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 December 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 Transfer Advance Fee  

Convenience Check Advance Fee 

Financial Institution Cash Advance Fee 

Cash Equivalent Advance Fee 

Cash Advance Overdraft Protection 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 
Transfers 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  fees  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 for any 
fees 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)). 

 
 
 
 
 
 
 
 
 
 
Cash Advance ATM Fee 

Foreign Transaction Fee 

Account Fees 

Late Fee  
Overlimit Fee 
Return Payment Fee 

Either $0 to $10 or 0% to 5% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Up to 3% of each foreign transaction amount. 

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  December  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 
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. 

INTEREST  CHARGES). 

  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. 

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. 

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.  

43. Mobile Authentication:  To help us verify your identity, you authorize your 
wireless operator (AT&T, Sprint, T-Mobile®, US Cellular®, Verizon, or any other 
branded wireless operator) to use your mobile number, name, address, email, 
network status, customer type, customer role, billing type, mobile device identifiers 
(IMSI and IMEI) and other subscriber status details, if available, to allow us to verify 
your identity, and to compare information you have provided to us with your 
wireless operator account profile information for the duration of our 
relationship.  See our Privacy Pledge for more information of how we treat your 
data. 

44.  CELLULAR PHONE CONTACT POLICY:   By providing us with a 
telephone number for a cellular phone or other wireless device, including a 
number that you later convert to a cellular number, you are expressly 
consenting to receiving communications—including but not limited to 
prerecorded or artificial voice message calls, text messages, and calls made 
by an automatic telephone dialing system—from us and our affiliates and 
agents at that number. This express consent applies to each such telephone 
number that you provide to us now or in the future and permits such calls for 
non-marketing purposes. Calls and messages may incur access fees from 
your cellular provider.  You understand and agree that, if your Account has 
been assigned, sold, or transferred to us, we, as the successor-in-interest, 
and our affiliates and agents, have your prior express consent to call you 
using prerecorded or artificial voice message calls, text messages, or an 
automatic telephone dialing system at any telephone number(s) you may 
have provided to any previous creditor(s), or which may have otherwise been 
associated with your Account prior to its assignment, transfer, or sale to us. 

45.  Arbitration Provision: 
RESOLUTION OF DISPUTES BY ARBITRATION 
PLEASE READ THIS PROVISION CAREFULLY.  UNDER THIS PROVISION, YOU 
WAIVE YOUR RIGHTS TO TRY ANY COVERED CLAIM IN COURT BEFORE A 
JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER 
REPRESENTATIVE ACTION.   
The following provision applies to any claim, cause of action, proceeding, or any 
other dispute between you, on the one hand, and us, our respective parents, 
subsidiaries, affiliates, agents, employees, predecessors-in-interest, personal 
representatives, heirs and/or successors, and assigns, on the other hand (each a 
“Claim” as further defined under the heading “Claims Covered by Arbitration”), 
including all questions of law or fact related thereto.  
Agreement to Arbitrate 
Either you or we may elect in writing, and without the consent of the other, to 
arbitrate all Claims covered by this provision. 
Claims Covered By Arbitration 
Claims subject to our agreement to arbitrate shall include all of the following: (1) 
Claims related to or arising out of this Agreement, or any prior or later versions of 
this Agreement as well as any changes to the terms of this Agreement; (2) Claims 
related to or arising out of any aspect of any relationship between us that is 
governed by this Agreement, whether based in contract, tort, statute, regulation, or 
any other legal theory; and (3) Claims that relate to the construction, scope, 
applicability, or enforceability of this arbitration provision.  Claims include Claims 
that arose before we entered into this Agreement (such as Claims related to 
advertising) and after termination of this Agreement. 
Claims Not Covered By Arbitration 
Claims subject to our agreement to arbitrate shall not include (1) any Claim you file 
in a small claims court, so long as the Claim remains in such court and advances 
only an individual claim for relief, and (2) Claims asserted by way of a cross claim, 
counterclaim or any similar device against a party who has initiated a proceeding in 
court or other non-arbitral forum by any other party to that proceeding.   
Commencing an Arbitration 
The party initiating arbitration must choose one of the following arbitration forums to 
administer the arbitration: 

• 

• 

The American Arbitration Association (“AAA”) under AAA’s Consumer 
Arbitration Rules, except as modified by this Agreement.  AAA’s Rules 
may be obtained from www.adr.org or 1-800-778-7879 (toll-free).   
JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration 
Rules & Procedures or Streamlined Arbitration Rules & Procedures, 
including JAMS’ Consumer Minimum Standards, except as modified by 
this Agreement.  JAMS’ Class Action Procedures shall not apply.  
JAMS’ rules may be obtained from www.jamsadr.com or 1-800-352-
5267 (toll free). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
If the chosen arbitration forum is for any reason unable to serve, then the parties 
may agree to a comparable substitute organization.  If the parties are unable to 
agree, then a court of competent jurisdiction shall appoint a substitute organization.   
Arbitration Procedure 
The arbitration shall be decided by a single neutral arbitrator selected in 
accordance with AAA’s or JAMS’ rules, as applicable.  The arbitrator will decide the 
dispute in accordance with the terms of our Agreement and applicable substantive 
law, including the Federal Arbitration Act and applicable statutes of limitation.  The 
arbitrator shall honor claims of privilege recognized at law.  The arbitrator may 
award damages or other relief (including injunctive relief) available to the individual 
claimant under applicable law.  The arbitrator will not have the authority to award 
relief to, or against, any person or entity who is not a party to the arbitration.  The 
arbitrator will take reasonable steps to protect customer account information and 
other proprietary or confidential information.  Any arbitration hearing shall take 
place in the federal judicial district that includes your home address, unless you and 
we agree in writing to a different location or the arbitrator so orders.  If all Claims 
are for $10,000 or less, you may choose whether the arbitration will be conducted 
solely on the basis of documents submitted to the arbitrator, through a telephonic 
hearing, or by an in-person hearing in accordance with AAA’s or JAMS’ rules. 
At your or our request, the arbitrator will issue a reasoned written decision sufficient 
to explain the essential findings and conclusions on which the award is based.  The 
arbitrator’s award shall be final and binding, subject to judicial review only to the 
extent allowed under the Federal Arbitration Act.  You or we may seek to have the 
award vacated or confirmed and entered as a judgment in any court having 
jurisdiction. 
No Class Action or Joinder of Parties 
You and we agree that no class action, private attorney general, or other 
representative claims may be pursued in arbitration, nor may such action be 
pursued in court if either you or we elect arbitration.  Unless mutually agreed to by 
you and us, Claims of two or more persons may not be joined, consolidated, or 
otherwise brought together in the same arbitration (unless those persons are joint 
account owners or beneficiaries on your account and/or related accounts, or parties 
to a single transaction or related transaction).  If this specific paragraph is 
determined by the arbitrator to be unenforceable, then this entire provision shall be 
null and void.   
Arbitration Costs 
Unless the applicable arbitration rules at the time of filing a Claim are more 
favorable to you, we will advance (i) all arbitration costs in an arbitration that we 
commence, and (ii) the first $2,500 in arbitration filing, administration, and 
arbitrator’s fees in an arbitration that you commence.  To the extent allowed by 
applicable law and our agreements, the arbitrator may award arbitration costs and 
attorneys’ fees to the prevailing party. 
Applicable Law 
You and we agree that you and we are participating in transactions that involve 
interstate commerce and that this provision and any resulting arbitration are 
governed by the Federal Arbitration Act.  To the extent state law applies, the laws 
of the state governing your account relationship apply.  No state statute pertaining 
to arbitration shall apply.  This Arbitration Provision shall not apply to a party who is 
a covered borrower under the Military Lending Act. 
Severability 
Except as this provision otherwise provides, if any part of this provision is deemed 
to be invalid or unenforceable by the arbitrator, that part will be severed from the 
remainder of this provision and the remainder of this provision will be enforced. 

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. 

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. 

SPECIAL  RULES  FOR  CREDIT  CARD  PURCHASES  DO  NOT  APPLY  TO 
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER 
CHECKS. 

YOUR BILLING RIGHTS 

z01_ELAN_CLASSIC_GOLD_PLAT  

Keep this document for future use.  This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act. 

What to Do If You Find a Mistake on Your Statement: 
If you think there is an error on your statement, call or write to us. 

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: