Credit Card Cardholder Agreement

This Cardholder Agreement (“Agreement”) and the documents 
listed in the next sentence (“Cardholder Documents”) govern the 
use of your BMO Harris Bank MasterCard®, BMO Harris Bank Rewards 
MasterCard®, BMO Harris Bank Premier Rewards MasterCard®, BMO 
Harris Bank Select World MasterCard, BMO Harris Bank Premier World 
MasterCard®, and BMO Private Bank Premier World MasterCard® credit 
card account (“Account”), which is issued by BMO Harris Bank N.A. 
(“Bank”). The Cardholder Documents include the Agreement and:

•  The card carrier (“Card Carrier”) we send with your credit card or 

cards (“Card”);

•  The Supplemental Credit Terms (“Supplement”) we provide on or 

with the Card Carrier; and

•  The application or solicitation (“Application”) you signed or 

otherwise submitted to request the Account.

The Card Carrier, Supplement and Application are part of this 
Agreement. Please read and keep the Cardholder Documents for 
your records.

1. PARTIES, ADDRESSES AND SIGNATURES. In this Agreement, 
“you,” “your” and “cardholder” mean each person who applied for 
an Account approved by the Bank. “We,” “us” and “our” mean the 
Bank or any person or entity to which the Bank sells or gives your 
Account. These terms have the same meanings when used in your 
monthly billing statement (“Statement”).

Unless you tell us otherwise, we will assume that you live at the 
address (1) on your Application or (2) where you have told us to 
send Statements (see paragraph 7 below). You agree to tell us right 
away of any change in your address. Our address is BMO Harris Bank 
N.A., Customer Service, P.O. Box 84048, Columbus, GA 31908-4048.

Your handwritten, electronic or digital signature on any document 
you sign in connection with the use of your Card or Account is part 
of this Agreement. Such documents include, but are not limited to, 
your Card, Application or any accepted sales slip.

2. USING YOUR ACCOUNT. You can use your Account to make three 
types of transactions:

•  Balance Transfers: You can transfer balances from other credit 
card accounts to this Account. You can use an Easy Balance 
Transfer Form or other method we may offer from time to time. 
For purposes of this Agreement, we treat Balance Transfers like 
Cash Advances;

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•  Purchases: You can purchase goods or services from any 

merchant that accepts your Card. Purchases of items that you can 
trade right away for cash (for example, casino chips) will be Cash 
Advances instead of Purchases (see paragraph 14 below); and

•  Cash Advances: You can get cash loans as explained in paragraph 

14 below.

If your Account is a joint Account, each of you may use the Account.

3. ILLEGAL TRANSACTIONS. You agree that your Card or Account will 
not be used for any transaction that may be illegal under applicable 
law. Such transactions include, for example, Internet gambling 
transactions.

4. PROMISE TO PAY. By using your Card or Account, you agree to the 
terms in this Agreement. You specifically promise to pay all amounts 
you owe. If you let another person use your Account, you promise 
to pay all amounts owed because of that person’s transactions. If 
you have a joint Account, we can ask any one or all of you to pay 
any or all amounts. It does not matter which one of you charged the 
amounts to the Account.

5. CHANGES IN TERMS. Subject to the requirements and limitations 
of applicable law, we may change any of the terms of this 
Agreement. Such changes may include revising or removing existing 
terms and adding new terms. The terms changed may include, for 
example, periodic rates, fees and this Changes in Terms provision. 
We will give you notice of any change as required by applicable law.

6. CREDIT AND CASH LIMITS. We will set a maximum amount of 
credit for your Account (your “Credit Limit”). The maximum amount 
of credit for Cash Advances and Balance Transfers (“Cash Limit”) will 
be a percentage of your Credit Limit. We will print that percentage 
on the Supplement. We will print the dollar amount of your Credit 
Limit on the Card Carrier and each Statement.

You agree not to use your Account for any transaction that would 
cause the total unpaid balance of your Account to go over your 
Credit Limit. You may not get a Cash Advance or Balance Transfer if 
it would cause the total unpaid balance of Cash Advances (including 
Balance Transfers, Interest, Cash Advance Fees and Balance Transfer 
Fees) to go over your Cash Limit. We may ask you to pay right away 
any amount over your Credit Limit or Cash Limit.

We may change the amount of available credit from time to time. 
This means we may increase, decrease or remove your Credit 
Limit and/or Cash Limit. We also may set a limit for other types of 
transactions, such as Balance Transfers. We may change the amount 
of available credit without telling you first unless applicable law 
requires us to do so. Reasons for changes include, for example, your 
credit history with us and/or your default under this Agreement (see 
paragraph 18.B below). Other reasons include prevention of fraud 
and changes to this credit card program or Bank policy. Although 
we credit your payments as described in paragraph 13.C or D below, 
we may not make credit available on your Account in the amount of 
your payment right away.

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7. YOUR STATEMENT. We will send you a Statement for each monthly 
billing cycle in which:

•  You owe us or we owe you more than $1 on the last day  

of the cycle;

•  We impose Interest or a fee;

•  There is any other activity on your Account; or

•  Applicable law requires us to send a Statement.

The Statement will show important information about your Account, 
such as:

•  The unpaid balance of your Account at the beginning of the cycle;

•  Payments or other credits to your Account during the cycle;

•  Transactions, Interest, fees, and any other amounts charged to 

your Account during the cycle;

•  The total unpaid balance of your Account on the last day of the 

cycle (“New Balance”);

•  The minimum payment you must make (the “Minimum Payment 
Due”) and the date that it is due (the “Payment Due Date”); and

•  Your Credit Limit and the dollar amount of credit and cash 

available (“Available Credit” and “Available Cash”).

We will send Statements and any other notices to (1) the address 
on your Application or (2) a different address you give us. If your 
Account is a joint Account, each one of you agrees that any one of 
you can pick the address.

8. INTEREST. We will calculate interest on your Account each cycle 
by multiplying a monthly periodic rate by the balance subject to the 
interest rate of your Account (“Interest”) as described in paragraph 
10 below. We will charge a minimum Interest charge in the amount 
shown on the Supplement in any billing cycle that you owe Interest.

9. PERIODIC RATES. We will use one or more periodic rates to 
determine how much Interest you owe. The periodic rate is the 
annual percentage rate (“APR”) divided by 12. The Supplement 
shows the periodic rates and APRs that apply to your Account.

•  A. Purchase Rate. The rate for Purchases (“Purchase Rate”) will 

be the rate shown on the Supplement.

•  B. Cash Advance Rate. The rate for Cash Advances (“Cash 
Advance Rate”) will be the rate shown on the Supplement.

•  C. Balance Transfer Rate. The rate for balance transfers 
(“Balance Transfer Rate”) will be the rate shown on the 
Supplement.

•  D. Variable Rates. The applicable rate for each billing cycle  
will be an index rate (“Index Rate”) plus a percentage we  
select (“Margin”).

The Index Rate is the Prime Rate published in The Wall Street Journal 
on the last day of the month just before each Statement date. If 
there is no published Prime Rate, we may pick a similar rate. We 
will tell you what rate we pick.

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Different Margins may apply to different transactions. For example, 
we may give you one Margin for Purchases (“Margin for Purchases”). 
We may give you a different Margin for Cash Advances (“Margin 
for Cash Advances”) and for Balance Transfers (“Margin for Balance 
Transfers”). We will print the Margins for your Account on  
the Supplement.

Variable rates may increase if the Index Rate increases. If the Index 
Rate increases, we will change your variable rates for the billing 
cycle that begins in the next calendar month. The increased variable 
rates will apply to new transactions and existing balances. If any 
variable rate increases, the amount of Interest and the Minimum 
Payment Due may increase.

10. BALANCE SUBJECT TO INTEREST RATE. The balance subject to 
Interest is the average daily balance of your Account. We calculate 
the average daily balance on your Account in three categories: (1) 
Purchases, (2) Cash Advances, and (3) Balance Transfers. To get the 
“average daily balance” for each category, we take the beginning 
balance of your Account for that category each day. We then add 
any new transactions in that category. We then subtract any new 
payments or credits. We also subtract unpaid Interest and/or unpaid 
fees. This gives us the daily balance for each category. We then 
add up all the daily balances for each category for the billing cycle. 
We then divide the total by the number of days in the billing cycle. 
This gives us the Average Daily Balance for Purchases, the Average 
Daily Balance for Cash Advances, and the Average Daily Balance for 
Balance Transfers.

11. WHEN INTEREST BEGINS. You will have at least a 21-day grace 
period (“Grace Period”) on some transactions. This means you have 
at least 21 days from the Closing Date on your Statement to pay for 
new Purchases before we charge Interest on them. The Grace Period 
applies only if you had no balance left over from the past billing 
cycle. This could happen two ways. You could have had no New 
Balance (or a credit balance) on the Statement for the past cycle. 
Or, you could have paid the New Balance for the past cycle in full 
by the Payment Due Date. When the Grace Period does not apply, 
Interest on Purchases begins on the date we post the transaction to 
your Account.

The Grace Period does not apply to Cash Advances or Balance 
Transfers. Interest on Cash Advances and Balance Transfers  
begins on the date we post the Cash Advance or Balance Transfer  
to your Account.

12. FEES. 

 A. Fees Shown on Supplement. We may charge the following 
fees. If a fee applies to your Account, we will print the amount  
of the fee on the Supplement.

 1. An Annual Fee due on or after the date we open your 
Account and annually thereafter;

 2. A Late Payment Fee if we do not receive at least the 
Minimum Payment Due by the Payment Due Date. The Late 
Payment Fee will be $25 ($35 if a payment is late again within 
six billing cycles) or the minimum payment due when the 
payment was late, whichever is less;

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 3. A Cash Advance Fee for each Cash Advance (not to exceed 
$10 for any Cash Advance you get under any overdraft 
protection program we may offer (see paragraph 14 below));

 4. A Balance Transfer Fee for each Balance Transfer; and

 5. A Foreign Transaction Fee for any transaction you make 
outside the United States (except Puerto Rico or the U.S.  
Virgin Islands).

 B. Fees Disclosed at Time of Request. We also may charge the 
following fees. If a fee applies to your Account, we will tell you 
the amount of the fee at the time you request the service: 

 1. A Replacement Card Fee if you request a replacement Card;

 2. An Expedited Delivery Fee (in addition to the Replacement 
Card Fee) if you ask us to send a replacement Card by 
expedited delivery;

 3. An Electronic Payment Fee if you use our electronic 
payment services to pay your Account; and

 4. A Dual Statement Fee if you ask us to send your Statements 
in both paper and electronic form.

13. YOUR PAYMENTS. 

 A. Minimum Payment. Each billing cycle you must pay at 
least the Minimum Payment Due by the Payment Due Date. We 
explain how we calculate your Minimum Payment Due on the 
Supplement. You may at any time pay more than the Minimum 
Payment Due or the full unpaid balance without any extra charge.

 B. How to Make Payments. Make your payment by check, 
money order or similar instrument in U.S. dollars. If you write 
a check, the check must be from a financial institution in 
the United States. Do not send us cash. You may not use a 
Convenience Check to pay us (see paragraph 14 below). Mail your 
payment to the address on your Statement or deliver it in person 
to a Qualifying Branch (see paragraph 13.D below). With your 
payment, include your payment coupon, which is a part of your 
Statement. If you do not include your payment coupon, we may 
delay crediting the payment to your Account. A Late Payment Fee 
and additional Interest may be charged if crediting is delayed.

 C. When We Credit Payments and How We Apply Payments. 
If we receive your payment by mail by 5:00 p.m. Central Time 
on any business day, we will credit the payment to your Account 
on that day. Otherwise, we will credit the payment on the next 
business day. If you make a payment at any location other than 
the address on your Statement or a Qualifying Branch (see 
paragraph 13.D below), we may delay crediting that payment. 
We may use payments up to the required Minimum Payment 
to pay down the balances of your Account in any order we 
decide. This may include paying balances subject to lower rates 
of Interest before balances subject to higher rates. For any 
payment amount over the Minimum Payment we will allocate 
such amounts to pay balances subject to higher rates of Interest 
before paying balances subject to lower rates.

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 D. Alternative Payment Option for Cardholders. If you have a 
BMO Harris-branded card, you may deliver your payment during 
normal business hours to a Customer Service Representative at 
any bank branch identified by the BMO Harris name, brand or 
logo (“Qualifying Branch”). We will credit such payments on the 
day we receive them.

 E. Disputed Payments. You agree not to send us disputed 
payments. By disputed payment, we mean a payment of 
less than the amount due marked “paid in full,” “without 
recourse” or similar language. If you send a disputed 
payment, we may take it without losing any of our rights. If 
you want to tell us about a disputed payment, send a letter 
and/or disputed payment to the address listed in paragraph 1 
above and not the address on your Statement.

14. GETTING CASH ADVANCES. You can get a Cash Advance by 
taking your Card to a financial institution and asking for cash (see 
paragraph 6 above). You also can get a Cash Advance in one of the 
following ways:

•  Convenience Checks: We may send you Convenience Checks from 
time to time. You can use a Convenience Check like a personal 
check. We may charge a Convenience Check to your Account at 
the time we receive it, even if it (1) is post-dated, (2) is stale or 
(3) will cause you to go over your Credit Limit or Cash Limit. (By 
“post-dated,” we mean the date of the check is in the future. By 
“stale,” we mean a bank is not required to pay the check because 
the date of the check is too far in the past.) You can ask us to 
stop payment on a Convenience Check. Call or write us at the 
telephone number or address on your Statement. We cannot 
guarantee stop payment on Convenience Checks. We will not 
owe you anything if we fail to stop payment.

•  ATM Cash Advances: You can get an ATM Cash Advance by using 

your Card at an automated teller machine (“ATM”). The ATM must 
be on the Cirrus network or accept Cirrus ATM cards. You must 
use the correct Personal Identification Number (“PIN”). You can 
request a PIN by calling the customer service number on the 
back of your Card. Any terms, conditions or limitations of the ATM 
network you use will apply to ATM Cash Advances. We may limit 
the number or amount of ATM Cash Advances you can get in one 
day. We explain any limitations that apply to your Account on the 
Supplement. We may stop you from getting ATM Cash Advances if 
we reasonably believe there is unusual activity on your Account. 
We also may stop you from getting ATM Cash Advances if you are  
in default under this Agreement (see paragraph 18.B below).

•  Overdraft Protection Advances: If you have a checking or demand 
deposit account (“DDA”) with us now or in the future and you 
have enrolled in an available overdraft protection program, we 
may offer you an automatic Cash Advance to transfer money from 
your Account to your DDA. The automatic Cash Advance feature 
of our overdraft protection program may not be available on all 
Accounts. The amount of the Cash Advance will be the amount of 
the overdraft rounded up to the nearest $100, not to exceed your 
Cash Limit. By overdraft, we mean the total amount by which 
checks, payments, charges and other items properly chargeable 

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to your DDA exceeds the balance of your DDA. You must be 
enrolled in the overdraft protection program at the time of the 
overdraft. The terms and conditions of the overdraft protection 
program also apply to this type of Cash Advance. We will give 
you those terms and conditions when you enroll in the program.

•  Quasi-Cash Transactions: Purchases of items that you can trade 
right away for cash (“Quasi-Cash Transactions”) will be Cash 
Advances instead of Purchases. Quasi-Cash Transactions include 
purchases of casino gaming chips, money orders, deposits, wire 
transfer money orders, travelers checks, foreign currency and 
similar items.

•  Balance Transfers: Balance Transfers will be Cash Advances. 

We may allow you to make Balance Transfers by using an Easy 
Balance Transfer Form or other method we may offer from time 
to time.

15. CURRENCY CONVERSION. You can make transactions in 
currencies other than U.S. dollars. If you do, MasterCard will convert 
the amount of the transaction to U.S. dollars. MasterCard uses either 
(1) a rate MasterCard selects from the range of rates available in 
wholesale currency markets for the applicable central processing 
date, or (2) a rate set by a government for the applicable central 
processing date. The conversion rate may be different from the 
published rate in effect on the day that you made the transaction or 
that we posted the transaction to your Account.

16. AUTHORIZATION OF TRANSACTIONS. We do not promise to 
authorize every transaction you request. We may limit the number or 
amount of transactions we authorize on your Account in any one day. 
We may refuse to authorize any illegal transaction. We may refuse 
to authorize any transaction that would cause you to go over your 
Credit Limit or Cash Limit. We may refuse to authorize transactions 
if your Account is closed or in default (see paragraph 18 below). 
We will not pay for any harm these actions may cause you, except 
as required by applicable law. In addition, we will not owe you 
anything if a merchant or financial institution does not let you make 
a transaction on your Account. We also will not owe you anything if 
there is a problem with goods or services you purchase using your 
Account, except as explained in Your Billing Rights below.

17. UNAUTHORIZED USE. 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 the address listed in paragraph 1 above, or call us 
at 1-866-522-7030. 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.

18. CLOSING YOUR ACCOUNT. 

 A. How You Can Close Your Account. You can close your Account 
at any time by calling us or writing us at the telephone number or 
address on your Statement. We will close your Account right after 
we receive your notice. If you close your Account, you must stop 
using your Account right away unless you and we agree otherwise.

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 B. When We Can Suspend or Close Your Account; Default. 
We can suspend or close your Account at any time. We will not 
tell you first unless applicable law requires us to do so. We may 
suspend or close your Account for any reason. One of the reasons 
may be your default under this Agreement. We may decide you 
are in default if:

•  You do not pay any Minimum Payment Due by the  

Payment Due Date;

•  You die or become bankrupt, insolvent or incompetent;

•  Someone tries to get your assets, wages or property by filing a 

legal action against you;

•  We believe any information you gave us is false, misleading or 

incomplete;

•  You go over your Credit Limit or Cash Limit;

•  You break any promise you make in this Agreement;

•  You are in default under any other loan or security agreement 

you have with us;

•  You move to, or you live in, a place where we do not, or no 
longer, offer Accounts (including any location outside the  
United States). 

However, we will not decide you are in default for a reason 
prohibited by applicable law.

 C. After You or We Close Your Account. If you or we close your 
Account, you must pay the full amount you owe us. The full 
amount includes amounts you owe that we have not yet billed 
to you. If we close your Account, we may ask you to pay the 
full amount right away. We will not ask you to pay right away 
if applicable law prohibits it or you and we agree that you do 
not have to. Until you pay us in full, we may continue to charge 
Interest on the amount you owe us. We also may continue to 
report the amount you owe us to consumer reporting agencies 
and other proper parties. You must destroy your Card if we ask 
you to.

19. COLLECTION COSTS. If we refer your Account to an attorney for 
collection after your default, we may charge you our collection costs. 
Collection costs may include court costs and reasonable attorneys’ 
fees. We will charge these costs only when and as permitted by 
applicable law.

20. SECURITY. We may ask you to give us something valuable to 
secure payment of amounts you owe under this Agreement. We will 
not take as security any household goods or real property.

21. OTHER SERVICES. From time to time, third parties may offer 
you services. These services may include credit card registration, 
emergency cash service, address change service and other related 
services. If you purchase a service, we will charge the fee to your 
Account. If you have a problem with a service, you must contact the 
third party to resolve it. We will not owe you anything for a claim 
related to the service. You agree to hold us harmless to the fullest 

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extent possible from any such claims, unless otherwise prohibited 
by applicable law. These services may be discontinued or the 
terms of the services changed at any time without advance notice. 
If you have a Premier World MasterCard, the primary cardholder 
will receive a membership in “LOUNGE CLUB™”, an airport lounge 
access program. This membership includes a limited number of 
complimentary airport lounge visits for the primary cardholder. If 
there is more than one cardholder on your Account, we will consider 
the first person listed in our records to be the primary cardholder. 
LOUNGE CLUB™ will charge a lounge visit fee to your Account for 
each airport lounge visit by the primary cardholder that exceeds 
the maximum number of complimentary airport lounge visits and 
for each guest accompanying the primary cardholder to an airport 
lounge. The primary cardholder will receive separate documentation 
that contains additional information about LOUNGE CLUB™ 
membership benefits, including details on complimentary airport 
lounge visits and fees. As a member of LOUNGE CLUB,™ you agree 
to abide by the LOUNGE CLUB™ Terms and Conditions, which can 
be found in the lounge directory included with your membership 
credentials or at www.loungeclub.com.

22. SPECIAL PROGRAMS. From time to time, we may offer Special 
Programs. A Special Program will have some terms that are different 
from the terms in this Agreement. We will tell you the terms when 
we make the offer. If you accept the offer, you agree to those 
terms. Except where the Special Program terms are different, the 
terms in this Agreement continue to apply to Special Program 
transactions. The terms in this Agreement also continue to apply to 
transactions that are not Special Program transactions. We may use 
your payments up to the required Minimum Payment to pay down 
Special Program balances before other balances on your Account. 
This may reduce the time that any Special Program applies to your 
Account. This also may increase the amount of Interest you will owe 
on the other balances. Special Programs may include, for example:

• 

Introductory Rate: A lower rate (“Introductory Rate”) will apply 
to your Account or to certain transactions on your Account (for 
example, Purchases) for a certain period of time (“Introductory 
Period”). However, the Introductory Period may end sooner. It 
will end sooner if you do not pay the full Minimum Payment Due 
within 60 days of the Payment Due Date. After the Introductory 
Period ends, the rate(s) will increase to the rate(s) that applies at 
that time. If your Account has an Introductory Rate, we will print 
the Introductory Rate and Introductory Period on the Supplement. 
The Supplement also will explain the transactions to which the 
Introductory Rate applies.

•  Promotional Rate: A different rate (“Promotional Rate”) will 

apply to your Account or to certain transactions on your Account 
for a certain period of time (“Promotional Period”). However, 
the Promotional Period may end sooner. It will end sooner if 
you pay the balance subject to the Promotional Rate before 
the Promotional Period ends. Except during the first year your 
Account is open, it also will end sooner if you do not pay the 
full Minimum Payment Due by the Payment Due Date. During 
the first year your Account is open, it also will end sooner if you 
do not pay the full Minimum Payment Due within 60 days of 

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the Payment Due Date. After the Promotional Period ends, the 
rate(s) will increase to the rate(s) that applies at that time. If your 
Account has a Promotional Rate, we will print the Promotional 
Rate and Promotional Period on the Supplement or Special 
Program offer. The Supplement or Special Program offer also will 
explain the transactions to which the Promotional Rate applies.

23. INFORMATION ABOUT YOU. 

 A. How We Use and Share Your Credit Information. When you 
applied for an Account, you gave us information about yourself. 
You also agreed that we could request information about your 
creditworthiness and employment from others (including 
requesting your consumer report from consumer reporting 
agencies). We use this information when considering your 
Application and for any other lawful purpose. These purposes 
include (1) any updates, renewals or extensions of credit and (2) 
reviewing or collecting your Account. If you write to us at Credit 
Card Marketing, P.O. Box 2035, Milwaukee, WI 53201-2035, we 
will tell you the name and address of each consumer reporting 
agency that gave us your consumer report. We may give 
information about you and your Account to consumer reporting 
agencies and other proper parties.

 We may report information about your account to credit 
bureaus. Late payments, missed payments, or other defaults 
on your Account may be reflected in your credit report.

 B. Tell Us About Inaccurate Information. Tell us if we have 
inaccurate information about you. Also tell us if we reported 
inaccurate information about you to a credit reporting agency. 
Write to us at the address listed in paragraph 1 above. Include  
in your letter the specific information you think is inaccurate.

 C. Emergency Card Services. We may share your personal 
information with MasterCard International, MasterCard 
International contractors and service providers, and our 
contractors and service providers, for the purpose of providing 
Emergency Card Replacement and Emergency Cash Disbursement 
services to you.

 D. LOUNGE CLUB™ Enrollment. If you have a Premier World 
MasterCard we will provide personal information about the 
primary cardholder to LOUNGE CLUB™ in order to enroll the 
primary cardholder in the LOUNGE CLUB™ membership program.

24. TELEPHONE MONITORING AND SOLICITATION. We treat all 
customer calls as confidential. For quality control purposes, you 
agree that we may listen to or record telephone calls between 
you and us. You agree that we may use automated telephone 
equipment or prerecorded messages to contact you about your 
Account and available products and services. We will not contact  
you in these ways if prohibited by applicable law.

25. GOVERNING LAW. This Agreement and your Account are 
governed by federal law applicable to a national bank and, to the 
extent not preempted by federal law, the laws of Illinois, without 
regard to its conflicts of law provisions. We have accepted this 
Agreement in Illinois.

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For Maryland residents only, to the extent federal law and the laws 
of the state of Illinois do not apply, this Agreement is governed by 
Title 12, Subtitle 9 of the Maryland Commercial Law Article.

26. ARBITRATION PROVISION. Either you or we can ask the other 
to resolve a Claim by binding arbitration. By “Claim,” we mean any 
claim, dispute or controversy (whether in contract, tort or otherwise) 
at any time arising from or relating to your Account or this 
Agreement. We intend the term Claim to have the broadest possible 
meaning. Claim includes, by way of example and without limitation:

•  Claims arising from your Application for or issuance, use, terms, 

change in terms or addition of terms, closing or collection of your 
Account or this Agreement;

•  Claims arising from advertisements, promotions or oral or 

written statements related to your Account, including any Claims 
regarding information we got from you or we reported to you, 
credit reporting agencies or others;

•  Claims related to the goods or insurance or other services 

purchased under your Account;

•  Claims between you and our parent corporations, wholly or 

majority owned subsidiaries, affiliates, predecessors, successors, 
assigns, agents, independent contractors, employees, officers, 
directors or representatives arising from your Account or this 
Agreement; and

•  Claims regarding the validity, enforceability or scope of this 

Arbitration Provision or this entire Agreement.

However, the term Claim does not include any Claim relating to  
the validity and effect of any class action, consolidation and/or 
joinder waiver. 

Arbitration is different from a lawsuit in many ways. If you or we 
ask for arbitration of a Claim, neither you nor we could get a court 
or jury to decide the Claim. There may be limits on the amount 
of information you and we could get from each other before the 
arbitration. You could not be part of a class of people with similar 
complaints after you or we ask for arbitration. Except as explained 
below, the arbitrator’s decision will be final and binding. Other rights 
available to you in court may not be available in arbitration. 

The American Arbitration Association (“AAA”) or JAMS will conduct 
any arbitration between you and us. The rules for arbitrations will 
be those of either AAA or JAMS (“Rules”) in effect when you or we 
file the Claim. If something in the Rules is different from something 
in this Arbitration Provision, we will follow this Arbitration Provision. 
You can get the Rules and other forms by calling the AAA at  
(800) 778-7879, visiting the AAA’s website at www.adr.org or writing 
to the AAA at 1633 Broadway, 10th Floor, New York, New York 10019,  
or by calling JAMS at (800) 352-5267, visiting the JAMS website at 
www.jamsadr.com or writing to JAMS at 1920 Main Street, Suite 
300, Irvine, VA 92614. If for any reason either the AAA or JAMS 
cannot, will not or ceases to be an arbitration administrator, we  
will pick another administrator with similar rules. 

If you want to arbitrate a claim, send us notice at the address listed 
in paragraph 1 above. Then contact either the AAA or JAMS to find 

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out how to file a Claim. If needed, we will meet for an arbitration 
hearing in the federal judicial district where you live or some other 
place we all agree is convenient.

Arbitration fees can be more expensive than court fees. After you 
have paid arbitration fees equal to the fee to file an action in your 
local state or federal court, you can ask us in writing for help. We 
will advance up to $325 toward the filing, administrative and/or 
hearing fees for any Claim you file against us. At the end of the 
arbitration, the arbitrator will decide who should pay the arbitration 
fees. You may have to pay us back some or all of the money we 
advanced. Unless applicable law requires otherwise, each party has 
to pay for its own attorneys’, experts’ and witness fees, no matter 
who wins the arbitration. 

No Claim can be arbitrated on a class action basis. An arbitration can 
decide only your or our Claims. You cannot have a joint arbitration 
with any parties other than persons who use your Account. You also 
cannot bring together any Claims other than those relating to you and 
persons who use your Account. A court with proper jurisdiction and 
not an arbitrator will determine whether this provision prohibiting 
class actions, joinder and/or consolidation is valid and effective. 

This Arbitration Provision relates to a transaction involving interstate 
commerce. It will be governed by the Federal Arbitration Act 
(“FAA”), as amended, even if different laws apply to other parts of 
this Agreement. The arbitrator will apply applicable substantive law 
consistent with the FAA. The arbitrator will apply applicable statutes 
of limitations. The arbitrator also will honor claims of privilege 
recognized at law. Whoever wins the arbitration can get a judgment 
on the arbitration award in any court having jurisdiction. Judgments 
include, for example, garnishment, attachment, foreclosure or other 
post-judgment remedies.

The arbitrator’s decision generally will be final and binding. If there 
is a right of appeal under the FAA, however, any party can appeal 
the award. A group of three arbitrators from either AAA or JAMS 
will hear the appeal. The group will review all over again any part 
of the initial award that the party who appeals requests. The party 
who appeals must pay for the appeal no matter what happens at 
the end. 

This Arbitration Provision will apply even after you repay your 
Account and after your Account is closed. If a court decides that any 
part of this Arbitration Provision is invalid or unenforceable under the 
FAA, the other parts still apply. However, if a court decides that the 
part prohibiting class actions, consolidation and/or joinder is invalid 
or unenforceable, then this Arbitration Provision will not apply. 

You can opt out of this Arbitration Provision if you write to 
us within 30 days after we open your Account. Send a letter 
that says you do not agree to the Arbitration Provision. The letter 
must include your name, address and Account number. Mail the 
letter to BMO Harris Bank N.A., Arbitration Opt-out, P.O. Box 84048, 
Columbus, GA 31908-4048. This is the only way you can opt out of 
the Arbitration Provision. If you opt out of the Arbitration Provision, 
all other parts of the Agreement still apply to your Account.

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27. TRANSFER AND ASSIGNMENT. You cannot give or sell your rights 
or duties under this Agreement, your Account or your Card to any 
other person or company. We may give or sell our rights or duties 
under this Agreement, your Account or your Account balance to any 
other person or company, with or without telling you first.

28. NO WAIVER BY US; SEVERABILITY. We may delay enforcing or 
give up any of our rights under this Agreement in certain situations. 
If we delay enforcing or give up any of our rights, this does not 
affect our other rights. If we give up a right in one situation, we 
do not give up the same right in other situations. If a court with 
proper jurisdiction decides that any part of this Agreement is 
unenforceable, all the other parts of this Agreement still apply.

29. ENTIRE AGREEMENT. The Cardholder Documents are the  
entire agreement between you and us relating to your Account.  
The Cardholder Documents replace any other agreement relating  
to your Account that you and we made earlier or at the same time. 
If any of the other Cardholder Documents has any information that 
is not the same as information in this Agreement, we will follow 
this Agreement unless the other document says we should follow 
that document.

NJ RESIDENTS: Certain provisions of this Agreement are subject 
to applicable law. As a result,they may be void, unenforceable or 
inapplicable in some jurisdictions. None of these provisions, however, 
is void, unenforceable or inapplicable in New Jersey.

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:

BMO Harris Bank N.A. 
Customer Service 
P.O. Box 84048 
Columbus, GA 31908-4048

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.

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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 any 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 that 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.)

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 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:

BMO Harris Bank N.A. 
Dispute Resolution 
P.O. Box 84048 
Columbus, GA 31908-4048

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.

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MasterCard® is a registered trademark of MasterCard  
International Incorporated. 

BMO Harris Bank ® and BMO Harris® are trade names used by  
BMO Harris Bank N.A. Member FDIC.

© 2016 BMO Harris Bank N.A.

bmoharris.com
F03-S817-4 
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