Wealth Management Visa Signature Credit Card Agreement (May Nt Be Available t Residents f All States) This Agreement and the dcuments listed belw gvern the use f yur Visa Signature credit card accunt with Cmpass Bank ( Accunt ) which may be drawn upn by using either the Visa Signature credit card (a Card ) r the Checks which have been imprinted with yur name and accunt number ( Checks ) furnished by Cmpass Bank. These ther dcuments are part f this Agreement: The applicatin r slicitatin ( Applicatin ) yu signed r therwise gave us t ask fr the Accunt; and The flder sent with each Card ( Card Flder ). Please read and keep these dcuments fr yur recrds. 1. Parties and Addresses: Bank: In this Agreement, we, us and ur refer t Cmpass Bank and anyne t whm we give r sell yur Accunt. Unless we tell yu therwise, ur mailing address is: Cmpass Bank Card Center, P.O. Bx 2210, Decatur, Alabama 35699-0001. Yu: Yu and yur refer t each persn (1) wh applied fr the Accunt, r (2) wh agreed t be respnsible fr the Accunt. We will send bills and ther ntices t the address yu give us. Yu prmise t tell us right away if that address changes. 2. Jint Accunts: If yu have a jint Accunt, each f yu may use the Accunt. We may ask any ne f yu t pay any balance due. Any ne f yu may give us any ntice under this Agreement. If yu give us different ntices r make different requests, we may pick which ne t hnr withut telling any f yu. We will nt we anything t yu r anyne else because we picked ne f yur ntices r requests. 3. Prmise t Pay: Yu prmise t pay us fr all transactins n yur Accunt, including thse by anyne whm yu allw t use the Accunt. Yu als prmise t pay any interest, fees and ther amunts yu we us under this Agreement. By keeping, using r permitting thers t use the Accunt r any Card, yu agree t the terms f this Agreement. 4. Gverning Law: This Agreement and yur Accunt will be gverned by (1) federal law, and (2) t the extent nt preempted by federal law, the laws f Alabama, withut regard t its cnflicts f law prvisins. We accepted this Agreement in Alabama. 5. Changing This Agreement: We may change this Agreement unless an applicable law says we may nt. We will tell yu when changes will be effective and hw they will apply t yur Accunt. Yu may nt change this Agreement unless we agree in writing. 6. Using Yur Accunt: Yu may use yur Accunt t make tw types f transactins: Purchases: Yu may purchase r lease gds r services frm any merchant that accepts yur Card r Accunt. Cash Advances: Yu may btain cash r ther advances by using yur Card r Accunt in any f the fllwing ways: Frm us r any ther financial institutin r autmated teller machine ( ATM ) that accepts yur Card; By using a Check as explained in Sectin 16 belw. Payments yu make t anther creditr using a Check are Cash Advances under this Agreement; By purchasing items that can be traded right away fr cash, such as wire transfers, mney rders, traveler s checks, lttery tickets r casin chips; r
By placing bets r wagers (if legal) r t make tax r ther similar payments. 7. Illegal and Online Gambling Transactins: Yu agree nt t use yur Accunt fr any transactin that is illegal where yu live r where the transactin takes place. Yu must find ut if a transactin is legal befre yu make it. Yu als agree nt t use yur Accunt fr any Internet r nline gambling transactin, even if it is legal. We may refuse t authrize any illegal, Internet r nline gambling transactin. If we d authrize the transactin, yu agree t pay us fr it unless an applicable law says yu may nt. 8. Credit Limits: We will tell yu yur starting credit limits n the Card Flder. Yur billing statements als will shw yur credit limits and available credit. (c) Separate Limits: We will give yu a credit limit fr yur Accunt. We als may give yu different limits fr different types f transactins. Fr example, we may tell yu that yu can nly use part f yur credit limit fr Cash Advances. When Yur Payments Increase Available Credit: We may delay increasing yur available credit fr up t 10 days after yu make a payment. Authrizing Requested Transactins: Each attempt by yu r any authrized user t make a Purchase r t btain a Cash Advance n yur Accunt, whether with a Card r Check r therwise, is cnsidered a request fr credit under this Agreement in the amunt f that transactin (a Requested Transactin ). Yur Accunt has n pre-set spending limit. This des nt mean that yu may make unlimited Purchases r btain unlimited Cash Advances. It means that we will evaluate each Requested Transactin and determine, in ur sle discretin, whether t authrize r make payment n that transactin based n a variety f factrs, which may include yur Accunt histry, yur relatinship with us, infrmatin frm cnsumer credit reprts btained frm credit bureaus, ur understanding f yur payment resurces, the utstanding balance n yur Accunt, prir Cash Advances n yur Accunt, safety and sundness cnsideratins, and whether the transactin appears t be fraudulent. In certain circumstances, we may ask fr additinal infrmatin t determine whether we will authrize r make payment n a Requested Transactin. If we authrize r make payment n any Requested Transactin that wuld cause the utstanding balance n yur Accunt t exceed yur credit limit, yu will be required t pay, as part f yur next Minimum Payment Due, the full amunt by which yur New Balance exceeds yur credit limit, as prvided mre fully in Sectin 13 belw. This Agreement will apply t any credit we have extended t yu in excess f yur credit limit. (d) Changes t Yur Credit Limit: Yu may request an increase in yur credit limits by calling us at 1-866-681-0484, and we might agree t yur request. We may change yur credit limits at any time. Fr example, we may (1) increase r decrease any f yur credit limits r (2) cancel yur available credit. We will tell yu first r get yur permissin if an applicable law requires us t. Yu still will have t pay all amunts yu we under this Agreement. 9. Billing Statements: We will send yu a bill at the end f each mnthly billing cycle if applicable law requires. Read each bill as sn as yu get it. Tell us right away if yu see any errr r prblem. Yur bill will shw imprtant infrmatin abut yur Accunt, including: The unpaid balance at the end f the billing cycle ( New Balance ); The minimum amunt f yur next payment ( Minimum Payment Due ); When yur next payment is due ( Payment Due Date ); and The date f the bill ( Statement Date ). 10. Interest: Each billing cycle, we will charge interest t yu n the average daily balance fr each type f transactins n yur Accunt. By type f transactins, we mean Purchases, Cash Advances and any transactins subject t a special ffer. T calculate the interest wed n yur Accunt fr each billing cycle, we first figure ut the average daily balance fr each type f transactins. Next, we multiply the 2
average daily balance by the applicable interest rate. Interest rates are explained in the next sectin. Then, we multiply the resulting amunt by the number f days in the billing cycle. After calculating the amunt f interest wed fr each type f transactins, we add tgether these amunts t determine the ttal amunt f interest wed n yur Accunt fr the billing cycle. Average Daily Balance: T get the average daily balance fr each type f transactins, (1) we take the beginning balance fr that transactin-type, (2) we add any new transactins, debits and fees, and (3) subtract any payments r credits. This gives us the daily balance. The beginning balance fr Purchases will include any unpaid Purchase transactins; any unpaid interest n thse Purchases; any unpaid Late Fee, Returned Payment Fee and Dcument Fee; and any unpaid Freign Transactin Fee charged n a Purchase, including any Purchase subject t a special ffer APR. The beginning balance fr Cash Advances will include any unpaid Cash Advance transactins; any unpaid interest n thse Cash Advances; any unpaid Skip Payment Fee, Expedited Payment Fee, Transfer Fee and Rate Reductin Fee; and any unpaid Cash Advance Fee and Freign Transactin Fee charged n a Cash Advance, including any Cash Advance subject t a special ffer APR. The beginning balance fr any transactins subject t a special ffer APR will include any unpaid balance n thse transactins, and any unpaid interest n thse transactins. Next, we add up all the daily balances fr the billing cycle, and then divide this ttal by the number f days in the billing cycle. This gives us the average daily balance. (c) When Interest Charges Start n Cash Advances: We start charging interest n Cash Advances n the transactin date. Fr Checks, the transactin date is the later f (1) the date we get and/r pay the Check r (2) the first day f the billing cycle in which we add the transactin t yur Accunt. Fr ther Cash Advances, the transactin date is the later f (1) the date yu get the Cash Advance r (2) the first day f the billing cycle in which we add the transactin t yur Accunt. There is n way t avid interest n Cash Advances. Aviding Interest n Purchases (Grace Perid): Yur Payment Due Date is at least 25 days after the clse f each billing cycle. We will nt charge yu interest n Purchases if yu pay yur entire balance by the Payment Due Date each billing cycle. Where required by applicable law, we will nt charge interest n any prtin f a Purchase balance that is repaid by the first specified due date after each Purchase was made if yu paid the entire balance fr the previus billing cycle by the specified due date. Except as described abve, if yu d nt pay yur entire balance by the Payment Due Date, we will start charging interest n each new Purchase n the later f (1) the date yu make the Purchase, r (2) the first day f the billing cycle in which we add the Purchase t yur Accunt. We will pay dwn yur Purchase balance and ther balances as described in Payment Allcatin in Sectin 13(d) belw. 11. Interest Rates: We figure ut hw much interest yu we each billing cycle using daily peridic rates. We get the daily peridic rates by dividing each annual percentage rate ( APR ) belw by 365. The interest rates that apply t yur Accunt are variable rates that may change frm mnth t mnth. (c) (d) APR fr Purchases: The APR fr Purchases will be equal t the Prime Rate plus ne pint ninetynine percentage pints (1.99%). APR fr Cash Advances: The APR fr Cash Advances will be equal t the Prime Rate plus ne pint ninety-nine percentage pints (1.99%). Discunted Intrductry APR: Frm time t time we may ffer a discunted intrductry APR. Any discunted intrductry APR that applies t yur Accunt will be shwn n the Card Flder. Variable Rates: Except fr any discunted intrductry APR, yur APRs will vary with the market based n the Prime Rate. We use the Prime Rate in the Wall Street Jurnal in effect at the clse 3
f business n the last business day f the calendar mnth ending within each billing cycle. Yur APRs may increase if the Prime Rate increases. If yur APRs increase, the amunt f interest yu will we and the Minimum Payment Due may increase. (e) Reevaluatin f Increased Rates: If the APRs n yur Accunt are increased, we will reevaluate yur Accunt as required by law t determine whether yu qualify fr an APR reductin. 12. Fees: Yu agree t pay the fllwing fees, which will be charged t yur Accunt. Transactin Fees: Cash Advance Fee: Fr each Cash Advance drawn n yur Accunt, a fee f $10 r 2% f the Cash Advance, whichever is greater, except that the Cash Advance Fee will nt exceed $100. This fee will nt be charged n any Cash Advance btained thrugh the use f a Check. Freign Transactin Fee: A fee f 2% f each transactin made (1) in a freign currency, (2) utside f the United States, r (3) with a freign merchant, even if that transactin is made in U.S. dllars. We may charge a Freign Transactin Fee fr each transactin (including returns r refunds) at the time we add the transactin t yur Accunt. The fee will be based n the U.S. dllar amunt Visa prvided t us. Penalty Fees: We will charge penalty fees in an amunt established by the Bureau f Cnsumer Financial Prtectin, which currently is $25. The Bureau f Cnsumer Financial Prtectin may adjust this amunt annually t reflect changes in the Cnsumer Price Index (CPI), and we may revise any f the penalty fees belw t reflect the CPI adjustments. We will nt charge mre than ne penalty fee fr a single event r transactin that vilates multiple terms f this Agreement. Late Fee: A fee if we d nt receive at least the Minimum Payment Due by the Payment Due Date (r the next business day if yur Payment Due Date falls n a Saturday, Sunday r hliday). The amunt f this fee will be $25 r the full amunt f the Minimum Payment Due (as shwn n yur billing statement) that was due immediately befre the fee is assessed (runded up r dwn t the nearest dllar), whichever is less. Returned Payment Fee: A fee if a check r similar instrument r any debit fr payment n yur Accunt is returned unpaid fr any reasn. The amunt f this fee will be $25 r the full amunt f the Minimum Payment Due that was due immediately befre the payment was returned (runded up r dwn t the nearest dllar), whichever is less. We will charge the fee even if the check r debit is later hnred r paid. Returned Check Fee: A fee if we return a Check fr any reasn. The amunt f this fee will be $25 r the amunt f the Check that is returned (runded up r dwn t the nearest dllar), whichever is less. (c) Other Fees: Stp Payment Fee: A fee f $29 fr each stp payment request n a Check, as described in Sectin 16, whether r nt we actually stp payment, subject t any restrictins f applicable law. Expedited Delivery Fee: A fee f $20 if yu request and we agree t arrange fr expedited delivery f any Card r Checks t yu (fr example, by an vernight delivery service). Dcument Fees: If yu request cpies f sales slips, paid Checks r duplicate cpies f billing statements, we will charge $5 fr each item requested. There will be n charge fr any item yu request in gd faith in cnnectin with the reslutin f any disputed billing matter. 4
Expedited Payment Fee: A fee f $15 if yu request us t expedite payment n yur Accunt by debiting any depsit r ther accunt yu designate, and we hnr yur request. Skip Payment Fee: A fee f $35 if we ffer and yu accept the ptin t skip any mnthly payment and yur Minimum Payment Due wuld have been $200 r mre. Rate Reductin Fee: A fee f $20 if a reductin in any interest rate, fee r ther charge is ffered by us and accepted by yu, r requested by yu and hnred by us, even if this reductin is nly fr a temprary r limited time perid. If we intend t charge this fee, we will tell yu abut the fee rally r in writing at the time we ffer r agree t the reductin. 13. Minimum Payment Due: The Minimum Payment Due each billing cycle will depend n yur New Balance. Yu must pay the greater f: $10; r 2% f either the New Balance r the amunt f yur credit limit, whichever is less, runded up r dwn t the nearest dllar plus (1) any unpaid Minimum Payments Due frm previus bills and (2) any amunt f yur New Balance that exceeds yur credit limit and is nt already included as part f any unpaid Minimum Payments Due frm previus bills. Hwever, if the New Balance is less than $10, yu must pay the New Balance. (c) (d) What Happens if Yu Pay Mre: Yu may pay mre than the Minimum Payment Due at any time. Yu will nt we us any additinal charge fr early payment. If yu pay mre than the Minimum Payment Due in ne billing cycle, yu still have t pay the full Minimum Payment Due in the next cycles. Yu cannt increase the amunt f yur credit limit by paying mre than the unpaid balance n yur Accunt. Skip Payment Offers: We may let yu skip a payment. We will tell yu when yu can skip a payment. If yu d, (1) we may charge a fee in an amunt we tell yu at the time f the ffer, (2) yu will we interest fr the skipped billing cycle, (3) yu will lse any grace perid that therwise wuld apply and (4) yu must pay the regular Minimum Payment Due fr the next billing cycle. Payment Allcatin: We will use yur Minimum Payment Due t pay dwn balances n yur Accunt (including Purchases, Advances, interest, fees and ther amunts) in any way we chse, unless an applicable law says we may nt. If yu make a payment that is larger than the Minimum Payment Due, we will apply the extra amunt first t the balance with the highest interest rate, and any remaining prtin f that extra amunt t the ther balances in descending rder based n the applicable interest rate. 14. Making Payments: Yu must pay us in U.S. dllars. Mail yur persnal check r mney rder t the address shwn n yur bill. D nt send cash. If yu d nt fllw these instructins, we might nt credit the payment fr up t five business days after we get it. Disputed Payments: If yu dispute any amunt we say yu we under this Agreement, yu must write t us at Cmpass Bank Card Center, P.O. Bx 2101, Decatur, Alabama 35602-2101. If yu pay us with a check marked with payment in full r similar wrds, yu must send it t this address. Subject t any restrictins f applicable law: (1) the wrds payment in full r similar wrds will have n effect; and (2) we can take disputed payments withut giving up any f ur rights. Paying at Branches, Online and By Telephne: If we let yu pay at ne f ur branches, we will credit the payment as f the day we get it. If we let yu pay nline r by phne, we will tell yu hw t pay and when yur payment will be credited. 5
(c) Timing fr Mailed Payments: If yu mail a payment t the address shwn n yur bill, yur payment will nt be cnsidered late if we receive it by 5 p.m. Central Time n the Payment Due Date (r the next business day if yur Payment Due Date falls n a Saturday, Sunday r hliday). 15. Special Offers: We may make a special ffer t yu. Fr example, we may ffer a reduced prmtinal interest rate. Such ffers may apply t all transactins r balances n yur Accunt, r nly t sme transactins r balances. We will tell yu what terms f the special ffer differ frm the terms f this Agreement. Except as we tell yu in a special ffer, the rest f this Agreement will still apply t yur Accunt. 16. Checks: We may issue Checks. Yu may cmplete and sign a Check t make a Cash Advance. Yu may nt use a Check t pay any amunt yu we us. We d nt have t pay r certify any Check. Returning Checks: We d nt have t pay (and may return unpaid) any Check if: Yu are in default under this Agreement; We suspended r terminated yur credit privileges; We tld yu nt t use the Accunt, Card r Checks fr any reasn; The Check is pstdated r stale. This means the date yu put n the check is a date which is either (1) later than the date we get it, r (2) mre than six mnths befre the date we get it; r Yu did nt fully cmplete and/r sign the Check. If we pay a Check anyway, yu still have t pay us the amunt f that Check and any applicable interest r fees. If we dn t pay a Check, we may charge a Returned Check Fee. (c) Paid Checks: Yur bill will shw Checks we paid. We will nt return Checks t yu. Yu may ask us fr cpies f paid Checks. We may charge yu a Dcument Fee fr each cpy. Stpping Payment n a Check: Yu may ask us t stp payment n a Check r cancel a stp payment request. Call us at 1-866-681-0484 r write us at the address in Sectin 1. If yu call, we may ask yu t put yur request in writing. Yu must tell us: (1) yur Accunt number, (2) the date, number and amunt f the Check and (3) the name f the payee. We need at least fur hurs advance ntice t be able t stp payment. We will nt we anything t yu r anyne else if we stp (r d nt stp) a payment r cancel (r d nt cancel) a stp payment request. We may charge a Stp Payment Fee, whether r nt we actually stp payment. 17. Currency Cnversin: Visa will cnvert the amunt f any transactin yu make in a currency ther than U.S. dllars int U.S. dllars. Visa will use its wn currency cnversin prcedures in effect at that time. Visa will pick an exchange rate n the prcessing date using either (1) the range f rates available in whlesale currency markets (which rate may differ frm the rate Visa culd get) r (2) the rate required by the gvernment. The exchange rate used may differ frm the exchange rate n the date yu made the transactin. If yu make a return r get a refund, the same prcedures apply. The amunt f any return r refund credit t yur Accunt may be slightly different frm the amunt f the riginal transactin because the exchange rate changes frm day t day. 18. Default: If yu d r fail t d certain things, yu will be in default under this Agreement. If yu are in default, we have certain rights and yu have certain duties under this Agreement. In deciding whether yu are in default and in using any f ur rights, we will fllw applicable law. Events f Default: We may decide yu are in default if yu: Fail t make a payment n this Agreement r any ther agreement with us when due; 6
Make a payment that is nt paid by yur bank; Fail t d anything this Agreement requires; D anything this Agreement prhibits; File r have filed against yu a bankruptcy petitin; Die, becme legally incmpetent r g t jail; Give us false r incmplete credit infrmatin, false signatures r make any material misrepresentatin; Lse yur Card r Checks (including if they are stlen). We als may decide yu are in default if (1) we find yu n lnger qualify fr any APR r credit limit then in effect n yur Accunt r (2) we believe in gd faith that yu will nt be able t pay what yu we fr any ther reasn. What Happens When Yu Are in Default: We may (1) suspend r terminate yur credit privileges, (2) clse yur Accunt and/r (3) ask yu t pay the full amunt yu we right away. We will tell yu first befre ding these things if an applicable law requires us t. Yu still have t pay all amunts yu we us. 19. Cllectin Csts: We may charge yu fr csts we have t pay t cllect what yu we after default. These csts may include reasnable fees t attrneys wh are nt ur paid emplyees. We will nt charge yu fr ur cllectin csts if yu we us $300 r less r an applicable law says we may nt. 20. Clsing Yur Accunt: We May Limit Use Of r Clse Yur Accunt: We may (1) temprarily take away yur ability t make transactins r therwise use yur Accunt, (2) delay reissuing yur Card, r (3) clse yur Accunt. We may d these things at any time, but will tell yu first if an applicable law requires us t. Yu must destry all Cards and unused Checks if we tell yu t. Yu still have t pay all amunts yu we us. If yu are nt in default when yur Accunt is clsed, yu may pay ff the balance under the terms f this Agreement that apply at that time. We can use all the rights and remedies we have under this Agreement until all amunts are repaid. We will nt we anything t yu r anyne else if we d any f these things. Yu May Clse Yur Accunt: Yu may clse yur Accunt at any time by telling us in writing. Yu must destry all Cards and unused Checks if we tell yu t. Yu still have t pay all amunts yu we us. If yu are nt in default when yu clse yur Accunt, yu may pay ff any balance under the terms f this Agreement that apply at that time. 21. Infrmatin Abut Yu and Yur Credit: Yu prmise that the infrmatin yu gave us t pen yur Accunt is true. Yu als prmise t tell us right away and t stp using the Accunt if (1) yu plan t file fr bankruptcy, r (2) are therwise unable t pay yur debts. We may lk again at yur financial cnditin and credit standing at any time and fr any reasn. We may get a current credit reprt r ask yu fr current financial infrmatin r dcuments. Fr example, we may ask abut yur prperty and debts. We als may ask fr cpies f yur tax returns r verificatin f yur emplyment and incme. Yu agree t let us d this and help with any investigatin f yur credit recrd. A negative credit reprt reflecting n yur credit recrd may be submitted t ne r mre credit reprting agencies if yu fail t fulfill yur bligatins under this Agreement. 22. Inaccurate Infrmatin: Write t us at the address in Sectin 1 if yu believe that (1) we have infrmatin abut yu that is inaccurate r (2) we have reprted r may reprt inaccurate infrmatin abut yu t a credit reprting agency. Tell us exactly what infrmatin yu believe is inaccurate. 23. Liability Fr Unauthrized Use: If yu ntice the lss r theft f yur Card r a pssible unauthrized 7
use f yur Card, yu shuld write t us immediately at Cmpass Bank Card Center, P.O. Bx 2210, Decatur, Alabama 35699-0001, r call us at 1-866-681-0484. Yu will nt be liable fr any unauthrized use that ccurs after yu ntify us. Yu may, hwever, be liable fr unauthrized use that ccurs befre yur ntice t us. In any case, yur liability will nt exceed $50. 24. Telephne Mnitring; Cnsent t Cmmunicatin: T make sure ur emplyees give accurate and curteus custmer service, smetimes yur call may be mnitred by a secnd emplyee and/r recrded. Yu agree t this mnitring and recrding. We may cntact yu using (1) any infrmatin r phne numbers (including cell phne numbers) yu prvide t us n yur Applicatin r therwise, and (2) an autmated telephne dialing system and/r artificial r prerecrded vice message, even if yu are charged fr the call under yur phne plan. 25. We D Nt Give Up Our Rights by Nt Using Them: Smetimes we might decide nt t d smething we culd d under this Agreement, like charging yu a fee. Or, we might decide t d smething less than what we culd d, like charging yu a lwer fee r wait a few days befre charging a fee. If we d this ne r mre times, this des nt mean we have t d it again. We can d all the things this Agreement allws in the future, even if we did smething different ne r mre times in the past. We als might decide, fr example, t: Accept late r partial payments; Give yu mre time t make a Minimum Payment Due; Reduce r nt charge any interest r fee yu wuld therwise we; Let ne r mre f yu ut f yur prmises under this Agreement withut telling the thers r letting them ut f their prmises. If we d any f these things, we will nt lse any f ur rights under this Agreement. 26. Authrizing Transactins; Acceptance f Yur Card: A merchant des nt have t accept yur Card, Checks r Accunt. We will nt we anything t yu r anyne else if (1) we decline t authrize r make payment n any Requested Transactin, even if it wuld nt cause the utstanding balance n yur Accunt t exceed any credit limit described in Sectin 8 abve, r (2) a merchant will nt accept yur Card, Checks r Accunt. Als, we will nt we anything t yu r anyne else fr gds r services yu bught r leased using yur Accunt. 27. Assignment; Binding Effect; Severability: We may sell r give yur Accunt, this Agreement and ur rights r duties under this Agreement t any ther persn r cmpany. We can d this at any time withut telling yu first r getting yur permissin. Yu may nt sell r give yur Accunt r any f yur rights r duties under this Agreement t any ther persn r cmpany. This Agreement will be binding n yur heirs and legal representatives. This means they may have t pay if yu die r becme legally incmpetent. If a curt with prper authrity finds any part f this Agreement is nt valid r cannt be enfrced, the ther parts still will apply. 28. Dispute Reslutin This subsectin applies if yu reside utside Califrnia. Arbitratin: Either yu r we may ask t settle disputes by arbitratin. Arbitratin is a way f wrking ut disputes withut ging t curt. If yu r we ask fr arbitratin, we wuld all meet with a persn called an arbitratr. An arbitratr is like a referee r a judge. The arbitratr will listen t what yu and we have t say. The arbitratr will decide wh is right. The arbitratr s decisin is called an award. The party wh wins the award can take it t any curt that culd have heard the dispute and get an fficial judgment. Please read the rest f this sectin carefully. It explains hw arbitratin wrks. Sme Legal Rights May Nt Be Available in Arbitratin: After any party asks fr arbitratin f a dispute, neither yu nr we can ask a curt t hear that dispute. There will be n jury trial f that dispute. Yu cannt be part f any class actin relating t that dispute. The right t get 8
infrmatin frm each ther and ther prcedures may be mre limited in arbitratin than in curt. With a few limited exceptins, the arbitratr s award will be final and unchangeable. Other rights that yu r we wuld have in a curt als may nt be available in arbitratin. What Disputes Are Cvered: Any dispute that arises frm r relates t this Agreement, yur Accunt and any transactin invlving the Accunt will be settled by arbitratin unless it is described belw in What Disputes Are Nt Cvered. This means that disputes abut the fllwing are cvered: This Agreement, yur Accunt r any transactin invlving the Accunt; Any advertisement, prmtin r ral r written statement related t this Agreement r yur Accunt; Any relatinships that result frm this Agreement (including, as far as applicable law will allw, relatinships with third parties wh are nt parties t this Agreement r this arbitratin prvisin); The validity, interpretatin, scpe r enfrceability f this Agreement (except fr any challenge t the enfrceability f this Dispute Reslutin sectin r any dispute abut the parts f this subsectin abut class disputes); and Whether it is t late t settle a dispute because f any statute f limitatins, estppel, waiver, laches r similar legal rule. It desn t matter whether the dispute is based n cntract, fraud, trt, intentinal trt, statute, regulatin, cnstitutin, cmmn law, equity r therwise. It als desn t matter when the dispute began (whether befre this Agreement, nw r in the future). This arbitratin prvisin will cntinue t apply after this Agreement ends and/r after yu r we clse the Accunt. What Disputes Are Nt Cvered: This arbitratin prvisin des nt cver any dispute: That yu r we culd take t a small claims curt, which usually limits its cases based n the amunt f the claim; r Abut the parts f this arbitratin prvisin that prhibit class disputes. N Class Disputes: Yu cannt jin tgether in a dispute with anyne ther than peple wh use yur Accunt. Even if ther peple have disputes similar t a dispute that yu r we ask t arbitrate, thse peple and their disputes cannt be part f any arbitratin between yu and us. Yu cannt arbitrate any dispute n a class actin, private attrney general r ther representative basis. Only a curt, and nt an arbitratr, may decide whether this prvisin prhibiting class disputes can be enfrced. Wh Will Arbitrate: The American Arbitratin Assciatin ( AAA ) r JAMS ADR ( JAMS ) may arbitrate any dispute, r yu and we may agree upn a different arbitratr. Fr mre infrmatin abut arbitratin, cntact the AAA (www.adr.rg r 1-800-778-7879) r JAMS (www.jamsadr.cm r 1-800-352-5267). If fr any reasn the AAA r JAMS is unable r unwilling t arbitrate, r yu and we cannt agree n an arbitratr, we will use anther natinal r reginal arbitratin grup. The number f arbitratrs will depend n the ttal dllar amunt f all disputes by bth yu and us. If the ttal is $250,000 r less, ne arbitratr will hear the dispute(s). If the ttal is ver $250,000, three arbitratrs will hear the dispute(s). Each arbitratr must be an active member in gd standing f the bar fr any state in the cntinental United States, and either: actively engaged in the practice f law fr at least 5 years r a retired judge. What Rules Apply: The arbitratin f any dispute will be cnducted accrding t the rules f the arbitratr ( Rules ). If an arbitratr ther than the AAA is chsen, the Rules f the AAA will be applied t any circumstance that is nt addressed by the Rules f the chsen arbitratr. If the ttal f all disputes is $250,000 r less, we will use any expedited prcedures in the Rules. If this 9
Agreement and the Rules say smething different, we will fllw this Agreement and nt the Rules. Hw T Start Arbitratin: Either yu r we may start an arbitratin by giving written ntice t the ther party. At a minimum, this ntice must describe the subject f the dispute and the result requested in arbitratin by the party giving the ntice. If yu ask us t arbitrate, yu can chse the AAA r JAMS, r suggest anther natinal r reginal arbitratin grup t arbitrate the dispute. If we ask yu t arbitrate, we will give yu 10 days t chse the AAA r JAMS, r t suggest anther natinal r reginal arbitratin grup. In either case, if yu suggest an alternative t the AAA and JAMS, we will wrk with yu t determine if yu and we can agree n a different grup r arbitratr. If yu and we are unable t agree, the arbitratin will be cnducted by the AAA r, if the AAA is nt available, by a similar arbitratin grup. The party asking fr arbitratin must file a ntice with the arbitratin grup fllwing the Rules in effect at that time. When a Party May Ask fr Arbitratin: Yu r we may ask fr arbitratin befre r after a lawsuit has been filed. Yu r we must ask fr arbitratin within the statute f limitatins that wuld apply t the same dispute in curt. If it is t late t reslve the dispute in curt, it is als t late t reslve it in arbitratin. What the Arbitratr(s) Must and May Nt D: Each arbitratr must: Limit discvery t infrmatin that is directly relevant t the dispute and is nt cnsidered cnfidential r therwise prtected frm being made public. Discvery is the prcess by which yu and we ask each ther fr infrmatin abut the dispute; Make decisins and awards based n the evidence and applicable substantive law and the rules f evidence used in federal curts; Make decisins and awards nly with respect t claims made by r against yu individually; Give a brief written explanatin f the basis fr the award upn request f either party; and Make specific findings f fact and cnclusins f law t supprt any award greater than $25,000. Nt make any award that wuld require yu and us t cntinue any relatinship we may have under this Agreement r therwise. Wh Pays fr Arbitratin: There will be csts fr arbitratin. Cntact the AAA r ther arbitratin grup t find ut what the arbitratin charges will be. Yu may have t pay sme f the arbitratin charges unless this Agreement, an applicable law r the Rules say we must pay. If the ttal dllar amunt f all disputes is $50,000 r less, we will pay that prtin f the arbitratin filing fee that is mre than the cst f filing a lawsuit in the federal curt where yu live. Yu can ask us t pay sme r all f the ther arbitratin charges yu have t pay, but we dn t prmise t d as yu ask. At the end f the arbitratin, the arbitratr(s) will decide wh has t pay fr any arbitratin charges that are greater than thse we agreed t pay. The arbitratr(s) als may rder us t pay sme r all f yur attrneys, expert and witness fees. Unless rdered therwise by the arbitratr(s), each f us must pay fr its wn attrneys, expert and witness fees, n matter wh wins. Where Will Arbitratin Take Place: Any arbitratin will take place in the federal judicial district near yur hme. Or, yu and we culd agree that arbitratin will take place smewhere else. What Law Applies: This arbitratin prvisin is made pursuant t a transactin invlving interstate cmmerce. The Federal Arbitratin Act will apply t the cnstructin, interpretatin and enfrceability f this arbitratin prvisin despite any ther chice f law prvisin in this Agreement. 10
Other Rights and Remedies: Nthing in this arbitratin prvisin will limit certain ther rights yu r we may have. This means that yu r we culd, fr example: Get an injunctin, which is a curt rder t stp smene frm ding smething; r File an interpleader actin, which is a type f lawsuit used t decide wh wns prperty that mre than ne persn claims t wn. If yu r we d any f these things r take part in any ther curt case, it des nt affect yur r ur rights under this arbitratin prvisin. What Happens If Part r All f This Arbitratin Prvisin Cannt Be Enfrced: Only a curt and nt an arbitratr can determine if any part f this arbitratin prvisin cannt be enfrced. If a curt with prper jurisdictin says that any part f the N Class Disputes subsectin abve (which prhibits arbitratin f class disputes) cannt be enfrced, then nne f the arbitratin sectin in this Agreement will apply, and this sectin will be cnsidered deleted frm the Agreement. If a curt with prper jurisdictin says that any ther part f this arbitratin prvisin cannt be enfrced, then the rest f this arbitratin subsectin still will apply, including the N Class Disputes subsectin abve. Waiver Of Jury Trial: This prvisin limits yur rights t a jury trial. Yu shuld review this sectin carefully. If yu and we have any dispute related t this Agreement, yur Accunt, r any transactins invlving yur Accunt and (i) neither yu nr we seek t cmpel arbitratin f the dispute, r (ii) sme r all f the arbitratin sectin is unenfrceable and the dispute will be reslved in curt, then yu and we agree vluntarily and knwingly t waive any right each may have t a jury trial t the fullest extent permitted by law. Attrneys Fees. In any actin between yu and us in curt, the prevailing party will be entitled t receive frm the ther party an amunt equal t the reasnable attrneys fees the prevailing party incurred in bringing r defending the curt actin. This subsectin applies if yu reside in Califrnia. Judicial Reference: Either yu r we may ask t settle disputes by judicial reference under the prvisins f the Califrnia Civil Cde, Sectins 638-645.1, unless the dispute is part f a class actin. This judicial reference prvisin limits yur ability t ask a curt t hear a dispute and yur right t a jury trial. By agreeing t judicial reference, yu and we waive, and shall nt have, any right t a jury trial. Yu shuld review this sectin carefully. It explains hw judicial reference wrks. Sme Legal Rights May Nt Be Available in Judicial Reference: Judicial reference is a prceeding where disputes are decided by a judicial referee. The judicial referee will receive evidence at a hearing and then issue a statement f decisin upn which a judgment is based. Yu and we agree that the referee will have the pwer t decide all issues f fact and law, t issue a statement f decisin, and t prvide all legal and equitable relief apprpriate based n the evidence prvided at the hearing. What Disputes Are Cvered: Any dispute that arises frm r relates t this Agreement, yur Accunt and any transactin invlving the Accunt will be settled by judicial reference unless it is described belw in What Disputes Are Nt Cvered. This means that disputes abut the fllwing are cvered: This Agreement, yur Accunt r any transactin invlving the Accunt; Any advertisement, prmtin r ral r written statement related t this Agreement r yur Accunt; Any relatinships that result frm this Agreement (including, as far as applicable law will allw, relatinships with third parties wh are nt parties t this Agreement r this judicial reference prvisin); 11
The validity, interpretatin, scpe r enfrceability f this Agreement (except fr any challenge t the enfrceability f this Dispute Reslutin sectin r any dispute abut the parts f this subsectin abut class disputes); and Whether it is t late t settle a dispute because f any statute f limitatins, estppel, waiver, laches r similar legal rule. It desn t matter whether the dispute is based n cntract, fraud, trt, intentinal trt, statute, regulatin, cnstitutin, cmmn law, equity r therwise. It als desn t matter when the dispute began (whether befre this Agreement, nw r in the future). This judicial reference prvisin will cntinue t apply after this Agreement ends and/r after yu r we clse the Accunt. What Disputes Are Nt Cvered: This judicial reference prvisin des nt cver any dispute: That yu r we culd take t a small claims curt, which usually limits its cases based n the amunt f the claim; r Abut the parts f this judicial reference prvisin that prhibit class disputes. N Class Disputes: A claim by, r n behalf f, ther persns will nt be cnsidered in, jined with, r cnslidated with, the judicial reference prceedings between yu and us. Any such claim will be reslved in a curt f prper jurisdictin. Wh Will Serve as Referee: Yu and we agree that a single referee wh is a retired Califrnia state r federal curt judge shall be appinted by the curt under Califrnia Cde f Civil Prcedure 640 and shall preside ver the reference prceeding and decide all issues f fact and law. If yu and we are unable t agree upn a referee within 10 days f a written request fr judicial reference by any party, then any party may ask a curt t appint a referee under the Califrnia Cde f Civil Prcedure, Sectins 638 and 640, and may nminate up t three retired state r federal curt judges t serve as this referee. Hw T Start a Judicial Reference Prceeding: Either yu r we may start a judicial reference prceeding by giving written ntice t the ther party. At a minimum, this ntice must describe the subject f the dispute and the result requested in the judicial reference prceeding by the party giving the ntice. When a Party May Ask fr Judicial Reference: Yu r we may ask fr judicial reference befre r after a lawsuit has been filed. Yu r we must ask fr judicial reference within the statute f limitatins that wuld apply t the same dispute in curt. If it is t late t reslve the dispute in curt, it is als t late t reslve it in judicial reference. What the Referee Must and May Nt D: The referee must: Make decisins and awards based n the evidence and applicable substantive law and the rules f evidence used in federal curts; Make decisins and awards nly with respect t claims made by r against yu individually; Prvide a statement f decisin indicating hw each dispute was decided, alng with a cncise written explanatin f the basis fr the award. The referee s statement f decisin must cntain written findings f fact and cnclusins f law. The curt shall enter judgment theren under Califrnia Cde f Civil Prcedure Sectins 644 and 645. After this judgment is entered, the decisin f the referee shall then be appealable as if made by the curt. Nt make any award that wuld require yu and us t cntinue any relatinship we may have under this Agreement r therwise. 12
Other Rights and Remedies: Nthing in this judicial reference prvisin will limit certain ther rights yu r we may have. This means that yu r we culd, fr example: Get an injunctin, which is a curt rder t stp smene frm ding smething; r File an interpleader actin, which is a type f lawsuit used t decide wh wns prperty that mre than ne persn claims t wn. If yu r we d any f these things r take part in any ther curt case, it des nt affect yur r ur rights under this judicial reference prvisin. What Happens If Part r All f This Judicial Reference Prvisin Cannt Be Enfrced: If any prtin f this judicial reference prvisin is nt enfrced ther than the N Class Disputes sectin, the remaining prtins f it will remain enfrceable. This judicial reference prvisin shall survive terminatin f this Agreement and the clsing f yur Accunt. Attrneys Fees. In any actin between yu and us, regardless f whether the actin is in curt r in judicial reference, each party must pay its wn attrney, expert, and witness fees, regardless f hw the dispute is reslved. Califrnia Residents: Yu understand and agree that interest is cmpunded under the terms f this Agreement. Maryland Residents: Yu have the right under Maryland Cmmercial Law Cde Sectin 12-510 t receive an answer t a written inquiry cncerning the status f yur Accunt. Finance charges will be impsed n the utstanding balances frm mnth t mnth in amunts r at rates nt in excess f thse permitted by law. New Jersey Residents: Because certain prvisins f this Agreement are subject t applicable law, they may be vid, unenfrceable r inapplicable in sme jurisdictins. Nne f these prvisins, hwever, is vid, unenfrceable r inapplicable in New Jersey. NOTICE TO THE BUYER - DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. Signatures: Yu: Any handwritten, electrnic r digital signature prvided by yu r any persn whm yu allw t use the Accunt n any dcument in cnnectin with pening r using yur Accunt serves as yur signature n this Agreement. Bank: We have signed this Agreement as fllws: /s/ A. Smith A. Smith Vice President Cmpass Bank Yur Billing Rights: Keep This Dcument Fr Future Use This ntice tells yu abut yur rights and ur respnsibilities under the Fair Credit Billing Act. What t D If Yu Find a Mistake n Yur Statement If yu think there is an errr n yur statement, write t us at the payment address shwn n yur bill. In yur letter, give us the fllwing infrmatin: Accunt infrmatin: Yur name and accunt number. 13
Dllar amunt: The dllar amunt f the suspected errr. Descriptin f prblem: If yu think there is an errr n yur bill, describe what yu believe is wrng and why yu believe it is a mistake. Yu must cntact us: Within 60 days after the errr appeared n yur statement. At least 3 business days befre an autmated payment is scheduled, if yu want t stp payment n the amunt yu think is wrng. Yu must ntify us f any ptential errrs in writing. Yu may call us, but if yu d we are nt required t investigate any ptential errrs and yu may have t pay the amunt in questin. What Will Happen After We Receive Yur Letter When we receive yur letter, we must d tw things: 1. Within 30 days f receiving yur letter, we must tell yu that we received yur letter. We will als tell yu if we have already crrected the errr. 2. Within 90 days f receiving yur letter, we must either crrect the errr r explain t yu why we believe the bill is crrect. While we investigate whether r nt there has been an errr: We cannt try t cllect any amunt in questin, r reprt yu as delinquent n that amunt. The charge in questin may remain n yur statement, and we may cntinue t charge yu interest n that amunt. While yu d nt have t pay the amunt in questin, yu are respnsible fr the remainder f yur balance. We can apply any unpaid amunt against the amunt available t yu n yur credit line. After we finish ur investigatin, ne f tw things will happen: If we made a mistake: Yu will nt have t pay the amunt in questin r any interest r ther fees related t that amunt. If we d nt believe there was a mistake: Yu will have t pay the amunt in questin, alng with applicable interest and fees. We will send yu a statement f the amunt that yu we and the date payment is due. We may then reprt yu as delinquent if yu d nt pay the amunt we think yu we. If yu receive ur explanatin but still believe yur bill is wrng, yu must write t us within 10 days telling us that yu still refuse t pay. If yu d s, we cannt reprt yu as delinquent withut als reprting that yu are questining yur bill. We must tell yu the name f anyne t whm we reprted yu as delinquent, and we must let thse rganizatins knw when the matter has been settled between us. If we d nt fllw all f the rules abve, yu d nt have t pay the first $50 f the amunt yu questin, even if yur bill is crrect. Yur Rights If Yu Are Dissatisfied With Yur Credit Card Purchases If yu are dissatisfied with the gds r services that yu have purchased with yur credit card, and yu have tried in gd faith t crrect the prblem with the merchant, yu may have the right nt t pay the remaining amunt due n the purchase. 14
T use this right, all f the fllwing must be true: 1. The purchase must have made in yur hme state r within 100 miles f yur current mailing address, and the purchase price must have been mre than $50. (Nte: Neither f these are necessary if yur purchase was based n an advertisement we mailed t yu, r if we wn the cmpany that sld yu the gds r services.) 2. Yu must have used yur credit card fr the purchase. Purchases made with cash advances frm an ATM r with a check that accesses yur credit card accunt d nt qualify. 3. Yu must nt yet have fully paid fr the purchase. If all f the criteria abve are met and yu are still dissatisfied with the purchase, cntact us in writing at the payment address shwn n yur bill. While we investigate, the same rules apply t the disputed amunt as discussed abve. After we finish ur investigatin, we will tell yu ur decisin. At that pint, if we think yu we an amunt and yu d nt pay, we may reprt yu as delinquent. 15
BBVA Cmpass Wealth Management Visa Signature Credit Card Accunt Pricing Infrmatin as f June 30, 2016 This pricing infrmatin is accurate as f the date listed abve, but may have changed after that date. Yu can always find ut the mst current pricing infrmatin by cntacting us at: Cmpass Bank, P.O. Bx 2210, Decatur, AL 35699 r 1-866-681-0484. Interest Rates and Interest Charges Annual Percentage Rate (APR) fr Purchases Prime* + 1.99% This APR will vary with the market based n the Prime Rate. APR fr Cash Advances Prime* + 1.99% This APR will vary with the market based n the Prime Rate. Paying Interest Yur due date is at least 25 days after the clse f each billing cycle. We will nt charge yu interest n purchases if yu pay yur entire balance by the due date each mnth. We will begin charging interest n cash advances and balance transfers n the transactin date. Fees Transactin Fees Cash Advance Freign Transactin Either $10 r 2% f the amunt f each cash advance, whichever is greater (maximum fee: $100) - nt charged n any cash advance btained thrugh use f a check 2% f each transactin in U.S. dllars Penalty Fees Late Payment Up t $25 Returned Payment Up t $25 Hw We Will Calculate Yur Balance: We use a methd called "average daily balance (including new purchases). See yur accunt agreement fr mre details. *Fr each billing cycle, we use the Prime Rate frm The Wall Street Jurnal in effect at the clse f business n the last business day f the calendar mnth ending within that billing cycle. Yur APRs may increase if the Prime Rate increases. If yur APRs increase, the amunt f interest yu will we and the Minimum Payment Due may increase. BBVA Cmpass is a trade name f Cmpass Bank, a member f the BBVA Grup. 16