Annual Percentage Rate 36.0%
(APR) for Purchases

APR for Cash Advances 36.0%

Your due date is at least 27 days after the close of each billing cycle. We will not charge you interest
on purchases if you pay your entire balance by the due date each month. We will begin charging
interest on cash advances on the transaction date.

If you are charged interest, the charge will be no less than $1.00.

To learn more about factors to consider when applying for or using a credit card, visit the website of
the Federal Reserve Board at http://www.federalreserve.gov/creditcard.

Paying Interest

Minimum Interest
Charge

For Credit Card Tips
from the Federal
Reserve Board

Set-up and
Maintenance
Fees

‘ Processing Fee

$(cid:21)5.00

(one-time fee)

‘ Annual Fee

$(cid:20)75.00 for first year
$4(cid:28).00

After that,

annually

‘ Monthly Servicing Fee

None for first year (introductory)

After that,(cid:7)(cid:20)7(cid:23).00 annually ($14.50 per month)

Transaction Fees

‘ Cash Advance

Either

$6.00

or

5%

of the amount of each cash advance, whichever is greater.

‘ Foreign Currency

3%

for each transaction in U.S. dollars.

Penalty Fees

‘ Late Payment

Up to $35.00

‘ Return Item Charge

Up to $35.00

How We Will Calculate Your Balance: We use a method called 'average daily balance (including current transactions).'
See your Account Opening Disclosures for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those
rights is provided in your Credit Card Contract and on the back of your Statement.

Page 3

 
   
  
  
  
 
Processing Fee: We require a one-time up front Processing Fee of $25.00 to be paid in full before the Credit Account is opened to offset the risk associated with the Credit
Account. Refer to the Refund Disclosure for additional information.
Available Credit Limitations: Once the entire Processing Fee has been paid in full your Credit Account will be opened and you will have access to your initial Available
Credit.

FEES AND INTEREST CHARGES:

The

INTEREST CHARGE

INTEREST CHARGES

INTEREST CHARGES

of 36.0% for Purchases and 36.0% on Cash Advances.

, each of which will be billed to your Credit Account as a Purchase.

by 12. The Monthly "Periodic Rate" for Purchases is 3% and for Cash Advances is 3%. This is equivalent to an

FEES AND INTEREST CHARGES: The amount of required fees assessed on your Credit Account during the first year of account opening will not be more than 25% of
your initial Credit Limit. Your Credit Account is subject to the following fees and
Periodic INTEREST CHARGES: INTEREST CHARGES are imposed when you obtain a Cash Advance and when a Purchase is posted to your Credit Account.
INTEREST CHARGES are imposed from the time a Purchase is posted until it is paid in full. However if you pay your previous balance in full on or before the Payment Due
Date shown on your previous Statement, you will have a grace period on Purchases of 27 days (from the Statement Closing Date to the Payment Due Date) and your current
to the extent you pay the current Statement in full on or before the Payment Due Date. There is no
Purchases balance will not be subject to periodic
from the date of the transaction.
grace period for transactions that post to your Credit Account as Cash Advances. These transactions are subject to
is determined by multiplying the "Average Daily Balance" for Purchases and for Cash Advances
Computing Periodic INTEREST CHARGES:
outstanding during the monthly Billing Cycle by the monthly "Periodic Rate". The monthly Periodic Rate for Purchases and for Cash Advances is determined by dividing the
ANNUAL PERCENTAGE RATE (APR)
PERCENTAGE RATE
Account as well as Purchases and Cash Advances.
The "Average Daily Balance" is computed by taking the beginning balance of your Credit Account on each day, calculated separately for Purchases and Cash Advances,
adding new Purchases and/or Cash Advances and subtracting any payments or credits to get each day's daily balance. The daily balances are then added together and
divided by the number of days in the Billing Cycle to get the "Average Daily Balance".
The minimum
Minimum INTEREST CHARGE:
imposed. During the first 12 months your Credit Account is open, any interest assessed on the Credit Account will be equal to the actual accrued interest.
Annual Fee: We impose an Annual Fee on your Credit Account of $175.00 for the first year, and $49.00 for each subsequent year. The Annual Fee will be charged once the
Credit Account is opened, and in about the same Billing Cycle of each following year. Refer to the Refund Disclosure for additional information.
Monthly Servicing Fee: Your Credit Account will be charged a Monthly Servicing Fee of $0.00 for the first year (introductory) and $14.50 per month ($174.00 annually) each
month thereafter. This fee will be billed until your Credit Account is closed and the balance is $20.00 or less. Refer to the Refund Disclosure for additional information.
Cash Advance Fee:
whichever is greater.
Foreign Currency Transaction Fee: 3% of the Transaction Amount in U.S. dollars.
Late Fee: In every Billing Cycle in which your payment is late, you will be charged a Late Fee up to $35.00.
Return Item Charge: We impose a Return Item Charge up to $35.00 when a payment on your Credit Account is returned by the financial institution on which it was drawn
for insufficient funds or any other reason. The charge may be imposed even if we elect to re-present the item and it is paid upon our re-presentment.

on Cash Advances, there is an additional fee of $6.00 or 5% of the amount of each Cash Advance,

This ANNUAL PERCENTAGE RATE will be applied to fees assessed to your Credit

is $1.00 for each Billing Cycle during which an

based on a periodic rate is

In addition to the periodic

INTEREST CHARGES

INTEREST CHARGE

INTEREST CHARGE

INTEREST CHARGE

ANNUAL

OTHER CHARGES:

Additional Card Fee: If you authorize us to issue an additional Card on the Credit Account there is an Additional Card Fee of $29.00 imposed annually for each additional
Card.
Credit Limit Increase Fee: Each time your Credit Account is eligible for and approved for an unsecured credit limit increase, a Credit Limit Increase Fee in the amount of
25% of the amount of the credit limit increase will be assessed to your Credit Account. For example: If approved for a $100.00 credit limit increase, a $25.00 Credit Limit
Increase Fee will be assessed to your Credit Account, which will result in an additional available credit of $75.00 on your Credit Account. This fee is automatically assessed
upon approval of your credit limit increase, which could be as soon as your Credit Account has been open for 13 months. Refer to the Refund Disclosure for additional
information.
Copying Fee: If you request a duplicate of any sales draft, Statement, or other document, we will charge you $3.00 for each copy we provide.
Credit Insurance: Disability and loss of income insurance is not required.
Express Delivery Fee: We impose a $35.00 fee for the express delivery of your Card. This service is only available for lost, stolen, or replacement Cards.
Wire Transfer Fee: $5.00 per Transaction.
Minimum Payment: Cutoff Time and Form of Payment: Each month that a New Balance is due, you must pay us at least the Minimum Payment and Past Due Amount
as shown on your Statement. We must receive your payment on or before the Payment Due Date shown on your Statement. Payment(s) received in Proper Form, will be
credited as of the date of receipt at the address on the payment coupon of your Statement if received by 5:00 pm Central Time, Monday through Friday (federal holidays
excluded). Payments not received in Proper Form may delay the posting to your Credit Account. The Payment Due Date will be at least 27 days from the Closing Date. Your
Payment Due Date will be the same numeric date each month.
If your New Balance exceeds $30.00, the Total Minimum Amount Due will be the sum of (i) the Minimum Payment which is either 7% of your New Balance at the end of the
Billing Cycle rounded up to the next dollar, or $30.00 (whichever is more), or the entire New Balance if the New Balance is less than $30.00, and (ii) any Past Due Amount.
The amount requested as the Total Minimum Amount Due on your Statement will also include the amount by which the New Balance exceeds your credit limit. Failure to pay
the Amount Over Limit Due as requested on your Statement will not, by itself, cause your Credit Account to be delinquent. You may pay your entire balance at any time.

See the Credit Card Contract for further information regarding this
Credit Account. Retain these important documents.

Page 4

portion of it. We do, however, receive a foreign currency transaction fee as 
disclosed on your Account Opening Disclosures printed on the card carrier 
containing your card.
Prohibition on Gambling and Illegal Transactions: Your Card and Credit 
Account  may  not  be  used  in  connection  with  any  gambling  transaction 
(whether legal or illegal). Also, your Card and Credit Account may be used 
only for valid and lawful purposes. If you use, or allow someone else to use 
your Card or Credit Account for any unlawful purpose or for any gambling 
transaction, 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.
Call Recording: We reserve the right to monitor and/or record telephone 
calls  for  quality  and  training  purposes.  This  includes  both  calls  to  and 
originated by First PREMIER Bank, PREMIER Bankcard, LLC, or any of 
our affiliates or service providers.

YOUR BILLING RIGHTS
KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under 
the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement: If you think there 
is an error on your statement, write to us at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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 three 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 (or electronically). 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 
$50.00 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  $50.00.    (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 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 (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com 
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. 
Your Liability for Unauthorized Use of Your Credit Account: You will not 
be liable for unauthorized use of your Card or Credit Account. However, to 
protect your rights, you are required to notify us orally or in writing as soon 
as you are aware that your Card or Credit Account has been lost, stolen or 
used without your consent. Certain exceptions apply and you may be liable 
for up to $50.00. To notify us of the loss, theft or possible unauthorized use 
of your Card, call us at 1-800-987-5521, 24 hours a day. 

STATE DISCLOSURES
California Residents: A married applicant may apply for a separate Credit 
Account. As required by law, you are hereby notified that a negative credit 
reporting reflecting on your credit record may be submitted to a Consumer 
Reporting Agency if you fail to fulfill the terms of your credit obligations. 
After credit approval, each applicant shall have the right to use the Credit 
Account up to the limit of the Credit Account. Each applicant may be liable 
for amounts extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by 
law will be charged on the outstanding balances from month to month.
Kentucky  Residents:  You  may  pay  the  unpaid  balance  of  your  Credit 
Account in whole or in part at any time.
Maine Residents: Credit insurance provided herein is voluntary and you 
have the right to cancel such credit insurance at any time.
New  York  and  Vermont  Residents:  First  PREMIER  Bank  may  obtain 
a  consumer  report  for  any  legitimate  purpose  in  connection  with  your 
Credit Account or your application, including but not limited to reviewing, 
modifying,  renewing  and  collecting  on  your  Credit  Account.  Upon  your 
request,  we  (First  PREMIER  Bank)  will  inform  you  of  the  names  and 
addresses of any Consumer Reporting Agencies that have furnished the 
reports.    New  York  residents  may  contact  the  New  York  State  Banking 
Department (1-877-226-5697) to obtain a comparative list of credit card 
rates, fees and grace periods.

Ohio  Residents:  The  Ohio  laws  against  discrimination  require  that  all 
creditors  make  credit  equally  available  to  all  credit  worthy  customers, 
and that Consumer Reporting Agencies maintain separate credit histories 
on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law.
Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement, unilateral statement, or court order applying to marital property 
will adversely affect a creditor’s interests unless prior to the time credit is 
granted, the creditor is furnished with a copy of the agreement, statement, 
or court order, or has actual knowledge of that provision.

ARBITRATION AND LITIGATION
This Arbitration Provision (“Provision”) facilitates the prompt and efficient 
resolution of any disputes that may arise between you and us. Arbitration is 
a form of private dispute-resolution in which persons with a dispute waive 
their  rights  to  file  a  lawsuit,  to  proceed  in  court  and  to  a  jury  trial,  and 
instead submit their disputes to a neutral third person (an arbitrator) for 
a binding decision. You have the right to opt out of this Provision, which 
means you would retain your right to litigate your disputes in a court, either 
before a judge or jury. To exercise your right to opt out you must provide 
us with written notice no later than 30 days after your Credit Account is 
first opened. If we do not receive your written notice within that time frame, 
your rights to opt out will terminate, and you agree that the provisions of 
this section will apply.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL 
DISPUTES ARISING OUT OF OR CONNECTED TO THIS CONTRACT 
SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION.  ARBITRATION 
REPLACES  THE  RIGHT  TO  GO  TO  COURT.  IN  THE  ABSENCE  OF 
THIS  ARBITRATION  AGREEMENT,  YOU  AND  WE  MAY  OTHERWISE 
HAVE  HAD  A  RIGHT  OR  OPPORTUNITY  TO  BRING  CLAIMS  IN  A 
COURT,  BEFORE  A  JUDGE  OR  JURY  AND/OR  TO  PARTICIPATE  IN 
OR  BE  REPRESENTED  IN  A  CASE  FILED  IN  COURT  BY  OTHERS 
(INCLUDING,  BUT  NOT  LIMITED  TO,  CLASS  ACTIONS).  EXCEPT 
AS  OTHERWISE  PROVIDED,  ENTERING  INTO  THIS  AGREEMENT 
CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND 
ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties  and  Matters  Subject  to  Arbitration:  For  purposes  of  this 
Provision,  “you”  and  “us”  include  the  employees,  parents,  subsidiaries, 
affiliates, beneficiaries, agents and assigns of you and us. For purposes of 
this Provision, “Claim” means any claim, dispute or controversy by either 
you or us, arising out of or relating in any way to this Contract, this Provision 
(including claims regarding the applicability, enforceability or validity of this 
Provision), your Credit Account, any transaction on your Credit Account and 
our relationship. “Claim” also refers to any interaction or communication 
between  you  and  us  that  occurred  prior  to  or  concurrent  with  entering 
into this Contract, including those now in existence, regardless of present 
knowledge. “Claim” shall refer to claims of every kind and nature, including, 
but not limited to, initial claims, counterclaims, cross-claims and third party 
claims. All Claims are subject to arbitration, regardless of legal theory and 
remedy sought, including, but not limited to, claims based in contract, tort 
(including negligence, intentional tort, fraud and fraud in the inducement), 
agency, statutory law (federal and state), administrative regulations or any 
other source of law (including equity).
Agreement to Arbitrate: Any Claim arising out of or relating to this Contract, 
or the breach of this Contract or your Credit Account, shall be resolved and 
settled exclusively and finally by binding arbitration, in accordance with this 
Provision. Binding arbitration shall not be required, however, for collection 
actions by us relating to your Credit Account. Furthermore, both you and 
we retain the right to pursue in a small claims court any Claim that is within 
that court’s jurisdiction, provided the Claim proceeds on an individual basis. 
However, only a court of law, not an arbitrator, shall determine the validity 
and effect of this Provision’s prohibition of class arbitration. For any Claims 

covered by this Provision, a party who asserted a Claim in a lawsuit in court 
may elect arbitration with respect to any Claim subsequently asserted in 
that lawsuit by any other party.
Voluntary  Waiver  of  the  Right  to  a  Jury  Trial  and  Class  Action 
Participation: As a result of this Provision, neither you nor we have the 
right to litigate any Claim in court or the right to a jury trial on any Claim, 
except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY 
AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO 
COURT  OR  TO  HAVE  A  JURY  TRIAL.  FURTHERMORE,  NEITHER 
YOU  NOR  WE  MAY  SERVE  AS  A  REPRESENTATIVE,  A  PRIVATE 
ATTORNEY  GENERAL,  OR 
IN  ANY  OTHER  REPRESENTATIVE 
CAPACITY.  SIMILARLY,  NEITHER  YOU  NOR  WE  MAY  PARTICIPATE 
AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY 
CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved by binding 
arbitration on an individual basis. Claims made 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.  Therefore,  the  arbitrator  has  no  authority  to  conduct  class-wide 
proceedings and will be restricted to resolving individual Claims. UNDER 
THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY 
FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration 
will only be conducted on an individual Claim basis and there is no right or 
authority to consolidate or join any of your Claims with any other Claims. 
YOU  AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY 
WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR 
MEMBER  OF  ANY  CLASS  OF  CLAIMANTS  PERTAINING  TO  ANY 
CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing  Law:  This  agreement  to  arbitrate  is  made  pursuant  to  a 
transaction involving interstate commerce and shall be governed by the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any 
reason the Federal Arbitration Act does not apply, the substantive law of 
the State of South Dakota shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you 
wish to appear will take place at a location within the federal judicial district 
that includes your billing address at the time the Claim is filed. The party 
bringing the Claim may file its Claim at the American Arbitration Association 
(“AAA”), or an arbitration organization mutually agreed upon by the parties. 
The arbitration organization that is selected will administer the arbitration 
pursuant  to  its  procedures  in  effect  at  the  time  of  filing,  subject  to  this 
Provision. If you do not agree to file your claim with AAA, and the parties 
cannot agree on an alternative arbitration organization, an arbitrator will be 
appointed by a court pursuant to the Federal Arbitration Act. In the event of 
a conflict or inconsistency between the respective organization’s rules and 
this Provision, this Provision shall govern. The arbitration will be conducted 
before  a  single  arbitrator,  whose  authority  is  limited  solely  to  individual 
Claims between you and us. The arbitration will not be consolidated with 
any other arbitration proceeding. Any decision rendered in such arbitration 
proceeding will be final and binding on the parties and judgment may be 
entered in a court of competent jurisdiction. The rules and forms of AAA 
may be obtained as follows: American Arbitration Association, (1-800-778-
7879), 335 Madison Avenue, Floor 10, New York, NY 10017, website at 
www.adr.org.
Arbitrator’s  Authority:  The  arbitrator  shall  apply 
the  applicable 
substantive  law,  consistent  with  the  Federal  Arbitration  Act;  shall  apply 
statutes  of  limitation;  and  shall  honor  claims  of  privilege  recognized  at 
law. In conducting the arbitration proceeding, the arbitrator shall not apply 
any federal or state rules of civil procedure or evidence. PURSUANT TO 
THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE 
IN  PREARBITRATION  DISCOVERY  EXCEPT  AS  PROVIDED  FOR  IN 
THE  RULES  AND  PROCEDURES  OF  THE  RESPECTIVE  CHOSEN 

NATIONAL  ARBITRAL  ORGANIZATION.  Either  party  may,  however, 
request  to  expand  the  scope  of  discovery.  If  a  request  is  made,  within 
15 days of the requesting party’s notice, the objecting party may submit 
objections to the arbitrator with a copy of the objections provided to the 
party requesting expansion. The grant or denial of a party’s request will be 
in the sole discretion of the arbitrator, who shall notify the parties of the final 
decision within 20 days of the objecting party’s submission.
The  Arbitrator’s  Award:  The  arbitrator  has  the  ability  to  award  to  the 
prevailing  party  all  remedies  available  at  common  law,  by  statute  or 
in  equity,  including  injunctive  relief,  declaratory  relief,  arbitration  costs 
and  attorney  fees.  The  arbitrator  shall  not,  however,  have  authority  to 
award  any  punitive  damages.  YOU AND  WE AGREE  THAT  PUNITIVE 
DAMAGES  ARE  NOT  RECOVERABLE  IN  ANY  ARBITRATION  OR 
OTHER  PROCEEDING  UNDER  THIS  CONTRACT  EXCEPT  TO  THE 
EXTENT PUNITIVE DAMAGES WOULD BE AVAILABLE IN LITIGATION. 
For  awards  not  in  excess  of  $5,000.00,  upon  the  timely  request  of  any 
party, the arbitrator shall provide a brief written explanation of the basis 
for the award. In the event an award exceeds $5,000.00, or in which there 
is a request for equitable relief with a potential financial impact or value 
in excess of $5,000.00, the award of the arbitrator shall be in writing and 
shall specify the facts and the law on which it is based. In such case, the 
arbitrator’s findings of fact must be supported by substantial evidence and 
the arbitrator’s conclusions of law must not be based on legal error or be 
erroneous under the applicable substantive law. Further, in addition to the 
Federal Arbitration Act’s  grounds  for  vacation,  modification  or  correction 
of the arbitrator’s award, the parties shall have the right to judicial review 
of the arbitrator’s award to determine whether the arbitrator’s findings of 
fact  are  supported  by  substantial  evidence  and  whether  the  arbitrator’s 
conclusions of law are based on legal error or are erroneous under the 
applicable  substantive  law.  Judgment  upon  the  award  rendered  by  the 
arbitrator may be entered in any court having jurisdiction thereof. However, 
if  the  award  is  in  excess  of  $5,000.00,  judgment  may  be  entered  only 
upon determination by the court that the award is supported by substantial 
evidence and is not erroneous or based on legal error.
Expenses:  Regardless  of  who  demands  arbitration,  we  will  pay  all 
expenses  of  arbitration,  including  the  filing,  administrative,  hearing  and 
arbitrator’s fees (“Arbitration Fees”), to the extent that the Arbitration Fees 
exceed the amounts you would be required to pay for filing a lawsuit in 
a court. Throughout the arbitration, each party shall bear his or her own 
attorney fees and expenses, such as witness and expert witness fees. If 
you prevail in the arbitration of any Claim against us, we will reimburse 
you for any fees you paid to the arbitration organization in connection with 
the arbitration.
Binding Effect and Survival: You and we agree that, except as specifically 
provided for above, the arbitrator’s decision will be final and binding on all 
parties subject to this Provision. This Provision is binding upon you, us, 
and  the  heirs,  successors,  assigns  and  related  third  parties  of  you  and 
us. This Provision shall survive termination of your account, whether it be 
through voluntary payment of the debt in full by you, a legal proceeding 
initiated by us to collect a debt that you owe, a bankruptcy by you or a sale 
of your Credit Account by us.
Severability:  If  any  portion  of  this  Provision  is  deemed  invalid  or 
unenforceable  under  any  law  or  statute  consistent  with  the  FAA,  such 
a finding shall not invalidate any remaining portion of this Provision, the 
Contract or any other agreement entered into by you with us. However, 
the  prohibition  on  class  arbitration  is  not  severable  from  the  remainder 
of this Provision. In the event that a court deems the prohibition on class 
arbitration to be invalid and unenforceable, any subsequent class action or 
representative proceeding shall be in a court of law and will not be subject 
to binding arbitration.

M-106651                              PF                              07/12

First PREMIER Bank
CREDIT CARD CONTRACT AND ACCOUNT  
OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Account with 
us, including important provisions relating to arbitration and litigation. For 
additional  important  information  on  fees  and  INTEREST  CHARGES 
and  other  contract  provisions  that  apply  to  your  Credit  Account, 
please review the Account Opening Disclosures printed on the card 
carrier containing your Card. Be sure to retain all Contract documents 
for future reference.

YOUR CONTRACT WITH US
Your  MasterCard®  or  Visa®  brand  Credit  Account  is  governed  by  the 
terms and conditions in this Contract and the Account Opening Disclosures 
printed on the card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the 
terms of your Credit Account will be governed by the laws of the State of 
South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, this 
Contract is effective upon the earlier of (1) the first Purchase made or Cash 
Advance taken on your Credit Account, and (2) the expiration of 30 days 
from the date we issue the Card to you if you do not provide us written 
notice of your desire to cancel within this 30 days. If you are a resident of 
the State of New York, this Contract is not effective until the earlier of (1) 
the first Purchase made or Cash Advance taken on your Credit Account, 
and (2) the date you move from the State of New York, unless the date 
you move from the State of New York is less than 30 days from the date 
we issue a Card to you, in which case this Contract will be effective on 
the date that is 30 days from the date we issue a Card to you (and not the 
date you move from the State of New York) if you do not provide us written 
notice of your desire to cancel within this 30 days. In all cases, if any fees 
are required to be paid prior to opening your Credit Account, this Contract 
will not be effective and your Credit Account will not be opened until such 
fees are paid in full. You are not obligated to pay any fees or INTEREST 
CHARGES (other than any fees required to be paid prior to opening your 
Credit Account) until this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank 
(the “Bank”).
“Authorized User” means any person authorized by you to use the Card 
or Credit Account.
“Billing  Cycle”  begins  on  the  day  after  the  Statement  Closing  Date  of 
the previous Statement and includes the Statement Closing Date of the 
current Statement.
“Card”  means  all  the  plastic  credit  cards  we  issue  to  you  or  any  other 
person who is authorized to use the Credit Account. In the event we issue 
other devices by which you can access your Credit Account, those devices 
will also be “Cards” for purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and 
the relationship that is established between you and us by this Contract. 
This  Credit Account  is  used  to  record  transaction  activity  made  by  you 
when you access or otherwise utilize the line of credit we extend to you 
when you use your Card.
“New Balance” means the outstanding balance of your Credit Account at 
the end of any Billing Cycle. The New Balance is the sum of the Previous 
Balance (defined as the New Balance shown on your last Statement) less 

payments and credits, plus new Cash Advances and Purchases and our 
charges posted during the Billing Cycle.
“Payment  Due  Date”  means  the  date  we  must  receive  your  payment, 
which is not less than 27 days from the Closing Date.
“Proper  Form”  means  that  a  payment  sent  by  mail  or  courier  follows 
these guidelines:

•  Payments must be sent to the address on the payment coupon of 

your Statement.

•  Payments must be made by check or other negotiable instrument in 

U.S. dollars payable to First PREMIER Bank.

•  All checks or negotiable instruments must be drawn on a U.S. bank 

or at a U.S. branch of a foreign bank.

•  Payments must not be in the form of cash or third-party checks. 
•  Your payment coupon must be included with your payment. If your 
payment  coupon  is  not  included,  your  name  and  account  number 
must be printed legibly on your check or negotiable instrument.
“Related  Credit  Account(s)”  means  any  Credit  Accounts  established 
using the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you 
at the end of each Billing Cycle.
“Total  Minimum  Amount  Due”  means  the  total  minimum  amount  we 
request  that  you  pay  each  month  as  indicated  on  your  Statement. This 
amount includes the Minimum Payment, any Past Due Amount and any 
Amount Over Limit Due, which is the amount by which the New Balance 
exceeds your Credit Limit. (See the Minimum Payment provisions on the 
Account Opening Disclosures printed on the card carrier containing your 
Card  for  more  information  on  how  the  “Total  Minimum Amount  Due”  is 
calculated.)
“You” and “your” mean each and every person who is authorized to use 
the Credit Account, including Authorized Users, joint account holders and 
other persons you authorize to use the Card. 
Other important words used in this Contract begin with capital letters. They 
are defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If You Do Not Want the Card: If you do not want the Card and Credit 
Account, you must contact us by telephone or in writing asking us to close 
your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else 
to use. Other people who want a Credit Account should apply separately.
Your  Responsibility  for Authorized  Users:  If  another  person  is  given 
access  to  your  Credit Account  with  your  express  or  implied  permission, 
notwithstanding  the  provision  above,  that  person  is  an Authorized  User, 
even if we did not issue an additional Card in the Authorized User’s name. 
At your request, and if we agree, we may issue an additional Card in the 
name of an Authorized User with your Credit Account number.
You  will  be  responsible  for  all  charges,  Cash  Advances,  INTEREST 
CHARGES,  Purchases  and  fees  incurred  by  any  Authorized  User.  We 
are not required to try to obtain payment from any Authorized User before 
requiring payment from you. 
If  you  wish  to  remove  an  Authorized  User  from  your  Credit  Account 
you  must  contact  us  either  by  telephone  or  in  writing.  You  will  still  be 
responsible  for  payment  of  all  Purchases,  Cash  Advances,  INTEREST 
CHARGES and fees incurred or obtained by the Authorized User. We may 
close your existing Credit Account and issue you a new Card and account 
number. You and each Authorized User agree that we may report account 
information to Consumer Reporting Agencies in the names of both you and 
the Authorized User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately 
at 1-800-987-5521 if your Card is lost or stolen or if you suspect that it 
has been used or may be used without your permission. If your Card is 

reported  as  lost  or  stolen  or  you  are  claiming  unauthorized  use  of  your 
Credit Account or Card, we may require you to file one or more reports with 
the appropriate law enforcement agencies and us prior to our removal of 
possible unauthorized charges made against your Credit Account. You will 
not be liable for unauthorized use of your Card. Certain exceptions apply 
and you may be liable for up to $50.00.
Refusal to Accept Your Card: We are not responsible if any person or 
merchant does not accept your Card, or if an ATM or other device fails to 
properly operate. All transactions, even when you get a receipt, are subject 
to our final verification.
Cards Are Our Property: You agree to return each Card issued on your 
Credit Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your  Promise  To  Pay:  You  agree  to  pay  us  for  all  charges,  Cash 
Advances, INTEREST CHARGES, Purchases and fees incurred on your 
Credit Account by you, or by any Authorized User, as well as any other 
fees imposed by us, as explained in this Contract. If more than one person 
requests,  accepts  or  uses  the  Credit  Account,  each  and  every  person 
individually  and  jointly  are  responsible  for  payment  until  the  account  is 
paid in full.
Joint Account Holders: If this is a joint Credit Account, each person who 
signed the application: (1) may obtain Purchases and Cash Advances not 
to exceed the total credit limit; (2) will be responsible for paying all amounts 
owed; and (3) can close the Credit Account.
Accessing  Your  Credit  Line:  You  can  use  the  Card  and  your  Credit 
Account  to  make  Purchases  and  obtain  Cash  Advances.  Upon  your 
request, you may be assigned a Personal Identification Number (PIN). If a 
PIN is assigned to you, you can obtain a Cash Advance at any authorized 
ATM by using the Card and PIN.
Understanding  Your  Credit  Limit:  Your  “Credit  Limit”  is  the  maximum 
amount of credit we have approved for your Credit Account. The amount 
of your Credit Limit is printed on the card carrier containing your Card and 
on your Statements. Your balance may not exceed your Credit Limit at any 
time. At our sole discretion, we may honor Purchases or Cash Advances 
in excess of your Credit Limit without raising your Credit Limit. If we do, we 
may require you to pay us any amount over your Credit Limit immediately. 
Decisions on Credit Limit increases may be based on your performance 
under this Credit Account and other Related Credit Accounts you have with 
us and other credit criteria. If we have previously allowed your balance to 
exceed your Credit Limit, it does not mean that we will permit your balance 
to exceed your Credit Limit again. We reserve the right to approve or deny 
authorizations or transactions from any merchant at our sole discretion.
Obtaining Cash Advances: You may take Cash Advances on your Credit 
Account  in  any  of  the  following  ways:  By  presenting  the  Card  to  us  or 
any other participating MasterCard® or Visa® financial institution to obtain 
cash, by using the Card at an authorized merchant, other non-bank entity, 
or an Automated Teller Machine (ATM) or other device to obtain cash or 
cash  equivalent,  or  to  make  a  transfer  from  your  Credit Account  to  any 
other  deposit  or  loan  account.  Even  if  you  use  your  Credit  Account  to 
obtain cash from a non-bank entity, the transaction will be described as a 
Bank Cash Advance.
You  may  not  take  Cash  Advances  in  excess  of  $500.00  per  day.  The 
minimum  Cash Advance  per  transaction  is  $20.00.  For  Credit Accounts 
opened on or after June 1, 2003, your initial Cash Advance limit will be 
10% of your assigned Credit Limit. Once your Credit Account has been 
open and active for a minimum of 90 days, has two consecutive months of 
current payment history, is not currently delinquent and no payments have 
been returned for the past 60 days, your Cash Advance availability may be 
increased to 50% of the assigned Credit Limit. For example, if your Credit 
Limit  is  $250.00,  your  beginning  Cash Advance  limit will  be  $25.00 and 
may increase to $125.00 once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND
COMMUNICATIONS FROM US
Where  We  Send  Statements:  We  will  send  Statements  and  any  other 
notices  to  you  at  the  address  shown  in  our  files.  If  this  is  a  joint  Credit 
Account, we can send Statements and notices to either of you. You agree 
to  notify  us  promptly  of  any  change  in  your  address.  We  may  accept 
address  changes  or  corrections  from  the  United  States  Postal  Service. 
We  may  also  mail  Statements  and  other  communications  to  you  at  any 
address we determine to be an address at which you can receive mail. If 
you elect to receive Statements and other communications electronically, 
we may send those Statements and communications as directed by you.
When You Receive Your Statements: We will send you a Statement at 
the end of each monthly Billing Cycle in which your Credit Account has a 
debit or credit balance of more than $1.00, if an INTEREST CHARGE has 
been imposed or if other account activity has occurred. Your Statements 
will arrive around the same time each month, however we reserve the right 
to change the date of your Billing Cycle at any time.
Understanding  Your  Statement:  The  Statements  we  send  to  you  will 
reflect the activity and our INTEREST CHARGES and other charges, costs 
and fees on your Credit Account during the Billing Cycle. They will also 
show your Total Minimum Amount Due and Payment Due Date, which is 
the date by which we must receive payment. The information contained on 
the Statement will be deemed to be correct unless you advise us in writing 
of any error within 60 days of the date on which we send your Statement. 
If  there  are  more  than  one  of  you  living  at  different  addresses,  we  will 
send the Statements only to the person named as the “Applicant” in your 
application.
Your Consent for Calls and/or Text Messages to Your Cellular Phone: 
If we collect your cellular phone number from you, from another source, 
or as a result of receiving a cellular phone call from you, you expressly 
consent to accept from us, our affiliates or any third party acting on our 
behalf:
(1)  Calls  or  text  messages  for  collection  purposes  or  for  other  account-
related purposes, such as to process your application.
(2) Calls or text messages that we initiate to your cellular phone number 
made or transmitted using any automatic telephone dialing system and/or 
containing prerecorded messages.
You agree you will be responsible for any fees or charges you incur as a 
result of incoming calls or text messages from us, from our affiliates or from 
any third party acting on behalf of us or our affiliates.
E-mail: By providing us with your e-mail address, you consent to receive 
correspondence  electronically  from  us  and  our  affiliates  and  service 
providers. You agree that we may communicate with you by e-mail for any 
lawful reason.
Other  Communication  Devices:  If  you  provide  us  with  any  other 
form  of  electronic  communication  mechanism,  you  agree  that  we  may 
communicate with you by that mechanism for any lawful reason.

ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on your Credit 
Account. Refer to the Minimum Payment provisions in the Account Opening 
Disclosures  printed  on  the  card  carrier  containing  your  Card  for  more 
detailed information. Payments made in any Billing Cycle that are greater 
than the Total Minimum Amount Due will not affect your obligation to make 
the next monthly Minimum Payment. Each month your Statement shows 
a New Balance you must pay the Total Minimum Amount Due. Generally, 
credits to your Credit Account, such as those generated by merchants, are 
not treated as payments on your Credit Account and will not reduce your 
Total Minimum Amount Due. You have until the Payment Due Date shown 
on the front of your Statement, which is not less than 27 days from the 
Closing Date, to pay the Total Minimum Amount Due.

Applying  Your  Payments:  We  may  apply  your  payment  to  whichever 
balances we choose to the extent it does not exceed the Total Minimum 
Amount  Due  shown  on  your  Statement.    The  amount  of  your  payment 
in excess of the Total Minimum Amount Due will be applied to balances 
subject to the highest APR prior to balances subject to lower APRs.  We 
may  apply  your  payment  to  principal  amounts,  INTEREST  CHARGES, 
fees and other charges in any order we choose, and we may change the 
order of application of payments from time to time at our discretion.
Availability  of  Credit:  Available  credit  created  as  a  result  of  payments 
posted to your Credit Account may not be available for up to 20 days, or even 
longer if circumstances warrant an additional hold, or if we deem ourselves 
at risk for any reason. Your available credit may be limited, from time to 
time, if you provide your Credit Account number or Card to a merchant that 
processes advance authorizations, such as hotels, motels and car rental. 
Such an authorization may limit your ability to make Purchases and take 
Cash Advances on your Credit Account until the authorization is canceled 
by the merchant and your available credit is released.
Electronic  Check  Presentment:  When  you  send  us  a  personal  check, 
you authorize us to either use information from your check to make a one-
time electronic transfer from your account, or to process the payment as a 
check transaction. If your check is processed electronically, your canceled 
check will not be returned to you by your financial institution. We will retain 
an image of your electronically processed check(s) as required by law. If 
requested prior to the time we are allowed by law to destroy electronically 
processed checks, we will provide you with a copy of your electronically 
processed  check(s)  upon  your  request.  Funds  may  be  withdrawn  from 
your  bank  account  as  soon  as  the  day  your  payment  is  received.  We 
agree  to  accept  your  checking  account  statement  as  proof  of  payment. 
The description on your checking account statement will read: PREMIER 
CR  CARD  CHECK-PAYMT,  serial  number  of  the  check,  amount  of  the 
payment and date of the transaction. If you choose to opt out of electronic 
check  presentment,  please  call  our  Customer  Service  Department  at 
1-800-987-5521.
Late  Payments:  We  may  accept  late  payments,  partial  payments 
or  checks  or  other  payment  instruments  marked  to  impose  terms  or 
conditions of acceptance such as “paid in full” without waiving any of our 
rights  under  this  Contract,  and  no  attempt  by  you  to  impose  any  term 
or  condition  of  acceptance  will  be  effective  against  us.    Satisfaction  of 
a debt for less than the full amount due or imposition of any other term 
or condition on us requires a written agreement, signed by an authorized 
Bank representative.

DEFAULT PROVISIONS
Events  of  Default:  You  will  be  in  default  of  this  Contract  if  any  of  the 
following occur on this or any Related Credit Account:

•  You  do  not  pay  at  least  the  Total  Minimum Amount  Due  on  your 

Credit Account on or before the Payment Due Date.

•  You die or become legally incompetent. 
•  You become insolvent or bankrupt. 
•  You exceed or attempt to exceed your Credit Limit.
•  You  provide  us  with  or  have  provided  us  with  false  or  misleading 

information or signatures at any time. 

•  You fail to comply with this Contract.
•  You  fail  to  make  any  payment  or  perform  any  promise  in  any 

agreement or obligation you have with us. 

•  Any judgment, lien, attachment or execution is issued against you or 

your property. 

•  You request an excessive number of replacement Cards.
•  We reasonably believe that you will not pay amounts owed to us for 

any reason.

If You Are In Default: Upon your default of this Contract, we will have all 
remedies  provided  by  law  including,  without  limitation,  and  without  prior 

notice or demand, the right to:

•  Deny use of your Credit Account.
•  Close or refuse to renew your Credit Account.
•  Demand the return of your Card(s).
•  Declare your entire balance immediately due and payable.
• 
Initiate collection activity.
•  Not replace your Card(s).

Collection Costs: To the extent permitted by law, you must pay all court 
and  collection  costs,  including  reasonable  attorneys’  fees,  the  costs 
of  placing  your  Credit Account  in  the  Warning  Bulletin  and  the  costs  of 
confiscating your Card, that we incur as a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may suspend your 
Credit  Account  privileges  or  permanently  cancel  and  close  your  Credit 
Account at any time, for any reason.
You May Close Your Credit Account: You may cancel your Credit Account 
at any time by notifying us by telephone or in writing. Even after your Credit 
Account  is  closed,  you  remain  responsible  for  paying  any  amounts  you 
owe on the Credit Account according to the terms of this Contract. If this is 
a joint Credit Account, either of you may request that the Credit Account be 
closed and we will honor that request. 
Non Use Inactivity Closure: If you have never made a payment or used 
your Credit Account for a Purchase or Cash Advance, your Credit Account 
will be automatically closed, and all fees posted to your Credit Account will 
be reversed, when your Credit Account becomes 50 days delinquent (75 
days from the initial Statement Closing Date if you are a resident of the 
State of New York).
Refund Disclosure: We will refund your Processing Fee and initial fees 
(those fees that are billed at the time of account opening) if (1) you have 
not used your Card for a Purchase or Cash Advance; and (2) you have 
not paid a fee after receiving a billing statement. We will refund any partial 
payment  of  the  Processing  Fee  if  you  do  not  open  your  Credit Account 
within 85 days of approval. We will refund any Credit Limit Increase Fee 
charged to your Credit Account if you notify us, within 30 days of the date 
of  the  Periodic  Statement  on  which  it  appears,  that  you  do  not  wish  to 
have  the  credit  limit  increase.  This  will  result  in  a  reversal  of  the  credit 
limit increase. Except as described in this paragraph, these fees are non-
refundable.

OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable, 
it shall not affect the validity or enforceability of any other provision of this 
Contract. 
Changing This Contract: We may change this Contract from time to time. 
For example, we may change your Credit Account number or the Minimum 
Payment, add new INTEREST CHARGES or fees, change the ANNUAL 
PERCENTAGE  RATE  or  change  the  method  of  computing  the  balance 
upon which we impose INTEREST CHARGES. We may also make other 
changes.  We  will  notify  you  in  writing  of  any  change  if  required  by  law. 
Contract changes will apply to amounts you owe at the time the change is 
effective and to new transactions on your Credit Account, unless otherwise 
required by law.
Information  Sharing:  The  following  describes  your  agreement  with  us 
with  respect  to  information  sharing.  By  requesting,  obtaining  or  using  a 
Credit Account from us you agree that we may release information in our 
records regarding you and your Credit Account:

•  To  comply  with  any  properly  served  subpoena  or  similar  request 

issued by a state or federal agency or court.

•  To share your credit performance with Consumer Reporting Agencies 
and other creditors who we reasonably believe are or may be doing 
business with you on your Credit Account. 

•  To provide information on your Credit Account to any third party who 
we believe is conducting an inquiry in accordance with the Federal 
Fair Credit Reporting Act.

•  To share information with our employees, agents or representatives 

performing work for us in connection with your Credit Account.

•  To communicate information as to our transactions or experiences 
with  you  to  persons  or  entities  related  by  common  ownership  or 
affiliated by corporate control or with any third party (including non-
affiliates).

We may also share information such as: (1) information other than 
our own transactions with you with persons or entities related to the 
Bank by common ownership or corporate control; or (2) information 
on  your  Credit Account  with  certain  companies  to  provide  or  offer 
you  selected  products,  services  or  cardholder  benefits.  You  may 
direct us not to share one or both of these. If this is your request call 1-800-
987-5521 or notify us in writing at First PREMIER Bank, P.O. Box 5528, 
Sioux Falls, SD 57117-5528. Be sure to include your name, address and 
Credit Account number. You may receive a copy of our information on your 
Credit Account by writing or calling us at the address or telephone number 
listed above. By requesting or obtaining a Credit Account, you authorize 
us  to  check  your  credit  history.  You  authorize  your  employer,  bank  and 
any other references listed to release and/or verify information to us and 
our  affiliates  in  order  to  determine  your  eligibility  for  the  Credit Account 
and any renewal or future extension of credit. If you ask, you will be told 
whether or not consumer reports on you were requested and the names 
of the Consumer Reporting Agencies, with their addresses, that provided 
the  reports.  If  you  designate  an Authorized  User  to  use  your  Card,  you 
understand that account information may also be reported to Consumer 
Reporting Agencies in the Authorized User’s name.
No  Waiver:  Even  if  we  do  not  exercise  any  right  we  may  have  against 
you, we do not intend to waive that right. We can exercise it against you 
in the future.
Binding Effect Upon Death or Incompetency: If we pay a merchant for 
a  Purchase  or  post  a  Cash Advance  to  your  Credit Account  before  we 
receive actual written notice of your death or incompetence, or if we pay a 
merchant for a Purchase made by you or post a Cash Advance taken by 
you prior to your death or incompetence, that transaction will be a valid and 
binding Credit Account obligation upon you, your estate and your personal 
representatives.
Our Liability To You: We have no liability to you, other than as placed on 
us by law. We will meet our duty to care for your Credit Account(s) under 
reasonable banking procedures. Our mere clerical error or honest mistake 
will not be considered a failure to perform any of our obligations.
Transactions  in  Foreign  Currencies:  If  you  make  a  transaction  in  a 
foreign currency, it will be converted into U.S. dollars, and you agree to 
accept the converted amount. Visa USA, Inc. or MasterCard International, 
Inc. will use its currency conversion procedures in effect when processing 
the transaction. The currency conversion rate will be a rate selected by 
Visa  or  MasterCard,  as  applicable,  from  the  range  of  rates  available  in 
wholesale  currency  markets  for  the  applicable  central  processing  date, 
which rate may vary from the rate Visa or MasterCard itself receives, or the 
government-mandated rate in effect for the applicable central processing 
date,  in  each  instance,  plus  a  foreign  currency  transaction  fee  in  the 
amount  disclosed  on  your Account  Opening  Disclosures  printed  on  the 
card carrier containing your Card. This fee will be paid to us and applied 
to  all  transactions  posted  to  your  Credit Account  in  a  foreign  currency, 
including  all  Purchase  transactions,  Cash  Advance  transactions,  ATM 
transactions and returns and adjustments (e.g., for returned merchandise). 
The currency conversion rate used on the processing date may be different 
than the rate that was in effect on the date you conducted the transaction. 
We do not set the currency conversion rate, and we do not receive any