M-­‐104642	  

(a)  You  will  not  be  able  to  perform  a  Transaction  until  you 

activate your Card. 

(b)  You must sign your name on the signature panel on the back 
of  your  Card  as  soon  as  you  receive  it  to  protect  you  and  us 
from  claims  of  unauthorized  use.  You  will  be  obligated  to 
repay all Transactions initiated by any Person who uses your 
Card or Account with your permission. 

(c)  You  may  make  Credit  Purchases  by  using  your  Card  or 
Account  Number  at  merchants  that  accept MasterCard  credit 
cards.  

(d)  You may obtain Cash Advances, in an amount not to exceed 
75.00% of the difference between your Credit Limit and your 
outstanding Balance, by using your Card or Account Number 
at  MasterCard-affiliated  financial 
institutions,  automated 
teller machines (“ATM”), using Convenience Checks and by 
other  means  permitted  by  MasterCard  from  time  to  time.  If 
you  obtain  a  Cash  Advance  from  an  ATM  not  owned  by  us, 
the ATM operator may also assess a fee. 

(e)  If MasterCard overdraft protection is available and you enter 
into  a  separate  MasterCard  overdraft  financing  agreement 
with us, you may use a Cash Advance to pay overdrafts on the 
deposit accounts identified in such agreement.  

(f)  We  may,  in  our  sole  discretion,  permit  Balance  Transfers 
from other credit card accounts to your Account.  If the total 
amount  of  a  Balance  Transfer  you  request  exceeds  your 
Credit  Limit,  we  may  either  send  full  or  partial  payment  to 
your creditors in the order you provide them to us up to your 
Credit  Limit  or  we  may  send  you  Convenience  Checks  for 
you to pay your creditors up to your Credit Limit.    Allow  at 
least  two  (2)  weeks  from  account  opening  for  processing.  
Continue  paying  each  creditor  until  the  transfer  appears  as  a 
credit  with  your  creditor.    Balance  Transfers  incur  finance 
charges from the Transaction Date.  If you have a dispute with 
a creditor and pay that balance by transferring it to your new 
account, you may lose certain dispute rights. 

(g)  You agree that you will not use your Card, Account Number, 

or Convenience Checks: 

i) 

if  we  or  you  have  suspended  or  cancelled  your  Card  or 
Account; 

ii)  after you report them as lost or stolen; 

iii)  after you file a petition for bankruptcy; 

iv) 

if  you  do  not  honestly  expect  to  be  able  to  pay  your 
Balance (as defined in section 5(a)) in full; and 

v) 

for any illegal purpose, such as illegal gambling. 

2.  Convenience  Checks.  We  may  make  Convenience  Checks 
available at our sole discretion. Convenience Checks may only be 
used  by  Persons  whose  names  are  pre-printed  on  them.  Each 
Convenience  Check  must  be  completed  and  signed  in  the  same 
way  you  complete  a  personal  check.    If  you  use  a  Convenience 
Check,  it  shall  be  deemed  to  be  an  authorization  for  a  Cash 
Advance.    Convenience  Checks  may  only  be  written  in  U.S. 
Dollars.  A Convenience Check cannot be used to make a payment 
on your Account.  We are not responsible if any Person or device 
refuses to accept a Convenience Check. 

(a)  We may refuse to pay a Convenience Check if:  

MasterCard® Consumer Credit Card Cardholder Agreement  

This is the Agreement between Bethpage Federal Credit Unions (“we”, 
“our”,  or  “us”)  and  you  concerning  the  MasterCard  Consumer  Credit 
Card  Account  (“Account”)  and  the  individual  MasterCard  cards 
(“Card”)  we  have  issued  to  you  and  other  individuals  at  your  request. 
This  Agreement  also  governs  the  issuance  and  use  of  Convenience 
Checks,  Balance  Transfers  and  the  use  of  your  Cardholder  Account  to 
provide overdraft protection, if applicable. In this Agreement, the words 
“you” and “your” mean the individual who applied for the Account by 
completing  an  Account  application,  and  all  individuals  to  whom  we 
issue Cards at your request, (collectively, the “Authorized Users”). You 
and we are sometimes collectively called the “Parties” and individually 
a “Party”. In addition, the following terms have these meanings in this 
Agreement:  

• 

• 

• 

• 

• 

• 

• 

• 

• 

 “Account Number” means the 16-digit number on the face of 
your Card. 

“Balance  Transfer”  shall  mean  a  transfer  of  a  credit  balance 
from another credit card account to your Account.   

“Cash Advance” shall mean a loan from us to you other than a 
Credit  Purchase.    The  following  transactions  are  considered 
Cash  Advances:    requesting  cash  in  person  at  any  bank; 
making  a  credit  transaction  at  participating  ATM  network 
through  on-line 
machines;  making  a  credit 
banking;  funding  a  wire  transfer;  purchasing  money  orders, 
travelers checks, lottery tickets, casino or gambling chips; or 
using a Convenience Check.  

transaction 

“Convenience  Check”  shall  mean  a  convenience  check  that 
we may provide to you from time to time.  

“Credit  Limit”  means  the  amount  of  credit  we  will  make 
available to you under this Agreement. We will inform you of 
your  Credit  Limit  in  a  letter  we  will  send  to  you  if  your 
application is approved (the “Approval Letter”); however we 
may  reduce  your  credit  limit  at  any  time  in  accordance  with 
applicable law.  

“Credit  Purchase”  shall  mean  use  of  your  Card  or  Account 
Number to purchase or lease goods and/or services. 

“Person”  means,  as  the  context  requires,  a  human  being 
and/or  any  firm,  corporation,  partnership  (including,  without 
limitation,  general  partnerships,  limited  partnerships,  and 
limited liability partnerships), limited liability company, joint 
venture, business trust, association or other legal entity other 
than us. 

“Transaction”  means  each  (a) Credit  Purchase,  (b) Cash 
Advance and (c) Balance Transfer. 

“Transaction  Date”  means  the  date  you  (a)  obtain  a  Cash 
Advance, (b) use a Convenience Check or (c) make a Balance 
Transfer, as applicable. 

You  will  have  accepted  this  Agreement,  including  section  23  titled 
WAIVER OF JURY TRIAL; LIMITATION OF DAMAGES, when 
you  activate  any  Card  we  have  issued  you  by  calling  the  activation 
telephone number included with the Card or by using the Card. 

i) 

ii) 

1.  Use of Account.  

it is postdated; 

the  amount  of  the  Convenience  Check  would,  if  paid, 
cause  your  New  Balance  (as  defined  in  section  5)  to 
exceed your Credit Limit or if your Account is in Default 
(as defined in section 20); 

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iii) 

it is signed by a Person whose name is not pre-printed on 
its face;  

iv)  we  or  you  have  terminated  or  suspended  your  Card  or 

Account for any reason;  

v) 

it is written in a currency other than U.S. Dollars;  

vi) 

if payment of the Convenience Check would exceed any 
limit  imposed  by  us  for  security  reasons  pursuant  to 
section 3(b); or 

vii)  you  have  reported  that  Convenience  Check  as  lost  or 
stolen by following the instructions in section 2(d).  

(b)  At our election, we may pay or return postdated Convenience 
Checks without in either case waiting until the date shown on 
the Convenience Check.  

(c)  You  agree  that  we  need  not  return  cancelled  Convenience 
Checks  to  you  and  that  if  you  need  evidence  of  payment 
represented  by  a  Convenience  Check  a  photocopy  or  similar 
reproduction will be satisfactory for such purposes.  

(d)  Subject  to  this  section  2,  you  have  the  right  to  stop  payment 
on any Convenience Check that has not been paid or certified 
by  us.  Oral  stop  payment  orders  are  valid  for  fourteen  (14) 
calendar days, unless confirmed in writing within that period. 
A  written  stop  payment  order  is  valid  for  six  (6)  months 
unless  you  renew  it  in  writing  not  less  than  two  (2)  weeks 
prior to the end of that period.  If you want to stop payment of 
a  Convenience  Check,  you  must  contact  us  at  the  telephone 
number  or  address  listed  in section  16.  You  must  provide  us 
with  the  check  number,  date  transacted,  dollar  amount,  the 
name of the payee and your full Account Number exactly as 
they appear on the Convenience Check on which you wish to 
stop payment.  We shall not be liable under any circumstances 
for failure to effectuate a stop payment order if: (a) we have 
not received all necessary information within a sufficient time 
(at  least  twenty-four  (24)  hours)  to  afford  us  a  reasonable 
opportunity  to  act  on  the  order;  (b)  the  Convenience  Check 
has  been  lost,  stolen  or  destroyed  and  ninety  (90)  calendar 
days  have  not  elapsed  since  its  issuance  date;  or  (c)  the 
Convenience  Check  is  postdated.    We  shall  not  be  liable  for 
paying  a  Convenience  Check  over  a  valid  and  timely  stop 
payment  order  unless  you  are  able  to  demonstrate  that  you 
the 
would  not  have  otherwise  been  obligated 
Convenience  Check  or  did  not  otherwise  suffer  damages.   In 
that regard, you acknowledge that a stop payment order does 
not impact your obligation on a Convenience Check that has 
been negotiated to a holder in due course.  If we recredit your 
Account  after  paying  a  Convenience  Check  over  a  valid  and 
timely  stop  payment  order,  amendment  or  cancellation,  you 
agree  to  transfer  to  us  all  of  your  rights  against  the  payee  or 
other holder of the Convenience Check and to assist us in any 
subsequent  legal  action  taken  by  us  against  that  Person.    If 
payment of a Convenience Check has been approved, refused, 
or  stopped,  you  agree  to  hold  us  harmless  and  indemnify  us 
for  any  losses,  expenses  and  costs,  including  attorneys'  fees, 
incurred by you or us for allowing or preventing payment of 
such Convenience Check.  

to  pay 

3.  Honoring of Card.  

(a)  You  agree  that  we  are  not  responsible  for,  nor  will  we  incur 

any liability to you if: 

i) 

any  Person  refuses  to  honor  your  Card,  Account 
Number, or Convenience Check;  

ii)  an  ATM  or  other  device  does  not  accept  your  Card  or 

Account Number; or  

M-­‐104642	  

iii)  we  are  unable  to  authorize  or  process  a  Transaction  on 
account  of  a  Force  Majeure  Event.  “Force  Majeure 
Event”  means  any  cause  beyond  our  absolute  control, 
including  without  limitation,  acts  of  God,  acts  of  war, 
fire,  explosion,  natural  disaster, 
riot,  earthquake, 
flooding,  embargo,  sabotage,  and  any  government  law, 
ordinance, rule, regulation, order or action. 

(b)  We may limit the type, number or aggregate dollar amount of 
Transactions  you  are  permitted  to  initiate  in  a  day,  week,  or 
Billing Cycle (as defined in section 5) for security reasons. If 
we impose such limits, you agree that we will not be liable to 
you if we do not authorize or process Transactions in excess 
of those limits. 

(c)  If  you  are  in  Default  (as  defined  in  section  20),  we  may 
decline to authorize Transactions until such Default is cured.  

(d)  You understand and agree that: 

i) 

ii) 

if  you  wish  to  authorize  a  merchant  to  initiate  recurring 
preauthorized  Transactions,  it  is  your  responsibility  to 
provide  accurate  information  concerning  your  Account 
to the merchant; 

if you wish to terminate a preauthorized Transaction, it is 
your  responsibility  to  (A) contact  the  merchant,  and 
(B) check your Periodic Statements (as defined in section 
5)  to  confirm  that  the  preauthorized  Transaction  was 
terminated; 

iii)  we  will  not  be  responsible  to  you  for  merchandise  or 
services you purchase with your Card, Account Number, 
or  a  Convenience  Check  unless  explicitly  required  by 
applicable law; and 

iv)  any  refund,  adjustment  or  credit  allowed  by  a  merchant 
(a “Credit Refund”) shall not be by cash but rather by a 
credit advice to us which shall be shown as a credit on a 
Periodic Statement. 

4.  Promise to Pay. You promise to pay for all Transactions, all Fees 
(as  defined  in  section  11),  finance  charges  (calculated  using  the 
methods  described  in  section  7),  and  any  other  amounts  that  you 
are  required  to  pay  under  this  Agreement  as  and  when  they  are 
due. When you use your Card, Account Number, or Convenience 
Checks,  and  whenever  you  authorize  any  Person  to  use  them  for 
any  purpose,  you  represent  to  us  that  you  have  the  intention  and 
ability to pay for all Transactions initiated by you or that Person.  

5.  Periodic Billing Statements.  

(a)  Approximately  once  each  month  (“Billing  Cycle”),  we  will 
make  available  to  you  a  statement  (“Periodic  Statement”)  on 
the  last  day  of  each  Billing  Cycle  (“Closing  Date”)  during 
which:  

i) 

you have an outstanding debit or credit Balance, 

ii)  you initiate debit or credit Transactions, 

iii)  you  make  a  payment  that  brings  your  Balance  to  zero 

($0.00), or 

iv)  we have imposed a finance charge.  

“Balance”  means  your  New  Balance  (as  defined  in  section 
5(b))  together  with  all  Fees  and  finance  charges  that  accrue 
thereon  until  the  date  on  which  our  records  reflect  that  you 
owe  no  amounts  to  us  (no  debit  balance)  and  we  owe  no 
amounts to you (no credit balance).  

(b)  Each  Periodic  Statement  will  tell  you,  in  addition  to  certain 
other  information,  (i) the  Balance  of  your  Account  as  of  the 
Closing  Date  of  the  prior  Billing  Cycle  (your  “Previous 
Balance”),  (ii) the  amount  of  all  Cash  Advances  (including 

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Convenience  Checks),  Credit  Purchases,  Balance  Transfers, 
Credit  Refunds,  Fees,  payments,  and  finance  charges  posted 
to your Account during the current Billing Cycle, and (iii) the 
Balance of your Account as of the Closing Date of the current 
Billing Cycle (your “New Balance”).  

(c)  You promise to inform us promptly, in writing, if you change 
your address. If you do not promptly notify us of your address 
change,  any  notices  and  statements  we  send  to  your  old 
address before we have had a reasonable time to process your 
address  change  notice  will  still  be  valid,  even  if  you  do  not 
receive them.  

(d)  It  is  your  responsibility  to  be  sure  that  you  have  received  a 
Periodic  Statement  each  month  (you  may  not  receive  a 
Periodic  Statement  if  none  of  the  circumstances  described  in 
section 5(a) occur). If you owe a debit Balance, you must pay 
your Minimum Payment even if you do not receive a Periodic 
Statement,  unless  we  are  prohibited  from  enforcing  this 
provision by applicable law.  

(e)  We may provide annual statements (for review purposes only, 
not  a  Periodic  Statement)  to  you  which  will  identify 
Transactions  according  to  merchant  categories  to  help  you 
with tax preparation and year end accounting.  

6.  Minimum  Payments.  You  must  pay  the  minimum  payment 
amount  specified  on  your  Periodic  Statement  (the  “Minimum 
Payment”) by the Due Date.  Payments are applied in the manner 
stated in section 14. You must pay the Minimum Payment  by the 
Due Date to avoid being in Default. Each Periodic Statement will 
indicate  the  Minimum  Payment  and  Due  Date  based  on  the 
following: 

(a)  The  initial  Minimum  Payment  is  due  25  days  after  the  first 
Closing  Date  following  the  activation  of  the  Card  (“Initial 
Due  Date”).    Following  the  Initial  Due  Date,  the  Minimum 
Payment is due each month on the same day of the month as 
the Initial Due Date even if the Due Date falls on a weekend 
or  a  holiday  (together  with  the  Initial  Due  Date,  the  “Due 
Date”).  

(b)  The  Minimum  Payment  required  is  the  New  Balance  if  the 

New Balance is equal to or less than $25.00.  

(c)  If the New Balance exceeds $25.00, the Minimum Payment is 
3.00%  of  that  portion  of  the  New  Balance  which  does  not 
exceed  your  Credit  Limit  (rounded  up  to  the  nearest  dollar), 
plus, the entire portion of any Over-the-Credit Limit Amount, 
plus  any  amount  past  due.    “Over-the-Credit  Limit  Amount” 
means the amount by which your New Balance exceeds your 
  “Over-the-Credit  Limit 
Credit  Limit  at  any 
Transactions”  are  any  Transaction  that  would  cause  you  to 
exceed  your  Credit  Limit  at  any  time.  You  may  “opt  in”  to 
Over-the-Credit  Limit  Transactions  in  writing  by  executing 
and delivering to us at the address in section 16, the Consent 
Form for Over-the-Credit Limit Transactions provided to you 
with  your  application,  or  by  contacting  us  at  the  address  or 
phone number in section 16 to receive further instructions as 
to how you may “opt in.”  

time. 

(d)  If  the  amount  you  pay  is  less  than  the  amount  necessary  to 
pay the full Balance but more than the Minimum Payment (an 
“Excess  Payment”),  the  Excess  Payment  will  be  applied  to 
your Balance in the manner set forth in section 14(c).  Making 
an Excess Payment will not result in a waiver of a Minimum 
Payment for any subsequent Billing Cycle.   

(e)  You  may  at  any  time  pay  all  or  any  part  of  your  Balance 

without penalty. 

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your  Average  Daily  Balance  (as  defined  in  this  section  under  (a) 
for Cash Advances and Balance Transfers and under (b) for Credit 
Purchases). For each Billing Cycle that your Account is subject to 
a finance charge, a minimum total finance charge of $2.00 will be 
imposed.   

(a)  Finance  Charge  Calculation  Method  for  Cash  Advances  and 
Balance  Transfers  (average  daily  balance  including  current 
Transactions). Finance charges on Cash Advances (including 
Convenience  Checks)  and  Balance  Transfers  begin  to  accrue 
on  the  Transaction  Date,  or  the  first  day  of  the  next  Billing 
Cycle  in  which  the  Cash  Advance  or  Balance  Transfer  is 
posted  to  your  Account,  whichever  date  is  later.    The  Cash 
Advance  and  Balance  Transfer  finance  charges  for  a  Billing 
Cycle  are  computed  by  applying  the  Periodic  Rate  to  the 
“Cash  Advance  and  Balance  Transfers  Average  Daily 
Balance”  of  your  Account.  To  calculate  your  Cash  Advance 
and Balance Transfers Average Daily Balance, we (i) take the 
beginning  Balance  of  your  Cash  Advances  and  Balance 
Transfers  on  each  day  in  the  Billing  Cycle  (including  the 
Closing  Date),  add  new  Cash  Advances  and  Balance 
Transfers, and subtract payments (which shall not include any 
related  Fees  or  unpaid  finance  charges),  received  during  the 
billing cycle (the “Cash Advance and Balance Transfers Daily 
Balance”),  and  (ii) divide  the  total  of  the  Cash  Advance  and 
Balance Transfers Daily Balances in the Billing Cycle by the 
number of days in the Billing Cycle.  

(b)  Finance  Charge  Calculation  Method  for  Credit  Purchases 
(average daily balance including current Transactions). If you 
pay  the  New  Balance  shown  on  a  Periodic  Statement  in  full 
by the Due Date, you will avoid incurring finance charges on 
the  Credit  Purchases  reflected  on  your  Periodic  Statement, 
and  on  any  new  Credit  Purchases  that  appear  on  your  next 
Periodic  Statement.  Your  Due  Date  is  at  least  25  days  after 
the close of each Billing Cycle.  We will not charge you any 
interest on Credit Purchases if you pay your entire balance by 
the  Due  Date  each  month.    The  finance  charges  for  Credit 
Purchases  in  a  Billing  Cycle  are  computed  by  applying  the 
monthly  Periodic  Rate  to  your  “Purchases  Average  Daily 
Balance.”    To  calculate  your  Purchases  Average  Daily 
Balance,  we  (i) take  the  beginning  Balance  of  your  Credit 
Purchases  on  each  day  in  the  Billing  Cycle  (including  the 
Closing  Date)  (which  shall  not  include  any  related  Fees  or 
unpaid  finance  charges),  add  new  Credit  Purchases,  and 
subtract  payments  received  during  the  billing  cycle  that 
exceed  the  total  payments  that  will  be  applied,  pursuant  to 
section 14(c), to Cash Advances and Balance Transfers during 
the billing cycle plus new Cash Advances, Balance Transfers, 
and  Credit  Refunds  (the  “Purchases  Daily  Balance”),  and 
(ii) divide  the  total  of  the  Purchases  Daily  Balances  in  the 
Billing Cycle by the number of days in the Billing Cycle. 

(c)  Accrual of Finance Charges. If (i) you obtain a Cash Advance 
or  make  a  Balance  Transfer,  or  (ii) the  payments  and  Credit 
Refunds  posted  to  your  Account  during  the  25  day  period 
after  the  Closing  Date  of  your  prior  Periodic  Statement  are 
less  than  the  New  Balance,  then  the  next  Periodic  Statement 
will  include  finance  charges.  Finance  charges,  at  the  annual 
percentage rate (“APR”) calculated in the manner set forth in 
sections 8 through 10, begin to accrue on the date specified in 
section 7(a) for Cash Advances and Balance Transfers, and on 
the  posting  date  for  Credit  Purchases.  Finance  charges  will 
continue  to  accrue  on  the  amount  of  your  Payment  until  the 
date  we  post  a  payment  to  your  Account  (subject  to  your 
ability  to  avoid  certain  finance  charges  by  paying  the  New 
Balance in full as described in section 7(b)). 

7.  Finance  Charges.  We  will  impose  finance  charges  on  your 
Account by applying the Periodic Rate (as defined in section 8) to 

8.  Periodic  Rate.  The  “Periodic  Rate”  is  the  APR  divided  by  12. 
Subject  to  Section  20(b).  Your  APR  will  be  the  Index  Rate  (as 

Page | 3 

 
9. 

defined in section 9) plus a Margin (as defined in section 10) and 
your periodic rate will be such APR divided by 12. The APR  may 
change (increase or decrease) on the first day of your Billing Cycle 
that follows each Index Rate Adjustment (as defined in section 9) 
based  on  movements  in  the  Index  Rate.    An  increase  in  the  APR 
means that you will be required to pay a higher percentage interest 
rate on your Average Daily Balance.  In addition, an increase in the 
APR may increase your Minimum Payment.  

Index Rate. The “Index Rate” is the highest Prime Rate published 
in the “Money Rates” column of The Wall Street Journal (“WSJ”) 
(the “Prime Rate”) in the month preceding the billing cycle. (such 
date  is  an  “Index  Rate  Adjustment  Date”).  The  new  Index  Rate 
will  take  effect  on  the  first  day  of  your  next  Billing  Cycle  that 
follows an Index Rate Adjustment Date. If the APR increases, your 
Minimum  Payment  amount  may  increase  and  if  you  only  pay  the 
Minimum Payment, it will take you longer to pay what you owe in 
full.  We use the Prime Rate solely as a pricing index and do not 
represent it to be the lowest or best interest rate available to any of 
our borrowers at any given time.  If WSJ ceases to publish a Prime 
Rate,  we  may  substitute  another  rate  published  in  another 
publication or another index which we do not control as the Index 
Rate. 

10.  Margin. We will add a “Margin” to the Index Rate to calculate the 
APR.  The  Margin  for  each  Transaction  type  is  shown  on  the 
Consumer  MasterCard  Credit  Card  Disclosure  attached  to  this 
Agreement and incorporated by reference (the “Disclosure”). 

11.  Fees.  We  may  assess  the  following  fees  in  connection  with  your 
Account,  in  the  amounts  set  forth  on  the  Disclosure  (collectively, 
“Fees”):   

(a)  Annual Fee:  An Annual Fee for accessing your Account may 
be imposed if an Annual Fee is included on the Disclosure.  If 
so,  it  will  be  imposed  no  more  often  than  one  time  each 
calendar year.   

(b)  Balance Transfer Fee:  A Balance Transfer may be imposed if 
a  Balance  Transfer  Fee  is  included  on  the  Disclosure.    A 
Balance  Transfer  Fee  will  be  imposed  at  the  time  of  each 
Balance Transfer. 

(c)  Cash Advance Fee:  A Cash Advance Fee will be charged at 

the time you obtain a Cash Advance.   

(d)  Foreign Transaction Fee:  A Foreign Transaction Fee will be 
imposed  if  a  Foreign  Transaction  Fee  is  included  on  the 
Disclosure  for  each  Transaction  made  in  a  foreign  currency 
and  any  transaction  made  in  U.S.  dollars  that  is  processed 
outside of the United States is calculated in U.S. dollars. 

(e)  Late  Payment  Fee:    The  Late  Payment  Fee  based  on  your 
balance as of the day the Late Payment Fee is assessed will be 
imposed  if  you  do  not  make  a  payment  before  the  10th  day 
after your Due Date.     

(f)  Over-the-Credit  Limit  Fee:    If  any  Transaction  on  your 
Account  exceeds  your  Credit  Limit  and  you have  “opted  in” 
to Over-the-Credit Limit Transactions by the method set forth 
in section 6(c), we may charge an Over-the-Credit Limit Fee 
if the fee is included on the Disclosure. 

(g)  Returned Payment Fee:  If any payment you send us on your 
account is returned unpaid, for any reason, we may charge a 
Return Payment Fee. 

(h)  Copying  Charges:    If  you  request  a  copy  of  a  Transaction 
receipt, Convenience Check or Periodic Statement, unless it is 
in connection with a billing error resolution process, we may 
impose a fee for each copy. 

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outside the United States will be debited from your account in U.S. 
dollars.    The  exchange  rate  between  the  transaction  currency  and 
the  billing  currency  used  for  processing  international  transactions 
is a rate selected by MasterCard from a range of rates available in 
wholesale  currency  markets  for  the  applicable  central  processing 
date, which rate may vary from the rate MasterCard itself receives 
or  the  government-mandated  rate  in  effect  for  the  applicable 
central processing date.  The exchange rate used on the processing 
date  may  differ  from  the  rate  that  would  have  been  used  on  the 
purchase  date  or  cardholder  statement  posting  date.    A  fee  of 
3.00% of the amount of the transaction, calculated in U.S. dollars, 
will  be  imposed  on  any  and  all  Transactions,  including  Credit 
Purchases,  Cash  Advances  and  credits  to  your  account,  that  are 
made  in  a  foreign  currency  or  that  you  complete  or  a  merchant 
completes  on  your  card  outside  of  the  United  States,  with  the 
exception  of  U.S.  military  bases,  U.S.  territories,  U.S.  embassies, 
or U.S. consulates. 

13.  Credit Limit. You agree not to use your Card, Account Number, 
or  Convenience  Checks  to  attempt  to  obtain  credit  in  excess  of 
your Credit Limit. If we change your Credit Limit, we will notify 
you  in  accordance  with  applicable  law  and,  if  permitted  to  do  so, 
we  may  notify  you  of  Credit  Limit  changes  on  your  Periodic 
Statement.  Unless  you  have  “opted  in”  to  Over-the-Credit  Limit 
Transactions  by  the  method  set  forth  in  section  6(c),  we  will  not 
authorize  Transactions  that  will  create  an  Over-the-Credit  Limit 
Amount,  except  in  our  sole  discretion.  If  you  do  engage  in  an 
Over-the-Credit Limit Transaction, you agree to pay us the Over-
the-Credit  Limit  Amount,  plus  applicable  finance  charges 
immediately upon receipt of notice from us, and if you have “opted 
in”  to  Over-the-Credit  Limit  Transactions,  you  also  agree  to  pay 
the  Over-the-Credit  Limit  Fee.  You  will  only  pay  one  Over-the-
Credit Limit Fee per Billing Cycle, even if you go over your Credit 
Limit multiple times in the same Billing Cycle.  Even if you have 
“opted  in”  to  Over-the-Credit  Limit  Transactions,  we  are  not 
required  to  authorize  Transactions  that  will  create  an  Over-the-
Credit  Limit  Amount.  If  we  do  extend  credit  in  excess  of  your 
Credit  Limit,  we  are  not  obligated  to  do  so  in  the  future.  We  can 
increase or decrease your Credit Limit at any time.   

14.  Payments.  

(a)  Payment  Obligations.  All  payments  made  on  your  Account 
must  be  made  in  U.S.  Dollars  and  according  to  one  of  the 
methods  set  forth  in  this  section  14(a)(i)-(iv).  Any  check  or 
money order used to make a payment on your Account must 
be drawn on a financial institution located in the United States 
or  its  territories.  You  may  not  use  proceeds  of  other  loans 
with us or Cash Advances (including Convenience Checks) to 
make payments to your Account.  You may make payments to 
your Account by any of the following methods: 

i)  You  may  automatically  make  recurring  payments  via 
Automated  Clearing  House 
(“ACH”)  direct  debit 
transactions  by  authorizing  us  to  automatically  debit 
your  deposit  account  by  executing  and  delivering  to  us 
the  written  Direct  Debit  Authorization  included  with 
your Account application or which you may obtain from 
us by contacting us at the number in section 16.   

ii)  Payments  may  be  made  by  delivering  your  payments  to 
our  office  location(s)  during  regular  business  hours  if 
accompanied by your Account Number or payment stub. 

iii)  Payments may be made by telephone if accompanied by 
your  Account  Number  and  you  call  the  following 
number: 

12.  Currency  Conversion  and 

International  Transactions. 
Purchases and Cash Advances made in a foreign currency or made 

  (866) 820-3847   

Page | 4 

 
 
 
 
iv)  Payments  may  be  made  by  mail  if  all  of  the  following 

requirements are met: 

(1)  Accompanied by your Account Number or payment 

stub;  

(2)  Paid by check or money order (do not send cash by 

mail); and 

(3)  Sent to the following address: 

Customer Service 
P.O. Box 37603 
Philadelphia, PA 19101-0603 

v)  Payments  may  be  made  electronically  via  ACH  or 
if  accompanied  by  your 

another  payment  method 
Account Number, your name and the payment amount. 

We  may  accept  payments  that  are  late,  are  partial  payments, 
are  made  with  other  negotiable  instruments,  or  are  marked 
with  restrictive  endorsements  such  as  “payment  in  full” 
without losing any of our rights under this Agreement.  If we 
accept  a  payment  that  does  not  conform  to  the  requirements 
set forth in this section 14(a), finance charges may accrue for 
the period between the day we receive your payment and the 
day  we  credit  the  payment  to  your  Account.    If  we  accept  a 
payment for an amount in excess of your New Balance, your 
Credit  Limit  will  not  be  increased  by  the  amount  of  such 
overpayment,  nor  shall  we  be 
to  authorize 
Transactions for an amount in excess of your Credit Limit. 

required 

(b)  Crediting  of  Payments.    Unless  otherwise  specified  in  this 
section  14(b)  and  except  as  limited  by  applicable  law, 
payments that conform to the requirements set forth in section 
14(a)(i)-(v) above will be credited to your Account as of the 
date we receive them if we receive them by 5:00 p.m. eastern 
time  and,  if  the  payment  is  received  by  us  after  5:00  p.m. 
eastern time, on the next business day, except when a delay in 
crediting  your  Account  does  not  result  in  a  finance  or  other 
charge. If the Due Date falls on a weekend or holiday, we will 
treat  any  payment  received  by  us  at  the  post  office  box 
address  shown  on  your  Periodic  Statement  by  5:00  p.m. 
eastern time on the next business day as being received by us 
on  the  Due  Date.  Payments  mailed  in  accordance  with  the 
billing  instructions  included  on  your  Periodic  Statement  will 
be  credited  as  set  forth  in  this  section  14(b),  but  may  not  be 
posted to your Account for up to five (5) days after we receive 
them.    Any  finance  or  other  charges  imposed  because  of  the 
delay between the date we receive your payment and the date 
your  payment  is  posted  will  be  credited  to  you  on  the  next 
Billing Cycle. If we accept a payment that does not conform 
to  the  requirements  set  forth  in  section  14(a)(i)-(iv)  above, 
such  nonconforming  payment  shall  be  credited  to  your 
Account within five (5) days of the date we receive it.  If we 
do not receive or accept payments on the Due Date (because, 
for example, the U.S. postal service does not deliver mail on 
that  date  and  you  are  making  a  payment  by  mail),  then  we 
will deem payments that we receive on the next business day 
as timely.  We will not impose a separate fee for you to make 
payments  unless  the  applicable  payment  method  involves  an 
expedited  (i.e.  same  day  or  next  day)  service  by  our 
representative. 

(c)  Payment  Application.  We  will  apply  Minimum  Payments  in 
the  following  order:  finance  charges  on  Cash  Advances, 
finance  charges  on  Balance  Transfers,  finance  charges  on 
Credit  Purchases,  Fees,  previous  cycle  Cash  Advances, 
previous  cycle  Balance  Transfers,  previous  cycle  Credit 
Purchases,  current  cycle  Cash  Advances,  current  cycle 
Balance Transfers, and current cycle Credit Purchases. To the 

M-­‐104642	  

extent  required  by  applicable  law,  each  time  you  make  an 
Excess Payment, we will apply the Excess Payment amount to 
that component of your Balance on which the highest APR is 
assessed  until  it  is  paid  in  full.  Thereafter,  we  will  apply 
Excess  Payments  to  the  remainder  of  your  Balance  in 
successive  order  of  declining  interest  rate  until  it  is  paid  in 
full.  Return  credits  are  applied  first  to  previous,  then  to 
current, cycle Credit Purchases with any remainder applied as 
a payment. We may accept payments that do not conform to 
the  requirements  as  set  out  in  your  Periodic  Statement,  and 
shall post such payments within five (5) days after we receive 
them. Payments and return credits posted after the Due Date, 
or  that  total  less  than  the  New  Balance,  will  reduce  the 
Balance  (and  the  Average  Daily  Balance)  as  of  the  date 
posted, but will not avoid a finance charge.  

15.  Others Using Your Account. If you allow a Person (including but 
not  limited  to  an  Authorized  User)  to  use  your  Card,  Account 
Number,  or  Convenience  Checks,  you  understand  and  agree  that 
you  are  obligated  to  pay  for  all  Transactions  initiated  by  such 
Person  as  well  as  all  Fees  associated  with  those  Transactions, 
whether  or  not  you  notify  us  that  they  are  authorized  to  use  your 
Card,  Account  Number,  or  Convenience  Checks.  You  may 
terminate  a  Person’s  right  to  use  your  Card,  Account  Number,  or 
Convenience Checks by taking the following actions: 

(a)  Recover possession of the Card and any Convenience Checks 

in such Person’s possession; and 

(b)  Notify  us  in  writing  that  such  Person’s  authority  to  use  the 
Card,  Account  Number,  and  Convenience  Checks 
is 
terminated, at which time such Person will be a “Terminated 
User”. 

16.  Unauthorized Use.  

(a)  If your Card is lost or stolen, or if you think that someone is 
using  your  Card,  Account  Number,  or  Convenience  Checks 
without  your  permission,  notify  us  immediately,  orally  or  in 
writing at: 

Customer Service 
P.O. Box 31112 
Tampa, FL 33631-3112 
(800) 449-7728    

(b)  You  may  be  liable  for  the  unauthorized  use  of  your  Card, 
Account Number, or Convenience Checks that occurs prior to 
you  notifying  us  of  such  use.  Your  liability  shall  not  exceed 
$50.00  or  the  amount  of  money,  property,  labor  or  services 
obtained  by  the  unauthorized  use  before  you  notify  us, 
whichever is less.  You will not be liable for unauthorized use 
that  occurs  after  you  notify  us,  either  by  telephone  or  in 
writing, of the loss, theft, or possible unauthorized use of your 
Card, Account Number, or Convenience Checks and we have 
had  a  reasonable  opportunity  to  act  on  such  notice.  In  no 
event shall we be obligated to reissue a lost or stolen Card.  

(c)  You  agree  that  we  and  our  agents  or  service  providers  may 
monitor and/or record all telephone communications between 
you and us. 

17.  MasterCard  Zero  Liability.  Subject  to  certain  limitations  set 
forth  in  this  section,  MasterCard  offers  you  protection  for 
(the 
Fraudulent  Transactions 
“MasterCard  Zero  Liability  Policy”).  Your  rights  under  the 
MasterCard Zero Liability Policy are in addition to any rights you 
have under applicable law, as stated in the billing rights statement 
set forth at the end of this Agreement.  

initiated  on  your  Account 

Page | 5 

 
 
 
 
 
  
(a)  Limitations  of  MasterCard  Zero  Liability  Policy.  The 
MasterCard  Zero  Liability  Policy  offers  protection  for 
Fraudulent  Transactions,  but  does  not  offer  protection  for 
Unprotected  Transactions.  “Fraudulent  Transactions”  means 
Transactions initiated by a Person who obtains your Account 
Number  or  Card  without  your  knowledge  or  consent. 
“Unprotected  Transactions”  means  Transactions  (i) initiated 
at ATMs, (ii) PIN Transactions not processed by MasterCard, 
and  (iii) Transactions  by  Authorized  Users  that  exceed  the 
authority you give them. 

(b)  Notification.  You  must  give  us  notice  (a  “Zero  Liability 
Notice”)  if  Fraudulent  Transactions  appear  on  a  Periodic 
Statement (a “Fraudulent Activity Statement”) promptly after 
the  Fraudulent  Activity  Statement  is  first  made  available  to 
you. A Zero Liability Notice is promptly given if you provide 
it  within  a  reasonable  time  after  a  Fraudulent  Activity 
Statement is made available to you. You and we agree that a 
Zero  Liability  Notice  given  to  us  more  than  60  days  after  a 
Fraudulent  Activity  Statement  is  made  available  to  you  is 
presumed not to be given within a reasonable time. 

(c)  Timing  of  Provisional  Credit.  We  will  give  you  provisional 
credit  for  any  Fraudulent  Transactions  with  respect  to  which 
you  have  given  us  a  prompt  Zero  Liability  Notice.  We  will 
generally  make  provisional  credit  available  to  you  within  5 
business  days  (or  such  earlier  time  as  may  be  required  by 
applicable  law)  after  you  give  us  a  prompt  Zero  Liability 
Notice.  

(d)  Our  Provisional  Credit  Actions.  We  may  withhold,  delay, 
limit,  or  rescind  provisional  credit  if  we  conclude,  after 
verification and investigation of your claim, account standing, 
and  history,  that  (i) Fraudulent  Transactions  occurred  on 
account of your gross negligence or fraud, and/or (ii) you did 
not  promptly  report  unauthorized  use  of  your  Card, 
Convenience  Checks,  or  Account  Number  as  required  in 
section 16. 

18.  Termination.  Either  you  or  we  may  terminate  or  suspend  your 
credit  privileges  under  this  Agreement  at  any  time,  to  the  extent 
permitted  by  applicable  law.  To  terminate  your  Account,  or  any 
Terminated User’s Card or Convenience Checks, you must notify 
us  in  writing.  We  will  terminate  your  Account  upon  your  death.  
Upon  termination  or  suspension,  you  (or  your  estate)  are  still 
obligated  to  pay  your  Balance.  If  you  or  any  Terminated  User 
continue to use a Card, Account Number, or Convenience Checks 
after you receive notice of termination or suspension from us and 
we  pay  a  fee  to  a  Person  to  recover  such  Card  or  Convenience 
Checks, the amount of that fee may be charged to your Account as 
a Credit Purchase, even after your Account has been closed. 

19.  Other  Loans  You  Have  With  Us;  Right  of  Offset.  If  you  have 
other loans or credit extensions from us, or take out other loans or 
credit  extensions  from  us  in  the  future,  collateral  securing  those 
loans  or  credit  extensions  may  also  secure  your  obligations  under 
this Agreement. If you have executed a written agreement granting 
a  security  interest  in  any  deposit  accounts  (checking,  savings,  or 
money market accounts) or other funds held by us to secure your 
obligations under this Agreement, or any other agreement with us, 
such  accounts  and/or  funds  are  additional  collateral  for  your 
obligations to us arising from use of your Card or Account.  

20.  Default.  

(a)  You will be in (“Default”) on this Agreement if: 

i) 

you  do  not  pay  at  least  the  Minimum  Payment  on  or 
before the Due Date;  

ii)  you  become  subject 

to  bankruptcy  or 

insolvency 

proceedings;  

M-­‐104642	  

iii)  you  or  your  property  are  subject  to  attachment  or 

garnishment proceedings;  

iv)  you are in default on any other loans or credit extensions 

from us; 

v)  you  provide  us  with  any  false  information  or  signature; 

or  

vi)  you fail to comply with any provision of this Agreement.  

(b)  If you are (i) in Default under Section 20(a)(i) for more than 
60  days,  or  (ii)  in  Default  under  any  other  provision  of 
Section  20(a),  upon  notice  and  otherwise  in  accordance  with 
applicable  law,  we  may  increase  your  APRs  (including  any 
introductory APR) for all Transactions up to the Penalty APR 
and the Penalty APR may be applied to your Account.  If the 
Penalty  Rate  is  applied  to  your  Account  due  to  a  Default 
under  Section  20(a)(i),  your  APRs  may  be  reduced  from  the 
Penalty  APR  after  six  consecutive  months  of  making 
payments on time beginning with the first payment following 
the  effective  date  of  the  increase.    If  the  Penalty  APR  is 
applied  to  your  Account  due  to  a  Default  under  any  other 
provision  of  Section  20(a),  the  Penalty  APR  could  apply  to 
your  Account  indefinitely.  The  “Penalty  APR”  will  be 
calculated  by  adding  a  18.90%  Margin  to  the  Index  Rate,  as 
set  forth  on  the  Disclosure.  If  you  are  in  Default,  you 
authorize  us  to  apply  the  funds  in  any  deposit  account  in 
which we have a security interest to pay your Balance. If your 
Account  is  referred  for  collection  to  an  attorney  who  is  not 
one  of  our  salaried  employees,  you  agree  to  pay  reasonable 
attorneys' fees as determined by the court, plus assessed court 
costs.  Our  failure  to  exercise  any  of  our  rights  under  this 
Agreement,  including  acceptance  of  a  payment  or  late 
payment fee after a Due Date or after you have exceeded your 
Credit Limit, does not mean that we have waived our rights, 
nor  will  such  failure  prevent  us  from  exercising  our  rights 
later.  Upon  termination,  you  must  return  all  Card(s)  (cut  in 
half) and all Convenience Checks (marked “Void”) to us. 

21.  Change of Terms. To the extent permitted by applicable law, we 
may change the terms of this Agreement at any time including, but 
not  limited  to,  the  APR,  the  formulas  we  use  in  computing  the 
finance  charge,  the  method  of  computing  the  Minimum  Payment, 
the types and amounts of Fees, and the method we use to calculate 
the  Average  Daily  Balance  on  which  the  finance  charge  is 
assessed. If we change this Agreement, we will give you notice as 
required by applicable law. If applicable law does not provide you 
with a right to reject the change or changes, such change in terms 
will  become  effective  upon  the  later  of  45  days  from  the  date  of 
mailing or the date specified in the letter providing you with notice 
of the change in terms.  If applicable law provides you the right to 
reject  and  you  do  not  wish  to  accept  the  change  or  changes,  you 
may  reject  the  change  or  changes  by  notifying  us  of  the  rejection 
prior to the effective date of the change or changes at the toll-free 
telephone number provided in the notice.  If you reject the change 
or  changes,  your  ability  to  use  the  Account  for  further  advances 
will be terminated. The following do not constitute a change of the 
terms of this Agreement: (a) an increase or decrease to the APR as 
a  result  of  an  increase  or  decrease  to  the  Index  Rate,  and  (ii)  a 
change  to  the  address  or  telephone  numbers  provided  in  sections 
14 or 16. 

22.  Law that Applies. This Agreement, your Card, your Account and 
all Transactions hereunder are governed by New York and federal 
law.  If  any  provision  of  this  Agreement  is  held  invalid,  all  valid 
provisions remain in effect.  

23.  WAIVER  OF  JURY  TRIAL;  LIMITATION  OF  DAMAGES. 
BY  ACTIVATING  OR  USING  YOUR  CARD,  YOU  AGREE 
AND  UNDERSTAND  THAT  YOU  ARE  GIVING  UP  THE 

Page | 6 

 
RIGHT  TO  TRIAL  BY  JURY  AND  LIMITING  YOUR 
AVAILABLE  DAMAGES  TO  THE  EXTENT  PERMITTED 
BY APPLICABLE LAW. To the fullest extent permitted by law, 
you  irrevocably  and  voluntarily  waive  any  right  to  trial  by  jury 
(which  we  also  waive)  in  any  action,  suit,  proceeding  or 
counterclaim of any kind arising out of or otherwise relating to this 
Agreement,  any  Transaction,  your  Account,  your  Card  or  any  of 
our actions or inactions in respect of any of the foregoing.  To the 
fullest extent permitted by law, you also waive any right you may 
have  at  any  time  to  claim  or  recover  in  any  litigation  or  other 
dispute  involving  us,  whether  the  underlying  claim  or  dispute 
sounds  in  contract,  tort  or  otherwise,  any  special,  exemplary, 
punitive  or  consequential  damages  or  any  damages  other  than,  or 
in  addition  to,  actual  damages.    You  acknowledge  that  we  are 
relying upon and would not enter into this Agreement on the terms 
and  conditions  set  forth  herein  but  for  your  waivers  and 
agreements under this section 23.  This section 23 will survive: (i) 
termination  or  changes  in  this  Agreement  or  the  relationship 
between  you  and  us  concerning  your  Card  or  Account;  (ii)  the 
bankruptcy of any party; and (iii) any transfer, sale or assignment 
of your Card and Account, or any amounts you owe to us, to any 
other Person. 

24.  Forum.   By activating or using your Card, you: 

(a)  consent  to  the  jurisdiction  of  any  state  or  federal  court 
located  within  Harrison  County,  Missouri  (collectively, 
the “Chosen Forum”);  

(b)  waive  any  objection  to  jurisdiction  and  venue  of  any 

action instituted against you as provided herein;   

(c)  agree  not  to  assert  any  defense  based  on  lack  of 

jurisdiction or venue; and  

(d)  agree not to assert against us, or our agents or affiliates, 
if  applicable, 
(except  by  way  of  a  defense  or 
counterclaim  in  a  proceeding  initiated  by  us)  any  claim 
or other assertion of liability relating to this Agreement, 
any Transactions, your Account, your Card or any of our 
actions or inactions in respect of any of the foregoing in 
any jurisdiction other than the Chosen Forum.   

Nothing in this Agreement shall affect our right to bring any action 
or  proceeding  relating  to  this  Agreement,  any  Transactions,  your 
Account  or  your  Card  against  you  or  your  properties  in  courts  of 
other jurisdictions. 

25.  Notices. Notices we give to you in writing shall be deemed to have 
been given on the day they are deposited in the United States mail, 
properly  addressed,  with  postage  prepaid,  to  the  address  we  have 
for you in our records. Notices that you send us must be in writing 
to  the  address  in  section  16  unless  otherwise  specified  by  us  and 
will be effective when we actually receive them.  

26.  Updating  and  Disclosing  Financial  Information.  You  agree  to 
update  the  information  contained  in  your  application  for  an 
Account and any supplemental financial information you provided 
by  writing  to  us  at  the  address  set  forth  in  section  16.  You  agree 
that we may, from time to time, make inquiries pertaining to your 
credit  standing  and  financial  responsibility  in  accordance  with 
applicable  law.  You  also  authorize  us  to  obtain  a  credit  report  on 
you at any time in the future in connection with our review of your 
Account. 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.  

27.  State-Specific Disclosures.   

California  Residents:  You:  1)  may  after  credit  approval,  use  the 
credit  card  account  up  to  its  credit  limit;  2)  may  be  liable  for 
amounts  extended  under  the  plan  to  any  joint  application.  As 

M-­‐104642	  

required  by  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. 

Ohio Residents: Ohio anti-discrimination laws require creditors to 
make  credit  equally  available  to  all  creditworthy  customers  and 
that credit reporting agencies maintain separate credit histories on 
individuals  upon  request.  The  Ohio  Civil  Rights  Commission 
administers these laws. 

New  York  and  Vermont  Residents:  We  may  obtain  at  any  time 
your  credit  reports  for  any  legitimate  purpose  associated  with  the 
account or the application or request for an account, including but 
not  limited  to  reviewing,  modifying,  renewing  and  collecting  on 
your  account.  On  your  request  you  will  be  informed  if  such  a 
report was ordered. If so, you will be given the name and address 
of the consumer reporting agency furnishing the report. New York 
residents may contact the New York State Banking Department (1-
800-518-8866) for a comparative list of credit card rates, fees, and 
grace periods. 

Married  Wisconsin  Applicants:  No  provision  of  any  marital 
property agreement, unilateral statement, or court order applying to 
martial  property  will  adversely  affect  a  creditor’s  interests  unless 
prior  to  the  time  credit  granted,  the  creditor  is  furnished  with  a 
copy  of  the  agreement,  statement  or  court  order,  or  has  actual 
knowledge of the provision.  All obligations on this account will be 
incurred  in  the  interest  of  your  marriage  or  family.    You 
understand that we may be required to give notice of this account 
to your spouse.  Married Wisconsin residents must furnish their 
name  and  social  security  number  as  well  as  the  name  and 
address of their spouse to the following address: 

Bethpage Federal Credit Union 
899 S Oyster Bay Road 
Bethpage, NY 11714 

28.  Disclaimer of Liability. You may be offered certain benefits and 
services as a member of our MasterCard Consumer Card Program 
and holder of a Card. We reserve the right to adjust, add or delete 
benefits and services at any time. We offer the Card, the Account, 
and  related  services  and  benefits  in  our  interest  and  disclaim  any 
duty  or  responsibility  other  than  as  expressly  set  forth  in  this 
Agreement.  

29.  Assignment.  Cards  and  Convenience  Checks  issued  under  this 
Agreement  are  our  property,  and  you  must  surrender  them  to  us 
upon demand. We may cancel or repossess Cards and Convenience 
Checks, and revoke your privilege to use them, at any time without 
prior notice. We have the right to assign and transfer your Account 
and  any  of  our  rights  under  this  Agreement  without  your  consent 
or notice to you. The Person to whom the Account and Agreement 
is  assigned  shall  be  entitled  to  all  of  our  rights  under  this 
Agreement. You cannot transfer or assign your Account or Card to 
anyone. 

30.  Captions  for  Reference  Only.  Captions  are  intended  solely  as 
aids  to  convenient  reference,  and  no  inference  as  to  intent  with 
respect to this Agreement may be drawn from them. 

31.  Addendum  or  Disclosure.  All  addenda  and  disclosures  given  to 
you in connection with your Card and Account are incorporated by 
reference into this Agreement. 

32.  Credit  Card  Tips  from  the  Consumer  Finance  Protection 
Bureau.    To  learn  more  about  factors  to  consider  when  applying 
for  or  using  a  credit  card,  visit  the  website  of  the  Consumer 
Finance 
at 
http://www.consumerfinance.gov/learnmore. 

Protection 

Bureau 

YOUR BILLING RIGHTS 

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KEEP THIS NOTICE FOR FUTURE USE. 

This notice contains important information 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: 

Customer Service 
P.O. Box 31112 
Tampa, FL 33631-3112 

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  us  the  amount  in 
question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 

M-­‐104642	  

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 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 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  $50.00.    (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.) 

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.  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. 

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: 

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:  

•  We  cannot  try  to  collect  the  amount  in  question,  or 

report you as delinquent on that amount. 

•  The charge in question may remain on your statement, 
and  we  may  continue  to  charge  you  interest  on  that 
amount. 

•  While  you  do  not  have  to  pay  the  amount  in  question, 
you are responsible for the remainder of your balance. 

•  We  can  apply  any  unpaid  amount  against  your  credit 

limit. 

Customer Service 
P.O. Box 31112 
Tampa, FL 33631-3112 

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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