Current Credit Card Agreements for New Personal Accounts 

NOTE: To obtain a copy of the Credit Card Agreement for your existing account call us at 
(800) 996-2638 or send us a secured message through Online Banking with the subject line 
“Credit Card Inquiry”. 

For  new  personal  accounts  opened  beginning  04/01/2022,  the  following  Account  Opening 
Disclosures and Credit Card Agreements apply by the credit card type received: 

Platinum Mastercard® Credit Card 
Interest Rates, Interest Charges, and Fees – Platinum Card  
Credit Card Agreement (Personal Accounts) 

Cash Back World Mastercard® Credit Card 
Interest Rates, Interest Charges, and Fees – Cash Back World Mastercard® Card  
Credit Card Agreement (Personal Accounts) 

Wealth Management World Elite™ Mastercard® Credit Card 
Interest Rates, Interest Charges, and Fees – Bank of the West Wealth Management World 
Elite™ Mastercard® Credit Card 
Credit Card Agreement (Wealth Management World Elite™ Mastercard® Credit Card) 

Secured Mastercard®
Interest Rates, Interest Charges, and Fees – Secured Credit Card  
Secured Credit Card Agreement (Personal Accounts) 

 Credit Card 

 
 
 
 
 
 
 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Platinum Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

14.99%to 22.99%, based on your creditworthiness. 

This APR will vary with the market based on the Prime Rate. 

APR for Balance Transfers 

0.00% Introductory APR for the first twelve months. 

After that, your APR will be 14.99% to 22.99%, based on your 
creditworthiness. 

This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

24.99% 

Penalty APR and When it 
Applies 

None 

This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month. We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

None 

•  BalanceTransfer 

Either $10 or 4%  of the amount of each transfer, whichever is greater. 

•  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

•  ForeignTransaction 

3% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

•  Late Payment 

Up to $38 (Varies by State. See next page for details.). 

•  Returned Payment 

Up to $38 (Varies by State. See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).” See your Credit Card Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in 
your Credit Card Agreement. 

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within 
the  next  six  billing  cycles.  For  other states  the  fee  is  $27  for  the  first  violation  and  $38  for  each  subsequent 
violation  within the  next six  billing cycles.  If  the  Late Payment  fee  is  greater than the  Minimum Payment  Due, the 
fee will be equal to the Minimum Payment Due. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Returned Payment fee for Iowa residents is $27  for  the  first  violation and  $30  for each  subsequent  violation 
within the next six billing cycles.  For other states the fee is $27 for the first violation and $38 for each subsequent 
violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the 
fee will be equal to the Minimum Payment Due. 

Interest Charges for Covered Members of the Armed Forces and Their Dependents: Federal law provides important 
protections to members  of  the Armed  Forces  and  their  dependents  relating to  extensions  of consumer credit.  In 
general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed 
an  annual  percentage  rate  of  36%.  This  rate  must include,  as  applicable to  the credit transaction  or  account: the 
costs  associated  with  credit  insurance  premiums;  fees  for  ancillary  products  sold  in  connection  with  the  credit 
transaction;  any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit  transactions  or 
accounts); and any participation fee charged (other than certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction 
fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed 
Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 
(TTY users call 1-800-659-5495). 

Doing business in South Dakota as Bank of the West California. 

 
 
By  requesting  or  accepting  any  Platinum  Mastercard  or 
Cash  Back  World  Mastercard  account  (individually  or 
collectively  called  “Credit  Card  account”  or  “Account”)  with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement and as applicable, the Bank of the West Cash 
Back Rewards Program Rules. In this Agreement, the words 
“you”  or  “your”  mean  everyone  who  has  requested  or 
accepted  a  Credit  Card  account  with  us.  The  words  “we,” 
“us,”  “our,”  or  “Bank”  mean Bank  of the West.  If you  do  not 
accept this Agreement or Program Rules, you must notify us 
in writing within 5 days after receipt. Use of your card or any 
feature  (including  a  balance  transfer)  of  your  Credit  Card 
Agreement  shall  constitute  acceptance  of  this  Agreement 
and Program Rules. 

1.  Use.  Your  Platinum  Mastercard  or  Cash  Back  World 
Mastercard (individually or collectively called “Card”) may be 
used as a credit card for purchases of goods or services from 
participating  merchants  (“Purchases”)  or 
to  get  Cash 
Advances from us or any other financial institution displaying 
the “MasterCard” logo, or to purchase certain items such as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers,  lottery tickets,  and  (except as  noted  below)  funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively referred to as “Cash Advances”) up to your Credit 
Limit; provided,  however,  you may  not  use  your  Card  (i) to 
make  Purchases  or  obtain  Cash  Advances  for  any  illegal 
transaction,  or  (ii)  for  any  internet  or  online  gambling 
transactions.  Transactions for online or internet gambling will 
not  be  approved.  If  you  use  your  Card  for  any  illegal  or 
prohibited transaction,  this  Agreement  also  applies to such 
transaction and you agree to pay any and all amounts related 
to such transaction pursuant to the terms of this Agreement. 
We may, in our sole discretion, restrict the use of or terminate 
your  Card  if  we  notice  excessive  use  of your  Card  or  other 
suspicious  activities  or if  we  reasonably  believe  the  Card  is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions. You can also obtain a Cash Advance by writing 
a  special  Mastercard  check  (“Convenience  Check”).  The 
Cash  Advance  will  be  posted  to  your  Credit  Card  account 
when  the  Convenience  Check  reaches  us.  If  you  stop 
payment on a Convenience Check, your Credit Card account 
will be charged $16.00 (or as permitted by law) for each stop 
payment. We may designate that only a portion of your Credit 
Limit  is  available  for  Cash  Advances.  In  addition,  you  may 
request  that  we  pay  other  creditors  on  your  behalf  and 
transfer  approved  amounts  to  your  Account  (“Balance 
Transfers”). 

Your Card may also be used in certain automated terminals 
to  gain  access  to  your  Credit  Card  accounts.  We  have  no 
responsibility  for  the  failure  of  any  machine,  merchant, 
financial  institution,  or  any  other  party  to  honor  your  Card. 
Your  Card  and  Credit  Card  account  may  be  used  only  for 
valid and lawful purposes. If you use or allow someone else 
to use the Card or Credit Card account for any other purpose, 
you will be responsible for such use and may be required to 
reimburse us for all amounts or expenses we pay as a result 
of such use. 

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each  Credit  Card  account you  have  with  us. You  agree  that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately, and we may reduce the available Credit Limit of 
any  other  Credit  Card  account you  have  with  us  until such 
time the excess amount is repaid. You may apply to increase 
your  Credit  Limit  at  any  time  but  we  are  not  obligated  to 
increase  your  Credit  Limit  at  any  time.  Furthermore,  we 
reserve  the  right to lower your  Credit Limit  at  any time.  For 
security  reasons,  we  may  limit  the  number  or  amount  of 
transactions  that  may  be  accomplished  with  your  Card  or 
Credit  Card  account,  and  we  have  the  right  to  limit 
authorizations to make transactions if we consider it 

BW-CCAG (Rev. 10/2020) 

CREDIT  CARD AGREEMENT 
(Pe rsonal Accounts) 

necessary  to  verify  Payments  received  on your  Credit  Card 
account. If we accept a payment from you in excess of your 
outstanding  balance, your  available  Credit  Limit  will  not  be 
increased  by the  amount  of the  overpayment nor  will  we  be 
required to authorize transactions for an amount in excess of 
your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such  as car  rental  companies  and  hotels, may request  prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily  be  reduced  by  the  amount  authorized  by  us.  If 
you do not ultimately use your Credit Card account to pay for 
your Purchases or if the actual amount of Purchases posted 
to  your  Credit  Card  account  varies  from  the  estimated 
amount  approved  by  us,  it  is  the  responsibility  of  the 
merchant,  not  us, to cancel the  prior  credit  approval  based 
on  the  estimated  amount.  The  failure  of  the  merchant  to 
cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement  to  Pay. When you  use your  Card  or  Credit 
Card account, or when you permit anyone to use it, you agree 
to pay the amount of any and all transactions (including any 
which  may  have  been  made  in  violation  of  this Agreement), 
and  the  INTEREST  CHARGES,  and  fees that may  become 
due as shown on the periodic statement. You agree that we 
may change or cancel your Credit Card account at any time 
without affecting your obligation to pay the amounts that you 
owe under this Agreement. 

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with us covering the previous billing period. We may not send 
you  a  statement  if  your  balance  is  less  than  $1  and  there 
were no transactions during the billing period. The statement 
will  have  a  “Statement  Period  Date”,  “Statement  Closing 
Date” and a “Payment Due Date,” and will show, among other 
things,  your  “Previous  Balance,”  your  “New  Balance,”  and 
your  minimum  monthly  payment,  which  will  be  shown  as 
“Minimum Payment Due.” 

6. Payment. You  must make  a  payment  by  the  “Payment 
Due  Date.”  You  have  two choices: You  may  pay the  entire 
“New  Balance”  or you  may  pay  in  installments  by  paying  at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.  The 
Minimum Payment is applied first to fees, then to INTEREST 
CHARGES  and  finally  to  principal.  We  apply  the  Minimum 
Payment to balances with lower APRs, including introductory 
APRs, before balances with higher APRs. Payments made in 
excess  of  the  Minimum  Payment  will  be  applied  first  to 
balances  with  the  highest  ANNUAL  PERCENTAGE  RATE 
(APR) and then to each successive balance bearing the next 
highest ANNUAL PERCENTAGE RATE. 

Payments must be mailed to the BankCard Center address 
specified in your periodic statement and reach the BankCard 
Center during  our  regular  business day  by  5:00  p.m. Pacific 
Time for the payment to be credited the same business day. 
Payments made  in  person  at  one  of our  branches,  or made 
by  telephone,  or  made  through  our  website  or  another 
website  controlled  by  a  third  party  on  our  behalf  must  be 
received  by  5:00  p.m.  Pacific  Time  to  be  credited  the same 
business day. Payments received after the cutoff time of 5:00 
p.m. Pacific  Time  are credited  as  of  the  following  business 
day. If you fail to properly make payments, crediting of such 
payments may  be  delayed  and  you  may incur  late charges 
and  additional  interest  as  a  result  of the  delay.  Even  when 
your payment is credited to your Account, we may delay the 
availability of part or all of your payment amount as credit for 
up to 15 days. 

If  a  payment  is  returned to  us  for  any  reason,  we may 
apply  a  Returned Payment Fee  of  $27  for the  first  violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 

 
 
 
 
 
 
 
 
 
 
 
violation  within  the  next  six  billing  cycles.  If  the  Returned 
Payment Fee is greater than the Minimum Payment Due, the 
fee will be equal to the Minimum Payment Due. 

From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise  you  of the scope  and  duration  of the  applicable skip 
or promotional feature. When the skip or promotional feature 
ends, your  regular  rates  and  all  the terms  of the  Agreement 
will resume. 

7. Minimum Payment - Late Payment Fee. The “Minimum 
Payment Due” must be received by us by the “Payment Due 
Date.” If it is not, we may apply a Late Payment Fee of up to 
$27 for the first violation and up to $38 for each subsequent 
violation within the next six billing cycles. The Late Payment 
Fee for Iowa residents is up to $27 for the first violation and 
up  to  $30  for  each subsequent  violation  within  the next six 
billing cycles.  If  such charge  would  result  in  an  INTEREST 
CHARGE greater than the maximum allowed by law, we will 
only  charge  the  maximum  allowable  rate.  Your  Minimum 
Payment  Due  will  be  3%  of  the  New Balance  plus any  Late 
Payment  Fee  (with  a minimum  of the  lesser  of  $27  or your 
New Balance) and any amount over your credit limit and past 
due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the  entire  New Balance  by  the Payment  Due  Date.  If  we  do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES  on  all  other  balances,  including  Cash  Advances 
and Balance Transfers, begin on the transaction date and will 
be  assessed  even  if your  entire  New Balance  is  paid  by the 
Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We  figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the  periodic  rate  to the  “Average  Daily  Balance”  of 
each Balance Category on the Credit Card account, including 
current transactions. Balance Categories include Purchases, 
Balance  Transfers,  Cash Advances,  Introductory  Rates  and 
any  special  rate  offers  we  may  make  available  from time to 
time.  If you  are  charged  interest, the charge  will  be  no  less 
than  $1.00  (the  minimum  interest  charge  will  appear  as 
“Minimum Charge” in the fees section of your statement). 

a.  Average  Daily  Balance.  To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.  To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying  these Average  Daily Balances  by  the  applicable 
Daily Periodic  Rate,  and  then  we multiply  the  result  by the 
number of  days in the  billing  period.  To  determine the  Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE  RATE  for  each Balance  Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c.  Fixed  Rate.  Introductory  ANNUAL  PERCENTAGE 
RATES for Purchases, Balance Transfers or Cash Advances 
may vary, if applicable. Please refer to your Account Opening 
Disclosures  for  specific  introductory  period  and  ANNUAL 
PERCENTAGE  RATES  associated  with your  Account. After 
the 
Introductory  Period  ends,  your  regular  ANNUAL 
PERCENTAGE  RATES  for  Purchases,  Balances  Transfers 
or Cash Advances will apply. 

d. Variable  Rate.  The  current  ANNUAL  PERCENTAGE 
RATE for all variable rates is shown on the Account Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 

BW-CCAG (Rev. 10/2020) 

ANNUAL PERCENTAGE RATE may change each month on 
the first day of each of your billing cycles. Each date on which 
the  rate  of  interest could change  is  called  a  “Change  Date.” 
Changes will be based on changes in the “Index.” The Index 
is the Prime Rate published in the “Money Rates” table of The 
Wall  Street  Journal  on  the  business  day  immediately 
preceding  the  day  your  billing  cycle  ends.  If  the  Index  is  no 
longer available, we will choose a new index which is based 
upon comparable information and will give you notice of our 
choice. The ANNUAL PERCENTAGE RATE may increase or 
decrease each month if the Index changes. Any new rate will 
be applied as of the first day of your billing cycle during which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE increases, you will pay a higher INTEREST CHARGE, 
which may result in a higher minimum payment. 

The  interest  rate  for  Purchases  and Balance  Transfers 
on your Platinum Credit Card account is based on a variable 
rate equal to the sum of  the Index plus a  “Rate Spread” of 
11.74 
to  19.74  percentage  points,  based  on  your 
creditworthiness.  The  interest  rate  for  Purchases  (after  the 
Introductory  Period)  and  Balance  Transfers  on  your  Cash 
Back World Credit Card account is based on a variable rate 
equal to the sum of the Index plus a “Rate Spread” of 12.74 
to 19.74 percentage points, based on your creditworthiness. 
The  interest  rate  for  Cash  Advances  on  your  Account  is 
based on a variable rate equal to the sum of the Index plus a 
“Rate  Spread”  of  21.74  percentage  points.  Immediately 
before each Change Date we will determine the new interest 
rate by adding the Rate Spread to the Index. The new interest 
rate will become effective at the start of your first billing cycle 
after  the  Change  Date.  Only  one ANNUAL  PERCENTAGE 
RATE  and  Daily  Periodic  Rate  will  be  in  effect  for  each 
Balance  Category  during  the  billing  period.  The  ANNUAL 
PERCENTAGE  RATE  will  not  exceed  the  maximum  rate 
permitted by law. The effect of any increase in the ANNUAL 
PERCENTAGE RATE and the Daily Periodic Rate would be 
to  increase  the  amount  of  INTEREST  CHARGE  or  interest 
you must pay and thus increase your monthly payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate fees listed below (as permitted by applicable law) 
which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees due  to  us.  Cash Advance  fee:  4.00%  of  each 
Cash Advance, $10 minimum. Balance  Transfer  fee  4.00% 
of each balance transferred, $10 minimum. 

11.  Foreign Transaction Fee. Transactions that you make 
in a foreign currency or that you make outside of the United 
States  of  America  even  if  it  is  made  in  U.S.  dollars  are 
considered foreign transactions. If you make a transaction in 
a foreign currency it will be billed to you in U.S. Dollars. The 
conversion  rate  to  U.S.  Dollars  will  be  determined  by 
Mastercard  International  in  accordance  with  their  operating 
regulations or conversion procedures in effect at the time the 
transaction  is  processed.  Currently,  their  regulations  and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale market rate, whichever is applicable, in effect one 
day  prior to  the  processing  date. We  do  not  determine the 
currency  conversion  rate  which  is  used.  You  agree  to  pay 
the converted amount in U.S. funds. In addition, Mastercard 
will  charge  us  (the  Bank)  an  international  transaction  fee, 
currently  equal  to  one  percent  (1.00%)  of  the  transaction 
amount. We will charge you the international transaction fee 
imposed on us plus an additional two percent (2.00%) of the 
transaction  amount  whether  that  transaction  was  originally 
made  in  U.S.  dollars  or  was made  in  another currency and 
converted to U.S. dollars. These two fees will be aggregated 
and  shown  as  one  Foreign  Transaction  Fee  on  your 
statement. 

12.  Other Fees.  As  allowed  by  law,  we may charge,  and 
you agree to pay, fees for certain services or requests made 
by you, such as but not limited to: Automated Teller Machine 
(“ATM”) transactions conducted at machines not operated by 
us,  requests  for copies  of  billing statements,  sales  drafts,  or 
if  you  request  a 
other  records  of  your  Account,  or 
replacement  card(s).  However,  we  will  not  charge  fees  for 
copies  of  documents  requested  for  a  billing  dispute.  These 
fees may change from time to time.  We will inform you of the 
fee(s)  that you  will incur prior  to when  the applicable 

 
service(s) is(are) provided or when you make the request(s), 
as  applicable. You  authorize  us  to charge your  Credit  Card 
account  for  any such  fees that you incurs. We  reserve  the 
right to  waive  a  fee  from  time  to time  but  a  waiver  does  not 
mean we will continue to waive such fee in the future. 

13.  Interest  Charges  for  Covered  Members  of  the 
Armed  Forces  and  Their  Dependents:  Federal  law 
provides  important  protections  to  members  of  the  Armed 
Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces and his or her dependent may 
not exceed an ANNUAL PERCENTAGE RATE of 36%. This 
rate  must  include,  as  applicable  to  the  credit  transaction  or 
insurance 
the  costs  associated  with  credit 
account: 
premiums; fees for ancillary products sold in connection with 
the credit transaction; any application fee charged (other than 
certain  application  fees  for  specified  credit  transactions  or 
accounts);  and  any  participation  fee  charged  (other  than 
certain participation fees for a credit card account). 

If  you  are  a  covered  member  of  the  armed  forces  or  a 
dependent, you will not be charged annual fees, transaction 
fees,  or  penalty  fees so  that your cost  may  not  exceed the 
Military  Lending  Act  ANNUAL  PERCENTAGE  RATE  cap. 
Armed  Forces  members  and  their  dependents  can  hear 
about the protections provided to them by calling 1-866-761- 
2689 (TTY  users call 1-800-659-5495). 

14.  Default. We may declare the entire balance for all 
Credit Card accounts due and payable at once with or without 
notice  or  demand  if  any  of  these  events  (a  “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately  repay the  entire  unpaid  balance  of  all  amounts 
due on your Credit Card account, including but not limited to 
all  loan  amounts,  late charges  and  other charges  assessed 
but  not  paid,  and  all  of the  INTEREST  CHARGES  accrued 
but  not  paid.  If  we terminate your  Credit  Card  account, your 
obligation  to  repay  the amounts you  already  owe us  would 
continue. 

At  our  option,  we  may  also  take  action  short  of 
terminating your Credit Card account. If we take such lesser 
action initially,  we  reserve  the  right to terminate your  Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement regardless of whether any additional events have 
occurred which would permit termination and acceleration. 

15.  Automated Terminal Services 

a. Automated Terminals. You may use your Card in the 

following automated terminals: 

(1) Any Bank of the West automated teller machines. 
is 
(2) Any  other  automated  teller  machine 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

that 

(3) Any point-of-sale terminal that accepts our Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 

(1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get a Cash Advance from your Credit Card 

account. 

(b) Get your  Credit  Card  account  balances.  These 
balances  may  not  include some  transactions  recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a POS  terminal to 
purchase certain merchandise. The amount of your purchase 
will automatically be charged to your Credit Card account as 
a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances. You may get a Cash Advance from a Bank of the 
West Automated Terminal up  to  an  aggregate  amount  of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which you use your Card in 

BW-CCAG (Rev. 10/2020) 

an automated terminal, or the use of the Card by anyone else 
who uses it with your permission. Security in use of the Card 
is provided by the secret code, which we will provide you, and 
the  magnetically  encoded  stripe  on  the  Card.  Please  keep 
the Card safe and also protect the secret code. Use the Card 
and  the secret code  as instructed  at  all  times. Please  notify 
us  of  any mechanical  or  operating  failure in  connection  with 
the use of your Card. Do not permit anyone else to use your 
Card and do not disclose your secret code or record it on the 
Card. The Card remains the property of the Bank and can be 
revoked  and  repossessed  at  any  time.  You must  return  it to 
us when asked. 

e. Fees for Using Automated Terminal Services. Fees 
may  be  charged  for  transactions  made  at  automated  teller 
machines not operated by us as described in paragraph 12- 
Other Fees. 

16.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use of 
your Card as a credit card which occurs after you notify us at 
the  telephone  number  or  address  stated  in  paragraph  17, 
orally  or  in  writing,  of  loss,  theft,  or  possible  unauthorized 
use.  In  any case,  your  liability  for  unauthorized  use  of your 
Card as a credit card will not exceed $50.00. 

17.  Where  to  Call  or Write.  If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call:  1-800-
996-2638  (for  TTY call  1-800-659-5495)  or  write  to:  Bank  of 
the  West,  BankCard  Security  Department,  PO  Box  2078, 
Omaha, NE 68103-2078. 

18.  Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

19.  Credit  Investigation and  Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported  inaccurate  information  about  you  to  a credit 
bureau, please call us at 1-800-996-2638 (for TTY call 1-800- 
659-5495). As  required  by  law, you  are  hereby  notified  that 
a negative credit report reflecting on your credit history may 
be  submitted to  a credit  reporting  agency if  you  fail  to  fulfill 
the terms of your credit obligations. 

20.  Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you  have  given  us  a specific security  interest in connection 
with  this Agreement,  which  is  described  on the Supplement 
attached to this Agreement. 

21.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

22.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect  from  or  sue  any  one  of you,  or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without giving up our rights against the other. You understand 
that  any  one  of  you  can  make  Purchases,  get  Cash 
Advances,  or  perform  Balance  Transfers  under 
this 
Agreement which will be binding upon all of you. 

23.  Compliance  with  Laws/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those relating to anti-bribery, anti-money laundering, the fight 
against terrorism,  and sanctions  (“Sanctions”),  that  apply to 
the Bank or BNP Paribas S.A. You represent that you are not 
the target of Sanctions. You agree to hold the Bank harmless 
from liability for any actions taken by the Bank to comply with 
applicable laws and regulations, including Sanctions. 

24.  No Waiver of Rights. If we choose to waive any of the 
terms  or  conditions  of  this  Agreement  on  a  case-by-case 
basis, such as by not declaring the entire balance due when 
the  minimum monthly  payment  has  not  been  made  on  time, 
it does not mean that we have waived, or given up, our right 
to  exercise  any  of  our  rights  or  remedies  under  this 
Agreement in  the  future.  We are  not  required  to  use  any 

 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts  due  to  us  under  this Agreement.  No indulgence  or 
acceptance by us of delinquent or partial payments constitute 
a  waiver  of  our  rights  or  of  any  provision  of  this Agreement. 
No  waiver  of  any  existing  default shall  be  deemed to  waive 
any subsequent default. 

25.  Changing  Terms.  We  can change,  add to,  delete  or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable law) 
before  the  effective  date  of the  change. We  do  not have  to 
send you  an  advance  notice  of the change  if  it  favors  you, 
such as by reducing rates, or increasing the maximum credit 
limit.  Except  in  cases  where  we  are changing terms  due  to 
the Minimum Payment Due not being received within 60 days 
of  the  Payment  Due  Date, you  agree that the change may 
cover all transactions made 15 days after we mail the notice. 
If you do not agree to the change, a method for rejecting the 
change  and  closing  the  Account  will  be  provided  in  the 
Change  of  Terms  Notice.  You  agree  that  if  you  use  your 
card after the effective date of the change, this will constitute 
your agreement with the change. 

26.  Canceling  this  Agreement.  We  have  the  right  to 
cancel this Agreement at any time by sending a notice to any 
one of you in writing. You also have the same right to cancel 
this Agreement at any time by sending us a notice in writing 
or  calling  the BankCard  Center  at  1-800-996-2638  (for  TTY 
call 1-800-659-5495). If this Agreement is canceled by you or 
us,  your  obligation  is  to  repay  amounts  you  already  owe 
under  this  Agreement.  In  either  case,  the  Account  will  be 
closed and you will no longer have access to the Account. 

27.  Governing Law.  This Agreement will be governed by 
the laws of the State of Nebraska, and, as applicable, federal 
law, regardless of where the transactions are made. 

28.  Monitoring/Recording  Telephone  Calls.  Our 
to  and  record  your 
supervisory  personnel  may  listen 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

29.  Severability.  All  other  provisions  of  this  Agreement 
shall remain in full force even if one or more provisions of this 
Agreement are held invalid, illegal, void or unenforceable by 
any rule or law, administrative order or judicial decision. 

30.  Authorized  User.  If  you  elect  to  have  an  authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any  authorized  user  is  not  a contractually 
liable party. 
31.  Our  Communications  with  You.  You  agree  that  we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your  banking services  to assure  the  quality  of  our 
service or for other reasons. You expressly consent that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  use  written,  electronic,  or  verbal 
means,  or  any  other  medium,  as  permitted  by  law  and 
including,  but  not  limited  to,  mail  and  facsimile,  to  contact 
you. Your consent includes,  but  is  not  limited  to, contact  by 
manual  calling  methods,  prerecorded  or  artificial  voice 
text  messages,  e-mails  and/or  automatic 
messages, 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
affiliates,  agents, 
independent  contractors  or  service 
providers  may  contact  you  by  using  any  e-mail  or  any 
telephone 
telephone  number  you  provide, 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result. 
32.  RESOLUTION  OF  DISPUTES  BY  ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
PARTICIPATE 
ANY  CLASS  OR  OTHER 
REPRESENTATIVE ACTION. 

including  a 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved  through  the  binding  arbitration  process set  forth  in 
this arbitration provision upon demand by either you or us. 

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise  provided,  any  dispute  relating to  or  arising  out  of 
your Account or this Agreement, including any aspect of any 

BW-CCAG (Rev. 10/2020) 

include 

relief)  sought.  Disputes 

agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly  provided,  all  disputes are subject  to  arbitration  no 
matter the legal theory or remedy (damages, or injunctive or 
declaratory 
(1)  any 
unresolved  claims concerning  any services  relating to your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers, Cash Advances, INTEREST CHARGES, your use 
of any of our banking locations or facilities, or any means you 
use to access your Account; (2) any claims that arose before 
you  and  we  entered  into  this Agreement  (such  as  disputes 
related  to  advertising)  and  after  the  termination  of  this 
Agreement; (3) not only claims made directly by you, but also 
made by anyone connected with you or claiming through you, 
such  as  an  authorized  user,  a  beneficiary,  employee, 
representative,  agent,  predecessor  or  successor,  heir, 
assignee,  or  trustee in  bankruptcy;  (4)  not  only claims  that 
relate  directly 
to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and claims 
for  which  we  may  be  directly  or indirectly  liable,  even  if  we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, cross-claims, third party claims, interpleaders 
or  otherwise;  (6)  claims  made  as  part  of  a  class  action  or 
other representative action, being expressly understood and 
agreed  that  arbitration  of  such  claims  must  proceed  on  an 
individual  (non-class,  non-representative)  basis;  and  (7) 
claims  relating  to  the  enforceability  or  interpretation  of  this 
arbitration  provision.  A  party  who  initiates  a  proceeding  in 
court  may  elect  arbitration  with  respect  to  any  dispute 
advanced  in  that  proceeding  by  any  other  party.  This 
arbitration  provision  shall  survive  any  termination  of  this 
Agreement or your Account. 

c.  Disputes  Not  Covered  By  Arbitration.  Disputes 
filed  by you  or  by  us  individually  in  a small  claims court  are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief. 

d.  Opt  Out.  You  have  the  right to  opt  out  of  arbitration 
by  sending  a  signed  written  notice  stating  your  decision  to 
opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778- 
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, including JAMS’ Consumer Minimum Standards 
(but  not  JAMS’  Class  Action  Procedures),  available  at 
www.jamsadr.com or 1-800-352-5267. 

f.  Arbitration  Procedure.  Arbitration shall  be  decided 
by  a  single  neutral  arbitrator  selected  in  accordance  with 
AAA’s  or  JAMS’  rules,  as  applicable.  The  arbitrator  will 
decide  the  dispute  in  accordance  with  the  terms  of  our 
agreements  and  applicable  substantive  law,  including  the 
Federal Arbitration  Act  and  applicable statutes  of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages  or  other  relief  (including  injunctive  relief)  available 
to the individual claimant under applicable law. The arbitrator 
will not  have  the  authority to  award  relief to,  or  against,  any 
person or entity who is not a party to the arbitration. An award 
in  arbitration  shall  determine  the  rights  and  obligations 
between the named parties only, and only with respect to the 
dispute in  arbitration  and shall  not  have  any  bearing  on the 
rights  and  obligations  of  any  other  persons,  or  on  the 
resolution  of  any  other  dispute.  The  arbitrator  will  take 
reasonable  steps  to  protect  your  Account  information  and 
other  proprietary  or  confidential  information.  Any  arbitration 
hearing shall take place in the same city as the U.S. District 
Court closest to your home address, unless the parties agree 
in writing to a different location or the arbitrator so orders. If 

 
the  arbitrator, 

you seek a total recovery of $10,000 or less, you may choose 
whether the arbitration will be conducted solely on the basis 
of  documents  submitted 
through  a 
to 
telephonic hearing, or by an in-person hearing in accordance 
with  AAA’s  or  JAMS’  rules.  At  your  or  our  request,  the 
arbitrator  will  issue  a  reasoned  written  decision sufficient to 
explain the  essential  findings  and conclusions  on  which the 
award  is  based.  The  arbitrator’s  award  shall  be  final  and 
binding, subject to  judicial  review  only  to  the  extent  allowed 
under  the  Federal  Arbitration  Act.  You  or  we  may  seek  to 
have  the  award  vacated  or  confirmed  and  entered  as  a 
judgment in any court with jurisdiction. 

g.  No Class Action or Joinder of Parties. You and we 
agree  that  no class  action,  private  attorney  general or  other 
representative  claims may  be  pursued  in  arbitration  and  no 
such action may be pursued in court if either you or we elect 
arbitration. Unless mutually agreed to by you and us, claims 
of  two  or more  persons  may  not  be  joined, consolidated,  or 
otherwise  brought  together  in  the  same  arbitration  (unless 
those  persons  are  joint  account  holders  or beneficiaries  on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek  a  public  injunction  in  arbitration  or  in court,  if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth  in  any  part  of  this  arbitration  provision)  is  found to  be 
invalid  or  unenforceable,  and  that  decision is  not  reversed 
on  appeal,  any claim  for  a  public  injunction  will  be  decided 
in court  after  all  other  disputes to  be decided in arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered in court. In no event will a claim for public injunctive 
relief  be  arbitrated.  As set  forth  in  “Severability”  below, the 
invalidity or unenforceability of this paragraph will not affect 
the  validity  or  enforceability  of  the  remainder  of  this 
arbitration provision. 

the 

i.  Arbitration  Costs.  We  will  pay 

filing, 
administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration  Fees”) that  we  are  required to  pay pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect to Arbitration Fees that you are required to pay under 
the  arbitration  forum’s  rules  in connection  with  an  individual 
arbitration you have commenced against us, if you would like 
us to consider paying them because you are unable to do so, 
you must first request a waiver or reduction of the Arbitration 
Fees  from  the  arbitration  forum.  If  the  request  is  denied  or 
you  remain  unable  to  pay the  reduced Arbitration Fees,  we 
will consider  paying  them  if  we  receive  a  written  request  by 
you  sent  to  Bank  of  the  West  Legal  Department,  180 
Montgomery Street, San Francisco, California 94104. 

j.  Applicable  Law.  You  and  we  are  participating  in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  provision  and  any  resulting  arbitration  are 
governed  by  the Federal  Arbitration  Act.  To the  extent state 
law  applies,  the  laws  of  the  state  governing  your  Account 
relationship  apply.  No state statute  pertaining  to  arbitration 
shall apply. 

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
regarding 
joinder,  consolidation,  class  actions,  class 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

Your Billing Rights 

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: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
In your letter, give us the following information: 
•  Account information: Your name and Credit Card 

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  [or 
electronically].  You  may  call  us,  but  if  you  do  we  are  not 
required to investigate any potential errors and you may have 
to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1. Within  30  days  of  receiving  your letter,  we must tell you 
that  we  received your  letter. We will also  tell  you if  we  have 
already corrected the error. 

2.  Within  90  days  of  receiving  your  letter,  we must  either 
correct  the  error  or  explain to  you  why  we  believe  the  bill  is 
correct.  While  we  investigate  whether  or  not  there  has 
been an error: 

•  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
•  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

•  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

•  We can apply any unpaid amount against your 

credit limit. 

After we finish our investigation, one of two things will 

happen: 

• 

• 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have  to pay the amount in question, along with 
applicable interest and fees. We will send you a 
statement of the amount you owe and the date 
payment is due. We may then report you as 
delinquent if you do not pay the amount we think 
you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill  is 
wrong, you must write to us within 10 days telling us that you 
still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as 
delinquent  without  also  reporting  that  you  are  questioning 
your  bill. We must  tell  you the  name  of anyone to  whom  we 
reported  you  as  delinquent,  and  we  must 
let  those 
organizations  know  when  the  matter  has  been  settled 
between us. 

BW-CCAG (Rev. 10/2020) 

 
 
 
 
 
 
 
If we do not follow all of the rules above, you do not have to 
pay the first $50 of the amount you question even if your bill 
is correct. 

Your  Rights  If  You  Are  Dissatisfied  With  Your  Credit 

Card Purchases 

If  you  are  dissatisfied  with  the  goods  or  services that you 
have  purchased  with your credit card  and you  have  tried in 
good faith to correct the problem with the merchant, you may 
have  the  right  not to  pay  the  remaining  amount  due on the 
purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state 
or  within  100  miles  of your current  mailing  address,  and the 
purchase  price  must  have  been  more  than  $50.  (Note: 
Neither  of  these  are necessary  if  your  purchase  was  based 
on  an  advertisement  we  mailed  to  you,  or  if  we  own  the 
company that sold you the goods or services.) 

2.  You must  have  used your credit card  for the  purchase. 
Purchases made with cash advances from an ATM or with a 
check that accesses your Credit Card account do not qualify. 

3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

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. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which  the  debtor could  assert  against the  seller  of  goods  or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery  hereunder  by  the  debtor shall  not  exceed 
amounts paid by the debtor hereunder. 

BW-CCAG (Rev. 10/2020) 

 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Cash Back World Mastercard® Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first fifteen months. 

After that, your APR will be 15.99% to 22.99%, based on your 
creditworthiness. 

APR for Balance Transfers 

0.00% Introductory APR for the first fifteen months. 

This APR will vary with the market based on the Prime Rate. 

After that, your APR will be 15.99% to 22.99%, based on your 
creditworthiness. 

APR for Cash Advances 

24.99% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

None 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month. We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau 
at http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

None 

•  Balance Transfer 

Either $10 or 4%  of the amount of each transfer, whichever is greater. 

•  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

•  Foreign Transaction 

3%  of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

•  Late Payment 

Up to $38 (Varies by State. See next page for details.). 

•  Returned Payment 

Up to $38 (Varies by State. See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” 
See your Credit Card Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your Credit 
Card Agreement. 

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the next 
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next 
six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum 
Payment Due. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the 
next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the 
next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

Interest Charges for Covered  Members of the Armed Forces and Their Dependents: Federal law provides important 
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the 
cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage 
rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated with credit 
insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged 
(other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or 
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members 
and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659- 
5495). 

Doing business in South Dakota as Bank of the West California. 

 
 
 
By  requesting  or  accepting  any  Platinum  Mastercard  or 
Cash  Back  World  Mastercard  account  (individually  or 
collectively  called  “Credit  Card  account”  or  “Account”)  with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement and as applicable, the Bank of the West Cash 
Back Rewards Program Rules. In this Agreement, the words 
“you”  or  “your”  mean  everyone  who  has  requested  or 
accepted  a  Credit  Card  account  with  us.  The  words  “we,” 
“us,”  “our,”  or  “Bank”  mean Bank  of the West.  If you  do  not 
accept this Agreement or Program Rules, you must notify us 
in writing within 5 days after receipt. Use of your card or any 
feature  (including  a  balance  transfer)  of  your  Credit  Card 
Agreement  shall  constitute  acceptance  of  this  Agreement 
and Program Rules. 

1.  Use.  Your  Platinum  Mastercard  or  Cash  Back  World 
Mastercard (individually or collectively called “Card”) may be 
used as a credit card for purchases of goods or services from 
participating  merchants  (“Purchases”)  or 
to  get  Cash 
Advances from us or any other financial institution displaying 
the “MasterCard” logo, or to purchase certain items such as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers,  lottery tickets,  and  (except as  noted  below)  funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively referred to as “Cash Advances”) up to your Credit 
Limit; provided,  however,  you may  not  use  your  Card  (i) to 
make  Purchases  or  obtain  Cash  Advances  for  any  illegal 
transaction,  or  (ii)  for  any  internet  or  online  gambling 
transactions.  Transactions for online or internet gambling will 
not  be  approved.  If  you  use  your  Card  for  any  illegal  or 
prohibited transaction,  this  Agreement  also  applies to such 
transaction and you agree to pay any and all amounts related 
to such transaction pursuant to the terms of this Agreement. 
We may, in our sole discretion, restrict the use of or terminate 
your  Card  if  we  notice  excessive  use  of your  Card  or  other 
suspicious  activities  or if  we  reasonably  believe  the  Card  is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions. You can also obtain a Cash Advance by writing 
a  special  Mastercard  check  (“Convenience  Check”).  The 
Cash  Advance  will  be  posted  to  your  Credit  Card  account 
when  the  Convenience  Check  reaches  us.  If  you  stop 
payment on a Convenience Check, your Credit Card account 
will be charged $16.00 (or as permitted by law) for each stop 
payment. We may designate that only a portion of your Credit 
Limit  is  available  for  Cash  Advances.  In  addition,  you  may 
request  that  we  pay  other  creditors  on  your  behalf  and 
transfer  approved  amounts  to  your  Account  (“Balance 
Transfers”). 

Your Card may also be used in certain automated terminals 
to  gain  access  to  your  Credit  Card  accounts.  We  have  no 
responsibility  for  the  failure  of  any  machine,  merchant, 
financial  institution,  or  any  other  party  to  honor  your  Card. 
Your  Card  and  Credit  Card  account  may  be  used  only  for 
valid and lawful purposes. If you use or allow someone else 
to use the Card or Credit Card account for any other purpose, 
you will be responsible for such use and may be required to 
reimburse us for all amounts or expenses we pay as a result 
of such use. 

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each  Credit  Card  account you  have  with  us. You  agree  that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately, and we may reduce the available Credit Limit of 
any  other  Credit  Card  account you  have  with  us  until such 
time the excess amount is repaid. You may apply to increase 
your  Credit  Limit  at  any  time  but  we  are  not  obligated  to 
increase  your  Credit  Limit  at  any  time.  Furthermore,  we 
reserve  the  right to lower your  Credit Limit  at  any time.  For 
security  reasons,  we  may  limit  the  number  or  amount  of 
transactions  that  may  be  accomplished  with  your  Card  or 
Credit  Card  account,  and  we  have  the  right  to  limit 
authorizations to make transactions if we consider it 

BW-CCAG (Rev. 10/2020) 

CREDIT  CARD AGREEMENT 
(Pe rsonal Accounts) 

necessary  to  verify  Payments  received  on your  Credit  Card 
account. If we accept a payment from you in excess of your 
outstanding  balance, your  available  Credit  Limit  will  not  be 
increased  by the  amount  of the  overpayment nor  will  we  be 
required to authorize transactions for an amount in excess of 
your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such  as car  rental  companies  and  hotels, may request  prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily  be  reduced  by  the  amount  authorized  by  us.  If 
you do not ultimately use your Credit Card account to pay for 
your Purchases or if the actual amount of Purchases posted 
to  your  Credit  Card  account  varies  from  the  estimated 
amount  approved  by  us,  it  is  the  responsibility  of  the 
merchant,  not  us, to cancel the  prior  credit  approval  based 
on  the  estimated  amount.  The  failure  of  the  merchant  to 
cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement  to  Pay. When you  use your  Card  or  Credit 
Card account, or when you permit anyone to use it, you agree 
to pay the amount of any and all transactions (including any 
which  may  have  been  made  in  violation  of  this Agreement), 
and  the  INTEREST  CHARGES,  and  fees that may  become 
due as shown on the periodic statement. You agree that we 
may change or cancel your Credit Card account at any time 
without affecting your obligation to pay the amounts that you 
owe under this Agreement. 

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with us covering the previous billing period. We may not send 
you  a  statement  if  your  balance  is  less  than  $1  and  there 
were no transactions during the billing period. The statement 
will  have  a  “Statement  Period  Date”,  “Statement  Closing 
Date” and a “Payment Due Date,” and will show, among other 
things,  your  “Previous  Balance,”  your  “New  Balance,”  and 
your  minimum  monthly  payment,  which  will  be  shown  as 
“Minimum Payment Due.” 

6. Payment. You  must make  a  payment  by  the  “Payment 
Due  Date.”  You  have  two choices: You  may  pay the  entire 
“New  Balance”  or you  may  pay  in  installments  by  paying  at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.  The 
Minimum Payment is applied first to fees, then to INTEREST 
CHARGES  and  finally  to  principal.  We  apply  the  Minimum 
Payment to balances with lower APRs, including introductory 
APRs, before balances with higher APRs. Payments made in 
excess  of  the  Minimum  Payment  will  be  applied  first  to 
balances  with  the  highest  ANNUAL  PERCENTAGE  RATE 
(APR) and then to each successive balance bearing the next 
highest ANNUAL PERCENTAGE RATE. 

Payments must be mailed to the BankCard Center address 
specified in your periodic statement and reach the BankCard 
Center during  our  regular  business day  by  5:00  p.m. Pacific 
Time for the payment to be credited the same business day. 
Payments made  in  person  at  one  of our  branches,  or made 
by  telephone,  or  made  through  our  website  or  another 
website  controlled  by  a  third  party  on  our  behalf  must  be 
received  by  5:00  p.m.  Pacific  Time  to  be  credited  the same 
business day. Payments received after the cutoff time of 5:00 
p.m. Pacific  Time  are credited  as  of  the  following  business 
day. If you fail to properly make payments, crediting of such 
payments may  be  delayed  and  you  may incur  late charges 
and  additional  interest  as  a  result  of the  delay.  Even  when 
your payment is credited to your Account, we may delay the 
availability of part or all of your payment amount as credit for 
up to 15 days. 

If  a  payment  is  returned to  us  for  any  reason,  we may 
apply  a  Returned Payment Fee  of  $27  for the  first  violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 

 
 
 
 
 
 
 
 
 
 
 
violation  within  the  next  six  billing  cycles.  If  the  Returned 
Payment Fee is greater than the Minimum Payment Due, the 
fee will be equal to the Minimum Payment Due. 

From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise  you  of the scope  and  duration  of the  applicable skip 
or promotional feature. When the skip or promotional feature 
ends, your  regular  rates  and  all  the terms  of the  Agreement 
will resume. 

7. Minimum Payment - Late Payment Fee. The “Minimum 
Payment Due” must be received by us by the “Payment Due 
Date.” If it is not, we may apply a Late Payment Fee of up to 
$27 for the first violation and up to $38 for each subsequent 
violation within the next six billing cycles. The Late Payment 
Fee for Iowa residents is up to $27 for the first violation and 
up  to  $30  for  each subsequent  violation  within  the next six 
billing cycles.  If  such charge  would  result  in  an  INTEREST 
CHARGE greater than the maximum allowed by law, we will 
only  charge  the  maximum  allowable  rate.  Your  Minimum 
Payment  Due  will  be  3%  of  the  New Balance  plus any  Late 
Payment  Fee  (with  a minimum  of the  lesser  of  $27  or your 
New Balance) and any amount over your credit limit and past 
due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the  entire  New Balance  by  the Payment  Due  Date.  If  we  do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES  on  all  other  balances,  including  Cash  Advances 
and Balance Transfers, begin on the transaction date and will 
be  assessed  even  if your  entire  New Balance  is  paid  by the 
Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We  figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the  periodic  rate  to the  “Average  Daily  Balance”  of 
each Balance Category on the Credit Card account, including 
current transactions. Balance Categories include Purchases, 
Balance  Transfers,  Cash Advances,  Introductory  Rates  and 
any  special  rate  offers  we  may  make  available  from time to 
time.  If you  are  charged  interest, the charge  will  be  no  less 
than  $1.00  (the  minimum  interest  charge  will  appear  as 
“Minimum Charge” in the fees section of your statement). 

a.  Average  Daily  Balance.  To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.  To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying  these Average  Daily Balances  by  the  applicable 
Daily Periodic  Rate,  and  then  we multiply  the  result  by the 
number of  days in the  billing  period.  To  determine the  Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE  RATE  for  each Balance  Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c.  Fixed  Rate.  Introductory  ANNUAL  PERCENTAGE 
RATES for Purchases, Balance Transfers or Cash Advances 
may vary, if applicable. Please refer to your Account Opening 
Disclosures  for  specific  introductory  period  and  ANNUAL 
PERCENTAGE  RATES  associated  with your  Account. After 
the 
Introductory  Period  ends,  your  regular  ANNUAL 
PERCENTAGE  RATES  for  Purchases,  Balances  Transfers 
or Cash Advances will apply. 

d. Variable  Rate.  The  current  ANNUAL  PERCENTAGE 
RATE for all variable rates is shown on the Account Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 

BW-CCAG (Rev. 10/2020) 

ANNUAL PERCENTAGE RATE may change each month on 
the first day of each of your billing cycles. Each date on which 
the  rate  of  interest could change  is  called  a  “Change  Date.” 
Changes will be based on changes in the “Index.” The Index 
is the Prime Rate published in the “Money Rates” table of The 
Wall  Street  Journal  on  the  business  day  immediately 
preceding  the  day  your  billing  cycle  ends.  If  the  Index  is  no 
longer available, we will choose a new index which is based 
upon comparable information and will give you notice of our 
choice. The ANNUAL PERCENTAGE RATE may increase or 
decrease each month if the Index changes. Any new rate will 
be applied as of the first day of your billing cycle during which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE increases, you will pay a higher INTEREST CHARGE, 
which may result in a higher minimum payment. 

The  interest  rate  for  Purchases  and Balance  Transfers 
on your Platinum Credit Card account is based on a variable 
rate equal to the sum of  the Index plus a  “Rate Spread” of 
11.74 
to  19.74  percentage  points,  based  on  your 
creditworthiness.  The  interest  rate  for  Purchases  (after  the 
Introductory  Period)  and  Balance  Transfers  on  your  Cash 
Back World Credit Card account is based on a variable rate 
equal to the sum of the Index plus a “Rate Spread” of 12.74 
to 19.74 percentage points, based on your creditworthiness. 
The  interest  rate  for  Cash  Advances  on  your  Account  is 
based on a variable rate equal to the sum of the Index plus a 
“Rate  Spread”  of  21.74  percentage  points.  Immediately 
before each Change Date we will determine the new interest 
rate by adding the Rate Spread to the Index. The new interest 
rate will become effective at the start of your first billing cycle 
after  the  Change  Date.  Only  one ANNUAL  PERCENTAGE 
RATE  and  Daily  Periodic  Rate  will  be  in  effect  for  each 
Balance  Category  during  the  billing  period.  The  ANNUAL 
PERCENTAGE  RATE  will  not  exceed  the  maximum  rate 
permitted by law. The effect of any increase in the ANNUAL 
PERCENTAGE RATE and the Daily Periodic Rate would be 
to  increase  the  amount  of  INTEREST  CHARGE  or  interest 
you must pay and thus increase your monthly payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate fees listed below (as permitted by applicable law) 
which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees due  to  us.  Cash Advance  fee:  4.00%  of  each 
Cash Advance, $10 minimum. Balance  Transfer  fee  4.00% 
of each balance transferred, $10 minimum. 

11.  Foreign Transaction Fee. Transactions that you make 
in a foreign currency or that you make outside of the United 
States  of  America  even  if  it  is  made  in  U.S.  dollars  are 
considered foreign transactions. If you make a transaction in 
a foreign currency it will be billed to you in U.S. Dollars. The 
conversion  rate  to  U.S.  Dollars  will  be  determined  by 
Mastercard  International  in  accordance  with  their  operating 
regulations or conversion procedures in effect at the time the 
transaction  is  processed.  Currently,  their  regulations  and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale market rate, whichever is applicable, in effect one 
day  prior to  the  processing  date. We  do  not  determine the 
currency  conversion  rate  which  is  used.  You  agree  to  pay 
the converted amount in U.S. funds. In addition, Mastercard 
will  charge  us  (the  Bank)  an  international  transaction  fee, 
currently  equal  to  one  percent  (1.00%)  of  the  transaction 
amount. We will charge you the international transaction fee 
imposed on us plus an additional two percent (2.00%) of the 
transaction  amount  whether  that  transaction  was  originally 
made  in  U.S.  dollars  or  was made  in  another currency and 
converted to U.S. dollars. These two fees will be aggregated 
and  shown  as  one  Foreign  Transaction  Fee  on  your 
statement. 

12.  Other Fees.  As  allowed  by  law,  we may charge,  and 
you agree to pay, fees for certain services or requests made 
by you, such as but not limited to: Automated Teller Machine 
(“ATM”) transactions conducted at machines not operated by 
us,  requests  for copies  of  billing statements,  sales  drafts,  or 
if  you  request  a 
other  records  of  your  Account,  or 
replacement  card(s).  However,  we  will  not  charge  fees  for 
copies  of  documents  requested  for  a  billing  dispute.  These 
fees may change from time to time.  We will inform you of the 
fee(s)  that you  will incur prior  to when  the applicable 

 
service(s) is(are) provided or when you make the request(s), 
as  applicable. You  authorize  us  to charge your  Credit  Card 
account  for  any such  fees that you incurs. We  reserve  the 
right to  waive  a  fee  from  time  to time  but  a  waiver  does  not 
mean we will continue to waive such fee in the future. 

13.  Interest  Charges  for  Covered  Members  of  the 
Armed  Forces  and  Their  Dependents:  Federal  law 
provides  important  protections  to  members  of  the  Armed 
Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces and his or her dependent may 
not exceed an ANNUAL PERCENTAGE RATE of 36%. This 
rate  must  include,  as  applicable  to  the  credit  transaction  or 
insurance 
the  costs  associated  with  credit 
account: 
premiums; fees for ancillary products sold in connection with 
the credit transaction; any application fee charged (other than 
certain  application  fees  for  specified  credit  transactions  or 
accounts);  and  any  participation  fee  charged  (other  than 
certain participation fees for a credit card account). 

If  you  are  a  covered  member  of  the  armed  forces  or  a 
dependent, you will not be charged annual fees, transaction 
fees,  or  penalty  fees so  that your cost  may  not  exceed the 
Military  Lending  Act  ANNUAL  PERCENTAGE  RATE  cap. 
Armed  Forces  members  and  their  dependents  can  hear 
about the protections provided to them by calling 1-866-761- 
2689 (TTY  users call 1-800-659-5495). 

14.  Default. We may declare the entire balance for all 
Credit Card accounts due and payable at once with or without 
notice  or  demand  if  any  of  these  events  (a  “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately  repay the  entire  unpaid  balance  of  all  amounts 
due on your Credit Card account, including but not limited to 
all  loan  amounts,  late charges  and  other charges  assessed 
but  not  paid,  and  all  of the  INTEREST  CHARGES  accrued 
but  not  paid.  If  we terminate your  Credit  Card  account, your 
obligation  to  repay  the amounts you  already  owe us  would 
continue. 

At  our  option,  we  may  also  take  action  short  of 
terminating your Credit Card account. If we take such lesser 
action initially,  we  reserve  the  right to terminate your  Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement regardless of whether any additional events have 
occurred which would permit termination and acceleration. 

15.  Automated Terminal Services 

a. Automated Terminals. You may use your Card in the 

following automated terminals: 

(1) Any Bank of the West automated teller machines. 
is 
(2) Any  other  automated  teller  machine 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

that 

(3) Any point-of-sale terminal that accepts our Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 

(1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get a Cash Advance from your Credit Card 

account. 

(b) Get your  Credit  Card  account  balances.  These 
balances  may  not  include some  transactions  recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a POS  terminal to 
purchase certain merchandise. The amount of your purchase 
will automatically be charged to your Credit Card account as 
a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances. You may get a Cash Advance from a Bank of the 
West Automated Terminal up  to  an  aggregate  amount  of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which you use your Card in 

BW-CCAG (Rev. 10/2020) 

an automated terminal, or the use of the Card by anyone else 
who uses it with your permission. Security in use of the Card 
is provided by the secret code, which we will provide you, and 
the  magnetically  encoded  stripe  on  the  Card.  Please  keep 
the Card safe and also protect the secret code. Use the Card 
and  the secret code  as instructed  at  all  times. Please  notify 
us  of  any mechanical  or  operating  failure in  connection  with 
the use of your Card. Do not permit anyone else to use your 
Card and do not disclose your secret code or record it on the 
Card. The Card remains the property of the Bank and can be 
revoked  and  repossessed  at  any  time.  You must  return  it to 
us when asked. 

e. Fees for Using Automated Terminal Services. Fees 
may  be  charged  for  transactions  made  at  automated  teller 
machines not operated by us as described in paragraph 12- 
Other Fees. 

16.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use of 
your Card as a credit card which occurs after you notify us at 
the  telephone  number  or  address  stated  in  paragraph  17, 
orally  or  in  writing,  of  loss,  theft,  or  possible  unauthorized 
use.  In  any case,  your  liability  for  unauthorized  use  of your 
Card as a credit card will not exceed $50.00. 

17.  Where  to  Call  or Write.  If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call:  1-800-
996-2638 (for TTY call 1-800-659-5495) or write to: Bank of 
the  West,  BankCard  Security  Department,  PO  Box  2078, 
Omaha, NE 68103-2078. 

18.  Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

19.  Credit  Investigation and  Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported  inaccurate  information  about  you  to  a credit 
bureau, please call us at 1-800-996-2638 (for TTY call 1-800- 
659-5495). As  required  by  law, you  are  hereby  notified  that 
a negative credit report reflecting on your credit history may 
be  submitted to  a credit  reporting  agency if  you  fail  to  fulfill 
the terms of your credit obligations. 

20.  Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you  have  given  us  a specific security  interest in connection 
with  this Agreement,  which  is  described  on the Supplement 
attached to this Agreement. 

21.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

22.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect  from  or  sue  any  one  of you,  or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without giving up our rights against the other. You understand 
that  any  one  of  you  can  make  Purchases,  get  Cash 
Advances,  or  perform  Balance  Transfers  under 
this 
Agreement which will be binding upon all of you. 

23.  Compliance  with  Laws/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those relating to anti-bribery, anti-money laundering, the fight 
against terrorism,  and sanctions  (“Sanctions”),  that  apply to 
the Bank or BNP Paribas S.A. You represent that you are not 
the target of Sanctions. You agree to hold the Bank harmless 
from liability for any actions taken by the Bank to comply with 
applicable laws and regulations, including Sanctions. 

24.  No Waiver of Rights. If we choose to waive any of the 
terms  or  conditions  of  this  Agreement  on  a  case-by-case 
basis, such as by not declaring the entire balance due when 
the  minimum monthly  payment  has  not  been  made  on  time, 
it does not mean that we have waived, or given up, our right 
to  exercise  any  of  our  rights  or  remedies  under  this 
Agreement in  the  future.  We are  not  required  to  use  any 

 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts  due  to  us  under  this Agreement.  No indulgence  or 
acceptance by us of delinquent or partial payments constitute 
a  waiver  of  our  rights  or  of  any  provision  of  this Agreement. 
No  waiver  of  any  existing  default shall  be  deemed to  waive 
any subsequent default. 

25.  Changing  Terms.  We  can change,  add to,  delete  or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable law) 
before  the  effective  date  of the  change. We  do  not have  to 
send you  an  advance  notice  of the change  if  it  favors  you, 
such as by reducing rates, or increasing the maximum credit 
limit.  Except  in  cases  where  we  are changing terms  due  to 
the Minimum Payment Due not being received within 60 days 
of  the  Payment  Due  Date, you  agree that the change may 
cover all transactions made 15 days after we mail the notice. 
If you do not agree to the change, a method for rejecting the 
change  and  closing  the  Account  will  be  provided  in  the 
Change  of  Terms  Notice.  You  agree  that  if  you  use  your 
card after the effective date of the change, this will constitute 
your agreement with the change. 

26.  Canceling  this  Agreement.  We  have  the  right  to 
cancel this Agreement at any time by sending a notice to any 
one of you in writing. You also have the same right to cancel 
this Agreement at any time by sending us a notice in writing 
or  calling  the BankCard  Center  at  1-800-996-2638  (for  TTY 
call 1-800-659-5495). If this Agreement is canceled by you or 
us,  your  obligation  is  to  repay  amounts  you  already  owe 
under  this  Agreement.  In  either  case,  the  Account  will  be 
closed and you will no longer have access to the Account. 

27.  Governing Law.  This Agreement will be governed by 
the laws of the State of Nebraska, and, as applicable, federal 
law, regardless of where the transactions are made. 

28.  Monitoring/Recording  Telephone  Calls.  Our 
to  and  record  your 
supervisory  personnel  may  listen 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

29.  Severability.  All  other  provisions  of  this  Agreement 
shall remain in full force even if one or more provisions of this 
Agreement are held invalid, illegal, void or unenforceable by 
any rule or law, administrative order or judicial decision. 

30.  Authorized  User.  If  you  elect  to  have  an  authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any  authorized  user  is  not  a contractually 
liable party. 
31.  Our  Communications  with  You.  You  agree  that  we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your  banking services  to assure  the  quality  of  our 
service or for other reasons. You expressly consent that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  use  written,  electronic,  or  verbal 
means,  or  any  other  medium,  as  permitted  by  law  and 
including,  but  not  limited  to,  mail  and  facsimile,  to  contact 
you. Your consent includes,  but  is  not  limited  to, contact  by 
manual  calling  methods,  prerecorded  or  artificial  voice 
text  messages,  e-mails  and/or  automatic 
messages, 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
affiliates,  agents, 
independent  contractors  or  service 
providers  may  contact  you  by  using  any  e-mail  or  any 
telephone 
telephone  number  you  provide, 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result. 
32.  RESOLUTION  OF  DISPUTES  BY  ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
PARTICIPATE 
ANY  CLASS  OR  OTHER 
REPRESENTATIVE ACTION. 

including  a 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved  through  the  binding  arbitration  process set  forth  in 
this arbitration provision upon demand by either you or us. 

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise  provided,  any  dispute  relating to  or  arising  out  of 
your Account or this Agreement, including any aspect of any 

BW-CCAG (Rev. 10/2020) 

include 

relief)  sought.  Disputes 

agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly  provided,  all  disputes are subject  to  arbitration  no 
matter the legal theory or remedy (damages, or injunctive or 
declaratory 
(1)  any 
unresolved  claims concerning  any services  relating to your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers, Cash Advances, INTEREST CHARGES, your use 
of any of our banking locations or facilities, or any means you 
use to access your Account; (2) any claims that arose before 
you  and  we  entered  into  this Agreement  (such  as  disputes 
related  to  advertising)  and  after  the  termination  of  this 
Agreement; (3) not only claims made directly by you, but also 
made by anyone connected with you or claiming through you, 
such  as  an  authorized  user,  a  beneficiary,  employee, 
representative,  agent,  predecessor  or  successor,  heir, 
assignee,  or  trustee in  bankruptcy;  (4)  not  only claims  that 
relate  directly 
to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and claims 
for  which  we  may  be  directly  or indirectly  liable,  even  if  we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, cross-claims, third party claims, interpleaders 
or  otherwise;  (6)  claims  made  as  part  of  a  class  action  or 
other representative action, being expressly understood and 
agreed  that  arbitration  of  such  claims  must  proceed  on  an 
individual  (non-class,  non-representative)  basis;  and  (7) 
claims  relating  to  the  enforceability  or  interpretation  of  this 
arbitration  provision.  A  party  who  initiates  a  proceeding  in 
court  may  elect  arbitration  with  respect  to  any  dispute 
advanced  in  that  proceeding  by  any  other  party.  This 
arbitration  provision  shall  survive  any  termination  of  this 
Agreement or your Account. 

c.  Disputes  Not  Covered  By  Arbitration.  Disputes 
filed  by you  or  by  us  individually  in  a small  claims court  are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief. 

d.  Opt  Out.  You  have  the  right to  opt  out  of  arbitration 
by  sending  a  signed  written  notice  stating  your  decision  to 
opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778- 
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, including JAMS’ Consumer Minimum Standards 
(but  not  JAMS’  Class  Action  Procedures),  available  at 
www.jamsadr.com or 1-800-352-5267. 

f.  Arbitration  Procedure.  Arbitration shall  be  decided 
by  a  single  neutral  arbitrator  selected  in  accordance  with 
AAA’s  or  JAMS’  rules,  as  applicable.  The  arbitrator  will 
decide  the  dispute  in  accordance  with  the  terms  of  our 
agreements  and  applicable  substantive  law,  including  the 
Federal Arbitration  Act  and  applicable statutes  of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages  or  other  relief  (including  injunctive  relief)  available 
to the individual claimant under applicable law. The arbitrator 
will not  have  the  authority to  award  relief to,  or  against,  any 
person or entity who is not a party to the arbitration. An award 
in  arbitration  shall  determine  the  rights  and  obligations 
between the named parties only, and only with respect to the 
dispute in  arbitration  and shall  not  have  any  bearing  on the 
rights  and  obligations  of  any  other  persons,  or  on  the 
resolution  of  any  other  dispute.  The  arbitrator  will  take 
reasonable  steps  to  protect  your  Account  information  and 
other  proprietary  or  confidential  information.  Any  arbitration 
hearing shall take place in the same city as the U.S. District 
Court closest to your home address, unless the parties agree 
in writing to a different location or the arbitrator so orders. If 

 
the  arbitrator, 

you seek a total recovery of $10,000 or less, you may choose 
whether the arbitration will be conducted solely on the basis 
of  documents  submitted 
through  a 
to 
telephonic hearing, or by an in-person hearing in accordance 
with  AAA’s  or  JAMS’  rules.  At  your  or  our  request,  the 
arbitrator  will  issue  a  reasoned  written  decision sufficient to 
explain the  essential  findings  and conclusions  on  which the 
award  is  based.  The  arbitrator’s  award  shall  be  final  and 
binding, subject to  judicial  review  only  to  the  extent  allowed 
under  the  Federal  Arbitration  Act.  You  or  we  may  seek  to 
have  the  award  vacated  or  confirmed  and  entered  as  a 
judgment in any court with jurisdiction. 

g.  No Class Action or Joinder of Parties. You and we 
agree  that  no class  action,  private  attorney  general or  other 
representative  claims may  be  pursued  in  arbitration  and  no 
such action may be pursued in court if either you or we elect 
arbitration. Unless mutually agreed to by you and us, claims 
of  two  or more  persons  may  not  be  joined, consolidated,  or 
otherwise  brought  together  in  the  same  arbitration  (unless 
those  persons  are  joint  account  holders  or beneficiaries  on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek  a  public  injunction  in  arbitration  or  in court,  if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth  in  any  part  of  this  arbitration  provision)  is  found to  be 
invalid  or  unenforceable,  and  that  decision is  not  reversed 
on  appeal,  any claim  for  a  public  injunction  will  be  decided 
in court  after  all  other  disputes to  be decided in arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered in court. In no event will a claim for public injunctive 
relief  be  arbitrated.  As set  forth  in  “Severability”  below, the 
invalidity or unenforceability of this paragraph will not affect 
the  validity  or  enforceability  of  the  remainder  of  this 
arbitration provision. 

the 

i.  Arbitration  Costs.  We  will  pay 

filing, 
administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration  Fees”) that  we  are  required to  pay pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect to Arbitration Fees that you are required to pay under 
the  arbitration  forum’s  rules  in connection  with  an  individual 
arbitration you have commenced against us, if you would like 
us to consider paying them because you are unable to do so, 
you must first request a waiver or reduction of the Arbitration 
Fees  from  the  arbitration  forum.  If  the  request  is  denied  or 
you  remain  unable  to  pay the  reduced Arbitration Fees,  we 
will consider  paying  them  if  we  receive  a  written  request  by 
you  sent  to  Bank  of  the  West  Legal  Department,  180 
Montgomery Street, San Francisco, California 94104. 

j.  Applicable  Law.  You  and  we  are  participating  in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  provision  and  any  resulting  arbitration  are 
governed  by  the Federal  Arbitration  Act.  To the  extent state 
law  applies,  the  laws  of  the  state  governing  your  Account 
relationship  apply.  No state statute  pertaining  to  arbitration 
shall apply. 

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
regarding 
joinder,  consolidation,  class  actions,  class 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

Your Billing Rights 

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: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
In your letter, give us the following information: 
•  Account information: Your name and Credit Card 

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  [or 
electronically].  You  may  call  us,  but  if  you  do  we  are  not 
required to investigate any potential errors and you may have 
to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1. Within  30  days  of  receiving  your letter,  we must tell you 
that  we  received your  letter. We will also  tell  you if  we  have 
already corrected the error. 

2.  Within  90  days  of  receiving  your  letter,  we must  either 
correct  the  error  or  explain to  you  why  we  believe  the  bill  is 
correct.  While  we  investigate  whether  or  not  there  has 
been an error: 

•  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
•  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

•  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

•  We can apply any unpaid amount against your 

credit limit. 

After we finish our investigation, one of two things will 

happen: 

• 

• 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have  to pay the amount in question, along with 
applicable interest and fees. We will send you a 
statement of the amount you owe and the date 
payment is due. We may then report you as 
delinquent if you do not pay the amount we think 
you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill  is 
wrong, you must write to us within 10 days telling us that you 
still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as 
delinquent  without  also  reporting  that  you  are  questioning 
your  bill. We must  tell  you the  name  of anyone to  whom  we 
reported  you  as  delinquent,  and  we  must 
let  those 
organizations  know  when  the  matter  has  been  settled 
between us. 

BW-CCAG (Rev. 10/2020) 

 
 
 
 
 
 
 
If we do not follow all of the rules above, you do not have to 
pay the first $50 of the amount you question even if your bill 
is correct. 

Your  Rights  If  You  Are  Dissatisfied  With  Your  Credit 

Card Purchases 

If  you  are  dissatisfied  with  the  goods  or  services that you 
have  purchased  with your credit card  and you  have  tried in 
good faith to correct the problem with the merchant, you may 
have  the  right  not to  pay  the  remaining  amount  due on the 
purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state 
or  within  100  miles  of your current  mailing  address,  and the 
purchase  price  must  have  been  more  than  $50.  (Note: 
Neither  of  these  are necessary  if  your  purchase  was  based 
on  an  advertisement  we  mailed  to  you,  or  if  we  own  the 
company that sold you the goods or services.) 

2.  You must  have  used your credit card  for the  purchase. 
Purchases made with cash advances from an ATM or with a 
check that accesses your Credit Card account do not qualify. 

3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

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. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which  the  debtor could  assert  against the  seller  of  goods  or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery  hereunder  by  the  debtor shall  not  exceed 
amounts paid by the debtor hereunder. 

BW-CCAG (Rev. 10/2020) 

 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Bank of the West Wealth 
Management 
World Elite™ Mastercard® Credit Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 7.15%. This APR will vary with the market based 

APR for Balance Transfers 

on the Prime Rate. 
7.15% 

APR for Cash Advances 

24.99% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

None 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month. We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit 
card, visit the website of the Consumer Financial Protection Bureau 
at http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

$2951 

•  Balance Transfer 

Either $10or 4% of the amount of each transfer, whichever is greater. 

•  Cash Advance 

Either $10 or 4%  of the amount of each cash advance, whichever is greater. 

•  Foreign Transaction 

None 

Penalty Fees 

•  Late Payment 

Up to $38 (Varies by State. See next page for details) 

•  Returned Payment 

Up to $38 (Varies by State. See next page for details) 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).” See your Credit Card Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 

1 The Wealth Management World Elite MasterCard Credit Card is subject to an Annual Membership Fee if you do not 
maintain Eligible Qualified Balances of $250,000 or more. For details, refer to the Wealth Management World Elite 
MasterCard Credit Card Agreement. 

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within next 
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the 
next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

Continued on next page 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation withing 
next  six  billing  cycles. For other states the fee is $27  for the first violation and $38  for each subsequent violation within 
the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

Interest Charges for Covered  Members of the Armed Forces and Their Dependents: Federal law provides important 
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, 
the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual 
percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated 
with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application 
fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee 
charged (other than certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or 
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces 
members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users 
call 1-800-659-5495). 

Doing business in South Dakota as Bank of the West California. 

 
 
 
 
The  terms  of  the  Bank  of  the  West  Wealth  Management 
World  Elite  Mastercard  Credit  Card  are  available  to  the 
Bank’s Wealth Management clients. 

By  requesting  or  accepting  any Wealth  Management World 
Elite  Mastercard  Credit  Card  account  (individually  or 
collectively  called  “Credit  Card  account”  or  “Account”)  with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement. In this Agreement, the words “you” or “your” 
mean  everyone  who  has  requested  or  accepted  a  Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
mean  Bank  of 
If  you  do  not  accept  this 
Agreement, you must  notify  us in  writing  within  5  days  after 
receipt. Use of your card or any feature (including a balance 
transfer)  of  your  Credit  Card  Agreement  shall  constitute 
acceptance of this Agreement. 

the  West. 

1. Use.  Your Wealth  Management World Elite  Mastercard 
Credit Card (individually or collectively called “Card”) may be 
used  as  a  credit  card  for  purchases  of  goods  or  services 
from  participating  merchants  (“Purchases”)  or  to  get  Cash 
Advances from us or any other financial institution displaying 
the  “Mastercard” logo,  or  to  purchase certain  items  such  as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers,  lottery tickets,  and  (except  as  noted below)  funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively  referred  to  as  “Cash  Advances”)  up  to  your 
Credit Limit; provided, however, you may not use your Card 
(i)  to  make  Purchases  or  obtain Cash Advances  for   any 
illegal  transaction, or  (ii)  for  any  internet  or  online  gambling 
transactions.  Transactions  for  online  or  internet  gambling 
will  not  be  approved.  If  you  use  your  Card  for  any  illegal  or 
prohibited transaction,  this Agreement  also  applies to such 
transaction  and  you  agree  to  pay  any  and  all  amounts 
related  to  such  transaction  pursuant  to  the  terms  of  this 
Agreement. We may,  in our sole  discretion,  restrict the  use 
of  or terminate your  Card  if  we  notice excessive  use of your 
Card  or  other  suspicious  activities  or  if  we  reasonably 
believe the Card is or has been used for one or more illegal 
or  prohibited  transactions.  You  can  also  obtain  a  Cash 
Advance  by  writing  a  special  Mastercard  check 
(“Convenience  Check”).  The  Cash  Advance  will  be  posted 
to your  Credit  Card  account  when the  Convenience  Check 
reaches  us.  If  you stop  payment  on  a  Convenience  Check, 
your  Credit  Card  account  will  be  charged  $16.00  (or  as 
permitted by law) for each stop payment. We may designate 
that  only  a  portion  of your  Credit  Limit  is available  for  Cash 
Advances.  In  addition,  you  may  request  that  we  pay  other 
creditors  on  your  behalf  and  transfer  approved  amounts  to 
your Account (“Balance Transfers”). 

Your Card may also be used in certain automated 

terminals  to  gain  access  to your  Credit  Card  accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use. 

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each  Credit  Card  account you  have  with  us. You  agree  that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you  do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately,  and  we  may  reduce the  available  Credit  Limit 
of any other Credit Card account you have with us until such 
time  the  excess  amount  is  repaid.  You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
time. 
obligated 
Furthermore, we reserve the right to lower your Credit Limit 

increase  your  Credit  Limit  at  any 

to 

BW-WECCAG (Rev. 10/2020) 

CREDIT  CARD AGREEMENT 
(We alth Management World EliteTM Mastercard® Credit Card) 

at  any  time.  For security  reasons,  we  may  limit  the  number 
or  amount  of  transactions  that  may  be  accomplished  with 
your  Card  or  Credit  Card  account,  and  we  have  the  right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary  to  verify  Payments  received  on your  Credit  Card 
account.  If  we  accept  a  payment  from you in  excess  of your 
outstanding  balance, your  available  Credit  Limit  will  not  be 
increased  by the  amount  of the  overpayment nor  will  we  be 
required  to  authorize  transactions  for  an  amount in  excess 
of your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Some 
merchants  (for  example,  car  rental  companies  and  hotels) 
may  request  prior credit  approval  from  us  for  an  estimated 
amount of your Purchases, even if you ultimately do not pay 
by  credit.  If  our  approval  is  granted,  your  available  Credit 
Limit  will  temporarily  be  reduced  by the  amount  authorized 
by  us.  If you do  not  ultimately  use your  Credit  Card  account 
to  pay  for  your  Purchases  or  if  the  actual  amount  of 
Purchases  posted  to  your  Credit  Card  account  varies  from 
the estimated amount approved by us, it is the responsibility 
of  the  merchant,  not  us, to cancel  the  prior credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement  to  Pay. When you  use  your  Card  or  Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including any which may have been made in violation of this 
Agreement),  and  the  INTEREST  CHARGES  and  fees  that 
may  become  due  as shown  on the  periodic statement. You 
agree  that  we  may  change  or  cancel  your  Credit  Card 
account  at  any time  without  affecting your  obligation  to  pay 
the amounts that you owe under this Agreement. 

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,” and your minimum monthly payment, which will be 
shown as “Minimum Payment Due.” 

6. Payment. You  must make  a  payment  by  the  “Payment 
Due  Date.”  You  have  two  choices: You may  pay the  entire 
“New  Balance”  or you may  pay  in installments  by  paying  at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.  The 
Minimum  Payment 
to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made  in  excess  of  the  Minimum Payment  will  be 
applied 
the  highest  ANNUAL 
PERCENTAGE  RATE  (APR)  and  then  to  each  successive 
balance  bearing  the  next  highest ANNUAL  PERCENTAGE 
RATE. 

to  balances  with 

is  applied 

fees, 

then 

first 

first 

to 

Payments   must   be   mailed   to   the   BankCard Center 
address specified  in your  periodic statement  and  reach the 
BankCard Center  during our  regular  business day by 5:00 
p.m. Pacific  Time  for  the  payment  to  be  credited the same 
business  day.  Payments  made  in  person  at  one  of  our 
branches,  or  made  by  telephone,  or  made  through  our 
website or another website controlled by a third party on our 
behalf  must  be  received  by  5:00  p.m.  Pacific  Time  to  be 
credited  the  same  business  day.  Payments  received  after 
the cutoff  time  of  5:00  p.m. Pacific  Time  are credited  as  of 
the  following  business  day.  If  you  fail  to  properly  make 
payments, crediting  of such  payments may  be  delayed  and 
you  may  incur  late  charges  and  additional  interest  as a 

 
 
 
 
 
 
 
 
result  of  the  delay. Even  when  your  payment  is credited to 
your Account,  we may  delay  the  availability  of  part  or  all  of 
your payment amount as credit for up to 15 days. 

If  a  payment is  returned to  us  for  any  reason,  we  may 
apply  a  Returned Payment Fee  of  $27  for  the  first  violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 
violation  within  the  next  six  billing  cycles.  If  the  Returned 
Payment  Fee  is  greater  than  the  Minimum  Payment  Due, 
the fee will be equal to the Minimum Payment Due. 

From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
INTEREST 
reduce  or  eliminate  certain 
temporarily 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise  you of  the scope  and  duration  of the  applicable  skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

7. Minimum  Payment  -  Late  Payment  Fee.  At  least the 
amount of the “Minimum Payment Due” must be received by 
us  by the  “Payment  Due  Date.”  If  it  is  not,  we may  apply  a 
Late  Payment  fee  of  $27  for  the  first  violation  and  $38  for 
each subsequent  violation  within  the  next six  billing  cycles. 
The  Late  Payment  fee  for  Iowa  residents  is  $27  for the  first 
violation and $30 for the subsequent violation within the next 
six billing cycles. If the Late Payment fee is greater than the 
Minimum  Payment  Due,  the  fee  will  be  equal  to  the 
Minimum  Payment  Due.  If  such  charge  would  result  in  an 
INTEREST CHARGE greater than the maximum allowed by 
law,  we  will only charge the maximum  allowable  rate.  Your 
Minimum Payment  Due  will  be  3% of the  New  Balance  plus 
any  Late Payment  fee  (with  a minimum  of  the lesser  of  $27 
or your  New  Balance)  and any  amount  over  your credit  limit 
and past due amount. 

8. How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying  an  INTEREST  CHARGE  on Purchases  if  we  receive 
the  entire  New Balance  by the Payment  Due  Date.  If  we  do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES  on  all  other  balances, including  Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will  be assessed  even  if your  entire  New Balance  is  paid  by 
the Payment Due Date. 

9. Computing Your INTEREST CHARGE. We figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the  periodic  rate  to the  “Average  Daily Balance”  of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Purchases,  Balance 
Advances, 
Introductory Rates and any special rate offers we may make 
available  from  time to time.  If you are charged  interest,  the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement). 

Transfers,  Cash 

a.  Average  Daily  Balance.  To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.  To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying these Average  Daily Balances  by  the  applicable 
Daily Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number  of  days  in the  billing  period.  To  determine  the  Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE  RATE  for  each  Balance  Category 
is described below under “Fixed Rate” and “Variable Rate.” 

BW-WECCAG (Rev. 10/2020) 

c.  Fixed  Rate.  Introductory  ANNUAL  PERCENTAGE 
RATES 
for  Purchases,  Balance  Transfers  or  Cash 
Advances  may  vary,  if  applicable.  Please  refer  to  your 
Account Opening Disclosures for specific introductory period 
and  ANNUAL PERCENTAGE  RATES  associated  with your 
Account.  After  the  Introductory  Period  ends,  your  regular 
ANNUAL  PERCENTAGE  RATES  for  Purchases,  Balances 
Transfers or Cash Advances will apply. 

d.  Variable Rate. The current ANNUAL PERCENTAGE 
RATE  for  all  variable  rates  is  shown  on  the  Account 
Opening  Disclosure  which  has  been  provided  to  you  with 
this  Agreement.  The  Daily  Periodic  Rate  and 
the 
corresponding ANNUAL PERCENTAGE RATE may change 
each  month  on  the  first  day  of  each  of  your  billing  cycles. 
Each  date  on  which  the  rate  of  interest  could  change  is 
called a “Change Date.” Changes will be based on changes 
in the  “Index.”  The  Index  is the Prime  Rate  published  in the 
“Money  Rates”  table  of  The  Wall  Street  Journal  on  the 
business  day  immediately  preceding  the  day  your  billing 
cycle  ends.  If  the  Index  is  no  longer  available,  we  will 
choose  a  new  index  which  is  based  upon  comparable 
information  and  will  give  you  notice  of  our  choice.  The 
ANNUAL PERCENTAGE  RATE may increase  or  decrease 
each  month  if  the  Index  changes.  Any  new  rate  will  be 
applied  as  of the  first  day  of your  billing cycle  during  which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
INTEREST 
RATE 
CHARGE, which may result in a higher minimum payment. 

increases,  you  will  pay  a  higher 

Your  interest  rate  for  Purchases  (after  the  Introductory 
Period) and Balance Transfers on your Wealth Management 
World Elite  Mastercard Account  is  based  on  a  variable  rate 
equal  to the sum  of the  Index  plus  a  “Rate  Spread”  of  3.90 
percentage  points.  The  interest  rate  for  Cash Advances  on 
your Account is based on a variable rate equal to the sum of 
the  Index  plus  a  “Rate  Spread”  of  21.74  percentage  points. 
Immediately before each Change Date we will determine the 
new  interest  rate  by  adding  the  Rate  Spread  to  the  Index. 
The  new  interest  rate  will  become  effective  at  the  start  of 
your  first  billing  cycle  after  the  Change  Date.  Only  one 
ANNUAL PERCENTAGE RATE and Daily Periodic Rate will 
be  in  effect  for  each  Balance  Category  during  the  billing 
period.  The ANNUAL PERCENTAGE  RATE  will  not  exceed 
the  maximum  rate  permitted  by  law.  The  effect  of  any 
increase 
the  Annual  Percentage  Rate  ANNUAL 
PERCENTAGE RATE and the Daily Periodic Rate would be 
to  increase  the  amount  of  INTEREST  CHARGE  or interest 
you must pay and thus increase your monthly payments. 

in 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which may  be  amended  from  time to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  4.00%  of 
each balance transferred, $10 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum. 

11.  Foreign  Transactions.  Transactions  that  you  make 
in  a  foreign currency  or  that you make  outside of the  United 
States  of  America  even  if  it  is  made  in  U.S.  dollars  are 
considered  foreign transactions.  If you   make  a  transaction 
in  a  foreign  currency  it  will  be  billed to you in  U.S.  Dollars. 
The  conversion  rate  to  U.S.  Dollars  will  be  determined  by 
Mastercard  International  in  accordance  with  their  operating 
regulations  or  conversion  procedures  in  effect  at  the  time 
the transaction is processed. Currently, their regulations and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale market rate, whichever is applicable, in effect one 
day  prior to  the  processing  date. We  do  not  determine  the 
currency  conversion  rate  which  is  used.  You  agree  to  pay 
the converted amount in U.S. funds. 

12.  Annual  Membership  Fee.  The Wealth Management 
World  Elite  Mastercard  Credit  Card  is subject to  an  Annual 
Membership  Fee  of  $295.  The  Annual  Membership  Fee  will 
be  assessed in  the  first  billing  cycle  after Account  opening 
and annually thereafter. A credit in the amount of the Annual 
Membership  Fee  (the  “AMF  Credit”)  for  the  first  year  will 
appear  on your  first  billing statement.  No  later than  the  first 
business day  of the  last month  of  the  quarter  preceding the 
annual  anniversary  of  the  Account’s  opening  date  (Annual 
Fee Determination Date), the Bank will determine whether 

 
or not to apply the AMF Credit by evaluating your month-end 
Eligible  Qualified  Balances  for  the  prior  3  consecutive 
months  selected  by  the  Bank.  The  AMF  Credit  will  be 
applied 
if  you  maintain  month-end  Eligible  Qualified 
Balances of $250,000 or more, as calculated by the Bank, in 
any  one  of the  prior  3 consecutive  months  used to  evaluate 
eligibility.  If you  do  not  qualify  for the  AMF  Credit,  within  90 
days  of  the  fee  being  charged,  you  can  increase  your 
Eligible  Qualified  Balances  or  close  your  Account  and 
request to have the AMF Credit applied retroactively. 

The 

term  “Eligible  Qualified  Balances”  used 

in  this 
Agreement  means  and  shall 
include  (i)  deposits  and 
investments  maintained  with  the  Bank,  including  those 
maintained  with  the  Bank’s  Investment  Management  or 
Trust  Services  departments,  and  (ii)  investment  balances 
with  the  Bank’s  affiliate,  BancWest  Investment  Services, 
Inc.  Eligible  Qualified  Balances  may  be  owned  by  you 
directly,  or  held in  any trust  controlled  by you  as  settlor  and 
trustee.  Deposits  or  investments  held  by  business  entities 
that  are  wholly-owned  and  controlled  by  you  may  also  be 
included.  Eligible  Qualified  Balances  do  not  include  any 
account  prohibited  by  law  or  which  the  inclusion  of  may 
result  in  a  breach  of  any  fiduciary  duty,  law  or  regulation, 
including  the  Employee  Retirement  Income  Security  Act  of 
1974 (“ERISA”). 

13.  Other Fees.  As  allowed  by law,  we may charge,  and 
you agree to pay, fees for certain services or requests made 
by you, such as but not limited to: Automated Teller Machine 
(“ATM”)  transactions  conducted  at  machines  not  operated 
by us, requests for copies of billing statements, sales drafts, 
or  other  records  of  your  Account,  or  if  you  request  a 
replacement  card(s).  However,  we  will  not  charge  fees  for 
copies  of  documents  requested  for  a  billing  dispute.  These 
fees  may  change  from  time  to  time.  We  will  inform  you  of 
the  fee(s)  that  you  will  incur  prior  to  when  the  applicable 
service(s) is(are) provided or when you make the request(s), 
as  applicable. You authorize  us  to charge your  Credit  Card 
account  for  any  such  fees  that  you  incur.  We  reserve  the 
right to  waive  a  fee  from  time  to time but  a  waiver  does  not 
mean we will continue to waive such fee in the future. 

14.  Interest Charges for Covered Members of the 

Armed  Forces  and  Their  Dependents:  Federal 
law 
provides  important  protections  to  members  of  the  Armed 
Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces and his or her dependent may 
not  exceed  an  annual  percentage  rate  of  36%.  This  rate 
must  include,  as  applicable  to  the  credit  transaction  or 
insurance 
the  costs  associated  with  credit 
account: 
premiums; fees for ancillary products sold in connection with 
the  credit  transaction;  any  application  fee  charged  (other 
than certain application fees for specified credit transactions 
or  accounts);  and  any  participation  fee charged  (other  than 
certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a 
dependent, you will not be charged annual fees, transaction 
fees,  or penalty  fees so that your cost may  not  exceed the 
Military  Lending  Act  annual  percentage  rate  cap.  Armed 
Forces members  and their  dependents can  hear  about the 
protections  provided  to  them  by  calling  1-866-761-2689 
(TTY users call 1-800-659-5495). 

15.  Default.  We  may  declare  the  entire  balance  for  all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 

If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but not paid, and all of the INTEREST CHARGES accrued 
but not paid. If we terminate your Credit Card account, your 
obligation to repay the amounts you already owe us would 
continue. 

At our option, we may also take action short of terminating 
your  Credit  Card  account.  If  we  take  such  lesser action 

BW-WECCAG (Rev. 10/2020) 

initially,  we  reserve  the  right  to  terminate  your  Credit  Card 
account  and  accelerate  all  amounts  due  under 
this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration. 

16.  Automated Terminal Services 

a. Automated  Terminals.  You  may  use  your  Card  in 

the following automated terminals: 

(1) Any Bank of the West automated teller machines. 
is 
(2) Any  other  automated  teller  machine 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

that 

(3) Any point-of-sale terminal that accepts our Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 

(1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get a Cash Advance from your Credit Card 

account. 

(b) Get your  Credit  Card  account  balances.  These 
balances  may  not include  some  transactions  recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase  certain  merchandise.  The  amount  of  your 
purchase  will  automatically  be charged to your  Credit  Card 
account as a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$1,000  each calendar  day,  provided  that  this  amount  does 
not  exceed  your  Credit  Limit.  This  amount  may  be  less  for 
Cash Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible  for  all  transactions  in  which you use  your  Card 
in  an  automated terminal,  or  the  use  of the  Card  by  anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the secret  code,  which  we  will provide 
you,  and  the  magnetically  encoded  stripe  on the  Card. You 
are  responsible  for  keeping  the  Card  safe  and  also  for 
protecting  the  secret  code.  Use  the  Card  and  the  secret 
code  only  as  instructed  at  all times.  Please  notify  us  of  any 
mechanical or operating failure in connection with the use of 
your  Card.  Do  not  permit  anyone  else  to  use your  Card  and 
do  not  disclose  your  secret  code  or  record  it  on  the  Card. 
The  Card  remains  the  property  of  the  Bank  and  can  be 
revoked  and  repossessed  at  any  time.  You must  return  it  to 
us when asked. 

e. Fees for Using Automated Terminal Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described 
in 
paragraph 13-Other Fees. 

17.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as  a credit card. You  will  not  be  liable  for  unauthorized  use 
of  your  Card  as  a credit  card  which  occurs  after you  notify 
us at  the telephone  number  or  address stated  in paragraph 
18 orally or in writing, of loss, theft, or possible unauthorized 
use.  In  any case, your liability  for  unauthorized  use  of your 
Card as a credit card will not exceed $50.00. 

18.  Where  to  Call  or Write.  If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call:  1-866- 
218-4959  (for  TTY  all  1-800-659-5495)  or  write to: Bank  of 
the  West,  BankCard  Security  Department,  PO  Box  2078, 
Omaha, NE 68103-2078. 

19.  Our  Business  Days. Our business days are Monday 

through Friday, except for bank holidays. 

20.  Credit  Investigation and  Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported inaccurate information about you to  a  credit 

 
bureau,  please  call  us  at  1-866-218-4959  (for  TTY  call  1- 
800-659-5495). 

unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

21.  Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you  have  given  us  a  specific security  interest  in connection 
with  this  Agreement,  which  is  described  on  the Supplement 
attached to this Agreement. 

22.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

23.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect  from  or  sue  any  one  of you,  or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

24.  Compliance  with  Law/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those  relating  to  anti-bribery,  anti-money  laundering,  the 
fight  against  terrorism,  and  sanctions  (“Sanctions”),  that 
apply to the  Bank or  BNP Paribas  S.A. You  represent  that 
you  are  not the  target  of  Sanctions. You  agree to  hold the 
Bank  harmless  from  liability  for  any  actions  taken  by  the 
Bank  to  comply  with  applicable  laws  and  regulations, 
including Sanctions. 

25.  No  Waiver  of  Rights.  If  we choose  to  waive  any  of 
the terms or conditions of this Agreement on a case-by-case 
basis, such as by not declaring the entire balance due when 
the  minimum  monthly  payment  has  not  been  made  on  time, 
it does not mean that we have waived, or given up, our right 
to  exercise  any  of  our  rights  or  remedies  under  this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts  due  to  us  under  this Agreement.  No  indulgence  or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitute  a  waiver  of  our  rights  or  of  any  provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

26.  Changing Terms. We can change, add to, delete or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before  the  effective  date  of  the change. We  do  not  have  to 
send you  an  advance  notice  of the change  if  it  favors  you, 
such as by reducing rates, or increasing the maximum credit 
limit.  Except  in  cases  where  we  are  changing terms  due to 
the  Minimum  Payment  Due  not  being  received  within  60 
days  of  the Payment  Due  Date, you  agree that  the change 
may cover  all  transactions made 15  days  after  we  mail the 
notice.  If  you  do  not  agree  to  the  change,  a  method  for 
rejecting  the  change  and  closing  the  Account  will  be 
provided  in  the  Change  of  Terms  Notice.  You agree  that  if 
you use your card after the effective date of the change, this 
will constitute your agreement with the change. 

27.  Canceling  this  Agreement.   We have  the  right to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of you  in  writing.  You also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing  or  calling  the  BankCard  Center  at  1-866-218-4959 
(for TTY call 1-800-659-5495). If this Agreement is canceled 
by you or us, your obligation is to repay amounts you already 
owe  under  this Agreement.  In  either  case,  the  Account  will 
be  closed  and  you  will  no  longer  have  access  to  the 
Account. 

28.  Governing Law.  This Agreement will be governed by 
the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
29.  Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may 
to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

listen 

30.  Severability.  All  other  provisions  of  this  Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this Agreement are held invalid, illegal, void or 

BW-WECCAG (Rev. 10/2020) 

31.  Authorized  User.  If  you  elect  to  have  an  authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any  authorized  user  is  not  a  contractually 
liable party. 
32.  Our  Communications  with  You.  You  agree  that  we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your  banking services to  assure the quality  of  our 
service or for other reasons. You expressly consent that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  use  written,  electronic,  or  verbal 
means,  or  any  other  medium,  as  permitted  by  law  and 
including,  but  not  limited  to,  mail  and  facsimile,  to  contact 
you. Your consent  includes,  but  is  not  limited  to, contact  by 
manual  calling  methods,  prerecorded  or  artificial  voice 
text  messages,  e-mails  and/or  automatic 
messages, 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
affiliates,  agents, 
independent  contractors  or  service 
providers  may  contact  you  by  using  any  e-mail  or  any 
telephone  number  you  provide, 
including  a  telephone 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result. 

33.  RESOLUTION OF DISPUTES BY ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
PARTICIPATE 
ANY  CLASS  OR  OTHER 
REPRESENTATIVE ACTION. 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved  through  the  binding  arbitration  process set  forth  in 
this arbitration provision upon demand by either you or us. 

include 

relief)  sought.  Disputes 

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise  provided,  any  dispute  relating  to  or  arising  out  of 
your Account or this Agreement, including any aspect of any 
agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly  provided,  all  disputes  are subject  to  arbitration no 
matter the legal theory or remedy (damages, or injunctive or 
(1)  any 
declaratory 
unresolved  claims  concerning  any services  relating  to your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers,  Cash  Advances,  INTEREST  CHARGES,  your 
use  of  any  of  our  banking  locations  or  facilities,  or  any 
means you  use  to  access your Account;  (2)  any claims that 
arose  before you  and  we  entered  into  this Agreement  (such 
as  disputes  related  to  advertising)  and  after the termination 
of  this Agreement;  (3)  not  only claims  made  directly  by you, 
but  also  made  by  anyone  connected  with  you  or  claiming 
through  you,  such  as  an  authorized  user,  a  beneficiary, 
employee, representative, agent, predecessor or successor, 
heir,  assignee,  or trustee  in  bankruptcy;  (4)  not only claims 
that  relate  directly  to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and claims 
for  which  we may  be  directly  or  indirectly  liable,  even  if  we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, 
claims, 
interpleaders  or  otherwise;  (6)  claims  made  as  part  of  a 
class  action  or  other  representative  action,  being  expressly 
understood  and  agreed that  arbitration  of such claims  must 
proceed  on  an  individual  (non-class,  non-representative) 
basis;  and  (7)  claims  relating  to  the  enforceability  or 
interpretation  of  this  arbitration  provision.  A  party  who 
initiates  a  proceeding  in  court  may  elect  arbitration  with 
respect to  any  dispute  advanced  in that  proceeding  by  any 
other  party.  This  arbitration  provision  shall  survive  any 
termination of this Agreement or your Account. 

cross-claims, 

c.  Disputes Not Covered By Arbitration. Disputes 
filed  by you  or  by  us  individually  in  a small  claims court  are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief. 

party 

third 

 
d.  Opt  Out.  You  have  the  right to  opt  out  of  arbitration 
by  sending  a  signed  written  notice  stating  your  decision  to 
opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778- 
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, 
JAMS’  Consumer  Minimum 
Standards  (but  not  JAMS’  Class  Action  Procedures), 
available at www.jamsadr.com or 1-800-352-5267. 

including 

the 

individual  claimant  under  applicable 

f.  Arbitration  Procedure.  Arbitration shall  be  decided 
by  a  single  neutral  arbitrator  selected  in  accordance  with 
AAA’s  or  JAMS’  rules,  as  applicable.  The  arbitrator  will 
decide  the  dispute  in  accordance  with  the  terms  of  our 
agreements  and  applicable  substantive  law,  including  the 
Federal Arbitration  Act  and applicable  statutes  of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages  or  other  relief  (including  injunctive  relief)  available 
law.  The 
to 
arbitrator  will  not  have  the  authority  to  award  relief  to,  or 
against,  any  person  or  entity  who  is  not  a  party  to  the 
arbitration. An award in arbitration shall determine the rights 
and  obligations  between  the  named  parties  only,  and  only 
with  respect  to  the  dispute  in arbitration  and shall  not  have 
any  bearing  on  the  rights  and  obligations  of  any  other 
persons,  or  on  the  resolution  of  any  other  dispute.  The 
arbitrator  will take  reasonable steps to  protect your  Account 
information and other proprietary or confidential information. 
Any  arbitration  hearing shall take  place in the same city  as 
the U.S. District Court closest to your home address, unless 
the  parties  agree  in  writing  to  a  different  location  or  the 
arbitrator  so  orders.  If  you seek  a total  recovery  of  $10,000 
or  less,  you  may  choose  whether  the  arbitration  will  be 
conducted  solely  on  the  basis  of  documents  submitted  to 
the  arbitrator,  through  a  telephonic  hearing,  or  by  an  in- 
person hearing in accordance with AAA’s or JAMS’ rules. At 
your  or  our  request,  the  arbitrator  will  issue  a  reasoned 
written  decision  sufficient  to  explain  the  essential  findings 
and  conclusions  on  which  the  award 
is  based.  The 
arbitrator’s  award  shall  be  final  and  binding,  subject  to 
judicial  review  only to the  extent  allowed  under  the  Federal 
Arbitration  Act.  You  or  we  may  seek  to  have  the  award 
vacated  or  confirmed  and  entered  as  a  judgment  in  any 
court with jurisdiction. 

g.  No Class Action or Joinder of Parties. You and we 
agree  that  no class  action,  private  attorney  general  or  other 
representative  claims may  be  pursued in  arbitration  and  no 
such action may be pursued in court if either you or we elect 
arbitration. Unless mutually agreed to by you and us, claims 
of  two or  more persons may not be joined, consolidated, or 

otherwise  brought  together  in  the  same  arbitration  (unless 
those  persons  are  joint  account  holders  or  beneficiaries  on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek  a  public  injunction  in  arbitration  or  in court,  if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth  in  any  part  of  this  arbitration  provision)  is  found to  be 
invalid  or  unenforceable,  and  that  decision  is  not  reversed 
on appeal, any claim for a public injunction will be decided 
in court  after  all  other  disputes to  be  decided  in  arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered  in  court.  In  no  event  will  a  claim  for  public 
injunctive  relief  be  arbitrated.  As set  forth in  “Severability” 
below,  the  invalidity  or  unenforceability  of  this  paragraph 
will  not  affect  the  validity  or  enforceability  of  the  remainder 
of this arbitration provision. 

i.  Arbitration Costs. We will pay the filing, 

administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration  Fees”) that  we  are  required to  pay  pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect  to  Arbitration  Fees  that  you  are  required  to  pay 
under  the  arbitration  forum’s  rules  in  connection  with  an 
individual arbitration you have commenced against us, if you 
would  like  us  to  consider  paying  them  because  you  are 
unable to do so, you must first request a waiver or reduction 
of  the  Arbitration  Fees  from  the  arbitration  forum.  If  the 
request  is  denied  or you  remain  unable to  pay  the  reduced 
Arbitration  Fees,  we  will consider  paying them if  we  receive 
a  written  request  by  you  sent  to  Bank  of  the  West  Legal 
Department,  180  Montgomery  Street,  San  Francisco, 
California 94104. 

j.  Applicable Law. You and we are participating in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  provision  and  any  resulting  arbitration  are 
governed  by  the Federal  Arbitration  Act.  To the  extent state 
law  applies,  the  laws  of  the  state  governing  your  Account 
relationship  apply.  No state statute  pertaining  to arbitration 
shall apply. 

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
joinder,  consolidation,  class  actions,  class 
regarding 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

YOUR BILLING RIGHTS 
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: 

•  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. 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

In your letter, give us the following information: 

•  Account information: Your name and Credit Card 

account number. 

•  Dollar amount: The dollar amount of the suspected 

error. 

You must contact us: 

•  Within 60 days after the error appeared on your 

statement. 

•  At least 3 business days before an automated 

payment is scheduled, if you want to stop payment 
on the amount you think is wrong. 

You  must  notify  us  of  any  potential  errors  in  writing.  You 
may call  us,  but  if you  do  we  are  not  required to  investigate 
any potential errors and you may have to pay the amount in 
question. 

BW-WECCAG (Rev. 10/2020) 

 
 
 
 
we  think you  owe  an  amount and you  do  not  pay,  we may 
report you as delinquent. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which  the  debtor could  assert  against the  seller  of  goods  or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery  hereunder  by  the  debtor shall  not  exceed 
amounts paid by the debtor hereunder. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 
1.  Within  30  days  of  receiving your  letter,  we must tell you 
that  we  received  your  letter. We  will  also  tell you if  we 
have  already corrected the error. 

2.  Within  90  days  of  receiving  your  letter,  we  must  either 
correct the error or explain to you why we believe the bill 
is correct. While we  investigate whether  or  not  there 
has been an error: 
•  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
•  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

•  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

•  We can apply any unpaid amount against your 

credit limit. 

• 

After we finish our investigation, one of two things will 
happen: 
• 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have  to pay the amount in question, along with 
applicable interest and fees. We will send you a 
statement of the amount you owe and the date 
payment is due. We may then report you as 
delinquent if you do not pay the amount we think 
you owe. 

If  you  receive  our  explanation  but  still  believe  your  bill  is 
wrong, you must write to us within 10 days telling us that you 
still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as 
delinquent  without  also  reporting  that  you  are  questioning 
your  bill. We must tell you  the  name  of  anyone  to  whom  we 
reported  you  as  delinquent,  and  we  must 
let  those 
organizations  know  when  the  matter  has  been  settled 
between us. 
If we do not follow all of the rules above, you do not have to 
pay the first $50 of the amount you question even if your bill 
is correct. 

Your  Rights  If  You  Are  Dissatisfied  With  Your  Credit 
Card Purchases 

If  you  are  dissatisfied  with the  goods  or services  that you 
have  purchased  with your credit card  and you  have  tried in 
good  faith  to  correct  the  problem  with  the  merchant,  you 
may  have the  right  not to  pay  the  remaining  amount  due  on 
the purchase. 

To use this right, all of the following must be true: 
1.  The purchase must have been made in your home state 
or  within  100 miles  of your  current  mailing  address,  and 
the  purchase  price  must  have  been  more  than  $50. 
(Note:  Neither  of  these are  necessary  if your  purchase 
was  based  on  an  advertisement  we mailed  to you,  or if 
we  own  the  company  that  sold  you  the  goods  or 
services.) 

2.  You must  have  used your credit card  for the  purchase. 
Purchases  made  with  cash  advances  from  an  ATM  or 
with a check that accesses your Credit Card account do 
not qualify. 

3.  You must not yet have fully paid for the purchase. 

If  all  of  the  criteria  above  are  met  and  you  are  still 

dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

While we investigate, the same rules apply to the disputed 
finish  our 

amount  as  discussed  above.  After  we 
investigation, we will tell you our decision. At that point, if 

BW-WECCAG (Rev. 10/2020) 

 
 
 
 
 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Secured Credit Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

21.99% 

This APR will vary with the market based on the Prime Rate. 

APR for Balance Transfers 

21.99% 

APR for Cash Advances 

24.99% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

None 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month. We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

$25 

•  Balance Transfer 

Either $10 or 4%  of the amount of each transfer, whichever is greater. 

•  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

•  Foreign Transaction 

3%  of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

•  Late Payment 

Up to $38 (Varies by State. See next page for details.). 

•  Returned Payment 

Up to $38 (Varies by State. See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” 
See your Secured Credit Card Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Secured Credit Card Agreement. 

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within next 
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the 
next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within 
next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation 
within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be 
equal to the Minimum Payment Due. 

SECURITY INTEREST: Information on the security interest you provided on the deposit account that secures your Credit 
Card account is provided in your Secured Credit Card Agreement. 

Continued on next page 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Interest Charges for Covered  Members of the Armed Forces and Their Dependents: Federal law provides important 
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, 
the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual 
percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated 
with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application 
fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee 
charged (other than certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or 
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces 
members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 
1-800-659-5495). 

Doing business in South Dakota as Bank of the West California. 

 
 
 
By  requesting  or  accepting a  Secured  Mastercard Credit 
Card account (“Credit Card account” or “Account”) with Bank 
of  the West, you  agree to  be  bound  by  all  the  terms  of this 
Agreement.  In  this  Agreement,  the  words  “you”  or  “your” 
mean  everyone  who  has  requested  or  accepted  a  Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
If  you  do  not  accept  this 
mean  Bank  of 
Agreement, you must  notify  us in  writing  within  5  days  after 
receipt. Use of your card or any feature (including a balance 
transfer)  of  your  Credit  Card  Agreement  shall  constitute 
acceptance of this Agreement. 

the  West. 

1. Use.  Your  Credit  Card  account  card  (“Card”)  may  be 
used  as  a  credit  card  for  purchases  of  goods  or  services 
from  participating  merchants  (“Purchases”)  or  to  get  Cash 
Advances from us or any other financial institution displaying 
the “Mastercard”” logo, or to purchase certain items such as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers,  lottery tickets,  and  (except  as  noted below)  funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively  referred  to  as  “Cash  Advances”)  up  to  your 
Credit Limit; provided, however, you may not use your Card 
(i)  to  make  Purchases  or  obtain Cash Advances  for   any 
illegal  transaction,  or  (ii)  for  any  internet  or  online  gambling 
transactions.  Transactions  for  online  or  internet  gambling 
will  not  be  approved.  If  you  use your  Card  for  any  illegal  or 
prohibited transaction,  this Agreement  also  applies to such 
transaction  and  you  agree  to  pay  any  and  all  amounts 
related  to  such  transaction  pursuant  to  the  terms  of  this 
Agreement. We may,  in  our sole  discretion,  restrict the  use 
of  or terminate your  Card  if  we  notice  excessive  use  of your 
Card  or  other  suspicious  activities  or  if  we  reasonably 
believe the Card is or has been used for one or more illegal 
or  prohibited  transactions.  You  can  also  obtain  a  Cash 
Advance  by  writing  a  special  Mastercard  check 
(“Convenience  Check”).  The  Cash  Advance  will  be  posted 
to  your  Credit  Card  account  when  the  Convenience  Check 
reaches  us.  If  you stop  payment  on  a  Convenience  Check, 
your  Credit  Card  account  will  be  charged  $16.00  (or  as 
permitted by law) for each stop payment. We may designate 
that  only  a  portion  of your  Credit  Limit  is  available  for  Cash 
Advances.  In  addition,  you  may  request  that  we  pay  other 
creditors  on  your  behalf  and  transfer  approved  amounts  to 
your Account (“Balance Transfers”). 

Your Card may also be used in certain automated 

terminals  to gain  access  to your  Credit  Card  accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use. 

repay 

2. Credit  Limit.  Your  Credit  Limit  for  the  Credit  Card 
account  you  have  with  us  will  be  based  on  the  amount 
described  in  paragraph  21.  You  agree  that  your  total 
charges,  including  Purchases,  Cash  Advances,  Balance 
Transfers,  INTEREST  CHARGES,  and  fees  that  may  be 
due  will  not  exceed your  Credit  Limit.  If you  do  go  over  your 
Credit  Limit,  you  must 
the  excess  amount 
immediately,  and  we  may  reduce the  available  Credit  Limit 
of any other Credit Card account you have with us until such 
time  the  excess  amount  is  repaid.  You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore,  we  reserve  the  right  to  lower your  Credit  Limit 
at  any  time.  For security  reasons,  we  may  limit  the  number 
or  amount  of  transactions  that  may  be  accomplished  with 
your  Card  or  Credit  Card  account,  and  we  have  the  right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary  to  verify  Payments  received  on your  Credit  Card 
account. If we accept a payment from you in excess of your 

increase  your  Credit  Limit  at  any 

to 

BW-SCCAG (Rev. 10/2020) 

SECURED  CREDIT CARD 
AGREEMENT 
(Pe rsonal Accounts) 

outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased  by the  amount  of the  overpayment  nor  will  we  be 
required  to  authorize  transactions  for  an  amount in  excess 
of your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such  as car  rental companies  and  hotels, may  request  prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily  be  reduced  by  the  amount  authorized  by  us.  If 
you  do  not  ultimately  use  your  Credit  Card  account  to  pay 
for  your  Purchases  or  if  the  actual  amount  of  Purchases 
posted  to  your  Credit  Card  account  varies 
the 
estimated  amount  approved  by  us,  it  is  the  responsibility  of 
the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

from 

4. Agreement to Pay. When you use your Card or Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including any which may have been made in violation of this 
Agreement),  and  the  INTEREST  CHARGES,  and  fees that 
may  become  due  as shown  on the  periodic statement. You 
agree  that  we  may  change  or  cancel  your  Credit  Card 
account  at  any  time  without  affecting your  obligation  to  pay 
the amounts that you owe under this Agreement. 

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,” and your minimum monthly payment, which will be 
shown as “Minimum Payment Due.” 

6. Payment. You  must make  a  payment  by  the  “Payment 
Due  Date.”  You  have  two  choices: You may  pay the  entire 
“New  Balance”  or you may  pay  in installments  by  paying  at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.  The 
Minimum  Payment 
to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made  in  excess  of  the Minimum Payment  will  be 
applied 
the  highest  ANNUAL 
PERCENTAGE  RATE  (APR)  and  then  to  each  successive 
balance  bearing  the  next  highest  ANNUAL PERCENTAGE 
RATE. 

to  balances  with 

is  applied 

fees, 

then 

first 

first 

to 

Payments   must   be   mailed   to   the   BankCard Center 
address specified  in your  periodic statement  and  reach the 
BankCard Center  during our  regular  business day by 5:00 
p.m. Pacific  Time  for  the  payment  to  be credited  the same 
business  day.  Payments  made  in  person  at  one  of  our 
branches,  or  made  by  telephone,  or  made  through  our 
website or another website controlled by a third party on our 
behalf  must  be  received  by  5:00  p.m.  Pacific  Time  to  be 
credited  the  same  business  day.  Payments  received  after 
the cutoff  time  of  5:00  p.m. Pacific  Time  are credited  as  of 
the  following  business  day.  If  you  fail  to  properly  make 
payments, crediting  of  such  payments may  be  delayed  and 
you  may  incur  late  charges  and  additional  interest  as  a 
result  of  the  delay.  Even  when your  payment  is credited to 
your  account,  we  may  delay  the  availability  of  part  or  all  of 
your payment amount as credit for up to 15 days. 

If  a  payment is  returned to  us  for  any  reason,  we  may 
apply  a  Returned Payment Fee  of  $27  for  the  first  violation 
and  $38  for  each  subsequent  violation  within  the  next  six 
billing cycles. The Returned Payment Fee for Iowa residents 

 
 
 
 
 
 
 
 
 
 
 
 
is  $27  for  the  first  violation  and  $30  for  each  subsequent 
violation  within  the  next  six  billing  cycles.  If  the  Returned 
Payment  Fee  is  greater  than  the  Minimum  Payment  Due, 
the fee will be equal to the Minimum Payment Due. 

From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise  you of  the scope  and  duration  of the applicable  skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

7. Minimum  Payment  -  Late  Payment  Fee.  At  least the 
amount of the “Minimum Payment Due” must be received by 
us  by the  “Payment  Due  Date.”  If  it  is  not,  we may  apply  a 
Late  Payment  fee  of  $27  for  the  first  violation  and  $38  for 
each subsequent  violation  within  the  next six  billing  cycles. 
The  Late  Payment  fee  for  Iowa  residents  is  $27  for the  first 
violation  and  $30  for  each  subsequent  violation  within  the 
next  six  billing  cycles.  If  the  Late  Payment  fee  is  greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum  Payment  Due.  If  such  charge  would  result  in  an 
INTEREST CHARGE greater than the maximum allowed by 
law,  we  will  only charge the maximum  allowable  rate. Your 
Minimum Payment  Due  will  be  3% of the  New  Balance  plus 
any  Late Payment  fee  (with  a minimum  of  the lesser  of  $27 
or your New Balance) and any amount over your credit limit 
and past due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying  an  INTEREST  CHARGE  on Purchases  if  we  receive 
the  entire  New Balance  by the Payment  Due  Date.  If  we  do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES  on  all  other  balances, including  Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will  be  assessed  even  if your  entire  New  Balance is  paid  by 
the Payment Due Date. 

9. Computing Your INTEREST CHARGE. We figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the  periodic  rate  to the  “Average  Daily Balance”  of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Purchases,  Balance 
Advances, 
Introductory Rates and any special rate offers we may make 
available  from  time to time.  If you are charged  interest,  the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement). 

Transfers,  Cash 

a.  Average  Daily  Balance.  To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.  To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying  the  Average  Daily  Balances  by  the  applicable 
Daily Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number  of  days  in the  billing  period.  To  determine  the  Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE  RATE  for  each  Balance  Category 
described below under “Variable Rate.” 

c.  Variable  Rate.  The  current  ANNUAL  PERCENTAGE 
RATE  for  all  variable  rates  is  shown  on  the  Account 
Opening  Disclosure  which  has  been  provided  to  you  with 
the 
this  Agreement.  The  Daily  Periodic  Rate  and 
corresponding ANNUAL PERCENTAGE RATE may change 
each  month  on  the  first  day  of  each  of  your  billing  cycles. 
Each  date  on  which  the  rate  of  interest  could  change  is 
called a “Change Date.” Changes will be based on changes 

BW-SCCAG (Rev. 10/2020) 

in the  “Index.”  The  Index  is  the Prime  Rate  published  in the 
“Money  Rates”  table  of  The  Wall  Street  Journal  on  the 
business  day  immediately  preceding  the  day  your  billing 
cycle  ends.  If  the  Index  is  no  longer  available,  we  will 
choose  a  new  index  which  is  based  upon  comparable 
information  and  will  give  you  notice  of  our  choice.  The 
ANNUAL PERCENTAGE  RATE may increase  or  decrease 
each  month  if  the  Index  changes.  Any  new  rate  will  be 
applied  as  of the  first  day  of your billing cycle  during  which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE 
INTEREST 
CHARGE, which may result in a higher minimum payment. 

increases,  you  will  pay  a  higher 

Your interest  rate  for  Purchases  and Balance  Transfers 
on  your  Credit  Card  account  is  based  on  a  variable  rate 
equal to the sum of the Index plus a “Rate Spread” of 18.74 
percentage  points.  The  interest  rate  for  Cash Advances  on 
your Account is based on a variable rate equal to the sum of 
the  Index  plus  a  “Rate  Spread”  of  21.74  percentage  points. 
Immediately before each Change Date we will determine the 
new  interest  rate  by  adding  the  Rate  Spread  to  the  Index. 
The  new  interest  rate  will  become  effective  at  the  start  of 
your  first  billing  cycle  after  the  Change  Date.  Only  one 
ANNUAL PERCENTAGE RATE and Daily Periodic Rate will 
be  in  effect  for  each  Balance  Category  during  the  billing 
period.  The ANNUAL PERCENTAGE  RATE  will  not  exceed 
the  maximum  rate  permitted  by  law.  The  effect  of  any 
increase  in  the  ANNUAL  PERCENTAGE  RATE  and  the 
Daily  Periodic  Rate  would  be  to  increase  the  amount  of 
INTEREST  CHARGE  or  interest  you  must  pay  and  thus 
increase your monthly payments. 

10.  Transaction Fees. You also agree to pay us the 

appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which may  be  amended  from time  to time  by  us. You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  4.00%  of 
each balance transferred, $10 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum. 

the 

time 

foreign 

transaction 

transactions. 

in  effect  at 

11.  Foreign  Transaction  Fee.  Transactions  that  you 
make  in  a  foreign  currency  or that you make  outside  of the 
United States  of  America  even  if  it  is  made  in  U.S.  dollars 
If  you  make  a 
are  considered 
transaction in a  foreign  currency it will  be  billed to  you in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined by Visa International or Mastercard International 
in accordance with their operating regulations or conversion 
procedures 
is 
the 
processed.  Currently,  their  regulations  and  procedures 
provide  that the currency conversion rate they use is either 
(1)  a  government-mandated  rate  or  (2)  a  wholesale  market 
rate,  whichever  is  applicable,  in  effect  one  day  prior to  the 
processing  date.  We  do  not  determine  the  currency 
conversion  rate  which  is  used.  You  agree  to  pay  the 
converted  amount  in  U.S.  funds.  In  addition,  Visa  or 
Mastercard  will  charge  us  (the  Bank)  an  international 
transaction  fee,  currently  equal  to  one  percent  (1.00%)  of 
the transaction amount. We will charge you the international 
transaction  fee  imposed  on  us  plus  an  additional  two 
percent  (2.00%)  of  the  transaction  amount  whether  that 
transaction was originally made in U.S. dollars or was made 
in  another  currency  and  converted  to  U.S.  dollars.  These 
two  fees  will  be  aggregated  and  shown  as  one  Foreign 
Transaction Fee on your statement. 

12.  Annual  Fee.  We  will  assess  an  Annual  Cardholder 
Fee  of  $25  for  each year your Account is  open,  whether  or 
not you  use your Account  and  regardless of  the  number  of 
cards  issued  on  your  Account.  You  can  avoid  the  Annual 
Cardholder Fee if you terminate your Account within 30 days 
after  the  date  of the periodic statement in  which the  Annual 
cardholder  fee is  posted.  Otherwise, the  Annual  Cardholder 
fee will not be refunded in whole or in part and shall be owed 
to  us  by you  even  if your Account  is subsequently changed, 
suspended, closed or terminated for any reason. 

13.  Other Fees.  As  allowed  by law,  we may charge,  and 
you agree to pay, fees for certain services or requests made 
by you, such as but not limited to: Automated Teller Machine 
(“ATM”)  transactions  conducted  at  machines  not  operated 
by us, requests for copies of billing statements, sales drafts, 
or  other  records  of  your  Account,  or  if  you  request  a 
replacement card(s). However, we will not charge fees for 

 
copies  of  documents  requested  for  a  billing  dispute.  These 
fees  may  change  from  time  to  time.  We  will  inform  you  of 
the  fee(s)  that  you  will  incur  prior  to  when  the  applicable 
service(s) is(are) provided or when you make the request(s), 
as  applicable. You  authorize  us  to charge your  Credit  Card 
account  for  any  such  fees  that  you  incur.  We  reserve  the 
right to  waive  a  fee  from  time  to time  but  a  waiver  does  not 
mean we will continue to waive such fee in the future. 

14.  Interest  Charges  for  Covered  Members  of  the 
law 
Armed  Forces  and  Their  Dependents:  Federal 
provides  important  protections  to  members  of  the  Armed 
Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces and his or her dependent may 
not exceed an ANNUAL PERCENTAGE RATE of 36%. This 
rate  must  include,  as  applicable  to  the  credit transaction  or 
account: 
insurance 
the  costs  associated  with  credit 
premiums; fees for ancillary products sold in connection with 
the  credit  transaction;  any  application  fee  charged  (other 
than certain application fees for specified credit transactions 
or  accounts);  and  any  participation  fee charged  (other  than 
certain participation fees for a credit card account). 

If you are a covered member of the armed forces or a 
dependent, you  will not be charged annual fees, transaction 
fees,  or penalty  fees so that your cost may  not  exceed the 
Military  Lending  Act  ANNUAL  PERCENTAGE  RATE  cap. 
Armed  Forces  members  and  their  dependents  can  hear 
about the protections provided to them by calling 1-866-761- 
2689 (TTY  users call 1-800-659-5495). 

15.  Default.  We  may  declare  the  entire  balance  for  the 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account,  make  no more  additional loans,  and  require you to 
immediately  repay the  entire  unpaid  balance  of  all  amounts 
due on your Credit Card account, including but not limited to 
all  loan  amounts,  late charges  and  other charges  assessed 
but  not  paid,  and  all  of the  INTEREST  CHARGES  accrued 
but  not  paid.  If  we terminate your  Credit  Card  account, your 
obligation  to  repay  the  amounts  you  already  owe  us  would 
continue. 

At our option, we may also take action short of 

terminating your Credit Card account. If we take such lesser 
action initially,  we  reserve  the  right to terminate your  Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration. 

16.  Automated Terminal Services 

a. Automated  Terminals.  You  may  use  your  Card  in 

the following automated terminals: 

(1) Any Bank of the West automated teller machines. 
is 
(2) Any  other  automated  teller  machine 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

that 

(3) Any point-of-sale terminal that accepts our Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 

(1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get a Cash Advance from your Credit Card 

account. 

(b) Get your  Credit  Card  account  balances.  These 
balances  may  not include some  transactions  recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase  certain  merchandise.  The  amount  of  your 
purchase  will  automatically  be  charged  to your  Credit  Card 
account as a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 

BW-SCCAG (Rev. 10/2020) 

exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible  for  all  transactions  in  which you  use your  Card 
in  an  automated terminal,  or  the  use  of  the  Card  by  anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you,  and  the  magnetically  encoded  stripe  on  the  Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
Please  notify  us  of  any  mechanical  or  operating  failure  in 
connection with the use of your Card. Do not permit anyone 
else  to  use your  Card  and  do  not  disclose  your secret code 
or  record  it  on the  Card.  The  Card  remains  the  property  of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

e. Fees for Using Automated Terminal Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described 
in 
paragraph 13-Other Fees. 

17.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as  a credit card. You  will  not  be  liable  for  unauthorized  use 
of  your  Card  as  a credit  card  which  occurs  after you  notify 
us at  the telephone  number  or  address stated  in paragraph 
18, orally or in writing, of loss, theft, or possible unauthorized 
use.  In  any case, your liability  for  unauthorized  use  of your 
Card as a credit card will not exceed $50.00. 

18.  Where to Call or Write. If you believe your Card has 

been lost or stolen or that someone is using your Card or 
Credit Card account without your permission, call: 
1-800-996-2638 (for  TTY call 1-800-659-5495) or write to: 
Bank of the West, BankCard Security Department, PO Box 
2078 Omaha, NE 68103-2078 

19.  Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

20.  Credit  Investigation and  Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported  inaccurate  information  about  you  to  a  credit 
bureau,  please  call  us  at  1-800-996-2638  (for  TTY  call  1- 
800-659-5495). As  required  by law, you  are  hereby  notified 
that  a  negative  credit  report  reflecting  on your credit  history 
may  be submitted to  a credit  reporting  agency  if you  fail to 
fulfill the terms of your credit obligations. 

incur 

to  secure 

21.  Security 

the  obligations  you 

Interest.  This  Credit  Card  account 

is 
secured  by  a  deposit  account  (“Deposit  Account”)  in  your 
name  only  with  Bank  of  the  West.  The  amount  you 
deposited  in  the  Deposit  Account  (subject  to  the  minimum 
amount  required  and  maximum  amount  allowed  by  the 
Bank)  is your credit limit.  The  Deposit Account  will  be  used 
as  collateral 
in 
connection  with  your  Credit  Card  account.  You  grant  the 
Bank a security interest in, and assign to the Bank, all funds 
in  your  Deposit Account.  You  agree that you  will  be  bound 
by  the  agreement  (“Deposit  Account  Agreement”)  for  your 
Deposit Account and that your Deposit Account is subject to 
this  Agreement. You  grant the Bank  exclusive  control  over 
the  Deposit  Account,  the  right  to  redeem,  collect  and 
withdraw  any  part  or the  full  amount  of  the  Deposit  Account 
upon any default under this Agreement or if your Credit Card 
account is closed for any reason. The Bank may apply funds 
in the  Deposit Account  to  pay  off  any  balance  on the  Credit 
Card  account  if  the  Credit  Card  account  is  closed  for  any 
reason.  You  may  not  make  or  otherwise  arrange  for  any 
deposits  to  or  withdrawals  from  the  Deposit  Account  while 
the Deposit Account secures your Credit Card account. The 
Deposit Account will not be eligible for Auto-Save or Savings 
Overdraft Protection while the Deposit Account secures your 
Credit  Card  Account. You  provide  the security  interest  and 
assignment  as  security  for  any  and  all  amounts  you  may 
owe  (including  but  not  limited to  interest,  fees and charges 
which  may  accrue  under  your  Credit  Card  account).  The 
balance of your Deposit Account is only refundable after 

 
your Credit Card account is closed and all amounts owed to 
the Bank are paid (any remaining amount you  request to be 
refunded  may  take  up  to  30  days  to  be  returned  to  you). 
You  agree  to  pay  all  charges  and  follow  all  practices  set 
forth  in  the  Deposit  Account  Agreement  for  the  Deposit 
Account that secures your Credit Card account and abide by 
all  future changes to  the  terms  and charges  for  the  Deposit 
Account. 

22.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

23.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect  from  or  sue  any  one  of you,  or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

24.  Compliance  with  Law/Sanctions.  You  agree  to 
comply  with  all  applicable  laws  and  regulations,  including 
those  relating  to  anti-bribery,  anti-money  laundering,  the 
fight  against  terrorism,  and  sanctions  (“Sanctions”),  that 
apply to the  Bank or  BNP Paribas  S.A. You  represent  that 
you  are  not the  target  of  Sanctions. You  agree to  hold the 
Bank  harmless  from  liability  for  any  actions  taken  by  the 
Bank  to  comply  with  applicable  laws  and  regulations, 
including Sanctions. 

25.  No  Waiver  of  Rights.  If  we choose  to  waive  any  of 
the terms or conditions of this Agreement on a case-by-case 
basis, such as by not declaring the entire balance due when 
the  minimum  monthly  payment  has  not  been  made  on  time, 
it does not mean that we have waived, or given up, our right 
to  exercise  any  of  our  rights  or  remedies  under  this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts  due  to  us  under  this Agreement.  No  indulgence  or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitutes  a  waiver  of  our  rights  or  of  any provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

26.  Changing Terms. We can change, add to, delete or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before  the  effective  date  of  the change. We  do  not  have  to 
send you  an  advance  notice  of the change  if  it  favors  you, 
such as by reducing rates, or increasing the maximum credit 
limit.  Except  in  cases  where  we  are  changing terms  due to 
the  Minimum  Payment  Due  not  being  received  within  60 
days  of  the Payment  Due  Date, you  agree that  the change 
may cover  all  transactions made 15  days  after  we  mail the 
notice.  If  you  do  not  agree  to  the  change,  a  method  for 
rejecting  the  change  and  closing  the  Account  will  be 
provided  in  the  Change  of  Terms  Notice.  You agree  that  if 
you use your card after the effective date of the change, this 
will constitute your agreement with the change. 

27.  Canceling this Agreement. We have the right to 

cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of you  in  writing. You  also have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing.  If  this  Agreement  is  canceled  by  you  or  us,  your 
obligation  is  to  repay  amounts  you  already  owe  under  this 
Agreement,  and you must  return your  Card  to  us  or destroy 
the card.  In  either case, the Account  will  be closed  and  you 
will no longer have  access to the Account. 

28.  Governing Law.  This Agreement will be governed by 
the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
29.  Monitoring/Recording  Telephone  Calls.  Our 
to  and  record  your 
supervisory  personnel  may 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

listen 

30.  Severability.  All  other  provisions  of  this  Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this  Agreement  are  held 
illegal,  void  or 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

BW-SCCAG (Rev. 10/2020) 

31.  Authorized  User.  If  you  elect  to  have  an  authorized 
user, you will be liable for all transactions made by that user 
on your Account. Any  authorized  user  is  not  a  contractually 
liable party. 

32.  Our  Communications  with  You. You  agree that  we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your  banking services  to  assure  the  quality  of  our 
service or for other reasons. You expressly consent that we, 
any  of  our  affiliates,  agents,  independent  contractors  or 
service  providers  may  use  written,  electronic,  or  verbal 
means,  or  any  other  medium,  as  permitted  by  law  and 
including,  but  not  limited  to,  mail  and  facsimile,  to  contact 
you. Your consent  includes,  but  is  not  limited  to, contact  by 
manual  calling  methods,  prerecorded  or  artificial  voice 
messages, 
text  messages,  e-mails  and/or  automatic 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
independent  contractors  or  service 
affiliates,  agents, 
providers  may  contact  you  by  using  any  e-mail  or  any 
telephone  number  you  provide, 
including  a  telephone 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result. 

33.  RESOLUTION OF DISPUTES BY ARBITRATION. 
PLEASE  READ  THIS  ARBITRATION  PROVISION 
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
WAIVE  YOUR  RIGHTS  TO  TRY  ANY  CLAIM  IN  COURT 
BEFORE  A  JUDGE  OR  JURY  AND  TO  BRING  OR 
PARTICIPATE 
ANY  CLASS  OR  OTHER 
REPRESENTATIVE ACTION. 

IN 

a.  Agreement  to  Arbitrate  Disputes.  Except  as 
otherwise  provided,  if  you  are  unable  to  resolve  a  dispute 
with us informally, you and we agree that the dispute will be 
resolved  through  the  binding  arbitration  process set  forth  in 
this arbitration provision upon demand by either you or us. 

include 

relief)  sought.  Disputes 

b.  Disputes  Covered  By  Arbitration.  Except  as 
otherwise  provided,  any  dispute  relating  to  or  arising  out  of 
your Account or this Agreement, including any aspect of any 
agreement  governed  by  this  Agreement,  or  prior  or  later 
versions of this Agreement, and any changes to the terms of 
this  Agreement  will  be  subject  to  arbitration.  Except  as 
expressly  provided,  all  disputes  are subject  to  arbitration  no 
matter the legal theory or remedy (damages, or injunctive or 
declaratory 
(1)  any 
unresolved  claims concerning  any services  relating to your 
Account,  including,  without  limitation,  Purchases,  Balance 
Transfers,  Cash  Advances,  INTEREST  CHARGES,  your 
use  of  any  of  our  banking  locations  or  facilities,  or  any 
means you  use to access your  Account;  (2)  any claims that 
arose  before you  and  we  entered  into  this Agreement  (such 
as  disputes  related  to  advertising)  and  after the termination 
of  this Agreement;  (3)  not  only claims  made  directly  by you, 
but  also  made  by  anyone  connected  with  you  or  claiming 
through  you,  such  as  an  authorized  user,  a  beneficiary, 
employee, representative, agent, predecessor or successor, 
heir,  assignee,  or trustee  in  bankruptcy;  (4)  not  only claims 
that  relate  directly  to  us,  but  also  our  parent,  affiliates, 
successors,  assignees,  employees,  and  agents  and claims 
for  which  we may  be  directly  or  indirectly  liable,  even  if  we 
are  not  properly  named  at  the  time  the  claim  is  made;  (5) 
claims  based  on  any  theory  of  law,  contract,  statute, 
regulation, tort (including fraud or any intentional tort), or any 
other legal or equitable ground, and include claims made as 
counterclaims, 
claims, 
interpleaders  or  otherwise;  (6)  claims  made  as  part  of  a 
class  action  or  other  representative  action,  being  expressly 
understood  and  agreed that  arbitration  of such claims  must 
proceed  on  an  individual  (non-class,  non-representative) 
basis;  and  (7)  claims  relating  to  the  enforceability  or 
interpretation  of  this  arbitration  provision.  A  party  who 
initiates  a  proceeding  in  court  may  elect  arbitration  with 
respect to  any  dispute  advanced  in that  proceeding by  any 
other  party.  This  arbitration  provision  shall  survive  any 
termination of this Agreement or your Account. 

cross-claims, 

party 

third 

c.  Disputes Not Covered By Arbitration. Disputes 
filed  by you  or  by  us  individually  in  a small  claims court  are 
not subject to arbitration if the disputes remain in such court 
and advance only as an individual claim for relief. 

d.  Opt  Out.  You  have  the  right to  opt  out  of  arbitration 
by sending a  signed written notice stating your decision to 

 
h.  Public Injunctive Relief Waiver. If either you or we 
elect to arbitrate a dispute, neither you nor we will have the 
right to seek  a  public  injunction  in  arbitration  or  in court, if 
such  a  waiver  is  permitted  by  the  FAA.  If  any  waiver  of 
public  injunctive  relief  in  this  arbitration  provision  (as  set 
forth  in  any  part  of  this  arbitration  provision)  is  found  to  be 
invalid  or  unenforceable,  and  that  decision  is  not  reversed 
on appeal, any claim for a public injunction will be decided 
in court  after  all  other  disputes to  be  decided  in  arbitration 
under  this  arbitration  provision  are  arbitrated  and  the 
arbitration  award  regarding  individual  relief  has  been 
entered  in  court.  In  no  event  will  a  claim  for  public 
injunctive  relief  be  arbitrated.  As  set  forth in  “Severability” 
below,  the  invalidity  or  unenforceability  of  this  paragraph 
will  not  affect  the  validity  or  enforceability  of  the  remainder 
of this arbitration provision. 

i.  Arbitration Costs. We will pay the filing, 

administrative  and/or  arbitrator’s  fees  or  compensation 
(“Arbitration  Fees”) that  we  are  required to  pay  pursuant to 
the  arbitration  forums’  rules  or  the  law.  In  addition,  with 
respect  to  Arbitration  Fees  that  you  are  required  to  pay 
under  the  arbitration  forum’s  rules  in  connection  with  an 
individual arbitration you have commenced against us, if you 
would  like  us  to  consider  paying  them  because  you  are 
unable to do so, you must first request a waiver or reduction 
of  the  Arbitration  Fees  from  the  arbitration  forum.  If  the 
request  is  denied  or you  remain  unable to pay  the  reduced 
Arbitration  Fees,  we  will consider  paying them if  we  receive 
a  written  request  by  you  sent  to  Bank  of  the  West  Legal 
Department,  180  Montgomery  Street,  San  Francisco, 
California 94104. 

j.  Applicable Law. You and we are participating in 
transactions  that  involve  interstate  commerce  and  this 
arbitration  provision  and  any  resulting  arbitration  are 
governed  by  the Federal  Arbitration  Act.  To the  extent state 
law  applies,  the  laws  of  the  state  governing  your  Account 
relationship  apply.  No state statute  pertaining  to arbitration 
shall apply. 

k.  Severability. Except as provided in ”Public Injunctive 
Relief  Waiver,”  if  any  part  of  this  arbitration  provision 
regarding 
joinder,  consolidation,  class  actions,  class 
arbitrations,  general  public  or  private  attorney  general 
actions  is  found  to  be  illegal  or  unenforceable,  that  invalid 
part  shall  not  be  severable  and  this  entire  agreement  to 
arbitrate disputes shall be unenforceable. If any other part of 
this  arbitration  provision,  including  “Public  Injunctive  Relief 
Waiver,”  is  deemed  to  be  invalid  or  unenforceable,  that 
invalid  part  will  be  severed  from  the  remainder  of  this 
arbitration  provision  and  the  remainder  of  this  arbitration 
provision will be enforced. 

opt  out  of  arbitration  to  BANK  OF  THE  WEST  at  Loan 
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
after  the  date  you  opened  your  Account  (“Account  Open 
Date”). 

e.  Commencing  an  Arbitration.  The  party  initiating 
arbitration  must  choose  one  of  the  following  arbitration 
forums  to  administer  arbitration  under  the  forum’s  rules 
(except  as  modified  by  this  Agreement):  (i)  the  American 
Arbitration  Association  (“AAA”)  under  AAA’s  Consumer 
Arbitration  Rules  available  at  www.adr.org  or  1-800-778- 
7879;  (ii)  JAMS  under  JAMS’  Comprehensive  Arbitration 
Rules  &  Procedures  or  Streamlined  Arbitration  Rules  & 
Procedures, 
JAMS’  Consumer  Minimum 
Standards  (but  not  JAMS’  Class  Action  Procedures), 
available at www.jamsadr.com or 1-800-352-5267. 

including 

the 

individual  claimant  under  applicable 

f.  Arbitration  Procedure.  Arbitration shall  be  decided 
by  a  single  neutral  arbitrator  selected  in  accordance  with 
AAA’s  or  JAMS’  rules,  as  applicable.  The  arbitrator  will 
decide  the  dispute  in  accordance  with  the  terms  of  our 
agreements  and  applicable  substantive  law,  including  the 
Federal Arbitration  Act  and applicable  statutes  of limitation. 
The  arbitrator  shall  honor  claims  of  privilege  recognized  at 
law. Except as otherwise provided, the arbitrator may award 
damages  or  other  relief  (including  injunctive  relief)  available 
to 
law.  The 
arbitrator  will  not  have  the  authority  to  award  relief  to,  or 
against,  any  person  or  entity  who  is  not  a  party  to  the 
arbitration. An award in arbitration shall determine the rights 
and  obligations  between  the  named  parties  only,  and  only 
with  respect  to  the  dispute  in arbitration  and shall  not  have 
any  bearing  on  the  rights  and  obligations  of  any  other 
persons,  or  on  the  resolution  of  any  other  dispute.  The 
arbitrator  will take  reasonable steps  to  protect your  Account 
information and other proprietary or confidential information. 
Any  arbitration  hearing shall take  place in the same city  as 
the U.S. District Court closest to your home address, unless 
the  parties  agree  in  writing  to  a  different  location  or  the 
arbitrator  so  orders.  If  you seek  a total  recovery  of  $10,000 
or  less,  you  may  choose  whether  the  arbitration  will  be 
conducted  solely  on  the  basis  of  documents  submitted  to 
the  arbitrator,  through  a  telephonic  hearing,  or  by  an  in- 
person hearing in accordance with AAA’s or JAMS’ rules. At 
your  or  our  request,  the  arbitrator  will  issue  a  reasoned 
written  decision  sufficient  to  explain  the  essential  findings 
is  based.  The 
and  conclusions  on  which  the  award 
arbitrator’s  award  shall  be  final  and  binding,  subject  to 
judicial  review  only to the  extent  allowed  under  the  Federal 
Arbitration  Act.  You  or  we  may  seek  to  have  the  award 
vacated  or  confirmed  and  entered  as  a  judgment  in  any 
court with jurisdiction. 

g.  No Class Action or Joinder of Parties. You and we 
agree  that  no class  action,  private  attorney  general  or  other 
representative  claims may  be  pursued in  arbitration  and  no 
such action may be pursued in court if either you or we elect 
arbitration. Unless mutually agreed to by you and us, claims 
of  two  or more  persons  may  not  be  joined, consolidated,  or 
otherwise  brought  together  in  the  same  arbitration  (unless 
those  persons  are  joint  account  holders  or  beneficiaries  on 
your  Account  or  related  accounts,  or  parties  to  a  single 
transaction or related transaction). 

Your Billing Rights 

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find a Mistake on Your Statement 
If you think there is an error on your statement, write to us 
at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
In your letter, give us the following information: 
•  Account information: Your name and Credit Card 

account number. 

•  Dollar amount: The dollar amount of the suspected 

•  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 [or 
electronically]. You may call us, but if you do we are not 

error. 

BW-SCCAG (Rev. 10/2020) 

 
 
 
 
required  to  investigate  any  potential  errors  and  you  may 
have  to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1.  Within  30  days  of  receiving  your letter,  we must tell you 
that  we  received  your  letter. We  will  also tell you if  we  have 
already corrected the error. 

2.  Within 90  days  of  receiving  your letter,  we must  either 
correct  the  error  or  explain to you  why  we  believe  the  bill  is 
correct.  While  we  investigate  whether  or  not  there  has 
been an error: 

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. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which  the  debtor could  assert  against the seller  of  goods  or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof.  Recovery  hereunder  by  the  debtor shall  not  exceed 
amounts paid by the debtor hereunder. 

•  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. 

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 
let  those 
reported  you  as  delinquent,  and  we  must 
organizations  know  when  the  matter  has  been  settled 
between us. 

If  we  do  not  follow  all  of  the  rules  above, you  do not  have 
to  pay the  first  $50  of  the  amount you  question  even  if your 
bill is correct. 

Your  Rights  If  You  Are  Dissatisfied  With  Your  Credit 

Card Purchases 

If  you  are dissatisfied  with the  goods  or services  that you 
have  purchased  with your credit card  and you  have  tried  in 
good  faith  to  correct  the  problem  with  the  merchant,  you 
may  have the  right  not to  pay  the  remaining  amount  due  on 
the purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state 
or  within  100  miles  of your current mailing  address,  and the 
purchase  price  must  have  been  more  than  $50.  (Note: 
Neither  of  these  are necessary  if  your  purchase  was  based 
on  an  advertisement  we  mailed  to  you,  or  if  we  own  the 
company that sold you the goods or services.) 

2.  You must  have  used your credit card  for the  purchase. 
Purchases made with cash advances from an ATM or with a 
check  that  accesses  your  Credit  Card  account  do  not 
qualify. 

3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

BW-SCCAG (Rev. 10/2020)