each monthly billing cycle. We will apply each APR to the applicable 
balance for each type of Transaction. Each variable APR will be equal to:  
a) the amount shown in Part 2 (“Spread”); plus  
b) the U.S. “Prime Rate” as defined below. The Prime Rate will be as shown in the Money Rates table of 
The Wall Street Journal that is in effect on the last day of the month. Any changes in the Prime Rate will 
take effect on the first day of your billing cycle beginning in the next month. An increase in the U.S. 
Prime Rate will increase your Daily Periodic Rates. It may also increase your:   
• Interest Due; and/or  
• Minimum Payment Due. 

 
 
 
 
 
 
 
 
ABOUT THE PENALTY APR 
HSBC Premier World Elite Mastercard®, HSBC Premier World Mastercard®, HSBC Advance Mastercard®, 
HSBC Cash Rewards Mastercard®, HSBC Platinum Mastercard®, HSBC Platinum with Rewards 
Mastercard®, HSBC Cash Rewards Mastercard® Student Account - Penalty APR will apply to both new 
and existing transactions. We review your Account every 6 months after the Penalty APR is applied. The 
Penalty APR will continue to apply until after you have made timely payments during the 6 months being 
reviewed. 

HSBC Gold Mastercard® - Penalty APR does not apply 

INTEREST CHARGES  

6. 
HOW INTEREST CHARGES ARE CALCULATED  
To determine your periodic Interest Charges on each billing statement, we:  
• Determine the Average Daily Balance for each type of transaction; (for example, purchases, balance 
transfers, and cash advances); then  
•  Multiply this number by the applicable daily Periodic Rate: then  
• Multiply this number by the total number of days in the billing cycle. We use the applicable Daily 
Periodic Rate in effect on the billing statement closing date. 

HOW DAILY BALANCE IS DETERMINED  
To determine your Daily Balance, we:  
• Take the beginning balance for each type of transaction that day; then  
• Add the following that were incurred on that day:  
a) Any new transactions;  
b) Any previous day’s periodic Interest Charges;  
c) Any Finance Charges; and  
d) Any fees and charges, then  
•  Subtract any payments and/or credits. We also make any needed adjustments. For example:  
• If a transaction posts after, but occurs before the start of a billing cycle, we may adjust the amount 
above to include this transaction. It will be included as of the first day of the billing cycle in which it 
posts.  
• If your Account is subject to a grace period during the billing cycle, your payments will be subtracted 
from all Daily Balances in the current billing cycle.  
•  If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of 
the billing cycle, we will make this adjustment: The applicable Daily Balance(s) and any related Interest 
Charge calculations will be adjusted to include the transaction amount as of the date of the original 
payment or transaction.  To calculate your Average Daily Balance, we:  
• Add the Daily Balances for each day of the billing cycle; then  
• Divide this total by the number of days in the billing cycle. 

PAYING INTEREST  
Your due date is at least 25 days after the close of each billing cycle. Your Account has a grace period on 
purchases. We will not charge you interest on new purchases if you pay your previous non-promotional 
balance including fees and Interest Charges, by the due date each month. We will begin charging 
interest on cash advances and balance transfers on the transaction date, unless, under the terms of the 
promotional offer, no interest will accrue during the promotional offer period, provided your account 
remains in good standing. However, no Interest will be charged on new purchase for any billing cycle 
when:  

 
 
 
 
 
• You paid your entire non-promotional balance plus any fees and finance charges in the previous 
month on time; and  
• You pay your entire current month’s non-promotional  balance plus any fees and finance charges on 
time as well.  

7.  PAYMENTS 
 PROMISE TO PAY 
 You promise to pay for all:  
• credit we extend; plus  
• Interest Charges and other fees or charges; plus  
• collection costs and attorney fees as allowed by law. 

 If your Account is a joint Account, each of you is jointly and individually responsible  for amounts due. 
This remains true in the event of death, divorce or other events that affect liability between you and the 
other person.  

If any joint Account holder requests to not be liable for future transactions, we may close the Account.  

HOW WE APPLY PAYMENTS  
• When you make a payment, we apply the Minimum Payment Amount Due to the balance on your 
monthly statement with the highest APR first.  
•  Payment amounts in excess of your Minimum Payment Due will be applied to balances with higher 
APRs before balances with lower APRs.  
•  We apply payments to balances appearing on your monthly billing statement before being applied to 
new transactions. An example of a new transaction is a recent purchase or cash advance that has not yet 
been included in the New Balance as shown on your statement. 

 If you do not pay your non-promotional  balance in full each month, you may not be able to avoid 
interest charges on new purchases.  

MINIMUM PAYMENT DUE  
Your Minimum Payment Due (“Payment Due”) each billing cycle will be as follows:   
1. If your New Balance is $25 or less, your Payment Due is equal to your New Balance.  
2.  If your New Balance is more than $25, your Payment Due is equal to any amount past due, plus the 
greater of:  
a) $25;  
b) 1% of your New Balance; plus  

--Billed Late Payment Fees plus  
--Billed Interest Charges Unless your Payment Due is equal to your new Account balance, it will 
be rounded up to the nearest dollar. 

WHEN AND HOW TO PAY  
You agree to:  
• Pay at least the Minimum Payment Due as shown on your billing statement, and described in this 
Agreement.  
•  Make this payment in time to be credited by no later than the Payment Due Date. If you wish, you 
may pay more than the Minimum Payment Due or the entire balance at any time.  
Payments must be:  
• made in U.S. dollars; and  

 
 
 
 
 
 
• paid from a U.S. financial institution, and sent in a form that is acceptable to us.  
Acceptable forms of payment include:  
• a check or money order; or  
• an electronic funds  transfer.  

If you want to write any special conditions on your payment, such as “paid in full”, “without recourse”, 
or similar language, you must mark this clearly on your payment. Send this payment to the address 
noted on your statement as the “Billing Inquiry” address. Unless you follow the above directions, we 
may accept a payment marked with special conditions  and not agree to those conditions, and will not 
lose any of our rights.  

By sending us a check for payment on your Account, you authorize us either to:  
• use information from your check to initiate an electronic fund transfer from your payment account 
according to the terms of the check; or  
• to process this transaction as a check.  
When we use your check to make an electronic funds transfer:  
• funds may be withdrawn from your payment account the same day we receive your payment: and  
• you will not receive your check back from your bank.  
When you use our optional payment by phone service, you agree that:  
• we may make an electronic funds transfer from the bank account you choose; or  
• we may process the payment the same way we would process a check. You authorize the amount and 
timing of each payment. Please retain this authorization for your records. 
 If your payment is returned:  
• the amount you paid will be reversed back to your Account and may be applied to a different category 
than originally posted; and  
• interest Charges may be restored back to the payment date at the APR for that transaction.  

8. FEES AND INTEREST CHARGES TREATMENT OF FEES AND INTEREST  
Any fees or Interest will be added to your purchase balance unless otherwise stated in this Agreement.  

MINIMUM INTEREST CHARGE  
If you are charged Interest, the charge will be no less than the Minimum Interest Charge listed in Part 2. 
The Minimum Interest Charge will be Allocated to each balance category subject to an Interest Charge.   

BALANCE TRANSFER FEE  
This fee is shown in Part 2. This fee:   
• applies to balance transfers; and  
• is charged as of the date the balance transfer posts to your Account; and  
• is added to the same balance as the balance transfer; and  
• is a Finance Charge.  

CHECK FEE  
This fee is shown in Part 2. This fee:  
• applies to checks written for other purposes  than Balance Transfers; and  
• is charged as of the date the check posts to your Account; and   
• is added to the same balance as the check; and  
• is a Finance Charge.  

 
 
 
 
 
 
 
CASH ADVANCE FEE  
This fee is shown in Part 2. It applies to:  
• cash you get over the counter (e.g., at a bank);  
• cash you get at an ATM; and  
• other “cash-like” transactions (such as money orders, travelers checks, casino chips, or lottery tickets).  
This fee is:  
• charged as of the date the transaction posts to your Account; and  
• added to the cash advance balance; and  
• a Finance Charge.  

OVERDRAFT TRANSACTION FEE  
This fee is shown in Part 2.   
This fee:  
• is only applicable to HSBC credit card Accounts providing overdraft protection to designated HSBC 
Bank deposit accounts;  
• applies if your Account is utilized to cover any overdraft on your designated deposit account; and is 
computed on the amount of each overdraft transaction; and   
• added to the cash advance balance; and  
• is a Finance Charge. 
 If you requested overdraft privileges:  
• we will lend you from your available cash advance credit limit the amount needed to cover any 
overdraft due to insufficient funds  on the HSBC Bank deposit account;  
• we will transfer to the deposit account the amount of the overdraft, rounded to the next full dollar  
• we may not make a transfer if you do not have sufficient unused credit available or are delinquent, in 
this case:  
The overdraft will be subject to the usual deposit account rules and Fees.  
• we have the right to cancel this Account or your overdraft loan  privileges at any time.  

ANNUAL FEE  
• If your Account has an Annual Fee, this amount is shown in Part 2 of this Agreement and the chart 
below.  
•  You agree that this fee will be charged to your Account while your Account is open.  
•  We will notify you with a message on the front of your billing statement a month prior to the Annual 
Fee being assessed.  

HSBC Advance Mastercard® $0 Annual Fee during first year of Account Opening $0 for HSBC Advance 
Mastercard® credit card Account customers who have a qualifying U.S. HSBC Advance or Premier 
checking account relationship. $45 for HSBC Advance Mastercard® credit card Account customers who 
no longer have a qualifying U.S. HSBC Advance or Premier checking account relationship.  

HSBC Premier World Mastercard® $0 Annual Fee during first year of Account Opening $0 for HSBC 
Premier World Mastercard® credit card Account customers who have a qualifying U.S. HSBC Premier 
checking account relationship. $95 for HSBC Premier World Mastercard® credit card Account customers 
who no longer have a qualifying U.S. HSBC Premier checking account relationship.   

HSBC Premier World Elite Mastercard® $395 Annual Fee, per year. This fee is assessed  with your first 
billing cycle. $65 for each authorized user, per year.  

 
 
 
 
 
How you can avoid paying an Annual Fee  

• You may be able to product transfer your credit card to another HSBC Mastercard® credit card 
product. Product transfer may result in a change to your APRs and Fees and the loss of eligibility in the 
Rewards Program. Any accumulated Rewards Program Points will be transferred to your new HSBC 
Mastercard® credit card Account, if the HSBC Mastercard® credit card you choose has a Rewards 
Program.  

Close your Premier World, Premier World Elite or Advance Mastercard® credit card Account. If your 
Account is closed you:  

• will not be able to use your Account for new transactions and you will forfeit all your Rewards Program 
Points as of the date the Account is closed.  

Conditions for Annual Fee Reversals  
• If you have not used your Account and you close your Account within 90 days of when the Annual Fee 
was assessed, the Annual Fee will be refunded (if paid) or reversed.  
• If the only balance on your Account is the Annual Fee and you do not pay the Annual Fee within  90 
days from the Payment Due Date on which the said Annual Fee was payable, the Annual Fee will be 
credited and your Account will be closed.  
• If you close your Account before the Payment Due Date on the billing statement on which the Annual 
Fee is assessed, the Annual Fee will be refunded (if paid) or reversed. If your Account is closed, you must 
pay the balance according to the terms of this Agreement. 
•  For Premier World and Advance Mastercard® Accounts if you are assessed  an Annual Fee and have 
paid it in full and subsequently hold a qualifying U.S. HSBC Advance or Premier checking account 
relationship, the prorata portion of any paid Annual Fee will be refunded to you. 

Late Fee: HSBC Premier World Elite Mastercard®, HSBC Premier World Mastercard®, HSBC Advance 
Mastercard®, HSBC Cash Rewards Mastercard®, HSBC Platinum Mastercard®, HSBC Platinum with 
Rewards Mastercard®, HSBC Cash Rewards Mastercard® Student Account – Up to $39 

HSBC Gold Mastercard® - $0 for first missed payment within a 12 month calendar period. After that, up 
to $39 

LATE PAYMENT FEE  
It is charged in any billing cycle that you do not pay at least the Minimum Payment Due by the Payment 
Due Date. The Late Payment Fee for the first time you are late is $28. If another payment is late in the 
next 6 billing cycles then your fee is $39. This fee will not exceed the amount of your Minimum Payment 
Due.  

RETURNED PAYMENT FEE 
 It is charged each time a check or other form of payment to us is returned or not honored. The 
Returned Payment Fee is up to $39.  The Returned Payment Fee will not exceed the amount of your 
Minimum Payment Due.  

COPY REQUEST FEE 
 A fee may be charged each time a copy of a document is requested. The fee amount will be disclosed  at 
the time of your request.  

 
 
 
  
 
 
 
 
FEES AND LIMITS  
The fees that apply to your Account are shown in the purchase balance unless otherwise stated in this 
Agreement. If charging any fee shown in Part 2 would exceed first-year fee limits set by law, we may 
charge an amount allowed by law.  If we do this, it does not affect our ability to charge the full fee 
amount later.  

9.  TRANSACTIONS MADE IN FOREIGN CURRENCIES  
If you make a transaction in a foreign currency, the transaction will be converted by the Network, into a 
U.S. dollar amount in accordance with its operating regulations or conversion  procedures in effect at the 
time the transaction is processed.  The currency conversion rate in effect on the processing date may 
differ from the rate in effect on the transaction or posting date. The Network may change the 
procedures, from time to time, at its own discretion. 

10. YOUR BILLING RIGHTS  
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: HSBC Bank USA, N.A. PO Box 9, Buffalo, NY 14240 or at the address shown on your 
billing 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:  
• 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.  
•  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 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:  
• 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. If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at:  
HSBC Bank USA, N.A. PO Box 9, Buffalo, NY 14240 While we investigate, the same rules apply to the 
disputed amount as decision. 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.  

11. CREDIT REPORTING  
You agree that we may obtain and use credit information about you from others such as:  
• merchants or stores;  
• other lenders;  
• consumer reporting agencies. If you fail to meet the terms of this Agreement, we may send a negative 
report to consumer reporting agencies. If you believe we have reported inaccurate information about 
your Account to any consumer reporting agency, you should:   
• Notify us and ask us to correct the inaccurate information by writing to us at HSBC Bank USA, N.A., PO 
Box 9, Buffalo, NY 14240.  
When you write to us, please include:  
• your Account number; and  
• the specific information you believe is not correct; and why you believe it is not correct.  

12. AUTHORIZED USERS  
You may request to add one or more Authorized Users to your Account. If your request is granted, you 
are responsible  for all charges made by your Authorized Users.  
HSBC Cash Rewards Mastercard® credit card Student Accounts do not qualify for Authorized Users.  
To revoke another person’s permission to use your Account, you must:  
• notify us; and 

 
 
  
 
 
 
•  retrieve and destroy any Cards, checks or other Account access devices from that person. We may 
provide information about this Account to credit reporting agencies for both the Primary Cardmember 
and Authorized Users, if any.  

13. CHANGE OF TERMS  
We may change this Agreement as allowed by applicable law. This may include changing, adding, or 
removing terms. We may do this in response to legal, business, competitive environment or other 
reasons not listed here.  
We may increase the APR on existing balances in limited circumstances. Changes to some terms may 
require at least 45 days advance notice, and we will tell you in the notice if you have the right to reject  a 
change. We cannot change certain terms during the first year of your Account.  

14. ACCOUNT CLOSURE AND DEFAULT  
CARDMEMBER INITIATED ACCOUNT CLOSURE  
You can close your Account at any time by:  
• calling the number on the back of your Card; or  
• mailing your request to the “Billing Inquiries” address noted on your billing statement.  
Once you close the Account: 
 • you will no longer be able to make transactions.  
• you must destroy your Card(s) and any unused credit card checks; and 
 • you will still be responsible  for all amounts owed according to the terms of this Agreement.  
•  If you are enrolled in a Rewards Program, and you close your Account you will forfeit all your Rewards 
Program Points earned as of the date the Account is closed.  

HSBC INITIATED ACCOUNT CLOSURE  
At any time, for any reason, HSBC may take any of these actions subject to applicable law:  
• close your Account;  
• suspend  your access to new credit;  
• reduce your credit limit; and/or  
• not renew your Card. Once HSBC closes your Account:    
• if we close your Account, you agree to destroy your Card(s) and any unused credit card checks.  
•  if your Account is closed for any reason, the terms of this Agreement still apply to Account balances 
until your Account is paid in full.  
•  if your Account is closed you will not be able to use your Account for new transactions and you will 
forfeit all your Rewards Program Points as of the date the Account is closed.  
•  we reserve the right to close your Account if it is inactive. 

ACCOUNT DEFAULT  
We may consider your Account to be in Default if you:  
• fail to make the Minimum Payment Due when due;  
• exceed your credit limit;  
•  become the subject of bankruptcy proceedings, foreclosure, repossession,  lien or judgment, 
garnishment, or attachment;  
• give us misleading, false, or incomplete information;  
• fail to give us a current physical address when you apply and whenever you move;  
• make payments to us that are returned unpaid by your bank or other financial institution; or  
• write any credit card checks that are returned unpaid by us;   

 
 
 
 
 
 
• default under any other agreement or security agreement you have with us or one of our affiliates; 
and/or become incompetent or deceased.  
If we incur any costs to collect your balance owed, including any attorney fees, we may charge you for 
these costs as permitted by applicable law, and we will apply your payments first to these costs.  

15. MISCELLANEOUS  
LOST OR STOLEN CARD/CHECKS  
You agree to notify us immediately if:  
• your Card or credit card checks are lost or stolen; or  
• your Account is used without your permission.  
You may call at any time. The phone number is listed on your billing statement. 

RECURRING BILL PAYMENTS  
If you authorize any company to bill charges on a recurring basis to your Account, we may provide the 
company with information about your:  
• Account number;  
• Account status; and  
• Account expiration date.  
You must notify the company when and if you no longer want to allow them to charge your Account. If 
you default with us or if we change your Account or Account number for any reason:  
• we may refuse or suspend  future recurring charges; and you must set up the recurring charges again 
and/or make other payment arrangements with the company.  

UPDATING YOUR RECORDS  
You agree: 
 • to give us prompt advance notice of any change in your name, mailing address, phone number, or 
employer;  
• to promptly give us accurate financial information about you if we ask for it; and   
• the Department of Motor Vehicles may release your home address to us if we ever need to locate you.  

VOICE CALL/TEXT MESSAGING COMMUNICATIONS  
By providing your phone number(s), you give affiliates, our service providers and us permission to 
contact you by voice call or via text message (SMS); either using an autodialing system and/or using 
prerecorded voice. You do not need to agree to receive these calls or texts in order to receive HSBC 
products or services.  You may opt out of receiving autodialed or prerecorded calls or texts.  

MONITORING PRACTICES  
You agree that we may listen to and record phone calls between you and our representatives.  

ACCOUNT ASSIGNMENT  
We may sell, assign or transfer all or any part of your agreement and Account without notice to you. You 
may not sell, assign or transfer your Account.  
WAIVERS  
If we delay or take no action allowed under this Agreement, for any reason, we will not lose or limit any 
of our rights under this Agreement on any other occasion.  

 
 
 
 
 
 
 
 
 
 
 
SEVERABILITY  
If a term is found  to be invalid under any applicable law, rule or regulation, then all other terms of this 
Agreement will remain valid.  

APPLICABLE LAWS  
This Agreement is governed by Virginia law (without regard to its conflict of laws principles) and federal 
law. We make our credit decisions  and extend credit to you under this Agreement from Virginia.  
This Agreement is:  
• entered into in Virginia; and maintained in Virginia. This is true whether or not you use your Card in 
Virginia.  
Missouri Residents: Oral agreements or commitments to loan money, extend credit or to forbear from 
enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. 
To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any 
agreements we reach covering such matters are contained in this writing, which is the complete and 
exclusive statement of the agreement between us, except as we may later agree in writing to modify 
it.  

16. ARBITRATION  
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT WANT DISPUTES TO BE 
RESOLVED THROUGH ARBITRATION, YOU MUST FOLLOW THE INSTRUCTIONS FOR REJECTING 
ARBITRATION NOTED BELOW. 

 IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO HAVE A 
CLAIM HEARD IN COURT OR HAVE A JURY TRIAL ON THE CLAIM. IN ADDITION, YOU AND WE WILL NOT 
HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AS A REPRESENTATIVE OR MEMBER OF A CLASS. 
ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND 
DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT 
ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. EXCEPT AS SET FORTH BELOW, THE 
ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN 
COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.  

IF YOU ARE COVERED BY THE PROTECTIONS OF THE MILITARY LENDING ACT, THIS ARBITRATION 
PROVISION DOES NOT APPLY TO YOU.  
DEFINITIONS  
In this Arbitration provision, “we”, “us” and “our” includes any corporate parents, subsidiaries, affiliates 
or related persons  or entities. “Claim” means any current or future claim, dispute or controversy relating 
to your Account, your application for an account, this Agreement or the relationship between you and 
us. If you have signed an Overdraft Protection Loan Agreement linking one or more checking accounts to 
your Account to provide overdraft protection, “Claim” also includes any current or future claim, dispute 
or controversy relating to the Overdraft Protection Loan Agreement and related linked checking account 
transactions. “Claims” include any Claims related to advertising, debt collection or credit reporting and 
any Claim by or against any of our agents or any third parties, including any Claim related to advertising, 
debt collection or credit reporting and any Claim by or against any of our agents or any third parties. 
“Claims” include but are not limited to initial claims, cross-claims, counterclaims and third-party claims. 
“Claims” include but are not limited to Claims based in tort, contract, fraud, common law, equity, 
statutes and regulations of any kind.  

CLAIMS SUBJECT TO ARBITRATION Either you or we may require that any Claim be submitted to 
arbitration, except that: (1) only a court may decide any dispute about the validity, enforceability or 

 
 
 
 
 
scope of this Arbitration provision;  and (2) we will not require arbitration for any individual Claim you 
file in small claims court as long as the Claim is an individual  Claim pending in that court. You or we may 
demand to arbitrate any Claim at any time unless it has been filed in court and trial has begun or final 
judgment has been entered. Either you or we may delay enforcing or not exercise rights under this 
Arbitration provision,  including the right to arbitrate a Claim, without waiving the right to exercise or 
enforce those rights.  

LIMITATIONS ON ARBITRATION  

CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS. CLAIMS MAY NOT BE ARBITRATED ON A 
CLASS ACTION BASIS, ON A REPRESENTATIVE BASIS OR ON BEHALF OF THE GENERAL PUBLIC. THE 
ARBITRATOR’S AUTHORITY IS LIMITED TO CLAIMS BY OR AGAINST YOU AND US ALONE. CLAIMS MAY 
NOT BE JOINED OR CONSOLIDATED UNLESS YOU AND WE AGREE IN WRITING. THE ARBITRATOR MAY 
NOT AWARD INJUNCTIVE OR OTHER RELIEF THAT IS PRIMARILY FOR THE BENEFIT OF THE GENERAL 
PUBLIC. If a court determines that any of these Limitations on Arbitration is unenforceable with respect 
to a Claim, then this entire Arbitration provision  (other than this sentence) will not apply to that Claim.  

HOW TO START AN ARBITRATION  
To start an arbitration, contact the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). 
AAA will administer the arbitration unless  you and we agree in writing to use a different arbitration 
administrator or a different administrator is appointed by a court.  

ARBITRATION PROCEDURES 
 This Arbitration provision  is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”). 
Virginia law shall apply to the extent state law is relevant under the FAA. The administrator’s rules that 
are in effect when a Claim is filed will apply unless those rules conflict with this Arbitration provision. 
The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator 
will not apply any federal or state rules of civil procedure or evidence. Subject to the Limitations on 
Arbitration section above, the arbitrator may award any relief available in court. The arbitration will be 
confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or 
less, you may choose whether the arbitration will be conducted solely based on documents, through a 
telephonic hearing or by an in-person  hearing. At any party’s request, the arbitrator will offer a brief 
written explanation of the award. The arbitrator’s award will be final and binding, except for any right of 
appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the 
arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator 
panel to decide anew, by majority vote based on written submissions,  any aspect of the decision 
objected to. Judgment upon any award may be entered in any court with jurisdiction. An arbitration 
award and any judgment confirming it cannot be used in any case or arbitration except to enforce the 
award. Arbitration hearings will take place by telephone or in the federal judicial district where you live.  

ARBITRATION FEES AND COSTS  
You will be responsible for paying your share of any arbitration fees (including filing, administrative, 
hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had 
brought a claim in court. We will be responsible for any additional Arbitration fees. At your written 
request, we will consider in good faith making a temporary advance of your share of any arbitration 
fees.  

 
 
 
 
 
 
INSTRUCTIONS FOR REJECTING ARBITRATION  
You may reject this Arbitration provision.  To do so, you must send a written notice to us stating that you 
reject arbitration. Your rejection notice must be signed by you and include your name, address and 
Account number. Your letter notifying us that you reject this Arbitration provision  must be postmarked 
within 60 days of the Account Opening Date. If you do not know your Account Opening Date, please call 
the number listed on the back of your card to obtain the date. You must mail your rejection notice to 
HSBC Bank, N.A. P.O Box 9, Buffalo, NY 14240.  This is the only way that you can reject this Arbitration 
provision. If you reject this Arbitration provision, all other parts of the Agreement will continue to apply. 
Rejecting this Arbitration provision  has no effect on any other agreements.  
CONTINUATION  
This Arbitration provision  will survive termination of your Account, voluntary payment of your Account 
balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account. Except as 
otherwise provided in the Limitations on Arbitration section above, if any portion of this Arbitration 
provision  is deemed invalid or unenforceable, the remaining portions of this Arbitration provision  will 
still apply.  

17. MILITARY LENDING ACT  
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 account).  
To hear this disclosure over the phone, please call our toll-free number, 866.258.9078. 

 
 
 
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2) 

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b) 

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a) 

b) 

c) 

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