CARDHOLDER AGREEMENT 

This  CARDHOLDER  AGREEMENT  (“Agreement”)  and  the  Account-Opening  Disclosure  accompanying  this  Agreement  contain  the 
credit and payment terms and conditions for the credit card (“Card”) issued to  you by the issuing financial  institution. It replaces  any 
previous  terms  provided  to  you  for  your  Card.    Please  note  that  some  terms  vary  depending  on  the  Card  type  and  on  the  issuing 
financial institution and those terms are controlled by the Account-Opening Disclosure.  In this Agreement, the words “you” and “your” 
refer to each person (individually, and jointly if more than one) who is issued a Card or is authorized to access the credit card account 
(“Account”) that is established at your request. The words “we,” “us” and “our” refer to the issuing financial institution, its successors 
and assigns.  

You will be deemed to have accepted the Card and the terms and conditions of this Agreement if you sign the back of the Card or use 
the Card. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE. 

1. 
USING YOUR CARD.  You may use your Card to obtain goods or services from merchants everywhere it is accepted (each a 
“Purchase”). You may use your Card only for personal, family or household purposes. You may also have outstanding balances owed 
on other credit cards transferred to your Card (each a “Balance Transfer”).  A transaction fee may be assessed on Balance Transfers.  
If  you  are  assessed  a  transaction  fee,  it  will  be  added  to  other  amounts  which  are  subject  to  an  INTEREST  CHARGE,  as  described 
below, in the same manner as Purchases. 

You may also use your Card to obtain a loan from your Account by presenting it to any institution that accepts the Card for that 
purpose or you may use your Card to make a withdrawal of cash at an automated teller machine (ATM).  Each of these transactions is 
treated as a “Cash Advance” on your Account.  We may in our discretion consider certain transactions to be the equivalent of Cash 
Advances, and we reserve the right to treat them as Cash Advances under this Agreement. Those transactions may include: using the 
Card or Account to purchase wire transfers, money orders, money orders that are not issued by a financial institution or are not in U.S. 
currency,  traveler’s  or  convenience  checks,  casino  gaming  chips,  lottery  tickets,  off-track  betting,  wagers  at  race  tracks,  and  tax 
payments. A transaction fee may be assessed on transactions considered Cash Advances. If you are assessed a transaction fee or an 
access fee or surcharge at an ATM to perform a Cash Advance with your Card, these fees will be added to other amounts which are 
subject to an INTEREST CHARGE, as described below, in the same manner as Cash Advances. 

We are not responsible if anyone refuses to honor the Card or for any failure of an ATM to process a Cash Advance request. 

We will have no responsibility for merchandise or services purchased with the Card, unless purchased from us.  

2. 
PROMISE TO PAY.  In return for our extending credit to you on this Account from time to time, you promise to pay us in U.S. 
dollars the total amount of all Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, and other fees or charges that 
may be due as shown on your Periodic Statement. If you pay in other than U.S. dollars, except where prohibited by applicable law, we 
may refuse to accept the payment or we may charge your Account the costs to convert your payment to U.S. dollars. Payment by check 
must  be  drawn  on  funds  on  deposit  in  the  U.S.  To  the  extent  permitted  by  applicable  law,  we  can  accept  late  payments,  partial 
payments, or checks and money orders marked “Payment in Full” without losing any of our rights under this Agreement, and you agree 
to  our  reservation  of  rights  under  such  circumstances.  Payments  received  by  5:00PM  CT  at  the  address  shown  on  the  Periodic 
Statement on a business day will be credited to your Account on the date received. Payments received after 5:00PM CT or on a non-
business  day  (Saturday/Sunday/Holiday)  will  be  credited  to  your  Account  on  the  next  business  day.  Certain  of  our  locations  accept 
credit card payments.  If you make a payment before 5:00PM CT at one of those locations, it will be credited on that day. 

3. 
CREDIT  LIMIT.    Your  credit  limit  is  stated  on  the  Card  carrier  you  received  with  the  Card  and  will  be  disclosed  on  your 
Periodic  Statement.  The  total  amount  of  all  Cash  Advances  on  your  Account  may  be  limited  by  a  cash  advance  limit,  which  may  be 
smaller than the total credit limit on your Account. We may increase or decrease your credit limit and/or cash advance limit anytime, 
and will provide notice to you if required by applicable law.  You may contact us if you would like us to consider increasing your credit 
limit.  Write us at BANCARD Services, PO Box 3038, Evansville, Indiana 47730-3038 or call us at 309-736-3740 or 1-877-954-0190.  
We will make that decision based on your credit and payment history. 

We will only permit you to use your Account for more than your credit limit if we authorize the transaction and you expressly 
elect to complete the transaction that will go over your credit limit.  You will still be responsible for paying us the amount over your credit 
limit without limiting any of our rights under this Agreement.  If you exercise your right to exceed your credit limit, we may charge you an 
over limit fee, if shown on the Account-Opening Disclosure.  We may also suspend your Account privileges or cancel your Account as 
described below. 

4. 
PERIODIC  STATEMENT.      Each  month  that  there  is  an  outstanding  balance  on  your  Account,  we  will  send  you  a  Periodic 
Statement  as  of  the  closing  date  of  your  billing  cycle.  Purchases,  Balance  Transfers,  Cash  Advances,  payments,  INTEREST 
CHARGES and other fees and charges, and any adjustments or credits posted to your Account since the closing date of your previous 
statement will appear on your Periodic Statement. You must pay at least the Minimum Payment Due by the Payment Due Date shown 
on the statement. The Payment Due Date is the same day of each month, at least 25  days after the  closing date of the billing cycle 
appearing on the Periodic Statement.  

Payments and credits will be applied on your Account in the following order: First, your Minimum Payment Due will be applied 
at our discretion; Second, any other amounts you paid will be applied to the Card balance with the highest Interest Rate and then to 
balances at successively lower rates. 

You may also view your transactions on your Card periodically at www.bancardservicesonline.com. 

MINIMUM PAYMENT DUE.   You may pay all or any part of your outstanding balance at any time. However, you must pay at 
5. 
least  the  Minimum  Payment  Due  by  the  Payment  Due  Date  reflected  on  each  Periodic  Statement,  even  if  you  paid  more  than  the 
Minimum Payment Due in any previous month. In all cases, the Minimum Payment Due will be rounded to the next highest whole dollar 
amount and reflected as such on each Periodic Statement.  Any past due amount and/or any amount exceeding your credit limit may be 
included in the Minimum Payment Due. 

6. 
INTEREST  CHARGES.    We  will  impose  an  INTEREST  CHARGE  on  each  balance  within  each  Account  type  (Purchases, 
including Balance Transfers, and Cash Advances) by applying a Monthly Periodic Rate (MPR) to the “Average Daily Balance”, which 

 
is shown on  your Periodic Statement, and  by  assessing certain fees  which are  explained below. We  may charge interest at different 
rates  for  our  two  types  of  Account  transactions:  Purchases  (including  Balance  Transfers)  and  Cash  Advances.  The  MPR  and  the 
Interest Rate , expressed as an Annual Percentage Rate (APR), will appear on the Account-Opening Disclosure.  

PURCHASES  AND  BALANCE  TRANSFERS.   An  INTEREST  CHARGE  will  be  imposed  on  Purchases,  including  current 
transactions  and  including  Balance  Transfers,  if  you  did  not  pay  in  full  the  Previous  Balance  as  shown  on  your  current  Periodic 
Statement by the Payment Due Date. No INTEREST CHARGE will be imposed on Purchases and Balance Transfers in the next billing 
cycle  if  you  pay  in  full  the  New  Balance  by  the  Payment  Due  Date  as  shown  on  your  current  Periodic  Statement.  If  imposed,  all 
INTEREST  CHARGES  are  computed  for  current  transactions  from  the  date  of  posting.  We  figure  the  INTEREST  CHARGE  on  the 
Purchases and Balance Transfers on your Account by applying the Purchase Interest Rate to the Average Daily Balance of Purchases 
and Balance Transfers on your Account (including current transactions). 

CASH  ADVANCES.    An  INTEREST  CHARGE  is  imposed  on  all  Cash  Advances,  including  current  transactions,  from  the 
posting date of each Cash Advance transaction. There is no grace period for payment of Cash Advances. The INTEREST CHARGE is 
imposed as long as any Cash Advance remains unpaid. We figure the INTEREST CHARGE on the Cash Advances on your Account by 
applying  the  Cash  Advance  Interest  Rate  to  the  Average  Daily  Balance  of  Cash  Advances  on  your  Account  (including  current 
transactions).  

AVERAGE  DAILY  BALANCE.    To  get  the  “Average  Daily  Balance”  we  take  the  beginning  balance  of  your  Account  type  each 
day, add any new transactions made that day and any debit adjustments, then subtract any payments or credits. This gives us the daily 
balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This 
gives  us  the  “Average  Daily  Balance”,  including  current  transactions.  We  make  this  calculation  separately  for  Purchases  (including 
Balance  Transfers)  and  for  Cash  Advances.  There  will  be  a  Minimum  INTEREST  CHARGE  of  $.50  in  any  billing  cycle  in  which  the 
INTEREST CHARGE resulting from application of the MPR would be less than $.50.  

INTEREST RATE.  For the first six (6) months after the Card is issued, there may be an introductory Interest Rate for Purchases 
and Balance Transfers as shown on the Account-Opening Disclosure.  After six (6) months, the Interest Rate for Purchases and Balance 
Transfers  changes  to  a  fixed  or  variable  rate  as  described  below  and  as  shown  on  the  Account-Opening  Disclosure.    There  is  no 
introductory Interest Rate for Cash Advances.  

If your Account has a fixed Interest Rate, it will be shown as such on the Account-Opening Disclosure. If it has a variable Interest 
Rate, that is determined by adding a margin to the highest Prime Rate reported in the Money Rates Section of the Midwest Edition of the 
Wall Street Journal (WSJ) on the date provided on the Account-Opening Disclosure.  Depending on your Card, these adjustments may be 
monthly or quarterly (January, April, July, and October of each year), semi-annually or annually.  The margins we apply are disclosed in 
the Account-Opening Disclosure provided to you with your Card. The margins are generally lower for Purchases and Balance Transfers 
than for Cash Advances. 

If the Prime Rate increases, the MPR and corresponding APR will increase accordingly on variable rate Cards, or, if the Prime 
Rate decreases, the MPR and corresponding APR will decrease accordingly. Any such increase or decrease will take effect at the start of 
the  full  Periodic  Statement  billing  cycle  during  which  the  rate  change  occurred.  Any  balance  outstanding  prior  to  the  current  cycle  is 
subject to the rate in effect when the interest is calculated. An increase in the APR  will result in increased INTEREST CHARGES. The 
increase may result in an increase to your Minimum Payment Due. 

COMPOUNDING  INTEREST.    To  the  extent  permitted  by  applicable  state  law,  on  a  monthly  basis,  unpaid  INTEREST 
CHARGES  will  be  compounded  and  unpaid  INTEREST  CHARGES  and  other  unpaid  charges  will  be  consolidated  into  your  Account 
balance. In this way, unpaid INTEREST CHARGES and other unpaid charges from prior billing cycles will be subject to and included in, 
the calculation of the new INTEREST CHARGES. 

7.  
AUTHORIZATION FOR ELECTRONIC DEBIT.  When you provide a check for payment, you authorize us to use information 
from your check to make an electronic fund transfer from your checking account or to process the payment as a check transaction.  If 
we  process  your  check  electronically,  funds  may  be  withdrawn  from  your  bank  account  as  soon  as  the  same  day  we  receive  your 
check. 

8.  
LOST  OR  STOLEN  CARDS.   If  you  notice  the  loss  or  theft  of  your  Card or  a  possible  unauthorized  use  of  your  Card,  you 
should write to us immediately at: BANCARD Services, PO Box 3038, Evansville, Indiana 47730-3038 or call us at 309-736-3740 or 
1-877-954-0190.    You  will  not  be  liable  for  any  unauthorized  use  that  occurs  after  you  notify  us.  You  may,  however,  be  liable  for 
unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.   

You  may  authorize  others  to  use  your  Account.    You  promise  to  pay  for  all  Purchases,  Balance  Transfers  and  Cash  Advances 
made by anyone you authorize to use your Account with or without a Card, whether or not you notify us that he or she will be using the 
Account and whether or not he or she exceeds any limits imposed by you on his or her use of the Card. If another person has use of 
your Account and you want to end that person’s privilege, you must notify us in writing. In order to avoid unauthorized use, you should 
recover and return to us cut in half, any Card in that person’s possession. 

Under Visa’s zero liability policy: you must reasonably demonstrate that you exercised reasonable care in safeguarding your Card 
from risk of loss and theft; your Card must be in good standing (e.g., not presently or recently overdrawn, and not presently or recently 
under suspicion of possible illegal or suspicious use); and we cannot have received more than one other report of unauthorized use of 
your Card in the last 12 months.  

Under  MasterCard’s  zero  liability  policy:  you  must  reasonably  demonstrate  that  you  exercised  reasonable  care  in  safeguarding 
your Card from risk of loss and theft; your Card must be in good standing (e.g., not presently or recently overdrawn, and not presently 
or recently under suspicion of possible illegal or suspicious use); and we cannot have received two or more reports of unauthorized use 
of your Card in the last 12 months. This policy will not apply if a PIN was used as the Cardholder verification method for unauthorized 
transactions.  

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9. 
DEFAULT.  We  may  consider  your  Account  in  default  if  any  of  the  following  events  occur:  (a)  you  fail  to  make  a  required 
payment when due or when delinquent as determined by applicable state law; (b) you use this Account or Card in excess of the credit 
limit; (c) you make any material representation to induce us to extend credit which proves untrue; (d) you breach any of the terms of this 
Agreement; or (e) your death, incompetence, bankruptcy, insolvency, fraud or misrepresentation. To the extent not prohibited by law, if 
you are in default, you will pay our collection costs, attorney fees, court costs and all other expenses of enforcing our rights under this 
Agreement. If we determine that an event of default has occurred, we shall have such rights and remedies as are available to a creditor 
under any applicable federal or state law, including but not limited to the right to close your Account, revoke the privileges attaching to 
any or all cards, accelerate payment and demand the total outstanding balance to be paid. We do not have to notify you or demand 
payment to take these actions, unless applicable law requires that we give notice of a right to cure your default. 

10. 
AMENDMENTS AND CHANGE IN TERMS.   We have the right to change the terms of this Agreement from time to time. We 
have the right to apply the new terms to the outstanding balance of your Account as of the effective date of the change, to the extent 
permitted by applicable law. If we make any change, we will give you a written notice as required by applicable law. We will give you 60 
days advance written notice of:  (a) a change in APR or minimum interest charge; (b) a grace period change; (c) a change in any of the 
fees; (d) a change in the balance computation method; and (e) an increase in the Minimum Payment Due.   

You  have  the  right  to  reject  any  change  before  it  becomes  effective  by  writing  us  at  BANCARD  Services,  PO  Box  3038, 
Evansville, Indiana 47730-3038, unless you fail to pay the Minimum Payment Due within 60 days of the Payment Due Date.  If you 
reject the change prior to its effective date, we will not apply the increase or make the change to your outstanding balance.  However, 
we may apply the change to any transaction that occurs more than 14 days after the date of the notice.  As a condition to accepting 
your notice of non-acceptance we may require that you return all Cards to us. If you reject the change, you will be permitted to repay 
the outstanding balance as of the effective date of the change under the terms of your Agreement in effect when we gave you notice of 
the change.   We  will not impose a fee or  charge as a result of  your rejection of the change and  we  will not treat  your Account as in 
default solely for that reason. 

Unless  you reject the change  within 60 days of the  date  we mailed our  notice, the change  will be made. Such change may 

become effective as to your Account on the first day of the billing cycle during which the effective date stated in our notice occurs.  

11. 
ANNUAL MEMBERSHIP FEE.  An Annual Membership Fee may be charged to your Account for the privilege of having the 
Card  as  shown  on  the  Account-Opening  Disclosure.    Any  such  charge  would  be  subject  to  an  INTEREST  CHARGE  in  the  same 
manner as Purchases. The Annual Membership Fee is payable whether or not you use the Card.  

12.  
SERVICE  FEES.    We  may  charge  you  a  reasonable  charge  for  photocopies  and  reprints  of  Account  and  transaction 
documents which you may request and for other special services as allowed by law. We may assess a charge not to exceed $20 per 
hour,  or  for  any  portion  thereof,  for  research  performed  on  your  account  per  your  request,  whether  performed  by  us  or  our  service 
provider. Any such charge would be subject to an INTEREST CHARGE in the same manner as Purchases. 

CURRENCY  CONVERSION  RATE.    When  making  Purchases,  including  Balance  Transfers,  receiving  Cash  Advances,  or 
13. 
making payments in foreign currency, the exchange rate will be the rate of the processing bank on the day it is processed by them, and 
this  exchange  rate  may  not  necessarily  be  the  same  rate  quoted  to  you  by  the  merchant  on  the  date  of  Purchase.  Your  Periodic 
Statement will reflect the exchange rate applied. 

OVER LIMIT, RETURNED CHECK, LATE PAYMENT, AND OTHER FEES. The following fees may be assessed as specified 
14. 
below. The amounts are disclosed in the Account-Opening Disclosure provided to you with your Card. If any such fee is imposed, the 
unpaid amount may be subject to an INTEREST CHARGE in the same manner as Purchases. 

OVER LIMIT. For any billing cycle in which you exercise the right to exceed your credit limit, you may be charged, if shown on 
the Account-Opening Disclosure, and you agree to pay us, an Over Limit Fee. You owe this fee even if we authorize the transaction 
which causes your Account to exceed its credit limit. Any Over Limit Fee, and the amount exceeding your credit limit, will be added to 
your Account balance, and the amount exceeding your credit limit may be added to the Minimum Payment Due for the current billing 
cycle. Any Over Limit Fee we charge will only be imposed once per billing cycle and, if your Account remains over the credit limit, once 
in each of only 2 subsequent billing cycles, unless you have obtained an additional extension of credit in excess of your credit limit, in 
which event, similar fees may be imposed. 

RETURNED CHECK. We will charge you a Returned Check Fee each time you pay us with a check that is returned unpaid. 
This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing to periodically deduct all 
or a part of an amount you owe us under this Agreement is returned unpaid. 

LATE  PAYMENT.  For  any  Minimum  Payment  Due  that  is  not  paid  by  the  Payment  Due  Date  shown  on  your  Periodic 
Statement, or not paid by the end of a grace period shown on your Periodic Statement as may be required by applicable law, you may 
be charged, and you agree to pay us, a Late Payment Fee, which will be added to your Account balance. You will not be charged a 
penalty INTEREST CHARGE. 

OTHER FEES. We may assess a fee if you request a replacement card as shown on the Account-Opening Disclosure. If you 
selected  the  credit  life  insurance  related  to  your  Account  on  your  initial  application  form,  premiums  will  be  applied  to  your  account 
monthly. We reserve the right to alter the terms and/or carrier for credit life insurance, subject to any notification required by applicable 
federal or state law. 

CREDIT  INFORMATION.  We  may  investigate  your  credit  record  in  connection  with  your  application  for  credit.  We  may 
15.  
examine  your  credit  record  in  association  with  any  update,  renewal,  extension,  change  in  credit  limit,  and  collection  action  of  the 
Account.  Upon  your  request,  we  will  advise  you  if  we  obtained  a  credit  report  and  we  will  give  you  the  credit  bureau’s  name  and 
address. 

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You agree that we may release information in our records regarding you and your Account in order to comply with any properly 
served subpoena or similar request issued by any state or federal agency or court. Furthermore, we may share our credit experience on 
your Account with credit reporting agencies and other creditors who we reasonably believe are doing business with you. You agree that 
we  may  provide  Account  information  to  any  third  party  who  we  reasonably  believe  is  conducting  an  inquiry  in  accordance  with  the 
Federal Fair Credit Reporting Act and/or applicable state law.  

If  you  fail  to  fulfill  the  terms  of  your  credit  obligations  under  this  Agreement,  you  understand  that  a  negative  credit  report 
reflecting on your credit record may be submitted to a credit reporting agency. If you believe we are inaccurately reporting information 
related to this Account to the credit bureau, you may notify us by writing to BANCARD Services, PO Box 3038, Evansville, Indiana 
47730-3038. 

16. 
CARDHOLDER  LIABILTY.  All  persons  who  use  the  Card  are  individually  and  together  responsible  for  any  outstanding 
balance. If two or more persons are responsible to pay for any outstanding balance, we may refuse to release any of them from liability 
until all of the unexpired Cards outstanding under the Account have been returned to us and the outstanding balance has been paid in 
full.  Even  though  the  Card  and  your  Account  are  revoked  or  terminated,  you  agree  that  your  obligations  and  our  rights  under  this 
Agreement will remain in effect until all balances on your Account incurred before or after revocation or termination are paid in full. You 
may  cancel  your  Account  by  notifying  us  in  writing  at  BANCARD  Services,  PO  Box  3038,  Evansville,  Indiana  47730-3038  and 
returning  every  Card  to  us  cut  in  half.  You  will  still  be  responsible  to  pay  any  amount  you  owe  us  according  to  the  terms  of  the 
Agreement. 

GOVERNING  LAW.  Unless  otherwise  stated,  all  transactions  are  final  only  when  accepted  by  us.  Transactions  and  this 
17. 
Agreement are and shall be construed as contracts subject to applicable federal law and the laws of the state of Iowa or Illinois where 
our main office is located. 

18. 
BILLING ERRORS. You agree to accept Periodic Statements that we mail you as being correct unless you notify us in writing 
of alleged errors within the time prescribed by law. Your rights to dispute billing errors are set forth following this Agreement. If you have 
notified us that an amount is in dispute in accordance with the procedures that follow this Agreement, you need not pay that amount 
until the dispute is resolved. However, you must pay at least the required Minimum Payment Due unless the entire statement balance is 
in dispute. 

19. 
PREAUTHORIZED  PAYMENTS  ON  ACCOUNT.  When  you  completed  your  credit  card  application  with  us,  you  may  have 
authorized us to perform pre-authorized transfers from a checking or savings account maintained by you to make periodic payments to 
your Account. Your written authorization would have indicated whether a checking or savings account should be used for making such 
automatic  payments.  As  you  authorized,  we  will  generate  an  automatic  payment  on  the  payment  due  date  or  the  Friday  before  the 
payment  due  date  if  that  date  is  a  Saturday  or  Sunday  from  the  specified  account  for:  (1)  the  amount  of  the  unpaid  billed  Minimum 
Payment Due when your Account cycles; (2) the New Balance as shown on the applicable Periodic Statement; or (3) the set amount 
you designated to be paid as an automatic payment. Under number 3, you understand that if the Minimum Payment Due for any billing 
cycle  is  greater  than  the  fixed  amount  you  designated,  the  automatic  payment  amount  will  be  the  Minimum  Payment  Due.  You 
authorize us to debit the designated checking or savings account for the Minimum Payment Due amount rather than the fixed amount 
under  these  circumstances.  Under  number  3,  you  also  agree  that  if  the  designated  fixed  payment  amount  is  greater  than  the  New 
Balance, the automatic payment amount will be New Balance amount rather than the designated fixed amount. In any case, you have 
the right to stop payment of any pre-authorized transfer of funds to pay on your Account by notifying us orally or in writing at least three 
(3)  business  days  before  the  scheduled  date  of  the  transfer.  We  may  require  you  to  provide  written  confirmation  of  a  stop  payment 
order within 14 days of your oral notification. If so, we will inform you of this requirement and the address where confirmation must be 
sent when you provide us with oral notification of a stop payment. Any oral stop payment you provide us ceases to be binding after 14 
days  if  you  fail  to  provide  the  required  written  confirmation  as  we  may  request.  The  Periodic  Statement  concerning  your  Account 
constitutes written notice to you of the amount of funds and date of transfer for each such pre-authorized payment on your Account. 

20. 
ARBITRATION.    PLEASE  READ  THIS  PROVISION  OF  THE  AGREEMENT  CAREFULLY.  IT  PROVIDES  THAT  ANY 
DISPUTE  MAY  BE  RESOLVED  BY  BINDING  ARBITRATION.  ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT, 
INCLUDING  THE  RIGHT  TO  A  JURY  AND  THE  RIGHT  TO  PARTICIPATE  IN  A  CLASS  ACTION  OR  SIMILAR  PROCEEDING.  IN 
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES 
ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. 

Agreement  to  Arbitrate.   Either  you  or  we  may,  without  the  other's  consent,  elect  mandatory,  binding  arbitration  for  any  claim, 

dispute, or controversy between you and us (called "Claims"). 

Claims Covered.   

•  What  Claims  are  subject  to  arbitration?  All  Claims  relating  to  your  Account,  a  prior  related  account,  or  our  relationship  are 
subject  to  arbitration,  including  Claims  regarding  the  application,  enforceability,  or  interpretation  of  this  Agreement  and  this 
arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, 
injunctive  or  declaratory  relief)  they  seek.  This  includes  Claims  based  on  contract,  tort  (including  intentional  tort),  fraud,  agency, 
negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party 
claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court 
may elect arbitration  with respect to any  Claim advanced in that proceeding by any  other party. Claims and remedies sought as 
part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, 
non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. 

•  Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with 
us  or  you  or  claiming  through  us  or  you,  such  as  a  co-applicant  or  authorized  user  of  your  account,  an  employee,  agent, 
representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. 

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•  What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising 

before the opening of your account, are subject to arbitration. 

•  Broadest  interpretation.  Any  questions  about  whether  Claims  are  subject  to  arbitration  shall  be  resolved  by  interpreting  this 
arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal 
Arbitration Act (the "FAA"). 

•  What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the 

matter remains in such court and advances only an individual (non-class, non-representative) Claim. 

How Arbitration Works. 

•  How  does  a  party  initiate  arbitration?  The  party  filing  arbitration  must  choose  one  of  the  following  arbitration  firms  and  follow  its 
rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that 
you  attend  will  be  held  at  a  place  chosen  by  the  arbitration  firm  in  the  same  city  as  the  U.S.  District  Court  closest  to  your  then 
current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of 
each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: 

American Arbitration Association 
225 North Michigan Avenue, Suite 2527 
Chicago, IL 60601-7601 
Web site: www.adr.org 

JAMS 
1920 Main Street 
Irvine, CA 92614 
Web site: www.jamsadr.com 

At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbi-
tration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails 
to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a 
later time or in connection with any other Claims. 

•  What  procedures  and  law  are  applicable  in  arbitration?  A  single,  neutral  arbitrator  will  resolve  Claims.  The  arbitrator  will  be 
either a lawyer with at least 10 years experience or a retired or former judge, selected in accordance with the rules of the arbitration 
firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those 
procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules 
may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and 
other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with 
the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to 
a  party  any  damages  or  other  relief  provided  for  under  applicable  law.  You  or  we  may  choose  to  have  a  hearing  and  be 
represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement 
of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, 
and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or 
on the resolution of any other dispute. 

•  Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver 
under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that 
fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will 
be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if 
the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is 
good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, 
regardless  of  which  party  prevails,  but  a  party  may  recover  any  or  all  expenses  from  another  party  if  the  arbitrator,  applying 
applicable law, so determines. 

•  Who can be a party? Claims must be brought  in the  name of  an  individual person or entity  and must proceed  on  an  individual 
(non-class,  non-representative)  basis.  The  arbitrator  will  not  award  relief  for  or  against  anyone  who  is  not  a  party.  If  you  or  we 
require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private 
attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any 
court.  Claims,  including  assigned  Claims,  of  two  or  more  persons  may  not  be  joined  or  consolidated  in  the  same  arbitration. 
However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here 
considered as one person. 

•  When is an arbitration award final? The arbitrator's award is final and binding on the parties unless a party appeals it in writing to 
the  arbitration  firm  within  fifteen  days  of  notice  of  the  award.  The  appeal  must  request  a  new  arbitration  before  a  panel  of  three 
neutral  arbitrators  designated  by  the  same  arbitration  firm.  The  panel  will  consider  all  factual  and  legal  issues  anew,  follow  the 
same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be 
allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on 
the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by 
the FAA or other applicable law. 

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21.  
(a) 

(b)  
(c) 

(d) 

(e) 

(f) 

(g) 

MISCELLANEOUS.  
If  any  provision  of  the  Agreement    is  determined  to  be  unlawful  or  unenforceable  for  any  reason,  the  remainder  of  the 
Agreement will remain enforceable; 
We can choose not to exercise or to delay enforcement of our rights without losing any of them; 
We  may  send  Account  materials  (Cards,  Periodic  Statements  and  notices)  to  any  person  listed  on  your  Account,  and  that 
person will be responsible for delivering those materials to the other person authorized to use your Account. Notice to any one 
of you will be considered notice to all of you; 
Cards are issued with an expiration date. We have the right not to renew your Account. Without limiting our rights provided in 
the section of this Agreement entitled “Default,” we have the right to revoke the privilege attached to any or all cards, cancel 
the  Cards  and  terminate  this  Agreement  as  to  future  Purchases,  Balance  Transfers  or  Cash  Advances  at  any  time  for  any 
reason,  unless  otherwise  prohibited  by  applicable  law.  All  Cards  are  our  property.  You  agree  to  immediately  surrender  all 
Cards to us or our designee upon demand; 
We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your 
Account without first obtaining our prior written consent; 
If there is a credit balance on your Account or you make an overpayment which creates a credit balance,  we  will apply it to 
future  amounts  owed.  If  you  ask,  we  will  refund  any  credit  balance  greater  than  $1.00,  and  in  any  event  we  will  refund  any 
credit balance greater than $1.00 no later than 180 days from the date the credit balance was created; and 
If you move, you agree to notify us of your new address in writing. Otherwise, we may send monthly Periodic Statements and 
other notices to you at the address shown for you in our files. 

Information  contained  in  this  Agreement  is  current  as  of  the  printing  date  shown,  and  is  subject  to  change.  You  may  write  to  us  at 
Bancard Services, PO Box 3038, Evansville, Indiana 47730-3038 for changes since this document was printed. 

6 

 
 
 
 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

Your Billing Rights: Keep this Document for Future Use 

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: 

Bancard Services 
PO Box 3038 
Evansville, Indiana 47730-3038 

In your letter, give us the following information: 

• Account information: Your name and account number. 
• Dollar amount: The dollar amount of the suspected error. 
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a 
mistake. 

You must contact us: 

• Within 60 days after the error appeared on your statement. 
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors 
and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter.   When we receive your letter, we must do two things: 

1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected 
the error. 
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. 

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

• We cannot try to collect the amount in question, or report you as delinquent on that amount. 
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
• We can apply any unpaid amount against your credit limit. 

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

• If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. 
• If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will 
send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the 
amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. 
If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of 
anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between 
us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases.  If you are dissatisfied with the goods or services that you 
have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right 
not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price 
must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to 
you, or if we own the company that sold you the goods or services.) 
2. You must have used your credit card for the purchase. 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: 

Bancard Services 
PO Box 3038 
Evansville, Indiana 47730-3038 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you 
our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 

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