M-108771

CARDHOLDER AGREEMENT

Effective May 1, 2013

This CARDHOLDER AGREEMENT (“Agreement”) and the Account-Opening 
Disclosure accompanying this Agreement contain the credit and payment terms and 
conditions for the credit card (“Card”) issued to you by Fifth Third Bank, Cincinnati, 
OH. It replaces any previous terms provided to you for your Card. Please note that 
some terms vary depending on the Card type and on the issuing financial institution 
and those terms are controlled by the Account-Opening Disclosure.  In this Agreement, 
the words “you” and “your” refer to the person or entity that signs the application 
or on whose behalf the application is signed. The words “we,” “us” and “our” 
refer to Fifth Third Bank and its successors and assigns. 

You will be deemed to have accepted the Card and the terms and conditions of this 
Agreement if you sign the back of the Card or use the Card.  

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND 
KEEP THEM FOR FUTURE REFERENCE.

1. USING YOUR CARD. 
You may use your Card to obtain goods or services from merchants everywhere it is 
accepted (each a “Purchase”). You may use your Card only for personal, family or 
household purposes. You may also have outstanding balances owed on other credit 
cards transferred to your Card (each a “Balance Transfer”). A transaction fee 
may be assessed on Balance Transfers. If you are assessed a transaction fee, it will 
be added to other amounts which are subject to an INTEREST CHARGE, as described 
below, in the same manner as Purchases.

You may also use your Card to obtain a loan from your Account by presenting it to 
any institution that accepts the Card for that purpose or you may use your Card to 
make a withdrawal of cash at an automated teller machine (ATM). Each of these 
transactions is treated as a “Cash Advance” on your Account. We may in our 
discretion consider certain transactions to be the equivalent of Cash Advances, and 
we reserve the right to treat them as Cash Advances under this Agreement. Those 
transactions may include: using the Card or Account to purchase wire transfers, 
money orders, money orders that are not issued by a financial institution or are not in 
U.S. currency, traveler’s or convenience checks, casino gaming chips, lottery tickets, 
off-track betting, wagers at race tracks, and tax payments. A transaction fee may be 
assessed on transactions considered Cash Advances. If you are assessed a transaction 
fee or an access fee or surcharge at an ATM to perform a Cash Advance with your 
Card, these fees will be added to other amounts which are subject to an INTEREST 
CHARGE, as described below, in the same manner as Cash Advances.

We are not responsible if anyone refuses to honor the Card or for any failure 
of  an ATM to process a Cash Advance request. We will have no responsibility for 
merchandise or services purchased with the Card, unless purchased from us. 

2. PROMISE TO PAY. 
In return for our extending credit to you on this Account from time to time, you 
promise to pay us in U.S. dollars the total amount of all Purchases, Balance Transfers, 
Cash Advances, INTEREST CHARGES, and other fees or charges that may be due 
as shown on your Periodic Statement. If you pay in other than U.S. dollars, except 
where prohibited by applicable law, we may refuse to accept the payment or we 
may charge your Account the costs to convert your payment to U.S. dollars. Payment 
by check must be drawn on funds on deposit in the U.S. To the extent permitted 
by applicable law, we can accept late payments, partial payments, or checks and 
money orders marked “Payment in Full” without losing any of our rights under this 
Agreement, and you agree to our reservation of rights under such circumstances. 
Payments received by 5:00PM CT at the address shown on the Periodic Statement 
on a business day will be credited to your Account on the date received. Payments 

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received after 5:00PM CT or on a non-business day (Saturday/Sunday/Holiday) will 
be credited to your Account on the next business day.

3. CREDIT LIMIT. 
Your credit limit is stated on the Card carrier you received with the Card and will be 
disclosed on your Periodic Statement. The total amount of all Cash Advances on your 
Account may be limited by a cash advance limit, which may be smaller than the total 
credit limit on your Account. We may increase or decrease your credit limit and/or 
cash advance limit anytime, and will provide notice to you if required by applicable 
law. You may contact us if you would like us to consider increasing your credit limit. 

Write us at CARD CENTER, PO BOX 495933, CINCINNATI, OH 
45249-5933 or call us at 1-877-954-0190. We will make that decision 
based on your credit and payment history.

We may permit you to use your Account for more than your credit limit, but we are 
not required to do so. You will still be responsible for paying us the amount over your 
credit limit without limiting any of our rights under this Agreement. We may also 
suspend your Account privileges or cancel your Account as described below.

4. PERIODIC STATEMENT. 
Each month that there is an outstanding balance on your Account, we will send 
you a Periodic Statement as of the closing date of your billing cycle. Purchases, 
Balance Transfers, Cash Advances, payments, INTEREST CHARGES and other fees and 
charges, and any adjustments or credits posted to your Account since the closing date 
of your previous statement will appear on your Periodic Statement. You must pay at 
least the Minimum Payment Due by the Payment Due Date shown on the statement. 
The Payment Due Date is the same day of each month, at least 25 days after the 
closing date of the billing cycle appearing on the Periodic Statement. 

Payments and credits will be applied on your Account in the following order: First, 
your Minimum Payment Due will be applied at our discretion; Second, any other 
amounts you paid will be applied to the Card balance with the highest Interest Rate 
and then to balances at successively lower rates.

You may view your transactions on your Card periodically at  
www.bancardservicesonline.com.

5. MINIMUM PAYMENT DUE. 
You may pay all or any part of your outstanding balance at any time. However, you 
must pay at least the Minimum Payment Due by the Payment Due Date reflected on 
each Periodic Statement, even if you paid more than the Minimum Payment Due in 
any previous month. In all cases, the Minimum Payment Due will be rounded to the 
next highest whole dollar amount and reflected as such on each Periodic Statement. 
Any past due amount and/or any amount exceeding your credit limit may be 
included in the Minimum Payment Due.

6. INTEREST CHARGES. 
We will impose an INTEREST CHARGE on each balance within each Account type 
(Purchases, including Balance Transfers, and Cash Advances) by applying a Monthly 
Periodic Rate (MPR) to the “Average Daily Balance” (which is shown on 
your Periodic Statement as the “Balance Subject to Interest Rate”) and by assessing 
certain fees which are explained below. We may charge interest at different rates for 
our two types of Account transactions: Purchases (including Balance Transfers) and 
Cash Advances. The MPR and the Interest Rate, expressed as an Annual Percentage 
Rate (APR), will appear on the Account-Opening Disclosure. 

PURCHASES AND BALANCE TRANSFERS. An INTEREST CHARGE will be imposed on 

Purchases, including current transactions and including Balance Transfers, if you did 
not pay in full the Previous Balance as shown on your current Periodic Statement 
by the Payment Due Date. No INTEREST CHARGE will be imposed on Purchases and 
Balance Transfers in the next billing cycle if you pay in full the New Balance by the 
Payment Due Date as shown on your current Periodic Statement. If imposed, all 
INTEREST CHARGES are computed for current transactions from the date of posting. 
We figure the INTEREST CHARGE on the Purchases and Balance Transfers on your 
Account by applying the Purchase Interest Rate to the Average Daily Balance of 
Purchases and Balance Transfers on your Account (including current transactions).

 CASH ADVANCES. An INTEREST CHARGE is imposed on all Cash Advances, including 
current transactions, from the posting date of each Cash Advance transaction. There 
is no grace period for payment of Cash Advances. The INTEREST CHARGE is imposed 
as long as any Cash Advance remains unpaid. We figure the INTEREST CHARGE on 
the Cash Advances on your Account by applying the Cash Advance Interest Rate 
to the Average Daily Balance of Cash Advances on your Account (including current 
transactions). 

AVERAGE DAILY BALANCE. To get the “Average Daily Balance” we take the beginning 
balance of your Account type each day, add any new transactions made that day 
and any debit adjustments, then subtract any payments or credits. This gives us 
the daily balance. Then, we add up all the daily balances for the billing cycle and 
divide the total by the number of days in the billing cycle. This gives us the “Average 
Daily Balance”, including current transactions. We make this calculation separately 
for Purchases (including Balance Transfers) and for Cash Advances. There will be 
a Minimum INTEREST CHARGE of $.50 in any billing cycle in which the INTEREST 
CHARGE resulting from application of the MPR would be less than $.50. 

INTEREST RATE. For the first six (6) months after the Card is issued, there may be 
an introductory Interest Rate for Purchases and Balance Transfers as shown on the 
Account-Opening Disclosure. After six (6) months, the Interest Rate for Purchases 
and Balance Transfers changes to a fixed or variable rate as described below and as 
shown on the Account-Opening Disclosure. There is no introductory Interest Rate for 
Cash Advances. 

If your Account has a fixed Interest Rate, it will be shown as such on the Account-
Opening Disclosure. If it has a variable Interest Rate, that is determined by adding 
a margin to the highest Prime Rate reported in the Money Rates Section of the 
Midwest Edition of the Wall Street Journal (WSJ) on the date provided on the 
Account-Opening Disclosure. Depending on your Card, these adjustments may be 
monthly or quarterly (January, April, July, and October of each year), semi-annually 
or annually. The margins we apply are disclosed in the Account-Opening Disclosure 
provided to you with your Card. The margins are generally lower for Purchases and 
Balance Transfers than for Cash Advances.

If the Prime Rate increases, the MPR and corresponding APR will increase accordingly 
on variable rate Cards, or, if the Prime Rate decreases, the MPR and corresponding 
APR will decrease accordingly. Any such increase or decrease will take effect at 
the start of the full Periodic Statement billing cycle during which the rate change 
occurred. Any balance outstanding prior to the current cycle is subject to the rate in 
effect when the interest is calculated. An increase in the APR will result in increased 
INTEREST CHARGES. The increase may result in an increase to your Minimum 
Payment Due.

COMPOUNDING INTEREST. To the extent permitted by applicable state law, on a 
monthly basis, unpaid INTEREST CHARGES will be compounded and unpaid INTEREST 
CHARGES and other unpaid charges will be consolidated into your Account balance. 
In this way, unpaid INTEREST CHARGES and other unpaid charges from prior billing 
cycles will be subject to and included in, the calculation of the new  
INTEREST CHARGES.

7. AUTHORIZATION FOR ELECTRONIC DEBIT. 
When you provide a check for payment, you authorize us to use information from 
your check to make an electronic fund transfer from your checking account or to 
process the payment as a check transaction.  If we process your check electronically, 
funds may be withdrawn from your bank account as soon as the same day we 
receive your check.

8. LOST OR STOLEN CARDS. 
If you notice the loss or theft of your Card or a possible unauthorized use of 
your Card, you should write to us immediately at: CARD CENTER, PO Box 
495933, Cincinnati, OH 45249-5933 or call us at 1-877-954-0190. 
You will not be liable for any unauthorized use that occurs after you notify us. You 
may, however, be liable for unauthorized use that occurs before your notice to us. In 
any case, your liability will not exceed $50.

You may authorize others to use your Account. You promise to pay for all Purchases, 
Balance Transfers and Cash Advances made by anyone you authorize to use your 
Account with or without a Card, whether or not you notify us that he or she will be 
using the Account and whether or not he or she exceeds any limits imposed by you 
on his or her use of the Card. If another person has use of your Account and you 
want to end that person’s privilege, you must notify us in writing. In order to avoid 
unauthorized use, you should recover and return to us cut in half, any Card in that 
person’s possession.

Under Visa’s zero liability policy: you must reasonably demonstrate that you 
exercised reasonable care in safeguarding your Card from risk of loss and theft; your 
Card must be in good standing (e.g., not presently or recently overdrawn, and not 
presently or recently under suspicion of possible illegal or suspicious use); and we 
cannot have received more than one other report of unauthorized use of your Card in 
the last 12 months. 

Under MasterCard’s zero liability policy: you must reasonably demonstrate that you 
exercised reasonable care in safeguarding your Card from risk of loss and theft; your 
Card must be in good standing (e.g., not presently or recently overdrawn, and not 
presently or recently under suspicion of possible illegal or suspicious use); and we 
cannot have received two or more reports of unauthorized use of your Card in the last 
12 months. This policy will not apply if a PIN was used as the Cardholder verification 
method for unauthorized transactions. 

9. DEFAULT. 
We may consider your Account in default if any of the following events occur: (a) 
you fail to make a required payment when due or when delinquent as determined 
by applicable state law; (b) you use this Account or Card in excess of the credit 
limit; (c) you make any material representation to induce us to extend credit which 
proves untrue; (d) you breach any of the terms of this Agreement; or (e) your death, 
incompetence, bankruptcy, insolvency, fraud or misrepresentation. To the extent not 
prohibited by law, if you are in default, you will pay our collection costs, attorney 
fees, court costs and all other expenses of enforcing our rights under this Agreement. 
If we determine that an event of default has occurred, we shall have such rights and 
remedies as are available to a creditor under any applicable federal or state law, 
including but not limited to the right to close your Account, revoke the privileges 
attaching to any or all cards, accelerate payment and demand the total outstanding 
balance to be paid. We do not have to notify you or demand payment to take these 
actions, unless applicable law requires that we give notice of a right to cure your 
default.

10. AMENDMENTS AND CHANGE IN TERMS. 
We have the right to change the terms of this Agreement from time to time. We have 
the right to apply the new terms to the outstanding balance of your Account as of the 
effective date of the change, to the extent permitted by applicable law.  We will give 
you 60 days’ advance written notice of changes and the right to reject those changes 

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as required by applicable law. If we notify you that you have the right to reject a 
change and you exercise that right, we may require that you return all Cards to us 
and we will permit you to repay the outstanding balance of your Account under 
the terms of your Agreement that were in effect when we gave you notice of the 
change. 

11. ANNUAL FEE. 
An Annual Fee may be charged to your Account for the privilege of having the Card 
as shown on the Account-Opening Disclosure. Any such charge would be subject to 
an INTEREST CHARGE in the same manner as Purchases. The Annual Membership 
Fee is payable whether or not you use the Card. 

12. SERVICE FEES. 
We may charge you a reasonable charge for photocopies and reprints of Account 
and transaction documents which you may request and for other special services as 
allowed by law. We may assess a charge not to exceed $20 per hour, or for any 
portion thereof, for research performed on your account per your request, whether 
performed by us or our service provider. Any such charge would be subject to an 
INTEREST CHARGE in the same manner as Purchases.

13. CURRENCY CONVERSION RATE. 
When making Purchases, including Balance Transfers, receiving Cash Advances, 
or making payments in foreign currency, the exchange rate will be the rate of the 
processing bank on the day it is processed by them, and this exchange rate may 
not necessarily be the same rate quoted to you by the merchant on the date of 
Purchase. Your Periodic Statement will reflect the exchange rate applied.

14. OVER LIMIT, RETURNED CHECK, LATE PAYMENT, AND  
OTHER FEES. 
The following fees may be assessed as specified below. The amounts are disclosed 
in the Account-Opening Disclosure provided to you with your Card. If any such fee is 
imposed, the unpaid amount may be subject to an INTEREST CHARGE in the same 
manner as Purchases.

OVER LIMIT. If we notify you that you have the right to opt-in to have us cover your 
transactions that exceed your credit limit and you tell us that you are opting-in in 
accordance with our opt-in instructions, we may charge you an Over Limit fee, if 
shown on the Account-Opening Disclosure or a later notice that we give you. You 
owe this fee even if we authorize the transaction which causes your Account to 
exceed its credit limit. Any Over Limit Fee, and the amount exceeding your credit 
limit, will be added to your Account balance, and the amount exceeding your credit 
limit may be added to the Minimum Payment Due for the current billing cycle. Any 
Over Limit Fee we charge will only be imposed once per billing cycle and, if your 
Account remains over the credit limit, once in each of only 2 subsequent billing 
cycles, unless you have obtained an additional extension of credit in excess of your 
credit limit, in which event, similar fees may be imposed.

RETURNED CHECK. We will charge you a Returned Check Fee each time you pay us 
with a check that is returned unpaid. This fee will also apply if a debit transaction 
to a deposit account from which you have authorized us in writing to periodically 
deduct all or a part of an amount you owe us under this Agreement is  
returned unpaid.

LATE PAYMENT. For any Minimum Payment Due that is not paid by the Payment 
Due Date shown on your Periodic Statement, or not paid by the end of a grace 
period shown on your Periodic Statement as may be required by applicable law, 
you may be charged, and you agree to pay us, a Late Payment Fee, which will be 
added to your Account balance. You will not be charged a penalty  
INTEREST CHARGE.

OTHER FEES. We may assess a fee if you request a replacement card as shown on 
the Account-Opening Disclosure. If you selected the credit life insurance related to 

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your Account on your initial application form, premiums will be applied to your account 
monthly. We reserve the right to alter the terms and/or carrier for credit life insurance, 
subject to any notification required by applicable federal or state law.

15. CREDIT INFORMATION. 
We may investigate your credit record in connection with your application for credit. 
We may examine your credit record in association with any update, renewal, 
extension, change in credit limit, and collection action of the Account. Upon your 
request, we will advise you if we obtained a credit report and we will give you the 
credit bureau’s name and address.

You agree that we may release information in our records regarding you and your 
Account in order to comply with any properly served subpoena or similar request 
issued by any state or federal agency or court. Furthermore, we may share our credit 
experience on your Account with credit reporting agencies and other creditors who 
we reasonably believe are doing business with you. You agree that we may provide 
Account information to any third party who we reasonably believe is conducting an 
inquiry in accordance with the Federal Fair Credit Reporting Act and/or applicable 
state law. 

If you fail to fulfill the terms of your credit obligations under this Agreement, you 
understand that a negative credit report reflecting on your credit record may be 
submitted to a credit reporting agency. If you believe we are inaccurately reporting 
information related to this Account to the credit bureau, you may notify us by writing 
to CARD CENTER, PO Box 495933, Cincinnati, OH 45249-5933.

16. CARDHOLDER LIABILTY. 
All persons who use the Card are individually and together responsible for any 
outstanding balance. If two or more persons are responsible to pay for any 
outstanding balance, we may refuse to release any of them from liability until all of 
the unexpired Cards outstanding under the Account have been returned to us and the 
outstanding balance has been paid in full. Even though the Card and your Account 
are revoked or terminated, you agree that your obligations and our rights under this 
Agreement will remain in effect until all balances on your Account incurred before 
or after revocation or termination are paid in full. You may cancel your Account by 
notifying us in writing at CARD CENTER, PO Box 495933, Cincinnati, OH 
45249-5933 and returning every Card to us cut in half. You will still be responsible 
to pay any amount you owe us according to the terms of the Agreement.

17. GOVERNING LAW. 
Unless otherwise stated, all transactions are final only when accepted by us. 
Transactions and this Agreement are and shall be construed as contracts subject  
to applicable federal law and the laws of the state of Ohio, where our main  
office is located.

18. BILLING ERRORS. 
You agree to accept Periodic Statements that we mail you as being correct unless you 
notify us in writing of alleged errors within the time prescribed by law. Your rights 
to dispute billing errors are set forth following this Agreement. If you have notified 
us that an amount is in dispute in accordance with the procedures that follow this 
Agreement, you need not pay that amount until the dispute is resolved. However, you 
must pay at least the required Minimum Payment Due unless the entire statement 
balance is in dispute.

19. PREAUTHORIZED PAYMENTS ON ACCOUNT. 
When you completed your credit card application with us, you may have authorized 
us to perform pre-authorized transfers from a checking or savings account maintained 
by you to make periodic payments to your Account. Your written authorization would 
have indicated whether a checking or savings account should be used for making such 
automatic payments. As you authorized, we will generate an automatic payment on 
the payment due date or the Friday before the payment due date if that date is a 

Saturday or Sunday from the specified account for: (1) the amount of the unpaid billed 
Minimum Payment Due when your Account cycles; (2) the New Balance as shown 
on the applicable Periodic Statement; or (3) the set amount you designated to be 
paid as an automatic payment. Under number 3, you understand that if the Minimum 
Payment Due for any billing cycle is greater than the fixed amount you designated, 
the automatic payment amount will be the Minimum Payment Due. You authorize us 
to debit the designated checking or savings account for the Minimum Payment Due 
amount rather than the fixed amount under these circumstances. Under number 3, 
you also agree that if the designated fixed payment amount is greater than the New 
Balance, the automatic payment amount will be New Balance amount rather than the 
designated fixed amount. In any case, you have the right to stop payment of any pre-
authorized transfer of funds to pay on your Account by notifying us orally or in writing 
at least three (3) business days before the scheduled date of the transfer. We may 
require you to provide written confirmation of a stop payment order within 14 days 
of your oral notification. If so, we will inform you of this requirement and the address 
where confirmation must be sent when you provide us with oral notification of a stop 
payment. Any oral stop payment you provide us ceases to be binding after 14 days if 
you fail to provide the required written confirmation as we may request. The Periodic 
Statement concerning your Account constitutes written notice to you of the amount of 
funds and date of transfer for each such pre-authorized payment on your Account.

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

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

Claims Covered.

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

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

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

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	 •	 	Broadest interpretation. Any questions about whether Claims are 

subject to arbitration shall be resolved by interpreting this arbitration provision 
in the broadest way the law will allow it to be enforced. This arbitration 
provision is governed by the Federal Arbitration Act (the “FAA”).

	 •	 	What about Claims filed in Small Claims Court? Claims filed  

in a small claims court are not subject to arbitration, so long as the matter 
remains in such court and advances only an individual (non-class,  
non-representative) Claim.

How Arbitration Works.

	 •	 	How	does	a	party	initiate	arbitration?	The	party	filing	arbitration	must	choose	

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

   American Arbitration Association 
225 North Michigan Avenue, Suite 2527 
Chicago, IL 60601-7601 
Web site: www.adr.org

   JAMS 
1920 Main Street 
Irvine, CA 92614 
Web site: www.jamsadr.com

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

	 •	 	What	procedures	and	law	are	applicable	in	arbitration?	A	single,	neutral	

arbitrator will resolve Claims. The arbitrator will be either a lawyer with at 
least 10 years experience or a retired or former judge, selected in accordance 
with the rules of the arbitration firm. The arbitration will follow procedures 
and rules of the arbitration firm in effect on the date the arbitration is filed 
unless those procedures and rules are inconsistent with this Agreement, in 
which case this Agreement will prevail. Those procedures and rules may limit 
the discovery available to you or us. The arbitrator will take reasonable steps 
to protect customer account information and other confidential information 
if requested to do so by you or us. The arbitrator will apply applicable 
substantive law consistent with the FAA and applicable statutes of limitations, 
will honor claims of privilege recognized at law, and will have the power to 
award to a party any damages or other relief provided for under applicable 
law. You or we may choose to have a hearing and be represented by counsel. 
The arbitrator will make any award in writing and, if requested by you or 
us, will provide a brief statement of the reasons for the award. An award in 
arbitration shall determine the rights and obligations between the named 
parties only, and only in respect of the Claims in arbitration, and shall not 
have any bearing on the rights and obligations of any other person, or on the 
resolution of any other dispute.

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

	 •	 	Who	can	be	a	party?	Claims	must	be	brought	in	the	name	of	an	 

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

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

21.   MISCELLANEOUS.  
  (a)   If any provision of the Agreement  is determined to be unlawful or 

unenforceable for any reason, the remainder of the Agreement will remain 
enforceable;

  (b)   We can choose not to exercise or to delay enforcement of our rights without 

losing any of them;

  (c)   We may send Account materials (Cards, Periodic Statements and notices) 

to any person listed on your Account, and that person will be responsible for 
delivering those materials to the other person authorized to use your Account. 
Notice to any one of you will be considered notice to all of you;

  (d)   Cards are issued with an expiration date. We have the right not to renew your 
Account. Without limiting our rights provided in the section of this Agreement 
entitled “Default,” we have the right to revoke the privilege attached to 
any or all cards, cancel the Cards and terminate this Agreement as to future 
Purchases, Balance Transfers or Cash Advances at any time for any reason, 
unless otherwise prohibited by applicable law. All Cards are our property. You 
agree to immediately surrender all Cards to us or our designee upon demand;

  (e)   We may sell, assign or transfer your Account or any portion of it without notice 
to you. You may not sell, assign or transfer your Account without first obtaining 
our prior written consent;

5

  (f)   If there is a credit balance on your Account or you make an overpayment 

which creates a credit balance, we will apply it to future amounts owed. If you 
ask, we will refund any credit balance greater than $1.00, and in any event 
we will refund any credit balance greater than $1.00 no later than 180 days 
from the date the credit balance was created; and

  (g)   If you move, you agree to notify us of your new address in writing. Otherwise, 
we may send monthly Periodic Statements and other notices to you at the 
address shown for you in our files

Information contained in this Agreement is current as of the printing date shown, 
and is subject to change. You may write to us at CARD CENTER, PO Box 
495933, Cincinnati, OH 45249-5933 for changes since this document was 
printed.

YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit 
Billing Act.

What To Do If You Find a Mistake on Your Statement. If you think there 
is an error on your statement, write to us at:

Card Center 
PO Box 495933 
Cincinnati, OH 45249-5933 

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

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

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

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

You must notify us of any potential errors in writing. You may call us, but if you do 
we are not required to investigate any potential errors and you may have to pay the 
amount in question.

What Will Happen After We Receive Your Letter. When we receive your 
letter, we must do two things:
  1.   Within 30 days of receiving your letter, we must tell you that we received your 

letter. We will also tell you if we have already corrected the error.
  2.   Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
	 •	 	We	cannot	try	to	collect	the	amount	in	question,	or	report	you	as	delinquent	

on that amount.

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

to charge you interest on that amount.

	 •	 	While	you	do	not	have	to	pay	the	amount	in	question,	you	are	responsible	for	

the remainder of your balance.

	 •	 	We	can	apply	any	unpaid	amount	against	your	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 purchase price must have been more 
than $50. (Note: Neither of these are necessary if your purchase was based 
on an advertisement we mailed to you, or if we own the company that sold 
you the goods or services.)

  2.   You must have used your credit card for the purchase. Purchases made with 

cash advances from an ATM or with a check that accesses your credit card 
account do not qualify.

  3.  You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, 
contact us in writing at:

Card Center 
PO Box 495933 
Cincinnati, OH 45249-5933

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.

6

FACTS WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?

Rev. 02/13

WHY?

WHAT?

Financial companies choose how they share your personal information. Federal law gives consumers 
the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, 
and protect your personal information. Please read this notice carefully to understand what we do.

The types of personal information we collect and share depend on the product or service you have 
with us. This information can include:
• Social Security number, name, address, email address, income, and assets
• Payment history and account balances
• Credit history and creditworthiness

HOW?

All ﬁnancial companies need to share customers’ personal information to run their everyday business. 
In the section below, we list the reasons ﬁnancial companies can share their customers’ personal 
information; the reasons Fifth Third chooses to share; and whether you can limit this sharing.

REASONS WE CAN SHARE YOUR PERSONAL INFORMATION DOES FIFTH THIRD SHARE? CAN YOU LIMIT THIS SHARING?

For our everyday business purposes— such as to 
process your transactions, maintain your account(s), 
respond to court orders and legal investigations, or 
report to credit bureaus

For our marketing purposes— to offer our products 
and services to you

For joint marketing with other ﬁnancial companies

For our affiliates’ everyday business purposes—
information about your transactions and experiences

For our affiliates’ everyday business purposes—
information about your creditworthiness 

For our affiliates to market to you

For nonaffiliates to market to you

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

Yes

Yes

N/A

TO LIMIT
OUR
SHARING

• Call 1-877-881-6018—our menu will prompt you through your choice(s); or
• Write to us at Card Center, Privacy Administration, Post Office Box 495933, Cincinnati, OH 45249-5933. 
  Requests must include your name, address, telephone number, and Social Security number (or taxpayer 
  identiﬁcation number). Incomplete information will delay or possibly prevent our ability to honor your request.

Please note: If you are a new customer, we can begin sharing your information 30 days from the date 
we sent this notice. When you are no longer our customer, we continue to share your information as 
described in this notice. However, you can contact us at any time to limit our sharing.

QUESTIONS?

Call 1-877-881-6018 or go to www.managemycreditcard.com.

WHO WE ARE

Who is providing this notice?

Fifth Third Bank and its affiliates (please see next page for List of Affiliates).

WHAT WE DO

How does Fifth Third protect my
personal information?

How does Fifth Third collect my 
personal information?

To protect your personal information from unauthorized access and use, we 
use security measures that comply with federal law. These measures include 
computer safeguards and secured ﬁles and buildings.

We collect your personal information, for example, when you:
• Open an account or apply for a loan
• Pay your bills or make a deposit
• Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, 
affiliates, or other companies. 

7

Why can’t I limit all sharing?

What happens when I limit 
sharing for an account I hold 
jointly with someone else?

DEFINITIONS

Affiliates

Nonaffiliates

Joint marketing

Federal law gives you the right to limit only:
• sharing for affiliates’ everyday business purposes–information about 
  your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to 
limit sharing. See below for more information on state laws. 

Your choices will apply to everyone on your account.

Companies related by common ownership or control. They can be 
ﬁnancial and nonﬁnancial companies.
• Our affiliates include companies with a Fifth Third name; ﬁnancial 
  companies such as an insurance agency or a leasing company.

Companies not related by common ownership or control. They can be 
ﬁnancial and nonﬁnancial companies.
• Fifth Third does not share information with nonaffiliates so they can market to you.

A formal agreement between nonaffiliated ﬁnancial companies that together 
market ﬁnancial products or services to you.
• Our joint marketing partners include but may not be limited to insurance 
  companies and credit card companies.

OTHER IMPORTANT INFORMATION

Nevada law requires that we provide you with the following contact information: 

Card Center
Privacy Administration
P.O. Box 495933
Cincinnati, OH 45249-5933

Bureau of Consumer Protection, Office of the Nevada Attorney General
555 East Washington Street, Suite 3900
Las Vegas, NV 89101
Phone: (702) 486-3132, Email: BCFINFO@ag.state.nv.us

CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected 
for us to not share your credit and personal ﬁnancial information with other Fifth Third companies. 

CUSTOMER IDENTIFICATION PROGRAM

In accordance with the USA PATRIOT Act, Federal law requires all ﬁnancial institutions to obtain, verify, and record information that identiﬁes 
each individual or entity opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as 
well as trust, brokerage, insurance, and investment management accounts.

What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identiﬁcation number, date of birth (if applicable), 
and other information that will allow Fifth Third to identify you. You will also be asked to furnish your driver’s license or other identifying 
documents. We are required to follow this procedure each time an account is opened, even if you are a current customer of Fifth Third.

LIST OF AFFILIATES

Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Insurance Agency, Inc.
Fifth Third Mortgage Company
Fifth Third Securities, Inc. Member FINRA/SIPC

Fifth Third Equipment Finance Company
Fifth Third Asset Management, Inc.
Vantiv, Inc.
SLK Global/BPO Services Pvt. Ltd.

Fifth Third Holdings, LLC
Fifth Third Mortgage−Michigan, LLC
Fifth Third Auto Leasing Trust
Vista Settlement Services, LLC

Fifth Third Bank, Member FDIC.

Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may 
be reﬂected in your credit report.

Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a wholly owned subsidiary of Fifth Third Bank 
and a registered broker-dealer. Securities and investments offered through Fifth Third Securities, Inc. and insurance products:

Are Not FDIC Insured

Offer No Bank Guarantee

May Lose Value

Are Not Insured By Any Federal Government Agency

Are Not A Deposit

Insurance products made available through Fifth Third Insurance Agency, Inc.

8

M-108771

02/13

Visa Classic/MasterCard Standard Fees and Credit Disclosures

Interest Rates and Interest Charges

Annual  
Percentage  
Rate (APR)  
for  
Purchases:

APR for 
Balance 
Transfers:

0% introductory APR for 6 months.  
After that, your APR will be 9.20%,
This APR will vary with the market based on the WSJ Prime Rate.

0% introductory APR for 6 months. After that,  
your APR will be 9.20%. 
This APR will vary with the market based on the WSJ Prime Rate.

APR for Cash 
Advances

15.20%
This APR will vary with the market based on the WSJ Prime Rate.

How to 
Avoid Paying 
Interest on 
Purchases

Your due date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases and Balance 
Transfers if you pay your entire balance by the due date each 
month. We will begin charging interest on cash advances on the 
posting date.

If you are charged interest, the charge will be no less than $0.50.

Minimum 
Interest 
Charge

FEES

Annual Fees

• Annual Fee

$15

Penalty Fees

•  Late  

Payment

•  Returned  
Payment

Up to $15

Up to $15

How We Will Calculate Your Balance: We use a method called “average daily balance 
(including new purchases).”

The  introductory  APR  for  Purchases  and  Balance  Transfers  is  0%  for  6  months.  Thereafter, 
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 9.20%. 
The APR for Cash Advances is 15.20%. 

The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%. 
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has 
ended will be 0.7667%. The Monthly Periodic Rate for Cash Advances is 1.2667%. 

The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers 
will be 5.95%. Your margins are the portions of your interest rates added to the Index value  
(WSJ Prime Rate) used to determine your APRs.  

Information contained in this Fifth Third Bank Disclosure is accurate as of 6/30/2013 and is 
subject to change thereafter. 

The WSJ Prime Rate means the prime rate published in the “Money Rates” section of the 
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to 
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR 
for Purchases will be applied to your existing Account balance and to subsequent transactions 
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase 
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change 
and may result in a smaller part of your payment being applied to reduce principal.

Explanation of Balance Subject to Interest Charges: We figure the interest charge 
on your account by applying the periodic rate to the “average daily balance” of your account. 
To get the “average daily balance” we take the beginning balance of your account each day, 
add any new purchases, and subtract any payments or credits. This gives us the daily balance. 
Then, we add up all the daily balances for the billing cycle and divide the total by the number 
of days in the billing cycle. This gives us the “average daily balance.”

Visa Platinum Fees and Credit Disclosures

Interest Rates and Interest Charges

Annual  
Percentage  
Rate (APR)  
for  
Purchases:

APR for 
Balance 
Transfers:

0% introductory APR for 6 months.  
After that, your APR will be 10.20%,
This APR will vary with the market based on the WSJ Prime Rate.

0% introductory APR for 6 months. After that,  
your APR will be 10.20%. 
This APR will vary with the market based on the WSJ Prime Rate.

APR for Cash 
Advances

15.20%
This APR will vary with the market based on the WSJ Prime Rate.

How to 
Avoid Paying 
Interest on 
Purchases

Your due date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases and Balance 
Transfers if you pay your entire balance by the due date each 
month. We will begin charging interest on cash advances on the 
posting date.

If you are charged interest, the charge will be no less than $0.50.

Minimum 
Interest 
Charge

FEES

Annual Fees

• Annual Fee

$20

Penalty Fees

•  Late  

Payment

•  Returned  
Payment

Up to $15

Up to $15

How We Will Calculate Your Balance: We use a method called “average daily balance 
(including new purchases).”

The  introductory  APR  for  Purchases  and  Balance  Transfers  is  0%  for  6  months.  Thereafter, 
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 10.20%. 
The APR for Cash Advances is 15.20%. 

The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%. 
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has 
ended will be 0.8500%. The Monthly Periodic Rate for Cash Advances is 1.2667%. 

The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers 
will be 6.95%. Your margins are the portions of your interest rates added to the Index value  
(WSJ Prime Rate) used to determine your APRs.  

Information contained in this Fifth Third Bank Disclosure is accurate as of 6/30/2013 and is 
subject to change thereafter. 

The WSJ Prime Rate means the prime rate published in the “Money Rates” section of the 
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to 
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR 
for Purchases will be applied to your existing Account balance and to subsequent transactions 
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase 
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change 
and may result in a smaller part of your payment being applied to reduce principal.

Explanation of Balance Subject to Interest Charges: We figure the interest charge 
on your account by applying the periodic rate to the “average daily balance” of your account. 
To get the “average daily balance” we take the beginning balance of your account each day, 
add any new purchases, and subtract any payments or credits. This gives us the daily balance. 
Then, we add up all the daily balances for the billing cycle and divide the total by the number 
of days in the billing cycle. This gives us the “average daily balance.”

MasterCard Gold Fees and Credit Disclosures

Interest Rates and Interest Charges

Annual  
Percentage  
Rate (APR)  
for  
Purchases:

APR for 
Balance 
Transfers:

0% introductory APR for 6 months.  
After that, your APR will be 11.20%,
This APR will vary with the market based on the WSJ Prime Rate.

0% introductory APR for 6 months. After that,  
your APR will be 11.20%. 
This APR will vary with the market based on the WSJ Prime Rate.

APR for Cash 
Advances

15.20%
This APR will vary with the market based on the WSJ Prime Rate.

How to 
Avoid Paying 
Interest on 
Purchases

Your due date is at least 25 days after the close of each Billing 
Cycle. We will not charge you interest on Purchases and Balance 
Transfers if you pay your entire balance by the due date each 
month. We will begin charging interest on cash advances on the 
posting date.

If you are charged interest, the charge will be no less than $0.50.

Minimum 
Interest 
Charge

FEES

Annual Fees

• Annual Fee

$20

Penalty Fees

•  Late  

Payment

•  Returned  
Payment

Up to $15

Up to $15

How We Will Calculate Your Balance: We use a method called “average daily balance 
(including new purchases).”

The  introductory  APR  for  Purchases  and  Balance  Transfers  is  0%  for  6  months.  Thereafter, 
Purchases and Balance Transfers will be subject to the APR for Purchases and will be 11.20%. 
The APR for Cash Advances is 15.20%.

The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%. 
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period has 
ended will be 0.9333%. The Monthly Periodic Rate for Cash Advances is 1.2667%. 

The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers 
will be 7.95%. Your margins are the portions of your interest rates added to the Index value  
(WSJ Prime Rate) used to determine your APRs.  

Information contained in this Fifth Third Bank Disclosure is accurate as of 6/30/2013 and is 
subject to change thereafter. 

The WSJ Prime Rate means the prime rate published in the “Money Rates” section of the 
online version of The Wall Street Journal. We determine the WSJ Prime Rate two days prior to 
the closing date of your Billing Cycle. Changes to the Daily Periodic Rate and corresponding APR 
for Purchases will be applied to your existing Account balance and to subsequent transactions 
effective the first day of the Billing Cycle in which we determine the interest rate. Any increase 
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will change 
and may result in a smaller part of your payment being applied to reduce principal.

Explanation of Balance Subject to Interest Charges: We figure the interest charge 
on your account by applying the periodic rate to the “average daily balance” of your account. 
To get the “average daily balance” we take the beginning balance of your account each day, 
add any new purchases, and subtract any payments or credits. This gives us the daily balance. 
Then, we add up all the daily balances for the billing cycle and divide the total by the number 
of days in the billing cycle. This gives us the “average daily balance.”