Diners Club®  
Credit Card 
Cardmember 
Agreement 

Cardmember Agreement 
This document and the card carrier that is sent with the card 
together make up your Card Agreement and throughout this 
document are referred to as Agreement or Card Agreement. 
The card carrier contains important account information, including 
your annual percentage rates and Facts about Interest and 
Fees. Please read and keep these documents for your records. 
This Agreement is binding on you unless you cancel your account 
within 30 days after receiving the card and you have not used or 
authorized use of your account. 

To simplify this Agreement for you, the following definitions 
will apply. The words you, your, and yours mean all persons 
responsible for complying with this Agreement, including the 
person who applied to open the account and the person to whom 
we address billing statements. The word card means one or more 
cards  we issue that allows you or an authorized user to obtain 
credit under this Agreement. It also means any other access 
device that allows you or an authorized user to obtain credit, 
including your account number. The words we, us, and our mean 
BMO Harris Bank N.A., the issuer of your account. The words 
authorized user mean any person to whom you give permission 
to use your account. 

Disclosures for Active Duty Members of the Military 
and their Dependents
The following applies to members of the military and their 
dependents if, at the time you establish a covered account, 
you are an active duty member of the military or you are a 
dependent of an active duty member of the military (as set forth 
in the Military Lending Act, 10 U.S.C. 987, and its implementing 
regulations). 

The Arbitration Provision of this Agreement does not apply to 
individuals covered by this section.

Using Your Account and Your Credit Line 
The card must be signed to be used. Whether you sign the card or 
not, you are fully responsible for complying with all the terms of 
this Agreement, including the obligation to pay us for all balances 
due on your account as specified in this Agreement. Your card 
must only be used for lawful transactions.

Your card can be used to buy or lease goods or services wherever 
the card is honored. Your account has a credit limit. The full 
amount of the credit limit is available to use where the card is 
honored. Subject to applicable law, we may reduce your credit 
limit at any time.

Your account may also include a cash limit, which will be a 
percentage of and subject to your credit limit. With the Club 
Cash® feature, your card can be used for cash advances through 
any bank or automated teller machine that accepts the card 
subject to your cash limit. We may reduce your cash limit at 
any time, and we may limit the frequency and amount of cash 
withdrawals you may make in any time period.  

We will notify you of any new credit or cash limit either by 
sending you a notice or through your billing statement. A change 
to your cash or credit limits may take effect before you receive 
notification from us. You should always keep your total balance 
below the credit limit. However, if the total due goes over your 
credit limit you must still pay us.

Additional Cards 
You may request additional cards on your account for yourself or 
others and you may permit an authorized user to have access to 
the card or account number. However, if you do, you must pay us 
for all charges made by those persons, including charges for which 
you may not have intended to be responsible. You must notify us 
to revoke an authorized user’s permission to use your account. 
If you do so, we may close the account and issue a new card or 
cards with a different account number. You are responsible for the 
use of each card issued on your account according to the terms of 
this Agreement. 

Billing 
Your billing statement shows the New Balance, any interest 
charges or fees imposed during the billing cycle, the minimum 
payment, and the payment due date. It also shows your current 
credit limit; an itemized list of current charges, payments and 
credits; an interest charge summary; and other important 
information. If we deem your account uncollectible or if we 
institute delinquency collection proceedings by sending it to an 
outside collection agency or attorney for collection, we may, in our 
sole discretion, stop sending billing statements, unless otherwise 
prohibited by applicable law. You must notify us of a change in 
your address by contacting Customer Service by telephone or mail. 
We will mail or deliver the billing statement to only one address. 

Automatic Billing Updater Service
We participate in the Mastercard® Automatic Billing Updater (ABU) 
service.  When your card number or expiration date is updated, 
or your account is closed, we will provide the updated card 
information to merchants who participate in ABU with whom you 
have automatic billing arrangements (such as telephone, cable 
companies, insurance and health clubs).  Since not all merchants 
participate in ABU, you should notify each merchant with whom 
you have automatic billing arrangements of the updated card 
information to ensure your payments are not interrupted.  If you 
do not want us to provide your card updates through ABU, please 
call the customer service number on the back of your credit card 
and allow 60 days for your opt out to take effect.

How We Determine the Balance 
The total outstanding balance (the amount you owe us) appears 
as the “New Balance” on the billing statement. To determine 
the New Balance, we begin with the outstanding balance on 
your account at the beginning of each billing period, called 
the “Previous Balance” on the billing statement. We add any 
purchases or cash advances and subtract any credits or payments 
credited as of that billing period. We then add the appropriate 
Interest charges and fees and make other applicable adjustments. 

Annual Percentage Rates for Purchases and Cash 
Advances 
Your annual percentage rates and the corresponding daily periodic 
rates appear on the Facts about Interest and Fees table. A daily 
periodic rate is the applicable annual percentage rate divided by 
365. Whether or not an annual percentage rate is based on the 
U.S. Prime Rate plus a margin is indicated on the Facts about 
Interest and Fees table. Please see the section entitled “Variable 
Annual Percentage Rates for Purchases and Cash Advances” for 
details relating to how these rates may change. 

Variable Annual Percentage Rates for Purchases and 
Cash Advances 
The APR will vary with the market based on the Prime Rate. If 
any annual percentage rate is based on the U.S. Prime Rate plus a 
margin, we will calculate the rate for each billing period by adding 
the applicable margin that appears on the Facts about Interest 
and Fees table to the U.S. Prime Rate published in The Wall Street 
Journal on the last day of each month. If the Wall Street Journal 
is not published on that day we will use the rate published in 
the immediately preceding edition. Any increase or decrease in 
a variable annual percentage rate due to a change in the U.S. 
Prime Rate takes effect as of the first day of the following billing 
period. If The Wall Street Journal ceases publication or to publish 
the U.S. Prime Rate, we may use the U.S. Prime Rate published in 
any other newspaper of general circulation, or we may substitute 
a similar reference rate at our sole discretion. When a change in 
an applicable variable annual percentage rate takes effect we will 
apply it to any existing balances, subject to any promotional rate 
that may apply. 

An increase in the variable annual percentage rate means you will 
incur a higher interest charge, and perhaps a higher minimum 
payment. 

Promotional Rate and Fee Offers 
At our discretion, we may offer you a promotional annual 
percentage rate for all or a part of any balances. We may also 
offer you a promotional fee. The period of time for which 
the promotional rate applies may be limited. Any applicable 
promotional rate or fee, the corresponding periodic rates, and the 
period of time during which it is in effect will appear on the offer 
or card carrier. Any promotional rate or fee offer will be subject to 
the terms of the offer and this Agreement. 

Interest Charges 
Interest charges for purchases and cash advances will begin to 
accrue from the date the transaction is added to the daily balance, 
as described below, and continue to accrue until payment in full is 
credited to your account. In order to be eligible for a grace period 
and to avoid paying additional interest charges on purchases, you 
must pay the total New Balance listed on the last billing statement 
by the payment due date on that statement. 

We will calculate interest charges as follows 
•   We figure a portion of the interest charge on your account by 
multiplying the daily balance on each feature (e.g., standard 

purchases and standard advances) by the applicable daily 
periodic rate and separately adding together any such interest 
charges for each feature for each day in the billing period. 
•   For interest charge calculation purposes, the billing period 
begins on the day after the Statement/Closing Date of the 
previous billing period and includes the Statement/Closing Date 
of the current billing period. The number of days in the billing 
period may vary. 

•   To get the daily balance, we take the beginning balance 
for each feature every day (which may include unpaid 
interest charges from previous billing periods), add any new 
transactions, any new fees, and any interest charge on the 
previous day’s balance, subtract any credits or payments 
credited as of that day, and make other adjustments. A credit 
balance is treated as a balance of zero. 

•   We add a new purchase to the appropriate purchase balance as 

of the Transaction date shown on your billing statement. 
•   We add a new cash advance to the appropriate purchase or 
advance balance as of the Post date shown on your billing 
statement. The Post date is the date we receive your request 
for the cash advance. 

The Balance Subject to Interest Rate on the billing statement are 
the averages of the respective daily balances during the billing 
period. If you multiply this figure for each feature by the number 
of days in the billing period and by the applicable daily periodic 
rate, the result will be the periodic rate interest charges assessed 
for that feature, except for minor variations caused by rounding. 
This method of calculating the balance subject to interest charge 
and the periodic rate interest charges results in daily compounding 
of interest charges. 

Transaction Fee for Club Cash® Advances 
You have obtained a cash advance for which we assess a cash 
advance transaction fee if you obtain funds from an automated 
teller machine (ATM), through home banking, or through a 
financial institution; make a wire transfer; acquire a money order, 
traveler’s check, lottery ticket, betting or casino chip, or similar 
item; or engage in another similar transaction. For each cash 
advance, we may add an additional fee in the amount printed in 
Facts About Interest and Fees. The amount of the cash advance 
may include a surcharge that the ATM owner imposes. 

Minimum Interest Charge 
If interest charges based on periodic rates are being added to your 
account, but the total of such interest charges for purchases and 
cash advances is less than $.50, we assess a minimum INTEREST 
CHARGE, of $.50. We add the amount to the feature that is being 
assessed an interest charge. If more than one feature is assessed 
an interest charge, we may add the minimum interest charge to 
any such feature at our discretion. 

Credit Balance 
You may not maintain a credit balance on your account in excess 
of your credit limit. We will return to you any credit amount over 
$1.00 if the amount has been on your account longer than six 

months. You may request a refund of a credit balance at any time. 
We may reduce the amount of any credit balance by the amount 
of new charges billed to your account. 

Transaction Fee for Purchases Made in Foreign 
Currencies 
For each purchase made in a foreign currency, we may add to your 
account a transaction fee in the amount printed in Facts About 
Interest and Fees. 

Information on Foreign Currency Conversion 
Procedures 
You can make transactions in currencies other than U.S. dollars.  If 
you do, Mastercard will convert the amount of the transaction to 
U.S. dollars. Mastercard uses either (1) a rate Mastercard selects 
from the range of rates available in wholesale currency markets 
for the applicable central processing date, or (2) a rate set by 
a government for the applicable central processing date.  The 
conversion rate may be different from the published rate in effect 
on the day that you made the transaction or that we posted the 
transaction to your Account. If a transaction is converted by a 
third party prior to that transaction being processed, the foreign 
currency conversion rate will be the rate selected by that third 
party.

Minimum Payment 
Each month you must make a Minimum Payment that is 
calculated as follows. First, we begin with the greater of any 
amount that is past due or any amount in excess of your credit 
limit. Second, we add the largest of the following: 
•   The New Balance on the billing statement if it is less than $20; 
•  $20 if the New Balance is at least $20; 
•   1% of (your New Balance less any new interest charges and 
any new Late Fee) plus the amount of your billed interest 
charges and any applicable late fee; we then round this number 
down to the nearest dollar; or 

•   1.5% of the New Balance (which calculation is rounded down 

to the nearest dollar). 

However, the Minimum Payment will never exceed your New 
Balance. In calculating the Minimum Payment, we may subtract 
from the New Balance certain fees added to your account during 
the billing period. 

Payments 
You must pay at least the Total Minimum Payment Due shown 
on each statement by the payment due date, and you may pay 
more at any time without a penalty. The New Balance shown on 
your billing statement may include amounts subject to different 
periodic rates. Unless otherwise required by applicable law, we 
will allocate the amount equal to your Total Minimum Payment 
Due and credits to pay off balances at low periodic rates before 
paying off balances at higher periodic rates. For any payment 
amount over the Total Minimum Payment Due, we will allocate 
such amounts to pay off balances at high periodic rates before 
paying off balances at lower periodic rates. The sooner you pay 
the New Balance, the less you will pay in interest charges. We 

may also allow you to skip a payment. If we do, we will notify 
you. If you choose to skip a payment when offered, we will 
continue to assess interest charges. 

Instructions for making payments are on your billing statement. 
In order to be credited as of a particular day, your payment must 
be received in the form specified, and by the hour specified, 
in those instructions. Although we credit your payments as 
described on your billing statement, we may not make credit 
available on your Account in the amount of your payment right 
away. Do not send cash payments. We can accept late or partial 
payments, as well as payments that reflect “paid in full” or other 
restrictive endorsements, without losing any of our rights under 
this Agreement. You agree to pay us in U.S. dollars drawn on 
funds on deposit in the United States using a payment check, 
similar instrument,  or automatic debit that will be processed and 
honored by your bank.  We reserve the right to accept payments 
made in foreign currency and instruments drawn on funds on 
deposit outside the United States. If we do, we will select the 
effective currency conversion rate at our discretion and credit your 
account in U.S. dollars after deducting any fees or costs incurred 
in connection with processing your payment. If such fees or costs 
are not fully deducted at the time your account is credited for a 
payment, we will bill you separately for them. 

Optional Payment Service 
Online Payments. You may pay your account online or you may 
request to make your payment by phone using our optional 
telephone payment service. Subject to applicable law, each time 
a representative of ours helps expedite your payment, you agree 
to pay us $14.95. Our representatives are trained to tell you this 
amount if you decide to use this optional telephone payment 
service. 

In-Branch Payments. If you have a Diners Club branded card, 
you may deliver your payment during normal business hours to a 
Customer Service Representative at any bank branch identified by 
the BMO Harris name, brand or logo. We will credit such payments 
on the day we receive them.

Late Fee 
We will add a late fee to the standard purchase balance for 
each billing period you fail to pay, by its due date, the Minimum 
Payment. The late fee that applies to your account is the amount 
printed in Facts About Interest and Fees. The fee will not exceed 
the amount permitted by applicable law. 

Returned Payment Fee 
We may add a fee up to the amount printed in Facts About 
Interest and Fees when a payment check or similar instrument 
is not honored, when we must return it because it cannot be 
processed, or when an automatic debit is returned unpaid. At 
our option, we may assess this fee the first time your check or 
payment is not honored, even if it is honored upon resubmission. 
The fee will not exceed the amount permitted by applicable law. 

Fees Disclosed at Time of Request 
Unless prohibited by law, we also may charge you other fees from 
time to time. If a fee applies to your account, we will tell you the 
amount of the fee at the time you request the service.

Some fees that may apply to your account include:
1.  A Replacement Card Fee if you request a replacement card;
2.   An Expedited Delivery Fee (in addition to any other applicable 

fees) if you ask us to send a card by expedited delivery;

3.   A Dual Statement Fee if you ask us to send your Statements in 

both paper and electronic form;

4.   A Document Fee if you ask us to provide copies of documents, 

such as sales slips and receipts; and

5.   An Expedited Payment Fee if a representative of ours helps 

expedite your payment.

Lost or Stolen Cards or Account Numbers 
If any card or account number is lost or stolen, or if you think 
someone used or may use them without your permission, notify 
us at once by calling the Customer Service telephone number 
shown on the billing statement or the number obtained by calling 
toll-free or local Directory Assistance. We may require you to 
provide certain information in writing to help us find out what 
happened, and to comply with such procedures as we may require 
in connection with our investigation. Don’t use the card or account 
number after we’ve been notified, even if they are found or 
returned. You may be liable for unauthorized use of the account, 
but not for more than $50. You won’t be liable for unauthorized 
purchases or cash advances made after we’ve been notified of the 
loss or the theft; however, you must identify for us the charges 
on the billing statement that were not made by you, or someone 
authorized by you, and from which you received no benefit. 

Default 
You default under this Agreement if you fail to pay, by its 
due date, the Total Minimum Payment Due listed on each 
billing statement; file for bankruptcy; pay by a check or similar 
instrument that is not honored or that we must return because 
it cannot be processed; pay by automatic debit that is returned 
unpaid; or default under any other Card Agreement that you 
have with us. If you default, we may, subject to applicable law, 
close your account and demand immediate payment of the total 
balance. For residents of New Hampshire: Reasonable attorneys’ 
fees will be rewarded to you if you prevail in any action or suit 
brought by BMO Harris Bank N.A. Also, if you successfully assert a 
partial defense or counterclaim to an action brought by BMO Harris 
Bank N.A, the court may withhold from BMO Harris Bank N.A. the 
entire amount or such portion of the attorneys’ fees as the court 
considers equitable. 

Preauthorized Charges 
If you default, if the card is lost or stolen, or we change your 
account or account number for any reason, we may suspend 
automatic charges on that account to third party vendors for 
insurance premiums or other goods or services. If preauthorized 
charges are suspended, you must contact the third party vendor to 

reinstate them. You are responsible for making direct payment for 
such charges until you reinstate automatic charges. 

Collection Costs 
If we refer collection of your account to a lawyer who is not our 
salaried employee, to the extent not prohibited by applicable law, 
you will be liable for any reasonable attorney’s fees we incur, plus 
the costs and expenses of any legal action. 

ARBITRATION 
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. 
IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING 
ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO 
COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO 
PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN 
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR 
INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE 
SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. 

Agreement to Arbitrate 
Either you or we may, without the other’s consent, elect 
mandatory, binding arbitration for any claim, dispute, or 
controversy between you and us (called “Claims”). 

Claims Covered 
•   What Claims are subject to arbitration? All Claims relating 

to your account, a prior related account, or our relationship are 
subject to arbitration, including Claims regarding the application, 
enforceability, or interpretation of this Agreement and this 
arbitration provision. All Claims are subject to arbitration, no 
matter what legal theory they are based on or what remedy 
(damages, or injunctive or declaratory relief) they seek. This 
includes 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; and Claims made independently 
or with other claims. A party who initiates a proceeding in 
court may elect arbitration with respect to any Claim advanced 
in that proceeding by any other party. Claims and remedies 
sought as part of a class action, private attorney general or 
other representative action are subject to arbitration on an 
individual (non¬class, non¬representative) basis, and the 
arbitrator may award relief only on an individual (non¬class, 
non-representative) basis. 

•   Whose Claims are subject to arbitration? Not only ours and 
yours, but also Claims made by or against anyone connected 
with us or you or claiming through us or you, such as a co-
applicant or authorized user of your account, an employee, 
agent, representative, affiliated company, predecessor or 
successor, heir, assignee, or trustee in bankruptcy. 

•   What time frame applies to Claims subject to arbitration? 
Claims arising in the past, present, or future, including Claims 
arising before the opening of your account, are subject to 
arbitration. 

•   Broadest interpretation. Any questions about whether Claims 
are subject to arbitration shall be resolved by interpreting this 
arbitration provision in the broadest way the law will allow it 
to be enforced. This arbitration provision is governed by the 
Federal Arbitration Act (the “FAA”). 

•   What about Claims filed in Small Claims Court? Claims filed 
in a small claims court are not subject to arbitration, so long 
as the matter remains in such court and advances only an 
individual (non¬class, non¬representative) Claim. 

How Arbitration Works 
•   How does a party initiate arbitration? The party filing 

arbitration must choose one of the following two arbitration 
firms and follow its rules and procedures for initiating and 
pursuing an arbitration: American Arbitration Association or 
JAMS. Any arbitration hearing that you attend will be held at a 
place chosen by the arbitration firm in the same city as the U.S. 
District Court closest to your then current billing address, or at 
some other place to which you and we agree in writing. You 
may obtain copies of the current rules of each of the arbitration 
firms and forms and instructions for initiating an arbitration by 
contacting them as follows:

  American Arbitration Association 
  800-778-7879 (toll free) Website: www.adr.org 

JAMS 

  800-352-5267 Website: www.jamsadr.com 

 At any time you or we may ask an appropriate court to compel 
arbitration of Claims,   or to stay the litigation of Claims pending 
arbitration, even if such Claims are part of a lawsuit, unless a 
trial has begun or a final judgment has been entered. Even if 
a party fails to exercise these rights at any particular time, or 
in connection with any particular Claims, that party can still 
require arbitration at a later time or in connection with any 
other Claims.

•   What procedures and law are applicable in arbitration? 
A single, neutral arbitrator will resolve Claims. The arbitrator 
will be either a lawyer with at least ten years experience or a 
retired or former judge, selected in accordance with the rules of 
the arbitration firm. The arbitration will follow procedures and 
rules of the arbitration firm in effect on the date the arbitration 
is filed unless those procedures and rules are inconsistent with 
this Agreement, in which case this Agreement will prevail. 
Those procedures and rules may limit the discovery available 
to you or us. The arbitrator will take reasonable steps to 
protect customer account information and other confidential 
information if requested to do so by you or us. The arbitrator 
will apply applicable substantive law consistent with the FAA 
and applicable statutes of limitations, will honor claims of 
privilege recognized at law, and will have the power to award 
to a party any damages or other relief provided for under 
applicable law. You or we may choose to have a hearing and 
be represented by counsel. The arbitrator will make any award 
in writing and, if requested by you or us, will provide a brief 
statement of the reasons for the award. An award in arbitration 

 
 
shall determine the rights and obligations between the named 
parties only, and only in respect of the Claims in arbitration, and 
shall not have any bearing on the rights and obligations of any 
other person, or on the resolution of any other dispute. 

•   Who pays? Whoever files the arbitration pays the initial filing 
fee. If we file, we pay; if you file, you pay, unless you get a 
fee waiver under the applicable rules of the arbitration firm. 
If you have paid the initial filing fee and you prevail, we will 
reimburse you for that fee. If there is a hearing, we will pay 
any fees of the arbitrator and arbitration firm for the first day 
of that hearing. All other fees will be allocated as provided by 
the rules of the arbitration firm and applicable law. However, 
we will advance or reimburse your fees if the arbitration firm 
or arbitrator determines there is good reason for requiring 
us to do so, or if you ask us and we determine there is good 
reason for doing so. Each party will bear the expense of that 
party’s attorneys, experts, and witnesses, and other expenses, 
regardless of which party prevails, but a party may recover any 
or all expenses from another party if the arbitrator, applying 
applicable law, so determines. 

•   Who can be a party? Claims must be brought in the name 
of an individual person or entity and must proceed on an 
individual (non¬class, non¬representative) basis. The arbitrator 
will not award relief for or against anyone who is not a party. 
If you or we require arbitration of a Claim, neither you, we, nor 
any other person may pursue the Claim in arbitration as a class 
action, private attorney general action or other representative 
action, nor may such Claim be pursued on your or our behalf in 
any litigation in any court. Claims, including assigned Claims, of 
two or more persons may not be joined or consolidated in the 
same arbitration. However, applicants, co-applicants, authorized 
users on a single account and/or related accounts, or corporate 
affiliates are here considered as one person. 

•   When is an arbitration award final? The arbitrator’s award 
is final and binding on the parties unless a party appeals it in 
writing to the arbitration firm within fifteen days of notice of 
the award. The appeal must request a new arbitration before 
a panel of three neutral arbitrators designated by the same 
arbitration firm. The panel will consider all factual and legal 
issues anew, follow the same rules that apply to a proceeding 
using a single arbitrator, and make decisions based on the vote 
of the majority. Costs will be allocated in the same way they 
are allocated for arbitration before a single arbitrator. An award 
by a panel is final and binding on the parties after fifteen days 
has passed. A final and binding award is subject to judicial 
review and enforcement as provided by the FAA or other 
applicable law. 

Survival and Severability of Terms 
This arbitration provision shall survive: (i) termination or changes in 
the Agreement, the account, or the relationship between you and 
us concerning the account; (ii) the bankruptcy of any party; and (iii) 
any transfer, sale or assignment of your account, or any amounts 
owed on your account, to any other person or entity. If any portion 
of this arbitration provision is deemed invalid or unenforceable, 
the entire arbitration provision shall not remain in force. No portion 
of this arbitration provision may be amended, severed, or waived 
absent a written agreement between you and us. 

Credit Reporting
We may report information about your account to credit 
bureaus. Late payments, missed payments, or other defaults 
on your account may be reflected on your credit report. If 
you request additional cards on your account for others, you 
understand that we may report account information in your 
name as well as in the names of those other people. We may 
also obtain follow¬ up credit reports on you (for example, when 
we review your account for a credit limit increase). If you wish 
to know the names of the agencies we have contacted, write us 
at the Customer Service address listed on the billing statement. 
We will try to notify you by telephone or by mail of any legal 
process served on us in order to give you an opportunity to object 
to it, unless the law prohibits the notice. If you think we reported 
erroneous information to a credit reporting agency, write us at 
the Customer Service address listed on the billing statement. 
We will promptly investigate the matter and if our investigation 
shows you are right, we will contact each credit reporting agency 
to whom we reported and will request they correct the report. 
If we disagree with you after our investigation, we will tell you 
in writing or by telephone and instruct you how to submit a 
statement of your position to those agencies. Your statement will 
become a part of your credit record with them. As required by 
Utah law, you are hereby notified that a negative credit report 
reflecting on your credit record may be submitted to a credit 
reporting agency if you fail to fulfill the terms of your credit 
obligations. 

Consent to Telephone Calls and Monitoring
You authorize us (which includes, for the purposes of this 
paragraph, our agents and representatives) to contact you using 
automatic telephone dialing systems, artificial or prerecorded voice 
message systems, email and text messaging systems in order to 
provide you with information regarding your account, including 
information about missed payments, the suspected misuse of 
your card, or general servicing items. You authorize us to make 
such contacts using any telephone numbers (including wireless, 
landline and Voice Over Internet Protocol numbers) you have 
supplied or will supply to us in connection with your account or 
any other account you may have or will establish with us. You 
understand that anyone with access to your telephone may listen 
to or read the messages we leave or send you, and you agree that 
we will have no liability for anyone accessing such messages. You 
further understand that, when you receive a telephone call or text 
message, you may incur a charge from the company that provides 

you with telecommunications, wireless and/or data services, and 
you agree that we will have no liability for such charges. You 
expressly authorize us to monitor and record your calls with us. 
You agree that you are the owner and/or primary user of any 
telephone number or email address you provide to us and that 
you will notify us if this is no longer true as to any such telephone 
number or email address.

Closing Your Account 
You may close your account at any time by notifying us in 
writing. However, you remain responsible to pay the total balance 
according to the terms of this Agreement. We may close your 
account or suspend your account privileges at any time for any 
reason not prohibited by applicable law without prior notice. We 
may also reissue a different card, account number, or different 
checks at any time. You must return the card or the checks to us 
upon request. 

Refusal of the Card 
We are not responsible if a transaction on your account is not 
approved, either by us or by a third party, even if you have 
sufficient credit available. We may limit the number of transactions 
that may be approved in one day. If we detect unusual or 
suspicious activity on your account, we may temporarily suspend 
your credit privileges until we can verify the activity. 

Changing this Agreement 
We may change the rates, fees, and terms of this Agreement 
at any time for any reason. These reasons may be based on 
information in your credit report, such as your failure to make 
payments to another creditor when due, amounts owed to 
other creditors, the number of credit accounts outstanding, 
or the number of credit inquiries. These reasons may also 
include competitive or market-related factors. Changing terms 
includes adding, replacing, or deleting provisions relating to 
your account and to the nature, extent, and enforcement of 
the rights and obligations you or we may have relating to 
this Agreement. These changes are binding on you. However, 
if the change will cause a fee, rate, or minimum payment 
to increase, we will mail you written notice, subject to 
applicable law, or at least 45 days before the beginning of 
the billing period in which the change becomes effective. If 
you do not agree to the change, you must notify us in writing 
prior to the effective date of the change and pay us the total 
balance, either at once or under the terms of the unchanged 
Agreement. Unless we notify you otherwise, use of the 
card after the effective date of the change shall be deemed 
acceptance of the new terms. 

Enforcing this Agreement 
We can delay in enforcing or fail to enforce any of our rights under 
this Agreement without losing them. 

Assignment 
We may assign any or all of our rights and obligations under this 
Agreement to a third party. 

Applicable Law 
The terms and enforcement of this Agreement shall be governed 
by federal law and the law of Illinois, where we are located. This 
Agreement and your account are governed by, to the extent that 
state law applies, the law of Illinois without regard to its conflict 
of law principles. Further, this Agreement is made in Illinois and 
credit is extended to you from Illinois, regardless of where you live 
or use your account. 

For Maryland residents only, to the extent federal law and the 
laws of the State of Illinois do not apply, this Agreement is 
governed by Title 12, Subtitle 9 of the Maryland Commercial Law 
Article. 

New Jersey Residents 
Because certain provisions of this Agreement are subject to 
governing law, they may be void, unenforceable or inapplicable 
in some jurisdictions. None of these provisions are void, 
unenforceable or inapplicable with New Jersey. 

Your Billing Rights: Keep this Document for Future 
Use 
This notice tells you about your rights and our responsibilities 
under the Fair Credit Billing Act 

What To Do If You Find a Mistake On Your Statement 
If you think there is an error on your statement, write to us at 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 two things: 

1.   Within 30 days of receiving your letter, we must tell you that 

we received your letter. We will also tell you if we have already 
corrected the error. 

2.   Within 90 days of receiving your letter, we must either correct 
the error or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 
•   We cannot try to collect the amount in question, or report you 

as delinquent on that amount. 

•   The charge in question may remain on your statement, and we 

may continue to charge you interest on that amount. 

•   While you do not have to pay the amount in question, you are 

responsible for the remainder of your balance. 

•   We can apply any unpaid amount against your revolving credit 

limit. 

After we finish our investigation one of two things will happen: 
•   If we made a mistake: You will not have to pay the amount in 
question or any interest or other fees related to that amount. 

•   If we do not believe there was a mistake: You will have 

to pay the amount in question, along with applicable interest 
and fees. We will send you a statement of the amount you 
owe and the date payment is due. We may then report you as 
delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, 
you must write to us within 10 days telling us that you still refuse 
to pay. If you do so, we cannot report you as delinquent without 
also reporting that you are questioning your bill. We must tell you 
the name of anyone to whom we reported you as delinquent, and 
we must let those organizations know when the matter has been 
settled between us. 

If we do not follow all the rules above, you do not have to pay the 
first $50 of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit 
Card Purchases 
If you are dissatisfied with the goods or services that you have 
purchased with your credit card, and you have tried in good faith 
to correct the problem with the merchant, you may have the right 
not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 
1.   The purchase must have been made in your home state or 
within 100 miles of your current mailing address, and the 
purchase price must have been more than $50. (Note: Neither 
of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company 
that sold you the goods or services.) 

2.   You must have used your credit card for the purchase. 

Purchases made with cash advances from an ATM or with a 
check that accesses your credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied 
with the purchase, contact us in writing at 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. 

Banking products and services are subject to bank and credit approval and are provided 
by BMO Harris Bank N.A.  Member FDIC.

®/™   Diners Club, Diners Club International with the Split Circle Device and Club Cash are 

registered trademarks of Diners Club International Ltd.
 Mastercard is a registered trademark of Mastercard International Incorporated.

®* 

© 2018 BMO Harris Bank N.A. All Rights Reserved.

F03-W760-1

10058171  (06/18)