First Command Bank Visa Cardholder Agreement (Classic)

The person(s) ("Cardholder," whether one or more) who signed and 
returned  the  Application  for  a  Visa  ("Application")  has  requested 
First Command Bank ("Bank") to extend to Cardholder open-end 
credit. The term "Cardholder" means each person who signed and 
returned the Application and any other person who has agreed to 
be  responsible  for  the  Account  (defined  below).  As  used  in  this 
Agreement, the term “person” means an individual or an entity, as 
applicable.  By  Cardholder's  use  of  the  credit  card  ("Card"),  fur-
nished by Bank in reliance in part upon the information supplied by 
Cardholder in the Application, Cardholder agrees with Bank as fol-
lows:  
1. Using the Account. Cardholder has accepted the revolving tri-
party account ("Account") made available to Cardholder by Bank. 
Cardholder may use the Card to purchase or lease goods or ser-
vices, or pay amounts that Cardholder owes, wherever the Card is 
honored ("Credit Purchases"). Cardholder may also use the Card 
to obtain cash loans ("Cash Advances") from any financial institu-
tion that accepts the Card. Cardholder agrees that the Account will 
not be used to access gambling web sites or to purchase illegal 
goods or services. Bank may refuse to process any transaction that 
Bank believes may violate this Agreement. If Cardholder provides 
the Account number to make a purchase or obtain an advance with-
out presenting the Card (such as for a mail order or telephone pur-
chase), or if Cardholder authorizes someone else to make a charge 
to the Account, Cardholder's obligation to pay will be the same as 
if the Card itself was used. Cash Advances also may be obtained 
through use of the Card (a) upon execution of a written request of 
Cardholder in a form furnished by any financial institution that is a 
member,  alone  or  in  association  with  others,  of  Visa,  Inc.  or  (b) 
upon Cardholder's execution of a written separate agreement with 
Bank for a Visa overdraft financial agreement, if offered by Bank. 
All Credit Purchases and Cash Advances are effected at the option 
of the retail merchant ("Seller") and/or cash advancing financial in-
stitution respectively, and Bank shall not be responsible for refusal 
by any Seller or cash advancing financial institution to honor the 
Card or any "Related Card," as defined in paragraph 2 below.  
2. Obligations on the Account. Cardholder (jointly or severally if 
more than one) promises to pay Bank at the address specified on 
the periodic statement (see paragraph 5 below) for all Credit Pur-
chases and Cash Advances, together with any Finance Charge as 
herein provided, plus any other charges permitted by this Agree-
ment,  all  such payments  must  be  in  lawful  money  of  the  United 
States of America. Cardholder will pay in their equivalent in U.S. 
dollars all charges in a foreign currency, which equivalence will be 
determined by reference to the amount in U.S. dollars. Bank shall 
have paid in good faith to the person presenting the item to Bank. 
Cardholder shall be liable and agrees to pay Bank for Credit Pur-
chases made by, or for Cash Advances extended to, Cardholder or 
anyone else using the Card unless the use of such Card is by a 
person other than the Cardholder (a) who does not have actual, 
implied, or apparent authority for such use and (b) from which Card-
holder receives no benefit. Additionally, Cardholder shall be jointly 
and severally liable, and agrees to pay, for all Credit Purchases 
and Cash Advances obtained through the use of any other Card 
bearing Cardholder's Account number that has been issued to an-
other person by reason of such person being a member of Card-
holder's family, or otherwise issued upon Cardholder's request (all 
such Cards bearing the same Account number hereinafter collec-
tively called "Related Cards"). Subject to any mandatory provisions 
of applicable law, all payments made by Cardholder will be applied 
to the balances on Cardholder's Account in the manner set forth 
later in this Agreement.  
3. Credit Limit. Bank will inform Cardholder from time to time of 
the maximum amount of debt ("Credit Limit") that may be outstand-
ing in the Account at any time, and Bank, in its sole discretion may 
adjust the Credit Limit from time to time. Cardholder agrees not to 
use or permit the use of the Card in any manner that would cause 
the outstanding balance in the Account ever to exceed the Credit 
Limit. If Cardholder attempts a transaction which results in Card-
holder’s total outstanding balance (plus authorizations) exceeding 
Cardholder's  Credit  Limit,  Bank  may:  (a)  permit  the  transaction 
without raising Cardholder's Credit Limit; (b) permit the transaction 
and treat the amount of the transaction that is more than the Credit 
Limit as immediately due; or (c) refuse to permit the transaction. If 
Bank refuses to permit the transaction, Bank may advise the per-
son who attempted the transaction that it has been refused. If Bank 
has previously permitted Cardholder to exceed Cardholder's Credit 
Limit, it does not mean that Bank will permit Cardholder to exceed 
Cardholder's Credit Limit on a subsequent date. Bank may desig-
nate that only a portion of Cardholder's Credit Limit is available for 
Cash Advances. If Cardholder exceeds that limit, Cardholder will 
be considered to have exceeded the Credit Limit for all purposes 
under this Agreement. 
4. Notices. Bank will send periodic statements and any other no-
tices to Cardholder at the address shown in Bank's files. If this is a 
joint Account, Bank can send periodic statements and notices to 
either Cardholder. Cardholder promises to inform Bank promptly, 
in writing, of any changes in Cardholder's address. Cardholder au-
thorizes Bank, or anyone acting on Bank's behalf, to call or send a 

text message to any number Cardholder provides or to any number 
where Bank may reasonably believe Bank can contact cardholder, 
including calls to mobile, cellular, or similar devices, and calls using 
automatic  telephone  dialing  systems  and/or  pre-recorded  mes-
sages, or to send an email to any address where Bank reasonably 
believes Bank can contact Cardholder. Calls and messages may 
be made for any lawful purpose, including but not limited to: sus-
pected fraud or identity theft; obtaining information; Cardholder's 
account  transactions  or  servicing;  collecting  on  Cardholder's  ac-
count;  and providing  Cardholder  information  about  products  and 
services. 
5. Periodic Statement. As of the end of each monthly billing cycle, 
Cardholder will be furnished a periodic statement showing, among 
other things, (a) the amount owed ("Previous Balance") at the be-
ginning of the billing cycle, (b) the amount of all Cash Advances, 
Credit Purchases and Finance Charge posted to the Account dur-
ing  the  billing  cycle,  (c)  the  amount  of  all  payments  and  credits 
posted  to  the  Account  during  the  billing  cycle,  and  (d)  the  total 
amount due ("New Balance") at the end of the billing cycle (which 
amount is the sum of [a] and [b] less [c]), (e) the "Minimum Pay-
ment," and (f) the "Payment Due Date." If Cardholder is composed 
of more than one person, only one periodic statement will be pro-
vided.  
6. Minimum Payment. Cardholder agrees to pay to Bank, on or 
prior to the Payment Due Date shown on the periodic statement, 
the sum of (a) either (i) the entire New Balance or (ii) at Cardhold-
er's option, an amount which shall be at least 2.50% of the New 
Balance (rounded up to the nearest dollar) or $50.00, whichever is 
greater, and (b) any amount that is past due and any amount that 
is over the Credit Limit. If the New Balance is less than $50.00, it 
shall be paid in full. Cardholder may pay more than the Minimum 
Payment, and may at any time pay the full amount owing to Bank. 
If Cardholder pays more than the Minimum Payment, Cardholder 
must still pay the Minimum Payment as reflected on the next peri-
odic statement. The Payment Due Date for a billing cycle will be 
not less than twenty-five (25) days after the preceding billing cycle 
ends (the "Closing Date"). 
7. Annual Fee. Bank does not charge an annual fee for the Card.  
8. Late Payment Fee. If Bank does not receive a payment from 
Cardholder in at least the amount of the Minimum Payment within 
30 days after the Payment Due Date shown on the periodic state-
ment,  Bank  may  charge  Cardholder  a  late  payment  fee  in  the 
amount stated below in the Table of Charges. Cardholder will only 
be charged a late payment fee for any Minimum Payment which is 
not paid within 30 days after the Payment Due Date. 
9. Cash Advance Fee. Each time Cardholder uses the Card or a 
Convenience Check to obtain a Cash Advance, Bank will assess a 
cash advance fee in the amount stated in the Table of Charges. 
10. When Finance Charge Begins. Bank adds a Finance Charge 
to the Account for all Cash Advances from the later of (a) the day 
the Cash Advance is posted to the Account, or (b) the first day of 
the billing cycle in which the Cash Advance is posted until Card-
holder pays the transaction(s) in full. For Credit Purchases, Bank 
adds a Finance Charge to the Account if the Cardholder does not 
pay the New Balance in full by the Payment Due Date shown on 
the periodic statement. If Bank adds a Finance Charge, Bank be-
gins  to  charge  the  Finance  Charge  on  all  amounts  Cardholder 
owes Bank (except "New Purchases") from the first day of the bill-
ing cycle; provided, however, any portion of the New Balance sub-
ject to a grace period that is paid prior to the expiration of the grace 
period will not be assessed a Finance Charge. For New Purchases, 
Bank  begins  to  charge  the  Finance  Charge  from  the  date  Bank 
posts  the  New  Purchase  to  the  Account  unless  Cardholder  has 
paid the New Balance in full on the previous periodic statement. A 
New Purchase is one that appears on the  periodic statement for 
the first time.  
11. Calculation of Finance Charge. Bank calculates the Finance 
Charge on  the  Account by applying  the  "Periodic  Rate"  (defined 
below) to the "Average Daily Balance" of the Account. To obtain 
the Average Daily Balance, Bank starts with the beginning balance 
of the Account on each day, excluding unpaid Finance Charges. 
Bank adds any Cash Advances posted to the Account that day, and 
any New Purchases, unless Cardholder paid the New Balance in 
full for the previous billing cycle by the Payment Due Date. Bank 
subtracts  any  credits  and  payments  (after  any  unpaid  Finance 
Charges are paid) posted to the Account that day. This results in 
the "Daily Balance." Then, Bank adds up all the Daily Balances for 
the billing cycle and divides that by the total number of days in the 
billing  cycle.  This  results  in  the  Average  Daily  Balance.  The  Fi-
nance Charge on the Account is calculated by multiplying the Av-
erage Daily Balance by the Periodic Rate which is .010417. 

Table of Charges 

Interest Rate and Interest Charges 

Annual Percentage  
Rate (APR) 

12.50% for Cash Ad-
vances and/or Credit Pur-
chases. 
(The APR will vary with the 
market based on the Prime 
Rate)** 

Default APR and 
When It Applies 

Paying Interest 

Credit Card Tips 
from the Federal 
Reserve Board 

18% 
This APR may be applied 
to Cardholder's account 
when the full balance be-
comes due and payable 
and Cardholder has been 
notified of the APR in-
crease. 

Cardholder's Payment Due 
Date is at least 25 days af-
ter the close of each billing 
cycle. Bank will not charge 
any interest on purchases 
if Cardholder pays the en-
tire balance by the Pay-
ment Due Date each 
month. Bank will begin 
charging interest on Cash 
Advances on the transac-
tion date. 

To learn more about fac-
tors to consider when using 
a credit card, visit the web-
site of the Federal Reserve 
Board at http://www.fed-
eralre-
serve.gov/creditcard 

Fees 
Annual Fees 
Transaction Fees 

None 

• Balance Transfer 

None 
• Cash Advance  Either $2.00 or 2% of the 
amount of each Cash Ad-
vance, whichever is 
greater, but not more than 
$75.00 per Cash Advance 

Penalty Fees 

• Late Payment 

The lesser of $15.00, or 
5% of each Minimum Pay-
ment which is not made 
within 30 days after the ap-
plicable Payment Due Date 

• Over Credit Limit  None 
• Returned Payment  $20.00 
** For Cash Advances and Credit Purchases, Bank adds 9% to 
the  Prime  Rate  to  determine  the  variable  APR  (Periodic  Rate 
.010417 as of January 1, 2016). 
HOW  BANK  WILL  CALCULATE  CARDHOLDER’S  BALANCE: 
Bank uses the average daily balance method (including new trans-
actions).   See  “Calculation  of  Finance  Charge”  section  in  this 
Agreement. 
For  Credit  Purchases  and  Cash  Advances,  the  APR  varies  with 
changes to the Prime Rate. The “Prime Rate” is the highest prime 
rate published in the Money Rates column of the Wall Street Jour-

New Classic Account (1/1/2016) 

 
 
 
 
 
nal 30 days before the Closing Date on Cardholder’s periodic state-
ment (the “Calculation Date”). On January 1, 2016, the Prime Rate 
was 3.50% therefore the APR was 12.50% as to Credit Purchases 
and Cash Advances. The APR will go up and down depending on 
the Prime Rate as of each Calculation Date; however, the APR is 
subject to change only on the first day of each billing cycle. If the 
Prime  Rate  and  the  corresponding  APR  increase,  the  Finance 
Charge also will increase and Cardholder’s Minimum Payment may 
also increase. The Prime Rate is only a pricing index and is not the 
lowest interest rate available.  
BILLING  RIGHTS:  Information  on  Cardholder’s  rights  to dispute 
transactions and how to exercise those rights are included in this 
Agreement. See “Your Billing Rights” section in this Agreement. 
12. Other Payment Terms. All payments received on or before (a) 
5 o'clock p.m. (Fort Worth, Texas time) on Bank's business day at 
the address indicated on the periodic statement, or (b) the closing 
time of the applicable branch if payment is made in person, will be 
credited to the Account as of the date of receipt of payment. If pay-
ment is made at any other location, credit for the payment may be 
delayed up to 5 days. Bank can accept late or partial payments, as 
well as payments that are marked with "Paid In Full" or any other 
similar language without losing or waiving any of Bank’s rights or 
Cardholder's obligations under this Agreement. Payment by check 
constitutes Cardholder's authorization for Bank to make a one-time 
electronic funds transfer from Cardholder's bank to make such pay-
ment. Bank is not responsible for any lost or stolen cash payments. 
Payments and credits to the Account will be applied in the following 
order: 

  Unpaid Finance Charge; 
  Late Fee; 
  Cash Advance from previous billing cycle; 
  Credit Purchases from previous billing cycle; 
  Cash Advances from current billing cycle; and 
  Credit Purchases from current billing cycle. 

If two APRs apply to Cardholder’s balance,  after payment of ac-
crued Finance Charges and late fees, Bank will allocate the rest of 
the payment to the balance which has the higher APR.  
13.  Convenience  Checks.  Bank  may  issue  "Convenience 
Checks" to Cardholder that may be used to access the Account. 
Use of a Convenience Check will be treated as a Cash Advance in 
the amount of the Check. Each Convenience Check will contain 
Cardholder's Account Number, and may be used only by the per-
son(s)  whose  name(s)  is/are  printed  on  it.  Each  Convenience 
Check must be completed and signed in the same way as a regular 
personal check. If Bank provides Convenience Checks for the Ac-
count, Cardholder may not use them to pay any amount Cardholder 
owes under this Agreement. Cardholder agrees that Bank need not 
return Convenience Checks to Cardholder after their use, and that, 
if Cardholder needs evidence of any payment represented by the 
Convenience  Check,  a photocopy  or  similar  reproduction  will  be 
satisfactory  for  such  purposes.  If  Cardholder  wishes  to  prevent 
payment of a Convenience Check, the instructions which Bank pro-
vides when the Convenience Checks are issued must be followed. 
In the event payment of a Convenience Check has been stopped, 
Cardholder agrees to hold Bank harmless and indemnify Bank for 
any losses, expenses and costs, including attorney's fees incurred 
by Bank, for preventing payment of any Convenience Check. Bank 
will use its best efforts to stop payment, but will incur no liability to 
Cardholder if it is unable to stop payment on a Convenience Check.  
14. Transaction Limits. Bank may establish limits on the amount 
Cardholder may borrow or the types of transactions Bank will per-
mit, such as one or more of the following: 

  Cash Advance, Balance Transfer, or Purchase Limits which is 
the maximum balance for each type of transaction Cardholder 
may have.  

  Daily  limits  which  are  limits  on  the  number  or  total  dollar 
amount  of  certain  transactions  that  Bank  will  authorize  in a 
single day. 

  Location limits which are certain geographic or merchant lo-
cations where Bank may not permit transactions to be made 
usually due to a higher risk of fraud or illegal activity. 

  Legal limits or limits on the use of an Account Bank deems 
necessary to comply with the law or prevent liability to Bank 
or anyone else. 

  Other  limits  which  Bank  may  establish  to  prevent  fraud  or 
losses on the Account or to protect Bank, its members, ven-
dors, affiliates, or other persons. 

Bank will advise Cardholder about some of the limits such as Card-
holder’s credit limit; however, for security and other reasons Bank 
will not tell Cardholder about all the limits Bank sets. Cardholder 
agrees not to exceed the limits of which it has been informed or 
allow the Account to exceed those limits. Bank can increase, re-
duce, cancel, or suspend any of the limits or add new limits at any 
time.  
15. Termination. Bank may terminate Cardholder's privileges un-
der this Agreement or limit Cardholder's right to make Credit Pur-
chases or receive Cash Advances at any time (and list Cardhold-
er's Account in warning bulletins in the event of such termination) 
without any reason or without advance notice or resulting liability. 
If Bank requests, Cardholder must return the Card and Conven-
ience Checks to Bank. Cardholder agrees that Cardholder will not 
try to make a Credit Purchase or obtain a Cash Advance after Card-
holder has been notified that Cardholder's privilege to use the Ac-
count has been terminated. Cardholder may terminate this Agree-
ment at any time. If Cardholder does terminate, all Cards and Con-

venience  Checks  previously  issued  on  the  Account  must  be  re-
turned to Bank. If Cardholder telephones Bank with the termination 
request, Bank may require that Cardholder confirm such intent to 
terminate in writing. Bank's or Cardholder's termination will not af-
fect  Cardholder's  existing  obligations  under  this  Agreement  or 
Cardholder's liability for all charges posted to Cardholder's Account 
prior to the time all Cards and Convenience Checks are returned 
to  Bank.  When  the  Account  is  closed,  Cardholder  must  contact 
everyone authorized to charge transactions to the Account, such 
as internet service providers, health clubs or insurance companies. 
These transactions may continue to be charged to the Account until 
Cardholder  changes  the  billing.  Also,  if  the  Bank  believes  Card-
holder has authorized a transaction or is attempting to use Card-
holder’s Account after Cardholder has requested to close the Ac-
count,  Bank may allow  the  transaction  to  be  charged  to  the  Ac-
count. If the Account is terminated by Cardholder or by Bank for 
reasons  other  than  Cardholder's  default,  Cardholder  will  be  re-
quired to pay the outstanding balance on the Account according to 
the terms of this Agreement immediately prior to such termination. 
16. Default. If (a) Cardholder defaults in any payment required to 
be made on the Account or otherwise violates any provision of this 
Agreement, or (b) Cardholder dies or seeks to obtain any relief as 
a debtor in any proceeding under any bankruptcy, insolvency, or 
debtor relief law, or (c) Cardholder provides Bank with false or mis-
leading information or signatures at any time, or (d) Cardholder fails 
to make any payment or perform any promise in any other agree-
ment or obligation that Cardholder owes Bank, then Cardholder will 
be in default under this Agreement. Bank, upon such default, may 
at its election (a) decline to extend further credit under this Agree-
ment (and Cardholder agrees not to make further Credit Purchases 
or to obtain further Cash Advances) and (b) declare all amounts 
then owed to Bank by Cardholder immediately due and payable, 
without prior notice or demand of any kind, except as may be re-
quired  by  applicable  law.  After  Bank  declares  all  amounts  then 
owed to Bank by Cardholder to be due and payable, and terminates 
Cardholder’s credit privileges under the Account Bank, at its option 
(but only after providing to Cardholder notice if such is required by 
applicable law), may increase the Annual Percentage Rate up to 
18%, which is the Default Rate under the Table of Charges. 
17. Collection Charges. If Cardholder defaults, to the extent per-
mitted by applicable law, Cardholder agrees to pay (a) all amounts 
actually incurred by Bank as court costs and attorneys' fees set by 
a court in connection with the collection of amounts due by Card-
holder  under  the  Account  and  (b)  premiums  or  other  identifiable 
charges  received  in  connection  with  the  permitted  sale  of  insur-
ance. In addition, Bank may impose on Cardholder a processing 
fee of $20.00 if a check provided to Bank by Cardholder is dishon-
ored for any reason. The dishonored check processing fee may be 
added to the New Balance and is payable on the next following due 
date, however, such fee will not accrue any Finance Charge. 
18. Governing Law. This Agreement is performable in Texas and 
is made pursuant to the provisions of Chapter 346 of the Texas 
Finance  Code,  as amended. THE  VALIDITY,  CONSTRUCTION, 
AND  ENFORCEMENT  OF  THIS  AGREEMENT  AND  ALL  MAT-
TERS  ARISING  OUT  OF  THE  ISSUANCE  AND  USE  OF  THE 
CARD SHALL BE GOVERNED BY THE LAWS OF THE STATE 
OF TEXAS AND, TO THE EXTENT APPLICABLE, THE LAWS OF 
THE UNITED STATES. 
19. Amendment. The terms of this Agreement including, but not 
limited  to,  the  rate  or  index,  formula  or  provision  of  law  used  to 
compute the ANNUAL PERCENTAGE RATE are subject to revi-
sion as to current and future balances, from time to time, by written 
notice from Bank to Cardholder as provided by applicable law.  
20. Telephone Conversations. Cardholder agrees that Bank, its 
agents, or service companies may monitor and/or record any tele-
phone communications with Cardholder. 
21. Liability for Unauthorized Use. Cardholder may be liable for 
unauthorized use of the Account. If the Card is lost or stolen, or if 
Cardholder believes someone is using the Account without proper 
authority,  Cardholder  must  notify  Bank  immediately by calling 1-
800-325-3678. Cardholder will not be liable for unauthorized use 
that occurs after Cardholder notifies Bank of the loss or theft of the 
Card or Convenience Check, or the possible unauthorized use of 
the Account. Bank may terminate or limit access to the Account if 
Cardholder has notified Bank, or if Bank has determined that the 
Card or Convenience Check may have been lost or stolen, or that 
there  may  be  unauthorized  access  to  the  Account.  Cardholder 
agrees to provide Bank with complete cooperation in Bank's efforts 
to recover any stolen Card or Convenience Check and amounts 
due from unauthorized users, and in prosecuting unauthorized us-
ers.  
22. Bank’s Liability for Failing to Make Transfers. If Bank does 
not complete a transaction to or from the Account on time or in the 
correct amount according to this Agreement, Bank may be liable 
for Cardholder's losses or damages. However, there are some ex-
ceptions. Bank will not be liable, for instance: (a) if, through no fault 
of Bank's, the available credit is insufficient for the transaction or is 
unavailable for withdrawal (for example, because funds have not 
been finally collected or are subject to legal process); (b) if a com-
puter system, ATM, or point of sale terminal did not have enough 
cash or was not working properly and Cardholder knew about the 
problem when Cardholder started the transaction; (c) if Cardholder 
attempts  to  use  the  Account  or  the  Card  which  has  not  been 
properly activated; (d) if the Card has been reported as lost or sto-
len, has been suspended by Bank or Bank has reason to believe 
the transaction is not authorized by Cardholder, or if Cardholder is 
trying to defraud Bank; or (e) as otherwise provided in this Agree-
ment. 

23. Assignment of Account. Cardholder agrees that Bank may at 
any  time  assign  and  transfer  Cardholder's  Account,  this  Agree-
ment,  and  Bank's  rights  and  obligations  under  this  Agreement, 
without Cardholder's consent or notice to Cardholder. The person 
to whom the Account and Agreement is assigned shall be entitled 
to all of Bank's rights under this Agreement. 
24. Information Sharing. Cardholder authorizes Bank to share in-
formation  concerning  Cardholder  and  Cardholder’s  Account  with 
companies related to Bank by common ownership. Cardholder au-
thorizes Bank to share information with companies in which Bank 
has an ownership interest, concerning purchases made by Card-
holder  using  Cardholder’s  Account,  for  the  purpose  of  obtaining 
special merchandise offers or discounts for Cardholder. Cardholder 
does not authorize Bank to disclose Cardholder’s name, address, 
telephone number or other personal information to these compa-
nies. 
25. Credit Reporting Agencies. Bank may review Cardholder’s 
credit history by obtaining information from credit reporting agen-
cies and others. Bank may report information about Cardholder and 
Cardholder’s Account to credit reporting agencies. If Cardholder re-
quests additional cards on Cardholder’s Account for others, Bank 
may report Account information in Cardholder’s name as well as in 
the names of those other people. A negative credit report which 
may affect Cardholder’s credit record may be submitted to a credit 
reporting agency if Cardholder fails to keep Cardholder’s promises 
under this Agreement. If Cardholder thinks Bank has reported in-
formation  to  a  credit  reporting  agency  that  is  not  correct,  Card-
holder may write to Bank using the address listed on Cardholder’s 
billing statement or 1 FirstComm Plaza, Fort Worth, Texas 76109. 
Please include Cardholder’s name, address, Account number, tel-
ephone number, Social Security Number, and a brief description of 
the problem and, if available, a copy of the credit reporting agency 
report.  Bank  will  investigate  the  matter.  If  Bank’s  investigation 
shows that Cardholder is correct, Bank will contact each credit re-
porting agency to which Bank reported the information and will re-
quest  they  correct  the  report.  If  Bank  disagrees  with  Cardholder 
after Bank’s investigation, Bank will tell Cardholder in writing or by 
telephone.  
26. Delay of Rights. Bank can waive or delay enforcement of any 
of its rights under this Agreement without losing them. 
27. Separable Provisions. If any provision of this Agreement is 
held to be invalid or enforceable, the rest of this Agreement will not 
be affected. Cardholder will not be held liable for Finance Charges 
or other fees and charges greater than the maximum allowed by 
law that applies. 
28. Limitation of Responsibility. Bank will not be responsible for 
merchandise or services purchased by Cardholder with the Card or 
Convenience  Check  unless  required  by  law.  Any  refund,  adjust-
ment or credit allowed by a Seller shall not be cash, but rather be 
by a credit advice to Bank which shall be shown as a credit on the 
periodic statement. Bank will not be responsible for the refusal of 
any person to honor the Card or Convenience Check or if Card-
holder is not able to use the Card at an ATM. (a) Bank will not be 
responsible for merchandise or services purchased by Cardholder 
with the Card or Convenience Check unless required by law. Any 
refund, adjustment or credit allowed by a Seller shall not be cash, 
but rather be by a credit advice to Bank which shall be shown as a 
credit on the periodic statement. Bank will not be responsible for 
the refusal of any person to honor the Card or Convenience Check 
or if Cardholder is not able to use the Card at an ATM[; and (b) 
BANK WILL NOT BE LIABLE TO CARDHOLDER FOR DELAYS 
OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BE-
YOND BANK'S CONTROL, INCLUDING, WITHOUT LIMITATION, 
ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMER-
GENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF 
MERCHANTS TO HONOR THE CARD; THE FAILURE OF MER-
CHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNI-
CATION  SYSTEMFAILURES;  OR  FAILURES  OR  MALFUNC-
TIONS ATTRIBUTABLE TO CARDHOLDER'S EQUIPMENT, ANY 
INTERNET  SERVICE,  OR  ANY  PAYMENT  SYSTEM.  IN  THE 
EVENT THAT BANK IS HELD LIABLE TO CARDHOLDER, CARD-
HOLDER WILL ONLY BE ENTITLED TO RECOVER CARDHOLD-
ER'S ACTUAL DAMAGES. IN NO EVENT SHALL CARDHOLDER 
BE  ENTITLED  TO  RECOVER  ANY  INDIRECT,  CONSEQUEN-
TIAL,  EXEMPLARY  OR  SPECIAL  DAMAGES  (WHETHER  IN 
CONTRACT, TORT OR OTHERWISE), EVEN IF CARDHOLDER 
HAS  ADVISED  BANK  OF  THE  POSSIBILITY  OF  SUCH  DAM-
AGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE 
EXTENT OTHERWISE PROHIBITED BY LAW. 
29.  Transactions  Made  in  Foreign  Currencies.  If  Cardholder 
makes a transaction in a foreign currency, the transaction will be 
converted by Visa into a U.S. dollar amount in accordance with the 
operating regulations or conversion procedures in effect at the time 
that the transaction is processed. Currently, those regulations and 
procedures provide that the currency conversion rate to be used is 
either (a) a wholesale market rate or (b) a government-mandated 
rate in effect one (1) day prior to the processing date, increased by 
one percent (1%) in each case. Visa retains this one percent as 
compensation for performing the currency conversion service. The 
currency conversion rate in effect on the processing date may differ 
from the rate in effect on the transaction date or the posting date. 
30. USA Patriot Act. Bank is subject to the requirement of the USA 
Patriot Act (Title III of Pub. L. 107 56 [signed into law October 26, 
2001]) (the “Act”) and hereby notifies Cardholder that pursuant to 
the requirements of the Act, it is required to obtain, verify, and rec-
ord  information  that  identifies  Cardholder  which  information  in-
cludes the name and address of Cardholder and other information 
that will allow such Bank to identify Cardholder in accordance with 
the Act. 

New Classic Account (1/1/2016) 

 
 
If we do not follow all of the rules above, you do not have to pay 
the first $50 of the amount you question even if your bill is correct. 
YOUR  RIGHTS  IF  YOU  ARE  DISSATISFIED  WITH  YOUR 
CREDIT CARD PURCHASES 
If you are dissatisfied with the goods or services that you have pur-
chased 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 pur-
chase price must have been more than $50. (Note: Neither of 
these are necessary if your purchase was based on an adver-
tisement we mailed to you, or if we own the company that sold 
you the goods or services.) 

2.  You  must  have  used  your  credit  card  for  the  purchase.  Pur-
chases made with cash advances from an ATM or with a check 
that accesses your credit card Account do not qualify. 

3.  You must not yet have fully paid for the purchase. 
If all of the criteria above are met and you are still dissatisfied with 
the purchase, contact us in writing on a separate sheet at the Card-
member Service address shown on your billing 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. 

31.  Other  Agreements.  This  Agreement  supersedes  all  prior 
Agreements between Bank and Cardholder governing the use of 
the Card and the Account. 
STATE SPECIFIC INFORMATION 
California Residents: Cardholder (a) may use the Account up to 
its Credit Limit; (b) may be liable for amounts extended under the 
Account to any joint Cardholder. As required by law, Cardholder is 
hereby notified that a negative credit report reflecting on Cardhold-
er's credit record may be submitted to a credit reporting agency if 
Cardholder  fails  to  fulfill  the  terms  of  Cardholder's  credit  obliga-
tions.  
Ohio Residents: Ohio anti-discrimination laws require creditors to 
make credit equally available to all creditworthy customers and that 
credit reporting agencies maintain separate credit histories on indi-
viduals upon request. The Ohio Civil Rights Commission adminis-
ters these laws.  
New York and Vermont Residents: Bank may obtain at any time 
Cardholder's credit reports for any legitimate purpose associated 
with the Account or the application or request for an Account, in-
cluding but not limited to reviewing, modifying, renewing and col-
lecting  on  Cardholder's  Account.  On  Cardholder's  request  Card-
holder will be informed if such a report was ordered. If so, Card-
holder will be given the name and address of the consumer report-
ing agency furnishing the report. New York residents may contact 
the New York State Banking Department (1-800-518-8866) for a 
comparative list of credit card rates, fees, and grace periods. 
Married  Wisconsin  Applicants:  No  provisions  of  any  marital 
property agreement, unilateral statement, or court order applying 
to marital property will adversely affect a creditor's interests unless 
prior to the time credit is granted, the creditor is furnished a copy of 
the agreement, statement or court order, or has actual knowledge 
of the provision. 
YOUR BILLING RIGHTS: Keep this Document for Future Use 
This Notice contains important information about your rights and 
our responsibilities under the Fair Credit Billing Act. For purposes 
of  this  Notice,  "we"  and  "us"  mean  Bank,  and  "you"  and  "your" 
mean Cardholder.  

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT 
If you think there is an error on your statement, write to us on a 
separate sheet at the Cardmember Service address shown on your 
billing 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 two things: 
1.  Within 30 days of receiving your letter, we must tell you that we 
received your letter. We will also tell you if we have already cor-
rected 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 er-
ror: 

  We cannot try to collect the amount in question, or report 

you as delinquent on that amount. 

  The charge in question may remain on your statement, and 
we may continue to charge you interest on that amount. 
  While you do not have to pay the amount in question, you 

are responsible for the remainder of your balance. 

  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will hap-
pen: 

  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 re-
porting  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 set-
tled between us. 

New Classic Account (1/1/2016)