3. You must not yet have f ully paid for the purchase. If all of the cr iter ia above are met and you are still dissatisfied with the purchase, contact us in wr iting or elect ronically at: Card Ser vices, Pentagon Federal Credit Union, Box 456, Alexandria, VA 22313 -0456, or online at Pen Fed.org. W hile we investigate, the same r ules apply to the disputed amount as discussed above. Af ter we fi nish our investigation, we will tell you our decision. At that point, if we thin k you owe an amount and you do not pay, we may report you as delinquent. the motLey fooL PenfeD VisA Promise Cardholder Agreement and Disclosure Statement Information about this card is accurate as of August 2013 but may have changed since then. To find out what may have changed, please go to PenFed.org or call 866-386-7191. Form 1273-TMF 08/13 POD FDR M-109753 Definitions. The “Card” means the Pentagon Federal Credit Union (PenFed) credit card which we issue to you under this Agreement, and includes any device or check used to obtain credit or cash from the account. A n Author ized User is an individual receiving a Card, but who has no responsibility for payment of the Account. The words “you”, “your” and “cardholder” mean each person, jointly and individually who holds, signs, retains, uses, or per mits others to use or sign a card. The words “our”, “we” and “us” mean PenFed or any of its assignees. Unless other wise stated, “Account ” means your Card account with us. 1. Agreement. We agree to extend credit to you and advance amounts up to your credit limit, but transaction limits may apply. Your credit limit is not increased by any credit balance you may have on your account. You will sign the back of the Card as soon as you receive it. You agree to pay us for credit extended for the use of the Card by you or any other cardholder, along with all applicable fi nance charges, fees and insurance, if any apply. By signing, using or permit ting others to use the Card, you agree to the terms and conditions contained in this Agreement, on the Card, on any charge slip resulting from authorized use of the Card, on any authorized cash advance slip, and to accept responsibilit y for all actions taken with the Card. 2. CreDit Limit. You agree to use the Card within the credit limit we authorize. You also ag ree that we can change you r credit limit at any time. We are not obligated to accept charges that would cause you to exceed your authorized credit limit. Any extension of credit to you, made or honored by us, shall be at such times and in such amounts and for such pur poses as to confor m to this Agreement, and only when there is no default. 3. ChAnge in terms. You agree that the ter ms of this Agreement are applicable to any cardholder. You also agree that we can change the ter ms of this Agreement at any time by adding, deleting, or modifying any provision of the Agreement. Ter mination of the accou nt by you or PenFed will not affect your obligation to pay the Account balance plus any finance charge and other charges you owe under this Agreement. You are responsible for all transactions made to your account af ter termination, unless the transactions were unauthor ized. Should you choose to cancel your Account, the ter ms in effect at the time that you cancel the Account will apply until the outstanding balance of the Accou nt is paid in f ull, u nless you are in default. You r card will no longer be available for use for new transactions, including purchases, as the Account will be closed (if it is not already closed.) If you do not notify us of your decision to ter minate the account by the date stated in any notice we provide, or if you notif y us but then use the Accou nt after the date stated in the notice, you will be deemed to accept all changes to the Account’s terms and conditions of this Agreement. If you are in default because your payment has not been received within 60 days of the due date, you do not have the right to reject the changes we make to this Agreement or the Account’s ter ms and conditions. 4. finAnCiAL ConDition ChAnge. You agree to advise us of any change in your fi nancial condition that may affect your credit wor thiness and to provide us with a cur rent loan application whenever we request one. You expressly authorize any per son, par tnership, association, fir m, cor poration or consumer repor ting agency, upon our request, to f ur nish us with infor mation concer ning you relevant to the review and evaluation of this Account. You understand and agree that we may terminate your account upon reevaluation of you r creditwor thiness. 5. finAnCe ChArges WILL BE IMPOSED I N THE FOLLOWING M AN N ER AND WILL BE IN AMOU NTS NOT I N EXCESS OF THOSE PER MITTED BY LAW: (A) PUrChAses: (1) No finance charge will be imposed during the next billing cycle (defined as the time inter val between regular monthly billing statement dates) if you pay the entire new balance shown on the cur rent periodic statement and we receive your pay ment on or before the payment due date show n on the statement. (2) In all other cases, a finance charge will be imposed based on the average daily balance of all purchases and debit adjustments, hereaf ter refer red to as purchases. The average daily balance is the sum of all outstanding purchases, which is deter mined by including new purchases and deducting payments or credits and excluding any unpaid finance charge for you r Account on each day of the billing cycle divided by the number of days in the billing cycle. A purchase appear ing on the periodic statement is considered a part of the outstanding balance from the date of posting. (3) The amount of the fi nance charge is calculated by multiplying the average daily balance for purchases by the monthly periodic rate. The monthly per iodic rate is the yearly interest rate divided by 12. (b) CAsh ADVAnCes. (1) Finance charges accr ue on all cash advance amounts from the date charged to your Account and continue so long as such amounts remain outstanding. (2) A fi nance charge will be imposed on the average daily balance of cash advances, which is the sum of the cash advances (deter mined by including new cash advances and deducting any payments or credits and excluding any unpaid finance charge) outstanding each day du ring the billing cycle, divided by the number of days in the billing cycle. A cash advance appearing on the periodic statement is considered a par t of the outstanding balance f rom the date of posting. (3) The amount of finance charge is calculated by multiplying the average daily balance for cash advances by the monthly periodic rate. 6. PAyments. A payment delivered by regular U.S. mail must be sent to the add ress indicated on your periodic statement. You r pay ment by mail must be a check or money order in U.S. dollars with your account number on the check or money order and d raw n on a U.S. fi nancial institution, and be accompanied by the payment voucher from your statement. Write your account number on your check or money order. All such pay ments will be posted to your account as of the date we receive them provided we receive them before 5:00 p.m. at the address indicated on your per iodic statement. Pay ments received at other locations or not confor ming to these procedures may be delayed in posting, but not more than 5 business days f rom the date of receipt. PenFed, in its sole discretion, may accept a check for payment on your Account even though payment was made before the date of the check or a check which has a date more than 6 months old. For the first six months all pay ments received from PenFed members who have held membership for six months or less will be credited to you r Account as of the date we receive them, but credit in the amount of the payment will not be available to you for 10 calendar days. Payments made electronically th rough our automated telephone ser vice, member ser vice representatives, or our website will be subject to any processing times disclosed with those pay ments. You r minimum pay ment due is the greater of $15 or 2% of the new balance plus the past due amount, if any, and /or all amounts in excess of the authorized credit line/ limit shown on the per iodic statement. If the new balance does not exceed $15, only the new balance total is due and is shown as the minimum payment due. All past due or over limit amounts are due and must be f ully paid immediately upon notification. You may, however, pay the total amount due, which is shown as the new balance, or you may pay any additional amou nt you wish over the minimum payment due. If your payment is not honored or we must retur n it to you because it could not be processed, a charge may be made to you r account in the amount indicated for “ret ur ned pay ment” on Pentagon Federal’s current Schedule of Ser vice Fees brochure. In addition, for the 6 months following any such dishonored payment, any payments you make will be credited to your account as of the date we receive them, but credit in the amou nt of the payment will not be available to you for 10 calendar days. You u nderstand and ag ree that payments will be applied first to the card balance bear ing the highest rate of interest, then to each successive balance bearing the next highest rate of interest u ntil the pay ment is exhausted. You understand and agree that pay ments will be applied in the following order: (1) finance charge; (2) credit life fee (if any); (3) previous balance cash advances; (4) previous balance purchases; (5) new cash advances; and (6) new purchases. 7. DefAULt. You will be in default if you fail to make any payment on time, if you exceed the credit limit established for the Account, if you become insolvent or file bank r uptcy, if you become incompetent or die, if a judgment or gar nish ment should be issued against any of your proper ty including any of you r Accounts with us, if we in good faith consider our or your obligations or your ability to repay or perfor m your obligations with us unsafe or insecure, or if you fail to live up to any of your other agreements with us, to include any PenFed policy or procedure. Subject to law, if you default on this Agreement, we can, without giving anyone notice, demand immediate payment of the remaining balance due including but not limited to any unpaid finance charges, late fees and any other charges due u nder this Agreement. You also agree our obligation for f ur ther credit extensions shall im mediately end and we may ter minate you r Account without fu r ther notice to you. We can do this if you make any false or misleading statements on your requests for an advance, if you die, file for bankr uptcy or if any other creditor tries to seize your proper t y. If collection is necessar y, you agree to pay all costs of collection, including attorney’s fees and cour t costs, in an amount not more than 25 percent of the balance due. 8. VAriAbLe r Ates. O ne or more A PR s that apply to you r a cc ou nt may va r y wit h cha nges to the Pr i me Rate, wh ich mea ns you r r ate can i ncrease. We calcu late the A PR by add i ng a ma rg i n to the P r i me R ate publ ished i n T he Wall St reet Jou r nal. If T he Wal l St reet Jou r nal st ops publish ing the P r ime R at e, we w i l l sele ct a simila r reference rate a nd i n for m you on you r billi ng st at e me nt or th roug h a sepa rat e not ice. T he “P r ime R at e” is t he h ighest ( U.S.) P r i me R at e published i n t he Money R ate s sect ion of T he Wall St reet Jou r nal. A marg i n is t he p erce nt age we add to the P r ime Rate to calculat e the A PR . Twice a ye ar, on the Tuesd ay i n t he last f u ll week before Ja nu a r y 1 a nd the Tuesd ay i n the la st f ull week before July 1, we de ter m ine what the P r ime Rate is, a s publ ishe d i n the Wall St re et Jou r nal. We then add a ma rg in of 6.74% to the P r i me R at e to get the A PR. If the A PR i ncreases, you w ill have to pay a h igher p e r iodic fi n ance ch a rge a nd may have to m a ke a h ig her minimu m payment. 9. PromotionAL AnnUAL PerCentAge rAte. At our option a special promotional rate may be offered from time to time. The specific terms will be provided at the time of the offer. Generally, the promotional APR will only apply to select transactions (i.e. purchases or balance transfers) during the promotional period. The APR rates for all other transactions, not outlined in the promotion as eligible for the promotional APR, will remain unchanged. We may end your promotional Balance Transfer APR if we do not receive your payment within 60 days of the due date. 10. ACCoUnt CLosUre. You or anyone jointly liable for the Account may ter minate the Account at any time by notifying us orally or in writing. However, this will not relieve you or any of the other joint owners from liability for the repay ment of any obligations ar ising from the use of the Account. In addition, recur ring charges f rom a third party vendor/merchant will be charged to your account, even though you have requested cancellation from PenFed. You must cancel the recurring charge with the third par t y vendor/merchant. Upon receipt of your notice, we may close your Account or suspend your account privileges at any time without pr ior notice. You must retur n all of the Cards to us upon request. 11. thirD PArt y DisCLosUre. We may disclose infor mation to third par ties about your accou nt in order to advise third par ties, such as credit repor ting agencies or merchants of the existence or condition of your Account, to evaluate your cur rent credit worthiness or as other wise provided by law. 12. To protect us if you are in default on any credit extended or cash advanced under this account, you pledge all of your shares, deposits, payments and dividends which may be received, whether held jointly or individually, up to the amount of your outstanding balance. The foregoing pledge includes the right to apply fu nds available to you in any jointly held account on your date of death. This does not include your individual retirement accou nt (IR A). We may take all the shares needed by us to repay your credit extension or cash advance. If it is necessar y to take all of your shares for the payment of this account, you understand your membership in PenFed may end. Collateral secur ing other loans with the credit union may also secure this loan. 13. CArD Dishonor. If a merchant ref uses the Card, we will not have any liabilit y or responsibility. No cash ref und will be made to or accepted by you with respect to any adjustment for goods or ser vices purchased. All adjust ments will be made by credit to your Pen Fed account by a properly executed credit voucher issued by the merchant. 14. iLLegAL CArD Use. You agree that illegal use of your Card by card holders(s) will be deemed an action of default and /or breach of contract and your account and other related ser vices may be ter minated at our discretion. You f urther agree, should illegal use occur, to waive any right to sue PenFed for such illegal use or any activity directly or indirectly related to it. You also agree to indemnify and hold PenFed har mless from any suits or other legal action or liability, directly or indirectly, resulting f rom such illegal use. 15. AUthorizeD User. You may request us to issue a Card to an individual who has no fi nancial responsibility under this Agreement. An Authorized User has the same access to your Account as you do, subject to any limitations we may impose. An Authorized User has no authority to add or delete Cardholders, request a replacement Card or ter minate or modify this Agreement. You may ter minate an Author ized User’s authority to access your Account at any time. To do this, you must ret ur n the Card to Pen Fed. You ag ree that you are responsible for all charges and cash advances made by an Authorized User, including charges made before the Card is ret ur ned, recurring charges, or charges made without the use of the Card initiated by the Authorized User after ter mination of the Author ized User’s access. 16. Lien. You hereby appoint Pen Fed as your agent under a special power of attor ney as well as give your express consent to enable us to charge against any balance in any of you r accounts, including accounts on which you are a joint owner, to include any other wise statutorily protected f unds that may not other wise be available by legal process, to pay any indebtedness or other outstanding financial obligation owed by you or any person who is listed as a joint owner on your accounts, including a deceased joint owner. This does not include your IR A or any other account for which this provision is not permitted. We may take such action without f ur ther notice to you or any joint owner. In regard to those funds that have a statutor y protection, you understand that you may withdraw the special power of attor ney and consent for Pen- Fed to apply such f unds to pay any such indebtedness by notif ying us in wr iting. If your agency appointment or consent is withdrawn, Pen Fed may in its sole discretion ter minate any and all services that you have with the credit union. 17. issUAnCe/Use of CArD. Upon receipt of the Card(s) you and all other cardholders agree that you will sign the sig nat ure panel on the back of the Card(s). The Card remains the proper t y of Pentagon Federal Credit Union and may be revoked without notice at any time. The Card must be sur rendered to us upon demand or revocation. If we employ an agent to obtain the Card your Account will be charged with any related fees. No expired, revoked or other wise invalid Card shall be used to obtain or attempt to obtain credit. You will remain responsible to pay the amount you owe us according to the ter ms of this Agreement. Cancellation of the Account will also ter minate any other products or ser vices offered in conjunction with it. However, recur r ing charges from a third par ty vendor/merchant will be charged to your Accou nt, even though you have requested cancellation. You must cancel the recurring charge with the third par ty merchant/vendor. 18. issUAnCe/Use of CheCks. If we issue you checks, these checks are treated as cash advances when they are used and presented for payment. We may refuse to issue or reissue and may also ter minate, limit or modify the use of the checks without notice to you, and you ag ree to sur render the checks upon our demand or upon learning of our cancellation or withdrawal of the checks. Use of checks or other methods of access for kiting or similar activit y is an action of default. The checks at all times remain the proper t y of PenFed and we may repossess them without the use of cou r t process. All of the ter ms and conditions of this Agreement apply to the use of the checks. Only check blanks and other methods authorized by PenFed now and in the future may be used to obtain funds f rom your Account. If so authorized by PenFed, your use of a personal identification number (PI N) for such pur pose shall constit ute your signature. Paid checks become ou r proper ty and will not be retur ned to you. Copies may be provided, if requested. Should we decline to pay any check, or if you instruct us not to pay a check, Pen Fed shall not be liable, except for gross negligence, for any action it takes regarding payment or nonpayment of a check. You will not date any check later than the date that you w rite it. If you do and the check is presented for pay ment before its date, Pen Fed, in its sole discretion may ret urn it unpaid, or pay it. If we pay it, we will charge the Account. PenFed may, in its sole discretion, pay a check which has a date more than six months old. 19. foreign trAnsACtions. Purchases and cash advances made in foreign currencies will be debited f rom your account in U.S. dollars. The exchange rate bet ween the t ransaction cur rency and the billing cur rency used for processing international transactions is either a wholesale market rate or the gover nment mandated rate in effect one day prior to the date processed by Visa. 20. CreDit insUrAnCe PLAn. You r purchase of the Credit Insurance Plan (“Plan”) is optional. W hether or not you pu rchase this protection will not affect your application for credit or the ter ms of any existing credit agreement you have with Pen Fed. If you do purchase Credit Insu rance you may cancel it at any time by notifying us in writing. You understand that you may rescind this plan within 30 days af ter the date your Credit Insurance becomes effective. If you rescind, any premiums you have already paid will be credited to your account. We can ter minate this Agreement by giving you notice at least 30 days in advance of the termination. The premium, method of calculation and assessment are subject to change. If these ter ms change we will provide written notice before the change goes into effect. Premiums will accr ue on a daily basis and will be billed to your account monthly. Complete details of this optional Credit Insurance are included in The Credit Insu rance Plan Program Agreement which you will receive upon en rollment. 21. AssignAbiLity of ACCoUnt. You agree that Pen Fed may at any time sell, t ransfer or assig n your account. 22. Lost/stoLen CArD. If your statement has an error or a charge you did not authorize, you must tell us in writing within 60 days after you get that statement. You must follow all instr uctions on that statement. If we fi nd no er ror after investigation, you owe us the original amount plus applicable interest and fees. You are responsible for the possession and use of the Card and must maintain the con fidentiality of the PI N we may assign you. You will notif y us at once if you believe your Card has been lost or stolen, or if you have reason to believe the Card is being used without your per mission. You may notif y us by calling 800-556 -LOST or 402-399-3600 collect f rom overseas, or by w riting to us at Card Ser vices, Pentagon Federal Credit Union, Box 456, Alexandria, VA 22313-0456. 23. LiAbiLity for UnAUthorizeD Use. You are liable for all author ized use of any Card issued u nder the Agreement regardless of the credit limit or the par t y using it. You agree to notif y us im mediately by calling 800-556 -LOST or 402-399-3600 collect from overseas, or wr iting to us at Card Ser vices, Pentagon Federal Credit Union, Box 456, Alexandr ia, VA 22313-0456 if you suspect unauthorized use of the Card, and to cooperate with us in the recovery of any amounts advanced based on unauthorized use. You will not be liable for any unauthor ized use of the card. 24. stAtements. We will bill you monthly, on a date selected by us, for amounts due under this Agreement. As a condition of the issuance of this card, you agree to receive your credit card statement(s) elect ronically. You fur ther understand and agree that if you cur rently have any other PenFed credit cards, you will also receive those statements electronically. You will receive an email aler ting you when your statement is ready to be viewed online. Failu re to receive a monthly statement or elect ronic st at ement not i fi cat ion does not relieve you f rom ma k i ng a ny r eq ui red m i nimum pay ment. Upon receipt of each periodic statement, you should examine it and immediately notif y us in wr iting of any transaction you believe to be in er ror. If your Account is a joint account, we can send statements and notices to either of you. You agree to notif y us promptly of any change in your name, address, or email address. 25. PAyment skiP oPtion. At our option, we may provide for a payment skip option, which means that you may be allowed to skip making the minimum per i- odic payment for specified billing cycles. If you accept this payment skip option, we will continue to apply the finance charge as disclosed above, but no late payment fees will apply to the skipped payment. For the billing cycle following a skipped pay ment, all the ter ms and conditions of this Agreement (including minimum per iodic payment and applicable late pay ment fees) will continue to apply. 26. other Agreements. All the ter ms and conditions of any other agreement bet ween us and you and/or any other institution that is part of a network of automated teller machines (ATMs) in which we participate, and any applicable r ules and regulations, also apply to use of the Card. There may be minimum and /or maximum limits on the amount of a cash advance dispensed f rom electronic ter minals which accept the Card. All of the transactions made by elect ronic means are subject to verification by us, and any checks or other items deposited for collection may be deemed to be received and any other transaction may be deemed to occur on ou r next business day. You understand that transactions may be limited in some areas. You agree that we do not waive our rights under this Agreement if we fail to asser t them. The Agreement binds and benefits us and our successors and assig ns and binds you, you r estate and your personal representatives. 27. APPLiCAbLe LAw. This Agreement and your Card and Additional Cards, and all questions about their legality, enforceability and inter pretation, are gover ned by the laws of the Commonwealth of Virginia, USA. yoUr biLLing rights (Keep this notice for future use.) This notice tells you about you r 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 er ror on your statement, write to us at: Card Services, Pentagon Federal Credit Union, Box 456, Alexandria, VA 22313 -0456. You may also contact us on the Web via our Secu re Online Message Center at: Pen Fed.org In your letter give us the following information: • Account infor mation: Your name and account number. • Dollar amount: The dollar amount of the suspected er ror. • Description of problem: If you thin k there is an er ror 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 er ror 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 thin k is w rong. 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 amou nt in question. whAt wiLL hAPPen After we reCeiVe yoUr Letter When we receive your let ter, we must do two things: 1. Within 30 days of receiving your let ter, we must tell you that we received your letter. We will also tell you if we have already corrected the er ror. 2. Within 90 days of receiving your let ter, we must either cor rect the error or explain to you why we believe the bill is cor rect. While we investigate whether or not there has been an error: • We cannot t r y to collect the amount in question, or repor t 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 u npaid amount against your credit limit. After we finish our invest igat ion, one of two things wil l 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 thin k you owe. If you receive our explanation but still believe your bill is wrong, you must wr ite to us within 10 days telling us that you still ref use to pay. If you do so, we cannot repor t you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we repor ted you as delinquent, and we must let those organizations k now when the matter has been settled between us. If we do not follow all the r ules above, you do not have to pay the fi rst $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 wit h the goods or ser vices that you have purchased with you r credit card and you have tried in good faith to cor rect the problem with the merchant, you may have the r ight not to pay the remaining amou nt due on the purchase. To use this right, al l of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your cur rent mailing address, and the purchase price must have been more than $50. ( Note: Neither of these is necessar y if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or ser vice s.) 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 accou nt do not qu alif y.