DSRM National Bank Credit Card Account                                                                     rev 2017 07 
Interest Rates and Interest Charges 
Annual percentage rates 
(APR) for purchases 

23.00% 

Penalty APR and When it 
Applies 

28.24%  
     This APR will vary with the market based on the Prime Rate*. 

     This APR may be applied to your Account if you make a late      
     payment. 

     How long will the Penalty APR apply?  If your APR is  
     increased for this reason, the Penalty APR will apply until you    
     make six consecutive minimum payments when due. 

How to Avoid Paying 
Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 21 days after the close of each billing cycle.  We 
will not charge you any interest on purchases if you pay your entire balance 
by the due date each month.    
If you are charged interest, the charge will be no less than $2.00 

To learn more about factors to consider when applying for or using a credit 
card, visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore  

Fees 

Annual Fee 
Penalty Fees 

None  

•  Late Payment 

Up to $35 

•  Return Payment 

Up to $25 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”. See your account agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is 
provided in your account agreement. 

*The Prime Rate we use is the one published in the Money Rates table in The Wall Street Journal on the 
15th  day  of  each  month.    See  your  account  agreement  for  more  details.  Currently,  the  Penalty  APR  is 
28.24%, with a corresponding monthly periodic rate of 2.35%. 

 
 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DSRM National Bank 
Credit Card Agreement - Terms and Conditions 
Customer Service Mailing Address:  
Credit Card Center, PO Box 631, Amarillo, TX 79105-0631  
Customer Service Telephone: 1-800-333-3560 

Definitions. In this Credit Card Agreement – Terms and Conditions ("Agreement"), the words "we", "us", "our" and "DSRM 
National Bank" mean DSRM National Bank, a national credit card bank located in Albuquerque, New Mexico. "You" and "Your" 
mean the person who applies for, requests or accepts the Card or Cards issued on the Account. "Account" means your DSRM 
National Bank credit card account, which is owned by us and governed by this Agreement. "Card" or "Cards" means the Valero 
Regular  Credit  Card(s),  Valero  VIP  Credit  Card(s),  or  Preferred  Gold  Card(s),  issued  to  you  by  DSRM  National  Bank  in 
connection with your Account. A Preferred Gold Card is issued to the person(s) who applies for or accepts the Preferred Gold 
Account.  Definitions of additional terms are contained in other paragraphs of this Agreement. 

Acceptance of the Terms of this Agreement. You will be bound by the terms of this Agreement when you apply for and 
receive, or sign, or use, or permit another to use, your Cards or Account number. You must sign each Card issued to you 
before you  use it.  If you do not wish to be bound by the terms and conditions of this Agreement, do  not use the Card  or 
authorize another person to use it. Instead, cut all of the Cards in two and return them to us.  You may designate one "Additional 
User"  to  your  Account  by  contacting  us  at  1-800-333-3560  and  providing  us  with  such  designation.  Unless  you  tell  us 
otherwise, an Additional User may assist in administration of your Account and credit information regarding your Account may 
be reported to credit reporting agencies in the name of the Additional User. 

Important Protections for Servicemembers and their Dependents.  Federal law provides important protections to members 
of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit 
to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate (APR) of 36 percent. 
This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; 
fees  for  ancillary  products  sold  in  connection  with  the  credit  transaction;  any  application  fee  charged  (other  than  certain 
application  fees  for  specified  credit  transactions  or  accounts);  and  any  participation  fee  charged  (other  than  certain 
participation fees for a credit card account). If, as a result of these protections, any Military Annual Percentage Rate (MAPR) 
adjustments are made to an Account, the adjustments will be reflected on the Monthly Statement. Covered borrowers may 
call toll-free 1-844-686-9681 to hear important disclosures required by law.  If you are a “covered borrower” under this law, 
then the Binding Arbitration Provision of this Agreement does not apply to you. 

Use of Your Cards. You may use your Cards to make charges for fuel, merchandise, services, and other permissible items 
("Purchases") at Valero, Beacon, or Shamrock stores or other retailers that accept the DSRM National Bank credit card(s). 

Preferred Gold "Annual Fee". If you have been issued a DSRM National Bank Preferred Gold Card, you will be assessed 
an Annual Fee of $10.  All other cards have no Annual Fee. 

Extension of Credit; Agreement to Pay. When you use your Card, or permit someone else to do so, you thereby promise 
to pay all charges made with your Card, along with all related Interest Charges and other fees accruing under this Agreement, 
in conformity to the terms of this Agreement. We may at any time suspend or terminate your Account, or a Card issued on 
your Account, as to any future use of your Account or Card.  

Loyalty Program - Rebate on Preferred Gold Card Purchases. The holder of a DSRM National Bank Preferred Gold Card 
in good standing at the time the Account is billed will be entitled to a rebate on fuel purchases made on the Account for that 
billing period, as follows: 

$.01/gallon for Diesel 
$.01/gallon for Regular Unleaded Gasoline 
$.015/gallon for Mid-Grade Unleaded Gasoline 
$.02/gallon for Super Unleaded Gasoline 

The rebate will be paid to you, at your option, in the form of a monthly credit applied against your Account balance, or in the 
form of a yearly check mailed to the address shown on your Account at the time the check is mailed. We will be entitled to 
offset  amounts  payable  by  check  against  amounts  due  on  your  Account  if  your  Account  is  not  in  good  standing.   We can 
terminate this rebate program at any time.  If we terminate the rebate program, we will pay you any accrued rebate and refund 
a pro-rated portion of your Annual Fee for the period of the year after the program is terminated (if any).  Your Account is in 
“good standing” for these purposes, if, at the billing date, there are no overdue payments on your Account, and your Account 
has not been closed to new Purchases.  

Repayment;  Minimum  Payment  Due  Each  Billing  Cycle.  You  promise  to  pay  us  the  amounts  of  all  credit  you  obtain 
(including all Purchases), all fees and charges we assess against your Account and all Interest Charges as provided in this 
Agreement. You agree to make your payments in the amounts and at the times provided in this Agreement.  

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
We will provide a "Monthly Statement" of your Account at approximately monthly intervals if there has been activity on your 
Account, or there is a balance (credit or debit) in your Account exceeding $1, unless we deem your Account to be uncollectible, 
or we have instituted delinquency collection procedures, or furnishing the statement would violate federal law. You may pay 
any amount up to the entire unpaid balance (the "New Balance") of your Account at any time. You must pay each billing cycle 
at least the Minimum Payment amount shown on your Monthly Statement by the Payment Due Date shown on the Monthly 
Statement.  

The Minimum Payment due each billing cycle is the greater of (1) the sum of: (a) all past due amounts, plus (b) 1/6th (one-
sixth) of the New Balance of your Account at the end of the billing cycle, plus (c) the amount of any Annual Fees, other Account 
fees, fees for credit card protection services, insurance premiums, and membership programs, plus (d) installments for mail, 
telephone, or electronic merchandise/services orders as provided in the terms for such orders, plus (e) Interest Charges posted 
to your Account during the billing cycle, or (2) $25 (or the entire New Balance if less than $25).  We will also include in your 
Minimum Payment any part of the New Balance in excess of your GasCap® Credit Limit.  

Your Payment Due Date will be at least 21 days after the Closing Date shown on your Monthly Statement.  The Minimum 
Payment due will never be more than the New Balance.  If you want to request a change to your Payment Due Date, call us 
at 1-800-333-3560 or write to us at PO Box 631, Amarillo, TX 79105-0631. We may take up to 30 days to process such a 
request.   

If you overpay, or if a credit balance is otherwise created in your Account, we will not pay interest on such amounts. Mail your 
payment made in U.S. dollars, accompanied by the payment remittance stub, using the envelope enclosed with your Monthly 
Statement or to the payment address provided, and following all other instructions on your Monthly Statement. The crediting 
of payments sent to any location other than the payment address or received in any other manner may be delayed. Except for 
address changes on the back of the Monthly Statement payment remittance stub, do not send correspondence of any type to 
the payment address. For inquiries about your Account, please call us toll-free at 1-800-333-3560 or write to us at PO Box 
631, Amarillo, TX 79105-0631. 

We will allocate your payments among the charges on your Account in accordance with the requirements of federal law.  We 
may allocate the amount of your Minimum Payment in the manner we determine, without regard to any contrary instructions 
from you. In most instances, we will allocate your Minimum Payments to balances (including new transactions) with higher 
APRs before balances with lower APRs. This will result in balances with a higher rate of interest being paid before any other 
existing balances. Even though your payment may be credited to your Account in the billing cycle in which the payment is 
received, your available credit may not be increased by the amount of the payment until your payment has cleared.  

If  you  pay  more  than  the  Minimum  Payment,  we  will  apply  the  excess  payment  amount  to  reduce  your  total  outstanding 
balance, and you will continue to be obligated to make any Minimum Payment in succeeding billing cycles. 

If you post-date a check for payment, we may process the check immediately upon receipt or return it unpaid, at our election, 
without in either case waiting until the date shown on the check.  We are not liable to you for any loss or expense incurred by 
you arising out of the action we elect to take. 

If you send a payment to us for less than the full balance marked with the words “Paid in Full” or similar language, we may 
refuse to accept such payments or we may accept the payment without losing any of our rights.  Any of these payments must 
be mailed to the address designated for these types of payments on your periodic statement. 

If your check is processed by us non-electronically and is returned to us for insufficient funds or dishonored for any reason, 
we may re-present the returned check electronically. 

We can refuse to accept payments not denominated in U.S. dollars or not drawn on a domestic office of a U.S. bank.  We will 
charge a Returned Payment Fee, as described in "Account Fees and Charges" below. 

Authorization  To  Convert  Your  Check.  If  you  send  us  a  check  to  make  your  payment,  you  authorize  us  either  to  use 
information  from  your  check  to  make  a  one-time  electronic  fund  transfer  from  your  financial  institution  or  to  process  the 
payment as a check transaction. “Electronic Fund Transfer” or “EFT” is the term used to refer to the process by which we 
electronically instruct your financial institution to transfer funds from your financial institution for the same amount as the check.  
When we use information from your check to make an EFT, funds may be withdrawn from your financial institution as soon as 
the same day we receive your payment, and you will not receive your check back from your financial institution.  You authorize 
us to collect a fee of up to $25 through an EFT from your financial institution if your payment is returned unpaid. We retain an 
image of your electronically processed check to the extent required by applicable law. If the EFT cannot be processed for 
technical reasons, you authorize us to process the copy of your check.  If you have questions about this or other payment 
options, or do not want your payments collected electronically, please call our Customer Service Center at 1-800-333-3560. 

Your GasCap® Credit Limit. We will establish a credit limit for your Account from time to time. Your GasCap® Credit Limit 
will be shown on the initial Card mailer and on each Monthly Statement of your Account. The total amount of credit outstanding 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
on your Account at any time must not be more than your then current GasCap® Credit Limit. We may change your GasCap® 
Credit Limit from time to time. We will attempt to notify you if we do.  If we accept a payment for an amount in excess of your 
outstanding balance, your available GasCap® Credit Limit will not be increased by the amount of such overpayment nor shall 
we be required to authorize transactions for an amount in excess of your assigned GasCap® Credit Limit.  You may request 
an increase to your GasCap® Credit Limit by calling 1-800-333-3560 or writing to PO Box 631, Amarillo, TX 79105-0631. 

Exceeding Your GasCap® Credit Limit. If you request credit in any form which, if granted, would cause your total outstanding 
balance (including, authorized transactions not yet posted to your Account) to exceed your GasCap® Credit Limit we establish 
for your Account, whether or not such balances before the request were more than the respective GasCap ® Credit Limit, we 
may, at our election: (1) honor the request without permanently increasing your GasCap® Credit Limit; (2) honor the request 
and treat the amount which is more than your GasCap® Credit Limit as immediately due; or (3) refuse to honor the request.  
If we have previously honored requests for credit in excess of your GasCap® Credit Limit, that does not mean that we will 
honor further over-limit requests. 

INTEREST CHARGES.  

When Periodic Rate Interest Charges Begin to Accrue:  Periodic rate Interest Charges will accrue daily on Purchases from 
the date that the transaction was posted until the date each Purchase is completely repaid according to the payment allocation 
method then in effect.  However, if the New Balance shown on the Monthly Statement for the previous billing cycle was a 
credit balance or zero or was paid in full by its Payment Due Date, then (1) we will not charge periodic rate Interest Charges 
during the current billing cycle if you pay the New Balance, if any, shown on the Monthly Statement for the current billing cycle 
by its Payment Due Date, and (2) we will credit any payment that you make by the Payment Due Date for the current billing 
cycle as of the first day of the billing cycle. 

Periodic Rates of the Interest Charge: The manner in which we determine the periodic rates that apply to your Account are 
described  below.  The  periodic  rates  and  corresponding  Annual  Percentage  Rates  currently  in  effect  are  set  forth  on  the 
account-opening table, which is part of this Agreement. 

(a) Rate of Interest Charge on Purchases: With respect to all Purchases:  

(1)  Standard  Pricing  Rate.  The  monthly  periodic  rate  we  use to  compute  the  Interest  Charge  on  all  Purchases  is  a  non-
variable rate which is 1.92%. The corresponding Annual Percentage Rate is 23.00%. We use the Standard Pricing Rate unless 
the Penalty Pricing Rate applies. 

(2) Penalty Pricing Rate. You will be assessed the Penalty Pricing Rate if your Account becomes 60 days or more delinquent. 
The Penalty Pricing Rate will be effective no earlier than 45 days after we provide notice to you that the Penalty Pricing Rate 
has been triggered.  The Penalty Pricing Rate is a variable rate.  The Annual Percentage Rate for the Penalty Pricing Rate is 
the  Prime  Rate  plus  23.99%,  but  never  greater  than  29.99%.  When the  Penalty  Pricing  Rate  is  in  effect,  we  compute  the 
Interest Charge on Purchases by using a monthly periodic rate equal to 1/12th of (i) the Prime Rate plus 23.99% or (ii) if lower, 
29.99%.  See your account-opening table for the current Penalty Pricing Rate of Interest Charge and corresponding Annual 
Percentage Rate. 

At the beginning of each billing cycle, we look at the payments made on your Account during the last six billing cycles.  If you 
make your Minimum Payments by the Payment Due Date for six consecutive billing cycles, your account will return to the 
Standard Pricing Rate.  The change will be effective with the first day of the next billing cycle of your Account. 

(b) Variable Rates of the Interest Charge: The periodic rate and Annual Percentage Rate for the Penalty Pricing Rate are 
variable rates based on the Prime Rate published in the "Money Rates" table in The Wall Street Journal. The Penalty Pricing 
Rate of the Interest Charge under this Agreement will increase if the Prime Rate increases. The effect of an increase in the 
Prime Rate will be an increase in the amount of the Interest Charge and the Minimum Payment due under this Agreement (if 
the Penalty Rate is in effect). We will calculate the variable Penalty Pricing Rate every billing cycle, based on the Prime Rate 
published in the "Money Rates" table in The Wall Street Journal on the 15th day of each month. If two or more Prime Rates 
are published on that day, the highest of those rates will be used to calculate the Penalty Pricing Rate under this Agreement. 
If the 15th day of the month is a day on which The Wall Street Journal was not published, the previous business day on which 
The Wall Street Journal was published will be used. If The Wall Street Journal ceases publication, or no longer publishes the 
Prime Rate, or changes the manner by which its Prime Rate is determined, we may select another comparable index of short-
term interest rates to be the "Prime Rate" under this Agreement. If the Penalty Pricing Rate applies to your Account, then the 
new Annual Percentage Rate, and the new corresponding periodic rate, will apply to your Account beginning on the first day 
of the billing cycle of your Account that has a closing date on or after the first day of the next calendar month after the date on 
which the new Annual Percentage Rate was calculated, and will continue to apply until a new Annual Percentage Rate and 
the corresponding monthly periodic rate is calculated and has become effective in the manner described in this paragraph.  
The new Annual Percentage Rate and the corresponding new monthly periodic rate may apply retroactively to the first day of 
the  billing  cycle,  and  transactions  that  occurred  during  the  billing  cycle  both  prior  to  and  after  the  date  the  new  Annual 
Percentage  Rate was calculated may  be subject to the  new  variable Annual Percentage Rate  and the corresponding new 
monthly periodic rate for the entire billing cycle. 

 
 
 
 
 
 
 
  
 
 
 
 
Calculating the Average Daily Balance: To get the "average daily balance" of your Account, we take the beginning balance 
of your Account each day, add any new Purchases, and subtract any Payments and Credits applied to that type of transaction 
under the payment allocation method then in effect. This gives us the daily balance. (Credit balances are treated as zero for 
purposes of calculating the daily balances.) Then, we add all of the daily balances for the billing cycle and divide the respective 
totals by the number of days in the billing cycle. This gives us the "average daily balance" for your Account.  We do not include 
the  following  in  your  daily  balance:  (1)  unpaid  Interest  Charges,  or  (2)  mail,  telephone,  or  electronic  merchandise  order 
installments (which are governed by the terms set forth with such mail, telephone, or electronic merchandise order).  We add 
all other fees and insurance charges to your daily balance on the day on which such fees or charges post to your Account 
and, if earlier, we add the accrued portion of such other fees and insurance charges to your balance on the day that your 
Account is closed. 

Calculating the Interest Charge:  We figure the Interest Charge on Purchases charged to your Account by multiplying the 
"average  daily  balance"  of  your  Account  by  the  applicable  monthly  periodic  rate.    If  the  Interest  Charge  calculated  in  this 
manner is more than zero but less than $2.00, a minimum monthly Interest Charge of $2.00 will be charged to your Account. 
We may, at our election, waive the Interest Charge on small account balances. 

Account  Fees  and  Charges;  Late  Payment  Fee.  The  following  fees  will  be  charged  to  your  Account  and  added  to  the 
Purchase balance in the billing cycle in which the charges are incurred:  

(a) if we do not receive payment in an amount at least equal to the Minimum Payment due shown on the Monthly Statement 
of your Account by the Payment Due Date shown on the Monthly Statement, and in accordance with our payment directions, 
and if the Minimum Payment due shown on the Monthly Statement is greater than $25, a Late Payment Fee applies according 
to the following:  

i)   if the Minimum Payment due is equal to or greater than $25, a Late Payment Fee of $25 will be charged to your 
Account (unless clause (ii) applies);  
ii)  if the Minimum Payment due is equal to or greater than $35 and you did not make your Minimum Payment due 
in any one of the previous 6 billing cycles, a Late Payment Fee of $35 will be charged to your Account.  

(b) if a check, draft, or other payment  authorization, including any electronic payment, you provide us as a payment on your 
Account  is  returned  for  insufficient  funds  or  for  any  other  reason,  a  Returned  Payment  Fee  may  apply  according  to  the 
following: 

i) if your most recent Minimum Payment due was equal to  or greater than $25, a  Returned Payment Fee of  $25 
may be charged to your Account.  

(c) if you request information or maintenance on your Account, additional fees may apply.  These fees include, but are not 
limited to, Statement Reprint Fees or Invoice Copy Fees (unless it is determined that a billing error occurred); Overnight Mailing 
Fees; or Additional Card Fees. The amount of these fees will be disclosed to you when you request the service.  We may elect 
to waive these fees at our sole discretion, and we will not charge an Invoice Copy Fee in connection with a bona fide billing 
dispute. 

Unless  prohibited  by  applicable  law,  we  may  charge  your  Account,  as  a  Purchase,  the  amount  of  any  costs  we  incur  in 
complying with state abandoned or unclaimed property laws with regard to your Account. 

Change of Terms. We may add, delete, or change the terms of this Agreement ("Change") at any time, including an increase 
in the Annual Percentage Rates or fees.  We will give you notice of a Change as required by law. To the extent permitted by 
law, a Change may apply to all amounts outstanding on your Account at the time the changes go into effect. 

Our Right to Require Immediate Payment. We may require immediate payment of all amounts you owe us without notice 
or demand if: 

(1) you fail to pay any amount owed under this Agreement exactly when due; or  
(2) you exceed your credit limit; or  
(3) you fail to abide by any other term of this Agreement; or  
(4) you default on any other credit obligation you have with us; or  
(5) your ability to pay us is materially impaired (including, without limitation, if you file or have filed against you as 
debtor a proceeding under any chapter of the Bankruptcy Code); or  
(6) you die or become legally incompetent.  

Collection Costs. If you are in default, unless prohibited by applicable law, you also must pay us or reimburse us for all costs 
and  disbursements,  including  reasonable  attorney’s  fees,  incurred  by  us  in  legal  proceedings  (including  bankruptcy 
proceedings) to collect or enforce the debt. 

Authorized Use of Your Card by Others. If you permit any person to have access to your Card or Account number with the 
authorization to make a charge, or if you request us to issue a Card on your Account to another person, you will be liable for 
all charges made by that person, including charges you may not have intended that person to make.  You will be liable until 
you both (1) request that we cancel the Card that we issued to that person, and (2) return that Card to us. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lost or Stolen Cards. If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should 
write to us immediately at PO Box 631, Amarillo, TX 79105-0631, or call us at 1-800-333-3560.  You will not be liable for any 
unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your 
notice to us. In any case, your liability will not exceed $50. You agree to give us your full cooperation in our efforts to recover 
stolen Cards and amounts due from unauthorized users and in prosecuting unauthorized users.  

Certain Limitations on Use of Your Card. Your Account is a consumer credit account. You must not use your Card primarily 
for business or commercial purposes. You must not use your Card for any unlawful purpose or in any illegal transaction. 

Assignment. You agree that we may at any time assign your Account, any sums due on your Account, this Agreement, or 
any of our rights or obligations under this Agreement to another person or entity without your consent or notice to you. The 
person or entity to whom we make any such assignment shall be entitled to all of our rights under this Agreement, to the extent 
assigned. You may not assign your rights under this Agreement. 

Change of Name or Mailing Address. You must notify us immediately of any change of your name or mailing address from 
that shown on your latest Monthly Statement. The back of your Monthly Statement contains a form you may use for address 
changes or you may call us at 1-800-333-3560. Name change requests must be submitted in writing to PO Box 631, Amarillo, 
TX 79105-0631. 

Call Recording and Monitoring.  You consent to and  authorize us, any of our affiliates, and our marketing associates to 
monitor  and/or  record  (unless  prohibited  by  law)  any  of  your  telephone  conversations  with  our  representatives  or  the 
representatives of any of such companies.   

Credit  Information.  You  agree  that  we  may  make  credit  inquiries  about  you,  and  may  furnish  information  relating  to  this 
Account in response to credit inquiries from others and to credit reporting agencies. We may report information about your 
Account  to  credit  bureaus.   Late  payments,  missed  payments, or  other  defaults  on  your  Account  may  be  reflected  in  your 
credit report and the credit report of your Additional User. If you believe that any information we may furnish to a consumer 
reporting agency about you or your Account is inaccurate, please write us at PO Box 631, Amarillo, TX 79105-0631. 

Information Gathering and Sharing. Where you have provided an email address, cell phone number, or placed a cell call to 
us, you consent and agree to accept collection and/ or marketing e-mails, calls or text messages from us (except to the extent 
you  have  opted  out,  as  described  in  our  Privacy  Statement).    For  any  telephone  or  cell  phone  calls  we  place  to  you,  you 
consent and agree that those calls may be automatically dialed and/or use recorded messages.  Please refer to the DSRM 
National Bank "Privacy Statement" for our policies on collecting, using, securing, and sharing nonpublic personal information. 
Additional copies of our "Privacy Statement" are available by calling us toll-free at 1-800-333-3560. 

Severability; No Waivers.  If any part of this Agreement is found to be invalid, the rest remains effective, except as specifically 
set forth in the Binding Arbitration Provision, below. Any failure or delay by us in exercising any of our rights or remedies under 
this Agreement or under applicable law does not mean that we will not be permitted to exercise those rights or remedies later. 
We may accept late payments or partial payments without losing any of our rights or remedies. 

Governing Law. This Agreement and your Account are governed by federal law and, to the extent that state law applies, by 
the laws of the State of New Mexico, without regard to its conflict of laws/principles.   

Additional Information.  For additional consumer information visit  www.helpwithmybank.gov or 
www.consumerfinance.gov/learnmore.  

BINDING ARBITRATION PROVISION—YOU SHOULD READ THIS SECTION CAREFULLY.  Any claim, dispute, or 
controversy (whether based on contract, tort, statute, or otherwise, and whether seeking monetary or any form of non-
monetary relief) arising from or relating to your Account, any prior account, or the relationship between you and us 
(collectively, "Claims"), upon the election of you or us, will be resolved by binding arbitration pursuant to this Arbitration 
Provision and the rules and procedures ("JAMS Rules") of JAMS (“JAMS") in effect when the Claim is filed. 

For  purposes  of  this  Arbitration  Provision,  the  terms  "we”,  "us”  and  "our"  mean  (1)  DSRM  National  Bank,  any  servicer  or 
subsequent holder of your Account or the amounts due under your Account, and all of their respective parents, subsidiaries, 
affiliates, predecessors, successors, assigns, agents, employees, officers, and directors, and (2) any store or establishment 
that honors your Card.  The term "Claims" is to be given its broadest possible meaning, and includes pre-existing, present, 
and future Claims, and Claims regarding the enforceability or scope of this Arbitration Provision.  A party who has asserted a 
claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other 
party.   

IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE IN COURT 
THE CLAIM BEING ARBITRATED, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE 
JAMS  RULES.    IN  ADDITION,  NEITHER  YOU  NOR  WE  WILL  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE  OR  MEMBER  IN  ANY  CLASS  ACTION,  REPRESENTATIVE  ACTION,  PRIVATE  ATTORNEY 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GENERAL ACTION, OR SIMILAR ACTION RELATING TO ANY CLAIM SUBJECT TO ARBITRATION.  YOU WILL NOT BE 
PERMITTED TO JOIN OR CONSOLIDATE YOUR CLAIMS WITH THOSE OF ANY OTHER PERSON (EXCEPT A JOINT 
APPLICANT  OR  CARDHOLDER  OF  THE  SAME  ACCOUNT).    THE  ARBITRATOR’S  DECISION  WILL  BE  FINAL  AND 
BINDING.    OTHER  RIGHTS  AVAILABLE  TO  YOU  IN  COURT  MAY  NOT  BE  AVAILABLE  IN  ARBITRATION.    YOU 
EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL CLAIMS BEING ARBITRATED. 

You can obtain the JAMS Rules and forms by calling JAMS at (949) 224-1810, by visiting JAMS’s website at www.jamsadr.com 
or by writing to JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614.  Any arbitration hearing, if one is held, will be held in 
the federal judicial district where you live.  At your written request, we will pay up to $1,000 toward the filing, administrative 
and/or hearing fees for any Claim you may file against us.  We will also consider your written request to pay any other fees for 
arbitration, and you may be able to seek a fee reduction or waiver from JAMS.  If the arbitrator issues an award in our favor, 
you will not be required to reimburse us for any of the fees we have previously paid to the administrator or for which we are 
responsible.  If the arbitrator issues an award in your favor, we will reimburse you for any of the fees you have previously paid 
to the administrator.  Each party will bear the expense of its respective attorneys’, experts’, and witness fees, regardless of 
which party prevails in the arbitration, unless applicable law gives you the right to recover any of those fees from us.  The 
arbitrator will not have the power to conduct any proceeding as a class action, representative action, private attorney general 
action, or similar action.  The arbitrator will have the power to decide only your and our Claims against each other, and will not 
have the power to join other parties or consolidate other Claims with the Claims between you and us; provided, however, that 
joint applicants or cardholders of the same Account may be joined in a single proceeding.  

This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal 
Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., as amended, notwithstanding any choice-of-law provision in the Agreement.  The 
arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor 
claims of privilege recognized at law.  At the request of either party prior to entry of an award, the arbitrator will provide a 
written explanation of the basis for the award.  Judgment upon any arbitration award may be entered and enforced, including 
without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having jurisdiction.  
The  arbitrator’s  decision  will  be  final  and  binding,  except  for  any  right  of  court review  provided  by  the  FAA  or  state  law,  if 
applicable. 

This Arbitration Provision will survive payment or transfer of the Account or the termination of this Agreement or the relationship 
between you and us, or the bankruptcy of either you or us.  If any portion of this Arbitration Provision is deemed invalid or 
unenforceable, it will not invalidate the remaining portions of this Arbitration Provision.  However, if the provision precluding 
the  arbitrator  from  having  the  power  to  conduct  any  proceeding  as  a  class  action,  representative  action,  private  attorney 
general action, or similar action is deemed invalid or unenforceable, then this entire Arbitration Provision shall be deemed 
unenforceable.  If a conflict or inconsistency arises between the JAMS Rules and this Arbitration Provision, this Arbitration 
Provision will control. 

YOUR BILLING RIGHTS. KEEP THIS NOTICE 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 PO Box 631, Amarillo, TX 79105-0631.  In your letter, give us 
the following information: 

• 
Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you 

believe it is a mistake. 

 You must contact us: 

•  Within 60 days after the error appeared on your statement. 
• 

At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount 
you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we  are not required to investigate any 
potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

(1)  Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have 

already corrected the error. 

(2)  Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is 

correct. 

While we investigate whether or not there has been an error: 

•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
• 

The charge in question may remain on your statement, and we may continue to charge you interest on that 
amount. 

 
 
 
 
 
 
 
 
 
•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

• 

• 

If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that 
amount. 
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest 
and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report 
you as delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still 
refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We 
must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us. 
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is 
correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 
 If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good 
faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. 
To use this right, all of the following must be true: 

(1)  The purchase must have been made in your home state or within 100 miles of your current mailing address, and the 
purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based 
on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 

(2)  You must have used your credit card for the purchase.  
(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 PO Box 631, Amarillo, 
TX 79105-0631. 
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. 

Notice to Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order 
applying to marital property will adversely affect DSRM National Bank interests unless prior to the time credit is granted, DSRM 
National Bank is furnished with a copy of the agreement, statement or court order, or DSRM National Bank has actual notice 
of the provision. Married Wisconsin residents must furnish the name and address of their spouse to DSRM National Bank at 
PO Box 631, Amarillo, TX 79105-0631.  

Notice to New Jersey residents: Because certain provisions of this Agreement are subject to applicable laws, they may be 
void,  unenforceable  or  inapplicable  in  some  jurisdictions.  All  of  these  provisions,  however,  are  valid,  enforceable,  and 
applicable in New Jersey.   

VTC 1/6 01-11 v3 

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