First Command Bank Visa Cardholder Agreement (Platinum/Classic)

The  person(s)  ("Cardholder,"  whether  one  or  more)  who  signed 
and  returned  the  Application  for  a  Visa  ("Application")  has  re-
quested  First  Command  Bank  ("Bank")  to  extend  to  Cardholder 
open-end credit. The term "Cardholder" means each person who 
signed  and  returned  the  Application  and  any  other  person  who 
has agreed to be responsible for the Account (defined below). As 
used in this Agreement, the term “person” means an individual or 
an  entity,  as  applicable.  By  Cardholder's  use  of  the  credit  card 
("Card"),  furnished  by  Bank  in  reliance  in  part  upon  the  infor-
mation  supplied  by  Cardholder  in  the  Application,  Cardholder 
agrees with Bank as follows:  
1.  Using  the  Account.  Cardholder  has  accepted  the  revolving 
tri-party  account  ("Account")  made  available  to  Cardholder  by 
Bank. Cardholder may use the Card to purchase or lease goods 
or services, or pay amounts that Cardholder owes, wherever the 
Card  is honored ("Credit Purchases"). Cardholder may also use 
the Card to obtain cash loans ("Cash Advances") from any finan-
cial institution that accepts the Card. Cardholder agrees that the 
Account  will  not  be  used  to  access  gambling  web  sites  or  to 
purchase illegal goods or services. Bank may refuse to process 
any transaction that Bank believes may violate this Agreement. If 
Cardholder provides the Account number to make a purchase or 
obtain  an  advance  without  presenting  the  Card  (such  as  for  a 
mail  order  or  telephone  purchase),  or  if  Cardholder  authorizes 
someone  else  to  make  a  charge  to  the  Account,  Cardholder's 
obligation to pay will be the same as if the Card itself was used. 
Cash  Advances  also  may  be  obtained  through  use  of  the  Card 
(a)  upon  execution  of  a  written  request  of  Cardholder  in  a  form 
furnished by any financial institution that is a member, alone or in 
association  with  others,  of  Visa,  Inc.  or  (b)  upon  Cardholder's 
execution  of  a  written  separate  agreement  with  Bank for a Visa 
overdraft  financial  agreement, if offered by Bank. All Credit Pur-
chases and Cash Advances are effected at the option of the retail 
merchant  ("Seller")  and/or  cash  advancing  financial  institution 
respectively, and Bank shall not be responsible for refusal by any 
Seller or cash advancing financial institution to honor the Card or 
any "Related Card," as defined in paragraph 2 below.  
2. Obligations on the Account. Cardholder (jointly or severally if 
more than one) promises to pay Bank at the address specified on 
the  periodic  statement  (see  paragraph  5  below)  for  all  Credit 
Purchases  and  Cash  Advances,  together  with  any  Finance 
Charge as herein provided, plus any other charges permitted by 
this Agreement, all such payments must be in lawful money of the 
United States of America. Cardholder will pay in their equivalent 
in  U.S.  dollars  all  charges  in  a  foreign  currency,  which  equiva-
lence  will  be  determined  by  reference  to  the  amount  in  U.S. 
dollars. Bank shall have paid in good faith to the person present-
ing the item to Bank. Cardholder shall be liable and agrees to pay 
Bank  for  Credit  Purchases  made  by,  or  for  Cash  Advances 
extended  to,  Cardholder  or  anyone  else  using  the  Card  unless 
the use of such Card is by a person other than the Cardholder (a) 
who does not have actual, implied, or apparent authority for such 
use and (b) from which Cardholder receives no benefit. Addition-
ally, Cardholder shall be jointly and severally liable, and agrees to 
pay,  for  all  Credit  Purchases  and  Cash  Advances  obtained 
through the use of any other Card bearing Cardholder's Account 
number  that  has  been  issued  to  another  person  by  reason  of 
such person being a member of Cardholder's family, or otherwise 
issued  upon  Cardholder's  request  (all  such  Cards  bearing  the 
same  Account  number  hereinafter  collectively  called  "Related 
Cards").  Subject  to  any  mandatory  provisions  of  applicable  law, 
all payments made by Cardholder will be applied to the balances 
on  Cardholder's  Account  in  the  manner  set  forth  later  in  this 
Agreement.  
3. Credit Limit. Bank will inform Cardholder from time to time of 
the  maximum  amount  of  debt  ("Credit  Limit")  that  may  be  out-
standing in the Account at any time, and Bank, in its sole discre-
tion  may  adjust  the  Credit  Limit  from  time  to  time.  Cardholder 
agrees  not  to  use  or  permit  the  use  of  the  Card in any manner 
that would cause the outstanding balance in the Account ever to 
exceed  the  Credit  Limit.  If  Cardholder  attempts  a  transaction 
which  results  in  Cardholder’s  total  outstanding  balance  (plus 
authorizations)  exceeding  Cardholder's  Credit  Limit,  Bank  may: 
(a)  permit  the  transaction  without  raising  Cardholder's  Credit 
Limit;  (b)  permit  the  transaction  and  treat  the  amount  of  the 
transaction that is more than the Credit Limit as immediately due; 
or  (c)  refuse  to permit the transaction. If Bank refuses to permit 
the transaction, Bank may advise the person who attempted the 
transaction  that  it  has  been  refused.  If  Bank  has  previously 
permitted Cardholder to exceed Cardholder's Credit Limit, it does 
not  mean  that  Bank  will  permit  Cardholder  to exceed Cardhold-
er's Credit Limit on a subsequent date. Bank may designate that 
only  a  portion  of  Cardholder's  Credit  Limit  is  available  for  Cash 
Advances.  If  Cardholder  exceeds  that  limit,  Cardholder  will  be 
considered  to  have  exceeded  the  Credit  Limit  for  all  purposes 
under this Agreement. 
4.  Notices.  Bank  will  send  periodic  statements  and  any  other 
notices to Cardholder at the address shown in Bank's files. If this 

is a joint Account, Bank can send periodic statements and notic-
es  to  either  Cardholder.  Cardholder  promises  to  inform  Bank 
promptly,  in  writing,  of  any  changes  in  Cardholder's  address. 
Cardholder authorizes Bank, or anyone acting on Bank's behalf, 
to  call  or  send  a  text  message  to  any  number  Cardholder  pro-
vides  or  to  any  number  where  Bank  may  reasonably  believe 
Bank can contact cardholder, including calls to mobile, cellular, or 
similar  devices,  and  calls  using  automatic  telephone  dialing 
systems  and/or  pre-recorded  messages,  or  to  send  an  email  to 
any address where Bank reasonably believes Bank can contact 
Cardholder.  Calls  and  messages  may  be  made  for  any  lawful 
purpose,  including but not limited to: suspected fraud or identity 
theft; obtaining information; Cardholder's account transactions or 
servicing;  collecting  on  Cardholder's  account;  and  providing 
Cardholder information about products and services. 
5.  Periodic  Statement.  As  of  the  end  of  each  monthly  billing 
cycle, Cardholder will be furnished a periodic statement showing, 
among other things, (a) the amount owed ("Previous Balance") at 
the  beginning  of  the  billing  cycle,  (b)  the  amount  of  all  Cash 
Advances,  Credit  Purchases  and Finance Charge posted to the 
Account  during  the  billing  cycle,  (c)  the  amount  of  all  payments 
and credits posted to the Account during the billing cycle, and (d) 
the  total  amount  due  ("New  Balance")  at  the  end  of  the  billing 
cycle  (which  amount  is  the  sum  of  [a]  and  [b]  less  [c]),  (e)  the 
"Minimum  Payment,"  and  (f)  the  "Payment  Due  Date."  If  Card-
holder is composed of more than one person, only one periodic 
statement will be provided.  
6. Minimum Payment. Cardholder agrees to pay to Bank, on or 
prior to the Payment Due Date shown on the periodic statement, 
the  sum  of  (a)  either  (i)  the  entire  New  Balance  or  (ii)  at  Card-
holder's option, an amount which shall be at least 2.50% of the 
New  Balance  (rounded  up  to  the  nearest  dollar)  or  $50.00, 
whichever  is  greater,  and  (b)  any  amount  that  is  past  due  and 
any  amount  that  is  over  the  Credit  Limit.  If  the  New  Balance  is 
less than $50.00, it shall be paid in full. Cardholder may pay more 
than  the  Minimum  Payment,  and  may  at  any  time  pay  the  full 
amount  owing  to  Bank.  If  Cardholder  pays  more  than  the  Mini-
mum Payment, Cardholder must still pay the Minimum Payment 
as  reflected  on  the  next  periodic  statement.  The  Payment  Due 
Date for a billing cycle will be not less than twenty-five (25) days 
after the preceding billing cycle ends (the "Closing Date"). 
7. Annual Fee. Bank does not charge an annual fee for the Card.  
8. Late Payment Fee. If Bank does not receive a payment from 
Cardholder in at least the amount of the Minimum Payment within 
30  days  after  the  Payment  Due  Date  shown  on  the  periodic 
statement,  Bank  may  charge  Cardholder  a  late  payment  fee  in 
the amount stated below in the Table of Charges. Cardholder will 
only  be  charged  a  late  payment  fee  for  any  Minimum  Payment 
which is not paid within 30 days after the Payment Due Date. 
9. Cash Advance Fee. Each time Cardholder uses the Card or a 
Convenience Check to obtain a Cash Advance, Bank will assess 
a cash advance fee in the amount stated in the Table of Charges. 
10.  When  Finance  Charge  Begins.  Bank  adds  a  Finance 
Charge to the Account for all Cash Advances from the later of (a) 
the  day  the  Cash  Advance  is  posted  to  the  Account,  or  (b)  the 
first day of the billing cycle in which the Cash Advance is posted 
until  Cardholder  pays  the  transaction(s)  in  full.  For  Credit  Pur-
chases, Bank adds a Finance Charge to the Account if the Card-
holder does not pay the New Balance in full by the Payment Due 
Date  shown  on  the  periodic  statement.  If  Bank  adds  a  Finance 
Charge,  Bank  begins  to  charge  the  Finance  Charge  on  all 
amounts Cardholder owes Bank (except "New Purchases") from 
the first day of the billing cycle; provided, however, any portion of 
the New Balance subject to a grace period that is paid prior to the 
expiration  of  the  grace  period  will  not  be  assessed  a  Finance 
Charge. For New Purchases, Bank begins to charge the Finance 
Charge  from  the  date  Bank  posts  the  New  Purchase  to  the 
Account unless Cardholder has paid the New Balance in full on 
the  previous  periodic  statement.  A  New  Purchase  is  one  that 
appears on the periodic statement for the first time.  
11.  Calculation  of  Finance  Charge.  Bank  calculates  the  Fi-
nance  Charge  on  the  Account  by  applying  the  "Periodic  Rate" 
(defined  below)  to  the  "Average  Daily  Balance"  of  the  Account. 
To obtain the Average Daily Balance, Bank starts with the begin-
ning  balance  of  the  Account  on  each  day,  excluding  unpaid 
Finance Charges. Bank adds any Cash Advances posted to the 
Account  that  day,  and  any  New  Purchases,  unless  Cardholder 
paid the New Balance in full for the previous billing cycle by the 
Payment  Due  Date.  Bank  subtracts  any  credits  and  payments 
(after  any  unpaid  Finance  Charges  are  paid)  posted  to  the  Ac-
count  that  day.  This  results  in  the  "Daily  Balance."  Then,  Bank 
adds  up  all  the  Daily  Balances  for  the  billing  cycle  and  divides 
that by the total number of days in the billing cycle. This results in 
the Average Daily Balance. The Finance Charge on the Account 
is  calculated  by  multiplying  the  Average  Daily  Balance  by  the 
Periodic Rate for Classic which is .008542 and the Periodic Rate 
for Platinum which is .005208. 

Table of Charges 

Interest Rate and Interest Charges 

Annual Percentage  
Rate (APR) 

Classic- 10.25% 
Platinum- 6.25% (Each 
APR will vary with the mar-
ket based on the Prime 
Rate)* 

Default APR and 
When It Applies 

Paying Interest 

Credit Card Tips 
from the Federal 
Reserve Board 

18% 

This APR may be applied 
to Cardholder's account 
when the full balance be-
comes due and payable 
and Cardholder has been 
notified of the APR in-
crease. 

Cardholder's Payment Due 
Date is at least 25 days 
after the close of each 
billing cycle. Bank will not 
charge any interest on 
purchases if Cardholder 
pays the entire balance by 
the Payment Due Date 
each month. Bank will 
begin charging interest on 
Cash Advances on the 
transaction date. 

To learn more about fac-
tors to consider when using 
a credit card, visit the web-
site of the Federal Reserve 
Board at 
http://www.federalreserv
e.gov/creditcard 

Fees 
Annual Fees 
Transaction Fees 

None 

• Balance Transfer 

None 
• Cash Advance  Either $2.00 or 2% of the 
amount of each Cash Ad-
vance, whichever is great-
er, but not more than 
$75.00 per Cash Advance 

Penalty Fees 

• Late Payment 

The lesser of $15.00, or 
5% of each Minimum Pay-
ment which is not made 
within 30 days after the 
applicable Payment Due 
Date 
• Over Credit Limit  None 
• Returned Payment  $20.00 
*Bank adds 7% to the Prime Rate to determine Classic variable 
APR  (Periodic  Rate  .008542  as  of  November  1,  2010).  Bank 
adds 3% to the Prime Rate to determine Platinum variable APR 
(Periodic Rate .005208 as of November 1, 2010). 

Account Opened with Dual Variable Rates (Platinum/Classic – Variable Rate) 635904.1 (11/01/10) 

 
 
 
HOW  BANK  WILL  CALCULATE CARDHOLDER’S BALANCE: 
Bank  uses  the  average  daily  balance  method  (including  new 
transactions).   See  “Calculation  of  Finance  Charge”  section  in 
this Agreement. 
BILLING RIGHTS: Information on Cardholder’s rights to dispute 
transactions and how to exercise those rights are included in this 
Agreement. See “Your Billing Rights” section in this Agreement. 
For Credit Purchases and Cash Advances, on Classic and Plati-
num  Account,  the  APR  varies  with  changes  to  the  Prime  Rate. 
The  “Prime  Rate”  is  the  highest  prime  rate  published  in  the 
Money  Rates  column  of  the  Wall Street Journal 30 days before 
the Closing Date on Cardholder’s periodic statement (the “Calcu-
lation Date”). On November 1, 2010, the Prime Rate was 3.25% 
therefore the APR was 10.25% for Classic Accounts and 6.25% 
for Platinum Accounts. The APR will go up and down depending 
on  the  Prime  Rate  as  of  each  Calculation  Date;  however,  the 
APR  is  subject  to  change  only  on  the  first  day  of  each  billing 
cycle. If the Prime Rate and the corresponding APR increase, the 
Finance  Charge  also  will  increase  and  Cardholder’s  Minimum 
Payment  may  also  increase.  The  Prime  Rate  is  only  a  pricing 
index and is not the lowest interest rate available.  
12. Other Payment  Terms. All payments received on or before 
(a)  5  o'clock  p.m.  (Fort  Worth,  Texas  time)  on  Bank's  business 
day at the address indicated on the periodic statement, or (b) the 
closing time of the applicable branch if payment is made in per-
son,  will  be  credited  to  the  Account  as  of  the  date  of  receipt  of 
payment. If payment is made at any other location, credit for the 
payment may be delayed up to 5 days. Bank can accept late or 
partial payments, as well as payments that are marked with "Paid 
In  Full"  or  any  other  similar  language  without  losing  or  waiving 
any  of  Bank’s  rights  or  Cardholder's  obligations  under  this 
Agreement.  Payment  by  check  constitutes Cardholder's authori-
zation for Bank to make a one-time electronic funds transfer from 
Cardholder's bank to make such payment. Bank is not responsi-
ble for any lost or stolen cash payments. Payments and credits to 
the Account will be applied in the following order: 

  Unpaid Finance Charge;   
  Late Fee; 
  Cash Advance from previous billing cycle; 
  Credit Purchases from previous billing cycle; 
  Cash Advances from current billing cycle; and 
  Credit Purchases from current billing cycle. 

If  two  APRs  apply  to  Cardholder’s  balance,  after  payment  of 
accrued  Finance  Charges  and  late  fees,  Bank  will  allocate  the 
rest of the payment to the balance which has the higher APR.  
13.  Convenience  Checks.  Bank  may  issue  "Convenience 
Checks" to Cardholder that may be used to access the Account. 
Use of a Convenience Check will be treated as a Cash Advance 
in the amount of the Check. Each Convenience Check will con-
tain Cardholder's Account Number, and may be used only by the 
person(s) whose name(s) is/are printed on it. Each Convenience 
Check  must  be  completed  and  signed  in  the  same  way  as  a 
regular personal check. If Bank provides Convenience Checks for 
the  Account,  Cardholder  may  not  use  them  to  pay  any  amount 
Cardholder  owes  under this Agreement. Cardholder agrees that 
Bank  need  not  return  Convenience  Checks  to  Cardholder  after 
their use, and that, if Cardholder needs evidence of any payment 
represented  by  the  Convenience  Check,  a  photocopy  or  similar 
reproduction will be satisfactory for such purposes. If Cardholder 
wishes to prevent payment of a Convenience Check, the instruc-
tions  which  Bank  provides  when  the  Convenience  Checks  are 
issued must be followed. In the event payment of a Convenience 
Check has been stopped, Cardholder agrees to hold Bank harm-
less  and  indemnify  Bank  for  any  losses,  expenses  and  costs, 
including  attorney's  fees  incurred  by  Bank,  for  preventing  pay-
ment of any Convenience Check. Bank will use its best efforts to 
stop payment, but will incur no liability to Cardholder if it is unable 
to stop payment on a Convenience Check.  
14. Transaction Limits. Bank may establish limits on the amount 
Cardholder  may  borrow  or  the  types  of  transactions  Bank  will 
permit, such as one or more of the following: 

  Cash Advance, Balance Transfer, or Purchase Limits which 
is the maximum balance for each type of transaction Card-
holder may have.  

  Daily  limits  which  are  limits  on  the  number  or  total  dollar 
amount  of certain transactions that Bank will authorize in a 
single day. 

  Location  limits  which  are  certain  geographic  or  merchant 
locations  where  Bank  may  not  permit  transactions  to  be 
made usually due to a higher risk of fraud or illegal activity. 
  Legal limits or limits on the use of an Account Bank deems 
necessary to comply with the law or prevent liability to Bank 
or anyone else. 

  Other  limits  which  Bank  may  establish  to  prevent  fraud  or 
losses on the Account or to protect Bank, its members, ven-
dors, affiliates, or other persons. 

Bank  will  advise  Cardholder  about  some  of  the  limits  such  as 
Cardholder’s credit limit; however, for security and other reasons 
Bank will not tell Cardholder about all the limits Bank sets. Card-
holder  agrees  not  to  exceed  the  limits  of  which  it  has  been  in-
formed  or  allow  the  Account  to  exceed  those  limits.  Bank  can 
increase, reduce, cancel, or suspend any of the limits or add new 
limits at any time.  

15.  Termination.  Bank  may  terminate  Cardholder's  privileges 
under  this  Agreement  or  limit  Cardholder's  right  to  make  Credit 
Purchases or receive Cash Advances at any time (and list Card-
holder's Account in warning bulletins in the event of such termina-
tion)  without  any  reason  or  without  advance  notice  or  resulting 
liability.  If  Bank  requests,  Cardholder  must  return  the  Card  and 
Convenience Checks to Bank. Cardholder agrees that Cardhold-
er  will  not  try  to  make  a  Credit  Purchase  or  obtain  a  Cash  Ad-
vance  after  Cardholder  has  been  notified  that  Cardholder's 
privilege  to  use  the  Account  has  been  terminated.  Cardholder 
may  terminate  this  Agreement  at  any  time.  If  Cardholder  does 
terminate, all Cards and Convenience Checks previously issued 
on  the  Account  must  be  returned  to  Bank.  If  Cardholder  tele-
phones Bank with the termination request, Bank may require that 
Cardholder confirm such intent to terminate in writing. Bank's or 
Cardholder's  termination  will  not  affect  Cardholder's  existing 
obligations  under  this  Agreement  or  Cardholder's  liability  for  all 
charges  posted  to  Cardholder's  Account  prior  to  the  time  all 
Cards and Convenience Checks are returned to Bank. When the 
Account is closed, Cardholder must contact everyone authorized 
to  charge  transactions  to  the  Account,  such  as  internet  service 
providers,  health  clubs  or insurance companies. These transac-
tions may continue to be charged to the Account until Cardholder 
changes  the  billing.  Also,  if  the  Bank  believes  Cardholder  has 
authorized  a  transaction  or  is  attempting  to  use  Cardholder’s 
Account  after  Cardholder  has  requested  to  close  the  Account, 
Bank may allow the transaction to be charged to the Account. If 
the Account is terminated by Cardholder or by Bank for reasons 
other  than  Cardholder's  default,  Cardholder  will  be  required  to 
pay  the  outstanding  balance  on  the  Account  according  to  the 
terms of this Agreement immediately prior to such termination. 
16. Default. If (a) Cardholder defaults in any payment required to 
be  made  on  the  Account  or  otherwise  violates  any  provision  of 
this  Agreement,  or  (b)  Cardholder  dies  or  seeks  to  obtain  any 
relief as a debtor in any proceeding under any bankruptcy, insol-
vency, or debtor relief law, or (c) Cardholder provides Bank with 
false  or  misleading  information  or  signatures  at  any  time,  or  (d) 
Cardholder fails to make any payment or perform any promise in 
any  other  agreement  or  obligation  that  Cardholder  owes  Bank, 
then  Cardholder  will  be  in  default  under  this  Agreement.  Bank, 
upon such default, may at its election (a) decline to extend further 
credit under this Agreement (and Cardholder agrees not to make 
further Credit Purchases or to obtain further Cash Advances) and 
(b) declare all amounts then owed to Bank by Cardholder imme-
diately  due  and  payable,  without  prior  notice  or  demand  of  any 
kind,  except  as  may  be  required  by  applicable  law.  After  Bank 
declares all amounts then owed to Bank by Cardholder to be due 
and payable, and terminates Cardholder’s credit privileges under 
the Account Bank, at its option (but only after providing to Card-
holder notice if such is required by applicable law), may increase 
the Annual Percentage Rate up to 18%, which is the Default Rate 
under the Table of Charges. 
17.  Collection  Charges.  If  Cardholder  defaults,  to  the  extent 
permitted  by  applicable  law,  Cardholder  agrees  to  pay  (a)  all 
amounts actually incurred by Bank as court costs and attorneys' 
fees  set  by  a court in connection with the collection of amounts 
due by Cardholder under the Account and (b) premiums or other 
identifiable  charges  received  in  connection  with  the  permitted 
sale of insurance. In addition, Bank may impose on Cardholder a 
processing  fee  of  $20.00  if  a  check  provided  to  Bank  by  Card-
holder  is  dishonored  for  any  reason.  The  dishonored  check 
processing fee may be added to the New Balance and is payable 
on the next following due date, however, such fee will not accrue 
any Finance Charge. 
18.  Governing  Law.  This  Agreement  is  performable  in  Texas 
and  is  made  pursuant  to  the  provisions  of  Chapter  346  of  the 
Texas  Finance  Code,  as  amended.  THE  VALIDITY,  CON-
STRUCTION,  AND  ENFORCEMENT  OF  THIS  AGREEMENT 
AND  ALL  MATTERS  ARISING  OUT  OF  THE  ISSUANCE  AND 
USE OF THE CARD SHALL BE GOVERNED BY THE LAWS OF 
THE  STATE  OF  TEXAS  AND, TO THE EXTENT APPLICABLE, 
THE LAWS OF THE UNITED STATES. 
19. Amendment. The terms of this Agreement including, but not 
limited  to,  the  rate  or  index,  formula  or  provision  of law used to 
compute  the  ANNUAL  PERCENTAGE  RATE  are  subject  to 
revision as to current and future balances, from time to time, by 
written notice from Bank to Cardholder as provided by applicable 
law.  
20. Telephone Conversations. Cardholder agrees that Bank, its 
agents,  or  service  companies  may  monitor  and/or  record  any 
telephone communications with Cardholder. 
21. Liability for Unauthorized Use. Cardholder may be liable for 
unauthorized use of the Account. If the Card is lost or stolen, or if 
Cardholder  believes  someone  is  using  the  Account  without 
proper  authority,  Cardholder  must  notify  Bank  immediately  by 
calling 1-800-325-3678. Cardholder will not be liable for unauthor-
ized use that occurs after Cardholder notifies Bank of the loss or 
theft  of  the  Card  or  Convenience  Check,  or  the  possible  unau-
thorized use of the Account. Bank may terminate or limit access 
to  the  Account  if  Cardholder  has  notified  Bank,  or  if  Bank  has 
determined that the Card or Convenience Check may have been 
lost  or  stolen,  or  that  there  may  be  unauthorized  access  to  the 
Account.  Cardholder  agrees  to  provide  Bank  with  complete 
cooperation in Bank's efforts to recover any stolen Card or Con-
venience Check and amounts due from unauthorized users, and 
in prosecuting unauthorized users.  

22.  Bank’s  Liability  for  Failing  to  Make  Transfers.  If  Bank 
does not complete a transaction to or from the Account on time or 
in the correct amount according to this Agreement, Bank may be 
liable  for  Cardholder's  losses  or  damages.  However,  there  are 
some  exceptions.  Bank  will  not  be  liable,  for  instance:  (a)  if, 
through  no  fault  of  Bank's,  the  available  credit  is  insufficient  for 
the  transaction  or  is  unavailable  for  withdrawal  (for  example, 
because  funds  have  not  been  finally  collected  or  are  subject  to 
legal  process);  (b)  if  a  computer  system,  ATM,  or  point  of  sale 
terminal  did  not  have  enough cash or was not working properly 
and Cardholder knew about the problem when Cardholder start-
ed the transaction; (c) if Cardholder attempts to use the Account 
or the Card which has not been properly activated; (d) if the Card 
has  been  reported  as  lost  or  stolen,  has  been  suspended  by 
Bank or Bank has reason to believe the transaction is not author-
ized by Cardholder, or if Cardholder is trying to defraud Bank; or 
(e) as otherwise provided in this Agreement. 
23. Assignment of Account. Cardholder agrees that Bank may 
at  any  time  assign  and  transfer  Cardholder's  Account,  this 
Agreement,  and  Bank's  rights  and obligations under this Agree-
ment, without Cardholder's consent or notice to Cardholder. The 
person to whom the Account and Agreement is assigned shall be 
entitled to all of Bank's rights under this Agreement. 
24.  Information  Sharing.  Cardholder  authorizes  Bank  to  share 
information  concerning  Cardholder  and  Cardholder’s  Account 
with  companies  related  to  Bank  by  common  ownership.  Card-
holder  authorizes  Bank  to  share  information  with  companies  in 
which  Bank  has  an  ownership  interest,  concerning  purchases 
made by Cardholder using Cardholder’s Account, for the purpose 
of  obtaining  special  merchandise  offers  or  discounts  for  Card-
holder.  Cardholder  does  not  authorize  Bank  to  disclose  Card-
holder’s  name,  address,  telephone  number  or  other  personal 
information to these companies. 
25. Credit Reporting Agencies. Bank may review Cardholder’s 
credit history by obtaining information from credit reporting agen-
cies  and  others.  Bank  may  report  information  about  Cardholder 
and  Cardholder’s  Account  to  credit  reporting  agencies.  If  Card-
holder  requests  additional  cards  on  Cardholder’s  Account  for 
others,  Bank  may  report  Account  information  in  Cardholder’s 
name as well as in the names of those other people. A negative 
credit report which may affect Cardholder’s credit record may be 
submitted to a credit reporting agency if Cardholder fails to keep 
Cardholder’s promises under this Agreement. If Cardholder thinks 
Bank has reported information to a credit reporting agency that is 
not  correct,  Cardholder  may  write  to  Bank  using  the  address 
listed  on  Cardholder’s  billing  statement  or  1  FirstComm  Plaza, 
Fort  Worth,  Texas  76109.  Please  include  Cardholder’s  name, 
address,  Account  number,  telephone  number,  Social  Security 
Number, and a brief description of the problem and, if available, a 
copy  of  the  credit  reporting  agency  report.  Bank  will  investigate 
the  matter.  If  Bank’s  investigation  shows  that  Cardholder  is 
correct,  Bank  will  contact  each  credit  reporting  agency to which 
Bank  reported  the  information  and  will  request  they  correct  the 
report. If Bank disagrees with Cardholder after Bank’s investiga-
tion, Bank will tell Cardholder in writing or by telephone.  
26.  Delay  of  Rights.  Bank  can  waive  or  delay  enforcement  of 
any of its rights under this Agreement without losing them. 
27. Separable Provisions. If any provision of this Agreement is 
held to be invalid or enforceable, the rest of this Agreement will 
not  be  affected.  Cardholder  will  not  be  held  liable  for  Finance 
Charges  or  other  fees  and  charges  greater  than  the  maximum 
allowed by law that applies. 
28.  Limitation  of  Responsibility.  Bank  will  not  be  responsible 
for  merchandise  or  services  purchased  by  Cardholder  with  the 
Card or Convenience Check unless required by law. Any refund, 
adjustment  or  credit  allowed  by  a  Seller  shall  not  be  cash,  but 
rather be by a credit advice to Bank which shall be shown as a 
credit on the periodic statement. Bank will not be responsible for 
the  refusal  of  any  person  to  honor  the  Card  or  Convenience 
Check or if Cardholder is not able to use the Card at an ATM. (a) 
Bank  will  not  be  responsible  for  merchandise  or  services  pur-
chased  by  Cardholder  with  the  Card  or  Convenience  Check 
unless required by law. Any refund, adjustment or credit allowed 
by a Seller shall not be cash, but rather be by a credit advice to 
Bank which shall be shown as a credit on the periodic statement. 
Bank will not be responsible for the refusal of any person to honor 
the  Card  or  Convenience  Check  or  if  Cardholder  is  not  able  to 
use the Card at an ATM[; and (b) BANK WILL NOT BE LIABLE 
TO  CARDHOLDER  FOR  DELAYS  OR  MISTAKES  RESULTING 
FROM  ANY  CIRCUMSTANCES  BEYOND  BANK'S  CONTROL, 
INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMEN-
TAL  AUTHORITIES,  NATIONAL  EMERGENCIES,  INSURREC-
TION,  WAR,  OR  RIOTS;  THE  FAILURE  OF  MERCHANTS  TO 
HONOR  THE  CARD;  THE  FAILURE  OF  MERCHANTS  TO 
PERFORM  OR  PROVIDE  SERVICES;  COMMUNICATION 
SYSTEMFAILURES;  OR  FAILURES  OR  MALFUNCTIONS 
ATTRIBUTABLE  TO  CARDHOLDER'S  EQUIPMENT,  ANY 
INTERNET  SERVICE,  OR  ANY  PAYMENT  SYSTEM.  IN  THE 
EVENT  THAT  BANK  IS  HELD  LIABLE  TO  CARDHOLDER, 
CARDHOLDER  WILL  ONLY  BE  ENTITLED  TO  RECOVER 
CARDHOLDER'S  ACTUAL  DAMAGES.  IN  NO  EVENT  SHALL 
CARDHOLDER  BE  ENTITLED  TO  RECOVER  ANY  INDIRECT, 
CONSEQUENTIAL,  EXEMPLARY  OR  SPECIAL  DAMAGES 
(WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF 
CARDHOLDER HAS ADVISED BANK OF THE POSSIBILITY OF 
SUCH  DAMAGES.  THIS  PROVISION  SHALL  NOT  BE  EFFEC-
TIVE TO THE EXTENT OTHERWISE PROHIBITED BY LAW. 

Account Opened with Dual Variable Rates (Platinum/Classic – Variable Rate) 635904.1 (11/01/10) 

 
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 cor-
rect. 
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 pur-
chase price must have been more than $50. (Note: Neither of 
these are necessary if your purchase was based on an adver-
tisement 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.  Pur-
chases  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  on  a  separate  sheet  at  the 
Cardmember Service address shown on your billing statement. 
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. 

29.  Transactions  Made  in  Foreign  Currencies.  If  Cardholder 
makes a transaction in a foreign currency, the transaction will be 
converted  by  Visa  into  a  U.S.  dollar  amount in accordance with 
the  operating  regulations  or  conversion  procedures  in  effect  at 
the time that the transaction is processed. Currently, those regu-
lations and procedures provide that the currency conversion rate 
to be used is either (a) a wholesale market rate or (b) a govern-
ment-mandated rate in effect one (1) day prior to the processing 
date, increased by one percent (1%) in each case. Visa retains 
this  one  percent  as  compensation  for  performing  the  currency 
conversion service. The currency conversion rate in effect on the 
processing date may differ from the rate in effect on the transac-
tion date or the posting date. 
30.  USA  Patriot  Act.  Bank  is  subject  to  the  requirement  of  the 
USA Patriot Act (Title III of Pub. L. 107 56 [signed into law Octo-
ber  26,  2001])  (the  “Act”)  and  hereby  notifies  Cardholder  that 
pursuant  to  the  requirements  of  the  Act,  it  is required to obtain, 
verify,  and  record  information  that  identifies  Cardholder  which 
information  includes  the  name  and  address  of  Cardholder  and 
other information that will allow such Bank to identify Cardholder 
in accordance with the Act. 
31.  Other  Agreements.  This  Agreement  supersedes  all  prior 
Agreements between Bank and Cardholder governing the use of 
the Card and the Account. 
STATE SPECIFIC INFORMATION 
California Residents: Cardholder (a) may use the Account up to 
its Credit Limit; (b) may be liable for amounts extended under the 
Account to any joint Cardholder. As required by law, Cardholder 
is hereby notified that a negative credit report reflecting on Card-
holder's  credit  record  may  be  submitted  to  a  credit  reporting 
agency if Cardholder fails to fulfill the terms of Cardholder's credit 
obligations.  
Ohio  Residents:  Ohio  anti-discrimination  laws  require  creditors 
to make credit equally available to all creditworthy customers and 
that  credit  reporting  agencies  maintain  separate  credit  histories 
on  individuals  upon  request.  The  Ohio  Civil  Rights  Commission 
administers these laws.  
New  York  and  Vermont  Residents:  Bank  may  obtain  at  any 
time Cardholder's credit reports for any legitimate purpose asso-
ciated  with  the  Account  or  the  application  or  request  for  an  Ac-
count, including but not limited to reviewing, modifying, renewing 
and collecting on Cardholder's Account. On Cardholder's request 
Cardholder  will  be  informed  if  such  a  report  was  ordered.  If  so, 
Cardholder will be given the name and address of the consumer 
reporting  agency  furnishing  the  report.  New  York residents may 
contact  the  New  York  State  Banking  Department  (1-800-518-
8866) for a comparative list of credit card rates, fees, and grace 
periods. 
Married  Wisconsin  Applicants:  No  provisions  of  any  marital 
property agreement, unilateral statement, or court order applying 
to  marital  property  will  adversely  affect  a  creditor's  interests 
unless prior to the time credit is granted, the creditor is furnished 
a copy of the agreement, statement or court order, or has actual 
knowledge of the provision. 

YOUR BILLING RIGHTS: Keep this Document for Future Use 
This Notice contains important information about your rights and 
our responsibilities under the Fair Credit Billing Act. For purposes 
of  this  Notice,  "we"  and  "us"  mean  Bank,  and  "you"  and  "your" 
mean Cardholder.  
WHAT  TO  DO  IF  YOU  FIND  A  MISTAKE  ON  YOUR  STATE-
MENT 
If you think there is an error on your statement, write to us on a 
separate  sheet  at  the  Cardmember  Service  address  shown  on 
your billing statement. 
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 er-
ror: 

  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 lim-

it. 

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 re-
port you as delinquent if you do not pay the amount we 
think you owe. 

Account Opened with Dual Variable Rates (Platinum/Classic – Variable Rate) 635904.1 (11/01/10)