Cardmember  Agreement for U.S. Bank National Association  American  Express® 
Credit Card Accounts 
This credit card program is issued and administered by U.S. Bank National Association. This information is accurate as of March 31, 
2021.   PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See 
the Agreement that was provided for your Account and Card for more detailed information, including contact information. 

PRICING INFORMATION:  Actual pricing will vary from one Cardmember to another. 

(APR = Annual Percentage Rate) 
(DPR = Daily Periodic Rate) 
Annual Percentage Rates for Purchases 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 6.74% to Prime + 20.74% 
(APR) 9.99% to 23.99% 
(DPR) 0.027370%  to 0.065760% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 6.74% to Prime + 20.74% 
(APR) 9.99% to 23.99% 
(DPR) 0.027370% to 0.065760% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on 
the Prime Rate. 

Prime + 20.74% to Prime + 20.74% 
(APR) 23.99% to 23.99% 
(DPR) 0.065726% to 0.065760% 

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   

Your due date is 24-30 days after the close of each billing 
cycle. We will not charge you interest on Purchases if you 
pay your entire balance by the due date each month.  We 
will begin charging interest on Advances and Balance 
Transf ers on the transaction date. 
If  you are charged interest, then the Minimum Interest 
Charge will be no less than $2.00. 
To learn more about factors to consider when applying for or 
using  a  credit  card,  visit  the  website  of   the  Consumer 
Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 
NOTICE: Some of  these set-up and maintenance f ees will 
be assessed before you begin using your Card and based 
on your Credit Limit, your initial available credit will be less.  

You may still reject this Account, provided that you have not 
yet used it or paid a fee after receiving a billing statement. If  
you do reject the Account, you are not responsible f or any 
f ees or charges. 
NONE 
NONE 

•  Balance Transf er Advance Fee  

•  Convenience Check Advance Fee 

•  Financial Institution Cash Advance 

Fee  

•  Cash Equivalent Advance Fee 

•  Cash Advance Overdraft Protection 

Fee  

•  Cash Advance ATM Fee 

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 $10 or 4% of  the Advance amount, whichever is 
greater (maximum fee (No Maximum)). 
Either $20 or 4% of  the Advance amount, whichever is 
greater (maximum fee (No Maximum)).  
NONE  

Either $10 or 4% of  the Advance amount, whichever is 
greater (maximum fee (No Maximum)).   

 
 
 
 
 
 
 
 
 
•  Foreign Transaction Fee 

Up to 3% of each foreign transaction amount. 

Account Fees 

•  Late Fee  
•  Overlimit Fee  
•  Return Payment Fee  

Up to $40 
NONE 
Up to $35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”.  See the Agreement for more details. 

P. O. Box 6352 
Fargo, ND   58125 

Cardmember Agreement  

This is a cardmember agreement and disclosure statement (“Agreement”) between 
you and the Issuer containing the terms that will apply to your Credit Card Account 
(“Account”) effective March 31, 2021.  American Express is a federally registered 
service mark of American Express and is used by U.S. Bank National Association 
pursuant to a license.  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 “the Issuer” 
means U.S. Bank National Association, 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, 
traveler’s 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.  American 
Express Cards are not presently accepted for the purchase of bets, lottery tickets 
(except where allowed for on-site sales of state and national government lottery 
tickets at authorized retailers) or casino gaming chips. 

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. U.S. Bank Overdraft Protection: This section is part of the Agreement only if you 
have specifically requested and have obtained an Overdraft Protection Plan by 
linking the  Account with  a  designated U.S. Bank personal checking account 
("checking account").  An "Overdraft Protection Advance" is an advance of funds 
to  your designated checking account from  this  Account  that  will  help cover 
overdrafts on your checking account.  Any Overdraft Protection Advance will post 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
and be charged interest as an Advance drawn on the Account.  Please refer to the 
U.S.  Bank  Deposit  Account  Agreement  (entitled,  "Your  Deposit  Account 
Agreement") for full Overdraft Protection Plan terms and the Consumer Pricing 
Information Brochure for fees that apply for Overdraft Protection Advances.  We 
may cancel Overdraft Protection privileges under the Account, even if the Account 
remains open for other purposes. 

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.  There is no Annual Membership Fee on your Account. 
(c) We may add a Late Payment Fee to the Purchase balance of the Account 
if your Minimum Payment is not received by the Payment Due Date shown 
on the monthly Account statement.   
(d) There is no Overlimit Fee on your Account.         
(e) We may add a Returned Payment Fee to the Purchase balance of the 
Account if any payment on the Account is not honored or if we must return it 
to you because it cannot be processed. A check that is returned unpaid will 
be sent for collection.  
(f) We will add a Duplicate Documentation Fee to the Purchase balance of 
the Account for each copy of a monthly statement, sales slip, refund slip, or 
Advance slip that you request. There will be no charge for documentation 
requests made in connection with a billing error notice, if our investigation 
indicates a billing error occurred. 
(g) We may add a service charge to the Purchase balance of the Account if 
you call us  to  make a payment on your Account and are assisted by a 
Cardmember Service  Representative to make the payment. You will  be 
provided with  confirmation of  the  service  charge  before  the  payment 
transaction is authorized.  
(h) We may add a Stop Payment Check Fee to the Purchase balance of   your 
Account if  you request a stop payment on a Convenience Check.   (See 
"Paying and Stopping Payment on Convenience Checks" section above for 
more details.) 

Under no circumstances will your Late Payment Fee or Returned Payment Fee 
ever be greater than your Minimum Payment due and under no circumstance will 
your Overlimit Fee ever be greater than the amount your balance is overlimit. 

 
 
 
 
 
 
 
   
 
 
            
IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT 

15. BalanceShield or Insurance Charges: Your purchase of BalanceShield debt 
cancellation or credit life insurance and disability is optional.  Whether or not you 
purchase BalanceShield or credit insurance will not affect your application for 
credit or the terms of any existing credit agreement you have with us.  If you elect 
to purchase BalanceShield or credit insurance and are eligible to participate, the 
monthly program fee or premium (at the rate disclosed to you) will be added to the 
Purchase balance as of the closing date of  each billing cycle based upon the 
Account balance (including accrued INTEREST CHARGES).  The 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.  

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. 

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 Purchases at foreign merchants and for cash 
withdrawals from foreign ATMs that display the American Express logo. (To find 
your nearest ATM  please visit  www.americanexpress.com/atmlocator.)  If you 
make a charge or cash withdrawal in a foreign currency, American Express will 
convert it  into  U.S.  Dollars on the  date  that  American Express or American 
Express’  agents  process  it,  which  may  be  different  than  the  date  of  the 
transaction.  Unless a particular rate is required by law, the rate American Express 
uses to convert transactions in foreign currencies to U.S. Dollars is no more than 
the highest official rate published by a government agency or the highest interbank 
rate from customary banking sources on the conversion date or the prior business 
day.  This rate may differ from the rates that are in effect on the date of your charge 
or withdrawal.  Charges that are converted directly by a merchant (such as airlines) 
will be at the rates they use.   If your transaction is in a foreign currency, we will 
add a Foreign Transaction Fee INTEREST CHARGE of up to 3% of the Purchase 
transaction or up to 3% of the ATM transaction. If you make a transaction in U.S. 
Dollars outside the United States (including charges made from websites outside 
the United States), we will add a Foreign Transaction Fee INTEREST CHARGE of 
up to 3% of the Purchase transaction or up to 3% of the ATM transaction.  

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 this is a joint Account, we will honor a request by either of you to cancel 
the Account. After the Account is cancelled, you will not be able to obtain additional 
Account credit, except that,  (a) the Account may continue to receive recurring 
charges for items and services until you contact and cancel delivery with the 
company providing the item or service, or (b) under certain circumstances if you 
use your Account for a transaction, the transaction may be posted to your Account.  
After your Account is cancelled, all amounts outstanding on your Account will be 
due and payable without notice or demand from us. You must cut all Cards and 
Convenience Checks in half and return them to us.  If you do not pay the amount 
you owe under this Agreement, you will be liable for our collection costs including 
our reasonable attorney fees and expenses of legal actions, to the extent permitted 
by applicable law. 

33. Assignment of Your Account to Another Creditor: We may assign, sell or 
transfer your Account and amounts owed by you to another creditor at any time. If 
we do, this Agreement will still be in effect unless and until amended, and any 
references made in this Agreement to “we”, “us”, or “our” will refer to the creditor 
to which we assigned, sold or transferred your Account or amounts owed under 
your Account. You may not delegate your obligations and responsibilities to us to 
any third party without our express written consent. 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving 
you credit or collecting amounts owed on your Account. You agree that a consumer 
credit report may be requested periodically from one or more consumer reporting 
agencies (“Credit Bureaus”) and used in connection with your application and any 
update, renewal or extension of credit. We will provide information about you, your 
Account or your credit history to Credit Bureaus and others who may properly 
receive that information. 

35. Credit Bureau Disputes: If you believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the  Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166-
9801.  

36.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy 
Pledge was included with your original Agreement.   We also keep copies of our 
Privacy Pledge in financial institution offices and post it  on our web site.   Our 
Privacy Pledge describes how we collect, protect and use confidential financial and 
other information about you and the circumstances in which we  might share 
information about you with members of our corporate family and with unaffiliated 
third parties. Our Privacy Pledge also tells you how you can (a) limit the ways we 
share certain kinds of  information about you and (b) request corrections to the 
information we maintain about you. 

37. Refusal to  Honor Transactions: We and our agents are not responsible if 
anyone refuses to honor your Card or a Convenience Check, or if authorization for 
a particular transaction is not given. Although you may have credit available under 
your Account, we may be unable to authorize credit for a particular transaction. 
The number of transactions you make in one day may be limited, and the limit per 
day may vary. These restrictions are for security reasons and as a result we cannot 
explain the details of how this system works. If  your Account is over the Credit 
Limit or delinquent, authorization of credit for transactions may be declined. We 
are not responsible for anything purchased with your Card or a Convenience 
Check, except as expressly required by applicable law (see Your Billing Rights 
section below for more details). You must return goods you purchased with the 
Card or Account to the merchant and not to us.  

38. Third Party Offers:  From time to  time,  third parties may provide you with 
benefits not related to the extension of Account credit. We are not liable for these 
features, services and enhancements, as they are the sole responsibility of the 
third party provider. We and/or a third party may add, change or delete entirely 
these benefits without notice or liability to you, to the extent permitted by applicable 
law. You agree to hold us harmless from any claims, actions or damages resulting 
from your use of any of these features, services or enhancements, where permitted 
by applicable law. 

39. Monitoring and Recording Communications: You understand and agree that 
we,  and  anyone  acting  on  our  behalf,  may  monitor  and/or  record  any 
communications between you, or anyone acting on your behalf, and us, or anyone 
acting on our behalf, for quality control and other purposes.  You also understand 
and agree that this monitoring or recording may be done without any further notice 
to  you  or  anyone acting on your behalf.   The communications that may  be 
monitored or recorded include telephone calls, cellular or mobile phone calls, and 
any other communications in any form.    

40. Severability: If a court of competent jurisdiction finds any part of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in 
effect  as written after any such illegal or unenforceable portion is amended in 
conformance with applicable law or, if necessary, voided.  

41. Entire Agreement: This version of the web Agreement replaces any previous 
versions of the web Agreement. The Agreement, as modified by any change in 
terms  we  may  deliver from  time  to  time  in  accordance with applicable law, 
constitutes the entire agreement between you and us, and supersedes any prior 
negotiation, agreement, or understanding between you and us concerning the 
subject matter of the Agreement.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

43.  Arbitration Provision: 
(a)  You agree that either you or we can choose to have binding arbitration 
resolve any claim,  dispute or controversy between you and us that arises 
from  or  relates  to  this  Agreement  or  the  Account  and  credit  issued 
thereunder (individually and collectively, a "Claim").  This does not apply to 
any Claim in which the relief sought is within the jurisdictional limits of, and 
is filed  in,  a small claims court. If  arbitration is chosen by any party, the 
following will  apply: 

(1)  NEITHER YOU NOR WE WILL  HAVE THE RIGHT TO LITIGATE  A 
CLAIM IN COURT  OR TO  HAVE A JURY TRIAL ON  A CLAIM, OR TO 
ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED 
FOR IN THE APPLICABLE ARBITRATION RULES.  
(2) Arbitration will  only decide our  or your  Claim,  and you may not 
consolidate or join the claims of other persons who may have similar 
claims.   YOU  WILL  NOT  HAVE THE RIGHT  TO  PARTICIPATE AS A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR 
AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO  ANY CLAIM 
SUBJECT TO ARBITRATION.  
(3) The arbitration will be performed in accordance with this Arbitration 
Provision and the  rules of the chosen arbitrator in  effect when  the 
Claim is filed.   
(4)  The arbitrator’s decision will generally be final and binding, except 
for the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also 
not be available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or 
the  American  Arbitration  Association  ("AAA")  (or,  if  neither  of  these 
arbitration organizations will serve, then a comparable substitute arbitration 
organization  agreed upon  by  the parties or,  if  the parties cannot agree, 
chosen by  a  court  of  competent jurisdiction).    If  JAMS is  selected, the 
arbitration will  be handled according to  its Streamlined Arbitration  Rules 
unless the Claim is for $250,000 or more, in which case its Comprehensive 
Arbitration Rules shall apply.  If the AAA is selected, the arbitration will  be 
handled according to  its Commercial  Arbitration Rules.   You  may obtain 
rules  and  forms  for  JAMS  by  contacting  JAMS  at  1-800-352-5267  or 
www.jamsadr.com and for the AAA by contacting the AAA at 1-800-778-7879 
or www.adr.org.   Any arbitration hearing that you attend will take place in the 
federal judicial district where you reside.  At your request, we will advance 
your filing  and hearing fees for any Claim you may file against us. If  you 
prevail on your Claim, we will  pay your arbitration costs and fees, other than 
attorney, expert and witness fees and expenses.  We will also pay any fees 
or expenses that applicable law requires us to pay.  The arbitrator shall apply 
applicable substantive law consistent with the Federal Arbitration  Act,  9 
U.S.C. §§ 1 through 16, including but  not limited to applicable statutes of 
limitation, and shall honor claims of privilege recognized at law.  Judgment 
upon  the award  rendered by  the arbitrator  may be  entered in  any court 
having jurisdiction.  

(c) This Arbitration Provision shall survive repayment of your extension of 
credit and termination of your Account.  This Arbitration Provision shall be 
governed by federal law, including the Federal Arbitration Act, and by Ohio 
law, without regard to its internal conflict of law principles, to the extent such 
state law does not conflict with federal law or this Arbitration Provision. This 
Arbitration Provision shall not apply to a party who is a covered borrower 
under  the  Military  Lending  Act.    Notwithstanding  any language  of  this 
Agreement to the contrary, should any portion of this Arbitration Provision 
be held  invalid  or  unenforceable by a court or  other  body of  competent 
jurisdiction, 
this  entire  Arbitration  Provision  shall  be  automatically 
terminated and all  other provisions of this Agreement shall remain in  full 
force and effect. 

Federal law provides important protections to members of the Armed Forces and 
their dependents relating to extensions of consumer credit. In general, the cost of 
consumer credit to a member of the Armed Forces and his or her dependent may 
not exceed an annual percentage rate of 36 percent. This rate must include, as 
applicable to the credit transaction or account: the costs  associated with credit 
insurance premiums; fees for ancillary products sold in connection with the credit 
transaction; any application fee charged (other than certain application fees for 
specified credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). For a verbal transcript of 
this disclosure, please call 1-877-292-1682. 

YOUR BILLING RIGHTS 

Keep this document for future use.  This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act. 

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: 
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. 

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
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