bank of america 2003

8/6/2019 Bank of America 2003

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Bank ofAmerica

CARDHOLDER AGREEMENT

Section 1: INTRODUCTORY PROVISIONS1.1: Contents and Effectiveness of Agreement. This Agreement governsyourcredit card account ("Account")withus- t consists ofthis document, an enclosed"Additional Disclosure" and other documentsthat we mayrefer to as part of thisAgreement. The Agreement becomeseffectiveand you agree to its terms byeitherusing yourAccountor by notclosing your Accountwithin 3 days of receipt of thisAgreement.1.2: Parties to Agreement. "We," "us,"and "our"refer to Bank ofAmerica, N.A.(USA)."You,""your," and "yours"refer to any person (a) whose name appears on aCardor Statement or whouses this Account,or (b)whoothenvise agrees to be iableon the Account.1.3: Definitions. In addition to other formsDefined throughoutthe Agreement,thefollowingterms havethe meaningindicated in this Section:

1.3.1: "APR"means Annual Percentage Rate.1.3.2: "Blling Cycle" meansa period of about one month ending on a bdingdate.1.3.3: "Card" meansa Sank ofAmericacredit card issued on your Account.1.3.4: "Cneck" meansa check drawnon your Account,1.3.5; "Margin" means the number of percentage points added to the Index todeterminean APR.1.3.6: "MasterCard" means MasterCardInternational, Inc.1.3.7: "Statement" meansan Accountbilling statement.1.3.8: "UnauthonzedCharge" meansa transactionmade on your Accountbya person, other thanany one ofyou,who does no! have actual, implied, orapparent authorityto make such transaction, and from which none of youreceiveany benefit.1.3.9: "Visa" meansVisa U.S.A. Inc.1.3.10: "BusinessDay" means Monday through Friday,excluding federajbankholidays.

Section 2: USE OF YOUR ACCOUNT2.1: Types of Transactions. You may useyour Accountfor thefollowing typesof consumer transactions:

2.1.1: Purchases. Purchase goodsor services with your Card.

2.1.2: Cash Advances. Obtain cash froma participating financial Institutionor merchant ("Cash Disbursement")or froman ATM("ATM Advance"), writeaCheck for any legal purpose ("Check Advance")or purchase moneyorders,travelers checks, foreign currency, lotterytickets, casino chips, racetrackwagers, vouchers redeemable for cash or other items readilyconvertible intocash ("Quasi Cash"), or transfer funds from your Account to your Bank ofAmerica personal checking account for overdraft protection ("OverdraftProtection").2.1.3: Balance Transfers. Transfer balances to your Account from othercreditors.

2.2: Limitations on Use2.2.1: General; Consumer Account, in addition to any other contractualor legal restrictions,the use ofyourAccount islimited as described below.YourAccountis a consumer Accountand should not beused forbusiness purposes.2.2.2: Legal Transactions. You will onlyuse your Accountfor transactionsthat are legal where you conduct (hem. Forexample, Internetgamblingtransactions may beillegal inyour state.Displayof a payment card logoby anonline merchant doesnot mean thatan Internettransactionis legal whereyouconductit.We maycharge your accountforsuch transactions. We will not beliable if youengage in an illegal transaction.We maydeny authorization of anytransactionsidentified as Internet gambing.

2.2.3: Credit Line and Cash Limit. Your Accounthas a credit line("Line") shown on your cardcarrier or Statement. Youwill not allow yourAccount balanceto exceed the amountof this Line. Ifyour Statementalsoshows a limit forCash Advances ("CashLimit"), youwill notallow your CashAdvancebalance to exceed your CashLimit. We may change yourLine or

Cash Limitat any time. We may. but are not required to. approve transactionsthat exceed youravailable Line or Cash Limit.2.2,4: Authorizations. Some transactions requireour prior authorization.We may limit the number ofauthorizations we give in a day. We may denyauthorizationif you are indefault(as defined in Section 7.12), if wesuspectfraudulentactivityor for otherreasons. We are not liable for anyfailure toauthorize a transaction. Youare liable for anytransactionwe authorize evenif weshould not haveauthorized itbecause you are or would beindefaultasa resultof the transaction.

2.2.4.1: Internet Transactions: f your cards a Visabrandedcard,then your cardis automatically enrolled in theVerifiedby Visa program.Inorder to make transactions overthe Internet merchants may requestyourVerified byVisapassword o completethe transaction. If a passwordis notprovidedthe merchant maydeny the transaction.If thepasswordis incorrectwe maydeny the transaction. Youcan select or change yourpassword and view additional terms online athftp:/7www.bankofameri(a.com/creditcards/ andclicking on the Verifiedby Visa link. Byallowing another to use your Verifiedby Visa passwordyouare authorizing the transactionon your account

2.2.5: Unpaid Checks. We may rejectand return unpaid a Check youwrite because:(a) Youravailable Line or Cash Limit has been or wouldbe exceeded bypaying the Check at thetime it is presented to us:(b) Your Check is post-dated. If a post-dated Checkis paid, resulting inanother check being returnedor notpaid, we are notresponsible;(c)The dateofyour Checkis more than6 months old;(d) YourAccountis closed or suspended.(e) You are in default or would be so if we paid the Check;(f) Yoursignature or the payee's name or endorsemen: is missing on theCheck,or the Check appears altered.If we pay any Check under anycondition, you must pay us tho amount of theCheck plus applicable fees and charges unless such liability is precluded bylaw.

Section 3: FINANCE CHARGES3.1: Grace Period. We do not charge any periodic Finance Charges on yoinew Purchases if:(1)You pay your New Balance infull by your Payment DueDatfor (2) YourpreviousNewBalance was zero or a credit balance. There is no gracperiod for Cash A dvances and Balance Transfers.3.2: Periodic Finance Charge Calculation. For each day in the BiilinCycle,we take yourbeginning balance, add any newtransactionsor other debit:and subtract anypaymentsorother credits. This givesus that day'sDaily BalanciWe multiply this Daily Balance by the Daily Periodic Rateto get your PeriodiFinance Charges for that day.We add these Periodic Finance Chargesto yoiDaily Balance to get thebeginning balance for thenext day.To get your total Periodic Finance Chargesfor thai Billing Cycle,we add ail thDaily Periodic Finance Charges and round the sum to thenexthighest cent. Thiamount is also equalto theAverageDaily Balancemultiplied by theDaily Period!Rate and then multiplied by the number ofdays in theBilling Cycle.Todetermirithe Average Daiiy Balance, we add allyour Daily Balancesand divide by thnumber ofdays in theBilling Cycte.We do this calculation separately tor each feature such as Purchases, CasAdvances, BalanceTransfers or PromotionalBalances. Periodic Finance Chargebegin to accrue from the later of the transaction date or thebilling date of thStatementon whichthe transaction appears,

3.3: Periodic Rates and Annual Percentage Rates3.3.1: Rates. The Daily Periodic Rates and the corresponding Annual.


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Percentage Rates tor your Acco unt are listed on the "Additional Disclosure",The Daily Periodic Rate is the corresponding Annual Percentage Ratedivided by the number of day s in ayear rounded to thenext highest hundredthousandth of a percentagepoint.3.3.2: Variable Rate Information. The variable rates listed in the"AdditionalDisclosure"are determined by adding a Margin (listedin the

"AdditionalDisclosure")to an Index. The Index is the prime rate published inthe Money Rates sectionof Th e WallStree tJournalin effecton the last dayof each calendar month (the "Index Date(s)"). This rate does not necessarilyrepresentthe lowest prime rateor Bank of America's low est rate.The variablePeriodic R ates and corresponding Annual P ercentage Rates will increase ifthe Index increases or decrease if the Index decreases . The ch ange s tothese variable rates will become effective on the first day of y ourBilling Cyclethat ends in the calendarmonthfollowing the Index Date. An increase to you rPeriodic Rateand corresponding Annu al Percentage Rate will increasetheamount of Finance Charges on your Account and may increase yourMinimum Payment Due.

3.4: Minimum Purchase Finance Charge. Whenever the Purchasebalance is subject to aperiodic Finance Charge, we will charge the greater ofthatperiodic Finance Charge or the Minimum Finance Charge for Purcha ses shown inthe "Additional Disclosure".3.5: Cash Advance and Balance Transfer Fees. For each Cash Advance,we will charge the Cash Advance Fees shownon the "Additional Disclosure",

rounded to the next highest cent,and add the fee to theCash Advance balanceonthe transaction date. Balance Transfersand Promotional Balances will also incurthese Cash Advance Fees unless westate otherwise in ouroffer.Section 4: OTHER FEES AND CHARGES4.1: Types of Other Fees and Charges. We will charge the following fee sand other charges:

4.1.1: Annual Fee. If an AnnualFee applies to your Account,it willbebilled each year.4.1.2: Late Payment Fee. A Late P aymentFee if we do notreceiveatleast the Minimum PaymentDue by itsPaymentDue Date,4.1.3: OverlimH Fee. An OverlimitFee ifyour Account exceedsits Lineat any timeduring a Billing Cycle.4.1.4: Returned Payment Fee. A Returned Payment Fee for anypaymenton your Accountthat is returned to us unpaid.4.1.5: Stop Payment Fee. A Stop PaymentFee for anyrequest madetostop paymenton a Checkunless we have posted the Check to your Accountbefore your request4.1.6: Copy Charge. A Copy Chargefor aStatement, sates draft,Check,or other record of your Acco unt other than for abilling dispute you may as sertagainst us pursuant to applicable law.4.1.7: Research Fee. A Research Fee for our time researchingsomething requestedon your Account other thanfor abilling dispute you mayassert against us pursuant to applicable law.4.1.8: Photo Expressions Photo Change Fee. If you have PhotoExpressions on your Card, a Photo Change Fee for changing thephotograph.

4.2: Amount of Other Fees and Charges. The amountof Other FeesandCharges are listed on the "Additional Disclosure" and added to the Purchasebalance of the Account on the date they are assessed.Section 5: YOUR LIABILITY5.1: Liable Parties. If your nameappears on a Statement, our records showthat you are liable for the full balance due on the Account. By using your Accountor making a payment on the Account knowing that your name appears on any

Statement, you agree that our records are accurate. Inaddition, you are liable forthe full balance due on the Account if you have agreed to beliable (even if yourname does not app ear on a Statement). In each case described above, you w ill beindividually and jointly liable("Liable Party")for allcredit extended on theAccount(other than for Unauthorized Charges)including any Finance Charges, Other Feesand Charges, and expenses as provided in this Agreement. If yourlegal residenceor Statement address is in a country outside the United States, the government of

that country may impose awithholding tax on the Finance C harges due on yourAccount.You are liable for such tax and we maycharge the amount of the tax toyour Accountif you do notpay.5.2: Other Users of the Account. If you are not aLiable Partyand you usethis Account, you areliable for each transaction you make on the Accountplus anyFinance Charges, Other Fees and Charges, and expenses provided in thisAgreement and related to such transactions. If you are an Authorized User (asdefined in Section 7.9), your liability doesnot relieve any Liable Party under thisAgreementfrom liability for theAuthorized User's transactionsuntil paid.Section 6: YOUR PAYMENTS6.1: Promise to Pay. Youpromiseto pay u s for alltransactions on your Accountfor which you are liable under Section5 or by law. II a bank branch or officesponsors your Account, you promise to pay it any unpaid Account balance it paysus within 30days, if an Account payment isinvalid, we will reverse any creditpreviously provided for such payment.6.2: Allocation of Payments. We apply paymentsin the following order:Finance Charges, Other Fees and Charges, prior Billing Cycle transactions[promotional balances (including Balance Transfers), Purchases and CashAdvances], then currentBilling Cycle transactions [promotional balances(including Balance Transfers), Purchases and Cash Advances]. Based on thisformula, if you accept a promotionaloffer, payments will be applied to apromotional balance (whichare normally at a lower interestrate) prior to anyexisting or new non-promotionalbalance. Similarly,payments are applied to

Purchases prior to any new or existing Cash Advances.6.2; Allocation of Payments (effective 3/1/04). We apply payments in thefollowing order: Finance Charges (currentand prior Billing Cycles), priorBillingCycle Other Fees and Charges, prior Billing Cycle transactions [promotionalbalances (including Balance Transfers), Purchasesand Cash Advances], thencurrent Billing Cycle Other Feesand Charges, currentBilling Cycle transactions[promotional balance s (including B alance Transfers), Purcha sesand CashAdvances].Based on this formula,if youaccept a promotionaloffer,payments willbe applied to a promotional balance (whichare normally at a lower interest rate)prior to any existing or new non-promotionalbalance. Similarly, payments areapplied to Purchases prior to any new or existing Cash Advance.6.3: Minimum Payment Due. Youwillpay at least the Minimum PaymentDuein the amount shown in your"Additional Disclosure" by the Payment Due Date onyourStatement.6.4: Form of Payment. For allamounts you owe onyour Account,youwillpayus in U.S. dollars.Allpayments (other than cas h paymentsat our Banking Centersor ATM's)must be drawn from funds on deposit in a U.S. depositoryfinancial

institution. We may, at ouroption, accept payments made in foreign currency orchecks dra wn on non-U.S. banks. If wedo, we may impose service and collectioncharges. Our determination of service and c ollection charges w ill be final. We arenot requiredto accept any payment thatwe deem to require special handling.6.5: Payments Marked "Paid In Full". We may accept letters, checksorother types of payment showing "paymentin full" or using other language toindicate satisfaction of your debt, withoutwaiving any of ourrights to receive fullpayment underthis Agreement. Youmust send any such communicationto the"Billing Rights Summary" address on your S tatement. Satisfaction of your debt forless than the full amount due requires a written agreement, signed by one of ourauthorizedassociates.Section 7: OTHER IMPORTANT INFORMATION7.1: Signature. Youshould signthe back of your Cardas soon as you receive itto help protect your Account fromunauthorized use. However, yourliability underSection 5 does not depend on whether you sign y our Card.7.2: No Security Interest on Purchases. This Agreement doesnot grantus a security interestin Purchases you charge to your Account.7.3: Account Materials. We may send Account materials(Cards,Statementsand notices) to anyLiable Party, and that person will beresponsible for deliveringthose materialsto the other Liable Parties and AuthorizedUsers. Noticeto any ofyou will be considered notice to all of you.7.4: Change of Personal Information. You will notifyus in writingimmediately if you chang e your name, addres s or home or business telephone


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number. If we do nothave a valid address because you failed to update yourinformation, thenyou are responsible for obtaining any account materialswewouldnormally have delivered to your address.7.5: Credit Information. We mayperiodically review your credit standingbyobtaining informationfrom credit reporting agencies and others concerning youraccounts.You will provide updated financial information upon our request. Inaddition, w e m ay report information about you to credit reporting agencies. Youhave the right to dispute the accuracy of informationwe have reported. If youwishto do so,writeto: Bank of America,P.O. Box 1598 , Norfolk, VA23510 Attn;CBRDisputes (VA6-300-OB-09).Please include your name, address, Account number,telephonenumber, social security number and a brief description of theproblem.Ifavailable,please includea copy of the credit report in question,7.6: Stopping Payment on Checks. To stoppayment on a Check you write,you m ust call us at the Customer S ervice number shown on your Statement withall the following information:the exact dollar amountof the Check; the Checknumber: your Account number; the name of the party to whom the Check waswritten and thename of the person whosigned the Check.We willstop payment on the Check if wereceive you r stop payment requestbythe business day before the day we pay your C heck. The date we pay the Checkmay be before the date it posts to your Account. The stop payment order willremain effective for 6 months. You may write us to cancel the order at any time.7.7: Sharing Information. We share informa tion withouraffiliatesand othersas described below;

7.7.1: Sharing Information with Affiliates and Others. We mayshare information that is solely about our transactions or experiences withyou or your Account("ExperienceInformation") withour affiliatesand others

such as Visa, M asterCard,or your other creditors.We mayalso share withour affiliates non-experience information ("Non-Experience Information")such as information contained in your credit application or obtained by usfrom other sources.You can instruct us not to share Non-ExperienceInformationby calling us toll-freeat 1-888-341-5000,or bysendinga writtenrequest to: Bank of America Customer Information Operations, P.O.Box27025, Richmond, VA 23261-7025.Please be sure to include your name,address, telephone number, Account number, and social security numberwith your correspondence.7.7.2: Sharing Information with Companies that Work for Us.We mayoccasionally share information w ith outside companies thatworkfor us. These companies act on ourbehalf and are obligatedto keep theinformalion that we provide to them confidential.

7.8: Solicitations. We carefullyselect quality productsand services to offeryou discount savings and other valuable benefits arranged specially for ourcardholders.You have choices whenit comes to learning aboutnew offers andservices.For example, you can choose not to receive notification about anyoffersmade by mail, telephoneor e-mail.To tell us your preferences,you can: (1)Visityour nearbyBanking Center, (2) Call us at the telephonenumber listed on yourStatement, (3) Send us an e-mail,or (4)Writeto us at the address indicated inthe Billing RightsSummary on your Statement. Pleasebe sure to includeyourname, address, telephone number, Account num ber, and social security nu mberwith your correspondence.7.9: Authorized Users. You may allowAuthorized Userson your Accountinthe following ways:(1) by notifyingus that you want someone added to yourAccountas an Authorized User;(2) by lending your Cardor Account numbertoanother; or (3) by anyother waysin which you wouldbe legally consideredtohave allowed anotherto use your Accountor to be legally preventedfromdenyingthat you didso. You mustthink carefully before you allow anyone to become anAuthorized User.Bydoingso, youauthorizethe person to use your Accountto thesame extent you can, including but notlimited to makingany Purchases, CashAdvances, Balance Transfersand allowing othersto use your Account.YourAccount does not permit you tolimit the nature or amount of authority you give toany Authorized Userand you willnot attempt to do so. AnAuthorizedUser'sauthority will continue until you both notify us that you are terminating the authorityand you physically retrieve the Card. If youcannot retrieve the Card, youwillremain liablefor anytransactions thatwe cannot preventafter you notifyus.7.10: Lost or Stolen Cards and Checks. Ifyour Cardor Checks are tostor stolen, or if youthink your Accountis beingused w ithout your permission,you

must notifyus immediatelyby calling the "Lost or Stolen Card" numberon yourStatement.7.11: Transactions with Merchants

7.11.1: Return Policy. If a merchant discloses a policy suchas "noreturns","no refund", "no return or credit w ithoutreceipt","as is","store creditonly", or"all sales final", youwillbe boundby that policy whenyou useyourAccountto buygoods or services from that merchant.7.11.a Reservations. When using your Accountto make travelorlodgingreservations, obtain the merchant'scancellationpolicy and follow itif

you cancel. If youcancel, obtainthe merchant's cancellation number thatit is required to give you.The merchant may charge you for acancelledtransaction unless you can provideus with the merchant's cancellationnumber.7.11.3: Recurring Transactions. If youauthorize a merchant tocharge your Accountfor repeat transactions withoutyour Card,you mustnotify themerchant w henyouwantto discontinuethe repeat transactionsorifyourAccountis closed or a new Account numberis issued by us.7.11.4: Dispute Assistance. If you disagree witha transactionon yourStatementor have a dispute withthe merchantas a resultof the transaction,you will provide informationor assistance we reasonably request.Otherwise,you willpay us for anyresulting losswe have unless we areprohibitedby applicable law from holdingyou liable for ourloss.

7.12: Default. Your Accountis indefault if you fail tocomply with any of theterms ofthis Agreementor any other loan agreement withus or anyone else; inthe event of your death, incompetency, bankruptcy, insolvency, fraud ormisrepresentation;or if wereasonably believe thatyou willbe unwillingor unableto paydebts you owe toanyone.If you are indefault,we mayclose your Accountwithout notice, and you must immediately pay yourunpaidbalance. To the extentnot prohibited by law, if you are indefault, you willpay our collection costs,attorney fees (including allocatedcosts for attorneys who areemployed by us),court costs and all other expenses of enforcing our rights under this Agreement.7.13: Closing Your Account. You mayclose your Accountby notifyingus.We may close your Accountor suspend your creditprivileges at any time withoutprior notice exceptas requiredby law. You will stopusing your Accountanddestroy allCards and Checks on your Account.AllLiable Parties' and AuthorizedUsers' liability will apply to all balances and transactions made on the Accoun teven if they are made or processed after the date the Account is closed.Ifwe receivea request fromany LiableParty to remove anotherLiable Party fromthe Accountwe m ay honor or refuse the request without prior notice.7,14: Amendment of this Agreement. Wemay amend this A greementbychanging,adding or deleting anyterm, condition, service or featu re("NewTerm")o f your Accountor ofthis Agreementat any time.We will provideyou with noticeof the amendment to the extent required by law.Unless we state otherwise, anyNewTerm will applyto your Account's unpaid balanceand to newactivityon yourAccount.If the amendment includes any change to the rate or rates of periodicinterestthat applies to your existingbalances, we will obtainyourconsent beforethat New Term becomes effective.If we need to do so, we mayobtain yourconsent in any one ormore of the following ways:(a) by your usage of theAccountafterwe give you notice of the amendment; (b)by your failureto writetous on-time if werequest that you w rite to us to reject a New Term; or (c)by youraffirmativeagreement which may be obtained verbally, in writing or electronically.Any other term in the amendment willbecome effectivewithout your consent,although you may beable to avoid a fee or charge by not makingthe type oftransaction towhichit applies after the effective date of the amendment.7.15: Foreign Currency Transactions. If you make a transaction incurrency other than U.S. dollars, Visa or M asterCard will convert the charge orcreditinto a U.S. dollar amount.The conversion ratewill be determined using Visaor MasterCard currency conversion procedures thatare disclosed to institutionsissuing Visa or MasterCard credit cards. The conversion rate on the processingdate may differ fromthe rate on the date of your transaction. Currently, VisaandMasterCarduse a currency conversion rateof either:(1) a wholesale market rateor (2) a government mandated rate, increased by an adjustment factordeterminedby us and Visa or MasterCard.In each case, Visa uses the rate ineffect one day before the conversion date and MasterCard uses a rate for theprocessing cycle.The adjustment factor, whichis subject to change without

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notice, is currently 3% of theU.S. dollar amount, of which we receive 2% andVisaor MasterCard receives the remainder. The U.S. dollaramount and the "rate" shownon your statement for each foreign currency transaction include only the 1% of theadjustment factor retained by Visa or MasterCard. The remaining 2% is addedtogether for all foreign currency transactions on your statement an d shown as a"Foreign Currency Conversion Adjustment."

7.16s Telephone Monitoring. We may listen to and record telephone callsbetween you and us for the purpose of monitoring and improving the quality ofservice youreceive.7.17: Enforceability. Our failure to exercise any of our rights under this

Agreement will not waive any of our rights in the future. If any terms of thisAgreementare found to be unenforceable, all other provisions will remain in fullforce.7.18: Governing Law. THIS AGREEMENT IS GOVERNED BY APPLICABLEARIZONAAND FEDERAL LAW.7.19: Arbitration. Any dispute, claim, or controversy ("Claim") by or between youand us (including each other's employees, agents or assigns) arising out of orrelating to this Agreement, your Account, or the validity or scope of anyprovision ofthis Agreement ncluding this arbitration clause shall, upon election by either you orus, be resolved by binding arbitration. Arbitration shall take place before a singlearbitratoron an individual basis without resort to any form of class action. Arbitrationmay be selected at any time unless a judgment has been rendered or the otherparty would suffer substantial prejudice by the delay in demanding arbitration.Arbitration, including selection of an arbitrator, shall be conducted in accordancewith the rules for arbitration of financial services disputes of J.A.M.S,/Endispute("JAMS"). You may call JAMS at 949.224.1810, or write to J.A.M.S., 1920 MainStreet, Suite 300, Irvine, CA 92614, to obtain rules and forms to initiate arbitration.If JAMS is unable or unwilling to serve as the provider of arbitration, we maysubstitute another national arbitration organization with similar procedures. Thisarbitration section of this Agreement shall be governed by the Federal ArbitrationAct,9 U.S.C. 1-16. Judgment upon arbitration may be entered in any court havingjurisdiction. Arbitration shall be conducted in the federal judicial district in which yourbilling address is located at the time the claim is filed. We will pay JAMS fees andexpenses for claims asserted by us. We will also pay JAMS fees and expensescharged to you inexcess of what filing fees would have been for you toinitiate anaction in court. If thearbitrator rules in favor of one party against the other, the otherparty shall pay all reasonable attorneys' fees and costs of the action on behalf ofboth parties (including any fees and expenses paid by one party on behalf of theother) unless the arbitrator or court decides such an award would cause asubstantial injustice based on the facts and legal arguments set forth in the action.YO U UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TOARBITRATEA CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU ANDUS FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMSTHROUGH COURT. OR TO PARTICIPATE OR BE REPRESENTED INLITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISEPROVIDED ABOVE, AL L CLAIMS MUST BE RESOLVED THROUGHARBITRATION IF YOU OR WEELECT TOARBITRATE.7.20: Payment by Phone. When using the Payment by Phone option, youauthorize us to initiate electronic payments from your designated account at thefinancialinstitution yo u indicate for the purpose of making an y payment on yourAccount.You must authorize the timing and amount of each payment transaction byusing your Payment by Phone Personal Identification Number (PIN).

7.20.1: Effective Date of Payment. Payment will occur on he date yourequested,7.20.2: Dishonored Request for Payment. If a payment is dishonoredfor any reason, including insufficient funds, we, in accordance with yourCardholder Agreement, and your financial institution may assess a fee. If apayment is dishonored by your financial institution for "insufficient funds", wewill attempt to initiate the electronic payment one more time before deemingthe payment unpaid. You understand that if a payment is dishonored,your Account will be considered due for that payment (if the minimumpayment due has not been met), and other payment arrangements willneed to be made.7.20.3: Revocation of a Payment. You have until 4:00 PM EST he dayof the scheduled payment to cancel or revoke that payment.

7.20.4: Payment by Phone Personal Identification Number (PIN).You acknowledge the PIN issued by us to authorize and authenticate aPayment by Phone transaction will be kept confidential.7.20.5: Authorization and Security Procedure. A Payment by Phonetransaction will not occur unless you initiate the payment through the Bank'sautomated response unit or speak with a Bank customer servicerepresentative. Youagree that the security procedures followed by the Bank toauthenticate your consent to a Payment by Phone transaction, although not inwriting, are reasonable, and agree to be bound by them as if you had signedthis Authorization in writing.

BILLING RIGHTS SUMMARYNotify Us in Case of Errors or Questions About Your Bill

Ifyo u think your bill is wrong, or if youneed more information about a transaction onyour bill, write us in a separate letter at the address indicated in the Billing RightsSummary on your Statement. Write us as soon as possible. W e must hear from youno later than 60 days after we sent you the first bill on which the error or problemappeared. You can telephone us, butdoing so will not preserve your rights.In your letter, give us the followinginformation:'Your name and Account number, The dollar amount of the suspected error. Describe the error and explain, if youcan. why youbelieve there is an error. If youneed more information, describe the item you are not sure about.

Ifyou have authorized us to payyour credit card bill automatically from your savingsor checking account, you can stop the payment on any amount you think is wrong.To stop the payment your letter must reach us three business days before theautomaticpayment is scheduled to occur.

Your Rights and Our Responsibilities After We Receive Your WrittenNoticesWe must acknowledge your letter within 30 days, unless we corrected the error bythen. Within 90 days, we must either correct the error or explain why webelieve thebill was correct.After we receive your letter, we cannot try to collect an y amount you question, orreport you as delinquent. We can continue to bill you for theamount yo u question,including finance charges, and we can apply any unpaid amount against yourcreditlimit. You do nothave to pay anyquestioned amount while we are investigating, bu tyou are still obligated to pay theparts of your bill that are not in question.If we find that we made a mistake on your bill you will not have to pay anyfinancecharges related to anyquestioned amount. If wedidn't make a mistake, you mayhaveto pay finance charges, and you will have to make any missed payments on thequestioned amount. In either case, we will send you a statement of the amount yo uowe and thedate that it is due.Ifyou fail to pay the amount that we think you owe, we may report you as delinquent.However, if ourexplanation does not satisfy you and youwrite to us within ten daystelling us that you still refuse to pay, we must tell anyone we report you to that youhave a question about your bill. And, we must tell you the name of anyone wereported you to. Wemust tell anyone we report you tothat the matter ha s been settledbetween us when it finally is.If we don't follow these rules, we can't collect the first $50 of thequestioned amount,even ifyour bill was correct.Special Rule for Credit Card PurchasesIfyou have a problem with the quality of goods or services that you purchased witha credit card, and you have tried in good faith to correct the problem with themerchant, you maynot have to pay the remainingamount due on the goods orservices. Y oumay have the right not to pay the remaining amount due on the propertyor services. There are two limitations on this right:a. You must have made the purchase in your home state or, if notwithin your homestate, within 100 miles of your current mailing address; andb. The purchase price must have been more than $50.

Theselimitations

do notapply if

we own oroperate

themerchant,

or if wemailed

youthe advertisement for the property or services.

F01-3014-1Bank of America, N.A. (USA)8 2003 B an k of America

bank of america 2003

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