First Command Bank Visa Cardholder Agreement (Platinum/Classic)

The person(s)  ("Cardholder," whether  one or  more)  who signed and 
returned the Application for a Visa ("Application") has requested First 
Command  Bank  ("Bank")  to  extend  to  Cardholder  open-end  credit. 
The term "Cardholder" means each person who signed and returned 
the Application and any other person who has agreed to be responsi-
ble for  the Account (defined below). As used in this Agreement, the 
term  “person”  means  an  individual  or  an  entity,  as  applicable.  By 
Cardholder's  use  of  the  credit  card  ("Card"),  furnished  by  Bank  in 
reliance  in  part  upon  the  information  supplied  by  Cardholder  in  the 
Application, Cardholder agrees with Bank as follows:  
1.  Using  the  Account.  Cardholder  has  accepted  the  revolving  tri-
party  account  ("Account")  made  available  to  Cardholder  by  Bank. 
Cardholder may use the Card to purchase or lease goods or services, 
or pay amounts that Cardholder owes, wherever the Card is honored 
("Credit  Purchases").  Cardholder  may  also  use  the  Card  to  obtain 
cash  loans  ("Cash  Advances")  from  any  financial  institution  that 
accepts  the  Card.  Cardholder  agrees  that  the  Account  will  not  be 
used  to  access  gambling  web  sites  or  to  purchase  illegal  goods  or 
services.  Bank  may  refuse  to  process  any  transaction  that  Bank 
believes  may  violate  this  Agreement.  If  Cardholder  provides  the 
Account  number  to  make  a  purchase  or  obtain  an  advance  without 
presenting the Card (such as for a mail order or telephone purchase), 
or  if  Cardholder  authorizes  someone  else  to  make  a  charge  to  the 
Account,  Cardholder's  obligation  to  pay  will  be  the  same  as  if  the 
Card itself was used. Cash Advances also may be obtained through 
use of the Card (a) upon execution of a written request of Cardholder 
in a form furnished by any financial institution that is a member, alone 
or  in  association  with  others,  of  Visa,  Inc.  or  (b)  upon  Cardholder's 
execution  of  a  written  separate  agreement  with  Bank  for  a  Visa 
overdraft financial agreement, if offered by Bank. All Credit Purchases 
and Cash Advances are effected at the option of the retail merchant 
("Seller") and/or cash advancing financial institution respectively, and 
Bank  shall  not  be  responsible  for  refusal  by  any  Seller  or  cash  ad-
vancing financial institution to honor the Card or any "Related Card," 
as defined in paragraph 2 below.  
2.  Obligations  on  the  Account.  Cardholder  (jointly  or  severally  if 
more than one) promises to pay Bank at the address specified on the 
periodic statement (see paragraph 5 below) for all Credit Purchases 
and  Cash  Advances,  together  with  any  Finance  Charge  as  herein 
provided,  plus  any  other  charges  permitted  by  this  Agreement,  all 
such  payments  must  be  in  lawful  money  of  the  United  States  of 
America.  Cardholder  will  pay  in  their  equivalent  in  U.S.  dollars  all 
charges in a foreign currency, which equivalence will be determined 
by  reference  to  the  amount  in  U.S. dollars. Bank shall have paid in 
good faith to the person presenting the item to Bank. Cardholder shall 
be liable and agrees to pay Bank for Credit Purchases made by, or for 
Cash  Advances  extended  to,  Cardholder  or  anyone  else  using  the 
Card  unless  the  use  of  such  Card  is  by  a  person  other  than  the 
Cardholder (a) who does not have actual, implied, or apparent author-
ity  for  such  use  and (b)  from which Cardholder  receives no benefit. 
Additionally,  Cardholder  shall  be  jointly  and  severally  liable,  and 
agrees to pay, for all Credit Purchases and Cash Advances obtained 
through  the  use  of  any  other  Card  bearing  Cardholder's  Account 
number  that  has  been  issued  to  another  person  by  reason  of  such 
person  being  a  member  of  Cardholder's  family, or  otherwise issued 
upon Cardholder's request (all such Cards bearing the same Account 
number  hereinafter  collectively  called  "Related  Cards").  Subject  to 
any  mandatory  provisions  of  applicable  law,  all  payments  made  by 
Cardholder will be applied to the balances on Cardholder's Account in 
the manner set forth later in this Agreement.  
3. Credit Limit. Bank will inform Cardholder from time to time of the 
maximum amount of debt ("Credit Limit") that may be outstanding in 
the Account at any time, and Bank, in its sole discretion may adjust 
the  Credit  Limit  from  time  to  time.  Cardholder  agrees  not  to  use  or 
permit  the  use  of  the  Card  in  any  manner  that  would  cause  the 
outstanding balance in the Account ever to exceed the Credit Limit. If 
Cardholder attempts a transaction which results in Cardholder’s total 
outstanding  balance  (plus  authorizations)  exceeding  Cardholder's 
Credit  Limit,  Bank  may:  (a)  permit  the  transaction  without  raising 
Cardholder's  Credit  Limit;  (b)  permit  the  transaction  and  treat  the 
amount of the transaction that is more than the Credit Limit as imme-
diately due; or (c) refuse to permit the transaction. If Bank refuses to 
permit  the  transaction,  Bank  may  advise  the  person  who  attempted 
the  transaction  that  it  has  been  refused.  If  Bank  has  previously 
permitted Cardholder to exceed Cardholder's Credit Limit, it does not 
mean that Bank will permit Cardholder to exceed Cardholder's Credit 
Limit on a subsequent date. Bank may designate that only a portion of 
Cardholder's  Credit  Limit  is  available  for  Cash  Advances.  If  Card-
holder  exceeds  that  limit,  Cardholder  will  be  considered  to  have 
exceeded the Credit Limit for all purposes under this Agreement. 
4. Notices. Bank will send periodic statements and any other notices 
to  Cardholder  at  the  address  shown  in  Bank's  files.  If this is a joint 
Account,  Bank  can  send  periodic  statements  and  notices  to  either 
Cardholder. Cardholder promises to inform Bank promptly, in writing, 
of any changes in Cardholder's address. Cardholder authorizes Bank, 
or anyone acting on Bank's behalf, to call or send a text message to 
any number Cardholder provides or to any number where Bank may 
reasonably  believe  Bank  can  contact  cardholder,  including  calls  to 
mobile,  cellular,  or  similar  devices,  and  calls  using  automatic  tele-
phone dialing systems and/or pre-recorded messages, or to send an 
email  to  any  address  where  Bank  reasonably  believes  Bank  can 
contact Cardholder. Calls and messages may be made for any lawful 
purpose, including but not limited to: suspected fraud or identity theft; 
obtaining information; Cardholder's account transactions or servicing; 
collecting  on  Cardholder's  account;  and  providing  Cardholder  infor-
mation about products and services. 

5. Periodic Statement.  As of the end of each monthly billing cycle, 
Cardholder  will  be  furnished  a  periodic  statement  showing,  among 
other things, (a) the amount owed ("Previous Balance") at the begin-
ning of the billing cycle, (b) the amount of all Cash Advances, Credit 
Purchases  and  Finance  Charge  posted  to  the  Account  during  the 
billing cycle, (c) the amount of all payments and credits posted to the 
Account during the billing cycle, and (d) the total amount due ("New 
Balance") at the end of the billing cycle (which amount is the sum of 
[a] and [b] less [c]), (e) the "Minimum Payment," and (f) the "Payment 
Due Date." If Cardholder is composed of more than one person, only 
one periodic statement will be provided.  
6. Minimum Payment. Cardholder agrees to pay to Bank, on or prior 
to the Payment Due Date shown on the periodic statement, the sum 
of (a) either (i) the entire New Balance or (ii) at Cardholder's option, 
an amount which shall be at least 2.50% of the New Balance (round-
ed up to the nearest dollar) or $50.00, whichever is greater, and (b) 
any amount that is past due and any amount that is over the Credit 
Limit. If the New Balance is less than $50.00, it shall be paid in full. 
Cardholder  may  pay  more  than  the  Minimum Payment, and may at 
any time pay the full amount owing to Bank. If Cardholder pays more 
than the Minimum Payment, Cardholder  must still pay the Minimum 
Payment  as  reflected  on  the  next  periodic  statement.  The  Payment 
Due Date for a billing cycle will be not less than twenty-five (25) days 
after the preceding billing cycle ends (the "Closing Date"). 
7. Annual Fee. Bank does not charge an annual fee for the Card.  
8.  Late  Payment  Fee.  If  Bank  does  not  receive  a  payment  from 
Cardholder in at least the amount of the Minimum Payment within 30 
days after  the Payment Due Date shown on the periodic statement, 
Bank may charge Cardholder a late payment fee in the amount stated 
below in the Table of Charges. Cardholder will only be charged a late 
payment  fee  for  any  Minimum  Payment  which  is  not  paid  within 30 
days after the Payment Due Date. 
9.  Cash  Advance  Fee.  Each  time  Cardholder  uses  the  Card  or  a 
Convenience  Check  to  obtain  a  Cash  Advance,  Bank  will  assess  a 
cash advance fee in the amount stated in the Table of Charges. 
10. When Finance Charge Begins. Bank adds a Finance Charge to 
the  Account for  all Cash Advances from the later  of (a)  the day the 
Cash  Advance  is  posted  to  the  Account,  or  (b)  the  first  day  of  the 
billing  cycle  in  which  the  Cash  Advance  is  posted  until  Cardholder 
pays  the  transaction(s)  in  full.  For  Credit  Purchases,  Bank  adds  a 
Finance  Charge  to  the  Account  if  the  Cardholder  does  not  pay  the 
New Balance in full by the Payment Due Date shown on the periodic 
statement. If Bank adds a Finance Charge, Bank begins to charge the 
Finance Charge on all amounts Cardholder owes Bank (except "New 
Purchases") from the first day of the billing cycle; provided, however, 
any portion of the New Balance subject to a grace period that is paid 
prior  to  the  expiration  of  the  grace  period  will  not  be  assessed  a 
Finance  Charge.  For  New  Purchases,  Bank  begins  to  charge  the 
Finance Charge from the date Bank posts the New Purchase to the 
Account unless Cardholder  has paid the New Balance in full on the 
previous periodic statement. A New Purchase is one that appears on 
the periodic statement for the first time.  
11.  Calculation  of  Finance  Charge.  Bank  calculates  the  Finance 
Charge  on  the  Account  by  applying  the  "Periodic  Rate"  (defined 
below) to the "Average Daily Balance" of the Account. To obtain the 
Average Daily Balance, Bank starts with the beginning balance of the 
Account on each day, excluding unpaid Finance Charges. Bank adds 
any  Cash  Advances  posted  to  the  Account  that  day,  and  any  New 
Purchases,  unless  Cardholder  paid  the  New  Balance  in  full  for  the 
previous billing cycle by the Payment Due Date. Bank subtracts any 
credits  and  payments  (after  any  unpaid  Finance  Charges  are  paid) 
posted  to  the  Account  that  day.  This  results  in  the  "Daily  Balance." 
Then,  Bank  adds  up  all  the  Daily  Balances for  the billing cycle and 
divides  that  by  the  total  number  of  days  in  the  billing  cycle.  This 
results  in  the  Average  Daily  Balance.  The  Finance  Charge  on  the 
Account is calculated by multiplying the Average Daily Balance by the 
Periodic Rate for Classic which is .008542 and the Periodic Rate for 
Platinum which is .005208. 

TABLE OF CHARGES 

Interest Rate and Interest Charges 

Annual Percentage  
Rate (APR) 

Classic- 10.25% 
Platinum- 6.25% (Each APR will vary with the 
market based on the Prime Rate)* 

Default APR and 
When It Applies 

Paying Interest 

Computing Balance 
for Purchases 

18% 
This APR may be applied to Cardholder's account 
when the full balance becomes due and payable 
and Cardholder has been notified of the APR 
increase. 

Cardholder's Payment Due Date is at least 25 
days after the close of each billing cycle. Bank will 
not charge any interest on purchases if Cardholder 
pays the entire balance by the Payment Due Date 
each month. Bank will begin charging interest on 
Cash Advances on the transaction date. 

Average daily balance (including new purchases) 

Minimum Payment  The greater of (a) 2.5% of balance or (b) $50.00 

Credit Card Tips 
from the Federal 
Reserve Board 

To learn more about factors to consider when 
using a credit card, visit the website of the Federal 
Reserve Board at 
http://www.federalreserve.gov/creditcard 

Fees 

Annual Fees 

None 

Transaction Fees 
• Balance Transfer 
• Cash Advance 

Penalty Fees 
• Late Payment 

• Over Credit limit 
• Returned Payment 

None 
Either $2.00 or 2% of the amount of each 
Cash Advance, whichever is greater, but not 
more than $75.00 per Cash Advance 

The lesser of $15.00, or 5% of each Mini-
mum Payment which is not made within 30 
days after the applicable Payment Due Date 
None 
$20.00 

*Bank adds 7% to the Prime Rate to determine Classic variable APR 
(Periodic Rate .008542 as of October 1, 2010). Bank adds 3% to the 
Prime  Rate  to  determine  Platinum  variable  APR  (Periodic  Rate 
.005208 as of October 1, 2010). 
For Credit Purchases and Cash Advances, on Classic  and Platinum 
Account, the APR varies with changes to the Prime Rate. The “Prime 
Rate” is the highest prime rate published in the Money Rates column 
of the Wall Street Journal 30 days before the Closing Date on Card-
holder’s  periodic  statement  (the  “Calculation  Date”).  On  October  1, 
2010, the Prime Rate was 3.25% therefore the APR was 10.25% for 
Classic Accounts and 6.25% for Platinum Accounts. The APR will go 
up  and  down  depending  on  the  Prime  Rate  as  of  each  Calculation 
Date; however, the APR is subject to change only on the first day of 
each  billing  cycle.  If  the  Prime  Rate  and  the  corresponding  APR 
increase,  the  Finance  Charge  also  will  increase  and  Cardholder’s 
Minimum  Payment  may  also  increase.  The  Prime  Rate  is  only  a 
pricing index and is not the lowest interest rate available.  
12. Other Payment Terms. All payments received on or before (a) 5 
o'clock p.m. (Fort Worth, Texas time) on Bank's business day at the 
address indicated on the periodic statement, or (b) the closing time of 
the applicable branch if payment is made in person, will be credited to 
the Account as of the date of receipt of payment. If payment is made 
at any other location, credit for the payment may be delayed up to 5 
days. Bank can accept late or partial payments, as well as payments 
that  are  marked  with  "Paid  In  Full"  or  any  other  similar  language 
without losing or waiving any of Bank’s rights or Cardholder's obliga-
tions under this Agreement. Payment by check constitutes Cardhold-
er's  authorization  for  Bank  to  make  a  one-time  electronic  funds 
transfer from Cardholder's bank to make such payment. Bank is not 
responsible  for  any  lost  or  stolen  cash  payments.  Payments  and 
credits to the Account will be applied in the following order: 

  Unpaid Finance Charge; 
  Late Fee; 
  Cash Advance from previous billing cycle; 
  Credit Purchases from previous billing cycle; 
  Cash Advances from current billing cycle; and 
  Credit Purchases from current billing cycle. 
  If  two  APRs  apply  to  Cardholder’s  balance,  after  payment  of 
accrued  Finance  Charges  and late fees,  Bank will allocate  the 
rest of the payment to the balance which has the higher APR.  

13. Convenience Checks. Bank may issue "Convenience Checks" to 
Cardholder  that may be used to access the Account. Use of a Con-
venience Check will be treated as a Cash Advance in the amount of 
the  Check.  Each  Convenience  Check  will  contain  Cardholder's 
Account  Number,  and  may  be  used  only  by  the  person(s)  whose 
name(s)  is/are  printed  on  it.  Each  Convenience  Check  must  be 
completed and signed in the same way as a regular personal check. If 
Bank provides Convenience Checks for the Account, Cardholder may 
not use them to pay any amount Cardholder owes under this Agree-
ment.  Cardholder  agrees  that  Bank  need  not  return  Convenience 
Checks  to  Cardholder  after  their  use,  and  that,  if  Cardholder  needs 
evidence of any payment represented by the Convenience Check, a 
photocopy  or  similar  reproduction  will  be  satisfactory  for  such  pur-
poses.  If  Cardholder  wishes  to  prevent  payment  of  a  Convenience 
Check, the instructions which Bank provides when the Convenience 
Checks  are  issued  must  be  followed.  In  the  event  payment  of  a 
Convenience  Check  has  been  stopped,  Cardholder  agrees  to  hold 
Bank  harmless  and  indemnify  Bank  for  any  losses,  expenses  and 
costs,  including  attorney's  fees  incurred  by  Bank,  for  preventing 
payment of any Convenience Check. Bank will use its best efforts to 
stop payment, but will incur no liability to Cardholder if it is unable to 
stop payment on a Convenience Check.  
14. Termination. Bank may terminate Cardholder's privileges under 
this Agreement or limit Cardholder's right to make Credit Purchases 
or receive Cash Advances at any time (and list Cardholder's Account 
in  warning  bulletins  in  the  event  of  such  termination)  without  any 
reason  or  without  advance  notice  or  resulting  liability.  If  Bank  re-
quests, Cardholder must return the Card and Convenience Checks to 
Bank. Cardholder agrees that Cardholder will not try to make a Credit 
Purchase  or  obtain  a  Cash  Advance  after  Cardholder  has  been 
notified  that  Cardholder's  privilege  to  use  the  Account  has  been 
terminated. Cardholder may terminate this Agreement at any time. If 
Cardholder  does  terminate,  all  Cards  and  Convenience  Checks 
previously issued on the Account must be returned to Bank. If Card-
holder  telephones  Bank  with  the  termination  request,  Bank  may 
require  that  Cardholder  confirm  such  intent  to  terminate  in  writing. 
Bank's  or  Cardholder's termination will not affect Cardholder's exist-

(Platinum/Classic – Variable Rate) Effective: 10-1-10 

 
 
 
ing  obligations  under  this  Agreement  or  Cardholder's  liability  for  all 
charges  posted  to  Cardholder's  Account  prior  to  the  time  all  Cards 
and Convenience Checks are returned to Bank. When the Account is 
closed,  Cardholder  must  contact  everyone  authorized  to  charge 
transactions to the Account, such as internet service providers, health 
clubs  or  insurance  companies.  These  transactions  may  continue  to 
be charged to the Account until Cardholder changes the billing. Also, 
if  the  Bank  believes  Cardholder  has  authorized  a  transaction  or  is 
attempting  to  use  Cardholder’s  Account  after  Cardholder  has  re-
quested to close the Account, Bank may allow the transaction to be 
charged to the Account. If the Account is terminated by Cardholder or 
by Bank for reasons other than Cardholder's default, Cardholder will 
be required to pay the outstanding balance on the Account according 
to the terms of this Agreement immediately prior to such termination. 
15. Default. If (a) Cardholder defaults in any payment required to be 
made  on  the  Account  or  otherwise  violates  any  provision  of  this 
Agreement, or (b) Cardholder dies or seeks to obtain any relief as a 
debtor in any proceeding under any bankruptcy, insolvency, or debtor 
relief  law,  or  (c)  Cardholder  provides  Bank  with  false  or  misleading 
information or signatures at any time, or (d) Cardholder fails to make 
any  payment  or  perform  any  promise  in  any  other  agreement  or 
obligation  that  Cardholder  owes  Bank,  then  Cardholder  will  be  in 
default  under  this  Agreement.  Bank,  upon  such  default,  may  at  its 
election (a) decline to extend further credit under this Agreement (and 
Cardholder agrees not to make further Credit Purchases or to obtain 
further  Cash  Advances)  and  (b)  declare  all  amounts  then  owed  to 
Bank  by  Cardholder  immediately  due  and  payable,  without  prior 
notice or demand of any kind, except as may be required by applica-
ble  law.  After  Bank  declares  all  amounts  then  owed  to  Bank  by 
Cardholder to be due and payable, and terminates Cardholder’s credit 
privileges under the Account Bank, at its option (but only after provid-
ing  to  Cardholder  notice  if  such is required by applicable law), may 
increase the Annual Percentage Rate up to 18%, which is the Default 
Rate under the Table of Charges. 
16. Collection Charges. If Cardholder defaults, to the extent permit-
ted  by  applicable  law,  Cardholder  agrees  to  pay  (a)  all  amounts 
actually incurred by Bank as court costs and attorneys' fees set by a 
court in connection with the collection of amounts due by Cardholder 
under  the  Account  and  (b)  premiums  or  other  identifiable  charges 
received in connection with the permitted sale of insurance. In addi-
tion, Bank may impose on Cardholder a processing fee of $20.00 if a 
check provided to Bank by Cardholder is dishonored for any reason. 
The  dishonored  check  processing  fee  may  be  added  to  the  New 
Balance and is payable on the next following due date, however, such 
fee will not accrue any Finance Charge. 
17. Governing Law. This Agreement is performable in Texas and is 
made pursuant to the provisions of Chapter 346 of the Texas Finance 
Code,  as  amended.  THE  VALIDITY,  CONSTRUCTION,  AND  EN-
FORCEMENT  OF  THIS  AGREEMENT  AND  ALL  MATTERS  ARIS-
ING OUT OF THE ISSUANCE AND USE OF THE CARD SHALL BE 
GOVERNED BY THE LAWS OF THE STATE OF TEXAS AND, TO 
THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. 
18.  Amendment.  The  terms  of  this  Agreement  including,  but  not 
limited  to,  the  rate  or  index,  formula  or  provision  of  law  used  to 
compute the ANNUAL PERCENTAGE RATE are subject to revision 
as to current and future balances, from time to time, by written notice 
from Bank to Cardholder as provided by applicable law.  
19.  Telephone  Conversations.  Cardholder  agrees  that  Bank,  its 
agents,  or  service  companies  may  monitor  and/or  record  any  tele-
phone communications with Cardholder. 
20.  Liability  for  Unauthorized  Use.  Cardholder  may  be  liable  for 
unauthorized  use  of  the  Account.  If  the  Card  is  lost  or  stolen,  or  if 
Cardholder  believes  someone  is  using  the  Account  without  proper 
authority, Cardholder must notify Bank immediately by calling 1-800-
325-3678.  Cardholder  will  not  be  liable  for  unauthorized  use  that 
occurs after Cardholder notifies Bank of the loss or theft of the Card 
or  Convenience  Check,  or  the  possible  unauthorized  use  of  the 
Account. Bank may terminate or limit access to the Account if Card-
holder has notified Bank, or if Bank has determined that the Card or 
Convenience Check may have been lost or stolen, or that there may 
be unauthorized access to the Account. Cardholder agrees to provide 
Bank  with  complete  cooperation  in  Bank's  efforts  to  recover  any 
stolen Card or Convenience Check and amounts due from unauthor-
ized users, and in prosecuting unauthorized users.  
21. Bank’s Liability for Failing to Make Transfers. If Bank does not 
complete  a  transaction  to  or  from  the  Account  on  time  or  in  the 
correct amount according to this Agreement, Bank may be  liable for 
Cardholder's  losses  or  damages.  However,  there  are  some  excep-
tions.  Bank  will  not  be  liable,  for  instance: (a)  if, through no fault of 
Bank's,  the  available  credit  is  insufficient  for  the  transaction  or  is 
unavailable  for  withdrawal  (for  example,  because  funds  have  not 
been finally collected or are subject to legal process); (b) if a comput-
er system, ATM, or point of sale terminal did not have enough cash or 
was  not  working  properly  and  Cardholder  knew  about  the  problem 
when Cardholder started the transaction; (c) if Cardholder attempts to 
use the Account or the Card which has not been properly activated; 
(d)  if  the  Card  has  been  reported  as  lost  or  stolen,  has  been  sus-
pended by Bank or Bank has reason to believe the transaction is not 
authorized by Cardholder, or if Cardholder is trying to defraud Bank; 
or (e) as otherwise provided in this Agreement. 
22.  Assignment  of  Account.  Cardholder  agrees  that  Bank  may  at 
any time assign and transfer  Cardholder's Account, this Agreement, 
and  Bank's  rights  and  obligations  under  this  Agreement,  without 
Cardholder's  consent  or  notice  to  Cardholder.  The  person  to  whom 
the  Account  and  Agreement  is  assigned  shall  be  entitled  to  all  of 
Bank's rights under this Agreement. 
23.  Information  Sharing.  Cardholder  authorizes  Bank  to  share 
information  concerning  Cardholder  and  Cardholder’s  Account  with 

companies  related  to  Bank  by  common  ownership.  Cardholder 
authorizes Bank to share information with companies in which Bank 
has an ownership interest, concerning purchases made by Cardhold-
er  using  Cardholder’s  Account,  for  the  purpose  of  obtaining  special 
merchandise offers or discounts for Cardholder. Cardholder does not 
authorize  Bank  to  disclose  Cardholder’s  name,  address,  telephone 
number or other personal information to these companies. 
24.  Credit  Reporting  Agencies.  Bank  may  give  information  about 
Cardholder's payment history under this Agreement to other persons 
or companies when permitted by law. Cardholder authorizes Bank to 
make  whatever  credit  or  investigative  inquiries  Bank  deems  neces-
sary in the course of review of any credit extended under this Agree-
ment.  A  negative  credit  report  which  may  affect  Cardholder's  credit 
record  may  be  submitted  to  a  credit  reporting  agency  if  Cardholder 
fails to keep Cardholder's promises under this Agreement. 
25. Delay of Rights. Bank can waive or delay enforcement of any of 
its rights under this Agreement without losing them. 
26. Separable Provisions. If any provision of this Agreement is held 
to  be  invalid  or  enforceable,  the  rest  of  this  Agreement  will  not  be 
affected.  Cardholder  will  not  be  held  liable  for  Finance  Charges  or 
other fees and charges greater than the maximum allowed by law that 
applies. 
27.  Limitation  of  Responsibility.  Bank  will  not  be  responsible  for 
merchandise  or  services  purchased  by  Cardholder  with the Card or 
Convenience Check unless required by law. Any refund, adjustment 
or  credit  allowed  by  a  Seller  shall  not  be  cash,  but  rather  be  by  a 
credit advice to Bank which shall be shown as a credit on the periodic 
statement. Bank will not be responsible for the refusal of any person 
to honor the Card or Convenience Check or if Cardholder is not able 
to  use  the  Card  at  an  ATM.  (a)  Bank  will  not  be  responsible  for 
merchandise  or  services  purchased  by  Cardholder  with the Card or 
Convenience Check unless required by law. Any refund, adjustment 
or  credit  allowed  by  a  Seller  shall  not  be  cash,  but  rather  be  by  a 
credit advice to Bank which shall be shown as a credit on the periodic 
statement. Bank will not be responsible for the refusal of any person 
to honor the Card or Convenience Check or if Cardholder is not able 
to use the Card at an ATM[; and (b) BANK WILL NOT BE LIABLE TO 
CARDHOLDER  FOR  DELAYS  OR MISTAKES RESULTING FROM 
ANY  CIRCUMSTANCES  BEYOND  BANK'S  CONTROL,  INCLUD-
ING,  WITHOUT  LIMITATION,  ACTS  OF  GOVERNMENTAL  AU-
THORITIES,  NATIONAL  EMERGENCIES,  INSURRECTION,  WAR, 
OR  RIOTS;  THE  FAILURE  OF  MERCHANTS  TO  HONOR  THE 
CARD;  THE  FAILURE  OF  MERCHANTS  TO PERFORM OR PRO-
VIDE  SERVICES;  COMMUNICATION  SYSTEMFAILURES;  OR 
FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO CARDHOLD-
ER'S EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT 
SYSTEM.  IN  THE  EVENT  THAT  BANK  IS  HELD  LIABLE  TO 
CARDHOLDER,  CARDHOLDER  WILL  ONLY  BE  ENTITLED  TO 
RECOVER  CARDHOLDER'S  ACTUAL  DAMAGES.  IN  NO  EVENT 
SHALL  CARDHOLDER  BE  ENTITLED  TO  RECOVER  ANY  INDI-
RECT,  CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES 
(WHETHER  IN  CONTRACT,  TORT  OR  OTHERWISE),  EVEN  IF 
CARDHOLDER  HAS  ADVISED  BANK  OF  THE  POSSIBILITY  OF 
SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE 
TO THE EXTENT OTHERWISE PROHIBITED BY LAW. 
28. Transactions Made in Foreign Currencies. If Cardholder makes 
a transaction in a foreign currency, the transaction will be converted 
by  Visa  into  a  U.S.  dollar  amount  in  accordance  with  the  operating 
regulations  or  conversion  procedures  in  effect  at  the  time  that  the 
transaction is processed. Currently, those regulations and procedures 
provide  that  the  currency  conversion  rate  to  be  used  is  either  (a)  a 
wholesale  market  rate  or  (b)  a  government-mandated  rate  in  effect 
one  (1)  day  prior  to  the  processing  date,  increased  by  one  percent 
(1%) in each case. Visa retains this one percent as compensation for 
performing the currency conversion service. The currency conversion 
rate in effect on the processing date may differ from the rate in effect 
on the transaction date or the posting date. 
29. USA Patriot Act. Bank is subject to the requirement of the USA 
Patriot  Act  (Title  III  of  Pub.  L.  107  56  [signed  into  law  October  26, 
2001]) (the “Act”) and hereby notifies Cardholder that pursuant to the 
requirements  of  the  Act,  it  is  required  to  obtain,  verify,  and  record 
information  that identifies Cardholder  which information includes the 
name and address of Cardholder and other information that will allow 
such Bank to identify Cardholder in accordance with the Act. 
30. Other Agreements. This Agreement supersedes all prior Agree-
ments between Bank and Cardholder governing the use of the Card 
and the Account. 
STATE SPECIFIC INFORMATION 
California Residents: Cardholder (a) may use the Account up to its 
Credit  Limit;  (b)  may  be  liable  for  amounts  extended  under  the  Ac-
count  to  any  joint  Cardholder.  As  required  by  law,  Cardholder  is 
hereby notified that a negative credit report reflecting on Cardholder's 
credit record may be submitted to a credit reporting agency  if Card-
holder fails to fulfill the terms of Cardholder's credit obligations.  
Ohio  Residents:  Ohio  anti-discrimination  laws  require  creditors  to 
make  credit  equally  available to all creditworthy customers and that 
credit  reporting  agencies  maintain  separate  credit  histories  on  indi-
viduals upon request. The Ohio Civil Rights Commission administers 
these laws.  
New  York  and  Vermont  Residents:  Bank  may  obtain  at  any  time 
Cardholder's credit reports for any legitimate purpose associated with 
the Account or the application or request for an Account, including but 
not limited to reviewing, modifying, renewing and collecting on Card-
holder's  Account.  On  Cardholder's  request  Cardholder  will  be  in-
formed if such a report was ordered. If so, Cardholder  will be given 
the  name  and  address  of  the consumer  reporting agency furnishing 
the  report.  New  York  residents  may  contact  the  New  York  State 

Banking Department (1-800-518-8866) for a comparative list of credit 
card rates, fees, and grace periods. 
Married Wisconsin Applicants: No provisions of any marital proper-
ty agreement, unilateral statement, or court order applying to marital 
property will adversely affect a creditor's interests unless prior to the 
time  credit is granted, the creditor  is furnished a copy of the agree-
ment,  statement  or  court  order,  or  has  actual  knowledge  of  the 
provision. 

YOUR BILLING RIGHTS: Keep this Document for Future Use 
This Notice contains important information about your rights and our 
responsibilities under the Fair Credit Billing Act. For purposes of this 
Notice, "we" and "us" mean Bank, and "you" and "your" mean Card-
holder.  

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT 
If  you  think  there  is  an  error  on  your  statement,  write  to  us  on  a 
separate  sheet  at  the  Cardmember  Service 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: 

1.  Within 30 days of receiving your letter, we must tell you that we 
received your letter. We will also tell you if we have already cor-
rected the error. 

2.  Within  90  days  of  receiving  your  letter,  we  must either  correct 
the error or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

  We cannot try to collect the amount in question, or report you as 

delinquent on that amount. 

  The charge in question may remain on your statement, and we 

may continue to charge you interest on that amount. 

  While you do not have to pay the amount in question, you are 

responsible for the remainder of your balance. 

  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 

 

 

If we made a mistake: You will not have to pay the amount in 
question or any interest or other fees related to that amount. 
If we do not believe there was a mistake: You will have to pay 
the amount in question, along with applicable interest and fees. 
We  will  send  you a statement of the amount you owe and the 
date payment is due. We may then report you as delinquent if 
you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you 
must write to us within 10 days telling us that you still refuse to pay. If 
you do so, we cannot report you as delinquent without also reporting 
that  you  are  questioning  your  bill.  We  must  tell  you  the  name  of 
anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let 
those organizations know when the matter has been settled between 
us. 
If we do not follow all of the rules above, you do not have to pay the 
first $50 of the amount you question even if your bill is correct. 

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT 
CARD PURCHASES 
If  you  are  dissatisfied  with  the  goods  or  services  that  you  have 
purchased with your  credit card, and you have tried in good faith to 
correct the problem with the merchant, you may have the right not to 
pay the remaining amount due on the purchase. 
To use this right, all of the following must be true: 

1.  The  purchase  must  have  been  made  in  your  home  state  or 
within  100  miles  of  your  current  mailing  address,  and  the pur-
chase  price  must  have  been  more  than  $50.  (Note:  Neither  of 
these are necessary if your  purchase was based on an adver-
tisement we mailed to you, or if we own the company that sold 
you the goods or services.) 

2.  You  must  have  used  your  credit  card  for  the  purchase.  Pur-
chases made with cash advances from an ATM or with a check 
that accesses your credit card Account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the 
purchase, contact us in writing on a separate sheet at the Cardmem-
ber Service address shown on your billing statement. 
While we investigate, the same rules apply to the disputed amount as 
discussed above. After we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an amount and you do not 
pay, we may report you as delinquent. 

(Platinum/Classic – Variable Rate) Effective: 10-1-10