MASTERCARD®  First Progress 
CARDHOLDER AGREEMENT 

NEW YORK RESIDENTS: 
RETAIL INSTALMENT CREDIT AGREEMENT 

Dear Cardmember: 

This agreement (“Agreement” or “Cardholder Agreement”), 
as  modified  from  time  to  time,  will  govern  the  use  of 
your  First  Progress  MasterCard  Account  (“Account”)  by 
any  person  designated  on  the  application,  acceptance 
certificate or other written document (including an electronic 
record)  that  you  signed  or  otherwise  submitted  for  this 
Account  (“Application”),  which  is  part  of  this  Agreement 
and incorporated herein by reference. The accompanying 
Summary of Terms is hereby incorporated into and made 
a part of this Agreement.  Before you use any credit card 
(“Card”)  that  we  issue  to  you,  please  thoroughly  read 
this  Agreement,  including  the  accompanying  Summary 
of Terms and  the  following  additional  documents,  which 
are  part  of  this  Agreement  and  incorporated  herein  by 
reference:  (i)  the  card  mailer  provided  with  your  Card(s) 
when  we  opened  your Account  (“Card  Mailer”),  (ii)  your 
most  recent  cardholder  statement  (existing  Accounts 
only), and (iii) any notification of changes to your Account 
(existing Accounts  only).  If  you  do  not  wish  to  be  bound 
by this Agreement or to activate the Account, do not use 
the Card and cut the Card in half and return it to us at First 
Progress Card, PO Box 9053, Johnson City, TN 37615- 
9053.  Any  acceptance,  signing  or  use  of  the  Card  or 
Account will constitute your consent and agreement to all 
terms, conditions and provisions set forth below (in New 
York, you must sign a sales slip or memorandum). If you 
elect to close your Account and notify us in writing before 
you make any charges for Purchases or Cash Advances 
to  your  Account  or  pay  any  Fees,  including  the  Annual 
Fee,  you  will  not  be  responsible  for  any  Fees,  including 
the Annual Fee, or any Interest. In such a case, any Fees 
or Interest charged will be credited back to your Account. 
New York Residents: You will not be required to pay any 
annual  fee  until  after  the  date  that  you  first  sign  a  sales 
slip or memorandum. 

Please  save  this  Agreement  for  future  reference.  It 
contains important state and federal disclosures, including 
Regulation Z disclosures and  disclosures regarding  your 
rights in case of errors or inquiries about your bill. 

FPCA-010516-010516 

In this Agreement, “we”, “us”, and “our” refer to Synovus 
Bank, 1125 1st Avenue, Columbus GA  31901, the issuer 
of the Card, and to its successors and assigns. The words 
“you”  and  “your”  refer  to  the  person  who  applied  for  the 
Account, any co-signer, co-obligor or guarantor, and each 
person to whom we issue a Card at your request or who 
uses  a  Card  with  your  consent  (an  “Authorized  User”). 
The  words  “Business  Day”  mean  any  day  (excluding 
Saturday and Sunday or legal holiday) on which banking 
institutions  are  open  for  general  business  in  Georgia. 
“Purchases”  mean  using  your  Card  or  Account  to  pay 
for  goods  or  services.  “Cash  Advance”  means  using 
your  Card  or  Account  to  get  cash  from  ATMs  or  banks 
that  accept  the  card  or  by  using  cash  advance  checks 
(“Convenience Checks”) we may provide to you. “Interest” 
means the interest charges we impose on a Purchase or 
Cash Advance or on Fees or previously accrued interest 
charges.  “Fees”  means  other  amounts  added  to  your 
Account from time to time, including Cash Advance Fees, 
Foreign  Transaction  Fees,  Late  Fees,  Annual  Fees, 
Returned  Payment  Fees,  and  other  fees  we  charge  as 
specified  in  this  Agreement.  “Finance  Charge”  includes 
both Interest and certain Fees. 

This  Agreement  becomes  effective  on  the  date  (the 
“Effective  Date”)  we  establish  your  Account  and  your 
Deposit Account following the last to occur of (i) our receipt 
and approval of your Application, and (ii) our receipt and 
final  collection  of  good  funds  comprising  your  payment 
of your initial Deposit (in New York, on the date that  you 
first sign a sales slip or memorandum after receipt of the 
Agreement, if not an existing customer). 

To avoid unauthorized use of your Card, please sign the 
back of your Card immediately. 

In  the  “Security  Interest”  section  that  follows  next, 
“Cardholder  Agreement” 
this  Agreement, 
to 
including the Security Interest section. 

refers 

Security  Interest. As  a  condition  to  approving  an Account  for  you,  you  must  maintain  a  deposit  with  us  of  not 
less than $200 (the “Deposit”). Your Deposit will be held in a comingled non-interest bearing deposit account with 
other  customers’ deposits  (“Deposit Account”). The  Deposit Account  is  insured  by  the  Federal  Deposit  Insurance 
Corporation to the extent permitted by law. You grant us a security interest in and pledge and assign to us that portion 
of the Deposit Account represented by your Deposit, including any funds deposited following the Effective Date of 
your Cardholder Agreement, to secure payment of all of your existing and future obligations under your Cardholder 
Agreement and on your Account (the “Security Interest”). Except for the Security Interest you are providing us, you 
shall cause the Deposit to remain unencumbered (i.e. not subject to any lien, judgment, attachment or execution). 
You may add funds to the Deposit Account only with our approval. If we approve such addition of funds, they must be 
mailed to us using a paper check at the address we specify at the time of approval. You are not permitted to initiate 
electronic transfers to or from the Deposit Account. You may not withdraw or transfer funds from the Deposit Account 
other than by our refund to you of any amounts remaining of your Deposit after your Account is closed and each of 
the following have occurred: (i) all amounts owed to us on your Account or otherwise owed under your Cardholder 
Agreement are paid in full, (ii) we receive from you all unexpired Cards, cut in half, and (iii) a period of up to 10 weeks 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
has elapsed since your Account was closed and your unexpired Cards returned to us, during which we may retain 
any amounts remaining of your Deposit to allow for any outstanding transactions to be posted to  your Account. If 
you or we close your Account for any reason, or you are in Default (as provided in your Cardholder Agreement), you 
authorize us, to the extent not prohibited by law, to apply all or any part of your funds in the Deposit Account towards 
the outstanding balance of your Account and any other amounts owed under your Cardholder Agreement without 
giving  you  prior  notice.  If we  choose  not  to,  or  otherwise  fail  to  apply  your  funds  in  the  Deposit Account  towards 
amounts owed on the Account or otherwise owed under your Cardholder Agreement, you agree that: (a) we do not 
thereby waive any right we have to do so at any later time, and to the extent not prohibited by law we may so apply 
such funds at any time, in our sole discretion; and (b)  you are not thereby excused from the performance of any 
obligation owing with respect to the Account or otherwise under your Cardholder Agreement. However, if the Account 
is closed by you or by us for any reason, and we fail to apply your funds in the Deposit Account towards amounts 
owed on the Account or otherwise owed under your Cardholder Agreement, you may request in writing that we apply 
your funds in the Deposit Account towards such amounts. We will honor any such written request within 10 days after 
we receive it at PO Box 9053, Johnson City, TN 37615-9053.   If the amount of your funds in the Deposit Account 
exceeds the amount you owe us, then, we will refund to you any amounts of your Deposit remaining in the Deposit 
Account after all obligations owed to us are satisfied subject to the time period restrictions described above. Except 
for your Deposit in the Deposit Account, we do not have a security interest in any other of your property in connection 
with your Account. Funds in the Deposit Account are not held in trust for the Cardholder. 

1.  Using  Your  Card.  You  may  use  your  Card  to  make 
Purchases or obtain Cash Advances if your Account is in 
good standing and you have Available Credit, as defined 
in  Section  2  below.    If  you  give  your  Account  number 
to  make  a  Purchase  or  obtain  a  Cash  Advance  without 
presenting your Card (such as for a mail order, telephone, 
or Internet purchase), the legal effect will be the same as 
if  the  Card  itself  was  used  by  you.  If  we,  at  our  option, 
give you a Personal Identification Number (PIN), you may 
also  use  your  Card  and  a  PIN  to  obtain  Cash Advances 
at  any  automated  teller  machine  (“ATM”)  that  bears  the 
MasterCard  logo.  We  may  impose  restrictions  on  your 
Account  at  any  time,  including  restrictions  on  (a)  the 
number  of  transactions  allowed  per  day;  (b)  the  dollar 
amount of transactions approved; (c) your ability to obtain 
Cash Advances; and (d)  your ability to use  your Card at 
an ATM. 

You  agree  to  use  your Account  only  for  personal,  family 
or  household  purposes.  Your  Account  may   be  used 
only  for  valid  and  lawful  purposes.  If  you  use,  or  allow 
someone  else  to  use,  your  Card  and  Account  for  any 
other  purpose,  you  will  be  responsible  for  such  use 
and  may  be  required  to  reimburse  us  for  all  amounts  or 
expenses  we  pay  as  a  result  of  such  use.  You  may  not 
use  the  Card  or  your Account  for  any  illegal  transaction 
or  any  gambling  transaction.  We  will  decline  identifiable 
gambling transactions. 

You  should  not  keep  your  PIN  with  your  Card.  If  you 
believe  that  anyone  has  gained  unauthorized  access  to 
your PIN, you should advise us immediately, following the 
procedures under the heading “Lost or Stolen Card.” 

2.  Credit  Limit  and  Available  Credit.  The  maximum 
permitted outstanding balance for your Account (including 
principal,  accrued  Interest  and  fees,  whether  billed  or 
unbilled)  is  your  credit  limit  (“Credit  Limit”).  Your  credit 
available (“Available Credit”) is the Credit Limit less your 
outstanding  balance  and  any  amounts  we  at  our  sole 
discretion may add to keep your outstanding balance 

below your Credit Limit, such as Interest Charges and Fees 
incurred but not yet billed. The initial Credit Limit for your 
Account will be equal to the amount of the Deposit that you 
make with us, which must be at least $200 (see “Security 
Interest” above).  However, if you choose to deposit more 
than  $200,  your  initial  deposit  and  corresponding  Credit 
Limit must be at least $300 and may not exceed $2,000, or 
any higher amount stated in the solicitation or application. 
Your  initially  available  credit  will  be  equal  to  your  initial 
Credit Limit, less the Annual Fee in the amount specified 
in  the  accompanying  Summary  of  Terms,  imposed  after 
your Account is opened. For example, if your initial Credit 
Limit  is  $200  and  if  your  Annual  Fee  specified  in  the 
accompanying  Summary  of  Terms  is  $44,  your  initially 
available credit would be $156. (The renewal Annual Fee, 
when imposed annually thereafter, would also reduce your 
then available credit by $44.) Or, for example, if your initial 
Credit  Limit  is  $200  and  if  your Annual  Fee  specified  in 
the accompanying Summary of Terms is $39, your initially 
available credit would be $161.  (The renewal Annual Fee, 
when  imposed  annually  thereafter,  would  also  reduce 
your  then  available  credit  by  $39.)   Or,  for  example,  if 
your  initial  Credit  Limit  is  $200  and  if  your  Annual  Fee 
specified  in  the  accompanying  Summary  of  Terms  is 
$29,  your  initially  available  credit  would  be  $171.   (The 
renewal Annual  Fee,  when  imposed  annually  thereafter, 
would also reduce your then available credit by $29.) Your 
Credit  Limit  may  be  increased  only  with  our  approval. 
For  cardholders  under  the  age  of  21  with  a  co-signer, 
the  co-signer  must  sign  a  written  statement  approving 
the  increase  and  taking  responsibility  for  repayment  of 
the  increase.  If  we  approve  your  request  to  do  so,  your 
Credit  Limit  and  Available  Credit  may  be  increased  by 
your making an additional deposit with good funds to your 
Account, by mailing them to us at the address we specify 
at the time of approval. We may choose to increase your 
Credit  Limit  without  requiring  you  to  add  to  the  Deposit 
Account. Any increases in your Credit Limit are subject to 
credit approval. The maximum Credit Limit you can obtain 
over time is $5,000. 

 
 
 
 
 
 
 
Payments  you  make  on  your  Account  will  not  increase 
your Available Credit until we are assured that the payment 
has  not  been  dishonored.  This  payment  hold  may  take 
up  to  ten  (10)  days  (see  “Credit  Availability/Payment 
Hold”  below  at  Section  5).   You  agree  not  to  make  any 
Purchase or obtain any Cash Advance that would cause 
the  unpaid  principal  balance  of  your  Account  to  exceed 
your Available Credit. We are not required to allow you to 
make Purchases or Cash Advances that, along with billed 
and  unbilled  Finance  Charges  and  Fees,  would  cause 
your  outstanding Account  balance to exceed  your  Credit 
Limit, but, if we do, you will be liable for any such amount. 
If you exceed your Credit Limit, we may, at our option, (i) 
charge you for all Purchases and Cash Advances without 
giving up any of our rights (ii) require that you immediately 
pay to us any amount in excess of your Credit Limit, or (iii) 
suspend  or  terminate  your  use  of  the  Card  or  Account. 
If  you  request  that  your  Credit  Limit  be  increased  either 
permanently  or  temporarily,  we  have  no  obligation  to  do 
so; however, we may make such an increase if we choose 
without giving up or waiving any of our rights, and without 
having to honor other uses which would cause your Credit 
Limit  to  be  exceeded.  We  may  permanently  increase  or 
decrease  your Credit Limit as we  deem appropriate  with 
notice if required by applicable law. 

Changes in your Credit Limit do not affect your obligation 
to pay all amounts that you owe under this Agreement. 

3.    Billing  Statement,  Initial  Annual  Fee  and  Credit 
Availability. The initial Annual Fee in the amount specified 
in the accompanying Summary  of Terms will be billed to 
your  Account  following  Card  issuance  and  will  appear 
on  your  monthly  billing  statement  (“Billing  Statement”). 
Your current Credit Limit and Available Credit will appear 
on  each  Billing  Statement.  Payments  you  make  on  your 
Account  will  not  increase  your  Available  Credit  until  we 
are  assured  that  the  payment  has  not  been  dishonored. 
This  payment  hold  may  take  up  to  ten  (10)  days  (see 
“Credit Availability/Payment Hold” below at Section 5). 

4.   Payments.  You  promise  to  pay  us  for  all  Purchases 
or  Cash Advances  (including  amounts  advanced  to  any 
Authorized User) under this Agreement, plus all Interest, 
Minimum Interest Charges and Fees  assessed on those 
amounts,  and  all  other  costs  that  are  applied  to  your 
Account. You may at any time pay more than the minimum 
payment due or pay the total unpaid balance in full without 
incurring any additional charge for prepayment. You must 
pay  at  least  the  minimum  payment  due  each  month 
(“Minimum  Payment  Due”)  as  shown  on  your  Billing 
Statement so that we receive it at our processing facility 
by  5:00  P.M.  Eastern  Time  on  your  Payment  Due  Date. 
The  Payment  Due  Date  will  be  at  least  twenty-five  (25) 
days  after  the  Billing  Cycle  Closing  Date  and  will  be  the 
same  date  of  each  calendar  month.  All  payments  must 
be  made  in  U.S.  dollars,  and  all  checks  or  other  items 
tendered  in  payment  must  be  drawn  on  a  U.S.  financial 
institution.  Payments  must  be  made  in  accordance  with 
any  other  instructions  shown  on  the  Billing  Statement. 
Payments  by  mail  must  be  by  check  or  money  order 

and  accompanied  by  the  remittance  coupon  from  your 
Billing  Statement.  Payments  received  in  proper  form  at 
our processing facility by 5 PM Eastern Time on any day 
will be credited to your Account as of that day. Payments 
received  in  proper  form  at  our  processing  facility  after 
5  PM  Eastern  Time  on  any  day  will  be  credited  to  your 
Account  as  of  the  next  day.  Payments  received  by  any 
other  method  may  be  subject  to  a  delay  in  crediting  of 
up to 5 days  after the date of receipt. Payments are  not 
accepted  at  Synovus  Bank  locations.  Delayed  crediting 
of payments may cause  you to incur additional charges, 
including,  but  not  limited  to,  a  Late  Fee  and  additional 
Interest  charges.  The  Minimum  Payment  Due  will  equal 
the greater of $38 or 5% of your outstanding balance, plus 
any past due amount and any balance in excess of your 
Credit Limit. 

Payments will be applied from time to time in any manner 
that  we  determine  to  be  in  accordance  with  applicable 
law,  but  will  ordinarily  be  applied  to  Interest,  Fees,  and 
other  charges  before  principal  balances.  Payments  in 
excess  of  the  Minimum  Payment  Due  will  be  applied, 
in  accordance  with  applicable  law,  to  your  highest  rate 
balances.  Payments  you  make  on  your Account  will  not 
increase  your Available  Credit  until  we  are  assured  that 
the payment has not been dishonored. This payment hold 
may  take  up  to  ten  (10)  days  (see  “Credit  Availability/ 
Payment Hold” below at Section 5). 

Paying  by  Check.  If  you  pay  by  check,  you  authorize 
us  to  use  information  on  your  check  to  make  a  one- 
time  electronic  debit  from  your  account  at  the  financial 
institution  indicated  on  your  check.  This  electronic  debit 
will be for the amount of your check; no additional amount 
will be added to the electronic debit. We will process your 
payment  using  the  Automated  Clearing  House  (ACH) 
system.  When  we  use  information  from  your  check  to 
make an electronic fund transfer, funds may be withdrawn 
from  your  account  as  soon  as  the  same  day  we  receive 
your  payment.  Electronically  processed  checks  (and 
checks  presented  electronically)  are  not  returned  to  you 
by  your bank, but  a copy can be retrieved by contacting 
your bank. We will retain an image of  your electronically 
processed  check  as  required  by  law.  Please  contact  the 
Customer  Service  Department  at  the  telephone  number 
on  your  Billing  Statement  if  you  have  questions  about 
electronic  check  conversion  or  if  you  prefer  not  to  have 
your check information used in this way. 

Stopping Convenience Check Payments: You agree to 
notify us in writing sufficiently in advance to request that 
we stop payment on a Convenience Check. We may, but 
are not required to, accept an oral stop payment request. 
Although we may attempt to stop payment, we are under 
no liability for failure to stop payment. 

5.  Credit  Availability/Payment Hold.  For  all  payments, 
depending on the payment amount and/or how long your 
Account  has  been  opened,  and  if  you  have  previously 
made  a  payment  that  was  not  honored  for  any  reason, 
such payment will not increase your Available Credit until 

 
 
 
 
 
 
 
 
 
we are assured that the payment has not been dishonored. 
This  payment  hold  may  take  up  to  ten  (10)  days.  If  you 
use a payment service provided by a third party to deliver 
your payment to us, that third party may charge you a fee 
for such service; such third party fees are not paid to us 
and we will not bill these fees to your Account; however, 
you may authorize those charges if you wish. 

6.  Irregular  Payments  and  Delay  in  Enforcement, 
Waivers  and  Releases.  We  can  accept  late  payments, 
partial payments, checks, and money orders marked “paid 
in full” or language having the same effect without losing 
any of our rights under this Agreement. We are under no 
obligation to hold a post dated check and we reserve the 
right to process every item presented as if dated the same 
date  received  by  us  unless  you  give  us  adequate  notice 
and  a  reasonable  opportunity  to  act  on  it.  Except  where 
such  notice  and  opportunity  is  given,  you  may  not  hold 
us  liable  for  depositing  any  postdated  check.  You  agree 
not  to  send  us  partial  payments  marked  “paid  in  full,” 
“without recourse,” or similar language. If you send such a 
payment, we may accept it without losing any of our rights 
under  this  Agreement.  All  written  communications 
concerning  disputed  amounts,  including  a  check  or 
other  payment  instrument  that  (a)  indicates  that  the 
payment constitutes “payment in full” or is otherwise 
tendered as full satisfaction of a disputed amount, or 
(b)  is  tendered  with  other  conditions  or  limitations, 
must be marked or delivered to us at the address for 
account  inquiries  shown  on  your  Billing  Statement, 
not the Payment Address. 

7.  Billing  Statements.  We  will  promptly  send  a  Billing 
Statement at the end of each monthly Billing Cycle if your 
Account has a debit or credit balance greater than $1.00 
or  if  a  Finance  Charge  has  been  imposed.  The  Billing 
Statement  will  show  the  Previous  Balance,  Purchases 
and  Cash  Advances  posted  during  the  Billing  Cycle, 
any  Interest  Charges,  Other  Charges  and  fees,  and  all 
payments, debits, and credits to your Account through the 
Billing Cycle Closing Date. It will also show, among other 
things,  your  New  Balance,  the  Minimum  Payment  Due, 
and the Payment Due Date (which will be at least twenty- 
five (25) days after the Billing Cycle Closing Date). 

8.  Lost  or  Stolen  Card.  If  you  notice  the  loss  or  theft 
of  your  Card  or  a  possible  unauthorized  use  of  your 
Card, write to us at First Progress Card, PO Box 9053, 
Johnson City, TN 37615-9053 or call us toll free at 1-866- 
706-5543. You will not be liable for any unauthorized use 
of your Card that occurs after you notify us. In any case, 
your liability will not exceed $50.00. In New York, you will 
not be liable for unauthorized use of the Card that occurs 
prior to the Effective Date. 

9.  Paying  Interest.  Interest  accrues  on  Purchases 
beginning  on  the  date  a  Purchase  is  posted  to  your 
Account.  However,  interest  will  not  be  imposed  on 
Purchases  we  post  to  your Account  in  any  Billing  Cycle 
in  which  the  Previous  Balance  shown  on  your  Billing 
Statement for that Billing Cycle  is  zero or paid in full  by 

the  Payment  Due  Date  during  that  Billing  Cycle,  if  you 
pay  your  New  Balance  in  full  by  the  Payment  Due  Date 
shown  on  that  Billing  Statement.  Interest  accrues  on 
Cash Advances beginning on the transaction date. There 
is no time within which you can pay the balance of a Cash 
Advance  to  avoid  Interest.  How  to Avoid  Paying  Interest 
on Purchases: Your Payment Due Date is at least 25 days 
after  the  close  of  each  Billing  Cycle.  We  will  not  charge 
you any Interest on Purchases if you pay your entire New 
Balance by the Payment Due Date each month. 

How We Compute the Annual Percentage Rate (APR) 
and  Daily  Periodic  Rate.  The  APR  for  Purchases  and 
the  APR  for  Cash  Advances  are  calculated  by  adding 
the  Margins  disclosed  in  the  accompanying  Summary 
of  Terms  to  the  Prime  Rate  reported  in  The  Wall  Street 
Journal on the first Tuesday of every month, or if The Wall 
Street  Journal  is  not  published  on  that  day,  on  the  next 
publication  day.  APRs  are  adjusted  monthly,  effective 
as of the first day of  your first Billing Cycle ending on or 
after  the  date  of  the  Prime  Rate  change. APRs  will  vary 
with  the  market  based  on  variations  in  the  Prime  Rate. 
The applicable Daily Periodic Rate will be equal to 1/365 
of  the  applicable  APR.  The  accompanying  Summary  of 
Terms shows the Daily Periodic Rates and corresponding 
APRs determined under the above formula, as of the date 
specified  in  the  Summary  of  Terms.  If  the  Prime  Rate 
increases  the  Daily  Periodic  Rate  and  corresponding 
Annual  Percentage  Rate  under  the  above  formula  may 
increase. As a result, the Interest Charges, the Minimum 
Payment  Due  and  the  number  of  payments  may  also 
increase. 

Minimum Interest  Charge.  If  your Account  is  subject 
to   an   Interest   charge   during   any   Billing   Cycle, 
the  Minimum  Interest  Charge  will  be  $1.50,  if  the 
calculated Interest charge would otherwise be less. 

How  We  Compute  the  Balance  Subject  to  Interest 
Rate. 
Interest  for  a  Billing  Cycle  is  calculated  separately  for 
Purchase  and  Cash  Advance  balances.  Convenience 
Checks  are  included  in  the  Cash Advance  balance.  For 
each  balance  type  we  use  the  daily  balance  method 
(including  current  transactions).  For  each  balance  type, 
we figure the interest charge on your account by applying 
the applicable Daily Periodic Rate to the applicable “daily 
balance” of your account for each day in the Billing Cycle. 
To  get  the  “daily  balance”  for  Purchases,  we  take  the 
beginning  Purchases  balance  of  your  account  each  day 
(including any unpaid Interest, Minimum Interest Charges 
and  Fees),  add  any  new  Purchases  and  Fees,  and  any 
Interest accrued on the previous day’s daily balance, and 
subtract  the  applicable  portion  of  any  new  payments  or 
credits.  To  get  the  “daily  balance”  for  Cash  Advances, 
we  take  the  beginning  Cash  Advances  balance  of  your 
account  each  day  (including  any  unpaid  Interest  and 
Fees), add  any new  Cash Advances  and Fees, and  any 
Interest  accrued  on  the  previous  day’s  daily  balance, 
and subtract the applicable portion of any new payments 
or   credits.   (All   Fees   are   included   in   the   Purchases 

 
 
 
 
 
 
 
 
 
daily  balance  except  Cash  Advance  Fees  and  Foreign 
Transaction  Fees  related  to  Cash  Advances,  which  are 
included  in  the  Cash Advances  daily  balance.) The  total 
Interest for the Billing Cycle is the sum of the daily interest 
charges  for  each  balance  type  for  each  day  during  that 
Billing Cycle. Your Billing Statement will show a Balance 
Subject  to  Interest  Rate  for  each  balance  type.  That 
Balance  Subject  to  Interest  Rate  is  the  average  of  the 
daily balances during the Billing Cycle, which is their sum 
divided by the number of days in the Billing Cycle. 

other  payment  instrument  (including  an  electronic  funds 
transfer  or  a  telephone  authorized  draft)  is  not  honored 
for any reason or cannot be processed, we will charge a 
Returned Payment Fee of up to $27.00. 

Billing Statement Copy Fee. If you request an additional 
copy  of  a  Billing  Statement  that  is  more  than  six  (6) 
months old, we will charge you a Billing Statement Copy 
Fee of $1.00 for each Billing Statement requested to the 
extent not prohibited by law. 

The method we use to figure the daily balance and Interest 
results in daily compounding of interest. 

10. Fees 

Cash Advance Fee. In addition to the periodic Interest on 
Cash Advances, a Cash Advance Fee as specified in the 
accompanying Summary of Terms will be posted to  your 
Account,  and  such  fee  is  included  in  your  daily  balance 
for Cash Advances for the purpose of calculating Interest. 
The Cash Advance Fee is a Finance Charge. 

Foreign  Transaction  Fee.  We  will  assess  a  Foreign 
Transaction  Fee  as  specified  in  the  accompanying 
Summary of Terms for any transaction made in a foreign 
currency that is converted to U.S. dollars by MasterCard 
International. This Foreign Transaction Fee will be applied 
to  all  transactions  posted  to  your  Account  in  a  foreign 
currency,  including  all  Purchases,  Cash  Advances,  and 
returns and adjustments (e.g., for returned merchandise) 
and  for  the  purpose  of  calculating  Interest  is  included 
in  the  daily  balance  for  the  same  daily  balance  type 
(e.g.,  Purchases  or  Cash  Advances)  as  the  transaction 
to  which  the  Foreign  Transaction  Fee  relates.  A  portion 
of  each  Foreign  Transaction  Fee  is  passed  on  by  us  to 
MasterCard International in connection with each foreign 
transaction.  The  Foreign  Transaction  Fee  is  a  Finance 
Charge. 

Other  Fees.  The  following  fees  will  be  charged  to  your 
Account  as  a  Purchase  for  the  purpose  of  calculating 
Interest: 

Annual  Fee:  Your  Account  will  be  assessed  an  Annual 
Fee as specified in the accompanying Summary of Terms 
after  your  Account  is  opened  and  annually  thereafter. 
The Annual Fee is non-refundable except as provided in 
Section 13 below. Your payment of the Annual Fee does 
not  affect our right  to close  your Account or to limit  your 
ability to make transactions on your Account. 

Late  Payment  Fee.  If  we  do  not  receive  at  least  the 
Minimum Payment Due by the Payment Due Date shown 
on  your  Billing  Statement,  you  will  be  charged  a  Late 
Payment  Fee  of  up  to  $27.00  (up  to  $38.00  if  you  have 
been  subject  to  a  Late  Payment  Fee  during  any  of  the 
preceding  six  Billing  Cycles).  We  may  also  refer  to  this 
Fee as the “late fee” or “late charge.” 

Returned  Payment  Fee.  If  your  payment  by  check  or 

Expedited  Telephone  Payment  Fee.  We  may  make 
available  at  our  customer  service  number  an  expedited 
telephone payment service involving assistance by one of 
our associates or agents. We will charge a $10.00 
Expedited  Telephone  Payment  Fee  for  each  expedited 
payment authorized by telephone in this way. 

11. Default/Collection Costs. Subject to the limitations of 
applicable law, your Account will be in default (“Default”), 
and  we  may  demand  immediate  payment  of  the  entire 
amount  you  owe  us  without  giving  you  prior  notice,  if: 
(a)  your  Minimum  Payment  Due  is  not  received  by  the 
Payment Due Date; (b) you make Purchases or obtain Cash 
Advances in excess of your Credit Limit; (c) you become 
insolvent  or  are  a  party  to  a  bankruptcy  proceeding;  (d) 
you  die;  (e)  you  misuse  the  Account  or  Card  or  violate 
any  term  of  this  Agreement;  (f)  any  judgment  or  lien  is 
fled against you or the Deposit; (g) to the extent permitted 
by  law,  we  reasonably  believe  that  your  ability  to  repay 
your  obligations  to  us  has  been  materially  impaired;  (h) 
you fail to honor any of the terms or your promises made 
in this Agreement, or (i) you provide us with any false or 
misleading  information  or  signatures  on  the  Application 
or  in  any  other  communication  with  us  or  on  any  other 
account  with  us.  We  shall  also  have  the  right  to  all 
remedies  provided  by  law  including,  without  limitation, 
closing or refusing to renew your Account and demanding 
return of your Card(s). Our failure to declare your Account 
in default does not excuse you from performing all of your 
obligations  under  this Agreement,  and  such  failure  shall 
not constitute a waiver of our rights to declare the Account 
in  default  and  terminate  your  ability  to  use  the  Account 
and the Card at a later time or upon the occurrence of the 
same or a different event of default. 

If we refer your Account for collection to an attorney who 
is not our regularly salaried employee,  you  agree to  pay 
the  reasonable  fees  of  such  attorney  and,  whether  or 
not  an attorney  is retained, all court and other collection 
costs,  including  any  amounts  actually  incurred  by  us 
in  recovering  your  Card(s),  to  the  greatest  extent  not 
prohibited by law. 

12.   Refusals to Honor Card. We are not responsible if 
any bank, merchant or other person refuses to honor your 
Card. Except as otherwise required by law or regulations, 
we  will  not  be  responsible  for  merchandise  or  services 
purchased through use of your Card. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
13.  Account Closing Prior to Use; Annual Fee Refund. 
If you elect to close your Account and notify us in writing 
before  you  make  any  charges  for  Purchases  or  Cash 
Advances  to  your  Account  or  pay  any  Fees,  including 
the Annual Fee, you will not be responsible for any Fees, 
including the Annual Fee, or any Interest. In such a case, 
any Fees or Interest charged will be credited back to your 
Account.  (New  York  Residents:  You  will  not  be  required 
to pay any Fee, including the Annual Fee, or any Interest 
until  after  the  date  that  you  first  sign  a  sales  slip  or 
memorandum.)  Except  as  provided  above,  to  the  extent 
not  prohibited  by  law  the  Annual  Fee  is  non-refundable 
unless,  in  the  case  of  a  renewal  Annual  Fee,  you  sent 
us  written  notice  of  termination  in  accordance  with  (and 
within the 30 day period specified in) our annual renewal 
notice sent to you prior to your Billing Cycle in which the 
renewal Annual  Fee  is  billed.  However,  if  we  close  your 
Account for a reason other than at your request and other 
than for your Default, as set forth in Section 11 above, you 
will be entitled to a pro-rata refund of the portion of your 
Annual Fee which corresponds to the remaining portion of 
the annual period for which the Annual Fee was imposed. 

14.  Termination. You  or  we  may  close  your Account  or 
terminate your privileges under this Agreement or cancel 
or limit your privileges to make Purchases or obtain Cash 
Advances  at  any  time,  with  or  without  cause,  subject  to 
applicable  notice  requirements.  If  you  or  we  terminate 
your  Account,  you  promise  that  any  amounts  that 
you owe us at  the  time  of  termination, plus any  new 
Purchases  or  Cash  Advances,  plus  any  Interest 
Charges, other Finance Charges and other Fees  and 
charges that will continue to be imposed at the rates 
and  in  the  amounts  specified  in  this Agreement,  will 
be  repaid  according  to  this  Agreement.  You  agree 
that  you  will  not  try  to  make  any  Purchases  or  obtain 
Cash  Advances  after  you  have  been  notified  that  your 
privileges  to  use  your  Account  have  been  canceled.  To 
terminate  your Account,  you  must  give  us  written  notice 
of  your  intent  to  terminate  your  Account  at  the  address 
for inquiries shown on your Billing Statement. Your notice 
of  termination  will  become  effective  as  soon  as  we  can 
reasonably  act on  it. If you or we close  your Account  for 
any reason, you authorize us, to the extent not prohibited 
by law, to apply all or any part of your funds in the Deposit 
Account  towards  all  amounts  owed  on  the  Account  or 
otherwise owed under this Agreement, as provided above 
under “Security Interest”. 

15.  Notices.  We  will  send  Billing  Statements  and  any 
other notices to you at the address shown in our files. You 
promise  to  inform  us  promptly  in  writing  of  any  change 
in  your address or other contact information. Any  written 
notice  from  you  to  us  regarding  this  Agreement  or  your 
Account  must  be  sent  to  us  at  First  Progress  Card,  PO 
Box  9053,  Johnson  City,  TN  37615-9053  or  call  us  toll 
free  at  1-866-706-5543,  or  to  such  other  address  as  we 
may give  you, and shall be effective only  when received 
by  us  at  such  address.  In  determining  your  last  known 
address,  we  can  accept  address  corrections  received 
from the U.S. Postal Service. 

16.  Changes  in  Agreement  Terms.  We  can  change 
any  term  of  this  Agreement,  including  the  rate  at  which 
or  manner  in  which  Interest  Charges  or  other  Finance 
Charges  or  Fees  are  calculated,  in  our  sole  discretion, 
upon  such  notice  to  you,  if  any,  as  is  required  by  law. 
Changes  in  Interest  Charges  or  other  Finance  Charges 
or Fees will apply to all new activity on your Account once 
the change is effective, and may apply to your outstanding 
balance when not prohibited by law. 

17. Arbitration. 
PLEASE READ THIS PROVISION OF THE AGREEMENT 
CAREFULLY.  UNLESS  YOU  EXERCISE  YOUR  RIGHT 
TO  OPT-OUT  OF  ARBITRATION  IN  THE  MANNER 
DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE 
WILL  BE  RESOLVED  BY  BINDING  ARBITRATION. 
ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO 
COURT,  INCLUDING  THE  RIGHT  TO  HAVE  A  JURY 
TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY 
BE  PROVIDED  FOR  IN  THE  ARBITRATION  RULES), 
AND  TO  PARTICIPATE  AS  A  REPRESENTATIVE  OR 
MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY 
CONSOLIDATED ARBITRATION PROCEEDING OR AS 
A  PRIVATE  ATTORNEY  GENERAL.  OTHER  RIGHTS 
THAT  YOU  WOULD  HAVE  IF  YOU  WENT  TO  COURT 
MAY ALSO BE UNAVAILABLE IN ARBITRATION. 

Agreement  to  Arbitrate.  You  and  we  agree  that  any 
Dispute  (defined  below)  will  be  resolved  by  Arbitration. 
This  agreement  to  arbitrate  is  governed  by  the  Federal 
Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive 
law  of  the  State  of  Georgia  (without  applying  its  choice- 
of-law rules). 

What  Arbitration  Is.  “Arbitration”  is  a  means  of  having 
an independent third party resolve a Dispute. A “Dispute” 
is any claim or controversy of any kind between you and 
us. The term Dispute is to be given its broadest possible 
meaning  and  includes,  without  limitation,  all  claims  or 
demands  (whether  past,  present,  or  future,  including 
events that occurred prior to the opening of this Account 
and  whether  or  not  a  credit  card  is  issued),  based  on 
any legal or equitable theory (contract, tort, or otherwise) 
and  regardless  of  the  type  of  relief  sought  (i.e.,  money, 
injunctive relief, or declaratory relief). A Dispute includes, 
by way of example and without limitation, any claim based 
upon  a  federal  or  state  constitution,  statute,  ordinance, 
regulation,  or  common  law,  and  any  issue  concerning 
the  validity,  enforceability,  or  scope  of  this  arbitration 
agreement. 

Opt-Out  of  Arbitration.  You  may  opt-out  or  reject 
arbitration  by  sending  a  notice  (“Rejection  Notice”) 
that  we  receive  within  forty-five  (45)  Business  Days 
after the Effective Date. Any Rejection Notice must be 
signed by you and must include your name, address, 
telephone number and last four digits of the Account 
number. 

 
 
 
 
 
 
 
 
 
 
Where  to  Send  Notice  to  Opt-out  of  Arbitration.  You 
must  mail  the  Rejection  Notice  by  certified  mail  return 
receipt requested or send it by messenger service (such 
as  Federal  Express)  to  us  at  First  Progress  Card,  PO 
Box  9053,  Johnson  City,  TN  37615-9053.  In  the  event 
of  any  dispute  concerning  whether  you  have  provided 
a  Rejection  Notice  within  the  time  permitted,  you  must 
provide a signed receipt confirming that you sent it to us 
in time. This is the only method you can use to reject this 
arbitration provision. 

How  Arbitration  Works.  If  a  Dispute  arises,  the  party 
asserting  the  claim  or  demand  must  initiate  arbitration, 
provided  you  or  we  may  first  try  to  resolve  the  matter 
informally  or 
through  customary  business  methods, 
including collection activity. The party filing for arbitration 
must  choose  either  of  the  following  arbitration  firms 
for  initiating  and  pursuing  arbitration:  the  American 
Arbitration Association (“AAA”) or JAMS, The Resolution 
Experts  (“JAMS”)  (collectively  “Administrators”).  If  the 
parties mutually agree,  a private party, such as a retired 
judge, may serve as the arbitrator. If you claim you have a 
Dispute with us, but do not initiate for arbitration or select 
an arbitrator, we may do so. You may obtain copies of the 
current rules of each of the arbitration firms and forms and 
instructions for initiating for arbitration by contacting them 
as follows: 

American  Arbitration  Association  335  Madison 
Avenue,  Floor  10  New  York,  NY  10017-4605 
Website: www.adr.org 
JAMS  1920  Main  Street  Suite  300  Irvine,  CA 
92614 Website: www.jamsadr.com 

The  policies  and  procedures  of  the  selected  arbitration 
firm will apply provided such policies and procedures are 
consistent  with  this  arbitration  agreement.  To  the  extent 
the arbitration firm’s rules or procedures are different than 
the  terms  of  this  arbitration  agreement,  the  terms  of  this 
arbitration agreement will apply. 

Waiver of Jury Trial and Class Action Waiver. Unless 
you  opt-out  of  arbitration,  which  you  have  the  right 
to  do  as  described  above,  you  are  waiving  your 
right  to  a  jury  trial,  to  have  a  court  decide  your 
Dispute,  to  participate  in  a  class  action  lawsuit  or 
class  arbitration, and  to  certain  discovery  and  other 
procedures that are available in a lawsuit. You and we 
agree  that  the  arbitrator  has  no authority to conduct 
class-wide  proceedings  and  is  only  authorized  to 
resolve  the  individual Disputes  between you and  us. 
The  validity,  effect,  and  enforceability  of  this  waiver 
of  class  action  lawsuit  and  class-wide  arbitration,  if 
challenged, are to be determined solely by a court of 
competent  jurisdiction  and  not  by  the  AAA,  JAMS, 
or  the  arbitrator.  If  such  court  refuses  to  enforce 
the  waiver  of  class-wide  arbitration, the  Dispute  will 
proceed  in  court.  The  arbitrator  has  the  ability  to 
award  all  remedies  available  by  statute,  at  law, or  in 
equity to the prevailing party including but not limited 
to attorneys fees and costs. 

Starting the Arbitration. Any party to a Dispute, including 
related  third  parties,  may  send  the  other  party  written 
notice by certified mail, return receipt requested, of their 
intent  to  arbitrate  and  setting  forth  the  subject  of  the 
dispute  along  with  the  relief  requested,  even  if  a  lawsuit 
has been filed. 

Selection  of  Arbitrator.  Regardless  of  who  demands 
arbitration,  you  shall  have  the  right  to  select  either  the 
American Arbitration Association  or  JAMS.  Their  contact 
information  is  above.  However,  the  parties  may  agree 
to  select  a  local  arbitrator  who  is  an  attorney,  retired 
judge,  or  arbitrator  registered  and  in  good  standing 
with  an  arbitration  association  and  arbitrate  pursuant 
to  such  arbitrator’s  rules.  The  party  receiving  notice  of 
arbitration  will  respond  in  writing  by  certified  mail,  return 
receipt requested, within twenty (20) days. If you demand 
arbitration,  you  must  inform  us  in  your  demand  of  the 
arbitration  organization  you  have  selected  or  whether 
you  desire  to  select  a  local  arbitrator.  If  related  third 
parties  or  we  demand  arbitration,  you  must  notify  us 
within twenty (20) days in writing by certified mail, return 
receipt  requested,  of  your  decision  to  select  one  of  the 
Administrators or your desire to select a local arbitrator. If 
you fail to notify us, then we have the right to select one of 
the Administrators. In the event that both of the Arbitration 
organizations mentioned above will not appoint someone 
to  serve  as  an  arbitrator  for  the  Dispute  because  these 
organizations no longer administer the type of Dispute or 
otherwise,  either  party  can  petition  a  court  of  competent 
jurisdiction to have the court appoint the arbitrator. 

What  Rules  Apply  to  the  Arbitration.  The  arbitrator 
shall  apply  applicable  substantive  law  consistent  with 
the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”), 
applicable statutes of limitation, and shall honor claims of 
privilege  recognized  at  law.  The  parties  to  such  Dispute 
will  be  governed  by  the  rules  and  procedures  of  the 
Administrator  selected  applicable  to  consumer  disputes 
to the extent those rules and procedures do not contradict 
the  express  terms  of  this Arbitration  Provision,  including 
the limitations on the arbitrator in this Arbitration Provision. 
You  may  obtain  a  copy  of  the  rules  and  procedures  by 
contacting the arbitration organization listed above 

Other Arbitration Rules. In addition to the parties’ rights 
to obtain discovery  pursuant to  the applicable arbitration 
rules,  either  you  or  us  may  submit  a  written  request  to 
the  arbitrator  to  expand  the  scope  of  discovery  normally 
allowed  under  the  rules  of  the  Administrator  selected. 
The  arbitrator  shall  have  discretion  to  grant  or  deny 
such  request. The  arbitrator may  decide,  with  or  without 
a  hearing,  any  motion  that  is  substantially  similar  to  a 
motion to dismiss for failure to state a claim or a motion 
for  summary  judgment.  In  conducting  the  arbitration, 
the  arbitrator  shall  not  apply  any  federal  rules  of  civil 
procedure or evidence. 

Payment of Arbitration Fees. If you demand arbitration, 
then  at  your  request  we  will  pay  your  portion  of  the 

 
 
 
 
 
 
 
 
 
 
 
 
expenses  associated  with  the  arbitration,  including  the 
fling,  administrative,  hearing  and  arbitrator’s  fees  but 
not  attorneys’  fees  or  costs  (collectively  the  “Arbitration 
Fees”).  If  related  third  parties  or  we  demand  arbitration, 
then at your written request we will pay your portion of the 
Arbitration  Fees.  Throughout  the  arbitration,  each  party 
shall  bear  his  or  her  own  attorneys’ fees  and  expenses, 
such  as  witness  and  expert  witness  fees  provided  that 
we will pay your attorney’s fees and costs if the arbitrator 
determines  that  under  the  law  we  are  required  to  pay 
them. 

Location  of  Arbitration.  The  arbitration  hearing  will  be 
conducted  in  the  county  of  your  residence,  within  30 
miles from such county, or in such other place as shall be 
ordered by the arbitrator. 

Survival. This arbitration provision shall survive: 
(1) termination or changes to this Agreement, the Account, 
or  the  relationship  between  you  and  us  concerning  the 
Account; 
(2) the bankruptcy of any party; and 
(3)  any  transfer,  sale,  or  assignment  of  your Account,  or 
any amounts owed on your Account, to any other person 
or entity. 

Applicable Law and Review of Arbitrator’s Award. 
The arbitrator shall apply applicable federal and Georgia 
substantive   law   and   the   terms   of   this   Agreement. 
The  arbitrator  must  apply  the  terms  of  this  arbitration 
agreement,  including  without  limitation  the  waiver  of 
class-wide  arbitration.  The  arbitrator  shall  make  written 
findings  and  the  arbitrator’s  award  may  be  fled  with  any 
court  having  jurisdiction.  The  arbitration   award  shall 
be  supported  by  substantial  evidence  and  must  be 
consistent  with  this  Agreement  and  with  applicable  law, 
and if it is not, it may be set aside by a court. The parties 
shall  have,  in  addition  to  the  grounds  referred  to  in  the 
Federal  Arbitration  Act  (“FAA”)  for  vacating,  modifying, 
or  correcting  an  award,  the  right  to  judicial  review  of  (a) 
whether the findings of fact rendered by the arbitrator are 
supported  by  substantial  evidence,  and  (b)  whether  the 
conclusions  of  law  are  erroneous  under  the  substantive 
law  of  the  State  of  Georgia  and  applicable  federal  law. 
Judgment  confirming  an  award  in  such  a  proceeding 
may be entered only if a court determines that the award 
is  supported  by  substantial  evidence  and  is  not  based 
on  legal  error  under  the  substantive  law  of  the  State  of 
Georgia and applicable federal law. 

18. Law that Applies to this Agreement. This Agreement 
is  entered  into  between  you  and  us  in  Georgia,  and  our 
decisions  regarding  the  extension  of  credit  to  you  are 
made in Georgia. Federal and Georgia law (other than its 
internal conflict of laws rules) will apply to any controversy, 
claim,  or  Dispute  arising  from  or  relating  in  any  way  to 
the  subject  matter  of  this Agreement  and  your Account, 
including,  without  limitation,  statutory,  equitable,  and  tort 
claims. 

19. Binding Effect. This Agreement is binding upon and 

enforceable against your heirs, legal representatives, and 
successors. 

20.  Severability.  If  any  provision  of  this  Agreement, 
including  any  portion  of  the  arbitration  agreement  set 
forth  above  in  Section  17,  is  determined  to  be  invalid 
or  unenforceable  under  any  rule,  law,  or  regulation,  the 
validity  or  enforceability  of  any  other  provision  of  this 
Agreement  shall  not  be  affected,  and  in  lieu  of  such 
invalid  or  unenforceable  provision  there  shall  be  added 
automatically,  as  part  of  this  Agreement,  a  provision 
as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible. Notwithstanding the foregoing, if a class action 
litigation  or  a  class-wide  arbitration  is  permitted  for  any 
reason,  either  party  may  require  that  the  entire  Dispute, 
as  defined  in  Section  17  above,  be  heard  by  a  judge, 
sitting  without  a  jury,  under  applicable  court  rules  and 
procedures. 

21. Foreign Currency Conversion Rate.  If  you effect a 
transaction at a merchant that settles in a currency other 
than U.S. dollars, MasterCard will convert the charge into 
a  U.S.  dollar  amount.  MasterCard’s  currency  conversion 
procedure includes use of either a government-mandated 
exchange rate, or a wholesale exchange rate selected by 
MasterCard,  and  the  government-mandated  exchange 
rate  or  wholesale  exchange  rate  MasterCard  uses  for  a 
particular  transaction  is  the  rate  MasterCard  selects  for 
the  applicable  currency  on  the  day  the  transaction  is 
processed,  which  may  differ  from  that  applicable  to  the 
date the transaction occurred or when it is posted to the 
cardholder’s Account. 

22.  Credit  Reporting  Information.  Because  you  have 
requested  a  Card,  we  are  entitled  under  applicable 
law,  including  the  Fair  Credit  Reporting  Act,  to  obtain 
information  about  you  from  a  credit  reporting  agency. 
We  may  also  verify  your  credit  references  and  other 
information that you provide to us. We may obtain updated 
or  additional  information  about  you,  including  consumer 
reports,  from  time  to  time  for  any  legitimate  purpose 
including,  but  not  limited  to,  the  extension  of  credit  to 
you  or  the  review  or  collection  of  your Account.  We  will 
report  information  about  your  account  to  credit  bureaus. 
Late  payments,  missed  payments,  or  other  defaults  in 
your account may be reflected in your credit report. If you 
believe that our report is inaccurate or incomplete, please 
write us at the following address: First Progress Card, PO 
Box 9053, Johnson City, TN 37615-9053. 

23.  Call  Monitoring/Recording.  You  authorize  us  and 
any  third  party  servicing  your  Account  to  listen  to  and 
record telephone calls between you and us and telephone 
calls between you and any third party service provider, in 
order  to  evaluate  the  quality  of  service  or  for  any  other 
lawful purpose. 

24.  Servicing Account. You  authorize  us  or  any  of  our 
agents to contact you at any of the telephone numbers you 
have listed on your credit application or any other number 
you provide to us, including a ported landline, regarding 

 
 
 
 
 
 
 
 
 
 
 
 
payments  due  or  other  information  about  your  Account. 
You authorize us to leave a message with a person or on 
a voice mail service that answers the numbers you have 
provided to us. You also authorize us to send U.S. postal 
mail or email to the addresses you provide to us on your 
credit application or otherwise. We can also contact other 
persons you have listed on your credit application to find 
out information about  you  and how to contact  you in the 
event we are unsuccessful in contacting you as described 
above. If you have agreed to accept text messages from 
us  on  your  mobile,  cellular  telephone  or  similar  devices, 
we  can  contact  you  using  text  messages.  You  authorize 
us  to  call  using  an  automated  telephone  dialing  system 
and/or  prerecorded  messages.  You  also  authorize  us  to 
send you emails to any address where we can reasonably 
believe we can contact you. You may be charged by your 
wireless provider to receive text messages. 

features, 

25.  Other  Services.  You  understand  that  from  time 
to  time  we  may  partner  with  third  parties  to  offer  you 
additional 
services  and  enhancements, 
including,  but  not  limited  to,  credit  protection,  credit  life, 
disability  or  unemployment  insurance,  common  carrier 
travel insurance, credit card registration for lost or stolen 
credit  cards,  emergency  cash  service,  address  change 
service, and other travel related services. You understand 
that  we  are  not  liable  for  these  features,  services,  and 
enhancements,  and  they  are  the  sole  responsibility  of 
the  third  parties.  You  agree  to  hold  us  harmless  from 
any claims, actions, or damages resulting from  your use 
of  any  of  these  features,  enhancements,  or  services, 
when permitted by applicable law. If you elect any of the 
foregoing, you authorize us to charge the premium or fee 
to the Account as a Purchase. 

26.  Sale/Assignment/Transfer. We  may  sell,  assign,  or 
transfer all or any portion of your Account or any balances 
due  under  your Account  without  prior  notice  to  you.  You 
may not sell, assign, or transfer your Card or your Account 
or any of your obligations under this Agreement. 

27.  Entire  Agreement.  This  Agreement,  including  the 
accompanying  Summary  of  Terms,  together  with  your 
Application, constitutes the final and complete expression 
of the credit agreement between you and us relating to your 
Account and supersedes and may not be contradicted by 
evidence  of  any  prior,  contemporaneous,  or  subsequent 
oral credit agreement between you and us relating to your 
Account. 

28.  USA  Patriot  Act.  To  help  the  government  fight  the 
funding  of  terrorism  and  money  laundering  activity, 
Federal  law  requires  all  financial  institutions  to  obtain, 
verify  and  record  information  that  identifies  each  person 
who opens an Account. 

What  this  means  to  you:  When  you  open  an  Account 
we  will  ask  you  for  your  name,  address,  social  security 
number, date of birth and other information that will allow 
us to identify you. 

29.  How  to  Contact  Us.  For  general  inquiries  we  can 
be  reached  in  writing  at:  First  Progress  Card,  PO  Box 
9053,  Johnson  City,  TN  37615-9053.  Or,  you  can  call 
our  Customer  Service  Department  at  1-866-706-5543. 
Payments should be mailed to the address listed on your 
Billing Statement. 

Your  Billing  Rights:  Keep  this  Document  for  Future 
Use 
This  notice 
responsibilities under the Fair Credit Billing Act. 

tells  you  about  your  rights  and  our 

What To Do If You Find a Mistake on Your Statement 
If  you  think  there  is  an  error  on  your  statement,  write  to 
us at: 

Synovus Bank 
PO Box 9053, Johnson City, TN 37615-9053 

In your letter, give us the following information: 
•   Account information: Your name and the last four digits 
of the account number. 
•  Dollar  amount:  The  dollar  amount  of  the  suspected 
error. 
•   Description of problem: If you think there is an error on 
your bill, describe what you believe is wrong and why you 
believe it is a mistake. 

You must contact us: 
•  Within  60  days  after  the  error  appeared  on  your 
statement. 
•   At least 3 business days before an automated payment 
is scheduled, if you want to stop payment on the amount 
you think is wrong. 

You must notify  us of any  potential errors in writing. You 
may call us, but if you do we are not required to investigate 
any potential errors and you may have to pay the amount 
in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1.     Within  30  days  of  receiving  your  letter,  we  must 
tell  you  that  we  received  your  letter.  We  will  also  tell 
you if we have already corrected the error. 
2.     Within  90  days  of  receiving  your  letter,  we  must 
either correct the error or explain to you why we believe 
the bill is correct. 

While  we  investigate  whether  or  not  there  has  been  an 
error: 
• We cannot try to collect the amount in question, or report 
you as delinquent on that amount. 
• The charge in question may remain on your statement, 
and  we  may  continue  to  charge  you  interest  on  that 
amount. 

• While  you  do  not  have  to  pay  the  amount  in  question, 
you are responsible for the remainder of your balance. 
•  We  can  apply  any  unpaid  amount  against  your  credit 
limit. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
After  we  finish  our  investigation,  one  of  two  things  will 
happen: 

report you as delinquent. 

•    If  we  made  a  mistake:  You  will  not  have  to  pay  the 
amount in question or any interest or other fees related to 
that amount. 

•   If we do not believe there was a mistake: You will have 
to  pay  the  amount  in  question,  along  with  applicable 
interest  and  fees.  We  will  send  you  a  statement  of  the 
amount  you  owe  and  the  date  payment  is  due.  We may 
then report you as delinquent if you do not pay the amount 
we think you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill 
is  wrong,  you  must  write  to  us  within  10  days  telling 
us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot 
report  you  as  delinquent  without  also  reporting  that  you 
are  questioning  your  bill.  We  must  tell  you  the  name  of 
anyone to whom we reported you as delinquent, and we 
must  let  those  organizations  know  when  the  matter  has 
been settled between us. 

If we do not follow all of the rules above, you do not have 
to  pay  the  first  $50  of  the  amount  you  question  even  if 
your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit 
Card Purchases 
If you are dissatisfied with the goods or services that you 
have purchased with your credit card, and you have tried 
in  good  faith  to  correct  the  problem  with  the  merchant, 
you may have the right not to pay the remaining amount 
due on the purchase. 
To use this right, all of the following must be true: 

1.   The   purchase   must   have   been   made   in   your 
home state or within 100 miles of your current mailing 
address,  and  the  purchase  price  must  have  been 
more  than  $50.  (Note:  Neither  of  these  are 
necessary  if  your  purchase  was  based  on  an 
advertisement  we mailed to  you, or  if  we own the 
company that sold you the goods or services.) 

2.  You  must  have  used  your  credit  card  for  the 
purchase.  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: 

Synovus Bank 
PO Box 9053, Johnson City, TN 37615-9053 

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 

STATE NOTICES 
SERVICE  CHARGES  NOT  IN  EXCESS  OF  THOSE 
PERMITTED  BY  LAW  WILL  BE  CHARGED  ON  YOUR 
OUTSTANDING BALANCE FOR EACH BILLING CYCLE. 

YOU  MUST  MAINTAIN  A  DEPOSIT  ACCOUNT  AS 
SECURITY FOR THIS  CREDIT CARD ACCOUNT, AND 
SHALL  GRANT  US  A  SECURITY  INTEREST  IN  THIS 
DEPOSIT ACCOUNT. 

CALIFORNIA  RESIDENTS:  A  married  applicant  may 
apply for a separate account. 

CALIFORNIA   AND   NEVADA   RESIDENTS:   Pursuant 
to  this  Agreement,  interest  is  compounded  on  unpaid 
amounts. 

MARYLAND  RESIDENTS:  Finance  Charges  will  be 
imposed  in  amounts  or  at  rates  not  in  excess  of  those 
permitted by law. You have the right under Section 12-510 
of  the  Commercial  Law  Code  to  receive  an  answer  to  a 
written inquiry concerning the status of your account. 

NEW JERSEY RESIDENTS: Because certain provisions 
of  this  Agreement  are  subject  to  applicable  law,  they 
may  be  void,  unenforceable  or  inapplicable  in  some 
jurisdictions. None of these provisions, except for clause 
(g)  of  Section  11,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

OHIO RESIDENTS: The Ohio laws against discrimination 
require  that  all  creditors  make  credit  equally  available 
to  all  credit  worthy  customers,  and  that  credit  reporting 
agencies  maintain  separate  histories  on  each  individual 
upon request. The Ohio civil rights commission administers 
compliance with this law. 

NOTICE TO THE BUYER 

1.  DO  NOT  SIGN  THIS  CREDIT  AGREEMENT 
BEFORE  YOU  READ  IT  OR  IF  IT  CONTAINS 
ANY BLANK SPACES. 

2.   YOU   ARE   ENTITLED   TO   A   COMPLETELY 
FILLED IN COPY OF THIS CREDIT AGREEMENT. 
3.   YOU MAY AT ANY TIME PAY MORE THAN THE 
MINIMUM  PAYMENT,    OR    YOUR     ENTIRE 
BALANCE IN FULL WITHOUT INCURRING ANY 
ADDITIONAL CHARGE FOR PREPAYMENT. 

INSTALMENT 

NEW  YORK  RESIDENTS:  RETAIL 
CREDIT AGREEMENT 
CARDHOLDER:  Your  signature 
(including  any 
electronic  or  digital  signature)  on  any  Application  or 
on  any  sales  slip or  other  evidence  of  indebtedness 
on  your Account  or  any  action that  you  may  take  to 
begin  a transaction  represents  your  signature  on  this 
Agreement.