The  person(s)  ("Cardholder,"  whether  one  or  more)  who  signed  and 
returned  the  Application  for  a  Visa  ("Application")  has  requested  First 
Command Bank ("Bank") to extend to Cardholder open-end credit. The 
term  "Cardholder"  means  each  person  who  signed  and  returned  the 
Application and any other person who has agreed to be responsible for 
the  Account  (defined  below).  As  used  in  this  Agreement,  the  term 
“person” means an individual or an entity, as applicable. By Cardholder's 
use of the credit card ("Card"), furnished by Bank in reliance in part upon 
the  information  supplied  by  Cardholder  in  the  Application,  Cardholder 
agrees with Bank as follows:  

1. Using the Account. Cardholder has accepted the revolving tri-party 
account ("Account") made available to Cardholder by Bank. Cardholder 
may  use  the  Card  to  purchase  or  lease  goods  or  services,  or  pay 
amounts  that  Cardholder  owes,  wherever  the  Card  is honored ("Credit 
Purchases").  Cardholder  may  also  use  the  Card  to  obtain  cash  loans 
("Cash  Advances")  from  any  financial  institution  that  accepts the Card. 
Cardholder agrees that the Account will not be used to access gambling 
web sites or to purchase illegal goods or services. Bank may refuse to 
process any transaction that Bank believes may violate this Agreement. 
If  Cardholder  provides  the  Account  number  to  make  a  purchase  or 
obtain an advance without presenting the Card (such as for a mail order 
or  telephone  purchase),  or  if  Cardholder  authorizes  someone  else  to 
make a charge to the Account, Cardholder's obligation to pay will be the 
same  as  if  the  Card itself  was  used. Cash Advances also may  be  ob-
tained through use of the Card (a) upon execution of a written request of 
Cardholder  in  a  form  furnished  by  any  financial  institution  that  is  a 
member,  alone  or  in  association  with  others,  of  Visa,  Inc.  or  (b)  upon 
Cardholder's execution of a written separate agreement with Bank for a 
Visa  overdraft  financial  agreement,  if  offered  by  Bank.  All  Credit  Pur-
chases  and  Cash  Advances  are  effected  at  the  option  of  the  retail 
merchant  ("Seller")  and/or  cash  advancing  financial  institution  respec-
tively,  and  Bank  shall  not  be  responsible  for  refusal  by  any  Seller  or 
cash  advancing  financial  institution  to  honor  the  Card  or  any  "Related 
Card," as defined in paragraph 2 below.  

2. Obligations on the Account. Cardholder (jointly or severally if more 
than one) promises to pay Bank at the address specified on the periodic 
statement  (see  paragraph  5  below)  for  all  Credit  Purchases  and  Cash 
Advances,  together  with  any  Finance  Charge  as  herein  provided,  plus 
any other charges permitted by this Agreement, all such payments must 
be in lawful money of the United States of America. Cardholder will pay 
in their equivalent in U.S. dollars all charges in a foreign currency, which 
equivalence  will  be  determined  by  reference  to  the  amount  in  U.S. 
dollars. Bank shall have paid in good faith to the person presenting the 
item  to  Bank.  Cardholder  shall  be  liable  and  agrees  to  pay  Bank  for 
Credit  Purchases  made  by,  or  for  Cash  Advances  extended  to,  Card-
holder or anyone else using the Card unless the use of such Card is by a 
person other than the Cardholder (a) who does not have actual, implied, 
or apparent authority for such use and (b) from which Cardholder rece-
ives  no  benefit.  Additionally,  Cardholder  shall  be  jointly  and  severally 
liable, and agrees to pay, for all Credit Purchases and Cash Advances 
obtained  through  the  use  of  any  other  Card  bearing  Cardholder's  Ac-
count number that has been issued to another person by reason of such 
person being a member of Cardholder's family, or otherwise issued upon 
Cardholder's request (all such Cards bearing the same Account number 
hereinafter collectively called "Related Cards"). Subject to any mandato-
ry provisions of applicable law, all payments made by Cardholder will be 
applied to the balances on Cardholder's Account in the manner set forth 
later in this Agreement.  

3.  Credit  Limit.  Bank  will  inform  Cardholder  from  time  to  time  of  the 
maximum amount of debt ("Credit Limit") that may be outstanding in the 
Account  at  any  time,  and  Bank,  in  its  sole  discretion  may  adjust  the 
Credit Limit from time to time. Cardholder agrees not to use or permit the 
use of the Card in any manner that would cause the outstanding balance 
in the Account ever to exceed the Credit Limit. If Cardholder attempts a 
transaction which results in Cardholder’s total outstanding balance (plus 
authorizations)  exceeding  Cardholder's  Credit  Limit,  Bank  may:  (a) 
permit  the  transaction  without  raising  Cardholder's  Credit  Limit;  (b) 
permit  the  transaction  and  treat  the  amount  of  the  transaction  that  is 
more than the Credit Limit as immediately due; or (c) refuse to permit the 
transaction. If Bank refuses to permit the transaction, Bank may advise 
the  person  who  attempted  the  transaction  that  it  has  been  refused.  If 
Bank has previously permitted Cardholder to exceed Cardholder's Credit 
Limit,  it  does  not  mean  that  Bank  will  permit  Cardholder  to  exceed 
Cardholder's  Credit  Limit  on  a  subsequent  date.  Bank  may  designate 
that  only  a  portion  of  Cardholder's  Credit  Limit  is  available  for  Cash 
Advances.  If  Cardholder  exceeds  that  limit,  Cardholder  will  be  consi-
dered  to  have  exceeded  the  Credit  Limit  for  all  purposes  under  this 
Agreement. 

4. Notices. Bank will send periodic statements and any other notices to 
Cardholder at the address shown in Bank's files. If this is a joint Account, 
Bank  can  send  periodic  statements  and  notices  to  either  Cardholder. 
Cardholder promises to inform Bank promptly, in writing, of any changes 

Table of Charges 

Interest Rate and Interest Charges 

First Command Bank Visa Cardholder Agreement (Platinum/Classic)
in Cardholder's address. Cardholder authorizes Bank, or anyone acting 
on Bank's behalf,  to call or send a  text message to any number Card-
holder provides or to any number  where Bank may reasonably believe 
Bank  can  contact  cardholder,  including  calls  to  mobile,  cellular,  or 
similar  devices,  and  calls  using  automatic  telephone  dialing  systems 
and/or  pre-recorded  messages,  or  to  send  an  email  to  any  address 
where  Bank  reasonably  believes  Bank  can  contact  Cardholder.  Calls 
and  messages  may  be  made  for  any  lawful purpose,  including but  not 
limited to: suspected fraud or identity theft; obtaining information; Card-
holder's  account  transactions  or  servicing;  collecting  on  Cardholder's 
account;  and  providing  Cardholder  information  about  products  and 
services. 

Annual Percentage 
Rate (APR) 

Default APR and 
When It Applies 

Paying Interest 

5.  Periodic  Statement.  As  of  the  end  of  each  monthly  billing  cycle, 
Cardholder will be furnished a periodic statement showing, among other 
things, (a) the amount owed ("Previous Balance") at the beginning of the 
billing cycle, (b) the amount of all Cash Advances, Credit Purchases and 
Finance  Charge  posted  to  the  Account  during  the  billing  cycle,  (c)  the 
amount  of  all  payments  and  credits  posted  to  the  Account  during  the 
billing cycle, and (d) the total amount due ("New Balance") at the end of 
the billing cycle (which amount is the sum of [a] and [b] less [c]), (e) the 
"Minimum  Payment," and (f) the  "Payment Due Date." If  Cardholder  is 
composed of more than one person, only one periodic statement will be 
provided.  

6. Minimum Payment. Cardholder agrees to pay to Bank, on or prior to 
the Payment Due Date shown on the periodic statement, the sum of (a) 
either (i) the entire New Balance or (ii) at Cardholder's option, an amount 
which  shall  be  at  least  2.50%  of  the  New  Balance  (rounded  up  to  the 
nearest dollar) or $50.00, whichever is greater, and (b) any amount that 
is  past  due  and  any  amount  that  is  over  the  Credit  Limit.  If  the  New 
Balance is less than $50.00, it shall be paid in full. Cardholder may pay 
more  than  the  Minimum  Payment,  and  may  at  any  time  pay  the  full 
amount  owing  to  Bank.  If  Cardholder  pays  more  than  the  Minimum 
Payment, Cardholder must still pay the Minimum Payment as reflected 
on the next periodic statement. The Payment Due Date for a billing cycle 
will  be  not  less  than  twenty-five  (25)  days  after  the  preceding  billing 
cycle ends (the "Closing Date"). 

7. Annual Fee. Bank does not charge an annual fee for the Card.  

8. Late Payment Fee. If Bank does not receive a payment from Card-
holder  in  at  least  the  amount of the Minimum Payment within 30 days 
after the Payment Due Date shown on the periodic statement, Bank may 
charge Cardholder a late payment fee in the amount stated below in the 
Table of Charges. Cardholder will only be charged a late payment fee for 
any Minimum Payment which is not paid within 30 days after the Pay-
ment Due Date. 

9. Cash Advance Fee. Each time Cardholder uses the Card or a Con-
venience  Check  to  obtain  a  Cash  Advance,  Bank  will  assess  a  cash 
advance fee in the amount stated in the Table of Charges. 

10. When Finance Charge Begins. Bank adds a Finance Charge to the 
Account  for  all  Cash  Advances  from  the  later  of  (a)  the  day  the  Cash 
Advance is posted to the Account, or (b) the first day of the billing cycle 
in which the Cash Advance is posted until Cardholder pays the transac-
tion(s) in full. For Credit Purchases, Bank adds a Finance Charge to the 
Account if the Cardholder does not pay the New Balance in full by the 
Payment  Due  Date  shown  on  the  periodic  statement.  If  Bank  adds  a 
Finance  Charge,  Bank  begins  to  charge  the  Finance  Charge  on  all 
amounts Cardholder owes Bank (except "New Purchases") from the first 
day  of  the  billing  cycle;  provided,  however,  any  portion  of  the  New 
Balance subject to a grace period that is paid prior to the expiration of 
the  grace  period  will  not  be  assessed  a  Finance  Charge.  For  New 
Purchases,  Bank  begins  to  charge  the  Finance  Charge  from  the  date 
Bank  posts  the  New  Purchase  to  the  Account  unless  Cardholder  has 
paid the New Balance in full on the previous periodic statement. A New 
Purchase is one that appears on the periodic statement for the first time.  

11.  Calculation  of  Finance  Charge.  Bank  calculates  the  Finance 
Charge on the Account by applying the "Periodic Rate" (defined below) 
to  the  "Average  Daily  Balance"  of  the  Account.  To obtain the Average 
Daily Balance, Bank starts with the beginning balance of the Account on 
each  day,  excluding  unpaid  Finance  Charges.  Bank  adds  any  Cash 
Advances  posted  to  the  Account  that  day,  and  any  New  Purchases, 
unless  Cardholder  paid  the New Balance in full for the previous billing 
cycle  by  the  Payment  Due  Date.  Bank  subtracts  any  credits  and  pay-
ments  (after  any  unpaid  Finance  Charges  are  paid)  posted  to  the  Ac-
count that day. This results in the "Daily Balance." Then, Bank adds up 
all the Daily Balances for the billing cycle and divides that by the  total 
number  of  days  in  the  billing  cycle.  This  results  in  the  Average  Daily 
Balance. The Finance Charge on the Account is calculated by multiply-
ing the Average Daily Balance by the Periodic Rate for Classic which is 
.008542  and  the  Periodic  Rate  for  Platinum  which  is  .005208  (but 
subject to change from time to time).  

Classic- 10.25% 

Platinum- 6.25%; however, this APR will vary 
with the market based on the Prime Rate* 

18% 

This APR may be applied to Cardholder's 
account when the full balance becomes due and 
payable and Cardholder has been notified of the 
APR increase. 

Cardholder's Payment Due Date is at least 25 
days after the close of each billing cycle. Bank 
will not charge any interest on purchases if 
Cardholder pays the entire balance by the 
Payment Due Date each month. Bank will begin 
charging interest on Cash Advances on the 
transaction date. 

Computing Balance 
for Purchases 

Average daily balance (including new purchas-
es) 

Minimum Payment 

The greater of (a) 2.5% of balance or (b) $50.00 

Credit Card Tips 
from the Federal 
Reserve Board 

To learn more about factors to consider when 
using a credit card, visit the website of the 
Federal Reserve Board at 
http://www.federalreserve.gov/creditcard 

Fees 

Annual Fees 

None 

Transaction Fees 

•  Balance Transfer 

None 

•  Cash Advance 

Penalty Fees 

•  Late Payment 

Either $2.00 or 2% of the amount of each Cash 
Advance, whichever is greater, but not more 
than $75.00 per Cash Advance 

The lesser of $15.00, or 5% of each Minimum 
Payment which is not made within 30 days after 
the applicable Payment Due Date 

•  Over Credit limit 

None 

•  Returned Payment 

$20.00 

*Bank adds 3% to the Prime Rate to determine Platinum APR (Periodic 
Rate currently .005208). 

For  Credit  Purchases  and  Cash  Advances  which  occur  on  a  Platinum 
Account,  the  APR  varies  with  changes  to  the  Prime  Rate.  The  “Prime 
Rate” is the highest prime rate published in the Money Rates column of 
the Wall Street Journal 30 days before the Closing Date on Cardholder’s 
periodic statement (the  “Calculation Date”). On  May 1,  2010 the Prime 
Rate was 3.25% therefore the APR was 6.25%. A variable APR will go 
up and down depending on the Prime Rate as of each Calculation Date; 
however, a variable rate APR is subject to change only on the first day of 
each  billing  cycle.  If  the  Prime  Rate  and  the  corresponding  APR  in-
crease,  the  Finance  Charge  also  will  increase  and  Cardholder’s  Mini-
mum  Payment  may  also  increase.  The  Prime  Rate  is  only  a  pricing 
index and is not the lowest interest rate available.  

12.  Other  Payment  Terms.  All  payments  received  on  or  before  (a)  5 
o'clock  p.m.  (Fort  Worth,  Texas  time)  on  Bank's  business  day  at  the 
address  indicated  on  the  periodic  statement,  or  (b)  the  closing time of 
the applicable branch if payment is made in person, will be credited to 
the Account as of the date of receipt of payment. If payment is made at 
any other location, credit for the payment may be delayed up to 5 days. 
Bank can accept late or partial payments, as well as payments that are 
marked with "Paid In Full" or any other similar language without losing or 
waiving  any  of  Bank’s  rights  or  Cardholder's  obligations  under  this 
Agreement. Payment by check constitutes Cardholder's authorization for 
Bank  to  make  a  one-time  electronic  funds  transfer  from  Cardholder's 
bank  to  make  such  payment.  Bank  is  not  responsible  for  any  lost  or 
stolen  cash  payments.  Payments  and  credits  to  the  Account  will  be 
applied in the following order: 

♦  Unpaid Finance Charge; 
♦  Late Fee; 
♦  Cash Advance from previous billing cycle; 
♦  Credit Purchases from previous billing cycle; 
♦  Cash Advances from current billing cycle; and 
♦  Credit Purchases from current billing cycle. 

13.  Convenience  Checks.  Bank  may  issue  "Convenience  Checks"  to 
Cardholder that may be used to access the Account. Use of a Conveni-
ence  Check  will  be  treated  as  a  Cash  Advance  in  the  amount  of  the 
Check.  Each  Convenience  Check  will  contain  Cardholder's  Account 
Number, and may be used only by the person(s) whose name(s) is/are 
printed on it. Each Convenience Check must be completed and signed in 
the  same  way  as a regular personal check. If Bank  provides Conveni-

(Platinum – Variable Only) 626698.5 (04/19/10) 

 
 
 
 
 
 
 
 
ence Checks for the Account, Cardholder may not use them to pay any 
amount Cardholder owes under this Agreement. Cardholder agrees that 
Bank need not return Convenience Checks to Cardholder after their use, 
and that, if Cardholder needs evidence of any payment represented by 
the  Convenience  Check,  a  photocopy  or  similar  reproduction  will  be 
satisfactory for such purposes. If Cardholder wishes to prevent payment 
of a Convenience Check, the instructions which Bank provides when the 
Convenience Checks are issued must be followed. In the event payment 
of  a Convenience Check has been stopped, Cardholder agrees to hold 
Bank harmless and indemnify Bank for any losses, expenses and costs, 
including  attorney's  fees  incurred  by  Bank,  for  preventing  payment  of 
any Convenience Check. Bank will use its best efforts to stop payment, 
but will incur no liability to Cardholder if it is unable to stop payment on a 
Convenience Check.  
14. Termination. Bank may terminate Cardholder's privileges under this 
Agreement  or  limit  Cardholder's  right  to  make  Credit  Purchases  or 
receive  Cash  Advances  at  any  time  (and  list  Cardholder's  Account  in 
warning bulletins in the event of such termination) without any reason or 
without advance notice or resulting liability. If Bank requests, Cardholder 
must  return  the  Card  and  Convenience  Checks  to  Bank.  Cardholder 
agrees that Cardholder will not try to make a Credit Purchase or obtain a 
Cash  Advance  after  Cardholder  has  been  notified  that  Cardholder's 
privilege  to  use  the  Account  has  been  terminated.  Cardholder  may 
terminate  this Agreement at any time. If Cardholder does terminate, all 
Cards and Convenience Checks previously issued on the Account must 
be returned to Bank. If Cardholder telephones Bank with the termination 
request, Bank may require that Cardholder confirm such intent to termi-
nate  in  writing.  Bank's  or Cardholder's  termination will  not  affect  Card-
holder's  existing  obligations  under  this  Agreement  or  Cardholder's 
liability  for all charges posted to Cardholder's Account prior to the time 
all  Cards  and  Convenience  Checks  are  returned  to  Bank.  When  the 
Account  is  closed,  Cardholder  must  contact  everyone  authorized  to 
charge transactions  to  the  Account,  such as internet service providers, 
health clubs or insurance companies. These transactions may continue 
to be charged to the Account until Cardholder changes the billing. Also, if 
the Bank believes Cardholder has authorized a transaction or is attempt-
ing to use Cardholder’s Account after Cardholder has requested to close 
the  Account,  Bank  may  allow  the  transaction  to  be  charged  to  the 
Account.  If  the  Account  is  terminated  by  Cardholder  or  by  Bank  for 
reasons other than  Cardholder's default,  Cardholder will  be  required to 
pay  the  outstanding  balance  on  the  Account  according to the terms of 
this Agreement immediately prior to such termination. 
15.  Default.  If  (a)  Cardholder  defaults  in  any  payment  required  to  be 
made on the Account or otherwise violates any provision of this Agree-
ment, or (b) Cardholder dies or seeks to obtain any relief as a debtor in 
any proceeding under any bankruptcy, insolvency, or debtor relief law, or 
(c)  Cardholder  provides  Bank  with  false  or  misleading  information  or 
signatures at any time, or (d) Cardholder fails to make any payment or 
perform  any  promise  in  any  other  agreement  or  obligation  that  Card-
holder owes Bank, then Cardholder will be in default under this Agree-
ment. Bank, upon such default, may at its election (a) decline to extend 
further credit under this Agreement (and Cardholder agrees not to make 
further  Credit  Purchases  or  to  obtain  further  Cash  Advances)  and  (b) 
declare all amounts then owed to Bank by Cardholder immediately due 
and payable, without prior notice or demand of any kind, except as may 
be  required  by  applicable  law.  After  Bank  declares  all  amounts  then 
owed  to  Bank  by  Cardholder  to  be  due  and  payable,  and  terminates 
Cardholder’s credit privileges under the Account Bank, at its option (but 
only after providing to Cardholder notice if such is required by applicable 
law), may increase the Annual Percentage Rate up to 18%, which is the 
Default Rate under the Table of Charges. 
16. Collection Charges. If Cardholder defaults, to the extent permitted 
by  applicable  law,  Cardholder  agrees  to  pay  (a)  all  amounts  actually 
incurred  by  Bank  as  court  costs  and  attorneys'  fees  set  by  a  court  in 
connection with the collection of amounts due by Cardholder under the 
Account  and  (b)  premiums  or  other  identifiable  charges  received  in 
connection with the  permitted sale  of  insurance. In addition, Bank may 
impose on Cardholder a processing fee of $20.00 if a check provided to 
Bank by Cardholder is dishonored for any reason. The dishonored check 
processing fee may be added to the New Balance and is payable on the 
next following due date, however, such fee will not accrue any Finance 
Charge. 
17.  Governing  Law.  This  Agreement  is  performable  in  Texas  and  is 
made  pursuant  to  the  provisions  of  Chapter  346 of the Texas  Finance 
Code,  as  amended.  THE  VALIDITY,  CONSTRUCTION,  AND  EN-
FORCEMENT  OF  THIS  AGREEMENT AND ALL MATTERS ARISING 
OUT  OF  THE  ISSUANCE  AND  USE  OF  THE  CARD  SHALL  BE GO-
VERNED  BY  THE  LAWS  OF  THE  STATE  OF TEXAS AND, TO THE 
EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. 
18. Amendment. The terms of this Agreement including, but not limited 
to,  the  rate  or  index,  formula  or  provision  of  law  used  to  compute  the 
ANNUAL PERCENTAGE RATE are subject to revision as to current and 
future balances, from time to time, by written notice from Bank to Card-
holder as provided by applicable law.  
19.  Telephone  Conversations.  Cardholder  agrees  that  Bank,  its 
agents, or service companies may monitor and/or record any telephone 
communications with Cardholder. 
20.  Liability  for  Unauthorized  Use.  Cardholder  may  be  liable  for 
unauthorized use of the Account. If the Card is lost or stolen, or if Card-
holder believes someone is using the Account without proper authority, 

Cardholder  must  notify  Bank  immediately  by  calling  1-800-325-3678. 
Cardholder  will  not  be  liable  for  unauthorized  use  that  occurs  after 
Cardholder notifies Bank of the loss or theft of the Card or Convenience 
Check,  or  the  possible  unauthorized  use  of  the  Account.  Bank  may 
terminate or limit access to the Account if Cardholder has notified Bank, 
or  if  Bank  has  determined  that  the  Card  or  Convenience  Check  may 
have  been  lost  or stolen,  or  that there may  be  unauthorized  access to 
the Account. Cardholder agrees to provide Bank with complete coopera-
tion in Bank's efforts to recover any stolen Card or Convenience Check 
and amounts due from unauthorized users, and in prosecuting unautho-
rized users.  
21.  Bank’s  Liability  for  Failing  to Make Transfers. If Bank  does not 
complete a transaction to or from the Account on time or in the correct 
amount according to this Agreement, Bank may be liable for Cardhold-
er's losses or damages. However, there are some exceptions. Bank will 
not be liable, for instance: (a) if, through no fault of Bank's, the available 
credit  is  insufficient  for  the  transaction  or  is  unavailable  for  withdrawal 
(for  example,  because  funds  have  not  been  finally  collected  or  are 
subject to legal process); (b) if a computer system, ATM, or point of sale 
terminal  did  not  have  enough  cash  or  was  not  working  properly  and 
Cardholder knew about the problem when Cardholder started the trans-
action; (c) if Cardholder attempts to use the Account or the Card which 
has not been properly activated; (d) if the Card has been reported as lost 
or stolen, has been suspended by Bank or Bank has reason to believe 
the transaction is not authorized by Cardholder, or if Cardholder is trying 
to defraud Bank; or (e) as otherwise provided in this Agreement. 
22. Assignment of Account. Cardholder agrees that Bank may at any 
time  assign  and  transfer  Cardholder's  Account,  this  Agreement,  and 
Bank's rights and obligations under this Agreement, without Cardholder's 
consent or notice to Cardholder. The person to whom the Account and 
Agreement is assigned shall be entitled to all of Bank's rights under this 
Agreement. 
23. Information Sharing. Cardholder authorizes Bank to share informa-
tion  concerning  Cardholder  and  Cardholder’s  Account  with  companies 
related to Bank by common ownership. Cardholder  authorizes Bank to 
share  information  with  companies  in  which  Bank  has  an  ownership 
interest, concerning purchases made by Cardholder using Cardholder’s 
Account,  for  the  purpose  of  obtaining  special  merchandise  offers  or 
discounts  for  Cardholder.  Cardholder  does  not  authorize  Bank  to  dis-
close Cardholder’s name, address, telephone number or other personal 
information to these companies. 
24.  Credit  Reporting  Agencies.  Bank  may  give  information  about 
Cardholder's payment history under this Agreement to other persons or 
companies when permitted by law. Cardholder authorizes Bank to make 
whatever credit or investigative inquiries Bank deems necessary in the 
course of review of any credit extended under this Agreement. A nega-
tive  credit  report  which  may  affect  Cardholder's  credit  record  may  be 
submitted to a credit reporting agency if Cardholder fails to keep Card-
holder's promises under this Agreement. 
25. Delay of Rights. Bank can waive or delay enforcement of any of its 
rights under this Agreement without losing them. 
26. Separable Provisions. If any provision of this Agreement is held to 
be invalid or enforceable, the rest of this Agreement will not be affected. 
Cardholder will not be held liable for Finance Charges or other fees and 
charges greater than the maximum allowed by law that applies. 
27.  Limitation  of  Responsibility.  Bank  will  not  be  responsible  for 
merchandise  or  services  purchased  by  Cardholder  with  the  Card  or 
Convenience Check unless required by law. Any refund, adjustment or 
credit  allowed  by  a  Seller  shall  not  be  cash,  but  rather  be  by  a  credit 
advice to Bank which shall be shown as a credit on the periodic state-
ment. Bank will not be responsible for the refusal of any person to honor 
the Card or Convenience Check or if Cardholder is not able to use the 
Card  at  an  ATM.  (a)  Bank  will  not  be  responsible  for  merchandise  or 
services purchased by Cardholder with the Card or Convenience Check 
unless  required  by  law.  Any  refund,  adjustment  or  credit  allowed  by  a 
Seller shall not be cash, but rather be by a credit advice to Bank which 
shall be shown as a credit on the  periodic statement. Bank will not be 
responsible for the refusal of any person to honor the Card or Conveni-
ence Check or if Cardholder is not able to use the Card at an ATM[; and 
(b) BANK WILL NOT BE LIABLE TO CARDHOLDER FOR DELAYS OR 
MISTAKES  RESULTING  FROM  ANY  CIRCUMSTANCES  BEYOND 
BANK'S  CONTROL,  INCLUDING,  WITHOUT  LIMITATION,  ACTS  OF 
GOVERNMENTAL  AUTHORITIES,  NATIONAL  EMERGENCIES, 
INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS 
TO  HONOR  THE  CARD;  THE  FAILURE  OF  MERCHANTS  TO  PER-
FORM  OR  PROVIDE  SERVICES;  COMMUNICATION  SYSTEMFAI-
LURES;  OR  FAILURES  OR  MALFUNCTIONS  ATTRIBUTABLE  TO 
CARDHOLDER'S  EQUIPMENT,  ANY  INTERNET  SERVICE,  OR  ANY 
PAYMENT  SYSTEM.  IN  THE  EVENT  THAT  BANK  IS  HELD  LIABLE 
TO  CARDHOLDER,  CARDHOLDER  WILL  ONLY  BE  ENTITLED  TO 
RECOVER  CARDHOLDER'S  ACTUAL  DAMAGES.  IN  NO  EVENT 
SHALL CARDHOLDER BE ENTITLED TO RECOVER ANY INDIRECT, 
CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETH-
ER IN CONTRACT, TORT OR OTHERWISE), EVEN IF CARDHOLDER 
HAS  ADVISED  BANK  OF  THE  POSSIBILITY  OF  SUCH  DAMAGES. 
THIS  PROVISION  SHALL  NOT  BE  EFFECTIVE  TO  THE  EXTENT 
OTHERWISE PROHIBITED BY LAW. 
28. Transactions Made in Foreign Currencies. If Cardholder makes a 
transaction  in  a  foreign  currency,  the  transaction  will  be  converted  by 
Visa into a U.S. dollar amount in accordance with the operating regula-

tions or conversion procedures in effect at the time that the transaction is 
processed. Currently, those regulations and procedures provide that the 
currency conversion rate to be used is either (a) a wholesale market rate 
or  (b)  a  government-mandated  rate  in  effect  one  (1)  day  prior  to  the 
processing  date,  increased  by  one  percent  (1%)  in  each  case.  Visa 
retains  this  one  percent  as  compensation  for  performing  the  currency 
conversion  service.  The  currency  conversion  rate  in  effect  on  the 
processing date may differ from the rate in effect on the transaction date 
or the posting date. 
29.  USA  Patriot  Act.  Bank  is  subject  to  the  requirement  of  the  USA 
Patriot Act (Title III of Pub. L. 107 56 [signed into law October 26, 2001]) 
(the “Act”) and hereby notifies  Cardholder that  pursuant  to the  require-
ments of  the  Act, it is required to obtain, verify, and record information 
that  identifies  Cardholder  which  information  includes  the  name  and 
address of Cardholder and other information that will allow such Bank to 
identify Cardholder in accordance with the Act. 
30.  Other  Agreements.  This  Agreement  supersedes  all  prior  Agree-
ments between Bank and Cardholder governing the use of the Card and 
the Account. 
STATE SPECIFIC INFORMATION 
California  Residents:  Cardholder  (a)  may  use  the  Account  up  to  its 
Credit Limit; (b) may be liable for amounts extended under the Account 
to any joint Cardholder. As required by law, Cardholder is hereby notified 
that a negative credit report reflecting on Cardholder's credit record may 
be submitted to a credit reporting agency if Cardholder fails to fulfill the 
terms of Cardholder's 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:  Bank  may  obtain  at  any  time 
Cardholder's  credit  reports  for  any  legitimate  purpose  associated  with 
the Account or the application or request for an Account,  including but 
not  limited  to  reviewing,  modifying,  renewing  and  collecting  on  Card-
holder's Account. On Cardholder's request Cardholder will be informed if 
such a report was ordered. If so, Cardholder 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 provisions of any marital property 
agreement,  unilateral  statement,  or  court  order  applying  to  marital 
property  will  adversely  affect  a  creditor's  interests  unless  prior  to  the 
time credit is granted, the creditor is furnished a copy of the agreement, 
statement or court order, or has actual knowledge of the provision. 
YOUR BILLING RIGHTS  
This  Notice  contains  important  information  about  your  rights  and  our 
responsibilities  under  the  Fair  Credit  Billing  Act.  For  purposes  of  this 
Notice,  "we"  and  "us"  mean  Bank,  and  "you"  and  "your"  mean  the 
Cardholder.  
Notify Us in Case of Errors or Questions About Your Bill. If you think 
your bill is wrong, or if you need more information about a transaction on 
your bill, write us on a separate sheet of paper at the address listed on 
your bill. Write to us as soon as possible. We must hear from you not 
later than 60 days after we sent you the first bill on  which the error or 
problem appeared. You can telephone us, but doing so will not preserve 
your rights.  
In your letter, please give us the following information:  
♦  Your name and Account Number. 
♦  The dollar amount of the suspected error.  

Describe the error and explain, if you can, why you believe there is an 
error.  If  you  need  more  information,  describe  the  item  you  are  unsure 
about.  
You do not have to pay any amount in question while we are investigat-
ing, but you are still obligated to pay the parts of your bill that are not in 
question.  While we investigate your question, we cannot report  you  as 
delinquent or take any action to collect the amount you question.  
Special Rule for Credit Card Purchases. If  you have a problem with 
the quality of goods or services that you purchased with a Credit Card, 
and  you  have  tried  in  good  faith  to  correct  the  problem  with  the  mer-
chant, you may not have to pay the remaining amount due on the goods 
or services. You have this protection only when the purchase price was 
more than $50 and the purchase was made in your home state or within 
100 miles of your mailing address. (If we own or operate the merchant, 
or  if  we  mailed  the  advertisement  for  the  property  or services, all  pur-
chases are covered regardless of amount or location of purchase.) 

(Platinum – Variable Only) 626698.5 (04/19/10)