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your regular terms will resume at the time our offer specifies. Occasionally, you may be contacted about promotions, credit card enhancements and special products. If you prefer not to receive this information, please write to us at BankCard Customer Service, P .O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request to take effect.
Telephone Monitoring. You consent and agree that we may monitor and record your telephone calls with our employees or contractors.
Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card transactions on your credit card account, subject to a very few exceptions. Instead, if the merchant grants your request for a refund, it is the merchant's responsibility to send a credit through Visa or MasterCard so that we can credit your account. You should retain your copy of the credit slip prepared by the merchant. If the merchant discloses a policy limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or other reservations, you will be bound by the merchant's cancellation policy, and you must obtain a cancellation code from the merchant to avoid or limit any charges in accordance with that policy. If you give a merchant continuing authority to charge your account for repeat charges, you must notify the merchant when you wish to revoke that authorization. If the merchant continues to initiate such charges, to preserve your billing rights you must continue to notify us promptly every time your billing statement reflects a new charge.
Assignment. We may assign any or all of our rights under this Agreement, including any debt you owe us.
Captions. Captions used in this Agreement are intended solely as aids to convenient reference and do not affect the interpretation of this Agreement.
Applicable Law/Non-Waiver/Severability. YOUR ACCOUNT AND THE TERMS AND ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAW OF TENNESSEE. We can delay enforcing any of our rights under this Agreement any number of times without waiving our rights in the future. If any term of this Agreement is found to be unenforceable, all other provisions remain in full force and effect.
Illegal Transactions. You agree not to make or permit to be made any illegal transactions on the account through use of the card, any other account access device issued by us, or in any other manner. We may, but are not required to, deny authorization for any internet gambling transactions, any internet purchase of tobacco products, or any other illegal transactions. You agree that illegal use of the card or the account will be deemed an action of default and/or breach of contract and, in such event, the account and other related services may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use.
Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or stolen or if you think someone used or may use your account without permission, you agree to notify us immediately by calling 1-800-382-5465 or (901) 818-9250 (Collect) if you are outside the continental United States. Upon our request, you agree to provide us such written information as we request or require to assist our investigation.
Liability for Unauthorized Use. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before you notify us.
ARBITRATION PROVISION
As of October 3, 2017, this section, Arbitration, does not apply if, on the date you enter into this Agreement or on the date we seek to invoke our arbitration provision, you are covered by the federal Military Lending Act as an active duty member of the Armed Forces, on active Guard or Reserve duty, or a dependent of such a member.
ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS.
THE ARBITRATOR'S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined below), except for Claims filed in a small claims court, may be resolved by mandatory, binding arbitration. The small claims court exclusion applies only so long as the dispute remains in the small claims court and is an individual (non-class, non-representative) Claim. If a Claim asserted in small claims court is transferred or appealed to a different court, either you or we may then elect mandatory, binding arbitration pursuant to this Arbitration Provision. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the FAA).
Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms have the following definitions. The words we, our and us mean First Horizon Bank, its parent company, and their direct and indirect subsidiaries and affiliates, together with their employees, officers, directors, successors, and assigns. The words you, your, and yours refer to any Consumer applicant, co-applicant, authorized user of the account, or legal representative of any of the foregoing, and anyone claiming through such person or incident to the account. The word 'Consumer' means a natural person who holds an account primarily for personal, family or household purposes. The word Claim means any claim, controversy, or dispute of any kind arising from or relating to the account or any relationship arising from or related to the account. The word Claim includes, but is not limited to, any claim, controversy or dispute involving one or more of the following:
any advertisements, solicitations, disclosures or other communications relating to the account, whether made before or after the account was opened;
the formation, application, enforceability, or interpretation of this Arbitration Provision or other part of the Agreement;
the opening, administration and termination of the account;
any interest, fees and other charges to the account;
any transactions involving the account;
any products or services (whether provided by us or a third party) related to or offered in connection with the account;
any use or disclosure of information about you or the account;
any other matters relating to the account or your credit card relationship with us.
All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision, regardless of whether the Claim: (i) previously existed, is now existing (whether discovered or undiscovered) or arises later; (ii) is based on a theory of contract, tort (including intentional tort), negligence, agency or other vicarious liability, fraud, statute, regulation, constitution, or any other source of law or equity; (iii) seeks monetary damages, or declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim, counterclaim, crossclaim, interpleader action, third-party claim or other action; or (v) is asserted as an individual claim or as part of a class action or other representative or collective action. (Any Claim asserted as part of a class action or other representative or collective action shall proceed in arbitration on an individual basis as set forth below.) Joint Cardholders, applicants and authorized users on a single account or multiple accounts for which the same Cardholders are legally responsible will be treated as one person for this purpose. All questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Initiation of Arbitration. The party electing arbitration must use the arbitration administrator shown below and follow its rules and procedures, except as otherwise stated in this Arbitration Provision. Copies of its current rules, procedures, forms, and related information, including information about how to file a Claim, may be obtained by contacting the Administrator as follows:
American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043 Toll free number: 877-495-4185 http://www.adr.org
Except for the small claims court exclusion set forth above, either you or we may ask an appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim, even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit may nevertheless elect mandatory arbitration with respect to any Claims subsequently asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not waive your right or our right to demand arbitration of any other Claim. If the Administrator declines to administer a Claim in arbitration, then either party shall have the right to proceed with the Claim as a lawsuit in court, in which case the Class Action Waiver set forth below still applies.
Class Action and Jury Waiver. You and we hereby knowingly and voluntarily (1) waive the right to proceed as part of any class action and (2) waive the right to a trial by jury of any and all Claims. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Severability. The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this Arbitration Provision, other than the Class Action Waiver, cannot be enforced, that portion will be severed, and the rest of the Arbitration Provision will continue to apply.
Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve Claims pursuant to the rules and procedures of the Administrator and this Arbitration Provision. This Arbitration Provision will govern in the event of conflict with the Administrator's rules and procedures. Discovery procedures available to parties will be limited by the Administrator's rules and procedures. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and honor legally recognized claims of privilege. The arbitrator will have the power to award any damages or other relief that would be available in court and are permitted under the terms and conditions of this Agreement, but only with respect to the named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision will not be subject to federal, state, or local rules of procedure and evidence applicable to lawsuits or to state or local laws relating to arbitration. Either party may choose to have an arbitration hearing and to be represented by counsel. An arbitration hearing may be conducted by telephone if the parties agree. Any participatory arbitration hearing that you attend in person will occur at a place designated by the Administrator at a location within the federal judicial district that includes your billing address or at some other place agreed upon by you and us. The arbitrator will use reasonable efforts to protect confidential information if requested to do so by any party. The arbitrator will make any award in writing and, upon a timely written request, provide a written statement of reasons for the award.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the Administrator. In addition, in the event that you receive an arbitration award that is greater than our last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys' fees and costs. Otherwise, each party will bear its own attorneys' fees and costs, regardless of who prevails.
Finality of Arbitration. The arbitrator's decision is final and binding on the parties, except for any right of appeal provided by the FAA. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the FAA. An arbitration award will be enforceable under the FAA by any court having jurisdiction.
Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or changes in the Agreement and/or related agreements or programs, the account, and the relationship between you and us concerning the account and related programs; (ii) bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or any amounts owed on the account. Any different agreement regarding arbitration of Claims must be agreed in writing.
Your Billing Rights: Keep this Document 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: BankCard Center, P .O. Box 1545, Memphis, TN 38101-1545. : You may also login to Banking Online and submit a transaction dispute. You will need to give us the following information:
Account information: Your name and 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:
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.
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:
The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
We cannot try to collect the amount in question, or report you as delinquent 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:
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.
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 is 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.)
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: BankCard Center, P .O. Box 1545, Memphis, TN 38101-1545. You may also contact us by logging in to Banking Online and submitting a transaction dispute. 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.
M-137795
CARDHOLDER AGREEMENT
and Disclosures Under The Federal Truth In Lending Act
