Card Agreement Guide

This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each 
section. This is not intended to be a complete summary of the Card Agreement’s contents, and we encourage you to read your 
entire Card Agreement, including the arbitration provision, before you use your Account.

DEFINITIONS 
Lists the meanings of particular phrases and terms  
used in the Card Agreement.

YOUR ACCOUNT 
Describes some of your responsibilities for using  
your Account. 

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ANNUAL PERCENTAGE RATES &  
INTEREST CHARGES  
Shows how we calculate interest rates and how that 
affects your Account balance.

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CREDIT REPORTING 
Describes what information we provide about you to 
credit reporting agencies, and how to dispute items  
on your report. This section also explains how we use 
information we get about you from those agencies.

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ACCOUNT INFORMATION, INFORMATION SHARING  
& COMMUNICATIONS 
Explains that your personal information we use to 
manage your Account should always be up to date.  
Also notes that we share information about you and your 
Account. In addition, this section describes how we may 
contact you.

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FEES & FOREIGN CURRENCY CONVERSION 
Describes the fees that can be applied to your Account, 
including annual membership fees, late fees, as well  
as foreign transaction fees for Purchases not in  
U.S. dollars.

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PAYMENTS 
Shows how your monthly Minimum Payment Due is 
calculated, tells you how we apply your payments to 
balances, and gives you certain instructions for making 
payments (and tells you the possible consequences of 
not following those instructions).

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AUTHORIZED USERS 
Describes an Authorized User’s rights and your 
responsibility for that user. Also describes what 
information we can share about you and your 
Authorized User.

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DEFAULT, CLOSING OR SUSPENDING  
YOUR ACCOUNT 
Tells you when we may require immediate payment of 
your total Account balance, and explains when we may 
close or suspend your Account, and when you may 
close your Account.

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TRANSACTIONS  
Provides important information about merchant credits, 
recurring Transactions and card refusals.

ARBITRATION 
Explains that you cannot go to court, have a jury trial  
or initiate or participate in a class action if you have  
a dispute with us. Instead, this provision tells you  
that the dispute must be resolved by a professional 
arbitrator, not a judge or jury. This section also explains 
how arbitration works and some of the differences 
between resolving a dispute in arbitration and resolving 
one in court. 

AGREEMENT & BENEFIT CHANGES 
Explains that we can make changes to the Card 
Agreement and your card benefits and features.

MISCELLANEOUS 
Explains subjects that aren’t included in previous sections.

YOUR BILLING RIGHTS 
Explains your billing rights, which include how to 
address possible statement mistakes and your rights  
if you’re not satisfied with a Purchase.

 
 
 
 
Card Agreement 

This Card Agreement (Agreement) is your contract with us.

The Facts about Interest and Fees document (Fact Sheet) is part of this Agreement. The Fact Sheet shows important 
information about your Account, such as your annual percentage rates and certain fees. Any amendments to this Agreement 
also are part of this Agreement. 

Please read all parts of this Agreement, including the arbitration provision, and keep it for your records. 

Note: Throughout the Agreement are examples, helpful tips and additional explanations  
that will make the Agreement easier to understand.  

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Account – Your Citi Account. 

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DEFINITIONS

Annual Percentage Rate (APR) – A rate, shown as a percentage, used to 
calculate interest on the balance on your Account.

Consumer Reporting Agency – An organization, such as Experian, 
Equifax and TransUnion, that compiles credit information for the purpose 
of generating consumer credit reports. It’s also known as a “credit bureau” 
and a “credit reporting agency.”

Authorized User – Any person you allow to use your Account with a Card 
we provided with that person’s name. 

Include and including – These terms mean “include [or including] without 
limitation.”

Balance Transfer – Use of a Balance Transfer offer, including use of a 
check that accesses your Account for any transaction, or the transfer of  
a balance from another credit account to your Account.

Late Payment – A payment is late if you don’t pay at least an amount 
equal to the Minimum Payment Due minus any Overlimit Amount by the 
payment due date.

Billing Period – The period of time between each date when we create 
a statement for your Account. A Billing Period is usually 28 – 33 days. 
For each Billing Period, your statement will show any Transactions, other 
charges, payments and other credits posted during that Billing Period.

Business Day – Monday through Friday, excluding federal holidays.

New Balance – The total amount you owe us at the end of each Billing 
Period. This amount is shown on each statement under the heading “New 
Balance.” We explain how we calculate the New Balance below. 

Overlimit Amount – The amount by which your Account balance exceeds 
your credit limit in any Billing Period. 

Card – One or more cards or other devices (including an account number) 
used to access your Account to obtain credit. 

Purchase – Use of your Card to buy goods and services. Balance Transfers 
and Cash Advances are not Purchases.

Card Networks – Organizations, such as MasterCard, Visa and American 
Express, that facilitate the payment process between a cardmember, 
merchants and a card issuer.

Returned Payment – A payment that isn’t honored by your  
financial institution.

Cash Advance – Use of your Card to get cash, including foreign currency, 
or for what we consider a cash-like transaction. Examples include using 
your Card for: ATM and teller withdrawals, wire transfers, money orders, 
traveler’s checks, lottery tickets, gaming chips and other methods used for 
gambling, wagers and other betting transactions.

Transaction – A Balance Transfer, Cash Advance or Purchase,  
as applicable.

we, us and our – Citibank, N.A.

you and your – The cardmember who opened the Account.

You’ll find definitions of other terms within this Agreement. 

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YOUR ACCOUNT

Your Account use is subject to this Agreement. You must pay us for all amounts 
due on your Account, including: 

1.   Transactions you make, even if you didn’t present your Card or sign for  

the Transaction; 

2.  Transactions an Authorized User makes;

3.   Transactions that other people make if you or an Authorized User let them use 

your Account; and

4.  Any fees and interest charges on the Account.

Binding Agreement. This Agreement takes effect once you use your Card. Even 
if you don’t use your Card, this Agreement will take effect unless you contact us to 
cancel your Account within 30 days after we sent you this Agreement.

Credit Limit. We assign a credit limit to your Account. Part of this credit limit may 
be available for Cash Advances, and there may be a limit on the amount of Cash 
Advances you can take in a given period. We may authorize Transactions that 
cause your balance to exceed your credit limit. 

ACCOUNT USE

Consumer Purposes. You aren’t permitted to use your Account for business 
purposes. If you do use your Account for business purposes, this Agreement still 
applies, and you must pay us for those Transactions. You have to pay us for any 
damages and/or expenses resulting from that use. In addition, we may also close 
your Account.

Unlawful Transactions. You aren’t permitted to use your Account for unlawful 
Transactions. If you do use your Account for unlawful Transactions, this 
Agreement still applies and you must pay us for those Transactions. You also may 
have to pay the Card Network and/or us for any damages and expenses resulting 
from that use. In addition, we may close your Account. 

Mobile Phone or Other Devices. Smart phones, tablets and other electronic 
devices can store your Card (such as through a mobile wallet). This means they 
can be used to make Purchases or other Transactions. Any such Transactions 
are covered by this Agreement. Apps that use your Card to make Transactions 
may have separate terms of use. We’re not responsible if you violate those terms, 
or for any consequences resulting from any violation.

Note: It’s important to protect your devices the same way you protect your Card. Anyone who can access your Card using your device also  
can make charges to your Account using that device.

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ANNUAL PERCENTAGE RATES & INTEREST CHARGES

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The following sections explain how we calculate the interest you owe each  
Billing Period. 

APRs. We use APRs to calculate interest charges on your Account. Different 
APRs may apply to different Transactions. See the listing of your APRs on the  
Fact Sheet. 

Variable APRs. A variable APR is an APR that can change each Billing Period. 
We calculate each variable APR first by taking the U.S. Prime Rate from The 
Wall Street Journal (WSJ) two Business Days before the last day of each Billing 
Period. (If the WSJ doesn’t publish the U.S. Prime Rate that day, then we’ll use 
another publication.) Then we add to the U.S. Prime Rate a certain percentage 
amount, which we call the Margin. You can find the Margin we use for your 
Account in the Details About Your Interest Rate section of the Fact Sheet. 
Your variable APRs will increase if the U.S. Prime Rate increases and decrease 
if the U.S. Prime Rate decreases. If a variable APR increases, then your interest 
charges and Minimum Payment Due may increase. 
If the U.S. Prime Rate changes, we’ll apply the new variable APR starting from 
the first day of the Billing Period when we take the U.S. Prime Rate from the WSJ. 
The new APR will apply to existing balances, as well as balances added to your 
Account after the change.

How is a variable APR calculated?

If the U.S. Prime Rate published in the WSJ two Business Days 
before the end of a Billing Period is 5%; and  
If the Margin is 13.99%; then  
Add the two together to calculate a variable APR:

5% + 13.99% = 18.99%

Penalty APR. If you have a Late or a Returned Payment, we may apply a 
penalty APR to your Account. We determine your penalty APR based on your 
creditworthiness.  
•   Penalty APR for new Transactions (less than 60 days late). If you make a 

Late Payment and it’s less than 60 days late or you have a Returned Payment, 
the penalty APR only will apply to new Transactions. We’ll review your Account 
from time to time, to determine if any penalty APR should be reduced.

•   Penalty APR for existing balances and new Transactions (60 or more days 
late). If we haven’t received your Minimum Payment Due within 60 days after 
its due date, we may apply the penalty APR to both the existing balances and 
new Transactions. If you make your next 6 consecutive Minimum Payments 
Due on time, we’ll stop applying the penalty APR to existing balances and new 
Transactions. If you don’t make your next 6 consecutive Minimum Payments 
Due on time, the penalty APR may continue to apply indefinitely to existing 
balances and new Transactions.

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Section 3 — ANNUAL PERCENTAGE RATES & INTEREST CHARGES (continued)

Daily Balance 
We calculate interest on your Account each Billing Period first by 
calculating your daily balances. The following explains how we do that.

Here’s how and when Transactions, fees and credits are applied to 
the balances on your Account:
•   We add the amount of a Purchase or Balance Transfer to the Purchase 

balance as of the post date on your statement. 

•   We add the amount of a Cash Advance to the Cash Advance balance 

as of the post date on your statement.  

•   We add a Balance Transfer fee to the Purchase balance as of the 

post date on your statement. We add a Cash Advance fee to the Cash 
Advance balance as of the post date on your statement. We’ll add 
any other fees to the balance of our choice. If you’re charged interest 
in a Billing Period, but the amount calculated is less than $0.50, we’ll 
add additional interest to the balance(s) of our choice so that you’ll be 
charged $0.50 in interest for that Billing Period. 

•   We subtract credits and payments as of the post date shown on your 

statement.

Interest Calculation. Each daily balance may have a different APR. 
Certain categories of Transactions in a daily balance may have multiple 
APRs. For example, you may make a Purchase or Balance Transfer 
that’s subject to a promotional APR. If a daily balance on your Account 
is subject to an APR, we’ll charge interest on that daily balance. We use 
the daily balance method (which includes new Transactions). If interest 
applies to a balance, it will start applying on the day a charge is added to 
that balance and continue until that balance is paid in full. We consider 
a credit balance as a balance of zero when calculating interest on that 
balance. 
•   We multiply each daily balance by its applicable daily periodic rates 

(each applicable APR divided by 365). 

•   We do this for each day in the Billing Period. This gives us the daily  

interest amounts. 

•   Then we total all the daily interest amounts for all the daily balances.  

This gives us the total interest for the Billing Period.

        Note: Your balances, and their corresponding APRs, are shown on  

•   Each balance may have a different APR. Certain categories of 

your statement.

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Transactions in a balance may have multiple APRs. For example, 
you may make a Purchase or Balance Transfer that’s subject to a 
promotional APR. Your balances, and their corresponding APRs,  
are shown on your statement.

        Note: The post date shown on your statement will usually be the date 

of the Transaction, but it may be later.

Here’s how we calculate each of the daily Purchase and Cash 
Advance balances on your Account: 
•  We start with the daily balance from the end of the previous day.
•   We add any new Transactions, fees and other charges, including 
interest accrued on the previous day’s balance. This means that  
interest is compounded daily.

•  We subtract any credits or payments credited as of that day.
•   We make additional adjustments as appropriate, subject to applicable 
law (as an example, for a disputed charge). This gives us the daily 
balance for that day. 

  Daily balance for purchases from the previous day

+ New purchases
+ Fees and interest accrued on the previous day’s Purchase balance
– Payments, credits and adjustments posted that day

= New daily balance for Purchases

Calculating the New Balance. To calculate the New Balance at the end 
of each Billing Period, we begin with the total Account balance at the start 
of that Billing Period. Then we add any Transactions that are new to the 
Account during that Billing Period. Then we subtract any credits applied 
or payments made during that Billing Period. Then we add any interest 
charges or fees incurred during that Billing Period and make any other 
adjustments, as applicable (for example, if you have disputed a charge).
Grace Period on Purchases. You won’t pay any interest on Purchases if 
you pay the New Balance, including any Balance Transfers, in full by the 
payment due date shown on your statement each Billing Period. We call 
this a grace period on purchases. If you don’t pay your New Balance, 
including any Balance Transfers, in full by the payment due date in a 
Billing Period, you’ll pay interest on your Purchases from the date they’re 
posted to your Account. You also won’t have a grace period on Purchases 
again until you pay the New Balance in full by the payment due date 2 
Billing Periods in a row. 
There’s no grace period on Balance Transfers and Cash Advances. This 
means you’ll pay interest on Balance Transfers and Cash Advances from 
the date these Transactions post to your Account.

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FEES & FOREIGN CURRENCY CONVERSION

Amount 

About the Fee

FEES

Fee  

Annual Membership Fee 

See Pricing Table 

Late Fee 

Up to $35   

Returned Payment Fee 

Up to $35  

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If your Account has an annual membership fee, the Fact Sheet shows this fee.  
You’ll see this annual fee on your first statement after opening your Account and  
each year after that. We’ll charge the fee if your Account is open, even if you    
don’t have a balance.

 We have the right to charge you a late fee if you don’t pay at least an amount 
equal to the Minimum Payment Due minus any Overlimit Amount by the payment 
due date. Any late fee will be based on your Account balance as of the payment 
due date. If we charge you a late fee, it will be $15 on balances up to $100; or 
$25 on balances of $100 and over. If you make another Late Payment within the 
next 6 Billing Periods, the late fee will be $15 on balances up to $100; $29 on 
balances of $100 up to $250; or $35 on balances of $250 and over. The amount 
of your late fee will never be higher than your Minimum Payment Due.

We have the right to charge you a Returned Payment fee of $25 if your bank  
doesn’t honor your payment. If that happens, we’ll resubmit the payment request.  
If your bank  doesn’t honor another payment within 6 consecutive Billing Periods,  
the returned payment fee will go up to $35. 

Transaction Fee for  
Balance Transfers 

Transaction Fee for  
Cash Advances 

Either $5 or 3% of the amount of  
each transfer, whichever is greater. 

Either $10 or 5% of the amount of each  
cash advance, whichever is greater. 

We charge you a fee for each Balance Transfer.  

We charge you a fee for each Cash Advance.  

Transaction Fee for Purchases 
in Foreign Currency 

0 – 3% of the amount of the Transaction 
after conversion to U.S. dollars. 

We charge you a fee for a Purchase made in a currency other than U.S. dollars  
regardless of where the Transaction takes place or who the merchant is. 

FOREIGN CURRENCY CONVERSION
Foreign Currency Conversion – Purchases. A Card Network converts the 
amount of a Purchase in a foreign currency into U.S. dollars. Each Card Network 
follows its own procedures for conversion. These procedures include how the 
Card Network chooses an exchange rate and when to do the conversion. For 
example, Visa chooses either a government-mandated exchange rate or chooses 
from a range of rates available on wholesale currency markets (and, in either 
case, the exchange rate that it chooses may be less favorable than the rate that 
Visa itself, receives when it makes foreign currency transactions). Depending on 
the policies of each Card Network, the exchange rate chosen may be the one in 
effect on the day the Card Network does the conversion, or on the day before. 
The exchange rate that a Card Network uses to convert the Purchase to U.S. 
dollars may differ from the rate in effect on the date you made the Purchase or 
on the post date for that Purchase shown on your statement. The Card Network’s 
procedures may change without notice. 
If a third party, such as a merchant, converts the amount of a Purchase into U.S. 
dollars before sending the Purchase to a Card Network, the third party chooses 
the conversion rate instead of the Card Network.

Foreign Currency Conversion – Cash Advances. If you take a Cash Advance 
in a foreign currency at an ATM or branch of a financial institution, it may not 
be the Card Network in all instances that converts the Transaction into U.S. 
dollars. Instead, depending on where the Transaction takes place, another third 
party, such as a financial institution, ATM network or ATM operator, may do the 
conversion. We do not control this. However, if you use your Card for a Cash 
Advance at a Citibank ATM or branch, then we or our affiliates may do  
the conversion.
The party that converts a Cash Advance to U.S. dollars will choose the exchange 
rate and when to do the conversion. The exchange rate in effect on the date the 
Cash Advance is converted to U.S. dollars may differ from the rate in effect on the 
date you took the Cash Advance or the post date for that Transaction shown on 
your statement. The exchange rate may also differ from any rate quoted to you 
when you made the Transaction.

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PAYMENTS

Minimum Payment Due. You may pay all or a part of your Account 
balance at any time. You must pay at least the Minimum Payment Due by 
the payment due date each Billing Period. 
Your “Minimum Payment Due” equals: 
•  Any amount past due; plus
•  Any Overlimit Amount; plus 
•   The greater of: 

1.  The New Balance, if it’s less than $25; 
2.  $25 if the New Balance is at least $25; 
3.   1% of the New Balance (rounded to the nearest dollar), plus any 
billed interest or minimum interest charge, plus any late fee; or

   4.  1.5% of the New Balance (rounded to the nearest dollar).
The Minimum Payment Due is never more than the New Balance.

Application of Payments. We decide how to apply your payment, up to 
the Minimum Payment Due, to the balances on your Account. We may 
apply the Minimum Payment Due first to interest charges, then to the 
balance with the lowest APR and then to balances with higher APRs. If 
you pay more than the Minimum Payment Due, we’ll apply the amount 
over the Minimum Payment Due first to the balance with the highest APR, 
then to the balance with the next highest APR, and so on, except as 
otherwise required by applicable law. 
Payment Instructions. You must follow the instructions below when 
making a payment. If you do, we’ll credit the payment to your Account as 
of the day we receive it.  
  1. You must pay in U.S. dollars. 

 2.  You must use a check or electronic debit issued by a bank in the  

United States. 

  3. You must not send us a check dated after the date that we receive it.   
  4. You must not enclose more than one check per envelope. 
  5. You must not include any restrictive endorsements on the check.
  6.  You must follow the additional payment instructions shown on  

your statement.

If you don’t pay in U.S. dollars and we accept your payment, we’ll select 
the currency conversion rate, and you must pay our costs. If you don’t 
follow our payment instructions, we may not accept your payment, or 
there may be a delay in crediting your Account. Either case may result 
in late fees and additional interest charges to your Account. If you don’t 
follow the instructions in this Agreement or on your statement, we may 
accept your payment without losing our rights. We may reject a payment  
if it’s more than the outstanding Account balance. We also may close  
your Account.

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        Note: Your payment due date is typically the same day of the month 
every month. You may request a change to your monthly due date.

How is the Minimum Payment Due calculated?

For example, in a sample Billing Period, an Account with no past due  
or Overlimit amounts has:

New Balance: $2,500 
Interest: $18.54 

Since the New Balance is more than $25, and there are no past due or 
Overlimit amounts, the Minimum Payment Due will be the greater of:

1% of the New Balance (1.0% x $2,500: $25.00)  
+ interest ($18.54): $43.54

or

1.5% of the New Balance (1.5% x $2,500): $37.50

Since 1% of the New Balance plus interest ($43.54) is greater than 
1.5% of the New Balance ($37.50) the Minimum Payment Due is 
$43.54.

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AUTHORIZED USERS

Account Use by Authorized Users. You can ask us to add one or more 
Authorized Users to your Account. If we approve, use of your Account by 
an Authorized User is subject to the terms of this Agreement. You must:
•   Obtain permission from each Authorized User before naming him or her 

as an Authorized User on your Account.

•  Make a copy of this Agreement available to each Authorized User.
•  Pay us for all charges incurred by each Authorized User.
•  Notify us to remove an Authorized User from your Account.
If we remove an Authorized User, in some cases we may close your 
Account, open a new Account and issue you a new Card. 

You’re responsible for:
•  Any Transactions made by an Authorized User on your Account.
•   Any Transaction made by an Authorized User even if the post date 

shown on your statement for that Transaction occurs after the date you 
ask us to remove the Authorized User from your Account. 

•   Any Transactions made by others if an Authorized User allows them to 

use your Account.

•    Fees and charges resulting from any Transactions made by an 

Authorized User or others if an Authorized User allows them to use  
your Account.

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Section 6 — AUTHORIZED USERS (continued)

  What can Authorized Users do?   
•  Report lost or stolen Cards 
•  Request statement copies 
•   Initiate billing disputes 
•  Make payments  
•  Change the billing address   

for your Account  

•   Request refund checks  
•  Obtain Account information 

 such as Transaction histories 

Account Information Rights for Authorized Users. You allow us to 
discuss your Account with an Authorized User. This includes giving 
him or her access to your Account information and history. You also 
agree that an Authorized User may use and receive information about 
the Account the same way you do. An Authorized User can’t add other 
Authorized Users, adjust the credit limit or close the Account. 

Information about Authorized Users. You agree to give us certain 
personal information about each Authorized User. You must let each one 
know that you’ll give us that information and you must have his or her 
permission to do so. You must have permission from each one to allow  
us to share information about him or her as allowed by applicable law. 
This includes information we may get from you, any Authorized User  
and others. It also includes information about their Transactions on  
the Account. 

Credit Reporting. We report information about this Account to Consumer 
Reporting Agencies in the Authorized User’s name that may appear on 
their credit report. This could include information about:

•  Late Payments;  
•  Overlimit Amounts; 
•  Returned Payments; and    
•   Other violations of this Agreement.
You must let each Authorized User know that we report Account 
information in his or her name. Also, see Credit Reporting in Section 8.

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DEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT

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Default. We may require immediate payment of your total Account 
balance, to the extent allowed by law, if any of the following occurs:
1.  You don’t pay at least the Minimum Payment Due by the due date. 
2.  You have a Returned Payment.
3.   You file for bankruptcy or some other insolvency proceeding is filed  

by or against you. 

4.  You don’t honor the terms of this Agreement.
5.  You default under any other card agreement you have with us. 
6.   You’re declared incompetent or mentally incapacitated, or in the  

event of your death.

Closing or Suspending Your Account. We may close or suspend your 
Account if any of the events listed above occur, or for any reason, or for 
no reason. We may do this at any time, without notifying you, as allowed 
by law. We may cancel your current Card and issue you a substitute Card 
at any time. You also may close your Account at any time by notifying 
us by telephone or in writing. If we close or suspend your Account, or if 
you close your Account, you must pay us all amounts you owe on the 
Account, even if they post to your Account after it’s closed or suspended.

Closing Secured Accounts. If your Account is a secured Account, you 
gave us a security interest in a deposit account. This secures repayment 
of your Account. If you withdraw your funds from the deposit account, 
we will close your Account. If you gave us a security interest in a deposit 
account, we may use the deposit amount to pay any amount you owe.

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CREDIT REPORTING

You allow us to get information about you. We get it from Consumer 
Reporting Agencies and other sources that provide consumer financial 
information. You allow us to use it for: 
•  Renewal of your Account;
•  Credit line increases or decreases;
•   Administration or review of your Account, collection and any  

information we provide may appear on your credit reports. This can 
include information about:
•  Late Payments;
•  Overlimit Amounts; 
•   Returned Payments; and 
•   Other violations of this Agreement.

other servicing;

•  All other credit-related purposes connected with this Agreement; 
•  Offers for other cards, insurance products and other services; and
•  Other uses permitted by law.

We report Account information in your name, as well as information 
about you to Consumer Reporting Agencies, on a monthly basis. The 

If you think we’ve given incorrect information to a Consumer Reporting 
Agency about you (or about an Authorized User), contact Customer 
Service and we’ll research it. We’ll let you know if we agree or disagree 
with you. If we agree with you, we’ll contact each Consumer Reporting 
Agency we reported to and request a correction. 

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ACCOUNT INFORMATION, INFORMATION SHARING & COMMUNICATIONS

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Changes to Account Information. You provided certain personal 
information to us when you opened your Account. You agree to notify  
us if this information changes. If you don’t, or if we ask you to verify  
your Account information and you cannot, we may suspend or close  
your Account.

Information Sharing. You agree to let us share information about you  
and your Account as allowed by law. This includes information we get 
from you and others. Our privacy notice, which is enclosed with your 
new Account materials, describes reasons Citi can share its customers’ 
personal information. 

COMMUNICATIONS

Contacting You. You agree that we (and/or our service providers or 
anyone we authorize) may contact you at any phone number, email  
address  or mailing address you provide or we obtain in other ways. This 

includes communications to mobile, cellular/wireless, or similar devices. We 
may contact you by live operator, auto-dialer, recorded or artificial voice, 
text or email.
You agree to pay any charges from your plan provider for communications 
we send to you, as well as communications you send to us. 
How We Capture and Use Voiceprints. We may use voice recognition 
technology to verify your identity when you call. We may capture and store 
your voiceprint for this purpose. 
Call Monitoring. We may monitor and record any calls between you  
and us.
Notices. We send any notices to your billing address or, if you’ve agreed, 
by email to the address you gave us. We consider a notice sent as soon 
as we mail it. We consider an electronic notice sent as soon as we email it, 
unless we receive notification that the email was undeliverable.

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TRANSACTIONS

Merchant Refunds. A merchant refund to your Account will post to your 
Account as a credit. We don’t control when a merchant sends an Account 
credit. We’ll choose how to apply the credit to your existing Account 
balances. If a credit creates a credit balance on your Account, we’ll mail 
you a check for the amount of the credit balance.

 Note: Merchant Surcharges. Some merchants, including merchants  
outside the U.S., may charge you a fee to use your Card for a Purchase.  
The fee will be either a percentage of the amount of your Purchase, or a flat  
fee, and will be added to the amount of your Purchase. Usually, a merchant  
will tell you about this fee before you use your Card, but not always. We 
don’t control these fees, and can’t prevent them.

Recurring Authorized Transactions. If you authorize a merchant or any 
other person to charge your Account for recurring Transactions, you must 
notify the merchant if: 

•  You want to discontinue these Transactions; 
•  Your Account is closed; 
•  Your Account number changes;  
•  Your Card expiration date changes.

You’re responsible for reinstating any recurring authorized Transactions. 

Refusal of the Card. We don’t guarantee approval of Transactions. We 
are not liable for those that aren’t approved, even if you have enough 
available credit on your Account. If we detect unusual or suspicious 
activity, we may suspend your credit privileges. We also may limit the 
number of Transactions approved in a single day.

11

ARBITRATION

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.
This section provides that disputes may be resolved by binding 
arbitration. Arbitration replaces the right to go to court, have a jury trial or 
initiate or participate in a class action. In arbitration, disputes are resolved 
by an arbitrator, not a judge or jury. Arbitration procedures are simpler 
and more limited than in court. This arbitration provision is governed by 
the Federal Arbitration Act (FAA), and shall be interpreted in the broadest 
way the law will allow.

Covered claims  
•   You or we may arbitrate any claim, dispute or controversy between 

you and us arising out of or related to your Account, a previous related 
Account or our relationship (called “Claims”).

•   If arbitration is chosen by any party, neither you nor we will  

have the right to litigate that Claim in court or have a jury trial  
on that Claim. 

Except as stated below, all Claims are subject to arbitration, no matter 
what legal theory they’re based on or what remedy (damages, or 
injunctive or declaratory relief) they seek, including Claims based on 
contract, tort (including intentional tort), fraud, agency, your or our 
negligence, statutory or regulatory provisions, or any other sources of 
law; Claims made as counterclaims, cross-claims, third-party claims, 
interpleaders or otherwise; Claims made regarding past, present or future 
conduct; and Claims made independently or with other claims. This also 
includes Claims made by or against anyone connected with us or you or 

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Section 11 — ARBITRATION (continued)

claiming through us or you, or by someone making a claim through us  
or you, such as a co-applicant, Authorized User, employee, agent, 
representative or an affiliated/parent/subsidiary company.

Arbitration limits 
•   Individual Claims filed in a small claims court are not subject to 
arbitration, as long as the matter stays in small claims court. 
•   We won’t initiate arbitration to collect a debt from you unless you 

choose to arbitrate or assert a Claim against us. If you assert a Claim 
against us, we can choose to arbitrate, including actions to collect a 
debt from you. You may arbitrate on an individual basis Claims brought 
against you, including Claims to collect a debt.

•   Claims brought as part of a class action, private attorney general or 
other representative action can be arbitrated only on an individual 
basis. The arbitrator has no authority to arbitrate any claim on a class 
or representative basis and may award relief only on an individual 
basis. If arbitration is chosen by any party, neither you nor we may 
pursue a Claim as part of a class action or other representative 
action. Claims of 2 or more persons may not be combined in the same 
arbitration. However, applicants, co-applicants, Authorized Users on a 
single Account and/or related Accounts, or corporate affiliates are here 
considered as one person.

How arbitration works 
•   Arbitration shall be conducted by the American Arbitration Association 
(“AAA”) according to this arbitration provision and the applicable AAA 
arbitration rules in effect when the claim is filed (“AAA Rules”), except 
where those rules conflict with this arbitration provision. You can 
obtain copies of the AAA Rules at the AAA’s website (www .adr.org) 
or by calling 800-778-7879. You or we may choose to have a hearing, 
appear at any hearing by phone or other electronic means, and/or be 
represented by counsel. Any in-person hearing will be held in the same 
city as the U.S. District Court closest to your billing address.
•   Arbitration may be requested at any time, even where there is a 

pending lawsuit, unless a trial has begun or a final judgment entered. 
Neither you nor we waive the right to arbitrate by filing or serving a 
complaint, answer, counterclaim, motion or discovery in a court lawsuit. 
To choose arbitration, a party may file a motion to compel arbitration 
in a pending matter and/or commence arbitration by submitting the 
required AAA forms and requisite filing fees to the AAA.

•   The arbitration shall be conducted by a single arbitrator in accord 
with this arbitration provision and the AAA Rules, which may limit 
discovery. The arbitrator shall not apply any federal or state rules of 
civil procedure for discovery, but the arbitrator shall honor claims of 
privilege recognized at law and shall take reasonable steps to protect 
Account information and other confidential information of either party if 
requested to do so. The arbitrator shall apply applicable substantive law 
consistent with the FAA and applicable statute of limitations, and may 
award damages or other relief under applicable law.

•   The arbitrator shall make any award in writing and, if requested by  

you or us, may provide a brief statement of the reasons for the award.  
An arbitration award shall decide the rights and obligations only of  
the parties named in the arbitration, and shall not have any bearing  
on any other person or dispute.

Paying for arbitration fees   
•   We’ll pay your share of the arbitration fee for an arbitration of Claims  
of $75,000 or less if they are unrelated to debt collection. Otherwise, 
arbitration fees will be allocated according to the applicable AAA 
Rules. If we prevail, we may not recover our arbitration fees, unless the 
arbitrator decides your Claim was frivolous. All parties are responsible 
for their own attorney’s fees, expert fees and any other expenses, 
unless the arbitrator awards such fees or expenses to you or us based 
on applicable law.

The final award   
•   Any award by an arbitrator is final unless a party appeals it in writing 
to the AAA within 30 days of notice of the award. The arbitration 
appeal shall be determined by a panel of 3 arbitrators. The panel will 
consider all facts and legal issues anew based on the same evidence 
presented in the prior arbitration, and will make decisions based on 
a majority vote. Arbitration fees for the arbitration appeal shall be 
allocated according to the applicable AAA Rules. An award by a panel 
on appeal is final. A final award is subject to judicial review as provided 
by applicable law.

Survival and Severability of Terms  
This arbitration provision shall survive changes in this Agreement and 
termination of the Account or the relationship between you and us, 
including the bankruptcy of any party and any sale of your Account, or 
amounts owed on your Account, to another person or entity. If any part 
of this arbitration provision is deemed invalid or unenforceable, the other 
terms shall remain in force, except that there can be no arbitration of 
a class or representative Claim. This arbitration provision may not be 
amended, severed or waived, except as provided in this Agreement or  
in a written agreement between you and us.

Rules for rejecting this arbitration provision 
You may reject this arbitration provision by sending a written rejection 
notice to us at: PO Box 6195; Sioux Falls, SD 57117-6195. Your rejection 
notice must be mailed within 45 days of Account opening. Your rejection 
notice must state that you reject the arbitration provision and include your 
name, address, Account number and personal signature. No one else 
may sign the rejection notice. Your rejection notice will not apply to the 
arbitration provision(s) governing any other account(s) that you have or 
had with us. Rejection of this arbitration provision won’t affect your other 
rights or responsibilities under this Agreement, including use of  
the Account.

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12

AGREEMENT & BENEFIT CHANGES

Changes to this Agreement. We may change this Agreement for any  
reason and at any time, subject to applicable law. This means that 
we can change rates and fees that apply to your Account. It also 
means we can add, replace or remove provisions of this Agreement. 
If required by applicable law, we’ll give you notice of the changes. 
If you have the right to reject a change, we’ll notify you and tell you 

how to reject. If we notify you of a change, we may do so on your 
statement or send you a separate written notice, either of which may 
be sent electronically if permitted by applicable law.

Changing Benefits. Any benefit, reward, service or feature offered may 
change or be discontinued at any time for any reason. Separate terms 
and conditions will describe any exceptions.  

13

MISCELLANEOUS

Assignment. We may assign any or all of our rights and obligations 
under this Agreement to a third party. You may not sell, assign or transfer 
your Account or any of your obligations under this Agreement. 
Governing Law. Federal law and the law of South Dakota govern the 
terms and enforcement of this Agreement.
Enforcing this Agreement. We won’t lose our rights under this 
Agreement because we delay in enforcing them or fail to enforce them. 
If any provision of this Agreement is found to be unenforceable, all other 
provisions of the Agreement will remain in effect. 
Collection Costs. To the extent allowed by law, you’re liable to us for our 
legal costs if we refer collection of your Account to a lawyer who isn’t our 
salaried employee. These costs may include reasonable attorneys’ fees, 
as well as costs and expenses of any legal action. 

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Unforeseen Circumstances. From time to time, our services might 
be unavailable due to circumstances beyond our control (such as fires, 
floods, natural disasters, system failures or other unpredictable events). 
When this happens, you might not be able to use your Card or obtain 
information about your Account. We’re not responsible or liable if this 
happens. 
Lost or Stolen Cards, Account Numbers or Account Checks. You 
must try to prevent the unauthorized use of your Account and any Card, 
including your Account number. You must call us if any Card is lost or 
stolen. Also, you must call us if you think someone has used or may use 
these items without permission.

Headings. The headings in this Agreement are included as a matter 
of convenience and don’t define, limit or enlarge the scope of this 
Agreement or any of its provisions. 

14

YOUR BILLING RIGHTS

This notice tells you about your rights and our responsibilities under the 
Fair Credit Billing Act. Keep this document for future use.
What to Do if You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at the address for 
billing inquiries and correspondence shown on the front of your statement. 

In your letter, give us the following information:
•  Account information: Your name and account number.
•  Dollar amount: The dollar amount of the suspected error.
•   Description of problem: If you think there is an error on your bill, describe 

what you believe is wrong and why you believe it is a mistake. 

   You must contact us:

•  Within 60 days after the error appeared on your statement.
• 

 At least 3 business days before an automated payment is scheduled,  
if you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do 
we are not required to investigate any potential errors and you may have to pay 
the amount in question.

What Will Happen After We Receive Your Letter
  When we receive your letter, we must do 2 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 transaction 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.

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If we do not follow all of the rules above, you do not have to pay the first $50 of 
the amount you question even if your bill is correct.

  2.  You must have used your credit card for the purchase. Purchases made with 

cash advances from an ATM or with an Account check do not qualify.

Your Rights if You’re Dissatisfied with Your Credit Card Purchases

  3.  You must not yet have fully paid for the purchase.

If you are dissatisfied with the goods or services that you have purchased with 
your credit card, and you have tried in good faith to correct the problem with the 
merchant, you may have the right not to pay the remaining amount due on the 
purchase. 

  To use this right, all of the following must be true:
  1.  The purchase must have been made in your home state or within 100 miles 

of your current mailing address, and the purchase price must have been more 
than $50. (Note: Neither of these is 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.)

If all of the criteria above are met and you are still dissatisfied with the purchase, 
contact us in writing at the address for billing inquiries and correspondence shown 
on the front of your statement. 

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.

        For Further Information: Call the Customer Service number shown on  
the statement or on the back of your Card if you need more information.

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