California Bank & Trust 
Consumer Credit Card Agreement 

Effective 08/22/2010 

1.0: INTRODUCTORY PROVISIONS AND DISCLOSURES:  
1.1: THIS IS A VARIABLE RATE PRODUCT: The index (“Index”) used is the Wall Street Journal Prime 
Rate (“Prime Rate”). The interest rate applied to purchases is the Prime Rate plus a margin of 5% for Visa 
Platinum and 9% for Visa Classic. The interest rate applied for cash advances, quasi cash transactions 
and balance transfers is the Prime Rate plus a margin of 15.99%. The interest rate payable on the card 
will change effective with changes in the Index. The following information on interest rates, interest 
charges and fees is accurate as of the effective date of this Agreement and may have changed after that 
date. To determine what may have changed, or for current rate information call us at 1-866-749-7460. 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

8.25% for Visa Platinum 

12.25% for Visa Classic 

APR for Cash Advances 
and Quasi Cash 
Transactions 

APR for Balance 
Transfers 

Paying Interest  

The APR will vary with the market based on the Prime Rate.  

19.24%  

The APR will vary with the market based on the Prime Rate. 

19.24%  

The 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 due by the due date each month. We will begin charging 
interest on cash advances and balance transfers on the transaction 
date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1. 

For Credit Card Tips from 
the Federal Reserve 
Board 

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

Fees 

Annual Fee 

None 

Transaction Fees: 

  Cash Advance 

3% of the amount of the transaction, but not less than $5. 

  Balance Transfer 

2% of the transfer amount but not less than $5 or more than $50. 

 

International 
Transaction 

3% of the U.S dollar amount of the transaction, whether originally made 
in U.S. dollars or converted from a foreign currency. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Penalty Fees: 

  Late Payment  

Up to $10 

  Returned Payment 

 Up to $25 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”.  

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is 
provided in this cardholder agreement. 

1.1.1: California Bank & Trust among other things, issues credit cards to its customers. This is a credit 
card agreement and disclosure statement ("Agreement") between you and California Bank & Trust 
(“Bank”) containing the terms that will apply to your consumer credit card account (“Account”) and 
replaces and supersedes any previous Consumer Credit Card Agreement and Disclosure Statement (and 
amendments thereto).  

1.2: DEFINITIONS AND PARTIES TO AGREEMENT: The following definitions apply and will help you 
better understand this document: The word “Bank” means California Bank & Trust. The words “Card 
Agreement” refers to this Agreement together with the Card Application and the folder containing the 
Card. The word “Card” refers to the one or more credit cards and the associated card number that the 
Bank has issued with the account number for your Card Account, including any renewal or replacement 
cards. The words “Card Account” refer to the Visa Classic or Visa Platinum credit card account 
governed by the Card Agreement between you and the Bank. The words “Card Application” refer to the 
credit application for the Card Account. The words “Credit Card Checks” refer to the one or more 
checks that the Bank may provide to access your Card Account. The words “Credit Limit” refer to the 
maximum available dollar amount of credit authorized by the Bank. The words “Outstanding Balance” 
refer to the entire amount owing on your Card Account at any given time. The words “you” and “your” 
refer to the one or more individuals (including the primary applicant and any co-applicant) who have 
received credit from the Bank and who are liable on the Card Account. The words “we” or “us” refer to 
California Bank & Trust. 

1.3: AGREEMENT: This Agreement documents the agreement between you and the Bank regarding 
your Card Account. This Agreement contains important information that you should review carefully and 
keep in your records. This Agreement becomes effective on the earlier of (1) 15 days after the Bank 
sends you the Card, or (2) your first use of the Card or Card Account. Any use of the credit associated 
with your Card Account constitutes your acceptance of the terms of this Agreement. If you do not wish to 
be bound by this Agreement, you must not use (or authorize anyone else to use) your Card or Card 
Account and you must cancel your Card Account within 15 days after receiving the Card. 
1.3.1: Integrated Agreement. You agree that the Card Agreement is a final written expression of the 
Agreement between you and the Bank and that the Card Agreement may not be contradicted by evidence 
of any alleged oral agreement. 
1.3.2: Severability. The provisions of the Card Agreement are severable to the extent that any provision 
hereof held to be prohibited or unenforceable in an applicable jurisdiction shall not invalidate the 
remainder of the Card Agreement in that jurisdiction and shall be fully enforceable in any other jurisdiction 
not expressly prohibiting such provision. 
1.3.3: Delay in Enforcement. The Bank may exercise its rights under the Card Agreement immediately 
or, at the Bank's sole discretion, may decline to enforce or delay in enforcing any such rights without 
losing, waiving, or impairing them. 
1.3.4: Assignment and Binding Effect. You may not sell, assign, or transfer the Card Agreement or 
your Card Account or any portion thereof without the express prior written consent of the Bank. The Bank 
may sell, assign, or transfer the Card Agreement or your Card Account or any portion thereof without 
notice to you. Subject to the foregoing, the Card Agreement shall be binding upon the heirs, 
representatives, successors, and assigns of the parties hereto. 

1.4: AMENDMENT OF THIS AGREEMENT: The Bank may amend this Agreement by changing, 
adding or deleting any term, condition, service or feature (“New Term”) of your Account or of this 
Agreement at any time. The Bank will provide you with notice of the amendment to the extent 
required by law. Unless we state otherwise, any New Term may apply only to new activity on your 
account. If the amendment includes any change for which we need your consent, we will obtain 
your consent before that New Term becomes effective. If we need to do so, we may obtain your 

 
 
 
 
 
 
 
 
 
 
 
 
consent in any one or more of the following ways: (a) by your usage of the Account after we give 
you notice of the amendment; (b) by your failure to write us on time if we request that you write us 
to reject a New Term; or (c) by your affirmative agreement which may be obtained verbally, in 
writing or electronically. 
1.4.1: If you do not agree to the Amendment. You must notify the Bank in the manner provided with the 
amendment within 25 days after the effective date of the change, and the Bank may close your Card 
Account and may elect to have you pay the Outstanding Balance as provided by law. Otherwise, you 
shall be deemed to have agreed to the change(s) in the Bank’s notice. Use of the Card after the effective 
date of the change shall be deemed to be your acceptance of the new terms. 
1.4.2: Any other term in the amendment will become effective without your consent, although you 
may be able to avoid a fee or charge by not making the type of transaction to which it applies after 
the effective date of the amendment. 

1.5: CREDIT LIMIT: The Credit Limit on your Card Account is disclosed on each monthly statement (your 
initial Credit Limit appears on the folder containing the Card). You agree not to use or allow anyone else 
to use the Card or your Card Account in any way that would cause the Outstanding Balance to exceed 
your Credit Limit. You are liable for the Outstanding Balance even if it exceeds your Credit Limit. The 
Bank may increase or decrease your Credit Limit at any time and will notify you of such change. In 
addition, you may request a change in your Credit Limit by writing to the address shown on your monthly 
statement or by calling 1-866-749-7460 during business hours (8:00 a.m. to 5:00 p.m. (PT), Monday 
through Friday).  

2.0: THE CARD: 
2.1: Signature Panel. For your protection, the back of the Card contains a signature panel which should 
be signed before the Card is used. 
2.2: Card is Bank Property. The Card is the property of the Bank and must be returned to the Bank if the 
Bank so requests. Also, the Bank can at any time and without cause and without notice, revoke the right 
to use the Card. If a merchant or a financial institution where the Card is attempted to be used asks for 
the surrender of the Card, it must be surrendered immediately. 
2.3: Expiration. The Card will not be valid after the expiration date printed on the front of the Card and it 
must not be used after that date. 
2.4: Renewal and Replacement Cards. The Bank will continue to issue renewal or replacement Cards 
until the Bank revokes the right to use the Card or until your Card Account is closed. 
2.5: Additional Cards. You may request additional Cards at no additional cost for members of your 
family or for others you authorize to use your Card Account. However, you are responsible for all charges 
to your Card Account made by such persons. 

3.0: AVAILABLE TRANSACTIONS: Subject to the restrictions described herein, the Card and your Card 
Account may be used in any of the following transactions: 
3.1: Purchases. The Card may be used to purchase or lease goods or services wherever the Card is 
honored. 
3.2: Cash Advances. Subject to your available Credit Limit, the Card may be used to obtain cash 
advances from your Card Account (1) in person at the Bank or any participating financial institution or (2) 
at any ATM in the Bank network or any of the other participating ATM networks (the names of which are 
shown on the back of the Card), subject to the following limitation (certain ATMs may have other limits): 
the total dollar amount of such ATM cash advances plus all cash withdrawal electronic fund transfers 
made during any calendar day (from midnight to midnight) may not exceed $500 for each card issued 
with your Card Account number. Cash advances may not exceed the lesser of your available credit or at 
our option $5,000 for any single advance. Each cash advance will create a charge to your Card Account.  
3.2.1: Use of your Credit Card to withdraw cash from ATM’s located outside of the Unites States creates 
a cash advance from and charge to your Card Account even if you select withdrawal from checking or 
savings account or any other type of account. 
3.3: Electronic Online Cash Advances: Subject to your available Credit Limit, the Card may be used to 
obtain electronic online cash advances from your Card Account. Based on risk, we reserve the right to 
limit electronic online cash advance access at the sole discretion of the Bank. Each electronic online cash 
advance will be treated as a cash advance subject to a Cash Advance Transaction Fee charged to your 
Card Account. 
3.4: Balance Transfers. Subject to your available Credit Limit, you can request a balance transfer to your 
Card Account. You may not use a balance transfer to pay off any other accounts you have with the Bank. 
You may only make a balance transfer to accounts that list you as an account holder. Allow 4 to 6 weeks 
to process your balance transfer request, during which time you should continue to make payments to 
those accounts. You will not earn any rewards points or cash back on a balance transfer. 

 
 
 
3.5: Credit Card Checks. For promotional purposes the Bank may provide a supply of Credit Card 
Checks to access your Account. Use of the Credit Card Checks creates a cash advance from and charge 
to your Card Account. Each unused Check is the property of the Bank and must be returned to the Bank if 
the Bank so requests. Also, the Bank can, at any time and without cause and without notice, revoke the 
right to use the Credit Card Checks. You agree to waive any right you may have to stop payment on a 
Credit Card Check. 
3.6: Internet Transactions: Your card is a Visa branded card, enrollment in the Verified by Visa program 
is required after three (3) internet purchases. In order to make transactions over the Internet merchants 
may request your Verified by Visa password to complete the transaction. If a password is not provided the 
merchant may deny the transaction. If the password is incorrect we may deny the transaction. By allowing 
another to use your Verified by Visa password you are authorizing the transaction on your account. 
3.7: Internet Gambling Notice: Restricted transactions as defined in Federal Reserve Regulation GG 
are prohibited from being processed through this account or relationship. Restricted transactions 
generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts 
are knowingly accepted by gambling businesses in connection with the participation by others in unlawful 
Internet gambling. We have elected to not offer accounts to organizations that offer or sponsor Internet 
gambling. Commercial accounts receiving or processing Internet gambling transactions are subject to 
closure. 

4.0: MONTHLY STATEMENTS: The Bank will send you (or one of you) a monthly statement 
summarizing each transaction on your Card Account during the preceding billing period. Your monthly 
statement will show the total amount you owe as of the end of the billing period, including any interest 
charges, fees, minimum payment warning, the minimum payment due and the payment due date, which 
date is at least 25 days from the monthly statement closing date. It also shows your current Credit Limit. 
The Bank will mail or deliver your monthly statement to only one address. Preservation of your rights 
under federal law regarding resolution of billing errors depends upon your timely recognition of potential 
errors, as explained in “Billing Rights Summary” notice at the end of this Agreement. 

5.0: HOW THE NEW BALANCE IS DETERMINED: The total amount that you owe the Bank at the end of 
the current billing period appears as the “New Balance” on the monthly statement. The Outstanding 
Balance at the end of the previous billing period is called the “Previous Balance”. The New Balance is 
determined by taking the Previous Balance and (1) subtracting any payments and credits received by the 
Bank during the current billing period and then (2) adding any purchases, cash advances, quasi cash 
transactions, balance transfers, interest charges, fees, and other adjustments. 

6.0: PAYMENTS: You promise to pay the Bank according to the terms of this Agreement the entire 
amount owing hereunder. You agree to make all payments in U.S. Dollars drawn on funds on deposit in 
the United States (however, the Bank may at its option choose to accept payments made in foreign 
currency or made by drawing on funds on deposit outside the United States, in which case you agree to 
pay all conversion fees and bank collection fees incurred by the Bank, which amounts will be treated as 
purchase items). Do not send cash payments. 
6.1: Payment Due Date. The payment due date on your Account will be the same date each month and 
your payment will be due by 4:00 p.m. (PT) in the manner and location specified on your billing statement. 
6.2: Amount of Minimum Payment. If the New Balance is less than $30, the minimum payment is the 
full amount of the New Balance. If the New Balance is $30 or more, the minimum payment is the total of 
two figures: the first is any past due amount; the second is the sum of the greater of $30 plus late fees, or 
the combined total of 2.5% of the New Balance plus interest charges and late fees. You shall make (and 
the Bank shall have received at the address designated on your monthly statement) on or before 4:00 
p.m. (PT) on the due date the minimum payment shown on your monthly statement (or, at your option, 
any greater amount up to the Outstanding Balance). Receipt of your minimum payment at any address 
other than that designated on your monthly statement may create a delay in posting the minimum 
payment to your Card Account and may thereby result in a late fee and additional interest charges.  
Making only the minimum payment each period, you will pay more in interest and it will take you 
longer to repay your balance. 
6.3: Application of Payments. The amount of payments credited to your Account during a billing period 
will be applied first to unpaid interest charges, then to any miscellaneous fees, then to the balance having 
the highest APR, and then to each successive balance bearing the next higher APR until the payment is 
exhausted. Balances having the same APR will be paid beginning with the oldest balance first. Payment 
for more than the minimum payment amount (but not more than the Outstanding Balance) will be 
accepted as a single payment for that billing period; the amount in excess of the minimum payment will 
not be applied toward future payments due. 

 
 
 
6.4: Acceptance of Partial or Nonconforming Payments. The Bank may accept late payments, partial 
payments or any payment marked with any kind of restrictive endorsement (such as “paid in full” or “in 
settlement”) without giving effect to the restrictive endorsement and without losing, waiving, or impairing 
any of the Bank's rights under this Agreement or under applicable law. 
6.5: Delay of Available Credit: We credit payments to your account on the day we receive them 
however, we reserve the right, based on risk, to delay the available credit resulting from those payments. 
6.6: Prepayment. You may repay all or any portion of the Outstanding Balance at any time without 
penalty.  

7.0: DEFAULT: If the minimum payment is not received at the proper address on or before the payment 
due date, or if you fail to honor any other obligation under this Agreement, or if you die, file for 
bankruptcy, or become insolvent or generally unable to pay your debts, or if you have furnished false or 
misleading information on the Card Application, or if you are in default under any other obligations you 
may owe to the Bank, or if the Bank reasonably believes that you are unable or unwilling to honor all of 
your obligations under this Agreement, the Bank may declare the Outstanding Balance immediately due 
and payable, may close your Card Account, and recover the Card and all unused Credit Card Checks. 

8.0: LEGAL ACTION AND COSTS: Without waiving the Dispute Resolution provisions of this Agreement, 
the Bank may take legal action (including collection action) against you and you agree to pay all collection 
costs whether or not awardable as court costs (including the cost of Bank staff) and reasonable attorney’s 
fees (including those of salaried Bank employees). If the Bank sues to collect and you win the lawsuit, the 
Bank will pay your court costs and reasonable attorney’s fees. Also, you agree that regardless of where 
you reside, the Bank may initiate legal action against you in the State of California and you hereby submit 
yourself to jurisdiction of the courts therein. 

9.0: INTEREST CHARGES: The following interest charges will apply whether before or after default, 
judgment, or the closing of your Card Account. 
9.1: Periodic Interest Charges on Purchases, Cash Advances, Quasi Cash Transactions and 
Balance Transfers. No periodic interest charge on purchases will be assessed if you have paid the total 
New Balance listed on the previous monthly statement in full by the payment due date (which is at least 
25 days from the monthly statement closing date); otherwise, a periodic interest charge will be assessed 
on each purchase from the date of the purchase transaction. If during the previous billing cycle you paid 
in full by the payment due date, then in the current billing cycle you will have a grace period on the 
amount of any purchase balance in the current billing cycle that is paid by the payment due date, based 
on our payment allocation method. A periodic interest charge will be assessed on each cash advance, 
quasi cash transaction or balance transfer from the date of such transaction; there is no grace period 
within which such a transaction can be repaid without incurring an interest charge. 
9.2: Periodic Interest Charge Calculation(s). The total amount of interest charge for a billing period will 
be calculated as follows (interest charges on purchases and interest charges on cash advances, quasi 
cash transactions and balance transfers are calculated separately and then the resulting amounts 
combined to arrive at the total interest charges for the billing period): (1) We first determine the “average 
daily balance” of your account (including new transactions). To get the “average daily balance” we take 
the beginning balance of your account each day, add any new purchases (or cash advances, quasi cash 
transactions or balance transfers) and then subtract any payments or credits. This gives us the daily 
balance (any unpaid interest charges incurred during that billing period are not included in the daily 
balance). Then, we add up all the daily balances for the billing period and divide the total by the number 
of days in the billing period. This gives us the average daily balance, which is also called the “balance 
subject to interest charge” on your monthly statement. (2) We multiply the balance subject to interest 
charge by the number of days in the billing period; the resulting number is then multiplied by the daily 
periodic rate to determine the amount of interest charge. 
9.3: Minimum Interest Charge. Notwithstanding the above, the minimum INTEREST CHARGE will be 
$1. 

10.0: PRIME RATE, ANNUAL PERCENTAGE RATE (APR) AND DAILY PERIODIC RATE (DPR):  
10.1: Prime Rate: The interest rate on your account is subject to change from time to time based on 
changes in an independent index which is the Prime Rate as published in the Wall Street Journal (the 
“Index”). If a range of rates has been published, the higher of the rates will be used. Information about the 
Index is available or published daily in the Wall Street Journal. You acknowledge that the Prime Rate as 
used herein does not mean the lowest rate at which the Bank has made or may make loans to any of its 
customers, either now or in the future. If the Index becomes unavailable, the Bank may designate a 
substitute Index after providing notice to you. The APR will increase when the Prime Rate increases. If 

 
 
 
 
the Prime Rate changes, resulting in a change in the APR, the change will take effect on the first day of 
your billing cycle the following month. 

The applied Index for the following as of 08/22/2010 is 3.25%. 

10.2: APR and DPR. The APR which is calculated on the average daily balance is a variable rate. The 
DPR will be 1/365 (1/366 for a leap year) of the then current APR.  
10.3: APR For Purchases: The APR in effect for the card type held throughout a particular billing period 
will be 5.00% for Visa Platinum, 9.00% for Visa Classic plus the Prime Rate in effect on the day that 
precedes by six (6) business days the first calendar day of the calendar month in which that billing period 
ends. The APR and DPR in effect for each billing period are disclosed on the corresponding monthly 
statement. 
10.4: DPR for Purchases: The DPR for transactions posting as Purchases is equal to its corresponding 
APR. To determine your rate for Purchases, we add the Index to the applicable margin as follows:  

  5.00% resulting in a DPR of 0.022602 (corresponding APR of 8.25%) 
  9.00% resulting in a DPR of 0.033561 (corresponding APR of 12.25%) 

10.5: APR for Cash Advances, Quasi Cash Transactions and Balance Transfers: The APR in effect 
throughout a particular billing period for cash advances, quasi cash transactions and balance transfers 
will be 15.99% plus the Prime Rate. 
10.6 DPR for Cash Advances, Quasi Cash Transactions and Balance Transfers: The DPR for 
transactions posting as a cash advance, quasi cash transaction or balance transfer is equal to its 
corresponding APR. To determine the rate, we add the Index to a margin of 15.99% resulting in a DPR of 
0.052712 (corresponding APR of 19.24%). 
10.7: Effect of Change in Rate. All other factors being equal, and subject to the method by which the 
minimum payment is calculated (as described above), an increase in the APR will increase the minimum 
payment, and a decrease in the APR will decrease the minimum payment. 

11.0: CASH ADVANCE FEE: Each new cash advance will be assessed a one-time fee equal to 3% of 
the amount of the transaction, but never less than $5. The transaction fee shall be fully earned when 
assessed. 

12.0: OTHER FEES and CHARGES: 
12.1: Balance Transfer Fee: Each new Balance Transfer will be assessed a fee equal to 2% of the 
Balance Transfer, but not less than $5 or more than $50. 
12.2: Annual Membership Fee: No annual membership fee.  
12.3: Late Payment Fee: If the minimum payment shown on your monthly statement is not received at 
the proper address by the tenth day following the payment due date, there will be a Late Payment Fee 
equal to your minimum payment but no more than $10. 
12.4: Returned Payment Fee. If any check or other payment on your Card Account is dishonored or 
must be returned because it cannot be processed, there will be a Returned Payment Fee equal to the 
amount of the minimum payment due but no more than $25, which will be treated as a purchase item. 
12.5: International Transaction Fee. 3% of the U.S. dollar amount of the transaction, whether originally 
made in U.S. dollars or converted from a foreign currency. If you incur a charge in a foreign currency, the 
charge will be converted into a U.S. Dollar amount by Visa International. Currently, the currency 
conversion rate used is either a wholesale market rate or a government mandated rate in effect one day 
prior to the date the transaction is processed by Visa International plus three percent (3%) of the U.S. 
dollar rate. 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. This charge is in addition to the Banks usual ATM fee. 
12.6: Research Fee: For research that you request on your Card Account (unless such research involves 
an allegation of a billing error made by the Bank), there will be a research charge of $20 per hour, plus $5 
for each copy of a sales slip or other document(s) (which amounts will be treated as purchase items). 
12.7: Expedited Card Delivery or Emergency Card Fee: If you request the Bank to provide “expedited 
card delivery” (which requires the services of an outside delivery service provider) or you request to 
personally obtain an “emergency card” (which requires special card production) at our Bankcard Center, 
you agree that we may charge a fee up to $75 for this service. 

13.0: SECURITY INTEREST FOR SECURED ACCOUNTS. If you have a Secured Account, you have 
given the Bank a security interest in a savings account at the Bank to secure payment of your Card 
Account. If you withdraw your funds from the savings account, the Bank has the right to close your Card 
Account. 

 
 
 
 
 
 
14.0: JOINT ACCOUNT. If your Card Account is in the name of more than one person, each and every 
such person shall be jointly and severally liable for the full Outstanding Balance, including without 
limitation any amount in excess of your Credit Limit. In addition, except as otherwise required by 
applicable law, you agree that all monthly statements and notices regarding your Card Account may be 
sent to any one of you. 

15.0: INTERPRETATION; EFFECT: 
15.1: Duration. Except for your right to use the Card and to make charges to your Card Account (which 
right expires when your Card Account is closed); all other provisions of the Card Agreement shall remain 
in full force and effect until your Card Account is closed and your Outstanding Balance is paid in full. 
15.2: Headings. The headings used in this Agreement are for convenience only and shall have no 
bearing on the interpretation of this Agreement. 
15.3: Governing Law. THE CARD AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN 
ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND OF THE STATE OF CALIFORNIA 
REGARDLESS OF WHERE YOU MAY RESIDE OR USE YOUR CARD. 

16.0: DISCLOSURES OF INFORMATION: You acknowledge and consent to the release of personal data 
about you by the Bank to Visa U.S.A., its Members, or their respective contractors for the purpose of 
providing emergency cash and/or emergency card replacement services. 

17.0: RESTRICTIONS ON USE OF CARD ACCOUNT: Only the individual named on the Card is 
permitted to use the Card for charges, identification, or any other reason. 
17.1: No Illegal Purpose. The Card, Card Account or Credit Card Checks shall not be used for any illegal 
purpose. You also agree not to use your Card, Card Account or Credit Card Checks to gamble on the 
Internet or for any transaction that violates applicable law. We may block or refuse to approve any 
transaction that we believe may violate this provision. 

18.0: LIABILITY FOR OBLIGATIONS: 
18.1: Your Liability. You shall be liable for the full amounts of your Outstanding Balance regardless of 
the purpose whether for business purposes or for personal, family or household purposes of any of the 
charges made with the Card(s) or Credit Card Checks. Your liability shall also include all charges 
regardless of the purpose made by any person to whom you have given express or implied permission to 
use the Card, Card Account or Credit Card Checks or has voluntarily provided the Card or Card number.  
18.2: User’s Liability. In addition to and not in lieu of your liability as set forth above, each User shall be 
jointly, and severally liable with you for all amounts resulting from: (a) all charges made by User for 
personal, family, or household purposes; and (b) all charges made by any person to whom that User has 
given express or implied permission to use the Card or Card Account or Credit Card Checks or has 
voluntarily provided the Card or the Card number, regardless of the purpose of any such charge. 

19.0: LIABILITY FOR UNAUTHORIZED USE: If your Card, Card Account number or Credit Card Checks 
are lost or stolen, or if you think that someone used or may use them without permission, you agree to 
notify the Bank immediately by calling 1-866-749-7460. You may need to provide the Bank with certain 
information in writing to help the Bank determine what happened. You are not liable for loss, theft, or 
unauthorized use of your Card, Card Account, or Credit Card Check if you notify the Bank of any 
fraudulent transactions. 
19.1: Liability for Unauthorized ATM Transactions: You are not liable for unauthorized use of your 
card for ATM transactions if you notify the Bank within 2 business days. In any case, your liability will not 
exceed $50. 

20.0: REFUSAL OF THE CARD: The Bank will not be responsible or liable in any manner for any of the 
following or for any claim of whatever nature (including without limitation any claim for incidental or 
consequential damages) arising from or related to any of the following: the refusal or delay of any other 
financial institution, any merchant, or any person to honor the Card, your Card Account, or any Credit 
Card Check; any goods or services obtained with the Card and charged to your Card Account (except as 
and only to the extent provided in “Billing Rights Summary” notice at the end of this Agreement); any 
unsuccessful attempt to obtain prior credit authorization for any transaction when the authorization 
system is not working, or any unsuccessful attempt to use the Card in an ATM when the ATM or ATM 
network is not working or is temporarily closed or out of order. 

21.0: FINANCIAL AND CREDIT INFORMATION: 

 
 
 
 
 
 
 
21.1: Financial Statements. The Bank may need updated financial information from you at some time in 
the future. If the Bank asks, you agree to furnish a current financial statement or to update the Card 
Application. 
21.2: Credit Reports. You hereby authorize the Bank to make whatever credit inquiries or investigations 
about you that the Bank deems appropriate and to disclose to others credit information about your Card 
Account and your performance under this Agreement. The Bank may ask credit bureaus for reports of 
your credit history; at your request, the Bank will tell you whether or not the Bank has requested such 
reports and will tell you the names and addresses of the credit bureaus furnishing the reports. 
21.3: Negative Credit Reporting. You are hereby notified that 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. 
21.4: Notify us of inaccurate information we report to credit bureaus. Please notify us if we report 
any inaccurate information about your account(s) to a credit bureau. Your written notice describing the 
specific inaccuracy should be sent to us at the following address: California Bank & Trust, P.O. Box 
25787, Salt Lake City, UT 84125  

22.0: CHANGE OF NAME OR ADDRESS: You agree to promptly notify the Bank in writing if you change 
your name, home address, or mailing address. 

23.0: CLOSING YOUR CARD ACCOUNT: You may close your Card Account at any time by notifying the 
Bank in writing. The Bank may close your Card Account at any time without cause and without notice 
except we may have to give you notice if you are not in default. In the event of default (which includes 
missing any payments or breaking any of your Agreements with us, failing to pay other charges when 
due, exceeding the credit limit of the Account, the death, insolvency or bankruptcy of you or any joint 
cardholder, the seizure of any of your assets or income, or that of a joint cardholder, and our good faith 
belief that the prospect of payment is in jeopardy), we may without notice, terminate the Account, demand 
possession of all Cards, and declare the entire balance due and payable. When your Card Account is 
closed (whether by you or the Bank); your right to use the Card and Credit Card Checks and to make 
charges to the Card Account will be automatically revoked. Termination does not excuse your obligation 
to pay us.  

24.0: BILLING RIGHTS SUMMARY: This notice contains important information about your rights and the 
Bank's responsibilities under the Fair Credit Billing Act. 
24.1: 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 in a separate letter at the address 
indicated in the Billing Rights Summary on your Statement. Write us as soon as possible. We must hear 
from you no 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, include the following 
information: 

  Your name and account number. 
  The date and 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 not sure about. 

If you have authorized us to pay your credit card bill automatically from your savings or checking account, 
you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach 
us three business days before the automatic payment is scheduled to occur. 
24.2: Your Rights and Our Responsibilities After We Receive Your Written Notice. We must 
acknowledge your letter within 30 days, unless we corrected the error by then. Within 90 days, we must 
either correct the error or explain why we believe the bill was correct.  
After we receive your letter, we cannot try to collect any amount you question, or report you as 
delinquent. We can continue to bill you for the amount you question, including interest charges, and we 
can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount 
while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.  
If we find that we made a mistake on your bill you will not have to pay any interest charges related to any 
questioned amount. If we didn’t make a mistake, you may have to pay interest charges, and you will have 
to make any missed payments on the questioned amount. In either case, we will send you a statement of 
the amount you owe and the date that it is due. 
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our 
explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to 
pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you 
the name of anyone we reported you to. We must tell anyone we report you to that the matter has been 

 
 
 
settled between us when it finally is. If we don’t follow these rules, we can’t collect the first $50 of the 
questioned amount, even if your bill was correct.  
24.3: Special Rule for Credit Card Purchases: If you have a problem with the quality of property or 
services that you purchased with the 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 property or services. There 
are two limitations on this right:  

(1) You must have made the purchase in your home state or, if not within your home state, within 100 
miles of your current mailing address; and  
(2) The purchase price must have been more than $50.  

These limitations do not apply if the Bank owns or operates the merchant, or if the Bank mailed you the 
advertisement for the property or services. 

25.0: SPECIAL TERMS FOR CREDIT CARD ACCOUNTS ENROLLED IN CASH BACK SAVINGS: 
Cash Back Savings is an optional program that is not available on all credit card types. Availability is at 
the sole discretion of the Bank. There is a $25 annual membership fee to participate in Cash Back 
Savings. The annual membership fee will be added to and included in the New Balance (as a purchase) 
every year that you are enrolled in the program. If you elect to participate in the Cash Back Savings 
program, you are not permitted to participate in the Amazing Rewards program. 

From the date you open your Account (or the first day of the billing cycle following your enrollment in the 
Cash Back Savings program, whichever is later) until your Account is closed and/or enrollment in the 
Cash Back Savings program is cancelled, you will accrue a 1% Rebate for each dollar of qualifying net 
purchases charged to your Account during each billing cycle that the Account is open, current, and no 
payment is past due. Transactions excluded from receiving Rebates include (but are not limited to); cash 
advances, balance transfers, ATM transactions, unauthorized charges, fraudulent charges, fees, interest 
charges, foreign cash transactions, casino gaming and betting transactions and lottery tickets. 

A savings account, with the same accountholder(s) as the credit card account, with the Bank is required 
to participate in the Cash Back Savings program. Each time your total accrued Rebate for qualified 
purchases reaches a $50 threshold your savings account will be credited in increments of $50, subject to 
the following: A Rebate will not be awarded if: (1) your savings account is not in good standing or is 
closed during your enrollment; or (2) for any billing cycle your credit card account is closed, not in good 
standing or not current on the closing date for that billing period. There is no earnings cap on the amount 
of cash back. Accrued Rebates not paid will expire five years after the statement closing date of the billing 
cycle in which they accrued. You are solely responsible for any taxes related to or arising out of your 
participation in this program. Rebates will be treated as a Bank credit to your savings account and will not 
qualify as a payment or as a payment towards the required minimum monthly payment on your credit card 
account. 

We may reverse a Rebate by debiting your accrued Rebate for returned merchandise or for any 
unauthorized purchase, and we reserve the right to reverse a Rebate and/or cancel benefits if we 
reasonably believe that a purchase was not returned by you and/or was not a bona fide purchase of 
goods or services delivered or performed by a merchant. 

The Bank reserves the right to amend, cancel or change the Cash Back Savings program at any time with 
or without notice to you. 

26.0: DISPUTE RESOLUTION PROVISION. This Dispute Resolution Provision contains a jury 
waiver and a judicial reference agreement. READ IT CAREFULLY. 

26.1: GENERAL PROVISIONS GOVERNING ALL DISPUTES. 

26.1.1: PRIOR DISPUTE RESOLUTION AGREEMENTS SUPERSEDED. This Dispute Resolution 
Provision shall supersede and replace any prior “Jury Waiver,” “Judicial Reference,” “Class 
Action Waiver,” “Arbitration,” “Dispute Resolution,” or similar alternative dispute agreement or 
provision between or among the parties relating to this Agreement or the subject matter hereof. 

26.1.2: “DISPUTE” DEFINED. As used herein, the word “Dispute” includes, without limitation, any claim 
by either party against the other party related to this Agreement, your Card or Account. Disputes include 
without limitation class action claims brought by either party as a class representative on behalf 
of others and claims by a class representative on either party’s behalf as a class member and any 
action, suit, case or claim brought by either party as a private attorney general.  Disputes also 

 
 
  
 
 
 
 
 
 
include without limitation matters involving the validity, enforceability, meaning or scope of this dispute 
resolution provision and disputes based on or arising from an alleged tort or matters involving the 
employees, officers, agents, affiliates or assigns of a party hereto. 

If a third party is a party to a Dispute (such as a credit reporting agency, merchant accepting a credit card, 
junior lienholder or title company), each party hereto agrees to consent to including that third party in any 
arbitration or judicial reference proceeding for resolving the Dispute with that third party. 

26.1.3: JURY WAIVER; CLASS ACTION WAIVER. Each party waives its, his or her respective rights 
to a trial before a jury in connection with any Dispute. All Disputes shall be decided by a judge sitting 
without a jury, unless resolved in a judicial reference proceeding pursuant to Section 26.1.5. If permitted 
by applicable law, each party also waives the right to litigate in court or a reference proceeding any 
Dispute as a class action, either as a member of a class or as a representative, or to act as a 
private attorney general. 

26.1.4: SURVIVAL. This Dispute Resolution Provision shall survive any termination, amendment or 
expiration of this Agreement or of any other relationship between the parties. 

26.1.5: JUDICIAL REFERENCE. To the extent a jury waiver or class action waiver is not permitted by 
applicable law and a Dispute arises between the parties hereto, each party shall have the right, but not 
the obligation, to require that it be resolved by judicial reference in accordance with California Code of 
Civil Procedure, Sections 638, et seq. BY AGREEING TO RESOLVE DISPUTES BY JUDICIAL 
REFERENCE, EACH PARTY IS GIVING UP ANY RIGHT THAT PARTY MAY HAVE TO A JURY 
TRIAL. The referee shall be a retired judge, agreed upon by the parties, from either the American 
Arbitration Association (AAA) or Judicial Arbitration and Mediation Service, Inc. (JAMS). If the parties 
cannot agree on the referee, the party who initially selected the reference procedure shall request a panel 
of ten retired judges from either AAA or JAMS, and the court shall select the referee from that panel. If 
AAA and JAMS are unavailable to provide this service, the court may select a referee by such other 
procedures as are used by that court. The referee shall be appointed to sit with all of the powers provided 
by law, including the power to hear and determine any or all of the issues in the proceeding, whether of 
fact or of law, and to report a statement of decision. The parties agree that time is of the essence in 
conducting the judicial reference proceeding set forth herein. Except as otherwise provided in this 
paragraph, the costs of the judicial reference proceeding, including the fee for the court reporter, shall be 
borne equally by the parties as the costs are incurred, unless otherwise awarded by the referee. If Bank 
commences a judicial reference proceeding regarding a consumer Dispute, Bank shall pay all referee 
fees, regardless of whether or not the consumer is the prevailing party in such proceeding, unless such 
Dispute involves a claim for damages by a consumer and is found by the referee to be frivolous. For 
purposes of this paragraph, “consumer Dispute” shall mean a Dispute involving credit or services 
provided by Lender or Bank, primarily for personal, family or household purposes, in which the claim for 
damages is less than $75,000. The referee shall hear all pre-trial and post-trial matters (including without 
limitation requests for equitable relief), prepare a statement of decision with written findings of fact and 
conclusions of law and apportion costs as appropriate. The referee shall be empowered to enter equitable 
relief as well as legal relief, provide all temporary or provisional remedies, enter equitable orders that are 
binding on the parties and rule on any motion that would be authorized in a trial, including without 
limitation motions for summary adjudication. Judgment upon the award shall be entered in the court in 
which such proceeding was commenced and all parties shall have full rights of appeal. This provision will 
not be deemed to limit or constrain Bank’s right of offset, to obtain provisional or ancillary remedies, to 
interplead funds in the event of a dispute, to exercise any security interest or lien Bank or Lender may 
hold in property, or to comply with legal process involving accounts or other property held by Bank or 
Lender. 

26.1.6: RELIANCE. Each party (i) certifies that no one has represented to such party that the other party 
would not seek to enforce a jury waiver, class action waiver or judicial reference provision in the event of 
suit, and (ii) acknowledges that it and the other party have been induced to enter into this Agreement by, 
among other things, material reliance upon the mutual waivers, agreements and certifications in this 
Dispute Resolution Provision. 

880-0451 

Member FDIC, 
Equal Housing Lender