ACCOUNT OPENING DISCLOSURES 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

25.00% 

APR for Cash Advances 

25.00% 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases  if  you  pay  your  entire  balance  by  the  due  date  each 
month. We will begin charging interest on cash advances on the 
transaction date. 

Minimum Interest Charge 

None 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or 
using  a  credit  card,  visit  the  website  of  the  Consumer  Financial 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

     Annual Fee 

     Monthly Maintenance Fee 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed  before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any fees or 
charges. 

$125 for the first year 
After that, $96 annually 
$60 annually (billed at $5 per month) 
Monthly Maintenance Fee  not billed for the first 12 months  your 
Account is opened 

     Additional Card Fee 

$30 (one time, if applicable) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

     Cash Advance 

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

     Foreign Transaction 

3% of each transaction in U.S. dollars. 

Penalty Fees 

     Late Payment 

     Returned Payment 

Up to $35 

Up to $35 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "average  daily  balance 
(including new purchases).” See INTEREST CHARGES below for more details. 

Billing  Rights:  Information  on  your  rights  to  dispute  transactions  and  how  to  exercise  those 
rights is provided in your Cardholder Agreement and Deposit Account Contract. 

8/1/2014

2 

 
 
 
INTEREST CHARGES: 

CHARGES AND FEES 

Periodic Rates. 
INTEREST  CHARGES  for  purchases  and  cash  advances  are  calculated  at  a  monthly  periodic 
rate of 2.0833%, which is equivalent to an ANNUAL PERCENTAGE RATE (“APR”) of 25.00%. 

INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to 
your Account.   However, INTEREST CHARGES will not be imposed on purchases made in  any 
Billing Cycle in which the previous balance shown on your Monthly Billing Statement is zero and 
you  pay  your  new  balance  in  full  by  the  payment  due  date  shown  on  your  Monthly  Billing 
Statement.  INTEREST CHARGES are imposed on cash advances beginning on the date a cash 
advance is  obtained and continuing until the balance of  your Account is  paid  in  full. There is  no 
time in which you can pay the balance of cash advances in order to completely avoid INTEREST 
CHARGES. 

INTEREST  CHARGES  for  a  Billing  Cycle  are  calculated  separately  for  purchases  and  cash 
advances.   There  is  no  minimum  INTEREST  CHARGE.  The  INTEREST  CHARGE  calculation 
begins on the date the transaction is posted to your Account. 

For purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by 
the average daily balance of  purchases.   To determine the average daily balance of  purchases, 
we take the beginning outstanding balance of purchases each day, add any new purchases, and 
subtract any payments and/or credits.   This gives us the daily balance of purchases.   (Any  daily 
balance that  is  a  credit balance is  treated as  zero  ($0.00) balance.)   Then,  we  add  all the daily 
balances of purchases for the Billing Cycle together and divide the total by the number of days in 
the Billing Cycle. This gives us the average daily balance of purchases. 
For  cash  advances, the  INTEREST  CHARGE  is  computed by  multiplying the  monthly  periodic 
rate by the average daily balance of  cash advances.   To  get the average daily balance of  cash 
advances,  we  take  the  beginning  outstanding  balance  of  cash  advances  each  day,  add  in  any 
new cash advances, and subtract any payments and/or credits that we apply to the cash advance 
balance. This  gives  us  the  daily  balance  of  cash  advances.   (Any daily  balance  that  is  a  credit 
balance  is  treated  as  zero  ($0.00)  balance.)      Then,  we  add  all  the  daily  balances  of  cash 
advances for  the  Billing Cycle together and  divide the  total by the  number of  days  in  the  Billing 
Cycle. This gives us the average daily balance of cash advances. 

FEES AND OTHER CHARGES: 

Your Account is subject to the following fees and charges, each of which may be charged to your 
Account: 

Security Deposit  (if  applicable). W e may require  a  collateral  deposit  in  the  form  of  a  security 
deposit, up to the full amount of the Credit Limit to be paid in full before the Account is opened to 
offset the risk associated with the Account.   Refer to the “Terms and Conditions of Your Deposit 
Account” and “Truth in Savings Disclosure – Deposit Account” section of this Agreement for more 
information.

3 

 
 
 
 
 
 
 
 
 
Available  Credit  Limits.  Once  the  entire  security  deposit,  if  applicable,  is  paid  in  full,  your 
Account will be opened and you will have access to your initial available credit.  Funds received in 
connection with a security deposit may be held up to 10 days before an Account is opened. 

Cash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of 
5%  or  $5.00,  whichever  is  greater,  for  each  cash  advance  posted  to  your  Account  that  month 
(“Cash  Advance  Fee”).    NO  CASH  ADVANCES  ARE  PERMITTED  DURING  THE  FIRST  95 
DAYS AN ACCOUNT IS OPEN.  The Cash Advance Fee will not be assessed in the fourth (4th) 
through and including the twelfth (12th) month after your Account is open. 

Additional Card Fee. Your Account will be assessed a one-time additional card fee of $30.00 for 
each authorized user you add to your Account. 

Foreign  Currency  Transaction  Fee.      Your  Account  will  be  assessed  a  foreign  currency 
transaction  fee  equal  to  3%  of  any  transaction made  in  a  foreign  currency  that  is  converted  to 
U.S.  Dollars.   This  fee  will  not  be  assessed to  foreign transactions made  in  the  first  12  months 
your Account is open. 

Annual  Fee.   Your  Account  will  be  assessed an  Annual Fee  of  $125.00  (“Annual Fee”)  for  the 
first year and $96.00 each subsequent year. The Annual Fee will be billed to  your Account once 
the Account is  opened, and on  or  about  your anniversary date each  year.   Your payment of  the 
Annual Fee does  not  affect our  right  to  close  your  Account or  our  ability to  limit transactions on 
your Account. 

Annual Fee Refund Disclosure.  We will refund the Annual Fee charged to your Account if you 
notify us, within 60 days from the date of the Monthly Billing Statement on which it appears, that 
you wish to close your Account. 

Monthly Maintenance Fee.   Your  Account  will  be  assessed a  monthly maintenance fee,  which 
will  be  billed  at  $5.00  per  month  to  your  Account  (“Monthly  Maintenance  Fee”).   The  Monthly 
Maintenance Fee will not be billed in the first 12 months your Account is open. Your payment of 
the Monthly Maintenance Fee does not affect our right to close your Account or our ability to limit 
transactions on your Account. 

Late  Payment  Fee.    If  we  do  not  receive  a  payment  from  you  in  at  least  the  amount  of  the 
minimum payment due (“Minimum Payment”) by the  Payment Due Date shown on  your Monthly 
Billing  Statement,  you  will  be  charged  a  Late  Payment  Fee  equal  to  the  lesser  of  $25  or  your 
minimum  payment  (“Late  Payment  Fee”)  in  accordance  with  law.  If  you  fail  to  make  a  timely 
payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged $35 
or  the  amount  of  the  required  Minimum  Payment,  whichever  is  less. W e  will  not  charge  both  a 
Late Payment Fee and a  Returned Payment Fee based on  a single payment.   We may refer to 
this fee as the “Late Fee” or “Late Charge”. 

Returned  Payment  Fee.      If  you  make  a  payment  on  your  Account  and  your  check  or  other 
payment instrument (including an electronic funds transfer or a telephone authorized draft) is not 
honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to 
the lesser of $25 or  your Minimum Payment (“Returned Payment Fee”).   In the event a payment 
is  returned  in  any  of  the  six  (6)  Billing  Cycles  after  the  initial  returned  payment,  you  will  be 
charged  the  lesser  of  $35  or  the  amount  of  the  required  Minimum  Payment,  whichever  is  less. 
The charge may be  imposed even if  we  elect  to  re-present the  item  and  it  is  paid  upon our  re- 
presentment.  We will not charge both a Late Payment Fee and a Returned Payment Fee based 
payment.
upon 

single 

a 

4 

 
 
 
 
 
 
 
 
 
MID AMERICA BANK & TRUST COMPANY CARDHOLDER AGREEMENT 
AND DEPOSIT ACCOUNT CONTRACT 

YOUR AGREEMENT WITH US 

General  Terms.  This  Agreement  covers  the  terms  and  conditions  of  the  Card  Account 
(“Account”). Mid  America Bank  &  Trust  Company (“MABTC”) is  the  Card  issuer  and  assigns  its 
rights for servicing and other rights to Continental Finance Company (“Continental Finance”) after 
Card issuance. 
You  agree  to  be  bound  by  the  following  terms  and  conditions,  which  shall  constitute  an 
agreement between  you  and  us.  Furthermore, by  accepting  and  using  the  Card,  you  expressly 
agree to be bound by the provisions of this Agreement and to the rates and charges for use of the 
Card. 
In this Agreement, “we”, “us”, and “our” refer to MABTC as the issuer of the Card and Continental 
Finance  as  servicer.  “Agreement”  means  this  Cardholder  Agreement  and  Deposit  Account 
Contract.   The  words  "you" and  "your" mean the  person who  applied for  the  Account and  each 
person  to  whom  we  issue  a  Card  at  the  applicant’s  request  or  who  uses  a  Card  with  the 
applicant’s consent  (“Additional Card  or  Authorized User”).   The  word  “Card” means  your  credit 
card. 
Please read this Agreement carefully and save it for future reference. It contains important state 
and federal disclosures, including Regulation Z disclosures and disclosures regarding your rights 
in  case  of  errors  or  inquiries  about  your  bill  and  important  provisions  relating  to  arbitration  and 
litigation. 

Applicable  Law.  This  Agreement  and  your  Account,  and  any  claim,  dispute  or  controversy 
(whether in  contract, tort,  or  otherwise) at  any  time arising from  or  related to  your  Account, this 
Agreement  or  any  transferred  balances,  are  governed  by  and  construed  in  accordance  with 
applicable federal  law  and,  to  the  extent not  preempted by federal  law,  by  the  laws  of  Missouri 
(without  applying  its  choice-of-law  rules)  as  authorized  by  Missouri  Revised  Statutes  Section 
408.145.  The  formation,  legality,  enforceability,  and  interpretation  of  this  Agreement,  and  any 
amounts  contracted  for,  charged  and  received  under  this  Agreement, will  be  governed  by  such 
laws. This Agreement is entered into between you and us in  Missouri, regardless of the state of 
your  residence  or  whether  or  not  your  Account  or  Card  is  used  in  Missouri.      Our  decisions 
regarding the extension of credit to  you are made in the State of  Missouri.  Federal and Missouri 
law will also apply to any controversy, claim, or dispute arising from or relating in any way to the 
subject  matter  of  this  Agreement  and  your  Account,  including,  without  limitation,  statutory, 
equitable, and tort claims. 

Effective Date: Unless  you are a  resident of  the State of  New York, this Agreement is  effective 
upon the earlier of (1) the first purchase made or cash advance taken on your Account, or (2) the 
expiration of  30 days from the date  you are authorized to use the Card if  you do not provide us 
written notice of  your desire to cancel within this 30 days (“Effective Date”).   However, you may 
reject  this  Card,  provided  that  you  have  not  yet  used  the  Card  or  paid  a  fee  after  receiving  a 
Monthly Billing Statement. If you reject the Card, you are not responsible for any fees or charges. 
If  you are a resident of the State of New York, this Agreement is not effective until the earlier of 
(1)  the  first  purchase made  or  cash  advance  taken  on  your  Account,  or  (2)  the  date  you  move 
from the State of New York, unless the date you move from the State of New York is less than 30 
days from the date we issue a Card to you, in which case this Agreement will be effective on the 
date that is 30 days from the date we issue a Card to  you (and not the date  you move from the 
State of New York) if  you do not provide us  written notice of  your desire to cancel within this 30 
days.  In  all  cases,  if  any  fees  are  required  to  be  paid  prior  to  opening  your  Account,  this 
Agreement will  not  be  effective and  your  Account  will  not  be  opened until such  fees  are  paid  in 
full. 

Changes in  Agreement Terms. We can change any term  of  this Agreement, including the rate 
at  which  or  manner  in  which  INTEREST  CHARGES  and  Fees  are  calculated,  in  our  sole 
discretion,  upon  such  notice  to  you  as  is  required  by  law.  At  our  option,  any  change  will  apply 
both  to  your  new  activity  and  to  your  outstanding  balance  when  the  change  is  effective  as 
law.
permitted 

by 

5 

 
 
 
 
 
 
Binding  Effect.      This  Agreement  is  binding  upon  and  enforceable  against  your  heirs,  legal 
representatives, and successors. 

Severability.    If  any  provision  of  this  Agreement,  including  any  portion  of  the  Arbitration 
Provisions set  forth  below,  is  determined to  be  invalid  or  unenforceable under  any  rule,  law,  or 
regulation,  the  validity  or  enforceability  of  any  other  provision  of  this  Agreement  shall  not  be 
affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 
as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible.  Notwithstanding the  foregoing,  if  a  class  action  litigation  or  a  class-wide  arbitration  is 
permitted  for  any  reason,  either  party  may  require  that  the  entire  Dispute,  as  defined  in  the 
Arbitration  Provision  below,  be  heard  by  a  judge,  sitting  without  a  jury,  under  applicable  court 
rules and procedures. 

Entire  Agreement.   This  Agreement,  together  with  your  Application,  constitutes  the  final  and 
complete  credit  agreement  between  you  and  us  relating  to  your  Account  and  supersedes  and 
may  not  be  contradicted  by  evidence  of  any  prior,  contemporaneous, or  subsequent oral  credit 
agreement between you and us relating to your Account. 

USING YOUR CARD 

Sign  Your  Card.  To  avoid  unauthorized  use  of  your  Card,  please  sign  the  back  of  your  Card 
immediately. 

General Use. You may use your Card and your Account to make purchases if your Account is in 
good standing and you have available credit.  Your Card and Account may be used only for valid 
and  lawful  purposes.  If  you  or  an  Authorized  User  uses  your  Card  and  Account  for  any  other 
purpose, you will be responsible for the use and may be required to reimburse us for all amounts 
or expenses we pay as a result of the use. No cash advances are permitted within the first ninety 
five (95) days after the Effective Date of this Agreement. After ninety five (95) days have elapsed 
from  the  Effective Date  of  this  Agreement, you  may  obtain  cash  advances (See  Cash  Advance 
Fee  section).      You  may  not  use  the  Card  or  your  Account  for  any  illegal  transaction  or  any 
gambling  transaction.  We  will  decline  identifiable  gambling  transactions.      We  may  impose 
restrictions on  your Account at any time as determined to be necessary by us in connection with 
our  efforts  to  detect  fraud  or  unauthorized  use,  including  restrictions  on  (a)  the  number  of 
transactions  allowed  per  day;  (b)  the  dollar  amount  of  transactions  approved;  (c)  your  ability  to 
obtain  cash  advances;  and  (d)  your  ability  to  use  your  Card  at  an  automated  teller  machine 
(“ATM”). 

If  you  give  your  Account  number  to  make  a  purchase  or  obtain  a  cash  advance  without 
presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect 
will be the same as if the Card was present. 

You  may  also  use  your  Card  and  a  personal  identification  number  (“PIN”)  to  obtain  cash 
advances  at  an  ATM,  if  we,  at  our  option,  issue  you  a  PIN.  ATM  transactions  are  treated  the 
same as  cash  advances. We may restrict  your access to  any ATM at  any time.  You should not 
keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your 
PIN,  you  should  advise  us  immediately by  following  the  procedures  under  the  heading  “Lost  or 
Stolen Card.” 

Your Responsibility for  Authorized Users.  If  another person  is  given  access  to  your  Account 
and/or  Card  with  your  express  or  implied  permission,  notwithstanding the  provision  above,  that 
person is an Authorized User, even if we did not issue an additional Card in the Authorized User’s 
name.  At  your  request,  and  if  we  agree,  we  may  issue  an  additional  Card  in  the  name  of  an 
Authorized  User  with  your  Account  number.  You  will  be  responsible  for  all  charges,  cash 
advances, INTEREST CHARGES, purchases and fees incurred by any Authorized User. We are 
not  required  to  try  to  obtain  payment  from  any  Authorized  User  before  requiring  payment  from 
you. 

If  you  wish  to  remove  an  Authorized User  from  your  Account and/or  Card  you  must  contact  us 
either by telephone or in  writing. You  will still be responsible for payment of  all  purchases, cash

6 

 
 
 
 
 
 
 
 
 
 
advances, INTEREST CHARGES and fees incurred or obtained by the Authorized User. W e may 
close  your  existing  Account  and  issue  you  a  new  Card  and  account  number.  You  and  each 
Authorized User agree that we may report Account information to Consumer Reporting Agencies 
in the names of both you and the Authorized User. 

Lost or Stolen Card. If you notice the loss or theft of your Card or a possible unauthorized use of 
your Card, you should write to us immediately at: Continental Finance, P.O. Box 8099, Newark, 
DE  19714-8099, or  call  us  at  1-800-556-5678.   You  will  not  be  liable  for  any  unauthorized use 
that  occurs  after  you  notify  us.  You  may,  however,  be  liable  for  unauthorized  use  that  occurs 
before your notice to us. In any case, your liability will not exceed $50.  In New York, you will not 
be liable for unauthorized use of the Card that occurs prior to the Effective Date. 

Refusals  to  Honor  Card/Rejection  of  Transactions. W e  are  not  responsible  if  any  financial 
institution, merchant, or  other person refuses to  honor  your Card.   Except as otherwise required 
by law or regulations, we will not be responsible for merchandise or services purchased through 
your Card.  Also, we may reject any transaction for any reason. 

USING YOUR ACCOUNT 

Accessing Your Credit Line.  You can  use  the Card  and  your Account to make purchases and 
obtain cash  advances. Upon  your  request,  you  may  be  assigned a  PIN. If  a  PIN  is  assigned to 
you,  you  may  obtain  a  cash  advance  at  any  authorized  ATM  that  bears  the  MasterCard®
acceptance mark by using the Card and PIN.   You should keep your PIN secure and not write it 
down, give it to anyone or keep it with your Card.  Contact us immediately if someone has gained 
unauthorized access to your Card(s). 

Understanding Your Credit Limit. Your “Credit Limit” is the maximum amount of credit we have 
approved for your Account. The amount of your Credit Limit is disclosed in the “Account Opening 
Disclosures”  section  of  this  Agreement  and  on  your  Monthly  Billing  Statements.  You  are 
responsible for keeping track of  your Account balance and  your Credit Limit.   Your balance may 
not  exceed  your  Credit  Limit  at  any  time.  Decisions  on  Credit  Limit  Increases  will  be  in 
accordance  with  federal  law.  We  reserve  the  right  to  approve  or  deny  authorizations  or 
transactions from any merchant at our sole discretion. 

Network Outages.   From time to time, due to circumstances beyond our control (such as fires, 
floods, earthquakes and  other  natural disasters and  unpredictable events),  our  services may be 
unavailable.  We will not be responsible or liable if this happens. 

UNDERSTANDING YOUR PAYMENTS 

Your Promise to Pay, Cut-Off Time, Form of Payments.  You promise to pay to us all amounts 
advanced to  you as  a purchase or a  cash advance (including amounts advanced for Authorized 
Users)  under  this  Agreement,  plus  all  INTEREST  CHARGES  and  Fees  assessed  on  those 
amounts and all other charges, costs, and fees which are applied to your Account.  All payments 
must be made in U.S. dollars, and all checks or other items tendered in payment must be drawn 
on  United States financial institutions.   Payments must  be made to  Continental Finance at  the 
address  shown  on  the  Monthly  Billing  Statement  (“Mail  Payments  To”  address”)  and  must  be 
received by Continental Finance no later than 5:00 p.m., prevailing Eastern Time on the date on 
which they are due.  Payments made at a branch or office of Mid America Bank & Trust Company 
or Continental Finance prior to the close of  business at the branch or office shall be considered 
received on the day the payment is made at such location. 

Payment Due Date. The Payment Due Date will be at least twenty-five (25) days after the Billing 
Cycle  closing  date  (“Payment Due  Date”).  Payments  will  be  credited  to  your  Account  as  of  the 
day of receipt if they are made in accordance with our instructions.  Your Payment Due Date will 
always be  the same day  each month.   If  the  Payment Due  Date falls on  a  weekend, holiday or 
other  day  on  which  we  do  not  receive  payments,  the  Minimum  Payment  Due  plus  any  other 
payment must be received no later than 5:00 p.m. prevailing Eastern Time on the next business 
payments.
day 

receive 

we 

7 

 
 
 
 
 
 
 
 
 
 
 
Amount  of  Payment.  You  may  pay  any  or  all  of  the  amounts  you  owe  at  any  time  without 
penalty,  but  you  must  pay  at  least  the  Minimum  Payment  Due  each  month  on  or  before  the 
Payment Due Date. 

Minimum Payment Due: 
     If  the  New  Balance  shown  on  your  Monthly  Billing  Statement  is  less  than  or  equal  to 

$35.00, the Minimum Payment Due equals the New Balance. 

     If  your New Balance exceeds $35.00, the Minimum Payment Due equals the greater of 
4.00%  of  the  New  Balance  or  $35.00,  plus  any  Late  Payment  Fee  assessed  in  the 
current Billing Cycle plus any past due amounts, not to exceed your Account balance. 

Applying  of  Payments.  Payments  in  excess  of  the  Minimum  Payment  Due  are  applied  in 
accordance with law. 

Availability of Credit and Payment Holds. Generally, payments are credited to your Account on 
the day they are received.  Depending on the payment amount and/or how long your Account has 
been opened, and if  you have previously made a payment that was not honored for any reason, 
such payment will not increase your credit availability until we are assured that the paym ent has 
not  been  dishonored.    This  payment hold  will  take  up  to  seven  (7)  days.  If  you  use  a  payment 
service provided by a third party to deliver your payment to us, that third party may charge you a 
fee  for  such  service;  such  third  party  fees  will  not  be  billed  to  your  Account.  Credit  to  your 
Account  may  be  delayed  up  to  five  (5)  days  if  payment  is  (a)  not  received  at  the  Payment 
Address  or  (b)  not  accompanied  by  the  payment  coupon  portion  of   your  Monthly  Billing 
Statement.   Delayed  crediting  may  result  in  late  fee  and  additional  interest  charges  and  fees 
being applied to your Card. 

Direct Debit. You may choose, subject to our approval, to make a payment by means of a direct 
debit  or  charge  to  any  deposit,  savings,  or  credit  account  of  yours  (“Payment  Account”).  By 
requesting that  we  process  a  payment by  direct  debit  or  charge  to  your  Payment  Account,  you 
hereby  authorize  us,  at  our  option,  to  debit  your  Payment  Account  by  means  of  an  electronic 
transaction  or  to  submit  a  paper  check  or  draft  to  your  financial institution, consistent  with  your 
instructions. 

Electronic Check Presentment. If  you pay by check, you are authorizing us to  use information 
on  your  check  to  make  a  one-time electronic  debit  from  your  account  at  the  financial  institution 
indicated on  your check. This electronic debit will be for the amount of  your check; no additional 
amount will be added to the electronic debit.  W e will process your payment using the Automated 
Clearing House (“ACH”) system.   Electronically processed and/or presented checks (and checks 
presented electronically) are not returned to you by your financial institution, bank or credit union. 
We will retain an image of your electronically processed check as required by law.  A copy of the 
check can also be retrieved by contacting your financial institution. Please contact the Customer 
Service  Department  at  the  telephone  number  on  your  Monthly  Billing  Statement  to  learn  about 
other payment options. 

Irregular Payments and  Delay in  Enforcement, Waivers  and  Releases. W e may accept  late 
payments, partial payments, checks, and money orders marked “paid in full” or language having 
the  same  effect,  without  losing  any  of  our  rights  or  legal  defenses.  All  written  communications 
concerning disputed  amounts,  including  a  check  or  other  payment  instrument that  (a)  indicates 
that  the  payment  constitutes  “payment  in  full”  or  is  otherwise  tendered  as  full  satisfaction  of  a 
disputed  amount,  or  (b)  is  tendered  with  other  conditions  or  limitations,  must  be  marked  or 
delivered to  us  at  the  address for  billing  inquiries  shown  on  your  Monthly Billing  Statement, not 
the  payment  address.    You  waive  presentment  for  payment,  notice  of  non-payment,  and  you 
agree to any extensions of time of payment and partial payment before, at, or after maturity. 

MONTHLY BILLING STATEMENTS, OTHER INFORMATION AND COMMUNICATION FROM 
US 

When We Send Monthly Billing Statements. W e will promptly send a Monthly Billing Statement 
at the end of each monthly Billing Cycle if your Account has a debit or credit balance greater t han 
$1.00 or if an INTEREST CHARGE or Fee has been imposed.

8 

 
 
 
 
 
 
 
 
Where We Send Your Monthly Billing Statement. We will send Monthly Billing Statements and 
any other notices to you at the address shown in our files. You agree to notify us promptly of any 
change in  your address. We may accept address changes or corrections from the United States 
Postal Service. We may also mail Monthly Billing Statements and other communications to you at 
any address we determine to be an address at which you can receive mail. If you elect to receive 
Monthly Billing Statements and other communications electronically, we may send those Monthly 
Billing Statements and communications as directed by you. 

Understanding Your  Monthly  Billing  Statement.  The  Monthly  Billing  Statement  will  show  the 
Previous Balance, purchases and cash advances posted during the Billing Cycle, any INTEREST 
CHARGES,  Fees  and  Other  Charges,  and  all  payments,  debits,  and  credits  to  your  Account 
through the Billing Cycle Closing Date. It  will also show, among other things,  your New Balance, 
the  Minimum  Payment Due,  and  the  Payment Due  Date  (which  will  be  at  least  twenty-five (25) 
days after the Billing Cycle Closing Date and will be the same day every month). 
You agree to review your Monthly Billing Statement promptly and to report any erroneous entries 
on such statement.  You are obligated to report erroneous entries within 30 days after we mail or 
otherwise make the statement available to  you.   If  you do not report the erroneous entries within 
the timeframe, the entries on  your statement and the corresponding balance will be presumed to 
be correct.  This means we will have no liability to you for transactions appearing on your Monthly 
Billing  Statement.   If  you  dispute  a  transaction made  by  you  or  someone else  on  your  Account 
and we later credit your Account for all or part of the disputed amount, you will give us all of your 
rights against that other person.  You also agree to give us any merchandise associated with the 
disputed transaction and to help us in our efforts to seek reimbursement (including, but not limited 
to, providing documents). 

Your Consent to  Automated-Dialer and Prerecorded Calls and Text Messages. By providing 
us with a telephone number(s),  at the time  you applied or anytime thereafter,  you authorize Mid 
America Bank & Trust Company and its affiliates, agents and independent contractors, to contact 
you regarding your account at such number using any means of communication, including, but not 
limited to calls placed to your cell, mobile or other phone using an automated dialing service, pre-
recorded  messages  or  text  messages.    Standard  text  messaging  and/or  calling  charges  may 
apply. 

E-mail.  By  providing  us  with  your  e-mail  address,  you  agree  to  receive  correspondence 
electronically from us and our affiliates and service providers. W e may communicate with you by 
e-mail for any lawful or business purpose. 

DEFAULT PROVISIONS 

Events of Default. You will be in default of this Agreement if any of the following occur on this or 
any other Account you have with us: 

     You  do  not  pay  at  least  the  Minimum  Payment  Due  on  your  Account  on  or  before  the 

Payment Due Date. 

     You die or become legally incompetent. 
     A bankruptcy or other insolvency proceeding is filed by or against you. 
     You exceed or attempt to exceed your Credit Limit. 
   You  provide  us   with  or  have  provided  us  with  false  or  misleading  information  or 

signatures at any time. 

     You fail to comply with this Agreement. 
   You fail to make any payment or perform any promise in any agreement or obligation you 

have with us. 

     Any judgment, lien, attachment or execution is issued against you or your property. 
     You request an excessive number of replacement Cards. 
     We reasonably believe you will not pay amounts owed to us for any reason. 
     You permanently reside outside of the United States 

If  You  Are In Default: Upon  your default of  this Agreement, we have all remedies provided by 
law including, without limitation, and without prior notice or demand, the right to: 

     Deny use of your Account. 
     Close or refuse to renew your Account. 
     Demand the return of your Card(s). 

9 

 
 
 
 
 
 
 
 
     Declare your entire balance immediately due and payable.

10 

 
     Increase your Minimum Payment 
     Initiate collection activity. 
     Not replace your Card(s). 
     Lower your Credit Limit 
     Pursue any action against you the law allows 

Collection  Costs.  To  the  extent  permitted by  law,  you  must  pay  all  court  and  collection  costs, 
including reasonable attorneys’ fees  that  we  occur  as  a  result  of  your  default.  A  contingency or 
hourly arrangement established by us with an attorney or collection agency to collect an Account 
in default is presumed prima facie reasonable. 

CLOSING YOUR ACCOUNT 

We  May  Close  or  Suspend  Your  Account.  We  may  terminate  your  privileges  under  this 
Agreement or  cancel or  limit  your privileges to make purchases or  obtain cash  advances at any 
time, with or without cause, subject to applicable notice requirements. 

You May Close Your  Account. You may terminate your Account at any time by notifying us by 
telephone or in writing. 

Whether your  Account was  terminated by us  or  by  you,  you promise that any amounts that  you 
owe  us  at  the  time  of  termination,  plus  any  new  purchases  or  cash  advances,  as  well  as  any 
INTEREST  CHARGES,  Fees  and  Other  Charges  that  will  continue  to  be  imposed  at  the  rates 
specified in this Agreement, will be repaid according to this Agreement.   You agree that  you will 
not  try  to  make  any  purchases  or  obtain  cash  advances  after  you  have  been  notified  that  your 
privileges to use your Account have been canceled. You may terminate this Account at any time. 
In order to terminate your Account, you must give us written notice of your intent to terminate your 
Account  at  the  address  for  inquiries  shown  on  your  Monthly  Billing  Statement,  and  pay  your 
outstanding balance  in  full.  Your  notice  of  termination will  become effective  as  soon  as  we  can 
reasonably  act  on  it.  If  you  request  that  we  terminate  your  Account,  but  do  not  pay  your 
outstanding balance in full, your credit privileges will be terminated. 

Account  Non–Use,  Inactivity  and/or  Closure.  If  you  have  not  made  a  payment  or  used  your 
Account for a purchase or cash advance, your Account will be automatically closed, and all fees 
posted to your Account will be reversed, when your Account cycles for the second time. 

Refund Disclosure. W e will refund  your  initial fees (those that  are  billed at  the  time of  account 
opening) if (1) you have not used your Card for a purchase or cash advance; and (2) you notify us 
within 60 days of opening your Account that you wish to close your Account. 

OTHER TERMS AND CONDITIONS 

Deposit.  If  your  Account  is  required  to  be  secured  by  a  Deposit  Account,  your  deposit  will  be 
maintained at  a  financial institution of  our  choice. Additional terms and conditions governing the 
Deposit Account are explained elsewhere in this Agreement. 

Binding Effect Upon Death or Incompetency. If we pay a merchant or financial institution for a 
purchase or post a cash advance to your Account before we receive actual written notice of your 
death  or  incompetence, or  if  we  pay a  merchant or  financial institution for  a  purchase made  by 
you  or  post a  cash advance taken by  you  prior  to  your death  or  incompetence, that  transaction 
will  be  a  valid  and  binding  Account  obligation  upon  you,  your  estate  and  your  personal 
representatives. 

Our Liability To You. Neither MABTC nor Continental Finance will have any liability to you other 
than  as  provided  in  the  Agreement  and  these  terms  and  conditions.    Unless  imposed  by  law, 
neither MABTC nor Continental Finance will be liable for any indirect, punitive, incidental, special 
or consequential loss or damages with respect to this Agreement. 

Notices.   W e  will  send  Monthly Billing Statements and  any  other  notices to  you  at  the  address 
shown in our files. If you choose to receive Monthly Billing Statements electronically, we will send

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
them and any other notices to you at the email address shown in our files. You promise to inform 
us  promptly in  writing of  any  change  in  your  address  or  email  address.  Any  written  notice  from 
you to us must be sent to us at Continental Finance, P.O. Box 8099, Newark, DE 19714-8099 
or to such other address as we may give you, and shall be effective when received by us at such 
address.   In  determining  your  last  known  address,  we  can  accept  address  corrections received 
from the U.S. Postal Service. 

Credit Limit Increases. Your Account will be periodically reviewed for a Credit Limit Increase in 
accordance  with  applicable  law  after  your  Account  has  been  open  for  at  least  12  months.    In 
order to receive a Credit Limit Increase, you must qualify for and elect to receive such increase. 
Each  Credit  Limit  Increase  may  vary  in  size  but  will  be  subject  to  a  maximum  Credit  Limit  of 
$2,000.00.   Each Credit Limit Increase will appear on  your Account no later than one (1) month 
after you have qualified for such increase.  We may change the criteria applied to determine your 
eligibility  for  a  Credit  Limit  Increase  at  any  time  in  our  sole  discretion  in  accordance  with 
applicable  law.   In  addition,  we  may  elect,  in  our  sole  discretion,  to  modify  or  discontinue  the 
practice of granting Credit Limit Increases. 

Foreign Currency Conversion Rate.   If  you effect a transaction at a  merchant that settles in  a 
currency other than  U.S.  dollars, the  transaction amount  will  be  converted into  U.S.  dollars  at  a 
government-mandated exchange rate, or a wholesale exchange rate. The government-mandated 
exchange rate or wholesale exchange rate is the rate selected for the applicable currency on the 
day the transaction is processed, which may differ from that applicable to the date the transaction 
occurred or when it is posted to your Account. 

Call Monitoring/Recording. You authorize us and any third party servicing your Account to listen 
to  and  record  telephone calls  with  you  to  evaluate the  quality of  service  or  for  any  other  lawful 
purpose, if permitted under applicable law. 

Sale/Assignment/Transfer.  W e may sell, assign, or  transfer all or  any portion of  your Account 
or any balances due under your Account without prior notice to  you. You may not sell, assign, or 
transfer your Card or your Account or any of your obligations under this Agreement. 

Use  of  Information  about  You  and  Your  Account.    Because  you  applied  for  a  Card,  we  are 
entitled under applicable law, including the Fair Credit Reporting Act, to obtain information about 
you  from  a  credit  reporting  agency.  We  may  also  verify  your  credit  references  and  other 
information that  you  provide to  us. We may obtain  updated or  additional information about  you, 
including consumer reports, from time to time for any legitimate purpose including, but not limited 
to, the extension of credit to  you or the review or collection of  your Account.  We will report late 
payments, missed payments, or other defaults on your Account to credit bureaus. 

You  understand  to  prevent  the  funding  of  terrorism  and  money  laundering,  the  United  States 
Government requires financial institutions obtain, verify and retain certain cardholder information, 
such as your name, address, date of birth and other identifying information including your driver’s 
license  or  other  government-issued ID,  to  allow  us  to  confirm  your  identity.   We  will  retain  this 
information.  W ith  respect  to  information  about  you  and  your  Account  that  is  covered  by  our 
privacy policy, we will use such information in accordance with the terms of the Privacy Policy. 

How  to  Contact  Us.    For  general  inquiries  we  can  be  reached  in  writing  at:  Continental 
Finance,  P.O.  Box  8099,  Newark,  DE  19714-8099.  Or,  you  can  call  our  Customer  Service 
Department  at  1-866-449-4514.  Automated  Account  information  is  available  24  hours  a  day,  7 
days a  week with representatives available Monday – Friday between the hours of  7:00 a.m. to 
10:00 p.m. and Saturday between the hours of 9:00 a.m. to 1:00 p.m., Eastern Time.   Payments 
should be mailed to the address listed on your Monthly Billing Statement. 

YOUR BILLING RIGHTS 
KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement.

12 

 
 
 
 
 
 
 
 
 
 
 
If you think there is an error on your statement, write to us at: 
Continental Finance, 
P.O. Box 8099, 
Newark, DE 19714-8099 

In your letter, give us the following information: 

     Account information: Your name and account number. 
     Dollar amount: The dollar amount of the suspected error. 
   Description  of  problem:  If  you  think  there  is  an  error  on  your  bill,  describe  what  you 

believe is wrong and why you believe it is a mistake. 

You must contact us: 

     Within 60 days after the error appeared on your statement. 
   At least 3 business days before an automated payment is  scheduled, if you want to stop 

payment on the amount you think is wrong. 

You must notify us of any potential errors in  writing.   You may call us, but if  you do  we are not 
required to investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter? 
When we receive your letter, we must do two things: 
1. W ithin 30 days of receiving your letter, we must tell  you that  we received your letter. W e will 
also tell you if we have already corrected the error. 

2. Within  two  billing  cycles,  but  no  later  than  90  days,  of  receiving  your  letter,  we  must  either 
correct the error or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

   We  cannot  try  to  collect  the  amount  in  question,  or  report  you  as  delinquent  on  that 

amount. 

   The charge in question may remain on  your statement, and  we may continue to  charge 

you INTEREST CHARGES on that amount. 

   While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the 

remainder of your balance. 

     We can apply any unpaid amount against your Credit Limit. 

After we finish our investigation, one of two things will happen: 

     If  we  made  a  mistake:  You  will  not  have  to  pay  the  amount  in  question  or  any 

  

INTEREST CHARGES or other fees related to that amount. 
If we do not believe there was a mistake: You will have to pay the amount in question, 
along  with applicable interest and fees. W e will send  you a  Monthly Billing Statement of 
the amount you owe and the date payment is due. W e may then report you as delinquent 
if you do not pay the amount we think you owe. 

If  you  receive  our  explanation but  still  believe  your  bill  is  wrong,  you  must  write  to  us  within  10 
days  telling  us  that  you  still  refuse  to  pay.   If  you  do  so,  we  cannot  report  you  as  delinquent 
without also reporting that you are questioning your Monthly Billing Statement.  We must tell  you 
the name of anyone to whom we reported you as delinquent, and we must let those organizations 
know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you 
question even if your bill is correct. 

Your Rights if You Are Dissatisfied With Your Credit Card Purchases. 
If you are dissatisfied with the goods or services that you have purchased with your Card and you 
have tried in  good faith to  correct the problem with the merchant, you may have the right not  to 
pay the remaining amount due on the purchase. 
To use this right, all of the following must be true:

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
1.    The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of  your 
current mailing address, and the purchase price must have been more than $50. (Note: 
Neither  of  these  are  necessary  if  your  purchase  was  based  on  an  advertisement  we 
mailed to you, or if we own the company that sold you the goods or services.) 

2.    You must have used  your  Card for the  purchase. Purchases made with cash advances 

from an ATM or with a check that accesses your Account do not qualify. 

3.    You must not yet have fully paid for the purchase. 

If  all of  the criteria above are met and  you are still dissatisfied with the purchase, contact us  in 
writing at: 

Continental Finance, 
P.O. Box 8099, 
Newark, DE 19714-8099 

While we investigate, the same rules apply to the disputed amount as discussed above. After we 
finish our investigation, we will tell you our decision.  At that point, if we think you owe an amount 
and you do not pay, we may report you as delinquent. 

STATE DISCLOSURES 

California Residents. A married applicant may apply for a separate Account. As required by law, 
you  are  hereby  notified  that  a  negative  credit  reporting  reflecting  on  your  credit  record  may  be 
submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. 
After credit approval, each applicant shall have the right to use the Account up to the limit of the 
Account. Each applicant may be liable for amounts extended under the plan to any joint applicant. 

Delaware Residents. Service charges not in excess of those permitted by law will be charged on 
the outstanding balances from month to month. 

Kentucky Residents. You may pay the unpaid balance of your Account in whole or in part at any 
time. 

Missouri Residents.  Credit card fees are governed by MO.Rev.Stat § 408.145. 

New  York  and  Vermont  Residents.  We  may  obtain  a  consumer  report  for  any  legitimate 
purpose  in  connection  with  your  Account  or  your  application,  including  but  not  limited  to 
reviewing, modifying, renewing and collecting on your Account. Upon your request, we will inform 
you  of  the  names and  addresses of  any Consumer Reporting Agencies that  have  furnished the 
reports. New  York  residents may contact the New  York  State Banking Department (1-877-226- 
5697) to obtain a comparative list of credit card rates, fees and grace periods. 

Ohio  Residents.  The  Ohio  laws  against  discrimination  require  that  all  creditors  make  credit 
equally available to all credit worthy customers, and that Consumer Reporting Agencies maintain 
separate  credit  histories  on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law. 

Married  Wisconsin  Residents.  No  provision  of  any  marital  property  agreement,  unilateral 
statement,  or  court  order  applying  to  marital  property  will  adversely  affect  a  creditor’s  interests 
unless prior to the time credit is granted, the creditor is furnished with a copy of  the agreement, 
provision.
statement, 

knowledge 

actual 

order, 

court 

that 

has 

or 

or 

of 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT 

The following additional terms apply in connection with your Deposit Account. 

Deposit.  An  initial  Deposit  Account  balance  is  needed  to  open  your  Account.  This  amount  is 
printed  in  the  application  decision  letter  and  must  be  paid  by  one  of  the  payment  methods 
contained  in  such  letter.  You  may  make  additional  deposits  to  your  Deposit  Account  up  to  a 
maximum Deposit Account balance of  $2,000 after the Account has  been open  for  90 days and 
we  have  received at  least  three timely minimum monthly payments, we  will  increase  your  credit 
limit to the amount of your Deposit Account balance. Any non-cash items tendered for deposit will 
be given only provisional credit until collection is final. Deposit funds may be held up to 10 days. 
We are not responsible for transactions initiated by mail or outside depository institutions until we 
actually receive them.  We will treat and record all security deposit funds received after our “daily 
cutoff  time”  on  a  Business  Day  we  are  open,  or  received  on  a  day  that  we  are  not  open  for 
business, as if initiated on the following Business Day that we are open. 

Withdrawals.  Since  this  Deposit  Account  is  collateral  for  your  Account,  withdrawals  are  not 
permitted from this Deposit Account while there remains an outstanding balance on  your Account 
or while  you retain possession of any Card. If  your Account is cancelled either by  you or us, we 
have ninety (90) days from the earlier of the date of the return of your Card or the expiration date 
of  the  Card  for  all  charges made  on  the  Card  to  clear. When  we  receive  payment in  full  under 
your  Account,  and  upon  the  expiration  of  this  period,  we  will  remit  to  you  the  full  amount 
remaining in your Deposit Account. 

Applicable  Law.  Your  Deposit  Account  and  any  claim,  dispute,  or  controversy  arising  from  or 
relating  to  this  Agreement  or  your  Deposit  Account,  are  governed  by  and  interpreted  under 
federal law and construed in accordance with the laws of the State of  Missouri (without applying 
its    choice-of-law    rules).    The    formation,    legality,    enforceability,    and    interpretation    of    this 
Agreement, and any amounts contracted for, charged and received under this Agreement, will be 
governed  by  such  laws.  This  Agreement  is  entered  into  between  you  and  us  in  Missouri, 
regardless of the state of your residence.  Our decisions regarding the Deposit Account are made 
in  the  State  of  Missouri.   Federal and  Missouri  law  will  also  apply to  any controversy, claim,  or 
dispute  arising  from  or  relating  in  any  way  to  the  subject  matter  of  this  Agreement  and  your 
Deposit Account, including, without limitation, statutory, equitable, and tort claims. 

Bankruptcy.  If  you  become  a  debtor  in  any  proceeding  under  the  United  States  Bankruptcy 
Code,  you  agree  that  you  will  recognize  us  as  a  perfected  secured  creditor  with  respect  to  the 
Deposit  Account  and  that  you  will  declare  the  Deposit  Account  as  exempt property  pursuant to 
the provisions of the United States Bankruptcy Code or applicable State exemption laws. 

Amendments.  We  may  amend  the  terms  and  conditions  applicable  to  your  Deposit  Account 
separately  from  the  remainder  of  this  Agreement  at  any  time  with  reasonable  written  notice  to 
you, as required by law. 

Assignments  Prohibited.    You  may  not  assign  the  Deposit  Account  to  anyone  other  than  us 
without our prior written consent. 

Pledge  Agreement. As  a  security for  the  payment of  all  credit extended through  your  Account, 
you pledge to, and grant Continental Finance, its successors and assigns, a security interest in all 
funds now and hereafter deposited in  your Deposit Account. You authorize us to unconditionally 
restrict withdrawals from  your Deposit Account. If  your Account is in default or if  your Account is 
terminated  for  any  reason,  we  may  at  any  time  thereafter,  and  without  notice  to  you  (unless 
otherwise  required  by  law),  apply  all  or  part  of  the  funds  in  your  Deposit  Account  as  a  credit 
toward  any  and  all  amounts owed  on  your  Account.  We may also  exercise  any  other  remedies 
under  the  terms  of  this  Agreement  or  otherwise  legally  available.    After  the  Account  has  been 
closed  and  you  have  returned  any  Card(s)  to  us,  and  there  are  no  amounts  owed  under  this 
Agreement, we may hold the funds in the Deposit Account until the earlier of the following:  (1) we 
in our discretion, close the Deposit Account and return any remaining funds to you; or (2) within 
15 days after we receive a written request from you to return any funds remaining in the Deposit 
Account.

15 

 
 
 
 
 
 
 
 
 
TRUTH IN SAVINGS DISCLOSURE –  DEPOSIT ACCOUNT 

FDIC Insured.  This deposit account  will be held at  an FDIC insured financial institution and  will 
receive the benefit of FDIC insurance. 

Rate Information. This is a non-interest bearing Deposit Account. The Interest Rate and Annual 
Percentage Yield is 0%.  No interest accrues on the Deposit Account. 

Minimum  Balance  Limitations.  The  minimum  balance  to  open  the  Deposit  Account  is  the 
amount printed in the application decision letter. Once your balance reaches the required amount, 
your Account will be opened. We must receive the entire amount within 30 days from the date we 
received your application, or any money applied to your Deposit Account will be refunded. 

Transaction  Limitations.  No  withdrawals  will  be  permitted  from  your  Deposit  Account  while 
there  remains  a  balance  on  your  Account  or  while  you  retain  possession  of  the  Card.  The 
maximum amount of funds that may be deposited into this Deposit Account is $2,000.00. Deposit 
amounts and the corresponding methods of payment will be disclosed in the application decision 
letter. Deposit funds may be held for up to 10 days, which will delay the opening of your Account. 

Fees.  No fees are charged in connection with the Deposit Account. 

ARBITRATION PROVISION 

PLEASE  READ  CAREFULLY: This  Arbitration  Provision waives  any  right  to  file  claims  in 
court,  other  than  a  small  claims  court,  or  to  participate  in  a  class  action  or  other 
consolidated proceeding. 

Unless  you opt out of this Arbitration Provision in the manner set forth below in  subpart (o),  any 
claim that arises out of or in any way relates to the Agreement, your Account, or  this Arbitration 
Provision shall be resolved exclusively by binding bilateral arbitration in accord with the following: 

a)   This  Arbitration Provision  is  contained  in  a  contract  evidencing  interstate  commerce and  is 

governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. 

b)    Arbitration  shall  be  administered  by  the  American  Arbitration  Association  (“AAA”)  and 
conducted by a single arbitrator using the applicable rules and procedures established by the 
AAA for expedited consumer arbitration. To the extent any of the AAA’s rules and procedures 
contradict the express terms of the Arbitration Provision, the Arbitration Provision shall control 
and the contradictory portions of the AAA’s rules and procedures shall not apply. 

c)    The Arbitrator shall enforce the Applicable Law provisions in the Agreement and shall honor 
applicable statutes of  limitations and claims of  privilege. The arbitrator may award any relief 
available under applicable law. 

d)   Any arbitration hearing or proceeding shall be held in the county of your residence unless you 

and we agree otherwise. 

e)   The   Arbitrator   has   no   authority   to   conduct   class,   joint,   or   consolidated   arbitration 
proceedings.  The  arbitrator  may  only  conduct  arbitration  and  resolve  claims  on  a  bilateral 
basis. 

f)  Regardless of  who  asserts  a  claim[s], we  shall  advance  your  portion of  the  arbitration filing 
and  hearing fees.  If  we  prevail in  arbitration, the  arbitrator may require  you  to  reimburse us 
for any filing and hearing fees that  we advanced on  your behalf provided that the total filing 
and  hearing  fees  paid  by  you  shall  not  exceed  the  court  costs  you  would  have  paid  in  a 
comparable  state  court  action.  This  subpart  (f)  shall  not  affect  attorney’s  fees  or  costs,

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
including  witness  or  expert  witness’  fees  or  costs.  You  shall  be  responsible  for  your  own 
attorney’s fees and costs. 

g)   If permitted by applicable law, the arbitrator may award reasonable attorney’s fees and costs 

to the party who substantially prevails in arbitration. 

h)   In the event the  AAA or its rules and procedures are unavailable for any reason,  you or  we 
may  ask  a  court  to  appoint  a  substitute  arbitrator  to  arbitrate  under  comparable  rules  and 
procedures.  The  unavailability  of  the  AAA  or  its  rules  and  procedures  shall  not  render  the 
Arbitration Provision unenforceable. 

i)  The  Arbitration  Provision  covers  any  claim  arising  out  of  or  in  any  way  relating  to  the 
Provision  itself.  All  issues  of  arbitrability  must  be  arbitrated,  including  but  not  limited  to 
whether the Provision is enforceable or applicable. 

j)  The Arbitration Provision remains in full force and effect unless you opt out of the Provision in 
accord with subpart (o) or  you and  we otherwise agree in  writing to set the Provision aside. 
The  Provision survives, for  example but  without  limitation, the  cancellation or  termination of 
the  Agreement or  your  Account,  the  satisfaction of  any  obligations  under  the  Agreement or 
your  Account,  the  transfer,  sale,  or  assignment  of  the  Agreement  or  your  Account  or  any 
rights under either, and the bankruptcy of any party. 

k)    Each of the following persons or entities is an intended beneficiary of the Arbitration Provision 
and  may  enforce  the  Provision  in  full  with  respect  to  any  claims  between  such  persons  or 
entities on the one hand and  you on the other hand that arise out of or in any way relate to 
the  Agreement  or  the  Provision:  Continental  Finance  Company  and  any  of  its  or  our  past, 
present,  and  future  employees,  agents,  principals,  representatives,  directors,  officers, 
shareholders,  governors,  managers,  members,  parent  companies,  subsidiaries,  affiliated 
entities,    partners,   licensees,   attorneys,   predecessors,   successors,   joint    venturers, 
contractors, assigns, designees, servicers, and “service providers” (defined as any third party 
providing us or any of the foregoing entities or persons any goods or services that arise out of 
or in any way relate to the Agreement or the Provision). 

l)  The  Arbitration  Provision  may  be  enforced  by  or  against  any  person  or  entity  purporting  to 
bring claims on  your behalf, including but  not  limited to any agent, representative, guardian, 
or  trustee.  The  Provision  may  also  be  enforced  by  or  against  any  person  or  entity  who 
acquires  any  right  or  interest  that,  but  for  the  transfer  of  the  right  or  interest,  would  have 
belonged to us or an intended beneficiary of the Provision. 

m)  You  and  we  shall  retain  the  right  to  bring  in  the  small  claims  court  for  the  county  of  your 
residence any claims that are within the small claims court’s jurisdiction. Any appeal or other 
review  of  a  small  claims  court  judgment  or  order  shall  be  undertaken  exclusively  by 
arbitration in accord with the Arbitration Provision. 

n)   With   the   exception   of   subpart   (e),   if   any   part   of   the   Arbitration   Provision  is   found 
unenforceable, subject to any rights to judicial and/or appellate review the offending part shall 
be severed and the balance of the Provision shall remain in effect and shall be construed in 
light  of  the  express intent  of  you  and  us  to  resolve all  claims on  a  bilateral basis  in  binding 
arbitration. If a final, non-appealable court judgment finds that subpart (e) is unenforceable or 
cannot be given effect, the entirety of the Arbitration Provision shall be null and void. 

o)    You may opt out of this Arbitration Provision by sending written notice to us of  your decision 
to  opt  out.  Notice  must  be  sent  by  United  States  Postal  Certified  Mail,  Return  Receipt 
Requested,  to  the  following  address:  Mid  America  Bank  &  Trust  Company,  c/o  Continental 
Finance Company, P.O. Box 8099, Newark, DE 19714-8099. The notice must be postmarked

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no later than 30 days after the date of your Agreement. You must retain proof of receipt. Your 
decision to  opt  out  will  not  affect our  decision to  continue to  extend credit to  you  under  the 
Agreement. 

MasterCard® and the MasterCard acceptance mark and service marks used by Mid America 
Bank & Trust Company under license from MasterCard International. 

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