TERMS AND CONDITIONS OF ON-LINE ACCOUNT PAYMENT SERVICE Please read these terms and conditions carefully. By accessing this site and any pages hereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site or any pages hereof. USER AGREEMENT General - This User Agreement ("Agreement") describes the terms and conditions governing use of Total Card, Inc. (hereinafter "TCI") On-Line Account Services. On-Line Account Services may be used by the primary and/or any joint accountholder ("you") to access certain credit card account information and services. Agreement to Terms - Your enrollment in, access to or use of On-Line Account Services constitutes your agreement to be bound by all of the terms and conditions of this Agreement and the Disclaimer above. Scope of Agreement - This Agreement covers all On-Line Account Services whether available now or in the future. This Agreement is a supplement to any other agreement you have with us. In the event of any inconsistency between this Agreement and any other agreement you have with us, the terms of the other agreement shall control. Fees - There is no additional fee for accessing your account information through On-Line Account Services. Any other fees applicable in connection with your account continue to apply, as described under the terms of your Cardholder Agreement or in connection with any specific offer for specific products or services. Please note that fees may be assessed by your on-line service provider. TCI is not responsible for any telephone or other on-line service provider charges incurred by accessing your credit card account through On-Line Account Services. Electronic Messages - TCI does not accept E-mail messages from customers. In order to facilitate customer feedback or inquires, please call Cardholder Services at 1-800-536-6020. Change in Terms - TCI may change or limit any aspect of On-Line Account Services or this Agreement at any time with or without prior notice; provided, however, that you will be given prior notice in the event that fees are assessed for the use of On-Line Account Services. Termination; Suspension - Your enrollment in, access to, or use of On-Line Account Services, or the On-Line Account Services program, may be terminated or suspended, in whole or in part, at any time for any reason with or without prior notice. Examples of reasons for such termination or suspension include, without limitation: - Delinquency on your credit card account - Over Limit on your credit card account - Fraudulent activity on your credit card account - An attempt to misuse On-Line Account Services - Whole or partial, permanent or temporary, termination of On-Line Account Services. If you wish to cancel your access to On-Line Account Services, please contact Cardholder Services at 1-800-536-6020. Liability - In no event will TCI, its officers or employees, affiliates, or subsidiaries or its service providers be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in conjunction with this site or use thereof or inability to use by any party, or in conjunction with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TCI, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Payment Confirmation - Upon completion of the on-line payment process through On-Line Account Services, you will be provided with a payment reference number. Please note that the reference number provides a means only to identify a transaction and is not confirmation of a payment posting to your account. Please write down the reference number or print the page for your records. Payments made before 2:30 p.m. CST on a business day will post to your account that day. Payments made after 2:30 p.m. CST on a business day and payments made on Saturday, Sunday or a bank holiday will post to your account the following business day. Our financial records update each business day. Payments posted to your account will be reflected on your account after 6:00 a.m. CST the following business day. "Business day" means any weekday (Monday through Friday) except bank holidays. On credit card accounts, payments may not result in immediately available credit pending verification of funds. Access hours, use, etc. - You can access your account through On-Line Account Services seven days a week, 24 hours a day. However, at certain times, some or all of On-Line Account Services may not be available due to system maintenance or failure. TCI is not responsible for your inability to access On-Line Account Services, for whatever reason. Account balance and activity information are generally updated daily. However, daily updates may not occur due to system maintenance or failure. TCI is not responsible for any failure to update information, for whatever reason. Use of Information and Materials - The information and materials contained in these pages - and the terms, conditions, and descriptions included herein - are subject to change. Your eligibility for particular products and services is subject to final determination and acceptance by TCI. Warranty - The information and materials contained in this site, including, without limitation, text, graphics, links or other items - are provided "as is," and "as available". TCI does not warrant the accuracy, adequacy or completeness of this information or materials and expressly disclaims liability for errors or omissions in this information or materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties on non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. Submissions - All information submitted to TCI via this site shall be deemed and remain the property of TCI and TCI shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides TCI through this site. TCI shall not be subject to any obligations of confidentiality regarding submitted information except as stated in your credit card account agreement or as otherwise specifically agreed or required by law. Copyrights - All content and information on this site is copyrighted by TCI and any unauthorized reproduction or distribution is prohibited. Miscellaneous - TCI can delay enforcing any of its rights under this Agreement or in connection with On-Line Account Services without losing them. If any provision of this Agreement is determined to be invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected, and in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable. This Agreement shall be governed by the laws of the State of South Dakota.