b"CARDHOLDER AGREEMENT\nThis cardholder agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d) is for your Account with\nCommerce Bank, and the Card(s) which has/have been given to you in\nconnection with your Account. Such Account and Card(s) provide you\nwith credit card services and ATM Services. \xe2\x80\x9cYou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean any\napplicant for the Account and any person using the Account and/or\nrelated Card(s) with the expressed or implied permission of any of the\napplicants. Any person whose name appears on the Account for the\nCard(s) accompanying this Agreement consents, either by using or\npermitting another to use the Card(s), to all provisions of this Agreement.\n\xe2\x80\x9cWe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d means Commerce Bank, our successors and\nassigns.\n\nINSTALLMENT PLAN\nInstallment Plans may be available for eligible Accounts to initiate and\ncan be used for qualifying transaction(s) only; and not for a Cash\nAdvance, Balance Transfer, or any Fee owed to us. When selecting an\nInstallment Plan, the qualifying transaction(s) will be moved to an\nInstallment Plan balance and may be subject to an Installment Plan Fee\ninstead of the periodic interest rate. If you do not pay your entire\nInstallment Plan balance in the pre-selected amount of billing cycles, any\nremaining balance will be transferred to your applicable Purchase or\nConvenience Check balance and your respective periodic interest rate\napplied.\n\nThis Agreement contains an arbitration provision, a class action\nwaiver, and a jury trial waiver. Please read the entire section titled\n\xe2\x80\x9cDISPUTE RESOLUTION - ARBITRATION\xe2\x80\x9d and the section titled\n\xe2\x80\x9cDISPUTE RESOLUTION \xe2\x80\x93 JURY TRIAL WAIVER.\xe2\x80\x9d\n\nWe may limit the number of active Installment Plans you can have at one\ntime and reserve the right to change this number at any time. Installment\nPlans cannot be cancelled after they have been set up, but you can\nchoose to pay the Installment Plan early by paying the new balance,\nshown on your most recent Statement, in full. If you pay an Installment\nPlan off early, you will not incur any future Installment Plan Fees for that\nInstallment Plan.\n\nIn this Agreement:\nAccount is your credit card account.\nAnnual Fee is a fee charged on a yearly basis for your continued use of\nthe Account.\nAPR is Annual Percentage Rate.\nATM is Automated Teller Machine.\nBalance Transfer is an advance made when transferring a balance from\nanother creditor to your Account.\nBusiness Days are Monday through Friday. Federal holidays are not\nincluded.\nCard is the credit card(s) given to you in connection with your Account.\nCash Advance includes:\n\xe2\x80\xa2 Non-Overdraft Cash Advance is an advance made by means of\nan electronic device or machine, or a financial institution teller, or for\nthe purchase of wire transfers, non-U.S. currency, travelers\xe2\x80\x99 checks,\nmoney orders, lottery tickets and casino gaming chips.\n\xe2\x80\xa2 Overdraft Cash Advance is an advance made by means of\noverdraft protection.\nCash Limit is the maximum dollar amount of your Credit Line, as defined\nherein, available for Cash Advances.\nCharges are costs imposed as part of this Agreement and include both\ninterest and fees.\nConvenience Check is a check provided to you to access credit from\nyour Account.\nDaily Balance is determined, for each day in the billing cycle, by taking\nthe beginning balance, adding any new transactions or other debits\n(excluding any active Installment Plans), and subtracting any payments\nor other credits.\nDaily Periodic Rate is the APR divided by 365.\nFees are non-Interest Charges, including transaction fees.\nGrace Period means the period of time during the billing cycle when you\nwill not accrue Interest Charges on certain transactions or balances.\nInstallment Plan is a feature that can be used to make fixed monthly\npayments over a pre-selected number of billings cycles for qualifying\ntransaction(s).\nInstallment Plan Fee is a fee charged on a monthly basis on all active\nInstallment Plans.\nInterest Charges are the portion of Charges attributed to periodic\ninterest rates.\nPIN is Personal Identification Number.\nPrime Rate is the U.S. Prime Rate published in The Wall Street Journal\nin its column called \xe2\x80\x9cMoney Rates\xe2\x80\x9d on the last Business Day of each\nmonth.\nPromotional Balance is the balance subject to the Promotional Rate.\nBalances subject to Introductory Rates are included.\nPromotional Rate is a rate other than the standard rate, tied to a special\noffering. A Promotional Rate offered when you open your Account may\nbe called an Introductory Rate.\nPurchase means purchase of merchandise or services on the Account\nplus related Charges and does not include any Balance Transfer,\nConvenience Check, Cash Advance, Installment Plan and related Fees\nor Interest Charges.\nStatement is your billing statement.\nCREDIT CARD SERVICES\nThe following provisions relate only to credit card services except as\notherwise applicable.\nACCOUNT DESCRIPTION\nWe will grant you a line of credit with a maximum dollar limit (\xe2\x80\x9cCredit\nLimit\xe2\x80\x9d) and may designate a Cash Limit as determined by us. These\nlimits will be indicated on your Statement.\nSubject to the terms of this Agreement, you may use your Account to\nmake Purchases and obtain Balance Transfers, Convenience Checks,\nInstallment Plans and Cash Advances that do not exceed your Credit\nLimit and/or Cash Limit at any time. Should your Purchases, Balance\nTransfers, Convenience Checks, Installment Plans and/or Cash\nAdvances ever exceed your Credit Limit and/or Cash Limit, we reserve\nthe right to terminate this Agreement and demand the return of your\nCard(s). We can increase or decrease your Credit Limit and/or Cash\nLimit at any time without prior notice or liability. A change to your Credit\nLimit and/or Cash Limit will not affect your obligation to pay us.\nWe may decline, at any time in our sole discretion, an authorization\nrequest for any transaction for any reason, included but not limited to:\n\xe2\x80\xa2 operational considerations,\n\xe2\x80\xa2 your Account is in default,\n\xe2\x80\xa2 we suspect fraudulent or unlawful activity\nWe are not responsible for any losses or damages, including\nconsequential damages, if a transaction on your Account is declined,\neither by us or a third party, even if you have sufficient credit available.\n\n1\n\nIn the event you return items from an Installment Plan, we will choose\nhow to apply the credit to your existing Account balances, including\nwhether to apply a credit to an Installment Plan balance or a different\nbalance.\nPROMISE TO PAY\nYou promise to pay for all Purchases, Balance Transfers, Convenience\nChecks, Installment Plans and Cash Advances made by you through the\nuse of the Account. In addition, you promise to pay all other amounts\nowed due to use of the Account by anyone else you authorize to use the\nAccount until such person\xe2\x80\x99s authority is ended. You may only end such\nperson\xe2\x80\x99s authority by notifying us in writing and returning to us any Card\nsuch person may have. All of you are responsible, both together and\nindividually, for the entire Account balance even though only one of you\nuses the Account.\nBILLING STATEMENTS\nYou will receive a Statement periodically (normally monthly). Your\npayment is due within 25 days from the date of the Statement (payment\ndue date).\nPAYMENT OPTIONS\nYou may pay the new balance shown on your Statement each month or\nyou may pay in monthly installments. If you decide to pay in monthly\ninstallments, you must pay at least the minimum payment on your\nStatement. The minimum payment will include the sum of all active\nInstallment Plan payments due, plus the greater of:\n\xe2\x80\xa2\n$30.00 or the full amount of your total balance (excluding any active\nInstallment Plan balances) if it is less than $30.00; or\n1.00% of your new balance (excluding any active Installment Plan\nbalances) plus any amounts that are past due, plus Fees (excluding\nBalance Transfer and/or Convenience Check Fees) and Interest\nCharges accumulated during the billing period.\nWhen a payment is posted to your Account, we reserve the right to\nrestrict or delay all or part of the available credit created by the payment.\nThe restriction or delay of the available credit is for risk management or\nother related purposes, including but not limited to protection against\nactual or potential fraudulent activities or unauthorized transactions.\nOVERDRAFT PROTECTION\nIf you select overdraft protection, a Cash Advance will be made to cover\nan overdraft in your designated Commerce Bank deposit account. Such\nOverdraft Cash Advances will be in the amount of $50.00 or multiples of\n$50.00. If the designated deposit account is a joint account, you will be\nliable for all overdrafts on the account regardless of which joint account\nowner caused, or benefited from the overdraft. Each Overdraft Cash\nAdvance is at our discretion. We may permit or refuse to permit any\nOverdraft Cash Advance that would cause you to exceed the Cash Limit\non your Account. We are not liable or responsible for any check drawn\nthat may for any reason be returned or otherwise dishonored. We may\ncancel this overdraft feature at any time without notice.\nBALANCE ON WHICH INTEREST CHARGES ARE CALCULATED\nIf you accrue any Interest Charges on your Account at a variable rate,\nthat rate will be calculated by adding a margin to the Prime Rate. Please\nsee the ACCOUNT OPENING DISCLOSURE, which is part of this\nAgreement, for specific information regarding the APRs used to\ncompute your Interest Charges.\nWe calculate your Daily Balance for each day in the billing cycle by\ntaking your beginning balance, adding any new transactions (excluding\nany active Installment Plans) or other debits, and subtracting any\npayments (excluding payments toward any active Installment Plan) or\nother credits. We multiply the Daily Balance by the Daily Periodic Rate to\nget your Interest Charges for that day. We add these Interest Charges to\nyour Daily Balance to get the beginning balance for the next day. We do\nthis for all days on which you have a balance owing on the Account,\ndisregarding any credit balance, for the billing cycle.\nWe add all the daily Interest Charges and round the sum to the next\nhighest cent to get your total Interest Charges for that billing cycle. We\ndo this calculation separately for each type of balance.\nThe Prime Rate used to determine the APR on your Account is the U.S.\nPrime Rate published in The Wall Street Journal in its column called\n\xe2\x80\x9cMoney Rates\xe2\x80\x9d on the last Business Day of each month. Although each\nDaily Periodic Rate is determined by an index published prior to the first\nday of each calendar month, the respective Daily Periodic Rate will only\nbecome effective and charged as of the first day of the monthly billing\n\n\x0cperiod following the respective calendar month in which the index is so\npublished. No representation is made that the U.S. Prime Rate is the\nlowest, the best or the favored rate of interest. If for any reason The Wall\nStreet Journal no longer publishes the \xe2\x80\x9cMoney Rates\xe2\x80\x9d column, then we\nwill choose a new index based on comparable information. An increase\nin the Prime Rate will cause your interest rate to increase and may cause\nyour minimum monthly payment to increase.\nINTEREST CHARGE COMPUTATION\n\xe2\x80\xa2\nON PURCHASES: Interest Charges begin to accrue on the\ntransaction date, provided such date will never be later than the\ndate the Purchase is posted to the Account or earlier than the first\nday of the billing cycle for the Statement on which such transaction\nis shown. Purchases are subject to a Grace Period. If the previous\nbalance is zero or was paid in full by the payment due date shown\non your Statement, no Interest Charge will be assessed on current\nPurchases.\n\xe2\x80\xa2\nON BALANCE TRANSFERS OR CONVENIENCE CHECKS:\nExcept for Convenience Checks associated with Installment Plans,\nInterest Charges begin to accrue on the date of the Balance\nTransfer or Convenience Check, provided such date will never be\nlater than the date the Balance Transfer or Convenience Check is\nposted to the Account or earlier than the first day of the billing cycle\nfor the Statement on which such transfer or check is shown.\n\xe2\x80\xa2\nON CASH ADVANCES: Interest Charges begin to accrue on the\ndate of the Cash Advance, provided such date will never be later\nthan the date the Cash Advance is posted to the Account or earlier\nthan the first day of the billing cycle for the Statement on which such\nadvance is shown.\n\xe2\x80\xa2\nON INSTALLMENT PLANS: No Interest Charges are applied to\nactive Installment Plans.\nTOTAL INTEREST CHARGE COMPUTATION\nWe add Interest Charges for each type of balance (excluding active\nInstallment Plans) to obtain your total Interest Charge for each billing\ncycle.\nPENALTY RATE AND WHEN IT APPLIES\nIf at any time we have not received the required minimum monthly\npayment within 60 days of the respective payment due date, we may\nincrease the applicable APR to a penalty APR (\xe2\x80\x9cPenalty Rate\xe2\x80\x9d). Please\nsee the ACCOUNT OPENING DISCLOSURE for information\nregarding the Penalty Rate for your Account. The Account may be\neligible for your standard Daily Periodic Rates and corresponding APR\nfor each type of balance after you have met the terms of this Agreement\nfor six consecutive billing cycles after the monthly Statement on which\nthe Penalty APR first appears. Otherwise, the Penalty Rate may apply\nindefinitely.\nTERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES\nIf, during an Introductory or Promotional Rate period, we have not\nreceived the required minimum monthly payment within 60 days of the\nrespective payment due date, we will increase the applicable APR to the\nPenalty APR. Introductory and/or Promotional Rates will not be\nreinstated.\nTERMINATION OF INSTALLMENT PLAN\nIf, during a period when an active Installment Plan is associated with the\nAccount, we have not received the required minimum monthly payment\nwithin 60 days of the respective payment due date, we will cancel the\nInstallment Plan and will apply the Penalty APR. The Installment Plan\ncannot be reinstated or recreated.\nFEES\nTransaction, Annual and Penalty Fees:\nPlease see the ACCOUNT OPENING DISCLOSURE for information\nregarding the specific Fees that may be charged to your Account. Your\nInstallment Plan Fee will be displayed at the point of purchase as part of\nyour purchase confirmation or Convenience Check offer.\nMinimum Interest Charge\nA minimum Interest Charge will be imposed in any billing cycle for which\nan Interest Charge is payable and will appear on your Statement as a\nFee.\nBalance Transfer Or Convenience Check Transaction Fee\nYou will be charged a transaction Fee, with a minimum and no\nmaximum, for each Balance Transfer and/or Convenience Check posted\nto your Account.\nNon Overdraft Cash Advance Transaction Fee\nYou will be charged a transaction Fee, with a minimum and no\nmaximum, for each Cash Advance posted to your Account.\nOverdraft Cash Advance Transaction Fee\nYou will be charged a transaction Fee for each Cash Advance resulting\nfrom the overdraft protection.\nInstallment Plan Fee\nYou may be charged an Installment Plan Fee for each Installment Plan.\nEach Installment Plan Fee will be disclosed prior to establishing the\nInstallment Plan and charged monthly throughout the Installment Plan\nduration. The Installment Plan Fee will appear on your Statement.\nAnnual Fee\nYour Account may have an Annual Fee that will be added annually to\nyour Account. Please see the ACCOUNT OPENING DISCLOSURE for\ninformation regarding the specific fee, if any, for your Account.\nThe imposition or payment of an Annual Fee does not affect or limit our\nright to terminate this Agreement, cancel your Account, and demand\npayment, in a manner permitted by law, of any amounts owed on your\nAccount.\n2\n\nForeign Transactions\nPlease see the ACCOUNT OPENING DISCLOSURE for information\nregarding the specific Fees that may be charged to your Account related\nto foreign transaction.\nVisa and Mastercard Purchases, cash withdrawals and Cash Advances\nmade in currencies other than U.S. Dollars will be converted to U.S.\nDollars under regulations established by VISA\xc2\xae International and\nMastercard\xc2\xae International. Visa conversion will be at a rate selected by\nVisa from the range of rates available in wholesale currency markets for\nthe applicable central processing date, which may vary from the rate\nVisa itself receives or the government-mandated rate in effect for the\napplicable central processing date. Mastercard conversion will be at a\nrate selected by Mastercard, typically either a government-mandated\nrate or a wholesale rate provided to Mastercard. Conversion to U.S.\ndollars may occur on a date other than the date of the transaction.\nTherefore, the conversion rate may be different from the rate in effect at\nthe time of the transaction. You agree to pay the converted amount plus\nthe applicable foreign transaction Fee. For Purchases, cash withdrawals,\nand Cash Advances made in U.S. dollars outside of the United States\nand its territories, you agree to pay the transaction amount, plus the\napplicable foreign transaction Fee.\nLate Payment Fee\nFor each payment not received by the payment due date, we may\ncharge a fee (\xe2\x80\x9cLate Payment Fee\xe2\x80\x9d). The first time you are late making the\nrequired minimum monthly payment (\xe2\x80\x9cLate Payment First Occurrence\xe2\x80\x9d),\na $29 Late Payment Fee may be imposed. After the Late Payment First\nOccurrence, if you make a late payment at anytime during the next six\nbilling cycles (\xe2\x80\x9cLate Payment Second Occurrence\xe2\x80\x9d), a $40 Late Payment\nFee may be imposed. After the Late Payment Second Occurrence, any\nsubsequent late payment during the next six billing cycles will also incur\na $40 Late Payment Fee. At no time will the Late Payment Fee exceed\nthe amount of the required minimum monthly payment.\nOverlimit Fee\nIn the event your balance exceeds your credit limit, no Fee will be\ncharged.\nOther Fees\nReturned Payment Fee\nNo Fee will be charged for any check or other form of payment sent to us\nwhich is returned unpaid.\nReturned Item Fee\nIf we decline to honor a Convenience Check or when payment of a\nConvenience Check is stopped at your request, we may charge a fee\n(\xe2\x80\x9cReturned Item Fee\xe2\x80\x9d). The first time we decline to honor a Convenience\nCheck or when payment of a Convenience Check is stopped at your\nrequest (\xe2\x80\x9cReturned Item First Occurrence\xe2\x80\x9d), a $29 Returned Item Fee\nmay be imposed. After the Returned Item First Occurrence, if we decline\na Convenience Check or you request stop payment of a Convenience\nCheck at anytime during the next six billing cycles (\xe2\x80\x9cReturned Item\nSecond Occurrence\xe2\x80\x9d), a $40 Returned Item Fee may be imposed. After\nthe Returned Item Second Occurrence, any subsequent declined\nConvenience Check or stop payment of a Convenience Check during the\nnext six billing cycles will also incur a $40 Returned Item Fee. At no time\nwill the Returned Item Fee exceed the amount of the Convenience\nCheck.\nConvenience Checks and Document Copy Charges\nCharges for Convenience Checks and requests for copies of sales\ndrafts, Statements or other documents related to your Account may be\nbilled on your Account as Purchases in accordance with the fee schedule\nestablished by us from time to time. No charge will be made for copy\nrequests related to billing error resolution within 60 days of the disputed\ntransaction.\nTOTAL FEE COMPUTATION\nWe add all Fees assessed to obtain your total Fees for each billing cycle\n(excluding transaction Fees for Balance Transfers and/or Convenience\nChecks and Installment Plan Fees). We will assess Fees for Balance\nTransfers and/or Convenience Checks to your Account in the same\nbalance category to which the transaction is posted. Installment Plan\nFees will be charged monthly throughout the Installment Plan duration.\nCANCELLATION\nTo the extent permitted by law, Commerce Bank may cancel your\nAccount, refuse to allow further transactions against your Account or\nrevoke your Card(s) at any time (whether or not you are in default of any\npart of this Agreement) including, without limitation, when any affiliation\nyou may have with a sponsoring organization ceases or when any\nagreement we may have with the sponsoring organization is terminated.\nCancellation of your Account will not affect your liability to us for credit\nwe have extended to you, including amounts not yet billed to your\nAccount. We may cancel your Account without prior notice or liability.\nYou must surrender the Card(s), either upon a direct request by us, or\nany other bank or merchant who is acting upon our instructions.\nCONDITIONS OF DEFAULT\nWe may consider you to be in default if we do not receive a required\npayment when due, including the minimum payment by the date shown\non your Statement; you fail to comply with the terms of this Agreement;\nyou make any false or misleading statements or omissions on your\napplication; you file a bankruptcy petition or have one filed against you;\nwe obtain information that causes us to believe that you may be unwilling\nor unable to pay your debts to us or to others on time including, but not\nlimited to, your failure to make any payment to us on any other\nindebtedness or loan; you are declared incompetent by a court or a court\nappoints a guardian/conservator for you or your assets; or you die.\nIf we consider your Account to be in default, we may close your account\nwithout notice and require you to pay the balance in a manner permitted\n\n\x0cby law (subject to applicable law regarding notice or right to cure). To the\nextent permitted by law, if you are in default you will pay our collections\ncosts, attorneys\xe2\x80\x99 fees, court costs, and all other expenses of enforcing\nour rights under this Agreement.\nALLOCATION OF PAYMENTS\nWe will allocate your minimum payment in the manner we determine. If\nthere are any active Installment Plans associated with the Account, we\nwill apply payment to the Installment Plan(s) first. We will then apply the\namount in excess of the minimum payment to balances with higher APRs\nbefore balances with lower APRs and then to any Installment Plan\nbalance(s) in order of earliest Installment Plan expiration date.\nRECEIPT OF PAYMENTS\nPayments received before 5 PM CT at the address shown on your\nStatement on any of our regular Business Days will be posted as of the\ndate of receipt. Payments made in person before the close of business to\nan employee at a Commerce branch will be posted as of date of receipt.\nPayments mailed to the address shown or made in person at a branch\nmust be accompanied by the Account number or payment stub, and in\nthe form of a check or money order in U. S. Dollars drawn on a U. S.\nfinancial institution. Do not send cash through the mail. A delay in\ncrediting the payment to your Account may occur if the payment does not\nmeet these requirements for making payments (conforming\npayments). In no case shall such delay exceed five days from receipt of\nsuch payment.\nThe cutoff time for payments made on any of our regular Business Days\nthrough Commerce as transfers from your Commerce deposit account\nare as follows: Commerce ATM, 7:00 PM CT; Commerce Online\nBanking, including Mobile Banking, 7:00 PM CT; Commerce Account\nInformation Line, 7:00 PM CT; Commerce Collections Department, 11:00\nPM CT. A payment made through Commerce Online Bill Pay will be\nposted on the Pay Date.\nConforming payments received after the respective cutoff time will be\nposted no later than the next Business Day. Payments made by a thirdparty payor, will be posted as of the date we receive the payment.\nWhen the due date falls on a weekend or holiday, your payment due\ndate will be on the next Business Day.\nWe may accept late payments, partial payments or checks and money\norders (or accompanying written communication) containing a statement\nto the effect that the instrument was tendered as \xe2\x80\x9cpayment in full,\xe2\x80\x9d full\nsatisfaction of a disputed claim or other similar language without losing\nany rights under this Agreement or under the law. All such payments or\nwritten communications must be mailed to: Commerce Bank, P.O. Box\n410857, Kansas City, MO 64141-1857.\nCHANGE OF TERMS\nProvided the Account is meeting the terms of this Agreement: (1) We will\nnot increase an introductory APR during any Introductory Rate period;\nand (2) We will not increase any APR, Annual Fee or minimum Interest\nCharge for 12 months following account opening, except for increases\ndue to the expiration of an Introductory or Promotional Rate period, if\nany; changes in the Prime Rate; completion or failure of a temporary\nhardship arrangement; application of a Penalty Rate; or the end of\nmilitary service to which the provisions of the Servicemembers Civil\nRelief Act (SCRA) apply (\xe2\x80\x9cExceptions\xe2\x80\x9d). Otherwise, we may change the\nterms of the Agreement at any time, after notice and the right to reject if\nrequired by law. Changes in any APR, other than the stated Exceptions,\nAnnual Fee or minimum Interest Charge will apply to new transactions\ncreated after the end of the 14th day following our providing notice to\nyou. If you reject a change, your Account will be cancelled and you will\nno longer be able to use the Account.\nCancellation of your Account will not affect your liability to us for credit\nwe have extended to you, including amounts not yet billed to your\nAccount.\nELECTRONIC RECORDS\nYou agree that this document and all paper records related to your\nAccount and whether or not the other paper records were submitted,\nreceived or obtained in advance of, contemporaneously with or\nsubsequent to, the delivery of this document may, at the option of\nCommerce Bank, be converted by any digital or electronic method or\nprocess to an electronic record or subsequently further converted or\nmigrated to another electronic record format or electronic storage\nmedium. You further agree that upon conversion to an electronic record\nas authorized herein such electronic record shall be the record of the\ntransaction and the electronic record shall have the same legal force and\neffect as the paper documents from which it was converted. You waive\nany legal requirement that any documents digitally or electronically\nconverted be embodied, stored, or reproduced in a tangible media. You\nundersigned and agree that a printed or digitally reproduced copy of the\nelectronic record shall be given the same legal force and effect as a\nsigned writing. In addition, you authorize and agree to destruction of the\npaper documents by Commerce Bank upon conversion of the paper\ndocuments to a digital or electronic record.\nCOMMUNICATIONS CONSENT\nYou expressly consent and agree that Commerce Bank and their\naffiliates, agents, vendors, collections agencies, and service providers\nmay use written, electronic or verbal means to contact you. The ways in\nwhich we may contact you include, but are not limited to, contact by\nmanual calling methods, live operator calls, prerecorded or artificial voice\ncalls and messages, text messages, emails, and/or automatic telephone\ndialing systems. You agree that Commerce Bank and their affiliates,\nagents, vendors, collections agencies, and service providers may contact\nyou by using any email address or any telephone number you provide,\nnow or in the future, including a number for a cellular phone or other\nwireless device, regardless of whether you incur charges as a result.\nPhone numbers and email addresses, you provide include those you\n3\n\ngive to us, those from which you contact us or which we obtain through\nother means. Message and data rates may apply.\nIndemnification\nIf you provide telephone number(s) for which you are not the subscriber,\nyou understand that you shall indemnify us for any costs and expenses,\nincluding reasonable attorneys\xe2\x80\x99 fees, incurred as a result of us contacting\nor attempting to contact you at the number(s) provided. In the event any\nof your contact information changes, you agree to immediately notify us.\nCommunication Revocation\nIf you do not want to receive communications as described in the\nprevious paragraph, you must: (i) provide us with written notice revoking\nyour prior consent, (ii) in that written notice, you must include your name,\nmailing address, and the last four digits of your Account number; (iii)\nadvise whether you would like communications to cease via mail, voice\ncalls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if\nyou are requesting communications to cease via telephone number(s)\nand/or email, please provide the specific phone number(s) and email\naddress; (v) you must send this written notice to:\nCommerce Bank\nAttention \xe2\x80\x93 Commerce Bank Customer Service\nP.O. Box 411036, Kansas City, MO 64141-1036\nTelephone Conversation Recording\nYou consent and agree that our staff may monitor and/or record phone\ncalls between you and our representatives without additional notice to\nyou, including but not limited to calls we make to service your account or\ncollect debt(s).\nMILITARY LENDING ACT DISCLOSURE\nFederal law provides important protections to members of the Armed\nForces and their dependents relating to extensions of consumer credit. In\ngeneral, the cost of consumer credit to a member of the Armed Forces\nand his or her dependent may not exceed an annual percentage rate of\n36 percent. This rate must include, as applicable to the credit transaction\nor account: The costs associated with credit insurance premiums; fees\nfor ancillary products sold in connection with the credit transaction; any\napplication fee charged (other than certain application fees for specified\ncredit transactions or accounts); and any participation fee charged (other\nthan certain participation fees for a credit card account). You can call toll\nfree to 855-225-1576 to hear the applicable required Military Lending Act\ndisclosures.\nMISCELLANEOUS PROVISIONS\nYou also agree that:\n\xe2\x80\xa2\nWe may refuse to extend credit to you or anyone using your\nAccount or Card(s).\n\xe2\x80\xa2\nWe will not be liable or responsible for anyone\xe2\x80\x99s refusal to honor\nyour Card(s).\n\xe2\x80\xa2\nEach Account you have with us is separate from any others you\nhave with us, and Interest Charges will be charged on each\nAccount\xe2\x80\x99s balance at the APR given with each Agreement. Each\nindividual Account will be designated by an individual Account\nnumber.\n\xe2\x80\xa2\nYour Card(s) are Commerce Bank property.\n\xe2\x80\xa2\nWe may change the premium enhancements offered at any time\nwithout further notice to you.\n\xe2\x80\xa2\nMerchants with whom you\xe2\x80\x99ve shared your Account number may be\nupdated with new Account information to ensure the continuation of\nyour payment agreement.\n\xe2\x80\xa2\nYou will not use your Card(s) for any purpose that has been\ndeemed illegal. We reserve the right to deny authorization requests\nfrom online gambling merchants, whether or not online gambling is\nillegal in the state in which you reside.\n\xe2\x80\xa2\nCommerce Bank may share your Account experience and\ntransaction information with its Affiliates, which are members\nof the Commerce Family of Companies as defined in your\nPrivacy Statement. Unless you call 1-800-543-4845, you agree\nthat Commerce Bank and its Affiliates may also share other\ninformation about you or your Account.\n\xe2\x80\xa2\nYou must notify us immediately at Commerce Bank, P.O. Box\n411036, Kansas City, MO 64141-1036, if you believe any\ninformation we reported to a credit reporting agency is inaccurate.\nSECURITY INTEREST\nCollateral securing other loans with us may also secure this\nindebtedness.\nCHANGES IN ADDRESS\nYou agree to notify us immediately if you change your address.\nINTERPRETATION\nThe Agreement shall be governed by applicable federal law and\nregulations. To the extent not preempted by applicable federal law, this\nAgreement shall be governed by the laws of the state of Missouri, but\nCommerce Bank will rely on the provisions of Nebraska law with respect\nto the fees and charges (other than interest) that apply to your Account,\nas authorized by Missouri Revised Statutes Section 408.145.\nYour Billing Rights: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities\nunder the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your Statement, write to us at:\nCommerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036\nYou may also send us this information via fax at 1-816-234-2811\nIn your letter, give us the following information:\n\xe2\x80\xa2\nAccount information: Your name and Account number.\n\xe2\x80\xa2\nDollar amount: The dollar amount of the suspected error.\n\n\x0c\xe2\x80\xa2\n\nDescription of problem: If you think there is an error on your\nbill, describe what you believe is wrong and why you believe it\nis a mistake.\nYou must contact us:\n\xe2\x80\xa2\nWithin 60 days after the error appeared on your Statement.\n\xe2\x80\xa2\nAt least 3 Business Days before an automated payment is\nscheduled, if you want to stop payment on the amount you\nthink is wrong.\nYou must notify us of any potential errors in writing. You may call us, but\nif you do, we are not required to investigate any potential errors and you\nmay have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we\nreceived your letter. We will also tell you if we have already corrected the\nerror.\n2. Within 90 days of receiving your letter, we must either correct the error\nor explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\nWe cannot try to collect the amount in question or report you\nas delinquent on that amount.\n\xe2\x80\xa2\nThe charge in question may remain on your Statement, and\nwe may continue to charge you interest on that amount.\n\xe2\x80\xa2\nWhile you do not have to pay the amount in question, you are\nresponsible for the remainder of your balance.\n\xe2\x80\xa2\nWe can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\nIf we made a mistake: You will not have to pay the amount in\nquestion, or any Interest Charges or other Fees related to that\namount.\n\xe2\x80\xa2\nIf we do not believe there was a mistake: You will have to pay\nthe amount in question, along with applicable Interest Charges\nand Fees. We will send you a Statement of the amount you\nowe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must\nwrite to us within 10 days telling us that you still refuse to pay. If you do\nso, we cannot report you as delinquent without also reporting that you\nare questioning your bill. We must tell you the name of anyone to whom\nwe reported you as delinquent, and we must let those organizations\nknow when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first\n$50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card\nPurchases\nIf you are dissatisfied with the goods or services that you have\nPurchased with your credit card and you have tried in good faith to\ncorrect the problem with the merchant, you may have the right not to pay\nthe remaining amount due on the Purchase.\n\nAgreement to Arbitrate\nYou and we agree that either of us may elect to resolve any Claims (as\ndefined below) through binding arbitration unless you opt out of the\nagreement to arbitrate as set forth below, or unless prohibited by law. If\nyou or we elect to resolve a Claim through arbitration, neither you nor we\nwill have the right to pursue such claim in court or have a jury decide the\nclaim, nor will you or we have the right to bring or participate in any class\nor other representative action in court or in arbitration.\nWhat Claims are Subject to Arbitration? As used in this section, the term\n\xe2\x80\x9cClaim\xe2\x80\x9d has the broadest possible meaning and includes, but is not\nlimited to, any unresolved disagreement, controversy, dispute, or cause\nof action between you and us, whether preexisting, present or future,\narising out of, related to or concerning this Agreement, your Account, the\nservices provided pursuant to this Agreement, optional features including\nbut not limited to Special ConnectionsSM and toggle\xc2\xa9, any relationship\nbetween you and us, or any advertisement or solicitation, whether such\nClaim is asserted or brought in a direct, derivative, assignee, survivor,\nsuccessor, beneficiary or personal capacity. Without limiting the\nforegoing, the term \xe2\x80\x9cClaim\xe2\x80\x9d also includes any unresolved disagreement,\ncontroversy, dispute, or cause of action between you and us arising out\nof, related to or concerning any fees or charges relating to any\nAccount(s), and any services relating to any Account(s), optional\nfeatures including but not limited to Special ConnectionsSM and toggle\xc2\xa9,\non-line or telephone banking services, communication methods and\npractices we may use to service your Account, and ATM services. It also\nincludes any disputes you have with our agents, contractors, employees,\nofficers or assignees, any merchants with whom you use the Account,\nany credit reporting agencies to whom we report the Account or any\nother third party that has been involved or becomes involved with, or\nwhose trademarks are used in connection with, any purchasing,\nmarketing, soliciting, servicing or credit reporting activity relating to your\nAccount. The Claims covered by this agreement to arbitrate include,\nwithout limitation:\n\xe2\x80\xa2\n\nAny disputes regarding: the application you prepared in\nconnection with the issuance of your Account; any solicitation\nor advertising materials you received in connection with your\nAccount; any activities relating to the maintenance or servicing\nof your Account; and any funds held by the Bank in connection\nwith your Account;\n\n\xe2\x80\xa2\n\nAny disputes arising from the collection of amounts you owe in\nconnection with your Account or the manner of collection;\n\n\xe2\x80\xa2\n\nAny disputes concerning the dollar amount of payments made\nor transactions posted to your Account;\n\n\xe2\x80\xa2\n\nAny disputes concerning the processing of items or funds\ntransfers sent to the Bank for the purpose of posting to your\nAccount;\n\n\xe2\x80\xa2\n\nAny disputes regarding information obtained by us from, or\nreported by us to, credit bureaus or others;\n\n\xe2\x80\xa2\n\nAny disputes related to insurance or other services or products\npurchased from us in connection with your Account;\n\n\xe2\x80\xa2\n\nAny disputes regarding communications involving telephones,\nautomatic dialing systems, artificial or prerecorded voice\nmessages, SMS text messages or facsimile machines; and\n\n\xe2\x80\xa2\n\nAny disputes concerning the relationships resulting from this\nAgreement, your Account or any of the foregoing.\n\nTo use this right, all of the following must be true:\n1. The Purchase must have been made in your home state or within\n100 miles of your current mailing address, and the purchase price\nmust have been more than $50. (Note: Neither of these are\nnecessary if your Purchase was based on an advertisement we\nmailed to you, or if we own the company that sold you the goods or\nservices.)\n2. You must have used your credit card for the Purchase. Purchases\nmade with Cash Advances from an ATM or with a check that\naccesses your credit card Account do not qualify.\n3. You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the\nPurchase, contact us in writing at:\nCommerce Bank P.O. Box 411036, Kansas City, MO 64141-1036\nWhile we investigate, the same rules apply to the disputed amount as\ndiscussed above. After we finish our investigation, we will tell you our\ndecision. At that point, if we think you owe an amount and you do not\npay, we may report you as delinquent.\nLIABILITY FOR UNAUTHORIZED USE\nIf your name appears on the Account for the Card(s) accompanying this\nAgreement, then by using or permitting another to use the Card(s) and/or\nPIN, you agree to all the provisions of this Agreement, including, but not\nlimited to your promise to pay. You will not be liable for unauthorized use\nthat occurs after you notify Commerce Bank orally or in writing.\nNotification of loss, theft or possible unauthorized use may be mailed to\nCommerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or\nyou may call 1-800-645-2103.\nDISPUTE RESOLUTION \xe2\x80\x93 ARBITRATION\nPLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT,\nWITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO\nRESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING\nARBITRATION. IF ARBITRATION IS ELECTED, YOU AND WE WAIVE\nTHE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A\nPUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING\nOR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR\nPROCEEDING.\nYOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO\nARBITRATE AS SET FORTH BELOW.\n\n4\n\nThe term \xe2\x80\x9cClaim\xe2\x80\x9d includes claims of every kind and nature, including but\nnot limited to, initial claims, counterclaims, cross-claims and third-party\nclaims and claims based upon contract, tort, fraud and other intentional\ntorts, statutes, regulations, common law and equity. For purposes of this\nsection, \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d includes Commerce Bank, any corporate\nparent, subsidiaries, affiliates, employees, officers, directors, agents,\ncontrolling persons and representatives, as well as any person or entity\nwho provides any services in connection with this Agreement or who is\nnamed as a co-defendant with us in a Claim asserted by you.\nWhat Disputes are Not Subject to Arbitration? Notwithstanding any other\nlanguage herein, the term \xe2\x80\x9cClaim\xe2\x80\x9d shall not include any dispute or\ncontroversy regarding the validity, enforceability, coverage or scope of\nthis agreement to arbitrate or any part thereof, including, without\nlimitation, the \xe2\x80\x9cWaiver of Jury Trial and Class or Representative Action\xe2\x80\x9d\nprovision set forth below, subsections A and B of the \xe2\x80\x9cSurvival and\nSeverance\xe2\x80\x9d provision set forth below and this sentence; all such disputes\nare for a court and not the arbitrator to decide. In addition, claims filed\nby you or us individually in small claims court, so long as any such claim\nremains in that court and advances only an individual claim for relief, are\nnot subject to arbitration. However, if a claim is transferred, removed or\nappealed to a different court, you or we will then have the right to\ndemand arbitration of such claim. Other claims, disputes, controversies\nor issues not subject to arbitration are set forth in the section titled\n\xe2\x80\x9cRights Preserved.\xe2\x80\x9d\nHow Does Arbitration Work? The arbitration shall be administered by the\nAmerican Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), pursuant to its Consumer\nArbitration Rules (collectively, \xe2\x80\x9cRules\xe2\x80\x9d) in effect at the time a demand for\narbitration is filed. The Rules are available online at www.adr.org, or you\nmay contact the AAA at 120 Broadway, Floor 21, New York, N.Y 10271.\nIf the AAA is unable to serve and you and we cannot agree on a\nreplacement, a court with jurisdiction will select the arbitrator. If there is a\nconflict between the Rules and this agreement to arbitrate, or between\nthis agreement to arbitrate and the Agreement, this agreement to\narbitrate shall control. Pursuant to the Rules, the AAA will select a single\narbitrator who shall have expertise in the substantive laws applicable to\nthe Claim\xe2\x80\x99s subject matter. If the value of relief sought is $10,000 or less,\nyou or we may elect to have the arbitration conducted by telephone or\n\n\x0cbased solely on the submission of written documents, unless the Rules\nor arbitrator requires an in-person proceeding. If the value of the relief\nsought is more than $10,000, or an in-person proceeding is required, the\narbitration proceeding shall be conducted in the same city as the U.S.\nDistrict Court closest to your home address, unless the parties mutually\nagree upon a different location in writing. Either party may, at its sole\ncost and discretion, choose to be represented by an attorney at any\narbitration proceeding.\nThe arbitrator may award any damages or other relief provided for under\napplicable law as if an individual action were brought in court, including,\nwithout limitation, punitive damages (which shall be governed by the\nConstitutional standards employed by the courts) and injunctive,\nequitable and declaratory relief (but only in favor of the individual party\nseeking relief and only to the extent necessary to provide relief\nwarranted by that party\xe2\x80\x99s individual claim). If we made a written offer to\nyou to settle your Claim prior to an arbitrator being selected, and the\narbitrator awards you an amount greater than our last offer, if any, we will\n(i) pay you the arbitrator\xe2\x80\x99s award or $5,000, whichever is greater, and (ii)\npay your reasonable attorney, witness and expert fees and costs, if any.\nJudgment on the arbitrator\xe2\x80\x99s award is final and binding and may be\nentered in any court of competent jurisdiction.\nThe arbitrator, you and we will not disclose the existence, content or\noutcome of any arbitration proceeding; provided, however, that\ndisclosures required by applicable law or regulation shall not be subject\nto such restriction. The foregoing sentence does not prohibit any party\nfrom, in good faith, investigating a claim or defense, including\ninterviewing witnesses or otherwise engaging in discovery as permitted\nby the Rules. No arbitration award involving the parties will have any\npreclusive effect as to issues or claims in any dispute involving anyone\nwho is not a party to the arbitration, nor will an arbitration award in prior\ndisputes involving other parties have preclusive effect in an arbitration\nbetween the parties to this agreement to arbitrate.\nHow is Arbitration Initiated? If you or we elect to arbitrate a Claim, the\nparty electing arbitration must notify the other party in writing. This notice\ncan be given after the beginning of a lawsuit and can be given in papers\nfiled in the lawsuit (for example, a motion by the defendant to compel\narbitration of claims asserted by the plaintiff in a lawsuit filed in court).\nOtherwise, your notice must be sent to Commerce Bank, Attn: ADR\nNotice, P.O. Box 413037, Kansas City, MO 64141-3037, and our notice\nwill be sent to the most recent address for you in our files. If a party files\na lawsuit in court asserting Claim(s) that are subject to arbitration and the\nother party files a motion to compel arbitration with the court which is\ngranted, it will be the responsibility of the party asserting the Claim(s) to\nstart the arbitration proceeding in accordance with the Rules.\nWho Pays for Arbitration? Except as otherwise provided herein, we will\npay the filing, administration and arbitrator fees charged by the AAA for\nany arbitration initiated in accordance with this agreement to arbitrate. If\nyou pay any initial filing fee, we will reimburse you. If you cannot afford to\npay any initial filing fees, we will pay them for you. We will pay any fees\nor expenses that we are required to pay by law or the Rules or that we\nare required to pay for this agreement to arbitrate to be enforced.\nThe arbitrator will have the authority to award fees and costs of\nattorneys, witnesses and experts to the extent permitted by the Rules,\nthis agreement to arbitrate, the Agreement, or applicable law. We will not\nseek to recover from you any fees or expenses we pay on your behalf, or\nany attorney, witness or expert fees or other costs or expenses we incur\nin defending an individual arbitration commenced by you.\nNotwithstanding the foregoing, if the arbitrator finds that a Claim is\nfrivolous or brought in bad faith or for an improper purpose, then the\npayment of all fees, costs and expenses shall be determined by the\nRules.\nWhat Law is Applicable? You and we agree that our relationship\nincludes transactions involving interstate commerce and that this\nagreement to arbitrate and any arbitration rule, proceeding and award\npursuant to the terms hereof, are governed by and enforceable pursuant\nto the provisions of the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d) (9 U.S.C. \xc2\xa7 1, et\nseq.). Notwithstanding anything to the contrary in the Agreement, to the\nextent that state law is applicable, including with respect to the\ninterpretation and enforcement of this agreement to arbitrate, Missouri\nlaw shall apply to the extent consistent with the FAA. The arbitrator shall\ndecide the claim in accordance with applicable substantive law and the\nterms of this Agreement, and shall apply all statutes of limitation and\nhonor attorney-client and other privileges.\nHow do I Opt Out of the Agreement to Arbitrate? If you do not accept\nthis agreement to arbitrate, you may reject it (\xe2\x80\x9copt out\xe2\x80\x9d). If you opt out,\nneither you, nor we, will be subject to the requirement to resolve any\nclaim by arbitration or any other provision of this section.\nTo opt out, you must send us written notice of your decision to reject this\nagreement to arbitrate to the address set forth below. We must receive\nyour written notice by the later of: (i) May 1, 2020 or (ii) thirty (30) days\nafter we sent you this Agreement via US Mail, through electronic\ndisclosure, provided it to you in person, or by other reasonable delivery\nmethod. Your written opt out notice must: (a) include a signed statement\nthat you reject the agreement to arbitrate set forth in this Agreement; (b)\ninclude your name, address and the Account number you wish to opt out;\nand (c) be sent to us at the following address: Commerce Bank, Attn:\nADR Credit Card Opt Out, P.O. Box 414220, Kansas City, MO 641414220.\nThis is the only way you can reject this agreement to arbitrate. If you opt\nout, it will not affect any other terms of this Agreement, and it will not\nadversely affect your Account or any relationship between you and us.\nYour rejection of this agreement to arbitrate shall not be imputed to any\nother person or entity or be deemed to be a rejection of this agreement\nto arbitrate by any person or entity other than you. Nor shall your\nrejection of this agreement to arbitrate eliminate the obligation of other\n5\n\npersons or entities who wish to reject this agreement to arbitrate to\npersonally comply with the notice and time requirements of this opt-out\nprovision. The agreement to arbitrate is the only section of this\nAgreement that you can opt out of.\nWaiver of Jury Trial and Class or Representative Action. UNLESS YOU\nREJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE\nWITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT\nIF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE\nTHE RIGHT TO (i) PARTICIPATE IN A CLASS ACTION IN COURT OR\nIN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR\nCLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR\nIN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE\nGENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN\nCOURT OR IN ARBITRATION OR (iii) HAVE A COURT OR A JURY\nRESOLVE THE CLAIM. MOREOVER, UNLESS MUTUALLY AGREED\nUPON IN WRITING BY ALL PARTIES, CLAIMS MAY NOT BE\nJOINED, CONSOLIDATED, OR OTHERWISE COMBINED WHETHER\nOR NOT ANY SUCH COMBINATION OCCURRED AS A RESULT OF\nAN ASSIGNMENT.\nRights Preserved. In addition to subjects excluded from arbitration in\naccordance with the provision titled \xe2\x80\x9cWhich Disputes are Not Subject to\nArbitration?\xe2\x80\x9d this agreement to arbitrate does not prohibit you or us, at\nany time, from (a) exercising any lawful rights to preserve or obtain\npossession of property or self-help remedies, including but not limited to,\nthe right to set-off, the right to restrain funds in a deposit account,\nrecoupment, repossession, replevin or trustee\xe2\x80\x99s sales; (b) obtaining\nprovisional or ancillary remedies or injunctive relief (other than a stay of\narbitration), including but not limited to attachment, garnishment,\ninterpleader or the appointment of a receiver by a court of appropriate\njurisdiction; or (c) bringing an individual action in court that is limited to\npreventing the other party from using a self-help or non-judicial remedy\nand that does not involve a request for damages or monetary relief of\nany kind.\nConflict, Survival and Severance. In the event of any conflict or\ninconsistency between this agreement to arbitrate and other provisions\nof this Agreement or the Rules, this agreement to arbitrate will govern.\nThis agreement to arbitrate shall survive any termination of or changes to\nany of your Account subject to this Agreement; the transfer or\nassignment of any of the foregoing; and the bankruptcy of any party to\nthe extent permitted by law. If any term or provision of this agreement to\narbitrate is held to be unenforceable, prohibited or invalid, the remaining\nprovisions shall be enforced without regard to such illegal or\nunenforceable term or provision, except that:\n(A) if any provision of this agreement to arbitrate regarding\nclass action, class arbitration, private attorney general action, other\nrepresentative action, joinder, or consolidation is determined by an\nauthority of competent jurisdiction to be unenforceable or illegal, such\nprovision shall not be severable and this agreement to arbitrate between\nyou and us (except for this sentence) shall be null and void, provided that\nsuch determination of unenforceability or illegality shall be subject to\nappeal. The parties acknowledge and agree that under no circumstances\nwill a class action, private attorney general action or other representative\naction be arbitrated; and\n(B) if a Claim is brought seeking public injunctive relief and a\ncourt determines that the restrictions in the \xe2\x80\x9cWaiver of Jury Trial and\nClass or Representative Action\xe2\x80\x9d provision or elsewhere in this agreement\nto arbitrate prohibiting the arbitrator from awarding relief on behalf of\nthird parties are unenforceable with respect to such Claim (and that\ndetermination becomes final after all appeals have been exhausted), the\nClaim for public injunctive relief will be determined in court and any\nindividual Claims seeking monetary relief will be arbitrated. In such a\ncase the parties will request that the court stay the Claim for public\ninjunctive relief until the arbitration award pertaining to individual relief\nhas been entered in court. In no event will a Claim for public injunctive\nrelief be arbitrated.\nDISPUTE RESOLUTION - JURY TRIAL WAIVER\nYou and we agree that in the event that any Claim or dispute between us\nis not arbitrated but instead is resolved in court, you and we knowingly\nand voluntarily waive the right to a jury trial to the full extent permitted by\napplicable law.\n__________________________________________\nIf you have any questions regarding this Agreement, or our current fee\nschedule, write to us at Commerce Bank, P.O. Box 411036, Kansas\nCity, MO 64141-1036, or call us at 1-800-645-2103.\n(Effective 2/26/2020)\n\n\x0cOPTIONAL FEATURES\nCommerce Bank credit cards may come with optional credit card\npayment features, including Special ConnectionsSM and toggle\xc2\xae. The\nSpecial ConnectionsSM and toggle\xc2\xae features are offered at the sole\ndiscretion of Commerce Bank (\xe2\x80\x9cCommerce\xe2\x80\x9d) to Accountholders (\xe2\x80\x9cYou\xe2\x80\x9d or\n\xe2\x80\x9cYour\xe2\x80\x9d) that have Qualified Commerce Bank Credit Card Accounts. A\n\xe2\x80\x9cQualified Commerce Credit Card Account\xe2\x80\x9d means any open Account\nthat is not designated by Commerce as lost, stolen, fraud transferred,\ncredit revoked, closed, bankrupt, charged off, or in Consumer Credit\nCounseling or recovery. By using these optional features, you\nacknowledge that you have read and accepted the Commerce Bank\nSpecial ConnectionsSM terms and conditions (\xe2\x80\x9cSpecial ConnectionsSM\nTerms and Conditions\xe2\x80\x9d) and the Commerce Bank toggle\xc2\xae terms and\nconditions (\xe2\x80\x9ctoggle\xc2\xae Terms and Conditions\xe2\x80\x9d) which shall govern your use\nof and rights under these optional features.\n\ntransfer funds between, or learn the balances in your checking, regular\nsavings or money-market accounts; (ii) use funds from your checking,\nregular savings, and money-market accounts to make payments on your\nCommerce credit cards, lines of credit or loans or (iii) take cash\nadvances on your Commerce credit cards.\n\nThe Special ConnectionsSM Terms and Conditions and toggle\xc2\xae Terms\nand Conditions are a separate agreement and are not part of your\nAgreement.\n\nCommerce has no control over the functionalities offered at nonCommerce ATMs. Some or all of these features may not be available at\nall non-Commerce ATMs and some ATMs may allow you to perform\nother functions not mentioned here, including the ability to make\npurchases (e.g. stamps). If at any time you use a non-Commerce ATM to\nrequest to take money from an account that you do not have or if the\nnon-Commerce ATM does not prompt you to select a specific account\nfrom which to take the money, then you agree that Commerce will\nattempt to comply with your request by providing you with money from\none of your open ATM Accounts. Cash withdrawals may be taken from\nany open deposit ATM Account owned by you and cash advances may\nbe taken from any credit card ATM Account owned by you.\n\nSPECIAL CONNECTIONSSM FEATURE\nWith this feature (\xe2\x80\x9cSpecial ConnectionsSM Feature\xe2\x80\x9d), and as permitted\nfrom time to time, you may use your Card to access Commerce Bank\nSpecial ConnectionsSM Feature-eligible deposit accounts, credit cards,\nlines of credit, and/or loans. You may request the Special Connections SM\nFeature from a Commerce Bank branch, through Commerce Bank\nOnline Banking, or from our Customer Service Department at 1-800-6452103. These features are not automatically activated.\nFor customers with a Special Connections\xc2\xae Visa\xc2\xae or Mastercard\xc2\xae credit\ncard, please note: The Special ConnectionsSM Feature is different from a\nCommerce Bank Special Connections\xc2\xae Visa or Mastercard credit card.\nThe Special ConnectionsSM Feature allows you to add certain\nfunctionality to any Commerce Bank-issued credit card, including\nCommerce Bank\xe2\x80\x99s Special Connections\xc2\xae Visa or Mastercard credit card.\nHowever, your Special Connections\xc2\xae Visa or Mastercard credit card is\nnot automatically enabled with the Special ConnectionsSM Feature. You\nmust proactively enroll any credit card, including your Special\nConnections\xc2\xae Visa or Mastercard credit card, in the Special\nConnectionsSM Feature in order for that card to utilize the Special\nConnectionsSM Feature\xe2\x80\x99s capabilities described herein.\nELECTRONIC FUND TRANSFERS\nThe following provisions apply only to electronic fund transfers (\xe2\x80\x9cEFTs\xe2\x80\x9d).\nEFTs are any transfer of funds initiated with your Card(s) at an ATM or\nas a debit transaction at Point of Sale. We can cancel these services at\nany time and for any reason without notice. We can also cancel your\nentire Account, including credit card services, and revoke your Card(s)\nas provided in the CANCELLATION paragraph above. This may be done\nby an ATM or merchant not returning your Card(s) to you. We may\nchange the terms of this Agreement relating to EFTs without notice to\nyou unless required by law.\nTELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT\nOF UNAUTHORIZED TRANSFER\nTell us AT ONCE if you believe your card has been lost or stolen, or if\nyou believe that an electronic fund transfer has been made without your\npermission using information from your check. Telephoning is the best\nway of keeping your possible losses down. You could lose all the money\nin your account plus your maximum overdraft line of credit. If you tell us\nwithin 2 business days after you learn of the loss or theft of your card,\nyou can lose no more than $50 if someone used your card without your\npermission.\nIf you do NOT tell us within 2 business days after you learn of the loss or\ntheft of your card, and we can prove we could have stopped someone\nfrom using your card without your permission if you had told us, you\ncould lose as much as $500.\nAlso, if your statement shows transfers that you did not make, including\nthose made by card, code or other means, tell us at once. If you do not\ntell us within 60 days after the statement was mailed to you, you may not\nget back any money you lost after the 60 days if we can prove that we\ncould have stopped someone from taking the money if you had told us in\ntime. If a good reason (such as a long trip or a hospital stay) kept you\nfrom telling us, we will extend the time period. By permitting another\nperson to use the card, you authorize and are fully liable for any\ntransactions that person initiates until that person\xe2\x80\x99s authority is ended.\nYou may only end that person\xe2\x80\x99s authority by notifying us.\nIf you believe your card has been lost or stolen, or that someone has\ntransferred or may transfer money from your account without your\npermission, call us at 1-800-617-7480 or write to us at Commerce Bank,\nPO Box 411036, Kansas City, MO 64141-1036. You should also call the\nnumber or write to the address listed above if you believe a transfer has\nbeen made using the information from your check without your\npermission.\nTYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS\nAccount Access. The following EFTs are only available if you request\nthe Special ConnectionsSM Feature. Depending on the type of accounts\nthat Commerce determines from time-to-time are eligible for the Special\nConnectionsSM Feature as well as which of your accounts you choose to\naccess using the Special ConnectionsSM Feature, you may use your Card\nto perform the following functions where otherwise permitted:\nATM Transaction\nAt the ATM, insert your Card and enter the credit card PIN that you\nestablished for this Card to (i) withdraw cash from, deposit money in,\n\n6\n\nThe account(s) you designate for ATM accessibility will be considered\nyour Special ConnectionsSM Feature at the ATM account(s) (each, an\n\xe2\x80\x9cATM Account\xe2\x80\x9d). If you wish to designate one or more checking accounts\nas an ATM Account, then you must designate one of those checking\naccounts as your Point of Sale Account as defined below. In order to\nhave ATM access to your checking accounts, you must at all times\nmaintain a Point of Sale Account. If you no longer have a Point of Sale\nAccount, then you will lose ATM access to all of your checking accounts.\n\nPoint of Sale Transaction\nYou may designate one (1) checking account as your Special\nConnectionsSM Feature at the point of sale account (\xe2\x80\x9cPoint of Sale\nAccount\xe2\x80\x9d). At merchants that have agreed to accept the Card on\nnetworks utilized by us and support the Special ConnectionsSM Feature,\nyou can use funds in your Point of Sale Account to pay for your\npurchases. The use of your Card in this manner constitutes a\nsimultaneous withdrawal from and/or demand upon your checking\naccount, even though the transaction may not actually be posted to your\naccount until a later date. Merchants decide how to interact with the\nSpecial ConnectionsSM Feature and the experience may vary.\nOnly Commerce checking accounts are eligible for this functionality and\nonly one (1) Commerce Bank checking account can be designated as\nthe Point of Sale Account at any one time. Your Point of Sale Account\nshall always remain as an ATM Account. If at any time you instruct\nCommerce to remove the Point of Sale capabilities from your card, you\nwill no longer have access to any of your checking accounts at the ATM.\nATM and Point of Sale transactions will post to your checking account(s)\nas detailed in your Deposit Agreement.\nForeign Transaction\nFor transactions occurring outside of the United States, the nature of\nwhich is unspecified to us, we will apply the transaction to accounts in\nthe following order: checking, money-market, regular savings,\nCommerce Visa or Commerce Mastercard.\nLimitation on Frequency of Transfers. There are no limitations on the\nnumber of transfers that can be made during any time period to or from\nany deposit account, except as provided by federal regulations limiting\npreauthorized transfers. By federal regulation, you are limited during any\nstatement cycle to six preauthorized transfers (three of which may be by\ncheck, draft or similar order if the account is a money market-type\naccount).\nLimitation on Dollar Amount of Transfers. The balance available for\nauthorizing purchases and cash withdrawals is the lesser of 1) your\navailable deposit account balance, plus any credit available through an\noverdraft protection line of credit or through any overdraft authorized by\nus in our sole discretion, OR 2) daily dollar limitations. For cash\nadvances against a Commerce Bank credit card, you may withdraw cash\nup to the lesser of your credit line or daily dollar limitations. In addition,\ndaily withdrawal frequency limitations may apply to cash advances.\nDollar limitations may differ at ATMs other than ours.\nOnline Gambling. You agree that you will not use your card for any\npurpose that has been deemed illegal. We reserve the right to deny\nauthorization requests from online gambling merchants, whether or not\nonline gambling is illegal in the state in which you use your card.\nReservations and Merchant Authorization. Under certain\ncircumstances, a merchant (e.g., hotel) may require the use of a card to\nguarantee reservations that may result in a hold on the available funds in\nthe account. If you cancel any guaranteed reservation made using the\ncard, you must obtain a cancellation number. If you fail to do so, the hold\nplaced for the guaranteed reservation will not be canceled and the\namount will be held against the balance in the account. This may limit\nyour future transactions. Further, if the merchant subsequently charges\nthe amount of the guaranteed reservation to the account, we will not be\nobligated to re-credit the account if you fail to obtain a cancellation\nnumber. In addition, authorizations issued for card transactions must be\ncanceled when you initiate a card transaction and subsequently use\nanother form of payment for the transaction such as a credit card or\ncash, since failure to have the authorization canceled may also result in\na hold on funds in the account and limit your future transactions.\nPOINT OF SALE TRANSACTIONS\nThe use of your card with the Special Connections SM Feature to\npurchase goods and services constitutes a simultaneous withdrawal from\nand/or demand upon your checking account, even though the transaction\nmay not actually be posted to your account until a later date. Any person\n\n\x0cor merchant honoring your card may be required to obtain approval or\nauthorization for any transaction. When we approve a non-PIN\ntransaction (which may or may not require your signature), we may\nimmediately reduce the available balance in your checking account by\nthe authorization amount requested by the merchant even though we\nhave not received the transaction electronically for payment, which may\ndiffer from the final posted amount.\n\n\xe2\x80\xa2\n\nThis authorization amount will not be available until our receipt of the\ntransaction OR no more than three business days after the transaction\ndate, whichever first occurs. If funds are not available for checks, other\nitems or debits, you may be subject to overdraft or insufficient funds fees.\nTransactions with your card will be posted to your account in the order\nand with the same legal effect as checks or other debits drawn on your\naccount. You may use your card only in the manner and for the purposes\nauthorized by this Agreement. We may recognize a transaction even if\nwe have not authorized it, but that does not mean we will authorize the\nsame type of transaction again. You do not have the right to stop\npayment on any transaction originated by use of your card with the\nSpecial ConnectionsSM Feature, except recurring preauthorized transfers\nas described in this Agreement.\n\nERROR RESOLUTION PROCEDURES\nIn case(s) of errors or questions about your EFTs, telephone us at 1-800617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,\nMO 64141-1036 as soon as you can, if you think your statement or\nreceipt is wrong, or if you need more information about a transfer listed\non the statement or receipt. We must hear from you no later than 60\ndays after we sent the FIRST deposit statement on which the problem or\nerror appeared.\n\xe2\x80\xa2\nTell us your name and account number.\n\xe2\x80\xa2\nTell us the name of the merchant, the transaction date and the\ndollar amount of the suspected error.\n\xe2\x80\xa2\nDescribe the error or the transfer you are unsure about, and explain\nas clearly as you can why you believe it is an error or why you need\nmore information.\n\xe2\x80\xa2\nTell us if you have already attempted to resolve the issue directly\nwith the merchant.\n\xe2\x80\xa2\nIf you tell us orally, we may require that you send your complaint or\nquestion in writing within 10 business days.\n\nOverdrafts. You are responsible for all authorized transactions initiated\nby use of your card with the Special ConnectionsSM Feature. If a negative\nbalance (overdraft) in your checking account results from the use of the\ncard with the Special ConnectionsSM Feature, you will pay us on demand\nthis negative balance and our then current charge for overdrafts. If you\nhave an overdraft line of credit (Checking Plus) for an account, you are\nbound by the rules and regulations that apply to that credit privilege\n(Overdraft Protection). In addition, if your checking account is closed\nbefore transactions are posted, you will pay us on demand the\noutstanding amount.\nFEES\nFees for all EFT services are disclosed in our fee schedule. You will\nreceive a fee schedule at account opening. You may request a copy of\nour current fee schedule at any Commerce branch or by contacting 1800-453-2265. When you use an ATM not owned by us you may be\ncharged a fee by the ATM operator (or any network used) for a\ntransaction or for a balance inquiry even if you do not complete a fund\ntransfer.\nRIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS\nTerminal Receipts. You will get a receipt at the time you make any\ntransfer to or from your deposit account using an ATM or electronic POS\nterminal.\nPreauthorized Credits. If you have arranged to have direct deposits\nmade to your deposit account at least once every 60 days from the same\nperson or company, you can call us at 1-800-746-8704 to find out\nwhether or not the deposit has been made.\nPeriodic Statement. You will get a monthly deposit statement if you\nhave a deposit account upon which checks or drafts may be drawn. You\nwill get a monthly deposit statement on your regular savings account if\nthere are electronic transfers during the month. In any case, you will get\na regular savings deposit statement quarterly.\nDISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES\nWe will disclose information to third parties about your account or the\ntransfers you make:\n\xe2\x80\xa2\nWhere it is necessary for completing transfers. Merchants with\nwhom you\xe2\x80\x99ve shared your account number may be updated with\nnew account information to ensure the continuation of your payment\nagreement.\n\xe2\x80\xa2\nIn order to verify the existence and condition of your account for a\nthird party, such as a consumer reporting agency or merchant.\n\xe2\x80\xa2\nIn order to comply with government agency or court orders.\n\xe2\x80\xa2\nIf you give us your permission.\n\xe2\x80\xa2\nIn accordance with our current Privacy Policy Notice.\nRIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND\nPROCEDURES FOR DOING SO; RIGHT TO RECEIVE NOTICE OF\nVARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP\nPAYMENT\nIf you have told us in advance to make regular payments out of your\ndeposit account, you can stop any of these payments. Here\xe2\x80\x99s how: Call\nus at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,\nKansas City, MO 64141-1036 in time for us to receive your request three\nbusiness days or more before the payment is scheduled to be made. If\nyou call, we may also require you to put your request in writing and get it\nto us within 14 days after your call.\nNotice of Varying Amounts. If these regular payments may vary in\namount, the person you are going to pay will tell you, 10 days before\neach payment, when it will be made and how much it will be. You may\nchoose to get this notice only when the payment would differ by more\nthan a certain amount from the previous payment, or when the amount\nwould fall outside certain limits that you set.\nLiability for Failure to Stop Payment of Preauthorized Transfers. If\nyou order us to stop one of these payments three business days or more\nbefore the transfer is scheduled, and we do not do so, we will be liable\nfor your losses or damages.\nOur Liability for Failure to Make Transfers. If we do not complete a\ntransfer to or from your deposit account on time or in the correct amount\naccording to our Agreement with you, we will be liable for your losses or\ndamages. However, there are some exceptions. We will not be liable, for\ninstance:\n\xe2\x80\xa2\nIf through no fault of ours, you do not have enough money in your\naccount to make the transfer.\n\xe2\x80\xa2\nIf the transfer would go over the credit limit on your overdraft line.\n7\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nIf the ATM where you are making the transfer does not have\nenough cash.\nIf the terminal or system was not working properly and you knew\nabout the breakdown when you started the transaction.\nIf circumstances beyond our control (such as flood or fire) prevent\nthe transfer, despite reasonable precautions that we have taken.\nThere may be other exceptions stated in our Agreement with you.\n\nWe will determine whether an error occurred within 10 business days\nafter we hear from you and will correct any error promptly. If we need\nmore time, however, we may take up to 45 calendar days to investigate\nyour complaint or question. If we decide to do this, we will credit your\ndeposit account within 10 business days for the amount you think is in\nerror so that you will have the use of the money during the time it takes\nus to complete our investigation. If we ask you to put your complaint or\nquestion in writing and we do not receive it within 10 business days, we\nmay not credit your deposit account.\nFor errors involving new accounts, point-of-sale, or foreign-initiated\ntransactions, we may take up to 90 days to investigate your complaint or\nquestion. For new accounts, we may take up to 20 business days to\ncredit your account for the amount you think is in error.\nWe will tell you the results within three business days after completing\nour investigation. If we decide that there was no error, we will send you a\nwritten explanation. You may ask for copies of documents that we used\nin our investigation.\nTOGGLE\xc2\xae FEATURE\nCommerce may add toggle\xc2\xae to any Qualified Commerce Visa or\nMastercard Credit Card Account.\nDEMAND DEPOSIT ACCOUNT\nYou may link up to two (2) demand deposit accounts (each a \xe2\x80\x9cDDA\xe2\x80\x9d) to\nYour Qualified Commerce Credit Card Account for the use of the toggle\xc2\xae\npayment feature.\nIf You link a Commerce DDA to Your Account, that DDA must be an\nopen checking account. You must have an ownership relationship to that\nDDA in order to link it to Your credit card Account. Any person using the\nAccount and/or related Card(s) with the expressed or implied permission\nof any of the applicants (\xe2\x80\x9cAuthorized Users\xe2\x80\x9d) will have access to the\nlinked DDA through the use of Your Account.\nAny DDA that has been designated by Commerce as having a\ngarnishment, a closed-to-posting restriction, or has been forced to close\nby Commerce, will not be eligible to link to Your Account for the purpose\nof the toggle\xc2\xae payment feature. Small Business banking accounts will not\nbe eligible to link to Your Account for the purpose of the toggle\xc2\xae payment\nfeature.\nIf You link a non-Commerce DDA to Your Account, You must provide\nCommerce with the account number and the routing information for that\nfinancial institution. Certain transaction restrictions may apply to such\nnon-Commerce DDAs. Please refer to such bank\xe2\x80\x99s terms and conditions\nof Your DDA for applicable fees, restrictions and/or limitations of Your\nDDA.\nPAYMENT PREFERENCES\n\xe2\x80\x9cPayment Preferences\xe2\x80\x9d means the selection of a category, setting and/or\namount you choose to determine if a credit card purchase is to be paid\nfor from your linked DDA or if it is to remain a part of your credit card\nbalance.\nPAY NOW\xc2\xae\n\xe2\x80\x9cPay Now\xc2\xae\xe2\x80\x9d means a credit card purchase that will be automatically paid\nfor from Your DDA according to Your Payment Preferences. Any\npurchase made by You or an Authorized User with Your Account, will be\npaid for from the DDA that has been linked to Your Account, and in\naccordance with the Payment Preferences that have been selected by\nthe applicants of the Account.\nWhen a toggle\xc2\xae credit is posted to your Account, we reserve the right to\nplace a temporary hold on the available credit created by the toggle\xc2\xae\ncredit. toggle\xc2\xae does not, nor is it intended to, shorten the time frame in\nwhich your available credit is replenished after a payment to your\nAccount.\nPurchases may take 1-2 business days to post to Your Account following\nthe date of Purchase. After the Purchase has posted to Your Account, an\nACH may take 1-2 business days to appear as a debit on Your DDA.\nPayments are not applied to the required minimum payment due on Your\nStatement each month. You will still have a required minimum payment\n\n\x0cdue each month, which will appear on Your Statement and will be\nsubject to the terms of Your cardholder agreement.\n\n(but in no event less than three business days). Commerce reserves the\nright to decline or cancel toggle\xc2\xae service at any time.\n\nPAY LATER\n\xe2\x80\x9cPay Later\xe2\x80\x9d means any Purchase that is made with Your Account that will\nnot be automatically paid for from a DDA, and will become a part of your\noutstanding credit card balance.\nYou may choose to use the Pay Later feature for Your Purchases by\nchoosing not to activate a specific Payment Preference, by deactivating\na previously chosen Payment Preference, by cancellation of a linked\nDDA, or by the cancellation of the toggle\xc2\xae payment feature from Your\ncredit card Account.\nUNWIND\xc2\xae\n\xe2\x80\x9cUnwind\xc2\xae\xe2\x80\x9d means the ability to return funds that were used to pay for a\nPurchase from Your DDA with the Pay Now\xe2\x84\xa2 feature, and to have the\noriginal Purchase placed back on to Your Account.\nYou will have up to 30 calendar days to use the Unwind\xc2\xae feature for a\nPay Now\xe2\x84\xa2 feature Purchase. When the Purchase posts back to Your\nAccount, it will post with the original transaction date, and will be subject\nto interest charges according to the terms of Your Cardholder\nAgreement. We reserve the right to limit the total amount of your\nUnwind\xc2\xae feature requests from exceeding the available credit for Your\nAccount.\nTOGGLE ON DEMAND\xe2\x84\xa2\n\xe2\x80\x9ctoggle On Demand\xe2\x84\xa2\xe2\x80\x9d means any credit card purchase that You\nmanually choose to be paid from either Your DDA or reward points after\nthe transaction posts to Your Account.\nACH RETURNS\nIf an ACH payment request is returned for any reason, the original\nPurchase that initiated that ACH payment request will be posted back to\nYour Account and will be due according to the terms of Your Agreement.\nAn ACH return for any reason will result in the deactivation of any active\nPayment Preferences for the DDA that caused the return, and any other\nDDA that might share an active Payment Preference. Your Payment\nPreferences will remain deactivated until such time that you re-activate\nYour Payment Preferences.\nIf Your Payment Preferences are not active, any pending and future\nPurchases that previously matched that Payment Preference, will post to\nYour Account and will not initiate an ACH payment request. These\nPurchases will become a part of your outstanding credit card balance\nwith Commerce and will be due according to the terms of Your\nAgreement.\nIf You have linked a Commerce DDA to Your Account, any ACH\npayment request that would result in an overdraft of Your DDA will be\nreturned to Your Account, and no overdraft or insufficient funds fees will\nbe assessed to You. If you have linked a non-Commerce DDA to Your\nAccount, You may be assessed overdraft and/or insufficient funds fees\naccording to that financial institution's deposit agreement.\ntoggle\xc2\xae ALERTS\nCommerce will use the email address provided by You at the time of the\nAccount(s) or Card(s) opening to notify you of important changes in\nregard to the toggle\xc2\xae payment feature for Your Account. You will not be\nable to turn off these notifications. You agree that You are responsible\nfor maintaining a valid email address and agree to notify us of any\nchange in Your email address. You can change the email address for\naccount notification at any time through Commerce Online Banking.\nShould delivery of the account notification be unsuccessful, it remains\nYour responsibility to monitor Your toggle\xc2\xae Payment Preferences in a\ntimely manner from Commerce Online Banking.\nGENERAL TERMS & CONDITIONS\nYou must be enrolled in a Commerce Rewards Program in order to\nreceive rewards for Your Purchases.\nCommerce reserves the right, in its sole discretion, to suspend, cancel or\nmodify the toggle\xc2\xae payment feature at any time and for any reason and\nwithout prior notice.\nCommerce reserves the right, in its sole discretion, to add, delete,\nchange or revise these toggle\xc2\xae Terms and Conditions including, but not\nlimited to, qualifications for participation in toggle\xc2\xae.\nCommerce reserves the right, in its sole discretion, to disqualify any\nAccountholder from participation in toggle\xc2\xae in cases of actual or\nsuspected abuse, fraud, violations of these toggle\xc2\xae Terms and Conditions\nor any actual or suspected abuse or fraud with respect to the Account or\nDDA.\nNeither Commerce nor its third-party service providers, their respective\nemployees, officers, affiliates or agents will be liable to You for any\naction or inaction any of them take or fail to take with respect to toggle \xc2\xae\nor any changes to these toggle\xc2\xae Terms and Conditions.\nAll trademarks, service marks and trade names used by Commerce for\ntoggle\xc2\xae, including the toggle\xc2\xae design are property of Commerce. No use\nof these may be made without the prior written authorization of\nCommerce.\nBy using toggle\xc2\xae, You agree to all of the toggle\xc2\xae features, limitations and\nrestrictions contained in these toggle\xc2\xae Terms and Conditions as well as\nany additional terms and conditions contained in any programs,\npromotions or transactions that may be offered to You from time-to-time\nand any terms and conditions contained in any document issued to You\nby Commerce.\nThis authorization is to remain in effect until Commerce has received\nelectronic notice of termination from You. You may terminate toggle\xc2\xae\nelectronically through Online Banking, or by contacting us at 1-800-6452103. Your notice must be sent in such time and manner as to afford\nCommerce Bank a reasonable opportunity to act upon the termination\n8\n\n\x0c"


b'PRICING INFORMATION FOR THE AOPA WORLD MASTERCARD\xc2\xae CREDIT CARD\nInterest Rates and Interest Charges\nAnnual Percentage Rate\nto\nbased on your creditworthiness\n(APR) for Purchases\nwhen you open your Account.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Balance Transfers\nPrime Rate plus 6.99% to 16.99% based on your creditworthiness when you open your\nAccount.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Cash Advances\nPrime Rate plus 21.99% for Non-Overdraft Cash Advances.\n(Non-Overdraft & Overdraft)\nPrime Rate plus 21.99% for Overdraft Cash Advances.\nThese APRs will vary with the market based on the Prime Rate.\nPenalty APR and When it\nPrime Rate plus 23.99%\nApplies\nThis APR will vary with the market based on the Prime Rate.\nThis APR may be applied to your Account if you fail to make the required minimum\nmonthly payment within 60 days of the respective payment due date.\n\nPrime Rate plus 6.99%\n\n16.99%\n\nMinimum Interest Charge\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nHow Long Will the Penalty APR Apply?: If your APRs are increased for this\nreason, the Penalty APR will apply until you make six consecutive minimum\npayments when due.\nYour due date is at least 25 days after the close of each billing cycle. We will not charge\nyou any interest on Purchases if you pay the entire balance by the due date each\nmonth. We will begin charging interest on Cash Advances and Balance Transfers, on\nthe transaction date.\nIf you are charged interest, the charge will be no less than $2.50.\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\n- Balance Transfer\n\nEither $10 or 5% of the amount of each Balance Transfer, whichever is greater.\n\nPaying Interest\n\n- Non-Overdraft Cash\nAdvance\n- Overdraft Cash Advance\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\n- Foreign Transaction\n\n1% of each transaction in U.S. Dollars. 2% of each transaction made in currencies other\nthan U.S. Dollars.\n\nPenalty Fees\n- Late Payment\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\nUp to $40\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cDaily Balance\xe2\x80\x9d (including new Purchases and Fees).\nSee the account agreement for more details.\nStandard APR: Your standard APRs will be disclosed in your Account Opening Disclosure with your new credit card\napproximately 7-10 business days after Account approval.\nPrime Rate: The Prime Rate used to determine the APR on your Account is the U.S. Prime Rate published in The Wall\nStreet Journal in its column called \xe2\x80\x9cMoney Rates\xe2\x80\x9d on the last business day of each month. Although each Daily Periodic\nRate is determined by an index published prior to the first day of each calendar month, the respective Daily Periodic Rate\nwill only become effective and charged as of the first day of the monthly billing period following the respective calendar\nmonth in which the index is so published. No representation is made that the U.S. Prime Rate is the lowest, the best or\nthe favored rate of interest. If for any reason The Wall Street Journal no longer publishes the \xe2\x80\x9cMoney Rates\xe2\x80\x9d column, then\nwe will choose a new index based on comparable information. An increase in the Prime Rate will cause your interest rate\nto increase and may cause your minimum monthly payment to increase.\nDaily Periodic Rate: The Daily Periodic Rate for all APRs equals the APR divided by 365.\n\n\xc2\xa9 2020 Commerce Bancshares, Inc.\n\n\x0c'


b'PRICING INFORMATION FOR UVM ALUMNI VISA SIGNATURE\xc2\xae CREDIT CARD\nInterest Rates and Interest Charges\nAnnual Percentage Rate\nto\nbased on your\n(APR) for Purchases\ncreditworthiness when you open your Account.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Balance Transfers\nPrime Rate plus 11.99% to 21.99% based on your creditworthiness when you open\nyour Account.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Cash Advances\nPrime Rate plus 21.99% for Non-Overdraft Cash Advances.\n(Non-Overdraft & Overdraft)\nPrime Rate plus 21.99% for Overdraft Cash Advances.\nThese APRs will vary with the market based on the Prime Rate.\nPenalty APR and When it\nPrime Rate plus 23.99%\nApplies\nThis APR will vary with the market based on the Prime Rate.\nThis APR may be applied to your Account if you fail to make the required minimum\nmonthly payment within 60 days of the respective payment due date.\n\nPrime Rate plus 11.99%\n\n21.99%\n\nMinimum Interest Charge\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nHow Long Will the Penalty APR Apply?: If your APRs are increased for this\nreason, the Penalty APR will apply until you make six consecutive minimum\npayments when due.\nYour due date is at least 25 days after the close of each billing cycle. We will not charge\nyou any interest on Purchases if you pay the entire balance by the due date each\nmonth. We will begin charging interest on Cash Advances and Balance Transfers, on\nthe transaction date.\nIf you are charged interest, the charge will be no less than $2.50.\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\n- Balance Transfer\n\nEither $10 or 5% of the amount of each Balance Transfer, whichever is greater.\n\nPaying Interest\n\n- Non-Overdraft Cash\nAdvance\n- Overdraft Cash Advance\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\n- Foreign Transaction\n\n1% of each transaction in U.S. Dollars. 2% of each transaction made in currencies other\nthan U.S. Dollars.\nUp to 20% of each qualifying transaction(s) made using an Installment Plan. Each\nInstallment Plan Fee will be disclosed prior to establishing the Installment Plan.\n\nInstallment Plan Fee\nPenalty Fees\n- Late Payment\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\nUp to $40\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cDaily Balance\xe2\x80\x9d (including new Purchases and Fees).\nSee the account agreement for more details.\nStandard APR: Your standard APRs will be disclosed in your Account Opening Disclosure with your new credit card\napproximately 7-10 business days after Account approval.\nPrime Rate: The Prime Rate used to determine the APR on your Account is the U.S. Prime Rate published in The Wall\nStreet Journal in its column called \xe2\x80\x9cMoney Rates\xe2\x80\x9d on the last business day of each month. Although each Daily Periodic\nRate is determined by an index published prior to the first day of each calendar month, the respective Daily Periodic Rate\nwill only become effective and charged as of the first day of the monthly billing period following the respective calendar\nmonth in which the index is so published. No representation is made that the U.S. Prime Rate is the lowest, the best or\nthe favored rate of interest. If for any reason The Wall Street Journal no longer publishes the \xe2\x80\x9cMoney Rates\xe2\x80\x9d column, then\nwe will choose a new index based on comparable information. An increase in the Prime Rate will cause your interest rate\nto increase and may cause your minimum monthly payment to increase.\nDaily Periodic Rate: The Daily Periodic Rate for all APRs equals the APR divided by 365.\n\n\xc2\xa9 2020 Commerce Bancshares, Inc.\n\n\x0c'


b'PRICING INFORMATION FOR THE ROYALSTM PLATINUM MASTERCARD\xc2\xae CREDIT CARD\nInterest Rates and Interest Charges\nAnnual Percentage Rate\nto\nbased on your\n(APR) for Purchases\ncreditworthiness when you open your Account.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Balance Transfers\nPrime Rate plus 11.99% to 21.99% based on your creditworthiness when you open\nyour Account.\nAfter that, your APR will vary with the market based on the Prime Rate.\nAPR for Cash Advances\nPrime Rate plus 21.99% for Non-Overdraft Cash Advances.\n(Non-Overdraft & Overdraft)\nPrime Rate plus 21.99% for Overdraft Cash Advances.\nThese APRs will vary with the market based on the Prime Rate.\nPenalty APR and When it\nPrime Rate plus 23.99%\nApplies\nThis APR will vary with the market based on the Prime Rate.\nThis APR may be applied to your Account if you fail to make the required minimum\nmonthly payment within 60 days of the respective payment due date.\n\nPrime Rate plus 11.99%\n\n21.99%\n\nMinimum Interest Charge\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nHow Long Will the Penalty APR Apply?: If your APRs are increased for this\nreason, the Penalty APR will apply until you make six consecutive minimum\npayments when due.\nYour due date is at least 25 days after the close of each billing cycle. We will not charge\nyou any interest on Purchases if you pay the entire balance by the due date each\nmonth. We will begin charging interest on Cash Advances and Balance Transfers on the\ntransaction date.\nIf you are charged interest, the charge will be no less than $2.50.\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\n- Balance Transfer\n\nEither $10 or 5% of the amount of each Balance Transfer whichever is greater.\n\nPaying Interest\n\n- Non-Overdraft Cash\nAdvance\n- Overdraft Cash Advance\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\n- Foreign Transaction\n\n1% of each transaction in U.S. Dollars. 2% of each transaction made in currencies other\nthan U.S. Dollars.\n\nPenalty Fees\n- Late Payment\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\nUp to $40\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cDaily Balance\xe2\x80\x9d (including new Purchases and Fees).\nSee the account agreement for more details.\nStandard APR: Your standard APRs will be disclosed in your Account Opening Disclosure with your new credit card\napproximately 7-10 business days after Account approval.\nPrime Rate: The Prime Rate used to determine the APR on your Account is the U.S. Prime Rate published in The Wall\nStreet Journal in its column called \xe2\x80\x9cMoney Rates\xe2\x80\x9d on the last business day of each month. Although each Daily Periodic\nRate is determined by an index published prior to the first day of each calendar month, the respective Daily Periodic Rate\nwill only become effective and charged as of the first day of the monthly billing period following the respective calendar\nmonth in which the index is so published. No representation is made that the U.S. Prime Rate is the lowest, the best or\nthe favored rate of interest. If for any reason The Wall Street Journal no longer publishes the \xe2\x80\x9cMoney Rates\xe2\x80\x9d column, then\nwe will choose a new index based on comparable information. An increase in the Prime Rate will cause your interest rate\nto increase and may cause your minimum monthly payment to increase.\nDaily Periodic Rate: The Daily Periodic Rate for all APRs equals the APR divided by 365.\n\n\xc2\xa9 2020 Commerce Bancshares, Inc.\n\n\x0c'