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Terms & Conditions

BP Driver Rewards Card Program

The BP Driver Rewards Card program ("Program") is offered to BP customers at the sole discretion of BP Products North America Inc. and is open only to individuals who are sixteen (16) years of age and older, excluding Alabama and California residents, and have enrolled in the Program with a valid email address,. Your Consumer/Business Driver Rewards card account ("Account") is issued by BP Products North America Inc. (herein after "we," "our" or "us") located in Chicago, Illinois. The terms and conditions set forth herein govern the Program ("Program Rules"). In these Program Rules, "you" or "your" means all persons responsible for complying with this agreement, including natural persons, companies, and other business entities, whether or not incorporated, or the person or party who applied for the Account, or any person you authorize to use your BP Driver Rewards card. Upon enrollment, you will be issued a Driver Rewards ID number that is linked to your Account. You may only have one (1) Driver Rewards Account linked to your name/business. Your membership in the Program will be renewed automatically each year on January 1st as long as your Account is open, or until we notify you of the Program's cancellation. The Program is not subject to an annual program fee.

Earning Rewards

The rewards you accrue and potentially earn in this Program are called cents off per gallon Rewards ("Rewards"). Purchases made at non-BP gas stations do not accrue Rewards in this Program. You will earn Rewards at the rate of $0.01 (1 cent) for each $10.00 in BP fuel purchases you make using your Driver Rewards account at participating locations in the United States. This equates to $0.10 (10 cents) cents off per gallon for each $100 spent on the BP fuel purchases at participating locations. Reward accrual will begin upon the day you first use your Driver Rewards Account, but you cannot redeem Rewards until you register with the Program. The "Registration Date" is the day on which we approve you as a Program member.

Once you make a combined $300 in BP fuel purchases at participating BP stations through this Program between January 1 – December 31 of a calendar year, you will accrue a one-time bonus of $.15 off per gallon (“Ultimate Status Reward”) and achieve “Ultimate Status” in the Program. An Ultimate Status Reward can be earned one time every calendar year. Purchases made in one calendar year towards an Ultimate Status Reward will not carry forward to the following calendar year with respect to Ultimate Status. Ultimate Status is only valid per calendar year and must be earned again in subsequent calendar years.

From time to time, there may be promotional offers for the Program, which provide the opportunity to accrue additional Rewards as defined by the separate terms of that promotion, which shall be referred to as “Bonus Rewards”. Rewards, Ultimate Status Rewards, and Bonus Rewards are subject to the limitations defined below under “Rewards Redemption”.

To earn Rewards, you must swipe your Driver Rewards Account card prior to the start of the transaction. If you do not swipe your Driver Rewards Account card prior to the start of the transaction, the transaction cannot be recorded. BP Driver Rewards Members also have the option to type their Loyalty ID numbers prior to the start of their transactions in lieu of swiping their Driver Rewards Account cards to earn Rewards. Loyalty ID is available only at participating BP locations (excluding stations in Alabama & New Jersey) with operable transaction equipment and networks. Rewards are issued for promotional purposes only. Rewards earned have no cash value. Rewards may not be assigned, sold, transferred, and/or pledged to any third party. You have no property rights or other legal interests in Rewards. Rewards from separately enrolled Accounts may not be combined into one Account. There is no maximum amount of Rewards that you can accumulate in the Program, subject to the expiration of Rewards. Rewards may only be earned at participating BP locations with operable electronic transaction networks. You will not be able to earn Rewards at non-participating Driver Rewards stations or at any non-BP gas stations.

BP has the right to monitor all Rewards Account activity. If, at BP's sole reasonable discretion, BP believes or suspects that you, or anyone using your BP Driver Rewards card or Rewards Account has engaged in any fraud, abuse or suspicious activity; failed to follow the Program Rules; or made any misrepresentations, BP reserves the right to close or freeze your Rewards Account immediately, prohibit you from accruing and/or earning Rewards on your Account, and/or cause you to forfeit any Rewards not already redeemed. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your Account. If your Account is closed for any reason, your membership in the Program will be terminated. If BP believes that you, or anyone using your BP Driver Rewards card or Rewards Account, has conducted any fraudulent activity, BP reserves the right to take any necessary legal action and may have grounds to confiscate any Rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to BP, including litigation costs and damages, and you will not be allowed to participate in BP Driver Rewards in the future.

If you have any questions about your Rewards Account balance, or if you believe that your Rewards Account has been the subject of any suspicious activity, please call 1-877-852-3025.

Rewards Expiration

Earned Rewards (including Rewards earned prior to registration, Ultimate Status Rewards, and any separately earned promotional Bonus Rewards) expire at the end of the calendar month 365 days after the month the Rewards are earned.

Rewards Redemption

Rewards earned will be available for use within twenty-four (24) hours after your Registration Date. Ultimate Status Rewards will be available for use within 24 hours of being earned and can be redeemed within twenty-four (24) hours after your Registration Date. The availability for use and redemption of any Bonus Rewards will be governed by the separate terms of that promotional offer. Rewards will be redeemed on a first-earned, first-redeemed basis. All Rewards redemptions are final and may not be cancelled.

When you use your BP Driver Rewards card at participating BP stations and choose to redeem your Rewards at the pump, the price per gallon displayed on the dispenser will decrease by the maximum amount of your available earned Rewards in one-cent increments to a minimum of 10.9¢ per gallon. This means that the dispenser will never decrease the price per gallon displayed to zero and will always display at least 10.9¢ per gallon. Rewards can be redeemed for a one-time fill, up to a maximum of 20 gallons per each fuel purchase transaction. There are no Rewards carryovers on purchases of less than 20 gallons. Any unused Rewards are automatically forfeited. This means that if you pump less than 20 gallons in one fuel purchase transaction when redeeming your Rewards, then you immediately forfeit the Rewards on those remaining un-pumped gallons. Any fractional or excess Rewards that were not eligible to be redeemed due to the 10.9¢ displayed minimum will be carried forward for use in a future purchase transaction, subject to the expirations of Rewards. Rewards may only be redeemed at participating BP locations with operable electronic transaction networks. Rewards may not be valid with other offers. You will not be able to redeem Rewards at non-participating Driver Rewards stations or at any non-BP gas stations. Rewards are not refundable, replaceable or transferable for cash, credit or other rewards under any circumstances unless required by applicable law.

Additional Obligations

BP is not responsible for any tax liability related to this Program. Any disputes concerning Rewards will not affect your payment obligations for your fuel purchases. We are not responsible for any disputes among you or any authorized users relating to the Program. Questions regarding the Program please call 1-877-852-3025.

Program Restrictions

We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever on an immediate basis and without prior notice. If we determine that you have registered more than one (1) Driver Rewards Account to your name/business, we reserve the right to terminate these Accounts without further notice.

Right to Change/Modify/Cancel

BP may cancel, modify, restrict, waive or terminate any of the Program Rules, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. Your continued participation in the Program constitutes your acceptance of any changes to the terms and conditions of the Program. You are responsible for remaining knowledgeable of any changes that BP makes to the Program and the Program Rules. The most current version of these Program Rules will be available on the website www.BPDriverRewards.com and will supersede all previous versions of these Program Rules.

Termination

The Program has no predetermined termination date and may continue until such time as BP decides to terminate the Program. BP may terminate the program at any time. BP will provide notice of termination via the email address you supplied at the time of registration. Upon termination, your ability to earn additional Rewards terminates immediately, and you will have to use any available Rewards remaining in your account prior to their expiration pursuant to the above-referenced expiration of Rewards. After that date, any remaining Rewards will be forfeited without compensation.

Program Responsibility and Statement of Non-Reliance

BP makes no guarantees, warranties or representations of any kind concerning the Program. You release BP and its affiliates and partners from liability regarding any earning, redemption and use of Rewards, including any rewards that, after receipt, may be lost, stolen or destroyed. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation by BP that is not expressly stated in these Terms and Conditions.

Program Void

The Program is void where prohibited by federal, state or local law and in Alabama and California. These Program Rules set forth all the terms of the Program. BP has no other obligation with respect to the Program beyond those described in these Program Rules.

Account Information

To review your Rewards accumulation, redemption and expiration status, please visit www.BPDriverRewards.com and sign in to view your personal account information.

Last Updated: May 18, 2015

Synchrony BANK
RATES AND FEES TABLE
BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS AND BP® CREDIT CARD WITH DRIVER REWARDS

Interest Rates and Interest Charges
  BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS BP® CREDIT CARD WITH DRIVER REWARDS

Annual Percentage Rate (APR) for Purchases

26.99%
This APR will vary with the market based on the Prime Rate.
26.99%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
29.99%
This APR will vary with the market based on the Prime Rate.
29.99%
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying Interest on Purchases Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.
Minimum Interest Charge If you are charged interest, the charge will be no less than $2.00. If you are charged interest, the charge will be no less than $2.00.
For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore. To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.

Fees
Transaction Fees    
  • Cash Advance
Either $10 or 5% of the amount of each cash advance, whichever is greater. Either $10 or 5% of the amount of each cash advance, whichever is greater.
  • Foreign Transaction
3% of each transaction. Not Applicable
Penalty Fees    
  • Late Payment
Up to $38 Up to $38

How We Will Calculate Your Balance: We use a method called "daily balance".

For BP® Credit Card with Driver Rewards Accounts that are Approved for Cash Advances: Cash Advances are currently available only in the U.S. for accounts with credit limits of at least $500.

This card is issued by Synchrony Bank pursuant to a license from Visa USA Inc.

The information about the costs of the card described above is accurate as of March 1, 2015. This information may have changed after that date. To find out what may have changed, write to us at P.O. Box 965022, Orlando, FL 32896-5022. This application and the credit card agreement will be governed by federal law, and to the extent state law applies, the laws of Utah. Subject to the requirements and limitations of applicable law, we may change, add to or delete any of the terms of the agreement, including the interest rates, fees and charges and we will send you notice as required.

STATE NOTICES

CA Residents: If you are married, you may apply for a separate account.

NY Residents: A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, you will be informed whether a report was obtained, and if so, of the name and address of the consumer report agency. New York residents may contact the New York state department of financial services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York state department of financial services 1-877-226-5697, http://www.dfs.ny.gov/consumer/creditdebt.htm.

OH Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

WI Residents: No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965022, Orlando, FL 32896-5022.


Consent to Electronic Communications

By (i) submitting an application online or (ii) registering for online or mobile services for your Account, you hereby agree to the following and this will constitute your consent for us to send you electronic communications about your Account. When you successfully consent through the online or mobile site, you have successfully demonstrated that you are able to access information we have posted on such online or mobile site.

Categories of Communications. You consent to receive communications relating to your Account in electronic form. The communications covered by your consent may include, but are not limited to, (i) the initial disclosure statement or agreement governing your Account, (ii) any disclosure required by federal, state or local law, including disclosures under the federal Truth in Lending Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act, (iii) your billing statement, if you have signed up to receive electronic statements, (iv) letters, notices or alerts regarding your Account and any changes to your Account, (v) other disclosures, notices or communications in connection with the application for, the opening of, maintenance of or collection of your Account, and (vi) the debt cancellation agreement and other information relating to optional debt cancellation products you may select to purchase. These electronic communications may include your name and some information about your Account, including your balance or the due date; however, we will not include your full account number or social security number. Electronic communications may be reviewed by any party with access to your Account, the e-mail account you have provided to us for delivering these communications, or the hardware or software you use to view your Account information or your e-mail account.

How to Withdraw Your Consent. You may not apply online for an Account and you may not register your Account for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you wish to withdraw your consent to receive future electronic communications, you must un-enroll from each service you have elected to receive to completely withdraw your consent to receive electronic communications.

We will not impose any fee to process the withdrawal of your consent to electronic communications. However, you will not be able to receive your billing statements electronically if you do not consent to receive electronic communications or withdraw your consent. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request.

How to Update Your Records. You agree to promptly update your e-mail address if a change occurs by updating your information through the website listed on your billing statement or by calling customer service.

Hardware and Software Requirements. In order to access and retain electronic communications, you must have the following:

  • For personal computers:
    • Access to the Internet via dial-up, DSL, cable modem, wireless access protocol or equivalent
    • SSL-enabled web browser that supports JavaScript
    • Sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software

  • For mobile devices (phones, tablets, eReaders, or other mobile devices with Internet browsing capabilities):
    • Access to the Internet via dial-up, DSL, cable modem, wireless access protocol or equivalent
    • SSL-enabled web browser that supports HTML 5, JavaScript, and CSS3
    • Sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software

Paper Copies of Communications. Upon your request we will provide you with a paper copy of a communication that we provide you electronically. If you would like a paper copy of any material (other than your debt cancellation agreement), please write to us at: Synchrony Bank, P.O. Box 965022, Orlando, FL 32896-5022 or call us at the phone number listed on the back of your credit card or on your billing statement. If you would like a copy of your debt cancellation agreement, please write to us at: Card Security, P.O. Box 39, Roswell, GA 30077-0039. There will be no charge for a paper copy of any material we have sent you electronically.

Communications in Writing. All communications in either electronic or paper format from us to you will be considered "in writing." You should print or download a copy of this consent, the Account agreement, the debt cancellation agreement (if elected) and any other electronic communication that is important to you for your records.

Electronic Signatures. You acknowledge that by clicking on the "Submit" or similar button, you are indicating your intent to sign up for electronic communications and that this shall constitute your signature.

Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.

IMPORTANT TERMS FOR ELECTRONIC STATEMENTS

In addition to the above, if you have elected to receive electronic statements, the following information applies:

1. Statement Inserts. Any inserts that would be included with a statement sent by U.S. mail may also be sent to you electronically. If an insert contains legally required material, to ensure that you receive the necessary material, we may send you a paper copy of your statement in addition to making the statement available to you electronically. Any legally required insert that would not be available electronically will be sent to you by U.S. mail.

2. Payment Information. When you elect to stop paper statements, you must still pay at least your Minimum Payment and have it received by us by 5 p.m. (ET) on the Payment Due Date. You can do this through an electronic bill pay service (whether through this website or using a third party servicer or bank) or by mailing your payment to us at the address shown on the electronic statement. Please note, if you do not pay us electronically, the crediting of your payment may be delayed by up to five days after receipt.

3. Returned E-mails. If e-mails advising you of the availability of statements are returned to us, we may cancel your enrollment for electronic statements and resume sending you paper statements in the mail. If this happens, you will need to re-enroll to receive electronic statements with updated information.

4. SPAM Filters. We will make every effort to ensure our e-mail notifications are properly listed with all SPAM filter agencies. However, you are responsible for ensuring that any SPAM filters recognize e-mail originating from us. If you fail to receive e-mail notifications from us after enrolling for electronic statements, please check with the provider of your e-mail account and/or the SPAM filter associated with your e-mail account.

5. Account Delinquency. We reserve the right, at any time and without notice, to stop providing you with electronic statements and provide you with paper statements, if your account is not maintained in good standing.

6. Cancellation. We reserve the right, at any time, to stop providing you electronic statements and provide you with paper statements. If we do so, we will provide you with prior notice, except in the case of account delinquency. Reasons for cancellation include, but are not limited to, not viewing your last three electronic statements.

Definitions used in this consent:

  • "You" and "your" mean the primary applicant or accountholder;
  • "We", "us" and "our" mean Synchrony Bank;
  • "Account" means your BP® Visa® Credit Card with Driver Rewards Account, BP® Visa® Signature Credit Card with Driver Rewards Account, or BP® Credit Card with Driver Rewards Account; and
  • "Billing Statement" means the billing statement for your Account.

All other terms used in this consent shall have the meanings given to them in the Account agreement.



SECTIONS II AND III OF THE BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

SECTION II: RATES, FEES AND PAYMENT INFORMATION
BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

How Interest Is Calculated
Your Interest Rate We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

The following rates apply to purchases and cash advances. If approved, the Annual Percentage Rates (APRs) applicable to your account will be provided in a table at the beginning of your Agreement. Your APRs will also be shown on your billing statement.

The APR for purchases is the prime rate plus 23.74%. As of March 1, 2015 the daily rate for purchases was .07395% (APR 26.99%).

The APR for cash advances is the prime rate plus 26.74%. As of March 1, 2015 the daily rate for cash advances was .08217% (APR 29.99%).

Daily Rates May Vary. The APRs and the daily rates on your account vary with the market based on the prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rates and APRs will increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is not available.
When We Charge Interest Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.
  • We will not charge you interest during a billing cycle on any purchases if:
    1. You had no balance at the start of the billing cycle; OR
    2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
    1. You had no balance at the start of the previous billing cycle; OR
    2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.
Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.

How We Calculate Interest

We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases, cash advances and balances subject to different interest rates, plans or special promotions. See below for how this works.
  1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.

    We apply fees to balance types as follows:
    1. late payment fees are treated as new purchases;
    2. debt cancellation fees are added proportionately to each balance;
    3. cash advance fees are added to the cash advance balance; and
    4. foreign transaction fees are added to the purchase balance.
  2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.
  3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1.
  4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle.
We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type.

How Fees Work
Cash Advance Fee We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any fee the ATM owner may charge you for use of the ATM.
Foreign Transaction Fee We will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or in a country other than the U.S., whether or not the transaction was in a foreign currency.

If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. ("Visa") will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate that is in effect on the central processing date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the rate you could have gotten if you had converted U.S. dollars into the foreign currency.
Late Payment Fee We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to:
  1. $27, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.
OR
  1. $38, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles.
The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.

The greater of:

  1. $25, or $35 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles.
  2. OR
  3. The sum of:
    1. Any past due amounts; PLUS
    2. 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation); PLUS
    3. Any late payment fees charged in the current billing cycle; PLUS
    4. All interest charged in the current billing cycle; PLUS
    5. Any payment due in connection with a special promotional purchase with a unique payment calculation.
We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased, but may be included in the $25 or $35 minimum amount otherwise due on your account.


SECTION III: STANDARD PROVISIONS
BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your". Synchrony Bank may be referred to as "we", "us" or "our".

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from BP locations in the United States and from any merchant that accepts Visa credit cards. You may get cash advances as further explained below. You may not use your account to pay amounts you owe us on this account or any other account you have with us.

Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, traveler’s checks, electronic or wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions.

Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also may decline any particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in either limit.

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU

Using And Sharing Your Information. When you applied for an account, you gave us and BP Products North America Inc. information about yourself that we could share with each other. BP Products North America Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account.

Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our records until we update our records with your new address or phone number.

Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees.

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024, Orlando, FL 32896-5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations.

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-844-887-1945 for BP® Visa® Credit Card with Driver Rewards and 1-844-832-0030 BP® Visa® Signature Credit Card with Driver Rewards. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

Transactions Processed On The Visa Network. Transactions made using your credit card at a BP location are processed by Synchrony Bank and are not processed on the Visa network. As a result, these transactions are not eligible for certain benefits that apply to transactions processed over the Visa network. For example, transactions at a BP location do not count as eligible transactions for promotions that are sponsored by Visa, such as "Visa Extras". Your account is protected against unauthorized use as provided in this Agreement. In addition, Visa's Zero Liability policy applies to all transactions not made at a BP location.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

  • What claims are subject to arbitration
    1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or BP Products North America Inc. if it relates to your account, except as noted below.
    2. We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.
    3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
  • No Class Actions

    YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

    If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.
  • How to start an arbitration, and the arbitration process
    1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.
    2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.
    3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator's rules conflict with this Agreement, this Agreement will control.
    4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.
  • Governing Law for Arbitration

    This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award.
  • How to reject this section

    You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.


SECTIONS II AND III OF THE BP® CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

SECTION II: RATES, FEES AND PAYMENT INFORMATION
BP® CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

How Interest Is Calculated
Your Interest Rate We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

The following rates apply to purchases and cash advances. If approved, the Annual Percentage Rates (APRs) applicable to your account will be provided in a table at the beginning of your Agreement. Your APRs will also be shown on your billing statement.

The APR for purchases is the prime rate plus 23.74%. As of March 1, 2015 the daily rate for purchases was .07395% (APR 26.99%).

The APR for cash advances is the prime rate plus 26.74%. As of March 1, 2015 the daily rate for cash advances was .08217% (APR 29.99%).

Daily Rates May Vary. The APR and the daily rate on your account vary with the market based on the prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rate and APR will increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is not available.
When We Charge Interest Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.
  • We will not charge you interest during a billing cycle on any purchases if:
    1. You had no balance at the start of the billing cycle; OR
    2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
    1. You had no balance at the start of the previous billing cycle; OR
    2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.
Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.
How We Calculate Interest We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and balances subject to different interest rates, plans or special promotions. See below for how this works.
  1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.
    We apply fees to balance types as follows:
    (a) late payment fees are treated as new purchases;
    (b) debt cancellation fees are added proportionately to each balance; and
    (c) cash advance fees are added to the cash advance balance.
  2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.
  3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1.
  4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle.
We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type.

How Fees Work
Cash Advance Fee We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any fee the ATM owner may charge you for use of the ATM.
Late Payment Fee We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to:
  1. $27, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.
OR
  1. $38, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles.
The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.

The greater of:

    1. $25, or $35 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles.
    2. OR
    3. The sum of:
      1. Any past due amounts; PLUS
      2. 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation); PLUS
      3. Any late payment fees charged in the current billing cycle; PLUS
      4. All interest charged in the current billing cycle; PLUS
      5. Any payment due in connection with a special promotional purchase with a unique payment calculation.

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased, but may be included in the $25 or $35 minimum amount otherwise due on your account.



SECTION III: STANDARD PROVISIONS
BP® CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your". Synchrony Bank may be referred to as "we", "us" or "our".

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from BP locations in the United States.

Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, traveler’s checks, electronic or wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions.

Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may decline any particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU

Using And Sharing Your Information. When you applied for an account, you gave us and BP Products North America Inc. information about yourself that we could share with each other. BP Products North America Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account.

Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our records until we update our records with your new address or phone number.

Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees.

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024, Orlando, FL 32896-5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations.

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-844-832-0035. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

  • What claims are subject to arbitration
    1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or BP Products North America Inc. if it relates to your account, except as noted below.
    2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.
    3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
  • No Class Actions

    YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

    If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.
  • How to start an arbitration, and the arbitration process
    1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.
    2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.
    3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator's rules conflict with this Agreement, this Agreement will control.
    4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.
  • Governing Law for Arbitration

    This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award.
  • How to reject this section

    You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.


SECTION IV: OTHER IMPORTANT INFORMATION OF
BP® VISA® CREDIT CARD WITH DRIVER REWARDS AND BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS AND BP® CREDIT CARD WITH DRIVER REWARDS ACCOUNT AGREEMENT

STATE NOTICES

NEW JERSEY RESIDENTS: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

NEW YORK RESIDENTS: This Agreement will not become effective unless and until you or an authorized user signs a sales slip or memorandum evidencing a purchase or lease of property or services or the payment of a fine by use of your credit card and prior thereto you will not be responsible for any purchase or lease of property or services by use of your credit card after its loss or theft.

TENNESSEE RESIDENTS: This Agreement will not become effective unless and until we have (1) provided the disclosures required pursuant to the federal Truth in Lending Act, (2) you or an authorized user uses the account, and (3) we extend credit to you for that transaction on your account.

WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965022, Orlando, FL 32896-5022.

Your signature on the application or sales slip (or online screen) for the initial purchase approved on this account represents your signature on this Agreement. It is incorporated herein by reference.

We have signed this Agreement as follows:

Margaret Keane
Chairman and CEO
Synchrony Bank


YOUR BILLING RIGHTS SUMMARY

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:

Synchrony Bank
P.O. Box 965023
Orlando, FL 32896-5023

In your letter, 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. 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:

  1. 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.
  2. 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:

  • We cannot try to collect the amount in question, or report 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 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:

  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 are 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.)
  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.
  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:

Synchrony Bank
P.O. Box 965023
Orlando, FL 32896-5023

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.

BP® VISA® CREDIT CARD WITH DRIVER REWARDS
AND
BP® VISA® SIGNATURE CREDIT CARD WITH DRIVER REWARDS
(Each a "BP Visa Credit Card")

REWARDS PROGRAM TERMS

 

By participating in the BP Visa Credit Card Rewards Program (the "Rewards Program"), you hereby agree to be bound by these Terms. These Terms apply to earning and redeeming cents off per gallon rewards ("Rewards") under the Rewards Program.

How Cents Off Per Gallon Rewards Work

Rewards are earned on net purchases (less credits, returns and adjustments) charged to your BP Visa Credit Card account ("Card Account") issued by Synchrony Bank, except you will not earn Rewards on purchases made at non-BP gas stations. Rewards are not earned on cash advances. Within 24-48 hours of being earned, your Rewards will be displayed at the pump at a participating BP Location when you swipe your BP Visa Credit Card. You may also see your Rewards by logging on to the BP Visa Credit Card e-service site or by calling 1-844-887-1945 for the BP Visa Credit Card or 1-844-832-0030 for the BP Visa Signature Credit Card. You can choose to redeem your Rewards at the pump at a participating BP Location or for a statement credit on your Card Account. You will not be able to redeem Rewards at pumps located in Alabama.

You will earn Rewards incrementally on every cent you spend on qualifying purchases as further described herein.

  1. Net Purchases made at BP Locations: You will earn Rewards at the rate of $0.0025 off per gallon for each $1.00 in net purchases you make using your BP Visa Credit Card at BP Locations. This equates to $0.25 (twenty-five cents) off per gallon in Rewards for each $100 spent on such purchases.

  2. Net travel, dining and grocery purchases: You will also earn Rewards at the rate of $0.0015 off per gallon for each $1.00 in net purchases you make using your BP Visa Credit Card on designated travel, dining and grocery purchases. This equates to a $0.15 (fifteen cents) off per gallon in Rewards for each $100 spent on such purchases. Eligible travel, dining and grocery purchases are determined by the merchant category code ("MCC") associated with the purchase. An MCC is a four-digit classification code that is assigned to a merchant by the merchant’s payment card network or merchant processor based on the predominant business activity of the merchant. The merchant’s MCC will determine whether a purchase qualifies as a travel, restaurant or grocery purchase. Neither BP nor Synchrony Bank assigns or has responsibility for the assignment of MCCs or evaluates what MCC is assigned to a particular merchant or purchase. Synchrony Bank reserves the right to determine, from time to time, which MCCs qualify for this category of Rewards. Generally, eligible travel purchases are, those purchases made at airlines, car rental companies, hotels, passenger rail companies, bus lines, cruise lines, timeshares, travel agencies and tour operators. Eligible dining purchases are, generally, purchases made at restaurants, drinking places, fast food establishments and caterers. Eligible grocery purchases are, generally, those made at merchants primarily engaged in food and grocery sales.

  3. All other net purchases made using your BP Visa Credit Card: You will earn Rewards at the rate of $0.0005 off per gallon for each $1.00 in net purchases (except for purchases made at non-BP gas stations) you make using your BP Visa Credit Card everywhere else the Visa credit card is accepted. This equates to $0.05 (five cents) in Rewards for each $100 spent on such purchases.

Rewards cannot be redeemed until you have earned at least $0.01 (1 cent) off per gallon in Rewards. There is no maximum amount of Rewards that you can accumulate in the Rewards Program, subject to the expiration of Rewards described below.

When you swipe your BP Visa Credit Card at the pump at a participating BP Location, the price per gallon displayed on the dispenser will be reduced by the total amount of your earned Rewards in one-cent increments to a minimum of $0.109 (10.9 cents). This means that the dispenser will never reduce the displayed price per gallon to zero and will always display a price per gallon of at least $0.109 (10.9 cents). If you have more Rewards than are required to reduce the price per gallon to 10.9 cents, any remaining Rewards will automatically be rolled over for future use.

After you swipe your BP Visa Credit Card at a participating BP Location, you can choose to redeem your Rewards and take advantage of the reduced price per gallon or choose to use your Rewards at a later time. Rewards may be redeemed in a one-time fill at the pump up to a maximum of 20 gallons. Any unused rewards on each purchase are forfeited. This Rewards Program may not be valid with other offers and the Rewards earned under this Rewards Program are specifically intended to replace, and not be in addition to, the rewards that may be earned under the BP Driver Rewards non-credit card program. Rewards may be redeemed only at participating locations with operable electronic transaction networks. Rewards expire one year after the end of the month in which they are earned and will be forfeited automatically if not used. Please note: Rewards cannot be redeemed at BP branded locations in Alabama.

From time to time, there may be promotional offers for the Rewards Program which will be defined by the separate terms of that promotion.

Option to Redeem Rewards via Statement Credit

You can choose to redeem your Rewards in the form of a statement credit on your Card Account. If you choose this option, the total amount of your earned Rewards will be multiplied by 15 and the product will be applied as a credit to your Card Account. For example, if you have earned $0.10 (ten cents) off per gallon in Rewards, you can choose to have $1.50 applied as a credit. You may make this choice by logging on to the BP Visa Credit Card e-service site or by calling 1-844-887-1945 for the BP Visa Credit Card or 1-844-832-0030 for the BP Visa Signature Credit Card. Although Rewards cannot be redeemed at BP Locations in Alabama, Rewards can be redeemed at participating BP Locations in other states or as a statement credit.

Earn Cents Off Per Gallon Rewards in Accordance with these Terms

Rewards are not transferable. Rewards are not "gifts" and are not intended for gift-giving purposes. We have the right to monitor all Rewards activity and reserve the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with this Program. Your ability to earn and redeem Rewards will be suspended if use of your Card Account is suspended. Any Rewards that you have earned will be forfeited if your Card Account is closed whether by you or Synchrony Bank. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your account.

Right to Change/Modify/Cancel


We may cancel, modify, restrict, waive or terminate any portion of the Rewards Program, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. The most current version of the terms for the Rewards Program will be available at mybpstation.com/cards and will supersede all previous versions of these Rewards Program terms.


BP® CREDIT CARD WITH DRIVER REWARDS (the "BP Credit Card")

REWARDS PROGRAM TERMS

 

By participating in the BP Credit Card Rewards Program (the "Rewards Program"), you hereby agree to be bound by these Terms. These Terms apply to earning and redeeming cents off per gallon rewards ("Rewards") under the Rewards Program.

How Cents Off Per Gallon Rewards Work


Rewards are earned on net purchases (less credits, returns and adjustments) made at BP branded locations in the United States ("BP Locations") and charged to your BP Credit Card account ("Card Account") issued by Synchrony Bank. Rewards are not earned on cash advances. Within 24-48 hours of being earned, your Rewards will be displayed at the pump at a participating BP Location when you swipe your BP Credit Card. You may also see your Rewards by logging on to the BP Credit Card e-service site or by calling 1-844-832-0035. You can choose to redeem your Rewards at the pump at a participating BP Location or for a statement credit on your Card Account. You will not be able to redeem Rewards at pumps located in Alabama.

You will earn Rewards incrementally on every cent you spend on qualifying purchases as further described herein. For example, you will earn Rewards at the rate of $0.001 off per gallon for each $1.00 in net purchases you make using your BP Credit Card at BP Locations. This equates to $0.10 (ten cents) off per gallon in Rewards for each $100 spent on such purchases. Rewards cannot be redeemed until you have earned at least $0.01 (1 cent) off per gallon in Rewards. There is no maximum amount of Rewards that you can accumulate in the Rewards Program, subject to the expiration of Rewards described below.

When you swipe your BP Credit Card at the pump at a participating BP Location, the price per gallon displayed on the dispenser will be reduced by the total amount of your earned Rewards in one-cent increments to a minimum of $0.109 (10.9 cents). This means that the dispenser will never reduce the displayed price per gallon to zero and will always display a price per gallon of at least $0.109 (10.9 cents). If you have more Rewards than are required to reduce the price per gallon to 10.9 cents, any remaining Rewards will automatically be rolled over for future use.

After you swipe your BP Credit Card at a participating BP Location, you can choose to redeem your Rewards and take advantage of the reduced price per gallon or choose to use your Rewards at a later time. Rewards may be redeemed in a one-time fill at the pump up to a maximum of 20 gallons. Any unused rewards on each purchase are forfeited. This Rewards Program may not be valid with other offers and the Rewards earned under this Rewards Program are specifically intended to replace, and not be in addition to, the rewards that may be earned under the BP Driver Rewards non-credit card program. Rewards may be redeemed only at participating locations with operable electronic transaction networks. Rewards expire one year after the end of the month in which they are earned and will be forfeited automatically if not used. Please note: Rewards cannot be redeemed at BP branded locations in Alabama.

From time to time, there may be promotional offers for the Rewards Program which will be defined by the separate terms of that promotion.

Option to Redeem Rewards via Statement Credit


You can choose to redeem your Rewards in the form of a statement credit on your Card Account. If you choose this option, the total amount of your earned Rewards will be multiplied by 15 and the product will be applied as a credit to your Card Account. For example, if you have earned $0.10 (ten cents) off per gallon in Rewards, you can choose to have $1.50 applied as a credit. You may make this choice by logging on to the BP Credit Card e-service site or by calling 1-844-832-0035. Although Rewards cannot be redeemed at BP Locations in Alabama, Rewards can be redeemed at participating BP Locations in other states or as a statement credit.

Earn Cents Off Per Gallon Rewards in Accordance with these Terms


Rewards are not transferable. Rewards are not "gifts" and are not intended for gift-giving purposes. We have the right to monitor all Rewards activity and reserve the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with this Program. Your ability to earn and redeem Rewards will be suspended if use of your Card Account is suspended. Any Rewards that you have earned will be forfeited if your Card Account is closed whether by you or Synchrony Bank. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your account.

Right to Change/Modify/Cancel

We may cancel, modify, restrict, waive or terminate any portion of the Rewards Program, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. The most current version of the terms for the Rewards Program will be available at mybpstation.com/cards and will supersede all previous versions of these Rewards Program terms.

 

PRIVACY POLICY

Rev. 5/15
FACTS WHAT DOES SYNCHRONY BANK
DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number and income
  • Account balances and payment history
  • Credit history and credit scores
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Synchrony Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information Does Synchrony Bank share? Can you limit this sharing?
For our everyday business purposes—
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes—
to offer our products and services to you
Yes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes—
information about your transactions and experiences
Yes No
For our affiliates' everyday business purposes—
information about your creditworthiness
Yes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes   Yes*

To limit
our sharing
  • Call 1-844-832-0032 for BP® Visa® Credit Card with Driver Rewards and BP® Visa® Signature Credit Card with Driver Rewards and 1-844-887-1939 for BP® Credit Card with Driver Rewards—our menu will prompt you through your choice(s)
Please note:

If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice.

However, you can contact us at any time to limit our sharing.
Questions? Call 1-844-887-1945 for BP® Visa® Credit Card with Driver Rewards
Call 1-844-832-0030 for BP® Visa® Signature Credit Card with Driver Rewards
Call 1-844-832-0035 for BP® Credit Card with Driver Rewards


Page 2  
What we do
How does Synchrony Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Synchrony Bank collect my personal information? We collect your personal information, for example, when you
  • open an account or give us your contact information
  • provide account information or pay your bills
  • use your credit card
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only
  • sharing for affiliates' everyday business purposes—information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I hold jointly with someone else?
Your choices will apply to everyone on your account.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • Our affiliates include Synchrony Financial and its subsidiaries, including Retail Finance Credit Services, LLC and companies with a GE, General Electric or Monogram name; financial companies such as General Electric Capital Corporation and Monogram Credit Services; and nonfinancial companies, such as General Electric Company.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • Nonaffiliates we share with can include the retailer named on your account and direct marketing companies.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
  • Our joint marketing partners include insurance companies.
Other important information
We follow state law if state law provides you with additional privacy protections. For instance, if (and while) your billing address is in Vermont, we will treat your account as if you had exercised the opt-out choice described above and you do not need to contact us to opt out. If you move from Vermont and you wish to restrict us from sharing information about you as provided in this notice, you must then contact us to exercise your opt-out choice.

*Please keep in mind that, as permitted by federal law, if you opt out of sharing with nonaffiliates, your opt-out will not prohibit us from sharing your information with BP Products North America Inc. (and its affiliates) in connection with maintaining and servicing the BP® Visa® Credit Card with Driver Rewards and BP® Visa® Signature Credit Card with Driver Rewards and BP® Credit Card with Driver Rewards programs, including marketing of such programs.

The above notice applies only to consumer BP® Visa® Credit Card with Driver Rewards and BP® Visa® Signature Credit Card with Driver Rewards and BP® Credit Card with Driver Rewards Accounts with Synchrony Bank and does not apply to any other accounts you have with us. It replaces our previous privacy notice disclosures to you. We can change our privacy policy at any time and will let you know if we do if/as required by applicable law.

For helpful information about identity theft, visit the Federal Trade Commission's (FTC) consumer website at http://www.ftc.gov/idtheft.

BP
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