BBVA
Creating Opportunities
BBVACreditCard&SecurityAgreement
RETAIL INSTALMENT CREDIT AGREEMENT
Open-End Credit Agreement
(May Not Be Available to Residents of All States)
Thank you for choosing BBVA! This Agreement contains the current terms and conditions of your Account. Your Application, Card Mai|er,iand any other document we provide youthat indicates itis partof, or.amendsthis Agreement, area|so incorporated into and made part of this Agreement. Keep them for your records. Please read this Agreement, including the pricing information, carefully. A"Definitions" section is atthe end ofthis Agreement.
TABLEOFCONTENTS
GETTING STARTED	P1
USING YOUR ACCOUNT	P1
INTEREST	P1
FEES	P1
PAYMENTS	P2
ABOUT OUR RELATIONSHIP	P2
OTHER IMPORTANT INFORMATION	P2
DISPUTE RESOLUTION	P2
DEFINITIONS	P3
YOUR BILLING RIGHTS	P4
GETTING STARTED
ACCEPTANCE OF THIS AGREEMENT
Subject to applicable law, you accept this Agreement by using or permitting another person to use the Account. New York Residents: This Agreement begins on day that you or sememe authorized by you signs or otherwise accepts a sales slip or memorandum as evidence of a transaction on your Account and, until then, you will not be responsible for any purchase or lease of property or services by use of the Card after its loss or theft.
We accepted this Agreement in Alabama. This Agreement includes an arbitration section entitled, "Dispute Resolution." PROMISE TO PAY
You promise individually and jointly to pay us for all amounts due on your Account. This includes any illegal or internet/online gambling transactions you make.
SECURITY AGREEMENT (Applicable only to Optimizer Card)
To have an Optimizer,card Account,we req,uire you to also havea saw acc°unt w th -In this Agreementwe cathis savT9saccountthe Collateral Account,You give us asecurity,interest 'n.the Collate.ral Acc?.unt- You,must keep ,at least $500.00 in the Collateral Account. You also give us a security interest in all additions to and all proceeds of the Collateral Acco,untThe Collateral Acc°un,tis held byus as securityfor your promise to payunderthis Agreement.You maynot Withdfaw,any funds,from the Collateral Account. You may not,give,asecurity interest ortransfer. anyotherinterest inthe Collateral Account for any reason. Any attempt to give a security interest ortransfer any other interest in the Collateral Account will be ineffective and void. We may provide special instructions and requirements for deposits to the Collateral Account. If you do not fol,low„th,ose instructions or requirements, we will have no liability for anYdelay or,failure in , ... depositing any funds to the Collateral Account. You may not close the Collateral Account until all amounts owed underthis Agreement have been fully paid and you no longer have any right to use your Account. If you are in default under this Agreement oryour Account is closed for any reason, we may, immediately and without giving you notice: (1) apply part or an of the funds in the Collateral Account to anyamount you owe under this Agreement; and(2) retain any,funds in the Co lateral Account for upto 60 daysin orderto cover any transactions, fees orcharges re^ngto use ofthe Ac.count . before it was closed. In the event of a conflict between the terms ofthis Agreement and those ofthe Collateral Account agreement, the terms ofthis Agreement will apply.
CHANGING THIS AGREEMENT
The rates, fees, and terns of this Agreement may change fromtime to toe.We may change anyterm tothis .
Agreement unless an applicable lawsayswe may not. You may not change this Agreement unless we agree in writing. If required by law, we will give you advance written notice and any right to reject the change(s).
NOTICE AND CONTACT INFORMATION
We wp1 send statements a,nd other notices to the,addressyou give us.|f you,agree and as permitted by law,.we may „ provide this information electronically. You promise to tell us right away if that address or contact information changes. If you have a joint Account, any one of you may give us any notice under this Agreement. If you give us different notices or make different requests, we may pick which one to honor without telling any of you.
CONTACTUS
Unless and until we tell you otherwise, contact us regarding your Account or request a service related to your Account: For Optimizer, Platinum and Personal Line of Credit Cards at: 1-800-239-5175; For Signature and Select Cards, at: 1-866-681-0484; or for any Cards at BBVA USACard Center, P.O. Box2210, Decatur, Alabama 35699-0001. If you are not sure which type of Account you have, please look at your Card, review your Card Mailer, or call 1-800-239-5175.
USING YOUR ACCOUNT
PERMITTEDUSES
You may use your Account for transactions, such as Purchases, Cash Advances, and Balance Transfers. You may not use it for any illegal or Internet/online gambling transactions. We may issue you Checks to make Cash Advances. You may not use a Check to payany amount you owe □■>.We ™y ™ke you special offers,such as,reduced ^^o^i^^tr^. These offers may have different terms. Except as we tell you in the offer, the rest ofthis Agreement will still apply. You may set up automatic billing with a merchant. If your Account number, Card expiration date or other Account information changes, you authorize us to provide the information to any such merchant at our discretion. You must contact the merchant directly if you wish to stop automatic billing.
AUTHORIZEDUSERS
You may request additional Cants for Auth^ect। Users. You wHI beliable tor any chafes madeby any Authored User and anyone else they allow to use your Account. This will be true even if you did not want, or agree to, the particular use. You must notify us if you wish to cancel the authority of an Authorized User.
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CREDIT AUTHORIZATIONS
Subject to applicable law, we may limit or not authorize atransaction for any reason. We will not be liable ifwedoso, or if (1) we close your Account; (2) anyone refuses your Card, Check, or Account; (3) westop (or do not stop) a payment on a Check. Unless otherwise required bylaw, we will not be liable for goods or services you bought or leased using your
Account.
CREDIT LIMITS
WewiH ten you your Accountcredit limitfs). We maygive you different limits,for different ^es oftransactions. We may. change any of your limits at anytime. We may delay increasing your available credit for up to ten (10) days after you make a payment. Your Account's credit limit (and balances in excess of your Account's credit limit) may be treated differently based on the type of Account you have. If you are not sure which type of Account you have, please look at your Card, review your Card Mailer, or call 1 -800-239-5175.
Forthe Optimizer, Platinum and Personal Line of Credit Cards, ifthe balance,on yourAccount,(or °n any type of, transaction) goes over the credit limit, you must pay the amount that is over the limit immediately. In other words, you may not wait to pay the amount that is overthe credit limit as part of your next Minimum Payment Due, because the amount that is overthe credit limit is due and payable immediately.
Forall other Cards, if the balance on your Account (or on any type of transaction) goes overthe credit limit, you may wait to pay the entire amount that is overthe credit limit as part of your next Minimum Payment Due. However, the entire amount that is overthe credit limit must be paid as part of your next Minimum Payment Due.
Forthe Optimizer Card, you may increase your credit limit by making a deposit of $100 or more in the Collateral Account. For each deposit you make, we automatically will increase your credit limit by 90% of your deposit. An increase to your credit limit will not become effective until we have collected payment on each check or other items deposited into the Collateral Account. This may take up to 30 days. You may not decrease your credit limit.
Ifyou havetold usthatyouwant ustoconsiderauthorizing transactions thatexceed yourcredit lirnft("Overlimit . , ,. Transactions ) onyourAccountandOver-the-Credit LimitFeesareshownonyourCardMailer,orotherwise providedto you, we may charge you anOver-the-Credit Limit Fee. You may tell us you want (or do not want) Overlimit Transactions at any time.
INTEREST
HOWWECALCULATEINTERESTCHARGES
We calculate interest charges each billing cycle by calculating the daily balance for each type of balance, including: Purchases, Cash Advances Balance Transfers ,and any balanc,es subject to a special offer. We start wth the beginning balance for each day. The beginning balance is the prior day's daily balance plus any interest charge from the prior day. Then, we add newtransactions, debits andfees;Next, „wesubtract anynewpayments1or1credits.rwea|so.makeanyother approprJate a^m^s suchas thegrace period on Purchases. This..gives us.theda.y balance,f°rthattype.°f balance. We multiply the daily balance for each balance type by its daily periodic rate. We do this for each day in the billing cycle. This gives.us the interest .charges for each balance type. We addup all.the da'y interest charges. The sum is the total , . interest charge for the billing cycle. We may use mathematical formulas or computer programs which produce equivalent results to calculate the daily balance, interest charges and related amounts.
NOTE: This method of calculating interest results in charging interest on unpaid interest (also known as compounding
interest).
PAYINGINTEREST
Except fortransactions, fees orcharges notsubjectto interest, we start charging interest asfollows: (1) if atransaction, fee, or interest charge occurs and is added to your Account during the same billing cycle, we start charging interest on the date it occurs; or (2) if atransaction, fee, or interest charge occurs during a billing cycle and is added to your Account in a subsequent billing cycle, we start charging interest from the first day of the billing cycle in which it is added to your Accoimt. You can avoid paying Interest.on Purchases.(but not on Cash Advances or Balance Transfers) as described below. If you paid the entire balance for.the previgus bil ng cycle byjts payment Due Date <or it was zero or a credit ., balance), new Purchases added to your Account during the current billing cycle will not be charged interest if they are paid by the current Payment Due Date. We may continue to charge interest until you pay the full account balance. For Cash
Advances and Balance Transfers, we will begin charging interest on the transaction date.
INTERESTRATES
The interest rates that apply to yourAccount are shown on the Card Mailer and each billing statement. We divide each annual percentage rate ("APR") by 365 to getthe daily periodic rate ("DPR") used to calculate interest charges.
FEES
Subject to any limitation of applicable law, you agree to pay and we may charge the following fees in the amounts sho.wn on you Card Maiter or rth^wiseprowtedto you. Tte foltowng.feesm^ n°t appty to al.l A^nto. please review your Card Mailer and pricing disclosures. To the extent fees applicable to your account differ by state, the amount of fees charged will be based on your stateof residence at the time the fee is assessed.Unless otherwise specified, these fees are included in the Purchase balance.
ANNUALFEE
|fyou are charged an Armual Fee, the fee will be charged to your Account shortly. after the time.it is,opened unless .
otherwise indicated. For each year that your Account remains open, the fee will be charged during the same month that it was initially charged.
TRANSACTIONFEES
The Cash Advance Fee will be included in the Cash Advance balance. The Balance Transfer Fee will be included in the Balance Transfer balance.
If Foreign Transaction Fees are applicable to your Account, a Foreign Transaction Fee will apply to each transaction made in a foreign. currency: outside of the UnitedStates, or with.a foreign merchant; even if that transactton is made inU.?.. dollars, including returns or refunds. The Foreign Transaction Fee will be included in either the Purchase or Cash Advance bal.ance depending °nthetransaction type. lf,you make any transaction inaforeign currency, we or.the Payment Network will convert it to U.S. dollars. The Payment Network will use its own currency conversion procedures in effect at that time. Unless a particular rate is required by law, the conversion rate will be no more than the highest interbank rate from customary banking sources. The conversion rate used may differ from the conversion rate on the date you made the transaction.
PENALTY FEES
The cfpb mayadjust penaltyfee,amounts annually,,to reflect changes.to the Consumer Pricelndex <CPI),and we may.. change such fees to reflect the adjustments. We will not charge more than one penalty fee for a single event or transaction that violates multiple terms of this Agreement.
Late Fee.If we do not receive at least the Minimum Payment Due by the Payment Due Date, we will charge you a Late Fee. This fee will never exceed the Minimum Payment Due that was due immediately prior to the date on which the fee was assessed.
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Over-the-Credit Limit Fee. If you have told us that you want Overlimit Transactions on your Account and —
Over-the-Credit Limit fees are shown on your Card Mailer or otherwise provided to you and we authorize any Overlimit Transaction, we may charge you an Over-the-Credit Limit Fee. This fe.e Wil1 never exce,ed the amount by whjch your Account,goes over your credit limJt ,during ,the biHing cycle in which.the fee is assessed. wewill charge the,fee °nly once for any billing cycle, regardless of the number of Overlimit Transactions during that cycle. We will charge the fee only once for an individual Overlimit Transaction, even if your Account balance remains over your credit limit for multiple billing cycles due to the same Overlimit Transaction(s).
Returned Payment Fee. If you make a payment that is not honored by your financial institution or is returned unpaid for any reason, we will charge you a Returned Payment Fee. We will charge this fee even if the payment is later honored or paid. This fee will never exceed the Minimum Payment Due that was due immediately before the payment was returned.
OTHE RFEES
Returned Convenience Check Fee. If we return a Check for any reason, we may charge you a Returned Check Fee. This fee will never exceed the amount of the Check returned.
stop payment Fee.|f you requesta stop payment ona Check;we may char.ge. you a fee.for each.request,whether or not we actually stop payment and subject to applicable law. This fee will be included in a balance not subject to interest.
Expedited Delivery Fee. If you request and we arrange for expedited delivery of any Card or Checks to you (for example, by an overnight delivery seryM, we may charge you a fee. The fee amount w|I| bedisc|osed to you atthe timeofthe . request, and you will have the opportunity to agree to the fee. This fee will be included in a balance not subject to interest.
Document Fee. Subject to applicab|e Uv, we may charge you the reasonab|e cost of researching, compi|ing and otherwise providing you copies of sales slips or Checks, duplicate copies of billing statements, or other account documentation that you request. There will be no charge for any item you request in good faith in connection with the resolution of any disputed billing matter.
Transfer Fee. If you request us to deposit a Cash Advance directly in your checking account, and we honor your request, we may charge a fee in addition to the Cash Advance Fee. This fee will be included in the Cash Advance balance.
Expedited payment Fee.|f you request us toiexpedite payment °n your Accou,nt by debitinrg any deposit or °ther 1ac,co,unt you designate, and we honor your request, subject to applicable law, we may charge you a fee. This fee will be included in the Cash Advance balance.
Skip Payment Fee. If we offer and you accept the option to skip any monthly payment and your Minimum Payment Due would have been $200 or more, we may charge you a fee. This fee will be included in the Cash Advance balance.
Rate Reduction Fee. If a reduction in any interest rate, fee or other charge is offered by us and accepted by you, or requested by you and hon°red by uSz>we,may„charge youa fee.. we may,charge this..fee eve,n if.the reduction is only. temporary or for a limited time period. We will tell you about the fee orally or in writing at the item we offer or agree to the reduction. This fee will be included in the Cash Advance balance.
PAYMENTS
STATEMENTS
We will send you, or otherwise make available to you, a statement at the end of each billing cycle if applicable law requires. Read each statement as soon as you receive it or it is made available to you. Tell us right away if you see any error or problem. Your statement will show important information about your Account, including the New Balance, Minimum Payment Due, Payment Due Date and the Statement Date.
MINIMUM PAYMENT DUE
You may pay any or all ofthe balance on your Account at any time without incurring any additional charge for prepayment. Each billing cycle, you must pay at least the Minimum Payment Due by the Payment Due Date.
FortheO.ptimizerCard, your Minimum PaymentDue will bethegreaterof: $10; or5% tftheNewBalance, rounded up°r down to the nearest dollar plus past due amounts and any amount over your credit limit(s). However if the New Balance is lessthan$10, you must pay the entire NewBalance.
Forthe Platinum and PersonalJ-ine ofCreditpards, ifaH ofyourAPRsare23.49% orlower, ywrlWmmum Payment Due wiH bethe greater of: $10; or 2% ofthe NewBalance, rounded up ordown to theRarest dolar plus past due amounts and any amount over your credit limit(s). However, if the NewBalance is less than $10, you must pay the entire NewBalance. If anyofyourAPRs is over 23.49%, your Minimum Payment Due will be $15 plus any interest you owe forthat billing cycle, any 9ash Advance Fee, Rate Redudfon Fee, Expedfed Payment Fee, Stop PaymentFee, and Foreign ^ansactton Fee that has been charged during that billing cycle, any unpaid Minimum Payments Due from previous bills and any amount over yourcreditlimit(s).
For.theSignature.and.Select.Cards,if.allofyourAPRsare23.49%orlower, yourMinimumPaymentDuewil'bethegreater of: $10; or 2% ofthe NewBalance or the amount of your credit limit, whichever is less, rounded up or down to the nearest dollar plus past due amounts and any amount overyour credit limit(s). However, ifthe NewBalance is less than $10, you must paytheentire New.Balance. IfanyofyourAPRs isover23.49%, yourMmumPaymenlDuewill be$15 plusany _ i_nterestyouoweforthatbi ling cycle anyCashAdvance Fee, RateRedu?tion Fee,Expedited PaymentFee, ^Payment Fee, and Foreign Transaction Fee that has been charged during that billing cycle, any unpaid Minimum Payments Due from previous bills and any amount over your credit limit(s).
Forall Cards, we may let you skip a payment. Wewill tell you when you can skip a payment. If you skip a payment, you will owe the Skip Payment Fee and interest forthe skipped billing cycle, you will lose any grace period that otherwise would apply, and you must paythe regular Minimum Payment Due forthe next billing cycle.
MAKINGPAYMENTS
You must fo||owithe payment fcstructtons on y^ statement or otherwise prided. |f we|et you pay at one of our branches, we wi||,credit the parent asof the day weget to |f we |et you pay by ptone, on|ine, m^leajoiohca^on mother means, we will tell you when it will be credited. You must pay us in U.S. dollars. We do not accept cash through the mail. We can accept late payments, partial payments or payments marked "payment in full" orwith any other restrictive endorsement without losing any of our rights under this Agreement.
HOW WE APPLY PAYMENTS
We apply your Minimum Payment Due to pay down balances on your Account in our discretion, unless applicable law says we may not. We apply amounts you pay that exceed the Minimum Payment Due to balances with higher APRs before balances with lower APRs.
ABOUT OUR RELATIONSHIP_______________________________________________________________________________________
LIABILITYFORUNAUTHORIZEDUSE
?!y°u[.c_aLdis!ostorstolenoryoubelievesomeoneis.usingyourCardwithoutyourpermLssion,.contactus. . immediately. You will not be liable for any unauthorized use that occurs after you notify us. Subject to applicable law, you may be liable for unauthorized use that occurs before your notice to us. Your liability, if any, will not exceed $50.
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AUTHORIZATION TO CONTACT YOU ABOUT YOUR ACCOUNT
By providing us with your home telephone number, cellular, telephone number, email address or other contact inforrnat'on, you authonze us and our affi.liates,. agents and third-party vendors to contact you using any automatic telepho,ne dialing system, prerecorded vo|ce, vo|cema|l, or messaging service or e ma atert. You agree to not|fy us promptly if any of your contact information changes. In addition, you agree that we may also contact you at any telephone number .that we may obtain for you in the future using any automatic telephone dialing system,prerecorded voice, voicemail, or messaging service. Any complaint received via e-mail may be responded to in the same manner to the same address(es) from which the e-mail was sent.
INFORMATION ABOUT YOU AND YOUR CREDIT
Y°uauthorize us to obtain and review your finance rorfohfon, credit report(s), employment,income, and related information and documentation at any time and for any reason. You agree to help with this. We may provide information about you and your Account to credit reporting agencies and others. We may provide information to credit reporting agencies and others about this Account in the name of an Authorized User. If you think we have or have provided information that is incorrect, write to us and list the specific information you believe is inaccurate.
CLOSINGYOURACCOUNT
You may close your Account. ,Unless appKcable law says wernay not,«e may cl°se, suspend, or not renewyour accent or not reissue your Card at our discretion and without notice. You must follow the closure requirements we tell you. You still have to pay all amounts you owe us. If you are not in default when your Account is closed, you may pay off the balance under the terms of this Agreement that apply at that time.
DEFAULT
Subjectto applicable laws, you are in default if:
•	You file a bankruptcy petition or have a bankruptcy petition filed against you;
•	We have reasonable belief that you are unable or unwilling to repay your obligations to us;
•	Youdie, becoTelegally incompetent orgotojail; _ , x
‘	Ypu.lose your Card °r Checks (includingifthey are.stolen);.............
•	We find you no longer qualify for any APR or credit limit then in effect on your Account; or
• You fail to comply with the terms of this Agreement or any Agreement with us or an Affiliate, including failing to make a payment when due, exceeding your credit limit (for the Optimizer, Platinum and Personal Line of Credit Cards only), using your Card or Account for an illegal transaction, or giving us false or incomplete credit information, signatures, or material representations.
If you are in default, subject to applicable law, we may (1) suspend or terminate your credit privileges, (2) close your Account and/or (3) declare the entire balance of your Account immediately due and payable without notice.
COLLECTION COSTS
We may charge youfor costs.we have,to payto collectwhat you owe after default Th.esecosts mayjnclude reasoned feesto.attorneys who are not our paid employees. We win not.charge you forour colection costs ifyouowe us$300 or. less orto the extent an applicable lawsays we may not. We will not charge attorneys' fees that exceed 15% of the unpaid debtinColorado,Georgia,Kansas,Maine,Missouri,.Montana,NorthCarolina,.OklahomaorSouthCarolina,20%ofthe amount due in New York or 25% of the unpaid debt in Louisiana. We will not charge attorneys' fees if the principal amount wuoweusisiessthanstoooin |daho orWyoming.Wewi" not charge collectipn costs o?he,.than attorneys'.fees ifyou, live in Colorado, Delaware, Idaho, Indiana, Kansas, Louisiana, Maine, Maryland, New York, North Carolina, Oklahoma, South Carolina orWyoming. We will charge attorneys' fees in West Virginia to realize a security interest.
OTHER IMPORTANT INFORMATION
GOVERNING LAW
™s A9reement is governed ,by applicabtefederallawand by Alabama bwwithout regardto feconfltate °f fow provisions. If your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to your account, we elect to offer your card account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article.
OUR RIGHTS
We may delay exercising or not exercise any rights under this Agreement without losing or waiving any of them..
ASSIGNMENT
Wemayselli, assign ortransfer yourAccount, this Agreement and ou; rights ordutiesrunderthis /W^t oranyportion of it without notice to you. You may not sell, assign or transfer your Account or any of your rights or duties under this Agreement without first obtaining our prior written consent.
SEVERABILITY/INTERPRETATION
If any part of this Agreement is found to be invalid, the rest of it will remain in effect. It is not the intention of the parties that anything in this Agreement should result in the assessment (charge, collection, or receipt) of interest, fees or charges in excess of those permitted by applicable law. If any interest, fee or charge assessed under this Agreement is finally determined to be in excess of that permitted by applicable law, the excess amount will be applied to reduce the outstanding balance on your Account or, if there is no outstanding balance, will be refunded to you.
ENTIRE AGREEMENT
This Agreement constitutes the final expression of the credit agreement between you and us relating to your Account and supersedes and may not be contradicted by evidence of any prior or contemporaneous oral credit agreement between you and us relating to your Account.
MILITARY LENDING ACT
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. |n general the cost of consumer credftto a member of the Armed.Forces and his o.r her dependent may notexceed an annual percentage rate of 36 percent. This rate must mdude.as applicable to the credittransaction.or account The costs associated with credit insurance premiums;.fees foranci ary products sod in connection with the credit transaction; anyapplication fee charged (otherthan certain application fees for specified credit transactions oraccounts); and any participation fee charged (otherthan certain participation fees for a credit card account).
Notwithstanding^any.otherproyision.ofthisAgreement,. if.youarea'covered borrower' underthe MilitarY Lending.Act, as. defined in32CFR°232.3(g), the arbitration provisions in this Agreement shall notapplytoyou. Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
DISPUTERESOLUTION__________________________________________________________________________________________
ARBITRATION
Either you or we may ask to settfo disputes by ai-bitratton. Arbitratton is a way of working out disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to say. The arbitrator will decide who is right. The arbitrator's decision is called an award. The party who wins the award can take it to any court that could have heard the dispute and getanofficialjudgment. Pleasereadthe restofthissectioncarefully.Itexplainshowarbitrationworks.
Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that dispute. You cannot be part of any class action relating, to that dispute. The right to get information from each other and other procedures may be more limited in arbitration than in court. With a few limited exceptions, the arbitrator's award will be final and unchangeable. Other rights that you or we would have in a court also may not be available in arbitration.
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WHAT DISPUTES ARE COVERED
Any dispute that arises from.or relates to thiS|Aqreement,yourAccount-and>anytransaction involvinq.the Account will.be settled by arbitration unless it is described below in "What Disputes Are Not Covered." This means that disputes about the following are covered:
.	ThisAgreement’ yourAccountoranytransaction involving theAccount .
•	Any advertisement, promotion or oral or written statement related to this Agreement or your Account;
•	Any relationships that result from this Agreement (including, asfarasapplicable lawwill allow, relationships with _ third parties who arenot parties to this Agreement or'hs a.rbitration provision);	.....
•	The validity, mterpretaton, scope or enforceabihty of this Agreement(except for any challenge to the	_ ,
enforceability of this Dispute Resolution section or any dispute about the parts of this subsection (a) about class .	disputes);and..................... ...........................................................
• Whether it is too late to settle a dispute because of any statute of limitations, estoppel, waiver, laches or similar legal rule.
It doesn't matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity or.otherwise-ltalso doesn'tmatter when the di.sput.e began (whether before this Agreement, nowor in the future). This arbitration provision will continue to apply after this Agreement ends and/or after you or we close the Account.
WHAT DISPUTES ARE NOT COVERED
This arbitration.provision does not trover any depute. (1 ).That.you °rwe could taketoa smaH ^^s.court, w.hich Hsually limits its cases based on the amount of the claim; or (2) about the parts of this arbitration provision that prohibit class disputes.
NO CLASS DISPUTES
UNLESS YOU LIVE IN NEW JERSEY, YOU CANNOT JOIN TOGETHER IN A DISPUTE WITH ANYONE OTHERTHAN PEOPLE WHO USE YOUR ACCOUNT. EVEN IF OTHER PEOPLE HAVE DISPUTES SIMILARTO A DISPUTE THAT YOU OR WE ASK TO ARBITRATE, THOSE PEOPLE AND THEIR DISPUTES CANNOT BE PART OF ANY ARBITRATION BETWEEN YOU AND US. YOySANNOTARBTTRATEANY DISPUTEON ACLASS AC™^ PRIVATEATTORNEY GENERAL OROTHER, , REPRESENTATIVE BASIS. Only a court, and not an arbitrator, may decide whether this provision prohibiting class disputes can be enforced.
WHO WILL ARBITRATE
TheAmerican Arbitration Association (',AAA") orJAMSADR("JAMS") mayarbitrate,anydispute, ^youandwemayaaree upon a different arbitrator. For more information about arbitration, contact the AAA (www.adr.org or 1-800-778- 7879) or jaMs (wwwJamsadr.com or i-8oo-352-5267).|f for anyreason the aaa or jams is unable or unwillingto arbitrate,. oryou and we cannot agree on an.arbitrator,, we will,use .another n.ational or regional arbit.rati°n group. The number of arbitrators w111 depend ^thetotal dollar. amount Of aH dispute!. by both you andus. Ifthetotal is$250,000 o,r less, one arbitrator w111 hearthe dispute(s). Ifthetotal is over $250,000, three arbitrators will hearthedispute(s). Each arbitrator must be an active member in good standing ofthe barfor any state in the continental United States, and either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.
WHAT RULES APPLY
The arbitration of any dispute will be conducted according to the rules ofthe arbitrator ("Rules"). If an arbitrator other than the AAAis chosen, the Rules ofthe.AAAw|11 be.applied toany circumstance that is rwt.addr^ed bythe Rules ofthe , chosen arbitrator. Ifthetotal of all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this Agreement and the Rules say something different, we will follow this Agreement and notthe Rules.
HOW TO START ARBITRATION
Either.you.or we may start an arbftratron by giving written notice.tothe other.party. At a minimum, this notice must . describe the subject ofthe dispute and the result requested in arbitration bythe party giving the notice. If you ask us to arbitrate, you can choose the AAA or JAMS, or suggest another national or regronal arbftratron group to arbitrate.the. dispute. Ifwe ask you to arbitrate, we will give you 10 days to choose the AAA or JAMS, orto suggest another national or regionalarbitrationgroup. Ineithercase,.ifyousuggestanalternative,totheAAAandJAMS,wewillworkwithyouto	,,,
determine if you and we can agree on a different group or arbitrator. If you and we are unable to agree, the arbitration will be conducted bythe AAA or, ifthe AAA is not available, by a similar arbitration group. The party asking for arbitration must file a notice with the arbitration group following the Rules in effect at that time.
WHEN A PARTY MAY ASK FOR ARBITRATION
You orwe.may askfor.arbitration be.fore .orafter a lawsuit has been.fJled..Youorwe must askfor.arbitration withi.nthe statute of limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in court, it is also too late to resolve it in arbitration.
WHATTHEARBITRATOR(S)MUSTDO
Each arbitrator must:
o Limit discovery to information that is directly relevant to the dispute and is not considered confidential or otherwise protected from being made public. Discovery is the process by which you and we ask each other for information about the dispute;......................................................................
o Make decisions and awards based on the evidence and applicable substantive law and the rules of evidence used in.federalcourts;.............................................................
o Make decis'ons.and awards.only witb r.espec? to,claims made byor against you individually;.
o Givea brief.written expla"ation of the basis for the award upon reguest of.either party; a.nd _
o Make specific findings,of fact and conclusions oflaw to support any award greater than $25,000., ...
o Not make any award that would require you and us to continue any relationship we may have under this Agreement or otherwise.
WHO PAYS FOR ARBITRATION
There will be costs for arbitration. Contact the AAA or other arbitration group to find out what the arbitration charges will be. You may.haveto,pay,someofthearbitration chargej.unless,this Agreement,an,appli.cable jaw or*he Rules.saywe must pay. If the total dollar amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is more than the cost of filing a lawsuit in the federal court where you live. You can ask us to pay some or all of the other arbitration charges you ,have to pay, but we don't. promise to do asyou ask. At the end of the arbitration, the , arbitrator(s) w111 decide who has to pay for any arbitration ,charges that are greater than,those. we agreed to pay.The . arbitrator(s) also may order us to pay some or all of your attorneys, expert and witness fees. Unless ordered otherwise by the arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who wins.
WHERE WILL ARBITRATION TAKE PLACE
Any arbitration will take place in the federal judicial district near your home. Or, you and we could agree that arbitration will take place somewhere else.
WHAT LAW APPLIES
This arbitration provision is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act will apply to the construction, interpretation and enforceability of this arbitration provision despite any other choice of law provision in this Agreement.
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OTHERRIGHTSANDREMEDIES
Nothing in this arbitration provision will limit certain other rights you or we may have. This means that you or we could, for
example: ................................. .........................
0 Get an inJunction, which is a court order to stop someone,from doing something; or.
o File an interpleader action, which is a type of lawsuit used to decide who owns property that more than one person claims to own.
If you or we do any of these things or take part in any other court case, it does not affect your or our rights under this arbitration provision.
WHAT HAPPENS IF PART OR ALL OF THIS ARBITRATION PROVISION CANNOT BE ENFORCED
Only a court and not an arbitrator can determine if any part of this arbitration provision cannot be enforced. If a court with proper jurisdiction saysthatanypartofthe"NoClassDisputes",subsecti°n above(which probibits arbfration ofc|ass disputes) cannot be enforced, then none of the arbitration section in this Agreement will apply, and this section will be considered deleted fromtheAgreement Ifacotirtwith properjurisdiction saysthatanyotherpa,rto,fthis„ arbitration, ,, provision cannot be enforced, then the rest of this arbitration subsection still will apply, including the "No Class Disputes" subsection above.
WAIVEROFJURYTRIAL
Unless you live in New Jersey, subject to applicable law, this provision limits your rights to a jury trial. You should review this section carefully. ff you and w£have any disPute related ,to this ^reement, your Account,or any_ transactions involving your Account and (i) neither you nor we seek to compel arbitration of the dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be resolved in court, then you and we agree voluntarily and knowingly to waive any right each may have to a jury trial to the fullest extent permitted by law.
ATTORNEYS' FEES
In any action between you and us in court, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys' fees the prevailing party incurred in bringing or defending the court action.
DEFINITIONS
Account -Your arrangement with usfor credit and other services under this Agreement.
Agreement - The current terms and conditions of your Account as contained within this document, your Application, your Card Mailer, any other document we provide you that indicates it is part of, or amends the terms and conditions of your Account.
Application - The application or solicitation you signed, submitted, or otherwise gave us to ask for the Account. An application could be written, electronic, or as otherwise permitted by law.
Authorized User - Any person you authorize to use your Account or a Card, whether you notify us or not.
Balance Transfers - A balance from another creditor paid directly by us and transferred to your Account. If we approve your request, we will pay the other creditor directly. Balance Transfers are Cash Advances, except that the APR for Purchases (and not the APR for Cash Advances) will apply to Balance Transfers.
Cash Advances - The use of your Account to obtain cash or other advances:
•	From us or any participating financial institution or automated teller machine (ATM);
•	Byusing a Check;...................................................
•	By purchasing items that can be traded right away for cash, such as wire transfers, money orders, traveler's checfc, lottery tickets or casino chips;..........................
•	By placing bets or wagers (if legal) or to make tax or other similar.payments; or........................
•	By getting an advance deposited to a Compass checking account if you are enrolled in an overdraft protection program under a separate agreement with us.
Card - Any access device for your Account we give you or an Authorized User to obtain credit, including physical cards, Account numbers, Checks and electronic form factors or cryptologic keys.
Card Mailer-Account documentation containing your Card, your initial or subsequent credit limit(s), Account number(s), account opening disclosures and pricing information, or other information about the terms and conditions of your Account.
Check - Any check we send to you to access your Account. Checks are Cash Advances.
Purchases - the use of your Account to purchase or lease goods or services from participating merchants.
New Balance - The unpaid balance at the end of the billing cycle.
Minimum Payment Due - Minimum amount of your payment.
Payment Due Date - The date your next payment is due.
Payment Network - Visa, MasterCard, American Express, Discover, and their respective payment systems, or any other payment system that is enabled on, or otherwise specified for, your Account.
Statement Date - The date of the statement.
We, us, and our - BBVA USA and anyone to whom we give or sell your Account. BBVA is a trade name of BBVA USA, a member of the BBVA Group.
You, your, and yours - You and any other person(s) who are contractually liable under this Agreement, including joint applicants and joint Account holders.
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SIGNATURES___________________________________________________________________________________________________________
NOTICE TOTHE BUYER - DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT.
RETAIL INSTALMENT CREDIT AGREEMENT
You: Any handwritten, electronic or digital signature provided by you or any person whom you allow to use the Account on anydocument in connectioniwithiopening orusing your Acc°unt serveS aS7oursignature ,on .^Agreement Your name and primary (i.e., residential street) address on your Application (including any oral orelectronic application or request for credit) or on the Card Mailer sent with your Card serves as your name and address on this Agreement. The date of your Application is the date of your signature for purposes ofthis Agreement.
Bank: We have signed this Agreement as follows:
/s/A. Smith
a Smth	.
Vice President
BBVA..... ...... ___________________ .... ___________________
BBVA USA Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001
California Residents: You understand and agree that interest is compounded under the terms of this Agreement.
NewJerseyResidents: Because certain proyisions ofthis Ag-eemen: are subject to applicable law, toey my be yoid, unenforceable or inapplicable in some jurisdictions. None of these proyisions, howeyer, is yoid, unenforceable or inapplicable in New Jersey.
Vermont Residents Optimizer Card: To haye an Optimizer Card Account, you must maintain a deposit account as security for this credit card account, and you shall grant us a security interest in this deposit account.
Washington Residents: Pursuantto Wa^ngton Revised Code Section 63.14.167, you are not resPonsible forpayment °f anyservice chargeresulting fromthe merchant s failure tofransmrttou^in seven working days acreditforgoods,or services accepted for return orforgiven if you have notified usofthe merchant's delay in posting such credit, orourfailure to post such credit to your account within three working days of our receipt of the credit.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities underthe Fair Credit Billing Act.
Whatto Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at the payment address shown on your bill.
In your letter, give usthe following information:
•	Account informat,ion:: Yournameandaccount number.
•	Dollaramount.Thedollaramountofthesuspectederror- ................................ , ,
•	Description ofproblem: If you thinkthere is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
Youmust.contaclus:	„ ..	.	...
•	within60>daysaftertheerrorappearedon.yourstatement.................................... ...	.
•	At least 3 business days before an automated payment is scheduled, ifyou want to stop payment ontheamount youthink iswrong.
You must notify us of any potential errors in writing. You may call us, but ifyou 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.wer.eceive„yourletter,we mustdotwo.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
„ ihaveal£e,adycorirectedtheerror....	............. ..........................................
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 weiinvestigate. whetheror.notthere has been an .....................................
•	We cannot try to collect any 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.
Afterwe finish our investigation, one oftwo things will happen:
•	If we made a mistake: You will not have to pay the amount in question or any interest orotherfees related to that . amount. ............ ...........................................................................
•	Ifwedo not believe.there.was a mistake,You	haveto pay th.e amount in question,. alongwith applicab'e..
interest and fees. We will send you a statement of the amount that you owe and the date payment is due. We may then report you as delinquent ifyou do not pay the amount we think you owe.
Ifyou receive our explanation but still believe your bill iswrong, you must write to us within 10 days telling us that you still refuse to pay. Ifyou do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We mustteH you .the name ofanyone.to whom we reported you as deHnquent, and we must to those organ ^ons know* when the matter has been settled between us. If we do not follow all of the rules above, you do not haveto paythe first$50 ofthe amount you question, even if your bill is correct.
Your Rights IfYou Are Dissatisfied With Your Credit Card Purchases I I	I	I	I	I	I	I	II
Ifyou 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 ofthe following must betrue:
1.	The purchase must have made in your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither ofthese are necessary ifyour purchase was based
A on an advertisement we mailed to you, orifweownthercompanythatsoldyouthegoodsorserVices.)............
2.	You must have used your credit Card for the purchase. Purchases made with cash advances from an ATM or with a checkthat accesses your credit Card account do not qualify.
3.	You must notyet have fully paid forthe purchase.
If all ofthe criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the payment address shown on your bill.
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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BBVA Optimizer Credit Card Account Pricing Information as of September 30, 2020.
This pricing information is accurate as of the date listed above, but may have changed after that date. You can always find out the most current pricing information by contacting us at: BBVA USA, P. O. Box 2210, Decatur, AL 35699 or 1-800-239-5175.
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases	Prime* +18.99% This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers	Prime* +18.99% This APR will vary with the market based on the Prime Rate.
APR for Cash Advances	Prime*+ 27.99% This APR will vary with the market based on the Prime Rate.
Paying Interest	Yourdue date is at least 25 days afterthe close ofeach billing cycle. We will not charge you interest on purchases ifyou pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date.
Minimum Interest Charge	Ifyou are charged interest on purchases, the charge will be no less than $1.
For Credit Card Tips from the Consumer Financial Protection Bureau	To learn more about factors to consider when applying for or using a credit card, visit the website ofthe Consumer Financial Protection Bureau at: http://www.consumerfinance.gov/learnmore
	
Fees
Annual Fee	$40
Transaction Fees •	Cash Advance •	BalanceTransfer •	Foreign Transaction	Either $10 or 4% ofthe amount ofeach cash advance, whichever is greater Either $10 or 4% ofthe amount ofeach transfer, whichever is greater 3% ofeach transaction in U.S. dollars
Penalty Fees •	Late Payment •	Returned Payment	Up to $37 Up to $20
How We Will Calculate Your Balance: We use a method called “daily balance.” See account agreement for more details.
*For each billing cycle, we use the Prime Rate from The Wall Street Journal two business days before the Statement Date forthat billing cycle. YourAPRs may increase ifthe Prime Rate increases. IfyourAPRs increase, the amount of interest you will owe and the Minimum Payment Due may increase.
BBVA is a trade name of BBVA USA, a member of the BBVA Group.
F03-X963-7 B rev 06/2019RB