PRICING INFORMATION 
CLASSIC & PLATINUM 
AS OF 10/11 

Variable Annual Percentage Rates (APRs) and corresponding periodic rates for Purchase and Balance Transfer balances: 

Prime* plus a margin of 1.9% - 9.9% (5.15% - 13.15%) 

Corresponding monthly periodic rates of (0.4291% - 1.0958%) 

Variable Annual Percentage Rate (APR) and corresponding periodic rate for Cash Advance balances 

Prime* plus a margin of 10.9% (14.15%) 

Corresponding monthly periodic rate of (1.1791%) 

*APRs may increase or decrease for each new billing cycle based on changes in the U.S. Prime Rate published in the “Markets Lineup” 
section of The Wall Street Journal (“Prime”).  Each APR will equal the sum of Prime plus the applicable margin (“Margin”).  Margin means 
the percentage points added to the Prime Rate to calculate the APR.  An increase in your rates will increase your interest charges and 
may increase your minimum monthly payment.  Your rates will not exceed the maximum we are allowed to charge under applicable law. 

Penalty APR and when it applies:  None 

Paying Interest:   

Your due date is at least 24 days after the close of each billing cycle.  

Purchases and Balance Transfers – We will not charge you interest on Purchases and Balance Transfers if you pay your entire 
balance by the payment due date each month. 

Cash Advances – We will charge you interest on Cash Advances from the date of posting.   

Minimum Interest Charge:  Charged interest will be no less than $.50. 

Fees: 

Annual Fee:  $0 

Transaction Fees: 

Balance Transfer:   
Cash Advance:     
Foreign Transaction: 

$0 
3% of each new Cash Advance (not less than $10 per transaction) 
3% of each transaction converted to US Dollars 

Penalty Fees: 

Late Payment: 
Over-the-Credit Limit: 
Returned Payment: 

Up to $35  
$0 
Up to $35  

How we will calculate your balance:  We use a method called "average daily balance (including new purchases, balance transfers and 
cash advances)".  Calculating Average Daily Balance – Purchase Balance. You will have a grace period during which we will not  impose 
an interest charge on Purchases if you pay in full your New Balance by the Payment Due Date shown on the billing statement each 
month. Otherwise, we will impose a periodic interest charge on the average daily balance of Purchases. To determine this average daily 
balance, we (a) start with the previous Purchase balance at the beginning of each new billing cycle and subtract any unpaid interest 
charge and unpaid fees which were included in that balance; (b) determine the Purchase balance for each day of the billing cycle by 
subtracting any payments and credits applied to the Purchase balance and by adding new Purchases; and (c) at the end of the billing 
cycle, add these daily balances and divide the total by the number of days in the billing cycle to determine the average daily balance for 
Purchases.  We then multiply this average daily balance by the monthly periodic rate that applies to Purchases to determine the amount 
of your periodic interest charge on Purchases. 
Calculating Average Daily Balance – Cash Advance Balance. There is no grace period for Cash Advances. We will impose a periodic 
interest charge on the average daily balance of Cash Advances. To determine this average daily balance, we (a) start with the previous 
Cash Advance balance at the beginning of each new billing cycle and subtract any unpaid interest charge and unpaid fees which were 
included in that balance; (b) determine the Cash Advance balance for each day of the monthly billing cycle by subtracting payments and 
credits applied to the Cash Advance balance and adding new Cash Advances; and (c) at the end of the billing cycle, add these daily 
balances and divide the total by the number of days in the billing cycle to determine the average daily balance for Cash Advances.  We 
then multiply this average daily balance by the monthly periodic rate that applies to Cash Advances. The result is your periodic interest 
charge on Cash Advances. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
94929  08/12/11  10:56 AM  Page 1

other reservations, you will be bound by the merchant’s cancellation policy, and you

must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in

accordance with that policy. If you give a merchant continuing authority to charge your

account for repeat charges, you must notify the merchant when you wish to revoke that

authorization. If the merchant continues to initiate such charges, to preserve your billing

rights you must continue to notify us promptly every time your billing statement reflects

a new charge.

debt you owe us.

Assignment. We may assign any or all of our rights under this Agreement, including any

Captions. Captions used in this Agreement are intended solely as aids to convenient

reference and do not affect the interpretation of this Agreement.

Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND

ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND

THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this

Agreement any number of times without waiving our rights in the future. If any term of

this Agreement is found to be unenforceable, all other provisions remain in full force and

effect.

Illegal Transactions. You agree not to make or permit to be made any illegal transactions

on the account through use of the card, any other account access device issued by us,

or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any

internet gambling transactions, any internet purchase of tobacco products, or any other

illegal transactions. You agree that illegal use of the card or the account will be deemed

an action of default and/or breach of contract and, in such event, the account and other

related services may be terminated at our discretion. You further agree that should illegal

use occur, you waive any right to sue us for such illegal use or any activity directly or

indirectly related to it, and you agree to indemnify and hold us harmless from any suits,

legal action, or liability directly resulting from such illegal use.

Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or

stolen or if you think someone used or may use your account without permission, you

agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)

if you are outside the continental United States. Upon our request, you agree to provide

us such written information as we request or require to assist our investigation.

Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION

ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.

IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME

EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT

ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM

BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION

PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR

UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO

APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE

ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE

BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined

below), except for Claims filed in a small claims court, may be resolved by mandatory,

binding arbitration. The  small  claims court  exclusion applies only  so  long as the dispute

remains in the small claims court and is an individual (non-class, non-representative) Claim.

If a Claim asserted in small claims court is transferred or appealed to a different court, either

you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration

Provision. This Arbitration Provision is made pursuant to a transaction involving interstate

commerce and shall be governed by and enforceable under the Federal Arbitration Act (the

“FAA”).

Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms

have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank

National Association (which also is branded as First Horizon), its parent company, and their

direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,

directors, successors, and assigns. The words you, your, and yours refer to any applicant,

co-applicant, authorized user of the account, or legal representative of any of the foregoing,

and anyone claiming through such person or incident to the account. The word Claim means

any claim, controversy, or dispute of any kind between you and us arising from or relating to

the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim

includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us

involving one or more of the following:

– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;

– any transactions involving the account;

– any interest, fees and other charges to the account;

– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;

– any collection activity with respect to the account;

– any other matters relating to the account or your credit card relationship with us.

Notwithstanding the foregoing, the word Claim does not include any challenge to the validity

and effect of the Class Action Waiver set forth below, which must be decided by a court.

All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,

regardless of whether the Claim: (i) previously existed, is now existing (whether discovered

or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including

intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,

constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or

declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,

counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is

asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or

collective action. (Any Claim asserted as part of a class action or other representative or

collective action shall proceed in arbitration on an individual basis as set forth below). Joint

cardholders and applicants and authorized users on a single account or multiple accounts for

which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or

cardholder for this purpose.

Initiation of Arbitration. The party electing arbitration must use the arbitration administrator

shown below and follow its rules and procedures. Copies of its current rules, forms and

related information may be obtained by contacting the arbitration administrator as follows:

JAMS

1920 Main St., Suite 300

Irvine, CA 92610

www.jamsadr.com

1-800-352-5267

Except for the small claims court exclusion set forth above, either you or we may ask an

appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,

even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit

may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently

asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive

such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not

waive your right or our right to demand arbitration of any other Claim.

Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought

as a class action or as a private attorney general. You do not have the right to act as a class

representative or participate as a member of a class of claimants with respect to any Claim

submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be

arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve

Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make

awards is limited to you and us alone. Furthermore, Claims brought by you against us or

by us against you may not be joined or consolidated in arbitration with Claims brought by

or against someone other than you, unless otherwise agreed to in writing by all parties.

Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action

Waiver is material and essential to the arbitration of any disputes between the parties and

is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided

or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)

shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that

under no circumstances will a class action be arbitrated. If any portion of this Arbitration

Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be

severed, and the rest of the Arbitration Provision will continue to apply.

Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve

Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration

Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the

Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be

limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable

substantive law consistent with the FAA and applicable statutes of limitations and honor

legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any

damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the

named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision

will not be subject to federal, state, or local rules of procedure and evidence applicable to

lawsuits or to state or local laws relating to arbitration. Either party may choose to have an

arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be

conducted by telephone if the parties agree. Any participatory arbitration hearing that you

attend in person will occur at a place designated by the Administrator at a location within

the federal judicial district that includes your billing address or at some other place agreed

upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential

information if requested to do so by any party. The arbitrator will make any award in writing

and, upon a timely written request, provide a written statement of reasons for the award.

Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that

you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the

Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify

for, a waiver, we will consider any written request by you for us to pay or reimburse you

for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in

the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you

for all or part of other arbitration fees, also, if the arbitrator determines there is good reason

to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.

Otherwise, each party will bear its fees and costs, regardless of who prevails, except that

a party may recover them from another party if the arbitrator determines that applicable law

so requires.

jurisdiction.

Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a

party appeals in writing to the same Administrator in accordance with the Administrator’s

rules. Costs will be allocated in the same way as costs are allocated in arbitration by a

single arbitrator. A final and binding award is subject to judicial review only as provided by

the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having

Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or

changes in the Agreement and/or related agreements or programs, the account, and the

relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)

bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or

any amounts owed on the account. Any different agreement regarding arbitration of Claims

must be agreed in writing.

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: BankCard Center, P.O. Box

1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit

a transaction dispute. You will need to 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 (or electronically). You may call us, but

if you do we are not required to investigate any potential errors; and you may have to pay

the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

10

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

• If we do not believe there was a mistake: You will have to pay the amount in question,

along with applicable interest and fees. We will send you a statement of the amount

you owe and the date payment is due. We may then report you as delinquent if you

do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within

10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as

delinquent without also reporting that you are questioning your bill. We must tell you the

name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those

organizations know when the matter has been settled between us. If we do not follow all of

the rules above, you do not have to pay the first $50 of the amount you question even if your

bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit

card, and you have tried in good faith to correct the problem with the merchant, you may

have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 

your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 

$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 

advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 

goods or services.)

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

advances  from  an  ATM  or  with  a  check  that  accesses  your  credit  card  account  do 

not qualify.

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us

in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also

contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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.

CARDHOLDER AGREEMENT
and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card
including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and
notices of changes we make to your account and/or this agreement as provided herein, and
all documents bearing your hand-written, electronic or digital signature (such as, but not
limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of
indebtedness on the credit card account constitute the contract governing your credit card
account (the “Agreement”). The words “you” and “your” refer to each person jointly and
severally (if more than one) who has applied for or otherwise agreed to be responsible for
the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National
Association (which also is branded as “First Horizon”), and its successors, assigns, agents
and/or authorized representatives. The word “card” means each MasterCard or Visa card
issued on the account. The card is our property, and you agree to surrender it to us or our
agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account
within 30 days after receiving the card and you have not used or authorized use of your
account. This card is available only to individuals for consumer use and will not be issued
to sole proprietorships, corporations, partnerships or limited liability companies.
Changes In Terms. You consent and agree that at any time we may add, delete, remove,
amend, or change any terms and conditions of this Agreement, including but not limited to
the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the
unpaid balance and to new transactions, as allowed by applicable law. Reasons we may
change the terms and conditions of this Agreement include, but are not limited to, risks
associated  with  your  account,  economic  and  market  conditions  and  trends,  product
parameters, and our business needs and considerations. If we make such amendments, you
will receive advance notice and a right to opt out, as may be required by the Agreement and
applicable law. 
Using Your Account. In addition to the card, we may furnish you checks which can be used
to access your account. You agree to use checks only in the form we furnish and according
to any instructions we give you. You cannot stop payment on checks used to access the
account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash
Advances. 
Cash Advances include cash obtained from participating financial institutions and ATMs,
transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions
(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or
MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The
amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the
ATM owner.
Purchases are transactions initiated with the card or account for the purchase of goods or
services from participating merchants (excluding cash-equivalent transactions) and such
other charges we designate as Purchases. 
Only a payment made by us, at your request via our customer service center or our website,
to transfer all or part of your balance with another creditor to your account with us will be
considered and treated as a Balance Transfer under this Agreement. Your use of a check
used to access your account for any purpose is not considered a Balance Transfer under
this Agreement.
Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder
containing your card (including the Account Opening Disclosure Table on the back of the
folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for
Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.
1

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic

rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening

Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard

(Variable) Rates provision below.

Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”

provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and

corresponding APRs used to compute the periodic interest charges on your account will be

variable rates which may increase or decrease for each new billing cycle based on changes

in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal

(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten

thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed

the maximum we are allowed to charge under applicable law. We will use the value of Prime

published on the last business day of each calendar month (the “Determination Date”) in

order to calculate your APRs in effect from the first day through the last day of your billing

cycle ending in the calendar month following the Determination Date. If more than one Prime

rate is published on the Determination Date, we will use the highest. An increase in your rates

will increase your interest charges and may increase your minimum monthly payment.

Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each

of these categories of transactions and certain balances within these categories (such as

balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the

applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate

to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for

Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder

containing your card which includes the Account Opening Disclosure Table on the back of

the folder. 

Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for

all transactions on your account, plus all interest, finance charges and other charges, fees

and expenses incurred on or in connection with the account. You will be individually and, if

applicable, jointly and severally liable for the total balance, whether the charges are made by

you or by a person authorized by you in any way to use your account in any way. You cannot

transfer or assign the account to another person.

Credit Limit. Your initial credit limit appears on the folder containing your card. We may

increase or decrease your credit limit at any time. Each of your billing statements will reflect

your credit limit in effect as of the date of the statement. You agree not to conduct any

transaction that would cause the total balance of your account to exceed your credit limit.

We may honor, at our discretion, transactions which exceed your credit limit. You agree to

pay any amount that exceeds your credit limit immediately upon request. Without additional

notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or

authorizations for transactions, within your credit limit for security or other reasons.

Billing Statements. We will send or make available a billing statement for each monthly

billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your

account or if there is a debit or credit balance of more than $1.00. The statement will reflect

each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your

New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other

important information. Unless you notify us of any alleged errors in accordance with the

Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all

purposes. 

2

Making Payments:

Effects of Making Minimum Payments. If you make only the minimum payment each billing

cycle, you will pay more in interest and it will take you longer to pay off your balance.

Application of Payments. We will determine, at our discretion, the amount of and order in

which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash

Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has

balances with different APRs, we will allocate your minimum payments to balances subject

to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the

minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to

balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as

required by applicable law, this allocation results in a loss of any Grace Period for which

you may otherwise have been eligible. This payment allocation method applies to all higher

APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last

statement.

New Balance. The details and amount of your New Balance for each monthly billing cycle

will appear on your billing statement in the Summary of Account Activity section.

Minimum Payment Calculation. You may pay all or part of your balance at any time, but

each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing

statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the

New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the

greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest

charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus

(2) net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0

assessed in the current billing cycle; plus (3) all amounts past due.

Form of Payments. Do not send cash by mail. If you pay by check or money order, the

check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-

insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or

money orders drawn on non-U.S. banks and impose service and collection charges on

your account for processing such items. When you send a personal check to the BankCard

Center, we may initiate an electronic debit for the amount of your check to your account at

the financial institution on which the check was written. Your payment will appear as an

electronic debit on the statement for the account from which you made payment and will

include the name of the payee “BankCard Center”, the check number and the payment

amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,

payments marked or accompanied by “payment in full” or similar language, or payments

which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,

including our right to require payment of the entire balance.

Payment Processing. Payments accompanied by the payment coupon or other information

adequate to identify the appropriate account are proper payments. Proper payments will be

applied to your account as of the date received if received Monday-Friday, excluding federal

holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee

financial center, or other First Tennessee location that accepts such payments, by

close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

Proper payments received on a day that First Tennessee does not process payments or later

than the times shown above will be applied the next business day. Any other payment may

not be applied until 5 days after receipt.

Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via

a Visa Money Transfer under which you or a third party may transfer funds to you. Funds

will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper

payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to

refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by

this Agreement. 

Finance Charges:

Interest Charges. We will impose periodic interest charges based on the monthly periodic

rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.

Periodic interest charges will begin to accrue on all average daily balances from the date

that transactions are posted to your account, except for Purchase and Balance Transfer

transactions  that  may  be  eligible  for  a  grace  period  (see  Paying  Interest  section  of  this

Agreement). 

If the periodic interest charge calculated for a billing cycle in the manner described in the

Calculating Average Daily Balances section is less than $.50 but more than $.00, we will

impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The

amount of interest charged will be shown on your billing statement in the Interest Charged

section; except that, when imposed, the minimum charge will appear in the Fees Charged

section of your statement.

Foreign Currency Transactions. If a transaction on the account is in a currency other than

U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a

purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules

then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between

the  transaction  currency  and  the  billing  currency  used  for  processing  international

transactions will be a rate selected by Visa or MasterCard from the range of rates available

in wholesale currency markets for the applicable central processing date (which rate may

vary from the rate Visa or MasterCard itself receives) or the government mandated rate in

effect for the applicable central processing date. You agree to accept the converted amount.

We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as

a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency

Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.

Paying Interest:

Grace Period for Purchases. You will have a grace period during which we will not impose

an interest charge on Purchases if you pay your New Balance by the Payment Due Date

shown on the billing statement each month. Otherwise, we will impose a periodic interest

charge on the average daily balance of Purchases.

Grace Period for Balance Transfers. You will have a grace period during which we will not

impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the

Payment Due Date shown on the billing statement each month. Otherwise, we will impose

a periodic interest charge on the average daily balance of Balance Transfers.

Cash Advances. There is no grace period for Cash Advances. We will impose a periodic

interest charge on the average daily balance of Cash Advances.

Calculating Average Daily Balance:

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the

Purchase balance for each day of the billing cycle by subtracting any payments and credits

applied to the Purchase balance and by adding new Purchases; and (c) at the end of the

billing cycle, add these daily balances and divide the total by the number of days in the billing

cycle to determine the average daily balance for Purchases. We then multiply this average

daily balance by the monthly periodic rate that applies to Purchases to determine the amount

of your periodic interest charge on Purchases.

Balance Transfer Balance. To determine this average daily balance, we (a) start with the

previous Balance Transfer balance at the beginning of each new billing cycle and subtract

any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)

determine the Balance Transfer balance for each day of the billing cycle by subtracting any

payments and credits applied to the Balance Transfer balance and by adding new Balance

Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total

by the number of days in the billing cycle to determine the average daily balance for Balance

Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that

applies to Balance Transfers to determine the amount of your periodic interest charge on

Balance Transfers.

Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the

previous Cash Advance balance at the beginning of each new billing cycle and subtract any

unpaid interest charge and unpaid fees which were included in that balance; (b) determine

the Cash Advance balance for each day of the monthly billing cycle by subtracting payments

and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)

at the end of the billing cycle, add these daily balances and divide the total by the number

of days in the billing cycle to determine the average daily balance for Cash Advances. We

then multiply this average daily balance by the monthly periodic rate that applies to Cash

Advances to determine the amount of your periodic interest charge on Cash Advances.

Other Fees and Charges:

Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash

Advance. However, the fee will not be less than $10 per transaction or more than the amount

allowed  by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance

Fee(s) will be shown on your billing statement in the Fees Charged section.

Returned Payment Fee. When a check or other payment on your account is not honored,

cannot be processed or otherwise cannot be applied to your account, we will charge you a

returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any

additional occurrences in the following six billing cycles. 

Late Payment Fee. If we do not receive at least the minimum payment due on your account

by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late

payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional

occurrences in the following six billing cycles.

Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay

our collection costs and attorneys’ fees if you default under this Agreement.

Security Interest. Collateral furnished to secure any other credit you may owe us may also

secure this account. However, if collateral securing other credit is your personal residence,

we waive any claim we might otherwise have to treat that property as collateral for this

account.

3

4

5

Purchase Balance. To determine this average daily balance, we (a) start with the previous

Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid

Account Use by Others. Think carefully before you lend your card to or authorize another

person to use your card or account. You cannot limit that person’s authority to use the

account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of

revocation; and (2) until you recover possession of the card.

Notices. If we have to notify you of anything concerning your credit card account, the

notice will be effective if we send it to your name and address as they appear in our

records or you receive such notice by any other means. You will notify us in writing

immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent

contact information. If you write to us for any reason other than to make a payment, send

your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one

of our Banking Online customers who receives notices or statements electronically, you

will notify our Banking Online Department if you change your e-mail address by following

the instructions in your Banking Online Agreement. Additionally, if you become aware of

an error regarding how activity on this account appears on a credit report, please write

us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.

Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum

payment shown on the billing statement, or fail to comply with any other term of this

Agreement or any other agreement with us, or in the event of your bankruptcy, death,

fraud or misrepresentation. If you are in default, we can demand immediate payment of

the entire balance and all fees and charges then owing on the account, as allowed under

applicable law.

Non-default Termination or Suspension. You may terminate account privileges at any

time by notifying us in writing. We may terminate or suspend account privileges at any

time without prior notice unless required by applicable law. In the event of any termination

or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or

destroy the card upon request. You will remain obligated to pay the account balance and

all fees and charges according to the terms of this Agreement or as otherwise agreed

between us.

Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative

inquiries about you from time to time to credit reporting agencies and others until the

Agreement is terminated and the account balance is paid in full. You also promise to

provide current financial information upon our request. We may report information about

the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and

others who may properly receive such information, in accordance with applicable law

and the Privacy Notice contained herein.

Promotions. From time to time, we may offer you temporary promotional terms. If we

do, we will advise you in writing of the scope and duration of the promotional terms, and

your regular terms will resume at the time our offer specifies. Occasionally, you may be

contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you

prefer not to receive this information, please write to us at BankCard Customer Service,

P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request

to take effect.

Telephone Monitoring. You consent and agree that we may monitor and record your

telephone calls with our employees or contractors.

Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card

transactions on your credit card account, subject to a very few exceptions. Instead, if the

merchant grants your request for a refund, it is the merchant’s responsibility to send a

credit through Visa or MasterCard so that we can credit your account. You should retain

your copy of the credit slip prepared by the merchant. If the merchant discloses a policy

limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

6

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card

including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and

notices of changes we make to your account and/or this agreement as provided herein, and

all documents bearing your hand-written, electronic or digital signature (such as, but not

limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of

indebtedness on the credit card account constitute the contract governing your credit card

account (the “Agreement”). The words “you” and “your” refer to each person jointly and

severally (if more than one) who has applied for or otherwise agreed to be responsible for

the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National

Association (which also is branded as “First Horizon”), and its successors, assigns, agents

and/or authorized representatives. The word “card” means each MasterCard or Visa card

issued on the account. The card is our property, and you agree to surrender it to us or our

agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account

within 30 days after receiving the card and you have not used or authorized use of your

account. This card is available only to individuals for consumer use and will not be issued

to sole proprietorships, corporations, partnerships or limited liability companies.

Changes In Terms. You consent and agree that at any time we may add, delete, remove,

amend, or change any terms and conditions of this Agreement, including but not limited to

the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the

unpaid balance and to new transactions, as allowed by applicable law. Reasons we may

change the terms and conditions of this Agreement include, but are not limited to, risks

associated  with  your  account,  economic  and  market  conditions  and  trends,  product

parameters, and our business needs and considerations. If we make such amendments, you

will receive advance notice and a right to opt out, as may be required by the Agreement and

applicable law. 

Using Your Account. In addition to the card, we may furnish you checks which can be used

to access your account. You agree to use checks only in the form we furnish and according

to any instructions we give you. You cannot stop payment on checks used to access the

account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash

Advances. 

ATM owner.

Cash Advances include cash obtained from participating financial institutions and ATMs,

transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions

(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or

MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The

amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the

Purchases are transactions initiated with the card or account for the purchase of goods or

services from participating merchants (excluding cash-equivalent transactions) and such

other charges we designate as Purchases. 

Only a payment made by us, at your request via our customer service center or our website,

to transfer all or part of your balance with another creditor to your account with us will be

considered and treated as a Balance Transfer under this Agreement. Your use of a check

used to access your account for any purpose is not considered a Balance Transfer under

this Agreement.

Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder

containing your card (including the Account Opening Disclosure Table on the back of the

folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for

Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic
rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening
Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard
(Variable) Rates provision below.
Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”
provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and
corresponding APRs used to compute the periodic interest charges on your account will be
variable rates which may increase or decrease for each new billing cycle based on changes
in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal
(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten
thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed
the maximum we are allowed to charge under applicable law. We will use the value of Prime
published on the last business day of each calendar month (the “Determination Date”) in
order to calculate your APRs in effect from the first day through the last day of your billing
cycle ending in the calendar month following the Determination Date. If more than one Prime
rate is published on the Determination Date, we will use the highest. An increase in your rates
will increase your interest charges and may increase your minimum monthly payment.
Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each
of these categories of transactions and certain balances within these categories (such as
balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the
applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate
to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for
Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder
containing your card which includes the Account Opening Disclosure Table on the back of
the folder. 
Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for
all transactions on your account, plus all interest, finance charges and other charges, fees
and expenses incurred on or in connection with the account. You will be individually and, if
applicable, jointly and severally liable for the total balance, whether the charges are made by
you or by a person authorized by you in any way to use your account in any way. You cannot
transfer or assign the account to another person.
Credit Limit. Your initial credit limit appears on the folder containing your card. We may
increase or decrease your credit limit at any time. Each of your billing statements will reflect
your credit limit in effect as of the date of the statement. You agree not to conduct any
transaction that would cause the total balance of your account to exceed your credit limit.
We may honor, at our discretion, transactions which exceed your credit limit. You agree to
pay any amount that exceeds your credit limit immediately upon request. Without additional
notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or
authorizations for transactions, within your credit limit for security or other reasons.
Billing Statements. We will send or make available a billing statement for each monthly
billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your
account or if there is a debit or credit balance of more than $1.00. The statement will reflect
each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your
New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other
important information. Unless you notify us of any alleged errors in accordance with the
Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all
purposes. 

Making Payments:

Effects of Making Minimum Payments. If you make only the minimum payment each billing

cycle, you will pay more in interest and it will take you longer to pay off your balance.

Application of Payments. We will determine, at our discretion, the amount of and order in

which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash

Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has

balances with different APRs, we will allocate your minimum payments to balances subject

to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the

minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to

balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as

required by applicable law, this allocation results in a loss of any Grace Period for which

you may otherwise have been eligible. This payment allocation method applies to all higher

APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last

statement.

New Balance. The details and amount of your New Balance for each monthly billing cycle

will appear on your billing statement in the Summary of Account Activity section.

Minimum Payment Calculation. You may pay all or part of your balance at any time, but

each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing

statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the

New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the

greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest

charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus

(2)  net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0

assessed in the current billing cycle; plus (3) all amounts past due.

Form of Payments. Do not send cash by mail. If you pay by check or money order, the

check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-

insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or

money orders drawn on non-U.S. banks and impose service and collection charges on

your account for processing such items. When you send a personal check to the BankCard

Center, we may initiate an electronic debit for the amount of your check to your account at

the financial institution on which the check was written. Your payment will appear as an

electronic debit on the statement for the account from which you made payment and will

include the name of the payee “BankCard Center”, the check number and the payment

amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,

payments marked or accompanied by “payment in full” or similar language, or payments

which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,

including our right to require payment of the entire balance.

Payment Processing. Payments accompanied by the payment coupon or other information

adequate to identify the appropriate account are proper payments. Proper payments will be

applied to your account as of the date received if received Monday-Friday, excluding federal

holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee

financial center, or other First Tennessee location that accepts such payments, by

close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

Proper payments received on a day that First Tennessee does not process payments or later

than the times shown above will be applied the next business day. Any other payment may

not be applied until 5 days after receipt.

Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via

a Visa Money Transfer under which you or a third party may transfer funds to you. Funds

will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper

payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to

refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by

this Agreement. 

Finance Charges:

Interest Charges. We will impose periodic interest charges based on the monthly periodic

rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.

Periodic interest charges will begin to accrue on all average daily balances from the date

that transactions are posted to your account, except for Purchase and Balance Transfer

transactions  that  may  be  eligible  for  a  grace  period  (see  Paying  Interest  section  of  this

Agreement). 

If the periodic interest charge calculated for a billing cycle in the manner described in the

Calculating Average Daily Balances section is less than $.50 but more than $.00, we will

impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The

amount of interest charged will be shown on your billing statement in the Interest Charged

section; except that, when imposed, the minimum charge will appear in the Fees Charged

section of your statement.

Foreign Currency Transactions. If a transaction on the account is in a currency other than

U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a

purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules

then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between

the  transaction  currency  and  the  billing  currency  used  for  processing  international

transactions will be a rate selected by Visa or MasterCard from the range of rates available

in wholesale currency markets for the applicable central processing date (which rate may

vary from the rate Visa or MasterCard itself receives) or the government mandated rate in

effect for the applicable central processing date. You agree to accept the converted amount.

We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as

a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency

Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.

Paying Interest:

Grace Period for Purchases. You will have a grace period during which we will not impose

an interest charge on Purchases if you pay your New Balance by the Payment Due Date

shown on the billing statement each month. Otherwise, we will impose a periodic interest

charge on the average daily balance of Purchases.

Grace Period for Balance Transfers. You will have a grace period during which we will not

impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the

Payment Due Date shown on the billing statement each month. Otherwise, we will impose

a periodic interest charge on the average daily balance of Balance Transfers.

Cash Advances. There is no grace period for Cash Advances. We will impose a periodic

interest charge on the average daily balance of Cash Advances.

Calculating Average Daily Balance:

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the

Purchase balance for each day of the billing cycle by subtracting any payments and credits

applied to the Purchase balance and by adding new Purchases; and (c) at the end of the

billing cycle, add these daily balances and divide the total by the number of days in the billing

cycle to determine the average daily balance for Purchases. We then multiply this average

daily balance by the monthly periodic rate that applies to Purchases to determine the amount

of your periodic interest charge on Purchases.

Balance Transfer Balance. To determine this average daily balance, we (a) start with the

previous Balance Transfer balance at the beginning of each new billing cycle and subtract

any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)

determine the Balance Transfer balance for each day of the billing cycle by subtracting any

payments and credits applied to the Balance Transfer balance and by adding new Balance

Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total

by the number of days in the billing cycle to determine the average daily balance for Balance

Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that

applies to Balance Transfers to determine the amount of your periodic interest charge on

Balance Transfers.

Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the

previous Cash Advance balance at the beginning of each new billing cycle and subtract any

unpaid interest charge and unpaid fees which were included in that balance; (b) determine

the Cash Advance balance for each day of the monthly billing cycle by subtracting payments

and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)

at the end of the billing cycle, add these daily balances and divide the total by the number

of days in the billing cycle to determine the average daily balance for Cash Advances. We

then multiply this average daily balance by the monthly periodic rate that applies to Cash

Advances to determine the amount of your periodic interest charge on Cash Advances.

Other Fees and Charges:

Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash

Advance. However, the fee will not be less than $10 per transaction or more than the amount

allowed  by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance

Fee(s) will be shown on your billing statement in the Fees Charged section.

Returned Payment Fee. When a check or other payment on your account is not honored,

cannot be processed or otherwise cannot be applied to your account, we will charge you a

returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any

additional occurrences in the following six billing cycles. 

Late Payment Fee. If we do not receive at least the minimum payment due on your account

by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late

payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional

occurrences in the following six billing cycles.

Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay

our collection costs and attorneys’ fees if you default under this Agreement.

Security Interest. Collateral furnished to secure any other credit you may owe us may also

secure this account. However, if collateral securing other credit is your personal residence,

we waive any claim we might otherwise have to treat that property as collateral for this

account.

Purchase Balance. To determine this average daily balance, we (a) start with the previous

Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid

Account Use by Others. Think carefully before you lend your card to or authorize another

person to use your card or account. You cannot limit that person’s authority to use the

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account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of

revocation; and (2) until you recover possession of the card.

Notices. If we have to notify you of anything concerning your credit card account, the

notice will be effective if we send it to your name and address as they appear in our

records or you receive such notice by any other means. You will notify us in writing

immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent

contact information. If you write to us for any reason other than to make a payment, send

your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one

of our Banking Online customers who receives notices or statements electronically, you

will notify our Banking Online Department if you change your e-mail address by following

the instructions in your Banking Online Agreement. Additionally, if you become aware of

an error regarding how activity on this account appears on a credit report, please write

us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.

Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum

payment shown on the billing statement, or fail to comply with any other term of this

Agreement or any other agreement with us, or in the event of your bankruptcy, death,

fraud or misrepresentation. If you are in default, we can demand immediate payment of

the entire balance and all fees and charges then owing on the account, as allowed under

applicable law.

Non-default Termination or Suspension. You may terminate account privileges at any

time by notifying us in writing. We may terminate or suspend account privileges at any

time without prior notice unless required by applicable law. In the event of any termination

or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or

destroy the card upon request. You will remain obligated to pay the account balance and

all fees and charges according to the terms of this Agreement or as otherwise agreed

between us.

Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative

inquiries about you from time to time to credit reporting agencies and others until the

Agreement is terminated and the account balance is paid in full. You also promise to

provide current financial information upon our request. We may report information about

the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and

others who may properly receive such information, in accordance with applicable law

and the Privacy Notice contained herein.

Promotions. From time to time, we may offer you temporary promotional terms. If we

do, we will advise you in writing of the scope and duration of the promotional terms, and

your regular terms will resume at the time our offer specifies. Occasionally, you may be

contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you

prefer not to receive this information, please write to us at BankCard Customer Service,

P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request

to take effect.

Telephone Monitoring. You consent and agree that we may monitor and record your

telephone calls with our employees or contractors.

Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card

transactions on your credit card account, subject to a very few exceptions. Instead, if the

merchant grants your request for a refund, it is the merchant’s responsibility to send a

credit through Visa or MasterCard so that we can credit your account. You should retain

your copy of the credit slip prepared by the merchant. If the merchant discloses a policy

limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card

including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and

notices of changes we make to your account and/or this agreement as provided herein, and

all documents bearing your hand-written, electronic or digital signature (such as, but not

limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of

indebtedness on the credit card account constitute the contract governing your credit card

account (the “Agreement”). The words “you” and “your” refer to each person jointly and

severally (if more than one) who has applied for or otherwise agreed to be responsible for

the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National

Association (which also is branded as “First Horizon”), and its successors, assigns, agents

and/or authorized representatives. The word “card” means each MasterCard or Visa card

issued on the account. The card is our property, and you agree to surrender it to us or our

agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account

within 30 days after receiving the card and you have not used or authorized use of your

account. This card is available only to individuals for consumer use and will not be issued

to sole proprietorships, corporations, partnerships or limited liability companies.

Changes In Terms. You consent and agree that at any time we may add, delete, remove,

amend, or change any terms and conditions of this Agreement, including but not limited to

the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the

unpaid balance and to new transactions, as allowed by applicable law. Reasons we may

change the terms and conditions of this Agreement include, but are not limited to, risks

associated  with  your  account,  economic  and  market  conditions  and  trends,  product

parameters, and our business needs and considerations. If we make such amendments, you

will receive advance notice and a right to opt out, as may be required by the Agreement and

applicable law. 

Using Your Account. In addition to the card, we may furnish you checks which can be used

to access your account. You agree to use checks only in the form we furnish and according

to any instructions we give you. You cannot stop payment on checks used to access the

account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash

Advances. 

ATM owner.

Cash Advances include cash obtained from participating financial institutions and ATMs,

transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions

(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or

MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The

amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the

Purchases are transactions initiated with the card or account for the purchase of goods or

services from participating merchants (excluding cash-equivalent transactions) and such

other charges we designate as Purchases. 

Only a payment made by us, at your request via our customer service center or our website,

to transfer all or part of your balance with another creditor to your account with us will be

considered and treated as a Balance Transfer under this Agreement. Your use of a check

used to access your account for any purpose is not considered a Balance Transfer under

this Agreement.

Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder

containing your card (including the Account Opening Disclosure Table on the back of the

folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for

Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.

1

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic

rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening

Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard

(Variable) Rates provision below.

Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”

provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and

corresponding APRs used to compute the periodic interest charges on your account will be

variable rates which may increase or decrease for each new billing cycle based on changes

in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal

(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten

thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed

the maximum we are allowed to charge under applicable law. We will use the value of Prime

published on the last business day of each calendar month (the “Determination Date”) in

order to calculate your APRs in effect from the first day through the last day of your billing

cycle ending in the calendar month following the Determination Date. If more than one Prime

rate is published on the Determination Date, we will use the highest. An increase in your rates

will increase your interest charges and may increase your minimum monthly payment.

Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each

of these categories of transactions and certain balances within these categories (such as

balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the

applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate

to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for

Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder

containing your card which includes the Account Opening Disclosure Table on the back of

the folder. 

Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for

all transactions on your account, plus all interest, finance charges and other charges, fees

and expenses incurred on or in connection with the account. You will be individually and, if

applicable, jointly and severally liable for the total balance, whether the charges are made by

you or by a person authorized by you in any way to use your account in any way. You cannot

transfer or assign the account to another person.

Credit Limit. Your initial credit limit appears on the folder containing your card. We may

increase or decrease your credit limit at any time. Each of your billing statements will reflect

your credit limit in effect as of the date of the statement. You agree not to conduct any

transaction that would cause the total balance of your account to exceed your credit limit.

We may honor, at our discretion, transactions which exceed your credit limit. You agree to

pay any amount that exceeds your credit limit immediately upon request. Without additional

notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or

authorizations for transactions, within your credit limit for security or other reasons.

Billing Statements. We will send or make available a billing statement for each monthly

billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your

account or if there is a debit or credit balance of more than $1.00. The statement will reflect

each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your

New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other

important information. Unless you notify us of any alleged errors in accordance with the

Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all

purposes. 

2

Making Payments:
Effects of Making Minimum Payments. If you make only the minimum payment each billing
cycle, you will pay more in interest and it will take you longer to pay off your balance.
Application of Payments. We will determine, at our discretion, the amount of and order in
which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash
Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has
balances with different APRs, we will allocate your minimum payments to balances subject
to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the
minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to
balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as
required by applicable law, this allocation results in a loss of any Grace Period for which
you may otherwise have been eligible. This payment allocation method applies to all higher
APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last
statement.
New Balance. The details and amount of your New Balance for each monthly billing cycle
will appear on your billing statement in the Summary of Account Activity section.
Minimum Payment Calculation. You may pay all or part of your balance at any time, but
each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing
statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the
New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the
greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest
charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus
(2)  net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0
assessed in the current billing cycle; plus (3) all amounts past due.
Form of Payments. Do not send cash by mail. If you pay by check or money order, the
check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-
insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or
money orders drawn on non-U.S. banks and impose service and collection charges on
your account for processing such items. When you send a personal check to the BankCard
Center, we may initiate an electronic debit for the amount of your check to your account at
the financial institution on which the check was written. Your payment will appear as an
electronic debit on the statement for the account from which you made payment and will
include the name of the payee “BankCard Center”, the check number and the payment
amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,
payments marked or accompanied by “payment in full” or similar language, or payments
which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,
including our right to require payment of the entire balance.
Payment Processing. Payments accompanied by the payment coupon or other information
adequate to identify the appropriate account are proper payments. Proper payments will be
applied to your account as of the date received if received Monday-Friday, excluding federal
holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee
financial center, or other First Tennessee location that accepts such payments, by
close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

Proper payments received on a day that First Tennessee does not process payments or later

than the times shown above will be applied the next business day. Any other payment may

not be applied until 5 days after receipt.

Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via

a Visa Money Transfer under which you or a third party may transfer funds to you. Funds

will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper

payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to

refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by

this Agreement. 

Finance Charges:

Interest Charges. We will impose periodic interest charges based on the monthly periodic

rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.

Periodic interest charges will begin to accrue on all average daily balances from the date

that transactions are posted to your account, except for Purchase and Balance Transfer

transactions  that  may  be  eligible  for  a  grace  period  (see  Paying  Interest  section  of  this

Agreement). 

If the periodic interest charge calculated for a billing cycle in the manner described in the

Calculating Average Daily Balances section is less than $.50 but more than $.00, we will

impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The

amount of interest charged will be shown on your billing statement in the Interest Charged

section; except that, when imposed, the minimum charge will appear in the Fees Charged

section of your statement.

Foreign Currency Transactions. If a transaction on the account is in a currency other than

U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a

purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules

then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between

the  transaction  currency  and  the  billing  currency  used  for  processing  international

transactions will be a rate selected by Visa or MasterCard from the range of rates available

in wholesale currency markets for the applicable central processing date (which rate may

vary from the rate Visa or MasterCard itself receives) or the government mandated rate in

effect for the applicable central processing date. You agree to accept the converted amount.

We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as

a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency

Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.

Paying Interest:

Grace Period for Purchases. You will have a grace period during which we will not impose

an interest charge on Purchases if you pay your New Balance by the Payment Due Date

shown on the billing statement each month. Otherwise, we will impose a periodic interest

charge on the average daily balance of Purchases.

Grace Period for Balance Transfers. You will have a grace period during which we will not

impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the

Payment Due Date shown on the billing statement each month. Otherwise, we will impose

a periodic interest charge on the average daily balance of Balance Transfers.

Cash Advances. There is no grace period for Cash Advances. We will impose a periodic

interest charge on the average daily balance of Cash Advances.

Calculating Average Daily Balance:

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the

Purchase balance for each day of the billing cycle by subtracting any payments and credits

applied to the Purchase balance and by adding new Purchases; and (c) at the end of the

billing cycle, add these daily balances and divide the total by the number of days in the billing

cycle to determine the average daily balance for Purchases. We then multiply this average

daily balance by the monthly periodic rate that applies to Purchases to determine the amount

of your periodic interest charge on Purchases.

Balance Transfer Balance. To determine this average daily balance, we (a) start with the

previous Balance Transfer balance at the beginning of each new billing cycle and subtract

any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)

determine the Balance Transfer balance for each day of the billing cycle by subtracting any

payments and credits applied to the Balance Transfer balance and by adding new Balance

Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total

by the number of days in the billing cycle to determine the average daily balance for Balance

Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that

applies to Balance Transfers to determine the amount of your periodic interest charge on

Balance Transfers.

Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the

previous Cash Advance balance at the beginning of each new billing cycle and subtract any

unpaid interest charge and unpaid fees which were included in that balance; (b) determine

the Cash Advance balance for each day of the monthly billing cycle by subtracting payments

and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)

at the end of the billing cycle, add these daily balances and divide the total by the number

of days in the billing cycle to determine the average daily balance for Cash Advances. We

then multiply this average daily balance by the monthly periodic rate that applies to Cash

Advances to determine the amount of your periodic interest charge on Cash Advances.

Other Fees and Charges:

Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash

Advance. However, the fee will not be less than $10 per transaction or more than the amount

allowed  by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance

Fee(s) will be shown on your billing statement in the Fees Charged section.

Returned Payment Fee. When a check or other payment on your account is not honored,

cannot be processed or otherwise cannot be applied to your account, we will charge you a

returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any

additional occurrences in the following six billing cycles. 

Late Payment Fee. If we do not receive at least the minimum payment due on your account

by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late

payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional

occurrences in the following six billing cycles.

Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay

our collection costs and attorneys’ fees if you default under this Agreement.

Security Interest. Collateral furnished to secure any other credit you may owe us may also

secure this account. However, if collateral securing other credit is your personal residence,

we waive any claim we might otherwise have to treat that property as collateral for this

account.

Purchase Balance. To determine this average daily balance, we (a) start with the previous

Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid

Account Use by Others. Think carefully before you lend your card to or authorize another

person to use your card or account. You cannot limit that person’s authority to use the

3

4

5

account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of

revocation; and (2) until you recover possession of the card.

Notices. If we have to notify you of anything concerning your credit card account, the

notice will be effective if we send it to your name and address as they appear in our

records or you receive such notice by any other means. You will notify us in writing

immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent

contact information. If you write to us for any reason other than to make a payment, send

your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one

of our Banking Online customers who receives notices or statements electronically, you

will notify our Banking Online Department if you change your e-mail address by following

the instructions in your Banking Online Agreement. Additionally, if you become aware of

an error regarding how activity on this account appears on a credit report, please write

us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.

Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum

payment shown on the billing statement, or fail to comply with any other term of this

Agreement or any other agreement with us, or in the event of your bankruptcy, death,

fraud or misrepresentation. If you are in default, we can demand immediate payment of

the entire balance and all fees and charges then owing on the account, as allowed under

applicable law.

Non-default Termination or Suspension. You may terminate account privileges at any

time by notifying us in writing. We may terminate or suspend account privileges at any

time without prior notice unless required by applicable law. In the event of any termination

or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or

destroy the card upon request. You will remain obligated to pay the account balance and

all fees and charges according to the terms of this Agreement or as otherwise agreed

between us.

Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative

inquiries about you from time to time to credit reporting agencies and others until the

Agreement is terminated and the account balance is paid in full. You also promise to

provide current financial information upon our request. We may report information about

the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and

others who may properly receive such information, in accordance with applicable law

and the Privacy Notice contained herein.

Promotions. From time to time, we may offer you temporary promotional terms. If we

do, we will advise you in writing of the scope and duration of the promotional terms, and

your regular terms will resume at the time our offer specifies. Occasionally, you may be

contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you

prefer not to receive this information, please write to us at BankCard Customer Service,

P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request

to take effect.

Telephone Monitoring. You consent and agree that we may monitor and record your

telephone calls with our employees or contractors.

Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card

transactions on your credit card account, subject to a very few exceptions. Instead, if the

merchant grants your request for a refund, it is the merchant’s responsibility to send a

credit through Visa or MasterCard so that we can credit your account. You should retain

your copy of the credit slip prepared by the merchant. If the merchant discloses a policy

limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card

including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and

notices of changes we make to your account and/or this agreement as provided herein, and

all documents bearing your hand-written, electronic or digital signature (such as, but not

limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of

indebtedness on the credit card account constitute the contract governing your credit card

account (the “Agreement”). The words “you” and “your” refer to each person jointly and

severally (if more than one) who has applied for or otherwise agreed to be responsible for

the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National

Association (which also is branded as “First Horizon”), and its successors, assigns, agents

and/or authorized representatives. The word “card” means each MasterCard or Visa card

issued on the account. The card is our property, and you agree to surrender it to us or our

agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account

within 30 days after receiving the card and you have not used or authorized use of your

account. This card is available only to individuals for consumer use and will not be issued

to sole proprietorships, corporations, partnerships or limited liability companies.

Changes In Terms. You consent and agree that at any time we may add, delete, remove,

amend, or change any terms and conditions of this Agreement, including but not limited to

the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the

unpaid balance and to new transactions, as allowed by applicable law. Reasons we may

change the terms and conditions of this Agreement include, but are not limited to, risks

associated  with  your  account,  economic  and  market  conditions  and  trends,  product

parameters, and our business needs and considerations. If we make such amendments, you

will receive advance notice and a right to opt out, as may be required by the Agreement and

applicable law. 

Using Your Account. In addition to the card, we may furnish you checks which can be used

to access your account. You agree to use checks only in the form we furnish and according

to any instructions we give you. You cannot stop payment on checks used to access the

account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash

Advances. 

ATM owner.

Cash Advances include cash obtained from participating financial institutions and ATMs,

transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions

(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or

MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The

amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the

Purchases are transactions initiated with the card or account for the purchase of goods or

services from participating merchants (excluding cash-equivalent transactions) and such

other charges we designate as Purchases. 

Only a payment made by us, at your request via our customer service center or our website,

to transfer all or part of your balance with another creditor to your account with us will be

considered and treated as a Balance Transfer under this Agreement. Your use of a check

used to access your account for any purpose is not considered a Balance Transfer under

this Agreement.

Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder

containing your card (including the Account Opening Disclosure Table on the back of the

folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for

Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.

1

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic

rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening

Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard

(Variable) Rates provision below.

Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”

provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and

corresponding APRs used to compute the periodic interest charges on your account will be

variable rates which may increase or decrease for each new billing cycle based on changes

in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal

(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten

thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed

the maximum we are allowed to charge under applicable law. We will use the value of Prime

published on the last business day of each calendar month (the “Determination Date”) in

order to calculate your APRs in effect from the first day through the last day of your billing

cycle ending in the calendar month following the Determination Date. If more than one Prime

rate is published on the Determination Date, we will use the highest. An increase in your rates

will increase your interest charges and may increase your minimum monthly payment.

Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each

of these categories of transactions and certain balances within these categories (such as

balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the

applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate

to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for

Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder

containing your card which includes the Account Opening Disclosure Table on the back of

the folder. 

Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for

all transactions on your account, plus all interest, finance charges and other charges, fees

and expenses incurred on or in connection with the account. You will be individually and, if

applicable, jointly and severally liable for the total balance, whether the charges are made by

you or by a person authorized by you in any way to use your account in any way. You cannot

transfer or assign the account to another person.

Credit Limit. Your initial credit limit appears on the folder containing your card. We may

increase or decrease your credit limit at any time. Each of your billing statements will reflect

your credit limit in effect as of the date of the statement. You agree not to conduct any

transaction that would cause the total balance of your account to exceed your credit limit.

We may honor, at our discretion, transactions which exceed your credit limit. You agree to

pay any amount that exceeds your credit limit immediately upon request. Without additional

notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or

authorizations for transactions, within your credit limit for security or other reasons.

Billing Statements. We will send or make available a billing statement for each monthly

billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your

account or if there is a debit or credit balance of more than $1.00. The statement will reflect

each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your

New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other

important information. Unless you notify us of any alleged errors in accordance with the

Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all

purposes. 

2

Making Payments:

Effects of Making Minimum Payments. If you make only the minimum payment each billing

cycle, you will pay more in interest and it will take you longer to pay off your balance.

Application of Payments. We will determine, at our discretion, the amount of and order in

which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash

Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has

balances with different APRs, we will allocate your minimum payments to balances subject

to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the

minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to

balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as

required by applicable law, this allocation results in a loss of any Grace Period for which

you may otherwise have been eligible. This payment allocation method applies to all higher

APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last

statement.

New Balance. The details and amount of your New Balance for each monthly billing cycle

will appear on your billing statement in the Summary of Account Activity section.

Minimum Payment Calculation. You may pay all or part of your balance at any time, but

each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing

statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the

New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the

greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest

charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus

(2)  net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0

assessed in the current billing cycle; plus (3) all amounts past due.

Form of Payments. Do not send cash by mail. If you pay by check or money order, the

check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-

insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or

money orders drawn on non-U.S. banks and impose service and collection charges on

your account for processing such items. When you send a personal check to the BankCard

Center, we may initiate an electronic debit for the amount of your check to your account at

the financial institution on which the check was written. Your payment will appear as an

electronic debit on the statement for the account from which you made payment and will

include the name of the payee “BankCard Center”, the check number and the payment

amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,

payments marked or accompanied by “payment in full” or similar language, or payments

which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,

including our right to require payment of the entire balance.

Payment Processing. Payments accompanied by the payment coupon or other information

adequate to identify the appropriate account are proper payments. Proper payments will be

applied to your account as of the date received if received Monday-Friday, excluding federal

holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee

financial center, or other First Tennessee location that accepts such payments, by

close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

3

Proper payments received on a day that First Tennessee does not process payments or later
than the times shown above will be applied the next business day. Any other payment may
not be applied until 5 days after receipt.
Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via
a Visa Money Transfer under which you or a third party may transfer funds to you. Funds
will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper
payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to
refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by
this Agreement. 
Finance Charges:
Interest Charges. We will impose periodic interest charges based on the monthly periodic
rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.
Periodic interest charges will begin to accrue on all average daily balances from the date
that transactions are posted to your account, except for Purchase and Balance Transfer
transactions  that  may  be  eligible  for  a  grace  period  (see  Paying Interest  section  of  this
Agreement). 
If the periodic interest charge calculated for a billing cycle in the manner described in the
Calculating Average Daily Balances section is less than $.50 but more than $.00, we will
impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The
amount of interest charged will be shown on your billing statement in the Interest Charged
section; except that, when imposed, the minimum charge will appear in the Fees Charged
section of your statement.
Foreign Currency Transactions. If a transaction on the account is in a currency other than
U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a
purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules
then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between
the  transaction  currency  and  the  billing  currency  used  for  processing  international
transactions will be a rate selected by Visa or MasterCard from the range of rates available
in wholesale currency markets for the applicable central processing date (which rate may
vary from the rate Visa or MasterCard itself receives) or the government mandated rate in
effect for the applicable central processing date. You agree to accept the converted amount.
We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as
a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the
Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency
Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.
Paying Interest:
Grace Period for Purchases. You will have a grace period during which we will not impose
an interest charge on Purchases if you pay your New Balance by the Payment Due Date
shown on the billing statement each month. Otherwise, we will impose a periodic interest
charge on the average daily balance of Purchases.
Grace Period for Balance Transfers. You will have a grace period during which we will not
impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the
Payment Due Date shown on the billing statement each month. Otherwise, we will impose
a periodic interest charge on the average daily balance of Balance Transfers.
Cash Advances. There is no grace period for Cash Advances. We will impose a periodic
interest charge on the average daily balance of Cash Advances.
Calculating Average Daily Balance:
Purchase Balance. To determine this average daily balance, we (a) start with the previous
Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid
4

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the

Purchase balance for each day of the billing cycle by subtracting any payments and credits

applied to the Purchase balance and by adding new Purchases; and (c) at the end of the

billing cycle, add these daily balances and divide the total by the number of days in the billing

cycle to determine the average daily balance for Purchases. We then multiply this average

daily balance by the monthly periodic rate that applies to Purchases to determine the amount

of your periodic interest charge on Purchases.

Balance Transfer Balance. To determine this average daily balance, we (a) start with the

previous Balance Transfer balance at the beginning of each new billing cycle and subtract

any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)

determine the Balance Transfer balance for each day of the billing cycle by subtracting any

payments and credits applied to the Balance Transfer balance and by adding new Balance

Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total

by the number of days in the billing cycle to determine the average daily balance for Balance

Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that

applies to Balance Transfers to determine the amount of your periodic interest charge on

Balance Transfers.

Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the

previous Cash Advance balance at the beginning of each new billing cycle and subtract any

unpaid interest charge and unpaid fees which were included in that balance; (b) determine

the Cash Advance balance for each day of the monthly billing cycle by subtracting payments

and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)

at the end of the billing cycle, add these daily balances and divide the total by the number

of days in the billing cycle to determine the average daily balance for Cash Advances. We

then multiply this average daily balance by the monthly periodic rate that applies to Cash

Advances to determine the amount of your periodic interest charge on Cash Advances.

Other Fees and Charges:

Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash

Advance. However, the fee will not be less than $10 per transaction or more than the amount

allowed by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance

Fee(s) will be shown on your billing statement in the Fees Charged section.

Returned Payment Fee. When a check or other payment on your account is not honored,

cannot be processed or otherwise cannot be applied to your account, we will charge you a

returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any

additional occurrences in the following six billing cycles. 

Late Payment Fee. If we do not receive at least the minimum payment due on your account

by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late

payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional

occurrences in the following six billing cycles.

Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay

our collection costs and attorneys’ fees if you default under this Agreement.

Security Interest. Collateral furnished to secure any other credit you may owe us may also

secure this account. However, if collateral securing other credit is your personal residence,

we waive any claim we might otherwise have to treat that property as collateral for this

account.

Account Use by Others. Think carefully before you lend your card to or authorize another

person to use your card or account. You cannot limit that person’s authority to use the

5

account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of

revocation; and (2) until you recover possession of the card.

Notices. If we have to notify you of anything concerning your credit card account, the

notice will be effective if we send it to your name and address as they appear in our

records or you receive such notice by any other means. You will notify us in writing

immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent

contact information. If you write to us for any reason other than to make a payment, send

your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one

of our Banking Online customers who receives notices or statements electronically, you

will notify our Banking Online Department if you change your e-mail address by following

the instructions in your Banking Online Agreement. Additionally, if you become aware of

an error regarding how activity on this account appears on a credit report, please write

us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.

Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum

payment shown on the billing statement, or fail to comply with any other term of this

Agreement or any other agreement with us, or in the event of your bankruptcy, death,

fraud or misrepresentation. If you are in default, we can demand immediate payment of

the entire balance and all fees and charges then owing on the account, as allowed under

applicable law.

Non-default Termination or Suspension. You may terminate account privileges at any

time by notifying us in writing. We may terminate or suspend account privileges at any

time without prior notice unless required by applicable law. In the event of any termination

or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or

destroy the card upon request. You will remain obligated to pay the account balance and

all fees and charges according to the terms of this Agreement or as otherwise agreed

between us.

Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative

inquiries about you from time to time to credit reporting agencies and others until the

Agreement is terminated and the account balance is paid in full. You also promise to

provide current financial information upon our request. We may report information about

the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and

others who may properly receive such information, in accordance with applicable law

and the Privacy Notice contained herein.

Promotions. From time to time, we may offer you temporary promotional terms. If we

do, we will advise you in writing of the scope and duration of the promotional terms, and

your regular terms will resume at the time our offer specifies. Occasionally, you may be

contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you

prefer not to receive this information, please write to us at BankCard Customer Service,

P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request

to take effect.

Telephone Monitoring. You consent and agree that we may monitor and record your

telephone calls with our employees or contractors.

Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card

transactions on your credit card account, subject to a very few exceptions. Instead, if the

merchant grants your request for a refund, it is the merchant’s responsibility to send a

credit through Visa or MasterCard so that we can credit your account. You should retain

your copy of the credit slip prepared by the merchant. If the merchant discloses a policy

limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card

including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and

notices of changes we make to your account and/or this agreement as provided herein, and

all documents bearing your hand-written, electronic or digital signature (such as, but not

limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of

indebtedness on the credit card account constitute the contract governing your credit card

account (the “Agreement”). The words “you” and “your” refer to each person jointly and

severally (if more than one) who has applied for or otherwise agreed to be responsible for

the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National

Association (which also is branded as “First Horizon”), and its successors, assigns, agents

and/or authorized representatives. The word “card” means each MasterCard or Visa card

issued on the account. The card is our property, and you agree to surrender it to us or our

agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account

within 30 days after receiving the card and you have not used or authorized use of your

account. This card is available only to individuals for consumer use and will not be issued

to sole proprietorships, corporations, partnerships or limited liability companies.

Changes In Terms. You consent and agree that at any time we may add, delete, remove,

amend, or change any terms and conditions of this Agreement, including but not limited to

the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the

unpaid balance and to new transactions, as allowed by applicable law. Reasons we may

change the terms and conditions of this Agreement include, but are not limited to, risks

associated  with  your  account,  economic  and  market  conditions  and  trends,  product

parameters, and our business needs and considerations. If we make such amendments, you

will receive advance notice and a right to opt out, as may be required by the Agreement and

applicable law. 

Using Your Account. In addition to the card, we may furnish you checks which can be used

to access your account. You agree to use checks only in the form we furnish and according

to any instructions we give you. You cannot stop payment on checks used to access the

account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash

Advances. 

ATM owner.

Cash Advances include cash obtained from participating financial institutions and ATMs,

transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions

(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or

MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The

amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the

Purchases are transactions initiated with the card or account for the purchase of goods or

services from participating merchants (excluding cash-equivalent transactions) and such

other charges we designate as Purchases. 

Only a payment made by us, at your request via our customer service center or our website,

to transfer all or part of your balance with another creditor to your account with us will be

considered and treated as a Balance Transfer under this Agreement. Your use of a check

used to access your account for any purpose is not considered a Balance Transfer under

this Agreement.

Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder

containing your card (including the Account Opening Disclosure Table on the back of the

folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for

Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.

1

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic

rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening

Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard

(Variable) Rates provision below.

Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”

provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and

corresponding APRs used to compute the periodic interest charges on your account will be

variable rates which may increase or decrease for each new billing cycle based on changes

in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal

(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten

thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed

the maximum we are allowed to charge under applicable law. We will use the value of Prime

published on the last business day of each calendar month (the “Determination Date”) in

order to calculate your APRs in effect from the first day through the last day of your billing

cycle ending in the calendar month following the Determination Date. If more than one Prime

rate is published on the Determination Date, we will use the highest. An increase in your rates

will increase your interest charges and may increase your minimum monthly payment.

Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each

of these categories of transactions and certain balances within these categories (such as

balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the

applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate

to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for

Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder

containing your card which includes the Account Opening Disclosure Table on the back of

the folder. 

Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for

all transactions on your account, plus all interest, finance charges and other charges, fees

and expenses incurred on or in connection with the account. You will be individually and, if

applicable, jointly and severally liable for the total balance, whether the charges are made by

you or by a person authorized by you in any way to use your account in any way. You cannot

transfer or assign the account to another person.

Credit Limit. Your initial credit limit appears on the folder containing your card. We may

increase or decrease your credit limit at any time. Each of your billing statements will reflect

your credit limit in effect as of the date of the statement. You agree not to conduct any

transaction that would cause the total balance of your account to exceed your credit limit.

We may honor, at our discretion, transactions which exceed your credit limit. You agree to

pay any amount that exceeds your credit limit immediately upon request. Without additional

notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or

authorizations for transactions, within your credit limit for security or other reasons.

Billing Statements. We will send or make available a billing statement for each monthly

billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your

account or if there is a debit or credit balance of more than $1.00. The statement will reflect

each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your

New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other

important information. Unless you notify us of any alleged errors in accordance with the

Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all

purposes. 

2

Making Payments:

Effects of Making Minimum Payments. If you make only the minimum payment each billing

cycle, you will pay more in interest and it will take you longer to pay off your balance.

Application of Payments. We will determine, at our discretion, the amount of and order in

which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash

Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has

balances with different APRs, we will allocate your minimum payments to balances subject

to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the

minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to

balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as

required by applicable law, this allocation results in a loss of any Grace Period for which

you may otherwise have been eligible. This payment allocation method applies to all higher

APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last

statement.

New Balance. The details and amount of your New Balance for each monthly billing cycle

will appear on your billing statement in the Summary of Account Activity section.

Minimum Payment Calculation. You may pay all or part of your balance at any time, but

each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing

statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the

New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the

greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest

charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus

(2)  net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0

assessed in the current billing cycle; plus (3) all amounts past due.

Form of Payments. Do not send cash by mail. If you pay by check or money order, the

check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-

insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or

money orders drawn on non-U.S. banks and impose service and collection charges on

your account for processing such items. When you send a personal check to the BankCard

Center, we may initiate an electronic debit for the amount of your check to your account at

the financial institution on which the check was written. Your payment will appear as an

electronic debit on the statement for the account from which you made payment and will

include the name of the payee “BankCard Center”, the check number and the payment

amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,

payments marked or accompanied by “payment in full” or similar language, or payments

which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,

including our right to require payment of the entire balance.

Payment Processing. Payments accompanied by the payment coupon or other information

adequate to identify the appropriate account are proper payments. Proper payments will be

applied to your account as of the date received if received Monday-Friday, excluding federal

holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee

financial center, or other First Tennessee location that accepts such payments, by

close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

Proper payments received on a day that First Tennessee does not process payments or later

than the times shown above will be applied the next business day. Any other payment may

not be applied until 5 days after receipt.

Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via

a Visa Money Transfer under which you or a third party may transfer funds to you. Funds

will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper

payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to

refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by

this Agreement. 

Finance Charges:

Interest Charges. We will impose periodic interest charges based on the monthly periodic

rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.

Periodic interest charges will begin to accrue on all average daily balances from the date

that transactions are posted to your account, except for Purchase and Balance Transfer

transactions  that  may  be  eligible  for  a  grace  period  (see  Paying  Interest  section  of  this

Agreement). 

If the periodic interest charge calculated for a billing cycle in the manner described in the

Calculating Average Daily Balances section is less than $.50 but more than $.00, we will

impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The

amount of interest charged will be shown on your billing statement in the Interest Charged

section; except that, when imposed, the minimum charge will appear in the Fees Charged

section of your statement.

Foreign Currency Transactions. If a transaction on the account is in a currency other than

U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a

purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules

then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between

the  transaction  currency  and  the  billing  currency  used  for  processing  international

transactions will be a rate selected by Visa or MasterCard from the range of rates available

in wholesale currency markets for the applicable central processing date (which rate may

vary from the rate Visa or MasterCard itself receives) or the government mandated rate in

effect for the applicable central processing date. You agree to accept the converted amount.

We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as

a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency

Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.

Paying Interest:

Grace Period for Purchases. You will have a grace period during which we will not impose

an interest charge on Purchases if you pay your New Balance by the Payment Due Date

shown on the billing statement each month. Otherwise, we will impose a periodic interest

charge on the average daily balance of Purchases.

Grace Period for Balance Transfers. You will have a grace period during which we will not

impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the

Payment Due Date shown on the billing statement each month. Otherwise, we will impose

a periodic interest charge on the average daily balance of Balance Transfers.

Cash Advances. There is no grace period for Cash Advances. We will impose a periodic

interest charge on the average daily balance of Cash Advances.

Calculating Average Daily Balance:

Purchase Balance. To determine this average daily balance, we (a) start with the previous

Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid

3

4

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the
Purchase balance for each day of the billing cycle by subtracting any payments and credits
applied to the Purchase balance and by adding new Purchases; and (c) at the end of the
billing cycle, add these daily balances and divide the total by the number of days in the billing
cycle to determine the average daily balance for Purchases. We then multiply this average
daily balance by the monthly periodic rate that applies to Purchases to determine the amount
of your periodic interest charge on Purchases.
Balance Transfer Balance. To determine this average daily balance, we (a) start with the
previous Balance Transfer balance at the beginning of each new billing cycle and subtract
any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)
determine the Balance Transfer balance for each day of the billing cycle by subtracting any
payments and credits applied to the Balance Transfer balance and by adding new Balance
Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total
by the number of days in the billing cycle to determine the average daily balance for Balance
Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that
applies to Balance Transfers to determine the amount of your periodic interest charge on
Balance Transfers.
Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the
previous Cash Advance balance at the beginning of each new billing cycle and subtract any
unpaid interest charge and unpaid fees which were included in that balance; (b) determine
the Cash Advance balance for each day of the monthly billing cycle by subtracting payments
and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)
at the end of the billing cycle, add these daily balances and divide the total by the number
of days in the billing cycle to determine the average daily balance for Cash Advances. We
then multiply this average daily balance by the monthly periodic rate that applies to Cash
Advances to determine the amount of your periodic interest charge on Cash Advances.
Other Fees and Charges:
Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash
Advance. However, the fee will not be less than $10 per transaction or more than the amount
allowed  by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the
Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance
Fee(s) will be shown on your billing statement in the Fees Charged section.
Returned Payment Fee. When a check or other payment on your account is not honored,
cannot be processed or otherwise cannot be applied to your account, we will charge you a
returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any
additional occurrences in the following six billing cycles. 
Late Payment Fee. If we do not receive at least the minimum payment due on your account
by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late
payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional
occurrences in the following six billing cycles.
Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay
our collection costs and attorneys’ fees if you default under this Agreement.
Security Interest. Collateral furnished to secure any other credit you may owe us may also
secure this account. However, if collateral securing other credit is your personal residence,
we waive any claim we might otherwise have to treat that property as collateral for this
account.
Account Use by Others. Think carefully before you lend your card to or authorize another
person to use your card or account. You cannot limit that person’s authority to use the
5

account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of

revocation; and (2) until you recover possession of the card.

Notices. If we have to notify you of anything concerning your credit card account, the

notice will be effective if we send it to your name and address as they appear in our

records or you receive such notice by any other means. You will notify us in writing

immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent

contact information. If you write to us for any reason other than to make a payment, send

your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one

of our Banking Online customers who receives notices or statements electronically, you

will notify our Banking Online Department if you change your e-mail address by following

the instructions in your Banking Online Agreement. Additionally, if you become aware of

an error regarding how activity on this account appears on a credit report, please write

us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.

Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum

payment shown on the billing statement, or fail to comply with any other term of this

Agreement or any other agreement with us, or in the event of your bankruptcy, death,

fraud or misrepresentation. If you are in default, we can demand immediate payment of

the entire balance and all fees and charges then owing on the account, as allowed under

applicable law.

Non-default Termination or Suspension. You may terminate account privileges at any

time by notifying us in writing. We may terminate or suspend account privileges at any

time without prior notice unless required by applicable law. In the event of any termination

or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or

destroy the card upon request. You will remain obligated to pay the account balance and

all fees and charges according to the terms of this Agreement or as otherwise agreed

between us.

Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative

inquiries about you from time to time to credit reporting agencies and others until the

Agreement is terminated and the account balance is paid in full. You also promise to

provide current financial information upon our request. We may report information about

the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and

others who may properly receive such information, in accordance with applicable law

and the Privacy Notice contained herein.

Promotions. From time to time, we may offer you temporary promotional terms. If we

do, we will advise you in writing of the scope and duration of the promotional terms, and

your regular terms will resume at the time our offer specifies. Occasionally, you may be

contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you

prefer not to receive this information, please write to us at BankCard Customer Service,

P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request

to take effect.

Telephone Monitoring. You consent and agree that we may monitor and record your

telephone calls with our employees or contractors.

Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card

transactions on your credit card account, subject to a very few exceptions. Instead, if the

merchant grants your request for a refund, it is the merchant’s responsibility to send a

credit through Visa or MasterCard so that we can credit your account. You should retain

your copy of the credit slip prepared by the merchant. If the merchant discloses a policy

limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

6

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Agreement  and  Definitions. This Cardholder Agreement, the folder containing your card

including  the  Account  Opening  Disclosure  Table  on  the  back  of  the  folder,  changes  and

notices of changes we make to your account and/or this agreement as provided herein, and

all documents bearing your hand-written, electronic or digital signature (such as, but not

limited  to,  any  application,  convenience  check  or  sales  slip)  or  other  evidence  of

indebtedness on the credit card account constitute the contract governing your credit card

account (the “Agreement”). The words “you” and “your” refer to each person jointly and

severally (if more than one) who has applied for or otherwise agreed to be responsible for

the  account.  The  words  “we,”  “our,”  and  “us”  mean  First  Tennessee  Bank  National

Association (which also is branded as “First Horizon”), and its successors, assigns, agents

and/or authorized representatives. The word “card” means each MasterCard or Visa card

issued on the account. The card is our property, and you agree to surrender it to us or our

agent  upon  request.  This  Agreement  is  binding  on  you  unless  you  cancel  your  account

within 30 days after receiving the card and you have not used or authorized use of your

account. This card is available only to individuals for consumer use and will not be issued

to sole proprietorships, corporations, partnerships or limited liability companies.

Changes In Terms. You consent and agree that at any time we may add, delete, remove,

amend, or change any terms and conditions of this Agreement, including but not limited to

the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the

unpaid balance and to new transactions, as allowed by applicable law. Reasons we may

change the terms and conditions of this Agreement include, but are not limited to, risks

associated  with  your  account,  economic  and  market  conditions  and  trends,  product

parameters, and our business needs and considerations. If we make such amendments, you

will receive advance notice and a right to opt out, as may be required by the Agreement and

applicable law. 

Using Your Account. In addition to the card, we may furnish you checks which can be used

to access your account. You agree to use checks only in the form we furnish and according

to any instructions we give you. You cannot stop payment on checks used to access the

account.  You  may  use  your  account  to  purchase  goods  and  services  and  to  get  Cash

Advances. 

ATM owner.

Cash Advances include cash obtained from participating financial institutions and ATMs,

transactions  using  checks  to  access  your  account,  and  cash-equivalent  transactions

(including  purchases  of  travelers’  checks,  casino  chips  and  other  items  which  Visa  or

MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The

amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the

Purchases are transactions initiated with the card or account for the purchase of goods or

services from participating merchants (excluding cash-equivalent transactions) and such

other charges we designate as Purchases. 

Only a payment made by us, at your request via our customer service center or our website,

to transfer all or part of your balance with another creditor to your account with us will be

considered and treated as a Balance Transfer under this Agreement. Your use of a check

used to access your account for any purpose is not considered a Balance Transfer under

this Agreement.

Introductory  Rates.  If  we  have  offered  you  an  Introductory  Rate,  the  enclosed  folder

containing your card (including the Account Opening Disclosure Table on the back of the

folder)  provides  information  concerning  the  Introductory  Annual  Percentage  Rate  for

Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.

1

When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic

rates  (also  shown  on  the  enclosed  folder  containing  your  card  and  Account  Opening

Disclosure  Table)  will  apply  and  may  vary  each  month  as  described  in  the  Standard

(Variable) Rates provision below.

Standard (Variable) Rates. Except as otherwise stated in this “Standard (Variable) Rates”

provision  or  upon  amendment  of  this  Agreement,  the  monthly  periodic  rates  and

corresponding APRs used to compute the periodic interest charges on your account will be

variable rates which may increase or decrease for each new billing cycle based on changes

in the U.S. Prime Rate published in the “Markets Lineup” section of The Wall Street Journal

(“Prime”).  Your  corresponding  APRs,  divided  by  12  and  rounded  to  the  next  lowest  ten

thousandth percentage point, will be your monthly periodic rates. Your rates will not exceed

the maximum we are allowed to charge under applicable law. We will use the value of Prime

published on the last business day of each calendar month (the “Determination Date”) in

order to calculate your APRs in effect from the first day through the last day of your billing

cycle ending in the calendar month following the Determination Date. If more than one Prime

rate is published on the Determination Date, we will use the highest. An increase in your rates

will increase your interest charges and may increase your minimum monthly payment.

Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each

of these categories of transactions and certain balances within these categories (such as

balances  subject  to  promotional  rates).  Each  APR  will  equal  the  sum  of  Prime  plus  the

applicable margin (“Margin”). Margin means the percentage points added to the Prime Rate

to  calculate  the  APR.  Your  Margins,  corresponding  APRs  and  monthly  periodic  rates  for

Purchases,  Balance  Transfers  and  Cash  Advances  are  shown  on  the  enclosed  folder

containing your card which includes the Account Opening Disclosure Table on the back of

the folder. 

Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for

all transactions on your account, plus all interest, finance charges and other charges, fees

and expenses incurred on or in connection with the account. You will be individually and, if

applicable, jointly and severally liable for the total balance, whether the charges are made by

you or by a person authorized by you in any way to use your account in any way. You cannot

transfer or assign the account to another person.

Credit Limit. Your initial credit limit appears on the folder containing your card. We may

increase or decrease your credit limit at any time. Each of your billing statements will reflect

your credit limit in effect as of the date of the statement. You agree not to conduct any

transaction that would cause the total balance of your account to exceed your credit limit.

We may honor, at our discretion, transactions which exceed your credit limit. You agree to

pay any amount that exceeds your credit limit immediately upon request. Without additional

notice  we  may  limit  the  number  or  dollar  amount  of  account  transactions,  and/or

authorizations for transactions, within your credit limit for security or other reasons.

Billing Statements. We will send or make available a billing statement for each monthly

billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your

account or if there is a debit or credit balance of more than $1.00. The statement will reflect

each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your

New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other

important information. Unless you notify us of any alleged errors in accordance with the

Billing  Rights  Notice  in  this  Agreement,  we  may  consider  the  statement  correct  for  all

purposes. 

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Making Payments:

Effects of Making Minimum Payments. If you make only the minimum payment each billing

cycle, you will pay more in interest and it will take you longer to pay off your balance.

Application of Payments. We will determine, at our discretion, the amount of and order in

which  minimum  payments  will  be  applied  to  Purchases,  Balance  Transfers,  Cash

Advances,  Interest,  Finance  Charges  and  other  fees  and  charges.  If  your  account  has

balances with different APRs, we will allocate your minimum payments to balances subject

to  lower  APRs  before  balances  subject  to  higher  APRs.  If  you  make  more  than  the

minimum  payment,  we  will  allocate  amounts  in  excess  of  the  minimum  payment  to

balances  subject  to  higher  APRs  before  balances  subject  to  lower  APRs,  even  if,  as

required by applicable law, this allocation results in a loss of any Grace Period for which

you may otherwise have been eligible. This payment allocation method applies to all higher

APR  balances,  including  transactions  subject  to  higher  APRs  posted  since  your  last

statement.

New Balance. The details and amount of your New Balance for each monthly billing cycle

will appear on your billing statement in the Summary of Account Activity section.

Minimum Payment Calculation. You may pay all or part of your balance at any time, but

each  month  you  must  pay  at  least  the  Minimum  Payment  Due  shown  on  the  billing

statement. If your New Balance is $25.00 or less, the Minimum Payment Due will be the

New  Balance  in  full.  Otherwise,  the  Minimum  Payment  Due  will  be  the  total  of  (1)  the

greatest  of  (a)  2.5%  of  your  New  Balance,  (b)  1%  of  your  New  Balance,  plus  interest

charges assessed in the current billing cycle, (c) any over limit amount, or (d) $25.00; plus

(2)  net  fees  (excluding  Cash  Advance  and  Currency  Conversion  Fees)  in  excess  of  $0

assessed in the current billing cycle; plus (3) all amounts past due.

Form of Payments. Do not send cash by mail. If you pay by check or money order, the

check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-

insured  U.S.  depository  institution.  However,  we  may,  at  our  option,  accept  checks  or

money orders drawn on non-U.S. banks and impose service and collection charges on

your account for processing such items. When you send a personal check to the BankCard

Center, we may initiate an electronic debit for the amount of your check to your account at

the financial institution on which the check was written. Your payment will appear as an

electronic debit on the statement for the account from which you made payment and will

include the name of the payee “BankCard Center”, the check number and the payment

amount.  We  can  (but  are  not  required  to)  accept  late  payments,  partial  payments,

payments marked or accompanied by “payment in full” or similar language, or payments

which  are  otherwise  improper  without  losing  any  of  our  rights  under  this  Agreement,

including our right to require payment of the entire balance.

Payment Processing. Payments accompanied by the payment coupon or other information

adequate to identify the appropriate account are proper payments. Proper payments will be

applied to your account as of the date received if received Monday-Friday, excluding federal

holidays, by the times shown below:

• Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by

5:00 p.m. CT

• Payments delivered in person to and processed by an employee at a First Tennessee

financial center, or other First Tennessee location that accepts such payments, by

close of business at that location

• Payments made via First Tennessee’s Banking Online website by 5:00 p.m. CT

Proper payments received on a day that First Tennessee does not process payments or later

than the times shown above will be applied the next business day. Any other payment may

not be applied until 5 days after receipt.

Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via

a Visa Money Transfer under which you or a third party may transfer funds to you. Funds

will appear on the statement as a “Visa Transfer”, but funds will be treated as a non-proper

payment  to  your  account  within  2  business  days  of  reciept.  We  have  the  right  to

refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by

this Agreement. 

Finance Charges:

Interest Charges. We will impose periodic interest charges based on the monthly periodic

rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.

Periodic interest charges will begin to accrue on all average daily balances from the date

that transactions are posted to your account, except for Purchase and Balance Transfer

transactions  that  may  be  eligible  for  a  grace  period  (see  Paying  Interest  section  of  this

Agreement). 

If the periodic interest charge calculated for a billing cycle in the manner described in the

Calculating Average Daily Balances section is less than $.50 but more than $.00, we will

impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The

amount of interest charged will be shown on your billing statement in the Interest Charged

section; except that, when imposed, the minimum charge will appear in the Fees Charged

section of your statement.

Foreign Currency Transactions. If a transaction on the account is in a currency other than

U.S.  Dollars,  Visa  or  MasterCard  will  convert  the  amount  of  the  transaction  (whether  a

purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules

then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between

the  transaction  currency  and  the  billing  currency  used  for  processing  international

transactions will be a rate selected by Visa or MasterCard from the range of rates available

in wholesale currency markets for the applicable central processing date (which rate may

vary from the rate Visa or MasterCard itself receives) or the government mandated rate in

effect for the applicable central processing date. You agree to accept the converted amount.

We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as

a  Currency  Conversion  Fee.  Each  Currency  Conversion  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Currency

Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.

Paying Interest:

Grace Period for Purchases. You will have a grace period during which we will not impose

an interest charge on Purchases if you pay your New Balance by the Payment Due Date

shown on the billing statement each month. Otherwise, we will impose a periodic interest

charge on the average daily balance of Purchases.

Grace Period for Balance Transfers. You will have a grace period during which we will not

impose  an  interest  charge  on  Balance  Transfers  if  you  pay  your  entire  balance  by  the

Payment Due Date shown on the billing statement each month. Otherwise, we will impose

a periodic interest charge on the average daily balance of Balance Transfers.

Cash Advances. There is no grace period for Cash Advances. We will impose a periodic

interest charge on the average daily balance of Cash Advances.

Calculating Average Daily Balance:

interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)  determine  the

Purchase balance for each day of the billing cycle by subtracting any payments and credits

applied to the Purchase balance and by adding new Purchases; and (c) at the end of the

billing cycle, add these daily balances and divide the total by the number of days in the billing

cycle to determine the average daily balance for Purchases. We then multiply this average

daily balance by the monthly periodic rate that applies to Purchases to determine the amount

of your periodic interest charge on Purchases.

Balance Transfer Balance. To determine this average daily balance, we (a) start with the

previous Balance Transfer balance at the beginning of each new billing cycle and subtract

any  unpaid  interest  charge  and  unpaid  fees  which  were  included  in  that  balance;  (b)

determine the Balance Transfer balance for each day of the billing cycle by subtracting any

payments and credits applied to the Balance Transfer balance and by adding new Balance

Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total

by the number of days in the billing cycle to determine the average daily balance for Balance

Transfers.  We  then  multiply  this  average  daily  balance  by  the  monthly  periodic  rate  that

applies to Balance Transfers to determine the amount of your periodic interest charge on

Balance Transfers.

Cash  Advance  Balance.  To  determine  this  average  daily  balance,  we  (a)  start  with  the

previous Cash Advance balance at the beginning of each new billing cycle and subtract any

unpaid interest charge and unpaid fees which were included in that balance; (b) determine

the Cash Advance balance for each day of the monthly billing cycle by subtracting payments

and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)

at the end of the billing cycle, add these daily balances and divide the total by the number

of days in the billing cycle to determine the average daily balance for Cash Advances. We

then multiply this average daily balance by the monthly periodic rate that applies to Cash

Advances to determine the amount of your periodic interest charge on Cash Advances.

Other Fees and Charges:

Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash

Advance. However, the fee will not be less than $10 per transaction or more than the amount

allowed  by  applicable  law  or  regulation.  Each  Cash  Advance  Fee  will  be  itemized  in  the

Transactions  section  on  your  billing  statement.  The  total  amount  of  any  Cash  Advance

Fee(s) will be shown on your billing statement in the Fees Charged section.

Returned Payment Fee. When a check or other payment on your account is not honored,

cannot be processed or otherwise cannot be applied to your account, we will charge you a

returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any

additional occurrences in the following six billing cycles. 

Late Payment Fee. If we do not receive at least the minimum payment due on your account

by  the  Payment  Due  Date  shown  on  your  billing  statement,  we  will  charge  you  a  late

payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional

occurrences in the following six billing cycles.

Collection Costs and Attorneys’ Fees. Except as prohibited by applicable law, you will pay

our collection costs and attorneys’ fees if you default under this Agreement.

Security Interest. Collateral furnished to secure any other credit you may owe us may also

secure this account. However, if collateral securing other credit is your personal residence,

we waive any claim we might otherwise have to treat that property as collateral for this

account.

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Purchase Balance. To determine this average daily balance, we (a) start with the previous

Purchase  balance  at  the  beginning  of  each  new  billing  cycle  and  subtract  any  unpaid

Account Use by Others. Think carefully before you lend your card to or authorize another

person to use your card or account. You cannot limit that person’s authority to use the

account,  and  you  cannot  terminate  such  authority  (1)  until  we  receive  notice  of
revocation; and (2) until you recover possession of the card.
Notices. If we have to notify you of anything concerning your credit card account, the
notice will be effective if we send it to your name and address as they appear in our
records or you receive such notice by any other means. You will notify us in writing
immediately  if  you  change  your  name,  address,  telephone  number  or  other  pertinent
contact information. If you write to us for any reason other than to make a payment, send
your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one
of our Banking Online customers who receives notices or statements electronically, you
will notify our Banking Online Department if you change your e-mail address by following
the instructions in your Banking Online Agreement. Additionally, if you become aware of
an error regarding how activity on this account appears on a credit report, please write
us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.
Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum
payment shown on the billing statement, or fail to comply with any other term of this
Agreement or any other agreement with us, or in the event of your bankruptcy, death,
fraud or misrepresentation. If you are in default, we can demand immediate payment of
the entire balance and all fees and charges then owing on the account, as allowed under
applicable law.
Non-default Termination or Suspension. You may terminate account privileges at any
time by notifying us in writing. We may terminate or suspend account privileges at any
time without prior notice unless required by applicable law. In the event of any termination
or  suspension,  you  will  immediately  stop  using  the  account,  and  you  will  return  or
destroy the card upon request. You will remain obligated to pay the account balance and
all fees and charges according to the terms of this Agreement or as otherwise agreed
between us.
Credit  Information. You  authorize  us  to  make  credit,  employment  and  investigative
inquiries about you from time to time to credit reporting agencies and others until the
Agreement is terminated and the account balance is paid in full. You also promise to
provide current financial information upon our request. We may report information about
the  account  to  credit  reporting  agencies,  other  creditors,  Visa  and  MasterCard,  and
others who may properly receive such information, in accordance with applicable law
and the Privacy Notice contained herein.
Promotions. From time to time, we may offer you temporary promotional terms. If we
do, we will advise you in writing of the scope and duration of the promotional terms, and
your regular terms will resume at the time our offer specifies. Occasionally, you may be
contacted  about  promotions,  credit  card  enhancements  and  special  products.  If  you
prefer not to receive this information, please write to us at BankCard Customer Service,
P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request
to take effect.
Telephone Monitoring. You consent and agree that we may monitor and record your
telephone calls with our employees or contractors.
Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card
transactions on your credit card account, subject to a very few exceptions. Instead, if the
merchant grants your request for a refund, it is the merchant’s responsibility to send a
credit through Visa or MasterCard so that we can credit your account. You should retain
your copy of the credit slip prepared by the merchant. If the merchant discloses a policy
limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or

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other reservations, you will be bound by the merchant’s cancellation policy, and you
must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in
accordance with that policy. If you give a merchant continuing authority to charge your
account for repeat charges, you must notify the merchant when you wish to revoke that
authorization. If the merchant continues to initiate such charges, to preserve your billing
rights you must continue to notify us promptly every time your billing statement reflects
a new charge.
Assignment. We may assign any or all of our rights under this Agreement, including any
debt you owe us.
Captions. Captions used in this Agreement are intended solely as aids to convenient
reference and do not affect the interpretation of this Agreement.
Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND
ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND
THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this
Agreement any number of times without waiving our rights in the future. If any term of
this Agreement is found to be unenforceable, all other provisions remain in full force and
effect.
Illegal Transactions. You agree not to make or permit to be made any illegal transactions
on the account through use of the card, any other account access device issued by us,
or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any
internet gambling transactions, any internet purchase of tobacco products, or any other
illegal transactions. You agree that illegal use of the card or the account will be deemed
an action of default and/or breach of contract and, in such event, the account and other
related services may be terminated at our discretion. You further agree that should illegal
use occur, you waive any right to sue us for such illegal use or any activity directly or
indirectly related to it, and you agree to indemnify and hold us harmless from any suits,
legal action, or liability directly resulting from such illegal use.
Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or
stolen or if you think someone used or may use your account without permission, you
agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)
if you are outside the continental United States. Upon our request, you agree to provide
us such written information as we request or require to assist our investigation.
Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION
ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.
IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME
EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT
ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM
BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION
PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR
UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO
APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE
ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE
BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined
below), except for Claims filed in a small claims court, may be resolved by mandatory,
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binding arbitration. The small  claims court  exclusion applies only  so  long as the dispute

remains in the small claims court and is an individual (non-class, non-representative) Claim.

If a Claim asserted in small claims court is transferred or appealed to a different court, either

you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration

Provision. This Arbitration Provision is made pursuant to a transaction involving interstate

commerce and shall be governed by and enforceable under the Federal Arbitration Act (the

“FAA”).

Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms

have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank

National Association (which also is branded as First Horizon), its parent company, and their

direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,

directors, successors, and assigns. The words you, your, and yours refer to any applicant,

co-applicant, authorized user of the account, or legal representative of any of the foregoing,

and anyone claiming through such person or incident to the account. The word Claim means

any claim, controversy, or dispute of any kind between you and us arising from or relating to

the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim

includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us

involving one or more of the following:

– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;

– any transactions involving the account;

– any interest, fees and other charges to the account;

– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;

– any collection activity with respect to the account;

– any other matters relating to the account or your credit card relationship with us.

Notwithstanding the foregoing, the word Claim does not include any challenge to the validity

and effect of the Class Action Waiver set forth below, which must be decided by a court.

All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,

regardless of whether the Claim: (i) previously existed, is now existing (whether discovered

or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including

intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,

constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or

declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,

counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is

asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or

collective action. (Any Claim asserted as part of a class action or other representative or

collective action shall proceed in arbitration on an individual basis as set forth below). Joint

cardholders and applicants and authorized users on a single account or multiple accounts for

which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or

cardholder for this purpose.

Initiation of Arbitration. The party electing arbitration must use the arbitration administrator

shown below and follow its rules and procedures. Copies of its current rules, forms and

related information may be obtained by contacting the arbitration administrator as follows:

JAMS

1920 Main St., Suite 300

Irvine, CA 92610

www.jamsadr.com

1-800-352-5267

Except for the small claims court exclusion set forth above, either you or we may ask an

appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,

even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit

may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently

asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive

such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not

waive your right or our right to demand arbitration of any other Claim.

Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought

as a class action or as a private attorney general. You do not have the right to act as a class

representative or participate as a member of a class of claimants with respect to any Claim

submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be

arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve

Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make

awards is limited to you and us alone. Furthermore, Claims brought by you against us or

by us against you may not be joined or consolidated in arbitration with Claims brought by

or against someone other than you, unless otherwise agreed to in writing by all parties.

Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action

Waiver is material and essential to the arbitration of any disputes between the parties and

is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided

or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)

shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that

under no circumstances will a class action be arbitrated. If any portion of this Arbitration

Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be

severed, and the rest of the Arbitration Provision will continue to apply.

Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve

Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration

Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the

Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be

limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable

substantive law consistent with the FAA and applicable statutes of limitations and honor

legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any

damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the

named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision

will not be subject to federal, state, or local rules of procedure and evidence applicable to

lawsuits or to state or local laws relating to arbitration. Either party may choose to have an

arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be

conducted by telephone if the parties agree. Any participatory arbitration hearing that you

attend in person will occur at a place designated by the Administrator at a location within

the federal judicial district that includes your billing address or at some other place agreed

upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential

information if requested to do so by any party. The arbitrator will make any award in writing

and, upon a timely written request, provide a written statement of reasons for the award.

Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that

you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the

Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify

for, a waiver, we will consider any written request by you for us to pay or reimburse you

for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in

the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you

for all or part of other arbitration fees, also, if the arbitrator determines there is good reason

to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.

Otherwise, each party will bear its fees and costs, regardless of who prevails, except that

a party may recover them from another party if the arbitrator determines that applicable law

so requires.

jurisdiction.

Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a

party appeals in writing to the same Administrator in accordance with the Administrator’s

rules. Costs will be allocated in the same way as costs are allocated in arbitration by a

single arbitrator. A final and binding award is subject to judicial review only as provided by

the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having

Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or

changes in the Agreement and/or related agreements or programs, the account, and the

relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)

bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or

any amounts owed on the account. Any different agreement regarding arbitration of Claims

must be agreed in writing.

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: BankCard Center, P.O. Box

1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit

a transaction dispute. You will need to 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 (or electronically). You may call us, but

if you do we are not required to investigate any potential errors; and you may have to pay

the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

• If we do not believe there was a mistake: You will have to pay the amount in question,

along with applicable interest and fees. We will send you a statement of the amount

you owe and the date payment is due. We may then report you as delinquent if you

do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within

10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as

delinquent without also reporting that you are questioning your bill. We must tell you the

name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those

organizations know when the matter has been settled between us. If we do not follow all of

the rules above, you do not have to pay the first $50 of the amount you question even if your

bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit

card, and you have tried in good faith to correct the problem with the merchant, you may

have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 

your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 

$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 

advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 

goods or services.)

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

advances  from  an  ATM  or  with  a  check  that  accesses  your  credit  card  account  do 

not qualify.

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us

in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also

contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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.

CARDHOLDER AGREEMENT

and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

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F01-6904-7 -0811   CP09-73221

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other reservations, you will be bound by the merchant’s cancellation policy, and you

must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in

accordance with that policy. If you give a merchant continuing authority to charge your

account for repeat charges, you must notify the merchant when you wish to revoke that

authorization. If the merchant continues to initiate such charges, to preserve your billing

rights you must continue to notify us promptly every time your billing statement reflects

a new charge.

debt you owe us.

Assignment. We may assign any or all of our rights under this Agreement, including any

Captions. Captions used in this Agreement are intended solely as aids to convenient

reference and do not affect the interpretation of this Agreement.

Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND

ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND

THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this

Agreement any number of times without waiving our rights in the future. If any term of

this Agreement is found to be unenforceable, all other provisions remain in full force and

effect.

Illegal Transactions. You agree not to make or permit to be made any illegal transactions

on the account through use of the card, any other account access device issued by us,

or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any

internet gambling transactions, any internet purchase of tobacco products, or any other

illegal transactions. You agree that illegal use of the card or the account will be deemed

an action of default and/or breach of contract and, in such event, the account and other

related services may be terminated at our discretion. You further agree that should illegal

use occur, you waive any right to sue us for such illegal use or any activity directly or

indirectly related to it, and you agree to indemnify and hold us harmless from any suits,

legal action, or liability directly resulting from such illegal use.

Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or

stolen or if you think someone used or may use your account without permission, you

agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)

if you are outside the continental United States. Upon our request, you agree to provide

us such written information as we request or require to assist our investigation.

Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION

ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.

IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME

EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT

ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM

BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION

PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR

UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO

APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE

ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE

BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined

below), except for Claims filed in a small claims court, may be resolved by mandatory,

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binding arbitration. The  small  claims court exclusion applies only  so  long as the dispute
remains in the small claims court and is an individual (non-class, non-representative) Claim.
If a Claim asserted in small claims court is transferred or appealed to a different court, either
you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration
Provision. This Arbitration Provision is made pursuant to a transaction involving interstate
commerce and shall be governed by and enforceable under the Federal Arbitration Act (the
“FAA”).
Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms
have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank
National Association (which also is branded as First Horizon), its parent company, and their
direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,
directors, successors, and assigns. The words you, your, and yours refer to any applicant,
co-applicant, authorized user of the account, or legal representative of any of the foregoing,
and anyone claiming through such person or incident to the account. The word Claim means
any claim, controversy, or dispute of any kind between you and us arising from or relating to
the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim
includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us
involving one or more of the following:
– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;
– any transactions involving the account;
– any interest, fees and other charges to the account;
– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;
– any collection activity with respect to the account;
– any other matters relating to the account or your credit card relationship with us.
Notwithstanding the foregoing, the word Claim does not include any challenge to the validity
and effect of the Class Action Waiver set forth below, which must be decided by a court.
All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,
regardless of whether the Claim: (i) previously existed, is now existing (whether discovered
or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including
intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,
constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or
declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,
counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is
asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or
collective action. (Any Claim asserted as part of a class action or other representative or
collective action shall proceed in arbitration on an individual basis as set forth below). Joint
cardholders and applicants and authorized users on a single account or multiple accounts for
which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or
cardholder for this purpose.
Initiation of Arbitration. The party electing arbitration must use the arbitration administrator
shown below and follow its rules and procedures. Copies of its current rules, forms and
related information may be obtained by contacting the arbitration administrator as follows:
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JAMS

1920 Main St., Suite 300

Irvine, CA 92610

www.jamsadr.com

1-800-352-5267

Except for the small claims court exclusion set forth above, either you or we may ask an

appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,

even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit

may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently

asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive

such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not

waive your right or our right to demand arbitration of any other Claim.

Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought

as a class action or as a private attorney general. You do not have the right to act as a class

representative or participate as a member of a class of claimants with respect to any Claim

submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be

arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve

Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make

awards is limited to you and us alone. Furthermore, Claims brought by you against us or

by us against you may not be joined or consolidated in arbitration with Claims brought by

or against someone other than you, unless otherwise agreed to in writing by all parties.

Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action

Waiver is material and essential to the arbitration of any disputes between the parties and

is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided

or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)

shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that

under no circumstances will a class action be arbitrated. If any portion of this Arbitration

Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be

severed, and the rest of the Arbitration Provision will continue to apply.

Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve

Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration

Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the

Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be

limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable

substantive law consistent with the FAA and applicable statutes of limitations and honor

legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any

damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the

named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision

will not be subject to federal, state, or local rules of procedure and evidence applicable to

lawsuits or to state or local laws relating to arbitration. Either party may choose to have an

arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be

conducted by telephone if the parties agree. Any participatory arbitration hearing that you

attend in person will occur at a place designated by the Administrator at a location within

the federal judicial district that includes your billing address or at some other place agreed

upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential

information if requested to do so by any party. The arbitrator will make any award in writing

and, upon a timely written request, provide a written statement of reasons for the award.

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Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that

you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the

Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify

for, a waiver, we will consider any written request by you for us to pay or reimburse you

for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in

the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you

for all or part of other arbitration fees, also, if the arbitrator determines there is good reason

to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.

Otherwise, each party will bear its fees and costs, regardless of who prevails, except that

a party may recover them from another party if the arbitrator determines that applicable law

so requires.

jurisdiction.

Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a

party appeals in writing to the same Administrator in accordance with the Administrator’s

rules. Costs will be allocated in the same way as costs are allocated in arbitration by a

single arbitrator. A final and binding award is subject to judicial review only as provided by

the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having

Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or

changes in the Agreement and/or related agreements or programs, the account, and the

relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)

bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or

any amounts owed on the account. Any different agreement regarding arbitration of Claims

must be agreed in writing.

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: BankCard Center, P.O. Box

1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit

a transaction dispute. You will need to 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 (or electronically). You may call us, but

if you do we are not required to investigate any potential errors; and you may have to pay

the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

• If we do not believe there was a mistake: You will have to pay the amount in question,

along with applicable interest and fees. We will send you a statement of the amount

you owe and the date payment is due. We may then report you as delinquent if you

do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within

10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as

delinquent without also reporting that you are questioning your bill. We must tell you the

name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those

organizations know when the matter has been settled between us. If we do not follow all of

the rules above, you do not have to pay the first $50 of the amount you question even if your

bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit

card, and you have tried in good faith to correct the problem with the merchant, you may

have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 

your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 

$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 

advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 

goods or services.)

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

advances  from  an  ATM  or  with  a  check  that  accesses  your  credit  card  account  do 

not qualify.

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us

in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also

contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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.

11

F01-6904-7 -0811   CP09-73221

CARDHOLDER AGREEMENT

and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

94929  08/12/11  10:56 AM  Page 1

other reservations, you will be bound by the merchant’s cancellation policy, and you

must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in

accordance with that policy. If you give a merchant continuing authority to charge your

account for repeat charges, you must notify the merchant when you wish to revoke that

authorization. If the merchant continues to initiate such charges, to preserve your billing

rights you must continue to notify us promptly every time your billing statement reflects

a new charge.

debt you owe us.

Assignment. We may assign any or all of our rights under this Agreement, including any

Captions. Captions used in this Agreement are intended solely as aids to convenient

reference and do not affect the interpretation of this Agreement.

Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND

ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND

THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this

Agreement any number of times without waiving our rights in the future. If any term of

this Agreement is found to be unenforceable, all other provisions remain in full force and

effect.

Illegal Transactions. You agree not to make or permit to be made any illegal transactions

on the account through use of the card, any other account access device issued by us,

or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any

internet gambling transactions, any internet purchase of tobacco products, or any other

illegal transactions. You agree that illegal use of the card or the account will be deemed

an action of default and/or breach of contract and, in such event, the account and other

related services may be terminated at our discretion. You further agree that should illegal

use occur, you waive any right to sue us for such illegal use or any activity directly or

indirectly related to it, and you agree to indemnify and hold us harmless from any suits,

legal action, or liability directly resulting from such illegal use.

Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or

stolen or if you think someone used or may use your account without permission, you

agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)

if you are outside the continental United States. Upon our request, you agree to provide

us such written information as we request or require to assist our investigation.

Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION

ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.

IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME

EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT

ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM

BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION

PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR

UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO

APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE

ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE

BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined

below), except for Claims filed in a small claims court, may be resolved by mandatory,

binding arbitration. The  small claims court  exclusion applies only  so  long as the dispute

remains in the small claims court and is an individual (non-class, non-representative) Claim.

If a Claim asserted in small claims court is transferred or appealed to a different court, either

you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration

Provision. This Arbitration Provision is made pursuant to a transaction involving interstate

commerce and shall be governed by and enforceable under the Federal Arbitration Act (the

“FAA”).

Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms

have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank

National Association (which also is branded as First Horizon), its parent company, and their

direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,

directors, successors, and assigns. The words you, your, and yours refer to any applicant,

co-applicant, authorized user of the account, or legal representative of any of the foregoing,

and anyone claiming through such person or incident to the account. The word Claim means

any claim, controversy, or dispute of any kind between you and us arising from or relating to

the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim

includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us

involving one or more of the following:

– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;

– any transactions involving the account;

– any interest, fees and other charges to the account;

– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;

– any collection activity with respect to the account;

– any other matters relating to the account or your credit card relationship with us.

Notwithstanding the foregoing, the word Claim does not include any challenge to the validity

and effect of the Class Action Waiver set forth below, which must be decided by a court.

All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,

regardless of whether the Claim: (i) previously existed, is now existing (whether discovered

or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including

intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,

constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or

declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,

counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is

asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or

collective action. (Any Claim asserted as part of a class action or other representative or

collective action shall proceed in arbitration on an individual basis as set forth below). Joint

cardholders and applicants and authorized users on a single account or multiple accounts for

which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or

cardholder for this purpose.

Initiation of Arbitration. The party electing arbitration must use the arbitration administrator

shown below and follow its rules and procedures. Copies of its current rules, forms and

related information may be obtained by contacting the arbitration administrator as follows:

JAMS
1920 Main St., Suite 300
Irvine, CA 92610
www.jamsadr.com
1-800-352-5267
Except for the small claims court exclusion set forth above, either you or we may ask an
appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,
even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit
may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently
asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive
such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not
waive your right or our right to demand arbitration of any other Claim.
Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought
as a class action or as a private attorney general. You do not have the right to act as a class
representative or participate as a member of a class of claimants with respect to any Claim
submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be
arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve
Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make
awards is limited to you and us alone. Furthermore, Claims brought by you against us or
by us against you may not be joined or consolidated in arbitration with Claims brought by
or against someone other than you, unless otherwise agreed to in writing by all parties.
Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action
Waiver is material and essential to the arbitration of any disputes between the parties and
is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided
or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)
shall be null and void with respect to such proceeding, subject to the right to appeal the
limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that
under no circumstances will a class action be arbitrated. If any portion of this Arbitration
Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be
severed, and the rest of the Arbitration Provision will continue to apply.
Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve
Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration
Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the
Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be
limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable
substantive law consistent with the FAA and applicable statutes of limitations and honor
legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any
damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the
named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision
will not be subject to federal, state, or local rules of procedure and evidence applicable to
lawsuits or to state or local laws relating to arbitration. Either party may choose to have an
arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be
conducted by telephone if the parties agree. Any participatory arbitration hearing that you
attend in person will occur at a place designated by the Administrator at a location within
the federal judicial district that includes your billing address or at some other place agreed
upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential
information if requested to do so by any party. The arbitrator will make any award in writing
and, upon a timely written request, provide a written statement of reasons for the award.
9

Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that

you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the

Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify

for, a waiver, we will consider any written request by you for us to pay or reimburse you

for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in

the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you

for all or part of other arbitration fees, also, if the arbitrator determines there is good reason

to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.

Otherwise, each party will bear its fees and costs, regardless of who prevails, except that

a party may recover them from another party if the arbitrator determines that applicable law

so requires.

jurisdiction.

Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a

party appeals in writing to the same Administrator in accordance with the Administrator’s

rules. Costs will be allocated in the same way as costs are allocated in arbitration by a

single arbitrator. A final and binding award is subject to judicial review only as provided by

the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having

Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or

changes in the Agreement and/or related agreements or programs, the account, and the

relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)

bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or

any amounts owed on the account. Any different agreement regarding arbitration of Claims

must be agreed in writing.

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: BankCard Center, P.O. Box

1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit

a transaction dispute. You will need to 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 (or electronically). You may call us, but

if you do we are not required to investigate any potential errors; and you may have to pay

the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

10

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

• If we do not believe there was a mistake: You will have to pay the amount in question,

along with applicable interest and fees. We will send you a statement of the amount

you owe and the date payment is due. We may then report you as delinquent if you

do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within

10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as

delinquent without also reporting that you are questioning your bill. We must tell you the

name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those

organizations know when the matter has been settled between us. If we do not follow all of

the rules above, you do not have to pay the first $50 of the amount you question even if your

bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit

card, and you have tried in good faith to correct the problem with the merchant, you may

have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 

your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 

$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 

advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 

goods or services.)

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

advances  from  an  ATM  or  with  a  check  that  accesses  your  credit  card  account  do 

not qualify.

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us

in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also

contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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.

11

F01-6904-7 -0811   CP09-73221

CARDHOLDER AGREEMENT

and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

7

8

94929  08/12/11  10:56 AM  Page 1

other reservations, you will be bound by the merchant’s cancellation policy, and you

must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in

accordance with that policy. If you give a merchant continuing authority to charge your

account for repeat charges, you must notify the merchant when you wish to revoke that

authorization. If the merchant continues to initiate such charges, to preserve your billing

rights you must continue to notify us promptly every time your billing statement reflects

a new charge.

debt you owe us.

Assignment. We may assign any or all of our rights under this Agreement, including any

Captions. Captions used in this Agreement are intended solely as aids to convenient

reference and do not affect the interpretation of this Agreement.

Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND

ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND

THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this

Agreement any number of times without waiving our rights in the future. If any term of

this Agreement is found to be unenforceable, all other provisions remain in full force and

effect.

Illegal Transactions. You agree not to make or permit to be made any illegal transactions

on the account through use of the card, any other account access device issued by us,

or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any

internet gambling transactions, any internet purchase of tobacco products, or any other

illegal transactions. You agree that illegal use of the card or the account will be deemed

an action of default and/or breach of contract and, in such event, the account and other

related services may be terminated at our discretion. You further agree that should illegal

use occur, you waive any right to sue us for such illegal use or any activity directly or

indirectly related to it, and you agree to indemnify and hold us harmless from any suits,

legal action, or liability directly resulting from such illegal use.

Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or

stolen or if you think someone used or may use your account without permission, you

agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)

if you are outside the continental United States. Upon our request, you agree to provide

us such written information as we request or require to assist our investigation.

Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION

ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.

IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME

EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT

ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM

BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION

PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR

UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO

APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE

ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE

BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined

below), except for Claims filed in a small claims court, may be resolved by mandatory,

binding arbitration. The  small  claims court  exclusion applies only  so  long as the dispute

remains in the small claims court and is an individual (non-class, non-representative) Claim.

If a Claim asserted in small claims court is transferred or appealed to a different court, either

you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration

Provision. This Arbitration Provision is made pursuant to a transaction involving interstate

commerce and shall be governed by and enforceable under the Federal Arbitration Act (the

“FAA”).

Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms

have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank

National Association (which also is branded as First Horizon), its parent company, and their

direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,

directors, successors, and assigns. The words you, your, and yours refer to any applicant,

co-applicant, authorized user of the account, or legal representative of any of the foregoing,

and anyone claiming through such person or incident to the account. The word Claim means

any claim, controversy, or dispute of any kind between you and us arising from or relating to

the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim

includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us

involving one or more of the following:

– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;

– any transactions involving the account;

– any interest, fees and other charges to the account;

– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;

– any collection activity with respect to the account;

– any other matters relating to the account or your credit card relationship with us.

Notwithstanding the foregoing, the word Claim does not include any challenge to the validity

and effect of the Class Action Waiver set forth below, which must be decided by a court.

All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,

regardless of whether the Claim: (i) previously existed, is now existing (whether discovered

or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including

intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,

constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or

declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,

counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is

asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or

collective action. (Any Claim asserted as part of a class action or other representative or

collective action shall proceed in arbitration on an individual basis as set forth below). Joint

cardholders and applicants and authorized users on a single account or multiple accounts for

which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or

cardholder for this purpose.

Initiation of Arbitration. The party electing arbitration must use the arbitration administrator

shown below and follow its rules and procedures. Copies of its current rules, forms and

related information may be obtained by contacting the arbitration administrator as follows:

JAMS

1920 Main St., Suite 300

Irvine, CA 92610

www.jamsadr.com

1-800-352-5267

Except for the small claims court exclusion set forth above, either you or we may ask an

appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,

even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit

may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently

asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive

such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not

waive your right or our right to demand arbitration of any other Claim.

Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought

as a class action or as a private attorney general. You do not have the right to act as a class

representative or participate as a member of a class of claimants with respect to any Claim

submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be

arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve

Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make

awards is limited to you and us alone. Furthermore, Claims brought by you against us or

by us against you may not be joined or consolidated in arbitration with Claims brought by

or against someone other than you, unless otherwise agreed to in writing by all parties.

Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action

Waiver is material and essential to the arbitration of any disputes between the parties and

is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided

or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)

shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that

under no circumstances will a class action be arbitrated. If any portion of this Arbitration

Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be

severed, and the rest of the Arbitration Provision will continue to apply.

Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve

Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration

Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the

Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be

limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable

substantive law consistent with the FAA and applicable statutes of limitations and honor

legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any

damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the

named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision

will not be subject to federal, state, or local rules of procedure and evidence applicable to

lawsuits or to state or local laws relating to arbitration. Either party may choose to have an

arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be

conducted by telephone if the parties agree. Any participatory arbitration hearing that you

attend in person will occur at a place designated by the Administrator at a location within

the federal judicial district that includes your billing address or at some other place agreed

upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential

information if requested to do so by any party. The arbitrator will make any award in writing

and, upon a timely written request, provide a written statement of reasons for the award.

Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that
you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the
Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify
for, a waiver, we will consider any written request by you for us to pay or reimburse you
for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in
the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you
for all or part of other arbitration fees, also, if the arbitrator determines there is good reason
to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.
Otherwise, each party will bear its fees and costs, regardless of who prevails, except that
a party may recover them from another party if the arbitrator determines that applicable law
so requires.
Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a
party appeals in writing to the same Administrator in accordance with the Administrator’s
rules. Costs will be allocated in the same way as costs are allocated in arbitration by a
single arbitrator. A final and binding award is subject to judicial review only as provided by
the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having
jurisdiction.
Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or
changes in the Agreement and/or related agreements or programs, the account, and the
relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)
bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or
any amounts owed on the account. Any different agreement regarding arbitration of Claims
must be agreed in writing.

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: BankCard Center, P.O. Box
1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit
a transaction dispute. You will need to 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 (or electronically). You may call us, but
if you do we are not required to investigate any potential errors; and you may have to pay
the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

10

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

• If we do not believe there was a mistake: You will have to pay the amount in question,

along with applicable interest and fees. We will send you a statement of the amount

you owe and the date payment is due. We may then report you as delinquent if you

do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within

10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as

delinquent without also reporting that you are questioning your bill. We must tell you the

name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those

organizations know when the matter has been settled between us. If we do not follow all of

the rules above, you do not have to pay the first $50 of the amount you question even if your

bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit

card, and you have tried in good faith to correct the problem with the merchant, you may

have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 

your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 

$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 

advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 

goods or services.)

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

advances  from  an  ATM  or  with  a  check  that  accesses  your  credit  card  account  do 

not qualify.

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us

in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also

contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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.

11

F01-6904-7 -0811   CP09-73221

CARDHOLDER AGREEMENT

and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

7

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94929  08/12/11  10:56 AM  Page 1

other reservations, you will be bound by the merchant’s cancellation policy, and you

must  obtain  a  cancellation  code  from  the  merchant  to  avoid  or  limit  any  charges  in

accordance with that policy. If you give a merchant continuing authority to charge your

account for repeat charges, you must notify the merchant when you wish to revoke that

authorization. If the merchant continues to initiate such charges, to preserve your billing

rights you must continue to notify us promptly every time your billing statement reflects

a new charge.

debt you owe us.

Assignment. We may assign any or all of our rights under this Agreement, including any

Captions. Captions used in this Agreement are intended solely as aids to convenient

reference and do not affect the interpretation of this Agreement.

Applicable  Law/Non-Waiver/Severability.  YOUR  ACCOUNT  AND  THE  TERMS  AND

ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND

THE  LAW  OF  TENNESSEE.  We  can  delay  enforcing  any  of  our  rights  under  this

Agreement any number of times without waiving our rights in the future. If any term of

this Agreement is found to be unenforceable, all other provisions remain in full force and

effect.

Illegal Transactions. You agree not to make or permit to be made any illegal transactions

on the account through use of the card, any other account access device issued by us,

or  in  any  other  manner.  We  may,  but  are  not  required  to,  deny  authorization  for  any

internet gambling transactions, any internet purchase of tobacco products, or any other

illegal transactions. You agree that illegal use of the card or the account will be deemed

an action of default and/or breach of contract and, in such event, the account and other

related services may be terminated at our discretion. You further agree that should illegal

use occur, you waive any right to sue us for such illegal use or any activity directly or

indirectly related to it, and you agree to indemnify and hold us harmless from any suits,

legal action, or liability directly resulting from such illegal use.

Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or

stolen or if you think someone used or may use your account without permission, you

agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)

if you are outside the continental United States. Upon our request, you agree to provide

us such written information as we request or require to assist our investigation.

Liability  for  Unauthorized  Use.  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 you notify us. 

ARBITRATION PROVISION

ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY.

IT  PROVIDES  FOR  MANDATORY  ARBITRATION  OF  CLAIMS  (SUBJECT  TO  SOME

EXCEPTIONS),  INSTEAD  OF  COURT  PROCEEDINGS.  IF  YOU  OR  WE  ELECT

ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM

BEFORE  A  JUDGE  OR  JURY  IN  COURT  OR  TO  PARTICIPATE  IN  A  CLASS  ACTION

PROCEEDING.  RIGHTS  YOU  WOULD  HAVE  IN  COURT  THAT  MAY  BE  LIMITED  OR

UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO

APPEAL.  FEES  AND  EXPENSES  OF  ARBITRATION  MAY  BE  HIGHER  THAN  THOSE

ASSOCIATED  WITH  COURT  PROCEEDINGS.  THE  ARBITRATOR’S  DECISION  WILL  BE

BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined

below), except for Claims filed in a small claims court, may be resolved by mandatory,

binding arbitration. The  small  claims court  exclusion  applies only so  long as the dispute

remains in the small claims court and is an individual (non-class, non-representative) Claim.

If a Claim asserted in small claims court is transferred or appealed to a different court, either

you  or  we  may  then  elect  mandatory,  binding  arbitration  pursuant  to  this  Arbitration

Provision. This Arbitration Provision is made pursuant to a transaction involving interstate

commerce and shall be governed by and enforceable under the Federal Arbitration Act (the

“FAA”).

Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms

have  the  following  definitions.  The  words  we,  our,  and  us  mean  First  Tennessee  Bank

National Association (which also is branded as First Horizon), its parent company, and their

direct  and  indirect  subsidiaries  and  affiliates,  together  with  their  employees,  officers,

directors, successors, and assigns. The words you, your, and yours refer to any applicant,

co-applicant, authorized user of the account, or legal representative of any of the foregoing,

and anyone claiming through such person or incident to the account. The word Claim means

any claim, controversy, or dispute of any kind between you and us arising from or relating to

the  account  or  any  relationship  arising  from  or  related  to  the  account.  The  word  Claim

includes,  but  is  not  limited  to,  any  claim,  controversy  or  dispute  between  you  and  us

involving one or more of the following:

– the  application,  enforceability,  or  interpretation  of  this  Arbitration  Provision  or

other part of the Agreement;

– any  advertisements,  solicitations,  disclosures  or  other  communications 

relating to the account, whether made before or after the account was opened;

– the opening, administration and termination of the account;

– any transactions involving the account;

– any interest, fees and other charges to the account;

– any  products  or  services  (whether  provided  by  us  or  a  third  party)  related  to  or 

offered in connection with the account;

– any use or disclosure of information about you or the account;

– any collection activity with respect to the account;

– any other matters relating to the account or your credit card relationship with us.

Notwithstanding the foregoing, the word Claim does not include any challenge to the validity

and effect of the Class Action Waiver set forth below, which must be decided by a court.

All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision,

regardless of whether the Claim: (i) previously existed, is now existing (whether discovered

or  undiscovered)  or  arises  later;  (ii)  is  based  on  a  theory  of  contract,  tort  (including

intentional  tort),  negligence,  agency  or  other  vicarious  liability,  fraud,  statute,  regulation,

constitution,  or  any  other  source  of  law  or  equity;  (iii)  seeks  monetary  damages,  or

declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim,

counterclaim,  crossclaim,  interpleader  action,  third-party  claim  or  other  action;  or  (v)  is

asserted  as  an  individual  claim  or  as  part  of  a  class  action  or  other  representative  or

collective action. (Any Claim asserted as part of a class action or other representative or

collective action shall proceed in arbitration on an individual basis as set forth below). Joint

cardholders and applicants and authorized users on a single account or multiple accounts for

which  the  same  accountholders  are  legally  responsible  will  be  treated  as  one  person  or

cardholder for this purpose.

Initiation of Arbitration. The party electing arbitration must use the arbitration administrator

shown below and follow its rules and procedures. Copies of its current rules, forms and

related information may be obtained by contacting the arbitration administrator as follows:

JAMS

1920 Main St., Suite 300

Irvine, CA 92610

www.jamsadr.com

1-800-352-5267

Except for the small claims court exclusion set forth above, either you or we may ask an

appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim,

even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit

may  nevertheless  elect  mandatory  arbitration  with  respect  to  any  Claims  subsequently

asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive

such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not

waive your right or our right to demand arbitration of any other Claim.

Class Action Waiver. No Claim submitted to arbitration is heard by a jury or may be brought

as a class action or as a private attorney general. You do not have the right to act as a class

representative or participate as a member of a class of claimants with respect to any Claim

submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be

arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve

Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make

awards is limited to you and us alone. Furthermore, Claims brought by you against us or

by us against you may not be joined or consolidated in arbitration with Claims brought by

or against someone other than you, unless otherwise agreed to in writing by all parties.

Severability.  The  parties  to  this  Arbitration  Provision  acknowledge  that  the  Class  Action

Waiver is material and essential to the arbitration of any disputes between the parties and

is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided

or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence)

shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that

under no circumstances will a class action be arbitrated. If any portion of this Arbitration

Provision,  other  than  the  Class  Action  Waiver,  cannot  be  enforced,  that  portion  will  be

severed, and the rest of the Arbitration Provision will continue to apply.

Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve

Claims  pursuant  to  the  rules  and  procedures  of  the  Administrator  and  this  Arbitration

Provision.  This  Arbitration  Provision  will  govern  in  the  event  of  conflict  with  the

Administrator’s  rules  and  procedures.  Discovery  procedures  available  to  parties  will  be

limited  by  the  Administrator’s  rules  and  procedures.  The  arbitrator  will  apply  applicable

substantive law consistent with the FAA and applicable statutes of limitations and honor

legally  recognized  claims  of  privilege.  The  arbitrator  will  have  the  power  to  award  any

damages  or  other  relief  provided  for  under  applicable  law,  but  only  with  respect  to  the

named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision

will not be subject to federal, state, or local rules of procedure and evidence applicable to

lawsuits or to state or local laws relating to arbitration. Either party may choose to have an

arbitration  hearing  and  to  be  represented  by  counsel.  An  arbitration  hearing  may  be

conducted by telephone if the parties agree. Any participatory arbitration hearing that you

attend in person will occur at a place designated by the Administrator at a location within

the federal judicial district that includes your billing address or at some other place agreed

upon  by  you  and  us.  The  arbitrator  will  use  reasonable  efforts  to  protect  confidential

information if requested to do so by any party. The arbitrator will make any award in writing

and, upon a timely written request, provide a written statement of reasons for the award.

Costs of Arbitration. The party filing for arbitration will pay the initial filing fee, except that

you  may  seek  a  waiver  of  the  filing  fee  and/or  other  arbitration  fees  under  the

Administrator’s rules (collectively, “Administrator’s Fees”). If you seek, but do not qualify

for, a waiver, we will consider any written request by you for us to pay or reimburse you

for all or part of the Administrator’s Fees. If you pay the initial filing fee and you prevail in

the arbitration proceeding, we will reimburse you for that fee. We will pay or reimburse you

for all or part of other arbitration fees, also, if the arbitrator determines there is good reason

to  do  so,  and  we  will  pay  any  fees  and  costs,  which  we  are  required  to  pay  by  law.

Otherwise, each party will bear its fees and costs, regardless of who prevails, except that

a party may recover them from another party if the arbitrator determines that applicable law

so requires.

jurisdiction.

Finality of Arbitration. The arbitrator’s decision is final and binding on the parties unless a

party appeals in writing to the same Administrator in accordance with the Administrator’s

rules. Costs will be allocated in the same way as costs are allocated in arbitration by a

single arbitrator. A final and binding award is subject to judicial review only as provided by

the  FAA.  An  arbitration  award  will  be  enforceable  under  the  FAA  by  any  court  having

Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or

changes in the Agreement and/or related agreements or programs, the account, and the

relationship  between  you  and  us  concerning  the  account  and  related  programs;  (ii)

bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or

any amounts owed on the account. Any different agreement regarding arbitration of Claims

must be agreed in writing.

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: BankCard Center, P.O. Box

1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit

a transaction dispute. You will need to 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 (or electronically). You may call us, but

if you do we are not required to investigate any potential errors; and you may have to pay

the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. 

We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct.

10

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

• We cannot try to collect the amount in question, or report you as delinquent on that

amount.

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

charge you interest on that amount.

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

remainder of your balance.

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

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount.

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

If you receive our explanation but still believe your bill is wrong, you must write to us within
10  days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as
delinquent without also reporting that you are questioning your bill. We must tell you the
name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those
organizations know when the matter has been settled between us. If we do not follow all of
the rules above, you do not have to pay the first $50 of the amount you question even if your
bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit
card, and you have tried in good faith to correct the problem with the merchant, you may
have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of 
your  current  mailing  address,  and  the  purchase  price  must  have  been  more  than 
$50.  (Note:  Neither  of  these  is  necessary  if  your  purchase  was  based  on  an 
advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 
goods or services.)

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

3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us
in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also
contact us by going to www.firsttennessee.com and submitting a transaction dispute. 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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F01-6904-7 -0811   CP09-73221

CARDHOLDER AGREEMENT

and Disclosures Under The Federal Truth In Lending Act

Agreement and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Changes In Terms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Using Your Account  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Introductory Rates  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Standard (Variable) Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Promise to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Credit Limit  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Billing Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Making Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Effects of Making Minimum Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Application of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

New Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Minimum Payment Calculation  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Form of Payments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Payment Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Visa Money Transfer   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Finance Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Interest Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Foreign Currency Transactions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Paying Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Purchases  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Grace Period for Balance Transfers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Cash Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Calculating Average Daily Balance   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Purchase Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Balance Transfer Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Balance  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Other Fees and Charges  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Cash Advance Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Returned Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Late Payment Fee  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Collection Costs and Attorneys’ Fees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Security Interest  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Account Use by Others  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Default/Entire Balance Due  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Non-default Termination or Suspension  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Credit Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Promotions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Telephone Monitoring  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Merchant Refunds/Credits  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Assignment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Captions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Applicable Law/Non-Waiver/Severability  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Illegal Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lost or Stolen Cards/Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Liability for Unauthorized Use  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

BILLING RIGHTS NOTICE  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10