OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 1  OPENSKY� VISA� GOLD 
CREDIT CARD AGREEMENT  
 
INTEREST RATES AND INTEREST CHARGES  
Annual Percentage Rate (APR) for 
Purchases  23.90%  
This is a fixed rate APR.  
APR for Cash Advances  23.90%  
This is a fixed rate APR.  
How to Avoid Paying Interest on 
Purchases  Your due date is at least 25 days after the close of each billing cycle. We 
will not charge you interest on new purchases, provided you have paid 
your previous balance in full by the due date each month. We will begin 
charging interes t on cash advances on the transaction date.  
Minimum Interest Charge  If you are charged interest, the charge will be no less than $1.00.  
For Credit Card Tips from the 
Consumer Financial Protection 
Bureau  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 
https ://www. Consumerfinance.gov/learnmore . 
FEES  
Annual Fee  $59 annually . 
Transaction Fees  
� Cash  Advance  
 
� Foreign  Transaction   
 
Either $10 or 3% of the amount of each cash advance, whichever is 
greater.  
3% of each Transaction in U.S. dollars.  
Penalty Fees 
Late Payment 
Returned Payment   
 
Up to $39 
Up to $39  
 
How We Will Calculate Your Balance: We use a method called �average daily balance (including new 
Transactions).� Please see Section 6 (c) of this Agreement for further details.  
 
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the 
section titled � Your Billing Rights � at the end of this Agreement.  
 
Military Lending Protections : Federal law provides important protections to members of the Armed Forces and 
their dependents related to extensio n of consumer credit. In general, the cost of consumer credit to a member of 
the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate 
must include, as applicable to the credit transaction or account; the c osts 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 participati on fee charged 
(other than certain participation fees for a credit card account). To receive this information and a description of your 
payment obligation verbally, please call us toll free at 855 -763-6736.  
 
The information described here about the costs o f the OpenSky Visa Gold Credit Card issued by Capital Bank, NA 
is accurate as of 10/01/2021 . This information may have changed after that date.   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 2  SECTION 18 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE 
ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. 
FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO 
ARBITRATION.  
 
This Agreement governs the credit card account (�Account�) and related credit card (�Card�) provided by Capital 
Bank,  a nationally  chartered,  FDIC -insured  Bank  with its credit card division OpenSky headquartered  in Virginia (the 
�Bank�).  In this Agreement,  the words  �we,�  �us,� and �our�  mean  the Bank,  its successors  and assigns,  and, for 
purposes  of the Arbitration  Provision (Section  18) the other  persons  identified  in the Arbitration  Provision.  The words  
�you,�  �your�,  �yours�  and �Cardholder� mean everyone responsible for this Account, including the person who applied 
for, received and accepted this Account and the person to whom we provide the Account Statements after each 
monthly billing cycle. You agree, jointly  and severally,  if more  than one person  is contractually  liable  for the Account,  
to comply  with, and be bound  by, this  entire  Agreement.  You should  retain  and carefully  review  this entire Agreement,  
and sign your Card  before  using it. Intending to be legally bound, you and we agree as  follows:  
 
1. Accepting  this Agreement . You accept  and agree  to the terms  and conditions  of this Agreement  when  you first use 
the Account or the  Card.  
2. Purchases and Cash Advances . You may use your Account to purchase or lease goods or services (each, a 
�Purchase�)  by presenting  your Card  or providing  your Card  number  and additional  information  (for example,  in online 
or telephone  transactions)  to participating  merchants  and establishments  that honor  the Card.  You may also receive 
�Cash  Advances�  on your Account:  (a) to obtain  cash  or cash -like equivalents  (for example,  money  orders,  traveler�s 
checks, stamps or other instruments convertible into cash) from any bank or other person that accepts the Card for 
such purpose; (b) to make a withdrawal of cash from an automated teller machine (�ATM�); and/or (c) to make a 
person -to-person transfer conducted through the Interne t or otherwise.  
Purchases  and Cash  Advances  are collectively  referred  to as �Transactions.�  We will not be liable  to you (or anyone 
else)  if any ATM,  merchant  or other  person  cannot  or will not process  a Transaction  permitted  under  this Agreement. 
Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any 
Transaction, even if you have sufficient Available Credit (defined in 5 (e) below) to complete the Transaction, and 
may terminate  or suspend  your use of the Card  or the Account,  with or without  notice  to you before  or at the time we 
take such  action.  
3. Use of the Account and the Card. You agree to use your Account and your Card only for personal, family or 
household purposes. You agree that you will not use your Account for any unlawful purpose or to engage in or 
facilitate  Internet  gambling.  Your  breach  of this Agreement  will not affect  or limit your liability  to us with respect  to any 
Transactions or Balance  Type.  
4. Authorized User(s) . If you allow any other person to use your Account or your Card, that person will be an 
�Authorized User.� You are responsible for all use of your Account, including Transactions by an Authorized User. If 
you allow an Authorized User to use your Account, suc h authorization will be deemed to extend to all Transactions 
by such Authorized User, even if not intended by you, and will continue until you have taken all steps necessary to 
prevent any further use of your Account by such Authorized User, even if you ha ve advised us that such Authorized 
User  is no longer  authorized  to use the Account.  It is your responsibility  to get any cards,  checks  or any other  means 
of access to your Account from the Authorized User and destroy them or return them to us upon  request.  
5. Credit Limit; Transaction Limits; Available  Credit . 
(a) Your initial Credit Limit is disclosed on the card carrier used to deliver the Card to you. Your initial Credit 
Limit is based on your creditworthiness and assigned as part of the OpenSky graduat ion program.  However, we 
will charge your $59.00 Annual Fee to your Account, which will reduce your Available Credit by that amount. (See  5 
(b) below.)  
(b) Available Credit is the amount by which your Credit Limit exceeds the sum of: (i) your outstanding Account 
balance (including principal, Fees and Interest Charges); (ii) the dollar amount of all Pending Transactions; and (iii) 
funds you have sent us that under Section 10 (e) have not yet been credited for purposes of determining your 
�Availa ble Credit.� We are not required to approve any Transaction if the amount of the Transaction exceeds your 
Available  Credit.  However,  we may authorize  and pay any such  Transaction  in our absolute  discretion.  Whenever  the 
outstanding balance of the Account exceeds your Credit Limit, you agree to pay us the difference on  demand.  
(c) (i) Subject  to applicable  law, we may from time to time and in our sole discretion  increase  your Credit  Limit  to 
any level of our choice.  We may also decrease  your Credit  Limit  in our sole discretion,  as low as $0. Additionally,  we 
may at any time and for any reason permitted by law close your Account  even if you are not in default , or limit the 
number or amount of Transactions that can be charged to your Account bas ed on an evaluation of various factors. 
We will give you notice of any changes as required by law .  OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 3  (ii) If we close  your Account  without  cause  or if we take any action  described  in Section  5 (c)(i) without  cause 
and you give us written  notice  within  thirty  (30) days  that you are closing  your Account,  we will disregard  any reduction 
in your Credit  Limit  for purposes  of determining  your Annual  Percentage  Rate  (�APR�).  Also,  if we reduce  your Credit 
Limit  without  cause,  we will not demand  immediate  payment  of any excess  of the Account  Balance  over the reduced 
Credit Limit until such time as the reduced Credit Limit first equals or exceeds the outstanding Account  Balance.  
6. Interest  Charges . 
(a) General . Each Billing Cycle, we separately determine the Interest Charges on Purchases and the Interest 
Charges  on Cash  Advances.  Both for Purchases  and Cash  Advances  (each,  a �Balance  Type�),  we determine  Interest 
Charges each Billing Cycle by multiplying the Balance Subject to Interest  Charges (see 6 (c) below) by the daily 
Periodic Rate and by then multiplying the result by the number of days in the Billing Cycle. For each Balance Type, 
the Balance Subject to Interest Charges is the Average Daily Balance (including new Transactions), a s calculated 
pursuant to Section 6 (c) below. To get the total Interest Charges each Billing Cycle, we add together the Interest 
Charges for Purchases and the Interest Charges for Cash  Advances.  
(b) Interest  Rates . 
(i) For each Balance Type, the Daily Periodic  Rate and APR will be determined based on a fixed APR of 
23.90%. The Daily Periodic Rate will be 1/365th of the APR rounded to the nearest 1/100,000th of 1%. The Daily 
Periodic Rate in effect at any time is disclosed on the monthly statement under �Interes t Charge Calculation�. The 
Daily  Periodic  Rate  for your Purchase  and Cash  APR is currently  0.06548%  (23.90%  divided  by 365, rounded  to the 
nearest 1/100,000th of 1%) .Notwithstanding the foregoing, the Daily Periodic Rate and APR will never exceed the 
maximum rates permitted by applicable  law. 
(c) Balances Subject to Interest  Charges.  
(i) For each Balance Type, the Balance Subject to Interest Charges is the Average Daily Balance for such 
Balance  Type.  The Average  Daily  Balance  for a Billing  Cycle  equals  the sum of the daily Purchases  or Cash  Advances 
balances, as applicable, for each day of the Billing Cycle, divided by the number of days in the Billing  Cycle.  
(ii) The Purchases balance for each day in the Billing Cycle is computed as  follows:  
(A) For each  day (including  the first day of the Billing  Cycle),  we start with the prior day�s  closing  balance 
of Purchases, if  any. 
(B) For the first day of the Billing cycle, we add any unpaid Interest Charges on Purchases that accrued 
during the prior Billing Cycle. (This r esults in the monthly compounding of Interest  Charges.)  
(C) For each day in the Billing Cycle (including the first day of the Billing Cycle), we add any new 
Purchases posted to your Account and subtract any payments or credits applied to Purchases. However, we do not 
subtract a second time any payments or credits that have already been subtracted in step (B)  above.  
(D) We treat any negative daily balance as  $0. 
(iii) To get the daily balance of Cash Advances each day: (i) we take the previous day�s balance of Cash 
Advances (if any); (ii) we add any new Cash Advances; and (iii) we subtract any new payments or credits applied to 
Cash  Advances.  For the first day of each  Billing  Cycle,  we also add any unpaid  Interest  Charges  on Cash  Advances 
that accrued during the  prior Billing Cycle. (This results in the monthly compounding of Interest Charges.) If a Cash 
Advance  obtained  in a Billing  Cycle  is not posted  in that Billing  Cycle,  we add the Cash  Advance  to the daily balance 
on the first day of the next Billing Cycle instead    of the day it was obtained. We treat any negative daily balance as  
$0. 
(d) Interest Accrual Periods . We charge Interest Charges over the following  periods:  
(i) On each Cash Advance, we charge Interest Charges from the later of the Cash Advance transaction or 
the first day of the Billing Cycle in which it is posted to your Account until it is repaid in  full. 
(ii) On each Purchase, we charge Interest Charges from the day the Purchase is posted to the Account 
through the Interest End  Date.  
(e) Classification of Fees as Purchases or Cash Advances . For purposes of computing Interest Charges, Cash 
Advance Fees are treated as Cash Advances and all other Fees are treated as  Purchases.  
(f) Avoid Interest Charges on P urchases . We will not charge you Interest on Purchases if you pay the entire 
New Balance by the payment due date each billing  cycle.  
7. Fees . Subject to applicable law, including the federal Truth in Lending Act and Regulation Z, you paid or agree to 
pay the following  Fees:   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 4  (a) Set-Up and Maintenance Fees . You paid or agree to pay the following Set -Up and Maintenance  Fees:  
(i) When we open your Account and each year following the anniversary date of your Account opening, we 
will charge you an Annual Fee of  $59.00.  
(ii) If you requested  us to expedite  shipping  of your Card,  you also paid a one-time,  non-refundable  Expedited 
Card Fee of  $50.00.  
(b) Transaction Fees; Currency  Conversion.  
(i) Each  time you obtain  a Cash  Advance,  we will charge  a Cash  Advance  Fee equal  to the greater  of $10 or 
3% of the dollar amount of the Cash  Advance.  
(ii) If you make  a Purchase  or obtain  a Cash  Advance  in a foreign  currency,  the Transaction  will be converted 
into a U.S. dollar amount in accordance with operating regulations or conversion procedures of Visa International 
(�Visa�) in effect at the time the Transaction is processed. Currently, Visa regulations and procedures provide that 
the currency  conversion  rate will be either  a wholesale  market  rate or a governm ent-mandated  rate in effect  one day 
prior to the processing  date.  We charge  a Foreign  Currency  Transaction  Fee equal  to three  percent  (3%)  of the gross 
amount  of the Transaction  in U.S. Currency.  The foreign  merchant  or financial  institution  may charge  a separate  fee. 
(c) Penalty  Fees . 
(i) If we do not receive a payment from you in at least the amount of your Minimum Payment Due within  one 
(1) day after the Payment Due Date shown on your monthly statement, you will be charged a Late Payment Fee up 
to $28 for the first Late Payment and up to $39 for a subsequent Late Payment within the following six (6) months.  
(ii) Each  time a check,  instrument,  autopayment,  ACH  payment  or other  payment  on your Account  is returned 
to us unpaid for any reason or we must return any check or instrument you send us because it is not signed or is 
otherwise incomplete, we will charge you a Returned Payment Fee of up to $28 for the first Returned Payment and 
up to $39 for a subseq uent Returned Payment within the following six (6)  months.  
(d) Additional  Fees . 
(i) We will charge  an Expedited  Pay By Phone  Fee of $10.00  each  time you arrange  for an expedited  payment 
by calling us and obtaining the assistance of a live representative or agent of ours. Your payment will be credited to 
your Account  the same  day, if received  on or before  5:00 p.m. Eastern Time  on a business  day and otherwise  on the 
next business  day. 
(ii) We will charge you a Document Retrieval Fee of $5.00 each  time you request and we provide you with  a 
copy  of any monthly  Account  Statement  (�Account  Statement�),  sales  draft or payment  instrument  previously  provided 
you, unless the request is made in connection with a written notice of a billing  error.  
(iii) We will charge you a Paper Statement Fee of $3.00 to deliver your Account Statements to you in paper 
through the U.S. Postal Service rather than accessing them online , which is free . For more details about delivery of 
your Account Statements, please refer to Section 9  below.  
(iv) We may charge additional fees for separate services we provide you in accordance with applicable  law. 
 
 
8. Limits on Interest Charges and  Fees . 
(a) Notwithstanding any language in this Agreement to the contrary, we will limit the total amount of any 
Transaction  Fees  (listed  on the first page)  that we impose  during  the first year after the Account  is opened  to twenty - 
five percent (25%) of your initial Credit Limit (or any lower Credit Limit that may apply during the first year after the 
Account  is opened).  If a charge  is imposed  that would  otherwise  exceed  this limit, then,  in accordance  with applicable 
law, we will make  the necessary  corrections  within  a reasonable  amount  of time but no later than the end of the Billing 
Cycle following the Billing Cycle during which the Interest Charges or Fees limit was  exceeded.  
(b) It is not the intention  of the parties  that anything  in this Agreement  should  result  in the assessment  of Interest 
Charges or Fees in excess of those permitted by applicable law. If any Interest Charge or Fee assessed under this 
Agreement  is finally  determined  to be in excess  of that permitted  by applicable  law, the excess  amount  will be applied 
to reduce the outstanding balance in your Account or, if t here is no outstanding balance, will be refunded to  you. 
9. Account Statements . We will send you an Account Statement shortly after the end of each monthly Billing Cycle  if 
your Account has a debit or credit balance in excess of $1.00 at the end of the Billing Cycle or any Interest Charge 
or Fee has been  imposed  during  the Billing  Cycle.  However,  we are not obligated  to send  you an  Account  Statement 
if we deem  your Account  to be uncollectible  or applicable  law does  not require  us to send  you an Account  Statement 
for other  reasons.  Your  Account  Statements  will show  Transactions;  payments,  credits  and adjustments;  Interest   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 5  Charges  and Fees;  the Previous  Balance  and New Balance  on your Account;  your Credit  Limit  and 
Available  Credit; and  the Minimum  Payment  Due and Payment  Due Date.   
We will  deliver  your Account  Statements  to you in paper  through  the U.S. Postal  Service, unless you 
elect to opt-out of paper delivery.  You may opt -out of paper delivery by logging into MyAccount, our secure 
online Cardholder Center. We will  charge you a $3.00 Paper Statement Fee for each Account Statement 
we deliver to you in  paper. Your Account Statements are posted online and can be acc essed, at no 
cost to you, at MyAccount.  
 
10. Payments . 
(a) Each month, you must pay at least the Minimum Payment Due shown on your Account Statement by the 
�Cut-Off Time� on the Payment Due Date shown on your Account Statement, which will be at least twenty -five (25) 
days after the date of the Account Statement, typically on the same day of each calendar month. However, if the 
Payment  Due Date  falls on a day we do not receive  mail (�non -business  day�),  we will not treat your payment  as late 
for any purpose  if we receive  it by the Cut-Off Time  on the next day we receive  mail (a �business  day�).  The �Cut-Off 
Time� is 5:00 p.m. local time at the payment address specified on the Account Statement (or closing time of any of 
our offices at which you make payment in  person). 
(b) If the total outstanding balance under your Account at the end of a Billing Cycle, as shown on your Account 
Statement  (the �New  Balance�),  is less than $25.00,  the Minimum  Payment  Due equals  the New Balance.  Otherwise, 
the Minimum Payment Due equals the sum of: (i) any amount past due; plus (ii) any amount by which the New 
Balance exceeds your Credit Limit; and (iii) the greatest of: (A) the sum of the Interest Charges and Fees reflected 
on your Account Statement; (B) two percent (2%) of the Ne w Balance; or (C)  $25.00.  
(c) You agree  to make  all payments  by check  ACH,  or other  negotiable  instrument  drawn  on a financial  institution 
located in the U.S. or by money order. Payments must be made in U.S. dollars. All payments, except disputed 
payments, must be mailed or delivered to us at the payment address shown on the front of your Account Statement 
(the �Payment Address�). Any payments received after the Cut -Off Time on a business day will be credited on the 
next business day. However, cred it to your Account may be delayed for up to five (5) days if we accept a payment 
that is: (i) not received by mail or messenger service at the Payment Address or in -person at one of our  branches;  
(ii) not made in U.S. dollars by a check or other negotiable  instrument drawn on a financial institution located in  the  
U.S. or by money  order;  or (iii) not accompanied  by the top portion  of your Account  Statement.  Delayed  crediting  may 
cause you to incur additional Fees and Interest Charges, subject to applicable  law. You may not use a Statement 
Check to pay any amount you owe under this Agreement or any other amount you owe us. None of the 
following will constitute a payment made by you: (i) a credit posting from a merchant; or (ii) a reversal of 
Interest Charges  or Fees by us  . 
(d) Subject  to applicable  law, we may apply  payments  and other  credits  to your Account  in any manner  we choose 
in our sole discretion. For payments up to the Minimum Payment Due, we typically apply payments based on the 
APR of different balances, first to the lowest APR, next to the next -lowest APR and so on. For payments in excess 
of the Minimum Payment Due, we apply payments in the reverse order, first to balances with the highest  APR.  
(e) All credits for payments to your Card are subject to final payment by the institution on which the item of 
payment was drawn. Your Available Credit may not be restored for up to twenty (20) days after we receive your 
payment.  
11. Prepayment . At any time, you may pay all or any part of your outstan ding Account balance. Payment of more 
than the Minimum Payment Due in one Billing Cycle will not relieve you of the obligation to pay the entire Minimum 
Payment Due in subsequent Billing  Cycles.  
12. Termination . Subject  to applicable  law, we may terminate  your right to credit  under  the Account  at any time in our 
absolute discretion. You may also terminate your right to credit under the Account by calling Customer Service or 
writing  to the OpenSky  Card  Services,  P.O. Box 9224,  Old Bethpage,  NY 11804 -9224.  Any request  to terminate  your 
credit privileges will be effective only after we have had a reasonable opportunity to act on such request. Except as 
provided above, termination of credit privileges, whether initiated by us or by you, will not af fect any of your or our 
rights and obligations under this Agreement, including without limitation, your obligation to repay any amounts you 
owe us according  to the terms  of this Agreement.  On our demand  or upon  termination  of credit  privileges,  you agree 
to surrender to us or destroy the Card. You agree that, if you attempt to use the Card after the termination of credit 
privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, 
ATM or financial i nstitution where you attempt to use the  Card.  
13. Default . Subject to applicable law, we may declare you to be in default under this Agreement if any one or more 
of the following events  occurs:   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 6  (a) you fail to pay any Minimum Payment Due on or before your Payment Due Date;  
(b) you exceed your Credit  Limit;  
(c) you use a check, ACH or instrument for payment which is  dishonored;  
(d) you die or are declared legally  incompetent;  
(e) any other creditor tries by legal process to take money of  yours;  
(f) a petition is filed or other proceedi ng is commenced by or against you under the Federal Bankruptcy Code or 
any other applicable federal or state insolvency  laws;  
(g) you become generally unable to pay your  debts;  
(h) you provide us with any false or misleading  information;  
(i) you breach any of your other obligations under this Agreement;  or 
(j) you are in default of any other credit agreement you have with us or any of our  affiliates.  
14. Remedies . In the event of any default under this Agreement, we may, subject to applicable law (including any 
applicable n otice  requirement):  
(a) without waiving any rights under subsection (b), allow you to repay your Account balance by paying the 
Minimum Payment Due each Billing  Cycle;  
(b) declare all or any portion of your outstanding Account balance to be immediately due and  paya ble, 
(c) immediately terminate or suspend your Account privileges and/or cancel your  Card;  
(d) reduce your Credit Limit or otherwise limit your ability to make Transactions;  and/or  
(e) commence an action against you to collect all amounts owed in connection with this  Agreement.  
We also may charge  you court  costs  and reasonable  attorneys�  fees that we actually  incur,  as permitted  by applicable 
law, if your Account  is sent for collection  to an attorney  who is not our salaried  employee.  We will not be obligated  to 
honor any attempted Transaction if your Card is in default or we have determined to terminate or suspend your 
Account privileges or limit your ability to make Transactions. Interest Charges will continue to accrue until your total 
Account balance, includin g accrued Interest Charges, is paid in full. You understand and agree that, subject to 
applicable law, if you are in default under this Agreement, we may make collection calls to your home or cell phone 
and may use an automatic  dialer  and/or  prerecorded  messages  with respect  to such  calls,  even  if the message  is left 
on an answering machine. You agree such calls will not be considered �unsolicited� calls or telemarketing calls for 
purposes of state or federal  law. You agree that we may monitor  or record any conversation or other communication 
with you.  
15. Delay in Enforcement . We may at any time and in our sole discretion delay or waive enforcing any of our rights 
or remedies  under  this Agreement  or under  applicable  law without  losing  any of those or any other  rights  or remedies. 
Even  if we do not enforce  our rights  or remedies  at any one time,  we may enforce  them  at a later date.  For example, 
we may accept late payments or payments that are marked �payment in full� or with other restrictive endorsements 
without losing any of our rights under this  Agreement.  
16. Notice  and Cure . Prior  to initiating  a lawsuit  or arbitration  regarding  a legal  dispute  or claim  relating  in any way to 
this Agreement or the Account (as more fully defined in Section 18 (b)(iii), a �Claim�), the party asserting the Claim 
(the �Claimant�)  shall give the other  party  (the �Defending  Party�)  written  notice  of the Claim  (a �Claim  Notice�)  and a 
reasonable opportunity, not less than thirty (30) days, to re solve the Claim on an individual basis. Any Claim Notice 
to you shall be sent in writing by mail to the address for you maintained in our records. Any Claim Notice to us shall 
be sent by mail to OpenSky  Card  Services,  P.O. Box 9224,  Old Bethpage,  NY 11804 -9224,  attention  Legal  Claim  (or 
such  other  address  as we subsequently  provide  you).  Any Claim  Notice  you send  must  provide  your Account  Number 
and telephone number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded . The 
Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party 
reasonably  requests.  
17. Waiver of Right to Trial by Jury . YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A 
CONSTITUTIONAL RIGHT BUT MAY B E WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT 
PERMITTED BY LAW . YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY 
JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY 
TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE 
ARBITRATION PROVISION S ET FORTH IN SECTION 18, IF APPLICABLE, WHICH CONTAINS ITS OWN 
SEPARATE JURY TRIAL  WAIVER.  
(a) Arbitration  Provision . Unless  you have  exercised  your  right  to reject  arbitration  under  subsection  (m)  OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 7  below, the following Arbitration Provision will  apply:  
(b) General:  Either you or we may elect to arbitrate - and require the other party to arbitrate - any Claim (as defined 
below) under the following terms and conditions. If you or we elect to arbitrate a Claim, neither you nor we will  have  
the right to: (i) have  a court  or a jury decide  the Claim;  (ii) participate  in a class  action  in court  or in arbitration, either as 
a class representative or a class member; (iii) act as a private attorney general in court or in arbitration;  or 
(iv) join or consolidate  your Claim( s) with claims  of any other  person.  The right to appeal  and the right to pre-arbitration 
discovery are more limited in arbitration than in court. Other rights that you would have if you went to court may  also 
not be available in  arbitration.  
(c) Definitions:  The following  definitions  apply  to this Arbitration  Provision,  even  if terms  defined  in this Arbitration 
Provision are defined differently elsewhere in this  Agreement:  
(i) �We,� �us� and �our� mean the Bank, together with any subsequent holder of this Agreement. Also, 
these terms include the parents, subsidiaries, affiliates and successors of such companies, as well as the officers, 
directors,  agents  and employees  of any of the foregoing.  These  terms  also include  any party  named  as a co-defendant 
with us in a Claim  asserted  by you, such  as marketing  companies,  credit  bureaus,  credit  insurance  companies,  credit 
card servicers and debt collectors. �You,� �your� and �yours� include each and every person who uses a  Card.  
(ii) �Administrator� means the American Arbitration Association (�AAA�), 1633 Broadway, 10th Floor, 
New York, NY 10019, www.adr.org,  800-778-7879; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, 
www.jamsadr.com,  800-352-5267; or any other company selected by mutual agreement of the parties. If both AAA 
and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the 
Administrat or will be selected by a court. You get to select the Administrator if you give us written notice of your 
selection with your notice that you are electing to arbitrate any Claim or within twenty (20) days after we give you 
notice  that we are electing  to arbitrate  any Claim  (or, if you  dispute  our right to require  arbitration  of the Claim,  within 
twenty (20) days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. 
Notwithstanding  any language  in this Arbitration  Provision  to the contrary,  no arbitration  may be administered,  without 
the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is 
inconsistent with subsection (d) below captioned �N o Class Actions� (the �Class Action  Waiver�).  
(iii) �Claim� means any claim, dispute or controversy between you and us that in any way arises from  or 
relates  to this Agreement  or the Account,  including  disputes  arising  from actions  or omissions  prior to the date of this 
Agreement. �Claim� has the broadest reasonable meaning, and includes initial claims, counterclaims, cross -claims 
and third -party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional 
torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or 
declaratory relief). However, it does not include disputes about the validity, enforceability, coverage or scope of this 
Arbitration  Agreement  or any part thereof  (including,  without  limitation,  the Class  Action  Waiver,  the final sentence  in 
Section 18 (j) under the caption �Survival, Severability, Primacy� and/or this sentence); all such disputes are for a 
court  and not an arbitrator  to decide.  Howeve r, any dispute  or argument  that concerns  the validity  or enforceability  of 
the Agreement as a whole is for the arbitrator, not a court, to  decide.  
(d) Starting  Arbitration:  To start an arbitration,  you or we must  give written  notice  of an election  to arbitrate.  This 
notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a 
notice is given, the Claim shall be resolved by arbitration under this Arbitration Provision and the applicable rules of 
the Administrator  then in effect.  We will not elect  to arbitrate  any individual  action  brought  by you in small  claims  court 
or your state�s equivalent court, when such action is transferred, removed, or appealed to a different  court  
(e) No Class Actions: Notwithstanding any language herein to the contrary, if you or we elect to arbitrate 
a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, 
either as a class representative, class  member or class opponent; (ii) act as a private attorney general in 
court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the 
arbitrator shall have no authority to conduct any such class, private attorney g eneral or multiple -party 
proceeding.  
(f) Location and Costs: Any arbitration hearing that you attend will take place in a location that is reasonably 
convenient for you. If you cannot obtain a waiver of the Administrator�s or arbitrator�s filing, administrativ e, hearing 
and/or  other  fees,  we will consider  in good  faith any request  by you for us to bear such  fees.  We will pay for our own 
attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and 
witnesses  if you win the arbitration.  We will pay any of the Administrator�s  or arbitrator�s  filing,  administrative,  hearing 
and/or other fees, and the fees and charges of your attorneys, experts and witnesses, if and to the extent we are 
required  to pay such fees and charges  by law or in order  to make  this Arbitration  Provision  enforceable.  
(g) Arbitrator Selection: The arbitrator will be appointed by the Administrator in accordance with the rules of the 
Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a 
lawyer with at least ten (10) years of  experience.   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 8  (h) Discovery; Getting Information : In addition to the parties� rights under the Administrator�s rules to obtain 
information prior  to the hearing, either party may ask the arbitrator for more information from the other party. The 
arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to  object.  
(i) Effect of Arbitration Award: Any c ourt with jurisdiction may enter judgment upon the arbitrator�s award. The 
arbitrator�s  award  will be final and binding,  except  for: (1) any appeal  right under  the Federal  Arbitration  Act, 9 U.S.C.  
�1 et seq. (the �FAA�); and (2) Claims involving more than $50,000. For Claims involving more than $50,000, any 
party may appeal the award to a three -arbitrator panel appointed by the Administrator, which will reconsider anew 
any aspect of the initial award that is appealed. The panel�s decision will be final  and binding, except for any appeal 
right under the FAA. The costs of any appeal will be borne in accordance with subsection (e) above captioned 
�Location and Costs.�  
(j) Governing Law: This Agreement governs transactions involving interstate commerce and acco rdingly this 
Arbitration Provision shall be governed by the FAA and not by any state law concerning arbitration. The arbitrator 
shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and 
applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under 
applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall 
be governed by the constitutional s tandards applicable in judicial proceedings), declaratory, injunctive and other 
equitable  relief,  and attorneys�  fees and costs.  Upon  the timely  request  of either  party,  the arbitrator  shall write  a brief 
explanation  of the basis  of his or her award.  The arbitrator  will follow  rules  of procedure  and evidence  consistent  with 
the FAA, this Arbitration Provision and the Administrator�s  rules.  
(k) Survival, Severability, Primacy: This Arbitration Provision shall survive the termination of this Agreement, 
your fulfillment or default of your obligations under this Agreement and/or your or our bankruptcy (to the extent 
permitted by applicable law). In the event of any conflict or inconsistency between this Arbitration Provision and the 
Administrator�s rules or thi s Agreement, this Arbitration Provision will govern. If any portion of this Arbitration 
Provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall 
nevertheless remain in force. If a determination is made  that the Class Action Waiver is unenforceable, only this 
sentence  of the Arbitration  Provision  will remain  in force  and the remaining  provisions  shall be null and void,  provided 
that the determination concerning the Class Action Waiver shall be subject to  appeal.  
(l) Amendment/Termination : Notwithstanding  any provision  of this Agreement  to the contrary,  we will not amend 
this Arbitration  Provision  in a manner  that adversely  affects  your rights  or responsibilities  in a material  manner  unless 
we give you a right to reject the amendment and/or the Arbitration Provision in its  entirety.  
(m) Special Payment: If (i) you submit a Claim Notice on your own behalf (and not on behalf of any other party) 
in accordance  with Section  16 captioned  �Notice  and Cure�  (including  the timing  requirements  thereof);  (ii) we refuse 
to provide you with the relief you request; and (iii) an arbitrator subsequently determines that you were entitled to 
such  relief  (or greater  relief),  the arbitrator  shall award  you at least  $7,50 0 and will double  the attorneys�  fees to which 
you would otherwise be  entitled.  
(n) RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision by mailing a special 
rejection notice to OpenSky Card Services, P.O. Box 9224, Old Bethpage, NY 11804 -9224, attention 
Arbitration Rejection, within sixty (60) days after you apply for your Account. Any rejection notice must 
include your name, address, telephone number, and Account  number.  
18. Changes to this Agreement . Subject to applicable law, includin g the Truth in Lending Act and Regulation  Z: 
(a) You agree that we may, in our sole discretion, from time to time change any of the terms and conditions of, 
or add new terms and conditions to, this Agreement, including changing the formula used to compute Inte rest 
Charges (including terms and conditions increasing margins, switching to a fixed APR, changing the method of 
computing  Balances  Subject  to Interest  Charge),  increasing  or adding  Fees  (including  annual  or other  periodic  fees) 
or changing your Credit  Limit. 
(b) Any such changes will generally be effective immediately unless we are required by applicable law or elect, 
in our discretion, to provide you with advance written notice of the changes (and/or the reasons for the changes), 
afford you the right to reje ct the change and/or obtain your consent to the change (whether by written agreement, 
through the initiation of a Transaction after a specified date or through some other means). In such instances, those 
changes will be effective if, when and as stated in such  notice.  
(c) Any changes may apply to your outstanding Account balance on the effective date of the change and to any 
future balances created after that  date.  
(d) No change to any term of this Agreement will excuse your obligation to pay all amounts owing under this 
Agreement.   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 9  19. Governing Law . This Agreement is entered into between you and us in the Commonwealth of Virginia , and your 
Account and this Agreement are established in Commonwealth of Virginia . Except as set forth to the contrary in the 
Arbitration Provision, any claim, dispute or controversy arising from or relating to your Account or this Agreement, 
whether based in contract, tort, fraud or otherwise and regardless of the place of your residence, is governed by, and 
cons trued in accordance with,  the laws of the Commonwealth of Virginia , without  regard  to the Commonwealth of 
Virginia�s conflict  of laws principles,  and applicable  federal laws and regulations. Notwithstanding the foregoing, this 
Agreement shall not be govern ed by Title 6.2, Chapters 3 and 4 of the Code of Virginia , and shall instead be 
preempted and governed by 12 U.S.C. � 25(b) and other applicable federal  law. 
20. Unauthorized Use of Your Card or Account . You agree to promptly notify us if you believe that your  Card has 
been lost or stolen or that someone has used or may use your Card or Account without your permission by calling 
Customer Service or writing to OpenSky Card Services, P.O. Box 9224, Old Bethpage, NY 11804 -9224. TO HELP 
PROTECT  AGAINST  THE UNAUTHOR IZED  USE OF YOUR  CARD  OR ACCOUNT,  YOU  SHOULD  NEVER  WRITE 
YOUR PERSONAL IDENTIFICATION NUMBER (PIN) ON YOUR CARD OR KEEP ANY WRITTEN RECORD OF 
IT ON ANY MATERIAL THAT IS KEPT WITH YOUR  CARD.  
You agree to assist us in determining the facts, circumstances and other pertinent information related to any loss, 
theft or possible  unauthorized  use of your Card  or Account  and to comply  with such  procedures  as we may reasonably 
require  in connection  with our investigation,  this may include  the filing of one or more  reports  with the appropriate  law 
enforcement authorities. Subject to applicable law, you acknowledge and agree that we may terminate our 
investigation if you fail to cooperate to provide us with assistance or to comply with such proce dures, and we 
otherwise have no information or knowledge of facts confirming the unauthorized use of your Card or Account. In 
such circumstances, we will deem any such use as having been authorized by you and you will be liable for the 
amount of any Transa ctions plus Interest Charges and Fees incurred with any such use. Subject to applicable law, 
you also acknowledge  and agree  that unauthorized  Card  or Account  use does  not include  use of your Card  or Account 
by any person  to whom  you have  given  authority  to use your Card  or Account,  even  if you have  attempted  to limit the 
scope of the authority you have granted to any Authorized User and such Authorized User has exceeded his or her 
authority. You will be liable for all use of the Account or any C ard by any such Authorized User, even if that person 
uses the Account or Card in ways you did not  intend.  
21. Verifications . We verify  your age, social  security  number,  residence  and other  identifying  information  as required 
by applicable  law. 
22. Re-evaluation of Financial Condition and Credit History . We may re -evaluate your financial condition and 
investigate  any information  you provided  on your Card  application  at any time,  and in the course  of doing  so, we may 
obtain a current credit report and  ask you for any additional information about your financial condition by completing 
a Personal Financial Account Statement or such other form that we request from time to time. You authorize us and 
give us your permission to obtain any information about y ou that we believe would be beneficial to facilitate our 
determination of your eligibility for the Account and the Card, including credit reports from consumer reporting 
agencies.  
23. Privacy  Notice . We respect  the privacy  of information  about  you and your Account.  Please  read our Privacy  Notice 
as it is part of this Agreement. We provide our Privacy Notice to all new customers and to current customers on an 
annual basis. Changes may be made to our Privacy Notice. Our current Privacy Notice is always availab le at 
https://www.openskycc.com . 
24. Reporting Information to Credit Bureaus; Identity Theft . We may report information about your Account to credit 
bureaus. Late payments, missed payments or other defaults on your Ac count may be reflected in your credit report. 
You have  the right to dispute  the accuracy  of information  we have  reported.  If you believe  that any information  about 
your Account that we have reported to a credit bureau is inaccurate, or if you believe that you have been the victim 
of identity theft in connection with your Account or in connection with any other loan or extension of credit made by 
us, write us at: OpenSky Card Services, Attn. Fraud/Dispute Department, P.O. Box 9224, Bethpage, NY 11804 - 9224.  
Please  include  your name,  address,  Account  number,  telephone  number  and a brief description  of the problem. If 
available, please include a copy of the credit report in question. If you believe that you have been the victim of identity 
theft, s ubmit an identity theft affidavit or identity theft report and, if applicable, and you have this information; include 
the number of the other loan or extension of credit made by  us. 
25. Questions . If you have  any questions  about  this Agreement  or your Card,  please  contact Customer  Service  at the 
number on your statement or on the back of your  Card.  
26. Account Settlements . Any settlement of your Account balance for less than what is owed requires our written 
agreement.  
27. Bankruptcy Notification . All bankruptcy notices and related correspondence to us should be sent to the following 
address: OpenSky Card Services, Attn. Bankruptcy Department, P.O. Box 9224, Bethpage, NY  11804 -9224.   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 10   28. Change of Address and Other Information . You must notify us of any changes to your name, mailing or email 
address,  home,  cell or business  phone  number,  employment  or income  within  15 days.  You can update  your contact 
information  by accessing  MyAccount,  our online  Cardholder  Center,  or by writing  to OpenSky  Card  Services,  PO Box 
9224,  Old Bethpage,  NY 11804 -9224.  We will rely on your mailing  and email  addresses  as they appear  on our records 
for any and all Account communications we send to you unless and until either you or, in the case of your mailing 
address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable opportunity to 
act on such  notice.  
29. Correspondence . To the extent permitted under applicable law, any written or electronic correspondence you 
send  to us will not be effective  until we receive  and have  had a reasonable  opportunity  to act on such  correspondence. 
Any written or electronic correspondence we send to you will, however, be effective and deemed delivered when 
mailed  to you at your mailing  address  (or your email  address  if you have  authorized  electronic  communications)  as it 
appears on our  records.  
30. Telephone Monitoring and Recording . You agree that we may monitor, record, retain and reproduce your 
telephone calls and any other commun ications you provide to us, regardless of how transmitted to us, for training 
and quality control purposes and as evidence of your authorization to act in connection with any Transaction or 
service contemplated by this Agreement. However, we are not under any obligation to monitor, record, retain or 
reproduce such items, unless required to do so by applicable  law. 
31. Waiver of Rights . Except as may be prohibited by law or regulation, you agree to waive any right you may have 
for us to act promptly in bringing any action(s) against you (known as diligence); to demand payments of amounts 
due (known as presentment); to obtain an official certification of non -payment (known as protest); and to give notice 
that amounts due have not been paid (known as notice of dish onor or notice of default and  non-payment).  
32. Third -Party Claims or Defenses . Except as otherwise provided in this Agreement and as required by applicable 
law, we will not be responsible for any claim or defense you may have against any third party that aris es out of or in 
connection with any  Transaction.  
33. Assignment . You may not sell, assign  or transfer  your Account  or Card  or any of your rights  and obligations  under 
this Agreement.  We may,  however,  sell, assign  or transfer  your Account,  or any balance  due thereunder,  and/or  any 
of our rights and obligations under this Agreement, to another bank or other third party without prior notice to, or 
consent by, you, which notice or consent is hereby waived. Should we do so, then to the extent of any such sale, 
assignment or transfer, that bank or third party will take our place in this  Agreement.  
34. Severability . Except as provided otherwise with respect to the Arbitration Provision, if any provision of this 
Agreement is deemed to be void or unenforceable by a court of competent jurisdiction or any governmental agency, 
that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of 
that provision will no longer be considered as part of this Agreement. All othe r provisions of this Agreement will, 
however, remain in full force and  effect.  
35. Section Headings . The Section headings used in this Agreement are for convenience of reference only and do 
not in any way limit or define your or our rights or obligations  hereunder.  
36. Entire Agreement . You acknowledge that the terms and conditions set forth in this Agreement and on your card 
carrier  constitute  the entire  agreement  between  you and us with respect  to the Account,  and supersede  and may not 
be contrad icted by evidence of any prior or contemporaneous written or oral communications and understandings 
between you and us concerning the Account or the  Card.  
 
 
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 Account Statement 
If you think there is an error on your statement, write to us at: 
OpenSky Card Services  
P.O. Box 9224  
Old Bethpage, NY 11804 -9224  
 
In your letter, give us the following information:  
 
� Account information: Your name and account  number.   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 11  � 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 m ay 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, your Minimum Pa yment Due will be based on  the 
nondisputed portion of the  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 p ayment 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 betwee n 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 advertiseme nt we mailed to you, or if we own the company that sold you the goods or  services.)   OpenSky Visa Gold Credit Card Agreement  SKY2 201  
October 2021  Page 12  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: 
OpenSky Card Services  
P.O. Box 9224  
Old Bethpage, NY 11804 -9224  
 
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.  
 
 
Additional Disclosures  
CALIFORNIA RESIDENTS: You may apply for an account in your name alone, regardless of yo ur marital status.  
NEW  YORK  RESIDENTS:  You may contact  the New York State  Banking  Department  at 1-877-226-5697  to obtain 
a comparative listing of all credit card rates, fees and grace  periods.  
OHIO  RESIDENTS:  The Ohio  rules  against  discrimination  require  that all creditors  make  credit  equally  available 
to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual 
upon request. The Ohio Civil Rights Commission administers compli ance with this  law. 
VERMONT, RHODE ISLAND AND NEW YORK RESIDENTS: A credit report may be requested in connection 
with your application. At your request, Capital Bank (CNB) will tell you whether or not a credit report was obtained 
and, if so, the name  and address  of the consumer  reporting  agency  that furnished  the report.  CNB  may also request 
credit reports from time to time in connection with any update, renewal or extension of the credit account, whenever 
CNB believes that such action is  appropriate.  
MARRI ED WISCONSIN RESIDENTS: No provisions of any marital property agreement, unilateral statement  under  
�766.59 of the Wisconsin Statutes, or court decree under �766.70 will adversely affect a creditor�s interest unless, 
prior to the time credit  is granted,  the creditor  is furnished  a copy  of the agreement,  statement  or decree  or has actual 
knowledge  of the adverse  provision.  If an Account  is opened  for you, you must  notify  your spouse  about  the Account 
before any payment on the Account is due. YOUR SIGNATURE CONFIRMS THAT CREDIT EXTENDED UNDER 
THIS ACCOUNT WILL BE INCURRED IN THE INTEREST OF YOUR MARRIAGE OR  FAMILY.  
 
 
 
Customer Identification Program  
 
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record 
information that identifies each individual or entity opening an account. This includes all personal and commercial 
accounts.  
What This Means to Our Customers  
When you open an ac count, you will be asked for your name, address, social security or tax identification number, 
date of birth (if applicable) and other information that will allow us to identify you. You will also be asked to furnish 
your driver�s license or other identify ing documents. We are required to follow this procedure each time an account 
is opened,  even  if you are a current  customer.  Thank  you for helping  us to follow  this Federally -mandated  procedure.  
 
 
For Further  Information:  Call the Customer  Service  number  shown  on your  statement  or on the back  of your 
Card if you need more  information.