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             Credit Card Agreement 

1.  INTRODUCTION.  Your  TD  Bank  VISA®  Card  account  (“Account”)  is  subject  to  this  Credit  Card 
Agreement, including the Interest Rate and Fee Schedule we send with your credit card(s) (“Card”) when we open 
an Account for you. This Personal Credit Card Agreement, the Interest Rate and Fee Schedule and the application or 
solicitation you submitted for this Account are all a part of and collectively referred to as the “Agreement.” Please 
read and keep this Agreement for your records.  

You,  your  and  yours  mean  each  person  who  applied  for  the  Account  and  the  person  to  whom  we  direct  billing 
statements  (“Statements”).  We,  us,  our  and  TD  Bank  mean  TD  Bank,  N.A.,  a  national  bank  with  its  main  office 
located  in  Delaware,  and  its  successors  and  assigns.  Authorized  User  means  any  other  person  to  whom  you  give 
permission to use your Account.   

A.  Account  Use  and  Acceptance.  By  accepting  your  Card  and  using  or  maintaining  your  Account,  or  letting 
someone else use your Card or your Account, you agree to all of the terms of this Agreement. You acknowledge that 
you received a copy of this Agreement. Your signature on your application or solicitation for this Account, including 
without limitation any electronic signature or oral acceptance of a telephone offer, your Card or any Account-related 
document represents your signature on this Agreement. 

You agree that you and each Authorized User will not use your Card or Account for any unlawful or illegal 
purposes.    Such  transactions  include,  but  are  not  limited  to,  online  gambling  transactions,  the  purchase  of 
lottery  tickets  or  casino  chips  or  off-track  betting  and  wagering.  We  reserve  the  right  to  block  all  such 
transactions.  If  any  such  charge  or  transaction  is  approved  and  processed,  you  will  still  be  liable  for  the 
charge.  

B. Promise to Pay. You promise to pay us for all purchases, balance transfers and cash advances resulting from the 
use  of  your  Card  or  Account,  plus  interest  charges  and  all  other  fees  and  charges  owed  under  this  Agreement 
(including without limitation all purchases and cash advances made by an Authorized User). 

2.  GOVERNING LAW. Applicable federal law and the substantive laws of the State of Delaware (to the 
extent  not  preempted  by  federal law)  without  regard  to  principles  of  conflicts  of  law  or  choice  of  law  shall 
govern this Agreement. To the extent any court determines that this Agreement is subject to Maryland law 
concerning  credit,  you  and  TD  Bank  agree  that  your  Account  is  governed  by  Title  12,  Subtitle  9  of  the 
Commercial Law Article of the Annotated Code of Maryland, except as preempted by federal law. 

3.  USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an Account for 
you.  Your  current  credit limit  will  be  shown  on  each  Statement.  You  also  may  telephone  Customer  Service  at  1-
877GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature Card or 1-888-561-8861 for all other  

 VISA is a registered trademark and service mark of VISA International Service Association, and is used by TD Bank, N.A. 
pursuant to a license from VISA U.S.A. Inc. 

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cards for your current credit limit. You agree to not go over your credit limit. We may permit you to go over your 
credit  limit,  but  we  are  not  required  to  do  so.  If  your  Account  goes  over  your  credit  limit,  you  agree  to  pay  the 
overlimit amount when it is billed or sooner upon our request. 

2. Limit for Cash Advances. We may set a credit limit for the total dollar amount of  cash advances that may  be 
outstanding from time to time that is lower than the overall credit limit for your Account.  

3.  Changes  to  Credit  Limit.   In  our discretion, at  any  time,  we  may  change  any  credit  limit  that  applies to  your 
Account. We will notify you if we change any credit limit. You may ask us to change your credit limit by  
contacting Customer Service at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or 
by telephoning Customer Service at  1-877-GO-TD1ST (1-877-468-3178) if  you have a First Class Visa Signature 
Card or at 1-888-561-8861 for all other cards. We do not have to agree to any such request.   

B. Types of Transactions. 

1. Purchases. You may use your Card to pay for the purchase or lease of goods or services wherever  your Card is 
honored. If you use your Card to purchase or lease goods or services by telephone, mail or internet, you agree that 
your signature is not necessary as identification in such cases.  

2.  Cash  Advances.  You  may  use  your  Card  to  obtain  cash  advances  wherever  your  Card  is  honored  for  cash 
advances.  Cash Advances obtained from a financial institution, an automated teller machine, or any other party that 
agrees  to  honor  the  credit  card  for  cash  advance  purposes,  and  all  Convenience  Checks  (including  Convenience 
Checks  used  to  transfer  balances)  posted  to  your  account  are  considered  Cash  Advances  For  example,  your  Card 
may be used to obtain cash advances at ATMs displaying the VISA logo and from participating financial institutions 
honoring VISA credit cards. You may be required to sign a special form and/or provide your personal identification 
number  (PIN).  Please  select  a  PIN  that  is  not  easily  identifiable  and  does  not  consist  of  one  single  number  (for 
example, “1111”) or consecutive numbers. PINs should also not be based on or include your birth date, zip code or 
Account number.  Do not  write  your  PIN  on  your  Card and  do  not  keep  your  PIN  with  or near  your  Card  or any 
Access  Device.    See  the  Interest  Rate  and  Fee  Schedule  on  the  card  mailer  for  Cash  Advance  fee  details.      The 
amount  of  the  Cash  Advance  transaction  fee  will  be  added  to  your  minimum monthly  payment and  is due  by  the 
payment due date indicated on your monthly billing statement. 

3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties (but 
not us or our affiliates) to your Account. We may limit the number and types of credit card accounts from which we 
will allow  you to transfer balances and the times, amounts, manner and circumstances in which Balance Transfers 
may be requested. The minimum Balance Transfer amount is $250 (plus the Balance Transfer Transaction Fee).  See 
the  Interest Rate and Fee Schedule on the card mailer for Balance Transfer fee details.  

Introductory  or Promotional APRs  on Balance Transfers:  We may  from time to time make available certain 
promotional Annual Percentage Rate (APRs) on balance transfer transactions.  See Section 4 – Interest Charges 
subsection  D  for  details  on  how  to  avoid  paying  interest  on  new  purchases  if  you  take  advantage  of  a  0% 
introductory or promotional APR Balance Transfer offer.  

4. Access Devices. We may from time to time issue additional Account access devices (“Access Devices”). Access 
Devices  may  include,  for  example,  special  checks  you  may  use  to  obtain  cash  advances  or  oral  offers  or  written 
forms by which you may request balance transfers. Each Access Device must be in the form we issue and must be 
used  according  to  the  instructions  we  give  you.  We  may  refuse  to  process  Access  Devices  received  after  any 
applicable expiration date. We will not return paid Access Devices to you. Access Devices may not be used to pay 
any amount owed to us or our affiliates. We will not certify any Access Device. You may not post-date any Access 
Device. We may refuse to process a post-dated Access Device or process it before the date on the Access Device. 

5. Foreign Transactions. If  you use  your Account to make a purchase or cash advance in a foreign currency, the 
transaction will be converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) 
from  the range  of  rates  available  in  wholesale  currency  markets  for  the  applicable  central  processing  date  (which 
may  vary  from  the  rate  VISA  U.S.A.  Inc.  itself  receives)  or  the  government-mandated  rate  in  effect  for  the 
applicable central processing date. The currency conversion rate used by VISA U.S.A. Inc. (or any of its affiliates)  

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on the currency conversion date may differ from the exchange rate in effect on the day you made the transaction or 
on the day the transaction is posted to your Account. 

C. Stop Payment. If  you  want us to stop payment on an Access Device, notify Customer Service immediately at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-877-GO-TD1ST (1-
877-468-3178) if you have a First Class Visa Signature Card or at 1-888-561-8861 for all other cards.  If you call, 
you must confirm your request in writing within 14 days. A written stop payment request will remain in effect for 
six months unless renewed in writing. Call or write us with your stop payment request as soon as possible after you 
have submitted the Access Device and give us information about the Access Device to help us identify it. 

If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay 
that Access Device despite these efforts, we will not be liable to you for paying that Access Device. We may not be 
able to stop payment if you call or write us after we have started processing the Access Device. A Stop Payment Fee 
may apply. 

D.  Refusal  to  Honor  Your  Card  or  Access  Device.  A  merchant,  business  or  financial  institution  may  refuse  to 
honor your Card or Access Device. You and each Authorized User agree that you have no legal claims or damages 
against us or anyone else if your use of your Account is denied by any merchant, business or financial institution. 

E. Statements. 

1. General. At the end of a each monthly billing cycle (“Billing Cycle”), if there was activity on your Account, we 
will  send  you  a  Statement  showing  what  you  owe  (the  “New  Balance”)  as  of  the  end  of  the  Billing  Cycle.  The 
Statement will show any interest charges you owe, the minimum payment due, the payment due date, your current 
credit limit, an itemized list of fees, charges, payments and credits posted to your Account during the Billing Cycle 
and  other  important  information.  We  will  mail  or  deliver  the  Statement  to  the  address  we  have  on  file  for  your 
Account.  

2. Change of Address. You must notify us promptly of any change in your address by contacting Customer Service 
at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by calling us at 1-877-GO-
TD1ST (1-877-468-3178) if  you  have  a  First  Class  Visa  Signature  Card  or  at  1-888-561-8861  for  all  other  cards.  
You  may  also  update  your  address  online  via  tdcardservices.com.  Until  we  receive,  process  and  verify  your  new 
address, we will continue to send Statements and other notices to the last address we have on file for your Account.  

F.  Credit  Balance.  We  will  make  a  good  faith  effort  to  return  to  you  any  credit  balance  that  has  been  on  your 
Account longer than six consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also 
request a refund of a  credit balance on  your Account at any time by  sending your request to Customer Service at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. We may reduce the amount of any 
credit  balance  on  your  Account  by  applying  the  credit  balance  towards  new  fees  and  charges  posted  to  your 
Account. We do not pay any interest on credit balances.  

G.  Payments.  You  may  at  any  time  pay  off  the  full  unpaid  balance  or  part  of  the  unpaid  balance  under  this 
Agreement. 

1. Minimum Payment. If you have an outstanding balance, we must receive your minimum payment as set forth in 
section 2 "Making Payments" below. The minimum payment will be the greater of: 

(i) 

$35, or  

(ii) 

One percent (1%) of the New Balance plus: 

(a) 

(b) 

The periodic interest charges for the Billing Cycle; plus 

The  full  amount  of  any  transaction  fees  (such  as  Cash  Advance,  Balance 
Transfer and Foreign Transaction Fees) owed for the Billing Cycle; plus 

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(c) 

The  full  amount  of  any  Annual  Membership  Fee,  Late  Payment  Fee  or  other 
applicable fees owed.  

In addition, any past due minimum payment amounts will be added to your current minimum payment due. 

If your New Balance is less than $35, your minimum payment will equal your New Balance.   

Credits, Payment Plus credits (if you have a Payment Plus Account), adjustments, refunds, prepayments and similar 
Account transactions may not be used in place of payment of any portion of a required minimum payment. You may 
pay more than the minimum payment due (this is a prepayment) without any penalty. The sooner you pay the New  

Balance,  the  less  you  will  pay  in  interest  charges.  A  prepayment  in  one  Billing  Cycle  will  not  excuse  you  from 
paying the minimum payment due in the next Billing Cycle.  

2. Making Payments. Payments may be made by mail, online, at a TD Bank store or over the phone.  All payments 
must be in U.S. dollars and, if applicable, drawn on a U.S. bank. Business Day is defined as Monday through Friday, 
excluding federal holidays. 

a.  By  Mail.  Send  a  check  or  money  order  to  the  payment  address  shown  on  your  Statement  with  the 
payment stub from your Statement. Do not mail any cash payments. A properly addressed payment with  
the payment stub will be credited to your Account as of the date received if we receive it by 5 p.m. Eastern 
Time on a Business Day. A properly addressed payment with the payment stub received after 5 p.m.  
Eastern  Time  or  on  a  day  that  is  not  a  Business  Day  will  be  credited  to  your  Account  as  of  the  next 
Business Day. You agree to not give us any post-dated check as payment on your Account. If the payment  
due date falls on a day on which we do not receive or accept payments, the payment will not be treated as 
late if received the next Business Day.  

b. Online. You may pay  online by logging in to our website. A payment made online will be credited to 
your Account as of the  date received if  we receive it by 5  p.m. Eastern Time on a Business Day.  Online 
payments received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your 
Account as of the next Business Day.   

c. At TD Bank Stores. You may make a payment in person to one of our employees at a TD Bank store. A 
payment made at a TD Bank store will be credited to your Account as of the date received if we receive it 
by the close of business for that location.  

d. By Phone. You may pay  by phone by  calling 1-877-GO-TD1ST (1-877-468-3178) if  you have a First 
Class  Visa  Signature  Card  or  at  1-888-561-8861  for  all  other  cards.  A  payment  made  by  phone  will  be 
credited to your Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. 
Phone payments received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited 
to your Account as of the next Business Day.  From time to time, we may allow you to expedite a single 
payment to your Account from a designated bank account of yours by telephone. 

e. Delay in Crediting and Available Credit. We may reject or delay crediting payments that do not follow 
the instructions above. For example, there may be a delay of up to five days in crediting a payment by mail 
if it is received at an address other than the address we specify for payments on your Statement or if it is 
received without the required payment stub. Your available credit limit(s) may not reflect the payment for 
up to 15 days after we have credited a payment to your Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 
(i) 
(ii) 

to Interest Charges and other fees; 
to transactions (purchases, balance transfers, cash advances) with the lowest Daily Periodic Rates 
and corresponding APRs; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

(iii) 

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b. Application of Payments in Excess of Minimum Payment.   We  will generally apply  your payments 
and credits in excess of the minimum payment in the following order: 
(i) 

to transactions (purchases, balance transfers, cash advances) with the highest Daily Periodic Rates 
and corresponding APRs; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

(ii) 

4.  Payments  Marked  “Paid  in  Full”.    Any  check,  money  order  or  other  instrument  sent  in  payment  on  your 
Account marked with “paid in full” or similar notation to settle a debt on your Account that is reasonably in dispute 
(and  any  accompanying  letter  or  other  instructions)  must  be  sent  to:  TD  Bank,  P.O.  Box  16027,  Lewiston,  ME  
04243-9513, Attention: Customer Service. If such payment is sent to any other address, you agree that (i) we may  
ignore any special notations or instructions on or with the payment and (ii) our crediting any such payment to  your 
Account does not mean that we have agreed to any special notations or instructions on or with the payment. 

5.  Automatic  Payments.  We  may  allow  you  to  repay  amounts  owed  under  this  Agreement  through  automatic 
payments from a savings or checking account. We may terminate our permission to make automatic payments at any 
time. If we allow automatic payments, no automatic payment will occur unless the savings or checking account  
has sufficient collected funds in it on the Business Day before the payment due date to cover the full amount of the 
minimum payment due (or any larger monthly payment you and we may agree to from time to time). If an automatic 
payment  does  not  occur  for  any  reason,  you  still  must  pay  the  minimum  payment  and  a  Late  Payment  Fee  may 
apply. 

If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, 
you can stop the payment on any amount you think is wrong. To stop the payment write to: TD Bank, P.O. Box  
84037, Columbus, GA 31908- or call 1-877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature 
Card or 1-888-561-8861 for all other cards. To stop the payment, your letter or telephone call must reach us three  
Business Days before the automatic payment is scheduled to occur.  

6. Electronic Check Conversion. When you send a check as payment, you authorize us either to use information 
from your check to make a one-time electronic fund transfer from your bank account or (at our option) to process 
the payment as a check transaction. When we use information from your check to make an electronic fund transfer, 
funds  may  be  withdrawn  from  your  bank  account  on  the  same  day  we  receive  your  payment,  and  you  will  not 
receive your check back from your financial institution. If we cannot process the electronic fund transfer, or if it is 
returned to us, you authorize us to reinitiate the electronic fund transfer from your bank account. Alternatively, we 
may  (at  our  option) present  the  original  check, a  substitute check,  draft  or  similar negotiable  instrument  to  obtain 
payment. If you have questions about electronic check conversion, you may telephone us at 1-888-561-8861. 

7. Payment Plus Credit.  If you have a Payment Plus Account, when we receive qualifying payments of at least 5% 
of  the  New  Balance  on  a  Statement  on  or  before  the  payment  due  date  for  that  Statement,  you  will  receive  a 
Payment Plus credit. If you pay 5% to 9.99% of your New Balance, the credit will equal 25% of the interest charged 
on  your  next  Statement.  If  you  pay  10%  or  more  of  your  New  Balance,  the  credit  will  equal  50%  of  the  interest 
charged  on  your  next  Statement.  Your  Account  must  be  open  and  in  good  standing  to  receive  the  Payment  Plus 
credit.  Qualifying  payments  do  not  include  Payment  Plus  credits,  other  credits,  adjustments,  refunds  or  similar 
Account transactions. If your Account is in default, you are in a forbearance plan or charging privileges have been 
revoked, you will not receive a Payment Plus credit. 

H. Additional Cards and Authorized Users. 

1. Additional Cards. You may request additional Cards and permit Authorized Users to have access to your Card or 
Account.  You  will  be  liable  for  all  Account  transactions  made  and  all  fees  incurred  by  those  Authorized  Users 
(including without limitation interest charges).  We may limit the total number of Cards and other  Access  Devices 
issued. 

2. Revoking Authorized User’s Authority. To revoke your permission for any person you previously authorized to 
use  your Card or Account, notify Customer Service at  P.O. Box 84037, Columbus, GA 31908-4037, by  first class 
mail,  postage  prepaid,  or  call  us  at  1-877-GO-TD1ST  (1-877-468-3178)  if  you  have  a  First  Class  Visa  Signature 
Card or 1-888-561-8861 for all other cards. We reserve the right not to discontinue any Authorized User’s ability to  

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use  your  Account  until  we  have  received  the  Authorized  User’s  Card  and  any  unused  Access  Devices  in  the 
possession or control of the Authorized User (cut, torn, or otherwise deliberately damaged to prevent unauthorized  
use by third parties). You agree to send the Authorized User’s Card and any Access Devices to Customer Service, 
P.O.  Box  84037,  Columbus,  GA  31908-4037  upon  our  request.  You  will  remain  responsible  for  all  Account 
transactions by Authorized Users until we discontinue the Authorized User’s authority to use your Account. 

If you ask us to revoke an Authorized User’s ability to use your Account, you agree that we will close the affected 
card(s) only to new transactions.  Your Account number will not change. If we do this, you must notify anyone you 
have authorized to submit and post charges to your Account using the affected card.   

I. Lost or Stolen Cards, Account Numbers or Access Devices. If any Card, Account number or Access Device is 
lost or stolen, or if you think someone used or may use them without your permission, notify us AT ONCE by  
calling 1-877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature Card or 1-888-561-8861 for all 
other cards. You agree that we may  close  your Account to new transactions, change  your Account number(s) and 
issue you a new Card(s) and new Access Devices with different Account number(s) if we have been notified of the 
possible loss, theft or unauthorized use. If we do this, you  must notify anyone  you have authorized to submit and 
post charges to  your Account of  your new Account number(s). Do not use  your Card, Account number or Access 
Device after you notify us, even if your Card or other Access Device is later found or returned. 

Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the unauthorized use of your Account 
or Card that results in a fraudulent transaction made over the VISA network. To be eligible, you must notify 
us immediately of any unauthorized use of your Account or Card. We will provisionally credit you for losses 
from  the  unauthorized  Card  use  within  five Business  Days  of  your  notification  to  us  of  the  loss.  The  VISA 
Zero Liability Policy does not apply to transactions made at an ATM or to any transactions made using your 
PIN that are not processed by VISA. We may impose greater liability, or withhold, delay, limit or rescind any 
provisional credit that we provide to you under the Zero Liability Policy, based on factors such as your gross 
negligence  or  fraud,  your  delay  in  reporting  unauthorized  use,  our  investigation  and  verification  of  your 
claim,  your  Account  standing  and  history  and  other  factors.  If  you  are  not  eligible  for  the  VISA  Zero 
Liability Policy or it otherwise does not apply, you may be liable for unauthorized use of your Account, but 
not for more than $50. You won’t be liable for any unauthorized use of your Account that occurs after you 
notify us of the loss, theft or possible unauthorized use of your Card, Account number or Access Device. We 
may require you to provide certain information in writing to help us find out what happened. You also must 
identify for us any charges on your Statement that were not made by you or someone authorized by you and 
from which you received no benefit.  

4.  INTEREST CHARGES  

A.  Annual  Percentage  Rates.  Annual  Percentage  Rate  or  APR  means  the  annual  rate  of  interest  charged  on 
Account balances. The APRs and corresponding Daily Periodic Rates for your Account are listed in the Interest Rate 
and Fee Schedule. To get the Daily Periodic Rate, we divide the APR by 365 and round at the seventh place after the 
decimal point. We may charge different Daily Periodic Rates and APRs on different Account transactions (such as 
purchases, cash advances and balance transfers) or during special promotional periods.  

B. Variable Rates. Your APRs are subject to change each Billing Cycle and are determined each Billing Cycle by 
adding  the  Margins  listed  in  the  Interest  Rate  and  Fee  Schedule  to  the  Index.  The  Index is  the  Prime  Rate  (U.S.) 
published in the Money Rates section of The Wall Street Journal. Your APRs may increase if the Index increases. If 
any  APR  increases, the  amount  of  interest  charged  and  your  minimum  payment may  increase.  Any  change  in  the 
APRs will take effect on the first day of the Billing Cycle in which a change to the Index occurs. When a range of 
rates has been published on the day we calculate the APR, the highest of the rates will be used.   If this Index is no 
longer available we will select a new one. The maximum rate for any variable APR is the applicable Margin plus the 
Index. 

C. Introductory  or  Promotional  APR.  We  may  offer  you  an  introductory  or  promotional  APR  for  specific 
Account transactions,  such as  balance  transfers.  Any introductory  or  promotional  APR offer  will be  subject  to  the 
terms  of  the  offer  and  this  Agreement.  Upon  the  expiration  of  an  introductory  or  promotional  APR,  the  rate  will 
return  to  the  rate  for  the  specified  type  of  transaction(s)  as  stated  in  this  Agreement.  See  Section  4  –  Interest 

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Charges, subsection D for details on how to avoid paying interest on new purchases if you take advantage of a 
0% introductory or promotional APR Balance Transfer offer. 

D. When Interest Charges Begin. Your payment due date is at least 25 days after the close of each Billing Cycle. 
We  will not  charge  you  interest  on new purchases  if  you  pay  your  entire  balance  in  full  by the  payment  due  date 
each Billing Cycle. We will begin charging interest on cash advances and balance transfers on the transaction date. 
There  is  no  time  period  in  which  you  may  repay  a  cash  advance  or  balance  transfer  and  avoid  imposition  of  an 
interest  charge. If  you  have  a  balance  transfer  balance  on  your  Account  that  is  subject  to  a  0%  introductory  or 
promotional APR  we  will  not  charge  you  interest  on  new  purchases  during  the  term  of  the  introductory  or 
promotional  offer  if  you  pay  by  the  payment  due  date  of  each  Billing  Cycle  the  amount  that  equals:  (1)  your 
Minimum Payment Due; plus (2) the total outstanding purchase balance; plus (3) the total outstanding cash advance 
balance;  plus  (4)  the  total  amount  of  outstanding  balance  transfer  balances  that  are  not  subject  to  the  0% 
introductory  or  promotional  APR;  plus  (5)  plus  any  fees  that  had  been  assessed  to  the  Account..E.  Balance 
Calculation Method (Average Daily Balance Method (Including Current  Transactions)). In any Billing Cycle 
in  which  you  owe  interest,  we  will  charge  interest  on  your  balances  of  purchases,  balance  transfers  and  cash 
advances  at  the  applicable  Daily  Periodic  Rates.  We  figure  the  interest  charge  on  your  Account  by  applying  the 
periodic  rate  to  the  “average  daily  balance”  of  your  Account.  To  get  the  “average  daily  balance”,  we  take  the 
beginning  balance  of  your  Account  each  day,  add  any  new  transactions  and  fees  and  subtract  any  payments  or 
credits. This gives us the daily balance. Then, we add up all the daily balances for the Billing Cycle and divide the 
total by the number of days in the Billing Cycle. This gives us the “average daily balance”.  We compound (charge 
interest on) unpaid interest charges and unpaid fees. 

F. Minimum Interest Charge. If the total interest charges on your Account for a Billing Cycle are greater than zero 
but less than $1, the interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

A. Annual Membership Fee. If your Account has an Annual Membership Fee, it will be billed each year, whether 
or  not  you  use  your  Account.  The  amount  is  listed  in  the  Interest  Rate  and  Fee  Schedule.  Your  payment  of  the 
Annual Membership Fee does not affect our right to close your Account or limit your right to make transactions on 
your Account.  

B. Cash Advance and Balance Transfer Transaction Fees.  

1. Cash Advance and Balance Transfer Transaction Fees. We will charge a transaction fee on each cash advance 
and balance transfer you obtain in the amounts shown in the Interest Rate and Fee Schedule. 

2.  Foreign  Transaction  Fee.    If  your  Account  has  a  Foreign  Transaction  Fee,  we  may  impose  a  fee  equal  to  a 
certain  percentage  of  the  U.S.  Dollar  amount  of  a  foreign  transaction  as  shown  in  the  Interest  Rate  and  Fee 
Schedule.   

C. Late Payment Fee. The first time we do not receive a required minimum payment when due, we may charge a 
Late Payment Fee of the minimum payment due or $25, whichever is less.  If over the next six Billing Cycles, the 
minimum payment is not received when due, we may charge a Late Payment Fee of the minimum payment due or 
$35, whichever is less.  

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to 
$5 for each copy of a payment check or written Access Device you request. However, we will not charge you for  
copies  of  documents  that  you  request  in  connection  with  a  billing  error/inquiry  you  may  assert  against  us  under 
applicable law.  

2. Emergency Replacement Card  Fee. If  you request a replacement Card on an expedited basis (for example, to 
replace a lost or stolen Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

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8 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee 
of $39. 

6.  DEFAULT 

A. Events of Default.  Subject to restrictions of applicable law, you will be in default and we will not be obligated 
to  honor any  attempted  use  of  your  Account  (even if  we  do  not  give  you  advance  notice)  if  any  of  the  following 
events occurs: 

  We do not receive any payment required by this Agreement when such payment is due. 
  You exceed any credit limit. 
  You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
  You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or 

filing. 

  You give us false or misleading information at any time in connection with your Account. 
  You  send  us  more  than  one  check  or  similar  instrument  that  is  returned  to  us  unpaid  or  any  automatic, 
electronic  or  other  payment  on  your  Account  cannot  be  processed  or  is returned  unpaid,  for  any  reason, 
within the last six Billing Cycles. 

  You breach or otherwise fail to comply with any term or condition of this Agreement. 
  We  have  reason  to  suspect  that  you  or  any  Authorized  User  may  have  engaged  or  participated  in  any 
unusual, suspicious, fraudulent or illegal activity on your Account or any other account or loan you have 
with us or our affiliates. 

  You do not give us any updating information about  your finances, employment or any other information 

we may reasonably request, promptly after our request. 

B. Our Rights After Default. In the event of default, we  may  close  your Account, require you to pay the unpaid 
balance in full or take any other action permitted by applicable law. 

C.  Collection  Costs.  If  we  refer  any  past  due  amounts  you  owe  under  this  Agreement  to  a  collection  agency  or 
lawyer for collection, you agree to pay us our reasonable costs of collection, including without limitation collection 
agency fees, court costs and attorneys’ fees actually incurred by us, to the fullest extent permitted by applicable law. 

7. CLOSING YOUR ACCOUNT 

A. We May Close Your Account. Except where prohibited by applicable law, we may close your Account to new 
transactions at any time, for any reason and without prior notice.  

B. You May Ask Us to Close Your Account. You may ask us to close  your Account to new transactions at any 
time by notifying Customer Service in writing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, 
postage prepaid, or contacting us at  1-877-GO-TD1ST (1-877-468-3178) if  you have a First Class Visa Signature 
Card  or at  1-888-561-8861  for  all  other  cards.  If  you  request  to  close  your  Account  by  phone,  we  may  require  a 
written notice from you.  

C. After Your Account is Closed. After your Account is closed, you still must pay us any unpaid amounts under 
this Agreement. We will not be liable to you for any consequences resulting from closing your Account. You agree 
to cut, tear or otherwise deliberately damage all Cards and unused Access Devices in your or any Authorized User’s  
possession or control to prevent unauthorized use by third parties and, upon our request, return such Cards or Access 
Devices to us at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. 

8. CHANGING THIS AGREEMENT. We may change this Agreement, including (for example) changing the 
addresses and telephone numbers you should use to contact us, changing fees, adding new fees, changing the Daily 
Periodic  Rates  and  corresponding  APRs  or  increasing  your  required  minimum  payment.  We  may  change  this 
Agreement  based  on  economic  or  market  conditions,  our  business  strategies  or  for  any  other  reason  (including 
reasons unrelated to you or your Account). Any changes we make to this Agreement may apply to new transactions 
and/or then-existing balances as described in any notice  we are required to provide to  you. We  will notify  you  of 
changes to this Agreement as required by applicable law. We will mail any required written notice to the address we 
have on file for your Account. 

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9 

9. INFORMATION SHARING 

A.  Credit  Information.  We  may  review  your  credit  history  by  obtaining  information  from  consumer  reporting 
agencies  and  others.  We  may  report  information  about  your  Account  to  credit  bureaus.  Late  payments,  missed 
payments  or  other  defaults  on  your  Account  may  be  reflected  in  your  credit  report.  We  may  report  Account 
information on Authorized Users. 

B.  How  to  Dispute  Reports  Regarding  Your  Account.  If  you  think  the  information  we  furnished  to  consumer 
reporting agencies on your Account is not accurate please write to us at:  P.O. Box 84037, Columbus, GA 31908-
4037. With your letter, please provide us with: 

  Your name, address and telephone number;  
  The Account number(s) for the Account(s) you are disputing;  
  A description of the specific information you are disputing and an explanation of the basis for your dispute; 

and  

  Copies of documents that support your dispute. These could include (but are not limited to): a copy of your 
consumer  report  showing  the  information  that  you  are  disputing,  your  Statements,  a  court  order  or  (if 
applicable) a copy of a police report or fraud or identity theft affidavit. 

If you fail to provide us with the information listed above, we may be unable to investigate your dispute.  We will 
notify you of the results of our investigation within 30 days of receiving your dispute. A delay may be experienced if 
the  dispute  is  not  mailed  to  the  address  above.  We  may  take  up  to  45  days  to  investigate  your  dispute  if,  after 
providing us with your initial notice of dispute,  you provide us  with additional information that is  relevant to our 
investigation. If our investigation finds that the information you are disputing was inaccurate, we will notify the  
consumer reporting agency  of  our determination and provide the consumer reporting agency  with the information 
necessary to correct the inaccuracy.  

We will have no duty to investigate disputes that are substantially similar to a prior dispute that we have responded 
to, or that relate to your identifying information (such as your name, date of birth, Social Security number, telephone 
number  or  address),  inquiries  appearing  on  your  consumer  report,  information  from  public  records  (such  as 
judgments,  liens,  or  bankruptcies,  unless  these  matters  relate  to  your  Account(s)  with  us),  information  related  to 
fraud or active duty alerts on your report, or information provided to the consumer reporting agency from someone  
other than us. We  will also have no duty to investigate  your dispute if  we reasonably  believe it  was submitted or 
prepared by (or if you submitted it on a form provided by) a credit repair organization. If we determine that we will 
not investigate your dispute for one of these (or some other) reasons we will notify you of that determination within 
five Business Days. 

C. Telephone Monitoring and Recording. You consent to and authorize  us and any of  our affiliates, agents and 
marketing  associates  to  monitor  and/or  record  any  of  your  telephone  conversations  with  any  of  our  or  their 
representatives for quality control, training and other lawful purposes. 

D. Telephone Numbers.  When you give us your mobile phone number, we have your permission to contact you at 
that number about all of  your TD Bank accounts.  Your consent allows us to use text messaging, artificial or pre-
recorded voice messages and automatic dialing technology for informational and account service calls, but not for  
telemarketing  or  sales  calls.  It  may  include  contact  from  companies  working  on  our  behalf  to  service  your 
accounts.  Message and data rates may apply.  You may contact us anytime to change these preferences. 

E. Account Benefits. We may offer you certain third-party benefits and services with your Account, as outlined in 
benefits brochures or other documents and internet web sites. For example, certain eligible purchases charged with a 
VISA®  Card  may  be  eligible  for  certain  benefits  or  services  through  VISA  U.S.A.  Inc.  (or  its  affiliates).  Any 
benefits or services we make available through third parties (including without limitation VISA U.S.A. Inc.) are not 
a part of this Agreement, but are subject to the terms and restrictions outlined in the applicable benefits brochures or 
other documents or internet web sites provided or made available to you from time to time. You agree that we may 
give  information  about  you,  any  Authorized  User,  and  your  Account,  to  any  third  party  reasonably  needing  the 
information to provide you with such benefits or services. You also agree that we or any third party providing any 
Account-related benefits or services may change, add, or delete benefits or services at any time without notice.  

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10. MISCELLANEOUS 

10 

A. Certain Waivers. You waive the right of “presentment” and “notice of dishonor.” “Presentment” means the right 
to  require  us  to  demand  payment  of  amounts  due  under this  Agreement.  “Notice  of  dishonor”  means  the right to 
require us to give notice to other persons that amounts due under this Agreement have not been paid. You also waive  
demand for payment, protest, notice of protest and all other notices and demands, to the fullest extent permitted by 
applicable law. 

B. Assignment. We may assign your Account and our rights under this Agreement to our affiliates or to some other 
financial institution or company without advance notice to you. That entity will take our place in this Agreement if 
we do this. You may not assign or transfer your Account or any of your responsibilities under this Agreement to any 
other person. 

C. No Security. Your Account is unsecured. We are not taking a security interest in any property in connection with 
your Account.  

D. Evidence. You agree that we may use a copy, microfilm, microfiche or digital image of any Statement or other 
document to prove  what you owe us and that the copy, microfilm, microfiche or digital image will have the same 
validity as the original.  

E. Captions and Interpretation. The captions used in this Agreement are for convenience only. They do not affect 
the meaning of the paragraphs in this Agreement.  

F. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect. 

G. Delay in Enforcement/No Waiver. We may delay or waive enforcing any of our rights or remedies under this 
Agreement or under applicable law without losing any of those rights or remedies. Even if we do not enforce our 
rights or remedies at any one time, we may enforce them at a later time.  

H. Entire Agreement. The Agreement is the entire agreement between  you and us relating to  your Account. The 
Agreement replaces any other agreement relating to your Account that you and we made earlier or at the same time. 
In the event of a conflict between this Personal Credit Card Agreement and any other document (including the other 
documents  that  are  collectively  called  the  Agreement),  this  Personal  Credit  Card  Agreement  will  control  unless 
otherwise expressly provided in the other document. 

NJ RESIDENTS: Because certain provisions of this Agreement are subject to applicable laws, they may be void, 
unenforceable  or  inapplicable  in  some  jurisdictions.  None of  these  provisions, however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

Cardholder:  Your name, address and signature (including any electronic or digital signature)  and the date on any 
application or solicitation or on any sales slip or  other evidence  of indebtedness on  your Account represents  your 
name, address and signature and the date on this Agreement. 

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 bill, write to us at: 
TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 
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 bill. 

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11 

  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 bill, 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: 
 
       to that amount. 
 
      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 we made a mistake:  You will not have to pay the amount in question or any interest or other fees related 

If we do not believe there was a mistake:  You will have to pay the amount in question, along with  

If  you  receive  our  explanation  but  still  believe  your  bill  is  wrong,  you  must  write  to  us  within  10  days 
telling us that you still refuse to pay.  If you do so, we cannot report you as delinquent without also reporting that 
you are questioning your bill.  We must tell you the name of anyone to whom we reported you as delinquent, and we 
must let those organizations know when the matter has been settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if 
your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with a credit card, and you have tried 
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due 
on the purchase.   

To use this right, all of the following must be true: 
1.  The purchase must have been made in your home state or within 100 miles of your current mailing address,  
and the purchase price must have  been more than $50.00.  (Note: Neither of these are necessary if  your purchase 
was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 

2.  You must have used your credit card for the purchase.  Purchases made with cash advances from an ATM or 

with a check that accesses your credit 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: 
TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 

While we investigate, the same rules apply to the disputed amount as discussed above.  After we finish our 
investigation, we will tell you our decision.  At that point, if we think you owe an amount and you do not pay, we 
may report you as delinquent.   

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12 

Interest Rate and Fee Schedule 

              The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card Agreement. 

                                      Please read and keep this Schedule with your Agreement for your records. 

Interest Rates and Interest Charges  
Annual Percentage 
Rate (APR) for 
Purchases  

TD Cash:                           
     13.74%, 18.74% or 23.74%, based on your   
     creditworthiness.  
     All available APRs will vary with the market based on the Prime Rate.    
 First Class:    
   13.99% 
   This APR will vary with the market based on the Prime Rate. 

APR for Balance 
Transfers  

APR for Cash 
Advances  
How to Avoid 
Paying Interest 
on Purchases  
Minimum Interest 
Charge  
For Credit Card 
Tips from the 
Consumer 
Financial 
Protection Bureau  
Fees  
Annual Fee  

Transaction    
Fees   

Balance 
Transfers 

Cash 
Advances 

Foreign 
Transactions 

Penalty Fees  

 

Late Payment  

TD Cash:  
0% Introductory APR for the first 12 billing cycles after Account opening.  
       After that, your APR will be 13.74%, 18.74% or 23.74%, based on   
       your creditworthiness.  
       All APRs will vary with the market based on the Prime Rate.  
First Class:      
0% Introductory APR for the first 12 billing cycles after Account opening.  
    After that, your APR will be 13.99%.  
      This APR will vary with the market based on the Prime Rate. 
23.99% 
   This APR will vary with the market based on the Prime Rate.  
Your due date is at least 25 days after the close of each billing 
cycle. We will not charge you any interest on purchases if you pay 
your entire balance by the due date each month.  
If you are charged interest, the charge will be no less than $1.00. 

To learn more about factors to consider when applying for or using 
a credit card, visit the website of the  
Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

TD Cash:     None. 

 First Class:   $89 (waived for the first year). 
TD Cash:      
Either $10 or 4% of the amount of each transfer, whichever is greater. 
First Class:   
Either $10 or 3% of the amount of each transfer, whichever is greater. 
 TD Cash:     
 Either $10 or 5% of the amount of each cash advance, whichever is  
 greater. 
 First Class:    
 Either $10 or 3% of the amount of each cash advance, whichever is    
 greater. 
TD Cash:  None. 
First Class:  None. 

TD Cash: 
Up to $35 

First Class: 
Up to $35 

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13 

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including Current 
Transactions).” See your account agreement for more details. 

Loss of Introductory APR:  If you are 60 days past due, we may end your introductory APR for Balance Transfers 
and apply the standard APR for Balance Transfers as stated in the Interest Rates and Interest Charges Table, to all 
existing and new Balance Transfer balances on the Account. 

Billing Rights: Information about your rights to dispute transactions and how to exercise those rights is provided in 
your account agreement. 

TD Cash Margins:   

 For Purchases, 9.74%, 14.74% or 19.74% will be added to the Index 
 For Balance Transfers, 9.74%, 14.74% or 19.74% will be added to the Index 
 For Cash Advances, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of April 21, 2017 are:  

 For Purchases, 0.0376438%, 0.0513424% or 0.0650411% 
 For Balance Transfers, 0.0376438%, 0.0513424% or 0.0650411% 
 For Cash Advances, 0.065726% 

First Class Margins:   

 For Purchases, 9.99% will be added to the Index 
 For Balance Transfers, 9.99% will be added to the Index 
 For Cash Advances, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of April 21, 2017 are:  

For Purchases, 0.038329% 
For Balance Transfers, 0.038329% 
For Cash Advances, 0.065726% 

Index:         Prime Rate as of April 21, 2017 is 4.00%  

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