Credit Card Agreement for 
Consumer Credit Cards issued 
by M&T Bank, N.A. 

8/27/11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following Disclosures apply to M&T Bank, N.A.’s M&T Visa® Credit Card, M&T Visa® Credit Card 
with Rewards, and M&T Visa® Signature Credit Card accounts, and are provided as required by law. 

Interest Rates and Interest Charges 
Annual Percentage Rate (APR) 
for Purchases 

Each of these APR’s will vary with the market based on the Prime Rate: 
M&T Visa® Credit Card Accounts, between 9.24 - 16.24% based on your 
creditworthiness. 

M&T Visa® Credit Card with Rewards Accounts, between 11.24 - 18.24% 
based on your creditworthiness. 

M&T  Visa®  Signature  Credit  Card  Accounts,  between  11.24  -  18.24% 
based on your creditworthiness.  
0.00% Introductory APR for 12 billing cycles.  After that the APR depends on the 
type of credit card account you get and will vary with the market based on the Prime 
Rate: 

M&T Visa® Credit Card Accounts, between 9.24 - 16.24% based on your 
creditworthiness.  

M&T Visa® Credit Card with Rewards Accounts, between 11.24 - 18.24% based on 
your creditworthiness.   

M&T Visa® Signature Credit Card Accounts, between 11.24 - 18.24% based on 
your creditworthiness.  
22.24%.  This APR will vary with the market based on the Prime Rate. 
24.99%  This  APR  may  be  applied  to  your  account  if  your  account  is  past  due  60 
days. 

How Long Will the Penalty APR Apply?  If your APRs are increased, the Penalty 
APR will apply until you make 6 consecutive minimum payments when due. 
Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge  you  any  interest  on  purchases  if  you  pay  your  entire  balance  by  the  due 
date each month.   
To learn about factors to consider when applying for or using a credit card, visit the 
website of the Federal Reserve Board at http://www.federalreserve.gov/creditcard. 

APR for Balance Transfers 

APR for Cash Advances 
Penalty APR and When it 
Applies 

How to Avoid Paying Interest 
on Purchases 

For Credit Card Tips from the 
Federal Reserve Board 

Fees 
Transaction Fees 

Balance Transfer 
Cash Advance 
Overdraft Transfer 
Foreign Transaction Fee 

4% of each balance transfer (minimum $10) 
3% of each transaction (minimum $10) 
$10  
3% of each transaction in U.S. dollars 

Penalty Fees 

Late Payment 
Unpaid Convenience Checks 
Returned Payment 

up to $35 
up to $25 
up to $25 

How We Will Calculate Your Balance:  We use a method called “average daily balance (including new purchases).” 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if you are more than 60 days 
late. 

The information about the costs of the card described in this application is accurate as of (8/27/11).  This information may 
have changed after that date.  To find out what may have changed, call us at (800) 724-2440. 

Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an 
account, including your name, address, date of birth and other information that will allow us to verify your identity. 

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Authorization 
By submitting an application for any M&T Bank, N.A. credit card, you agree that you are at least 18 years old, you are a U.S. 
citizen or permanent resident, you have a valid social security number, and that all information you have provided to us on 
the application or any other document is true and complete. You authorize us to obtain your credit and employment histories, 
and agree that  we may, at any  time, obtain credit reports or any  other information  we feel is necessary in connection  with 
your  application  or  any  audit,  review,  update,  quality  control,  renewal,  extension  or  collection  of  any  credit  extended  as  a 
result of your application. 

You acknowledge that all of the terms provided by these disclosures are subject to change, at our discretion, at any time, and 
agree that if we accept your application, you will comply with all of the terms contained in your M&T Bank, N.A. Credit Card 
Agreement  and  Disclosures  and  Terms  that  we  will  provide  to  you.    You  agree  that  if  you  have  requested  an  M&T  Visa® 
Signature  Credit  Card  and  do  not  meet  all  applicable  requirements,  we  may  issue  you  an  M&T  Visa®  Credit  Card  with 
Rewards. 

Balance Transfers 
We  may  decline  balance  transfer  requests  under  certain  circumstances.  For  example,  if  your  account  is  delinquent  or 
overlimit,  we  may  decline  to  process  your  request.  If  we  do,  we  will  notify  you.  If  you  are  an  M&T  Visa®  Credit  Card 
Customer  or  an  M&T  Visa®  Credit  Card  with  Rewards  Customer,  your  balance  transfer  limit,  including  all  applicable  fees, 
may not exceed the value of your available credit line. If the total balance transfer amount you request exceeds the value of 
your  available  credit  line,  you  authorize  us  to  send  either  full  or  partial  payment  to  your  creditors  in  the  order  you  provide 
them  to  us.    For  M&T  Visa®  Signature  Credit  Card  Customers,  we  may,  at  our  discretion,  process  balance  transfer 
transactions that exceed your available revolving limit. 

Please  review  your  Credit  Card  Agreement  and  Disclosures  and  Terms  when  you  receive  them.    We  will  not  effect  any 
balance transfer you request if you call (800) 724-2440 and withdraw your balance transfer request within 10 days after the 
date the Credit Card Disclosures and Terms are mailed to you. 

Please continue to make your monthly payment on any account from which you are transferring balances until your balance 
transfer  posts  to  your  M&T  Credit  Card  account.    Standard  processing  time  varies,  so  your  balance  transfer may  not  take 
effect before your next cycle. 

Issuing Bank 
As of July 1, 2011, M&T Bank, N.A. changed its name to Wilmington Trust, N.A., a national bank located in Delaware. 

© 2011 M&T Bank N.A. 

8/27/11 

 
 
 
 
 
 
 
 
M&T Bank VISA Credit Card Agreement 

THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION.  YOU MAY REJECT THE ARBITRATION PROVISION IN 
ACCORDANCE WITH THE TERMS OF THE “ARBITRATION” SECTION BELOW. 

This  Agreement  governs  the  use  of  Your  M&T  Visa®  Credit  Card,  M&T  Visa®  Credit  Card  with  Rewards,  or  M&T  Visa® 
Signature Credit Card account with M&T Bank, N.A., 54 Main Street, Oakfield, New York 14125, and it is the contract that 
applies to all transactions on  Your Account even though the sales, cash advance, credit or other slips  You sign or receive 
may contain different terms.  This Agreement is the final expression of the terms and conditions of Your credit card account 
with Us, and it may not be contradicted by evidence of any alleged oral agreement.  If any part of the Agreement conflicts 
with  applicable  law  or  is  determined  by  a  court  to  be  invalid,  this  Agreement  will  be  considered  changed  to  the  extent 
necessary to comply with the law or court decision and the rest will remain in effect.  By applying for or using the Card, You 
agree  that  We  may  provide  Your  personal  data  to  VISA  U.S.A.,  its  members  or  their  agents  for  the  purpose  of  providing 
emergency cash and emergency credit card replacement services.  Please read this Agreement and keep it for Your records.  

Definitions  

In this Agreement, “We,” “Us,” and “Our” mean M&T Bank, N.A., its successors and assigns. “You” and “Your” mean each 
person who signs an application for, or otherwise requests, a credit card account with Us.  “Account” means Your credit card 
account with Us.  “Card” means each credit card or other access device, such as account numbers, We issue to You for Your 
Account.  “Checks”  mean  promotional  cash  advance  or  balance  transfer  checks  and  convenience  checks  We  may  provide 
You from time to time.  “Agreement” means this Agreement and Your “Disclosures and Terms” that were provided with Your 
Card  Carrier,  which  may  be  set  forth  in  two  or  more  documents  that  together  comprise  Your  “Agreement.”    “Transaction” 
means  any  amount  of  credit  obtained  under  Your  Account  for  purchases,  cash  advances,  balance  transfers,  Checks  and 
overdrafts.    “Outstanding  Balance”  means  the  total  dollar  amount  of  Your  obligation  under  this  Agreement  for  all 
Transactions, interest, finance charges, fees, and any other costs.  

Responsibility  

By applying for or using the Card, You accept, agree to, and are bound by these terms and conditions.  You promise to do 
everything this Agreement requires of You, and You promise to pay all amounts due on Your Account.  Your obligation to pay 
the Outstanding Balance continues even though an agreement, divorce decree or other court judgment to which We are not 
a party may direct  You or  one of the other persons responsible  to pay the account.   You agree to  pay each and all of the 
interest, fees and charges described in this Agreement. 

Joint Accounts 

If  Your  Account  is  a  “Joint  Account,”  You  and  Your  Joint  Account  holder  promise  to  pay  and  are  jointly  and  individually 
responsible for all amounts due on the Account.  This means that We can require any one of You individually to repay the 
entire  amount  owed  under  this  Agreement.  Each  of  You  authorizes  the  other(s)  to  make  purchases,  cash  advances,  or 
otherwise access Your Account, individually.  Any one of You may terminate the Account and the termination will be effective 
as to all of You.  You agree not to give Us conflicting directions. 

Authorized User 

If You or Your Joint Account holder lets someone else use the Account (Authorized User), You and any Joint Account holder 
are responsible for all Transactions made by that person, whether or not You have notified Us that the person will be using 
Your Account and whether or not the amount of the actual use exceeds Your permission or was made for Your benefit.  An 
Authorized User will not be responsible for paying the balances due on Your Account.  You cannot disclaim responsibility for 
these charges by notifying Us, but if You write Us at the address or call Us at the telephone number shown on Your billing 
statement and return all Cards and Checks to us, We will close Your Account for new Transactions.  

Using Your Account 

Sign Your Card immediately upon its receipt.  If You do not sign the Card, You will still be obligated to pay amounts incurred 
on Your Account.  The Card may only be used during its validity period, which is printed on the Card. 

Whether  in  person  or  via  mail,  telephone,  internet,  or  any  other  electronic  methods,  You  may  use  the  Card  to  make 
purchases of goods or services from merchants and others who accept VISA Cards.  You may obtain cash advances from 
Us  and  from  other  financial  institutions  that  accept  VISA  Cards,  as  well  as  from  automated  teller  machines  (ATMs)  that 

8/27/11 

accept  VISA  Cards  (but  not  all  ATMs  accept  VISA  Cards.)    To  obtain  cash  advances  from  an  ATM,  You  must  use  the 
Personal  Identification Number (PIN) that is  issued to  You.   You may use Checks to access  Your Account, subject to any 
terms  communicated  to  You  with  the  Checks  in  addition  to  the  terms  of  this  Agreement  (see  below  for  information  about 
Checks).  

If You have an M&T Bank (an affiliate of M&T Bank, N.A.) or M&T Bank, N.A., Interest Checking Account or other Checking 
Account,  You  may  link  the  Checking  Account  (Your  Checking  Account)  to  Your  Account  to  cover  overdrafts  on  Your 
Checking Account.  If  you  ask to link Your Checking Account to  Your Account, You authorize Us to de-link Your Checking 
Account  from  any  other  account  with  M&T  Bank  or  M&T  Bank,  N.A.,  which  currently  may  be  serving  as  an  overdraft 
mechanism.    If  You  have  requested  overdraft  protection  for  Your  Checking  Account,  You  will  obtain  credit  from  Your 
Account,  subject  to  the  Credit  Limit  and  other  provisions  of  this  Agreement  and  the  terms  of  Your  Checking  Account 
Agreement, by any of the following methods: (1) if an M&T Bank or M&T Bank, N.A., Check Card or Visa check card is used 
at an electronic facility  to  make a withdrawal or transfer from Your Checking Account, but the amount of the  withdrawal or 
transfer  exceeds  the  balance  available  for  withdrawal  from  Your  Checking  Account,  We  will  lend  the  excess  under  Your 
Account , (2) if any other amount is sought to be withdrawn from Your Checking Account (for example, by a check or to pay a 
service charge or other fee charged against Your Checking Account) but exceeds the balance available for withdrawal from 
Your Checking Account, We will lend the excess under Your Account, (3) if at any banking office of M&T Bank or M&T Bank, 
N.A., You cash a check or other item but the check or other item is not paid by the financial institution on which it is written, 
the  amount of the check or other  item will  be considered to have been lent under  Your  Account, and (4)  if any  transfer or 
other transaction made or attempted to be made by any means results in a transfer or transaction in an amount in excess of 
the  balance  available  for  withdrawal  from  Your  Checking  Account,  We  will  lend  the  excess  under  Your  Account.    This 
paragraph applies regardless of who initiates the transaction that accesses Your Account.  

You must not obtain any Transaction to (1) make a payment under this Agreement or pay any other indebtedness existing 
now or coming into existence in the future from You to Us or any current or future M&T Bank, N.A., affiliate or (2) buy, carry 
or trade in, or repay any indebtedness originally incurred to buy, carry or trade in, any margin stock or margin security. Use of 
Your Account must be limited to personal, family, or household purposes.  

We  also  may  issue  Checks  to  You  from  time  to  time.    When  You  sign  a  Check,  You  request  a  cash  advance  from  Your 
Account.  We may refuse to pay a Check for any reason.  At Your risk and upon Your request, We will accept a stop payment 
request on a Check.   You must provide Us with any information We may require.  A stop payment request becomes effective 
only after We have had a reasonable opportunity to act upon it.  Our receipt of Your stop payment request comes too late if:  
We have indicated in any manner that We will pay or honor the Check; the Check is already in Our processing system; or We 
do not have a reasonable time to act upon it (and You and We agree that the receipt of Your stop payment request on the 
same day as the Check is presented to Us does not give Us a reasonable time to act on the stop payment request).  Stop 
payment requests may be made orally or in writing.  An oral stop payment request is effective for 14 calendar days following 
Our receipt unless confirmed by You in writing before the end of that time period.  A written stop payment request is effective 
for  6  months  following  Our  receipt  and  must  be  renewed  in  writing.    If  You  fail  to  renew  a  stop  payment  request  before  it 
expires, You will be deemed to have consented to payment of the Check. 

Credit Limit 

Your “Credit Limit” is the maximum amount of Transactions (purchases, cash advances, Checks, balance transfers, overdraft 
protection, promotional cash advances, and promotional balance transfers), interest, finance charges, plus any other charges 
that We allow You to owe Us on Your Account at any time.  You will be advised of the Credit Limit when We issue the Card.  
You promise not to allow Your Outstanding Balance to exceed Your Credit Limit. However, if You exceed Your Credit Limit, 
You are still responsible to pay the Outstanding Balance to Us, We do not give up any of our rights under this Agreement and 
We can require that You immediately pay to Us any amount in excess of Your Credit Limit.  We may establish a maximum 
cash advance amount that is less than Your Credit Limit.  This cash advance limit is Your Cash Limit.  

Each payment You make to Your Account will restore Your Credit Limit by the amount of the payment, unless You are over 
Your Credit Limit.  At Our sole discretion, We may wait to restore Your Credit Limit until We have actually collected the funds 
You  have  submitted  to  Us  in  payment.    If  You  are  over  Your  Credit  Limit,  You  must  pay  the  amount  You  are  over  before 
payments  will  begin  to  restore  Your  Credit  Limit.    You  may  request  an  increase  in  Your  Credit  Limit  only  by  a  method 
acceptable to Us.  

We can increase or decrease Your Credit Limit and can refuse to make a Transaction (without prior notice) at any time for 
any reason not prohibited by law.  We are not responsible for any losses if a Transaction is declined for any reason, either by 
Us or someone else, even if You have credit availability.  We may require You to register Your account with an authorization 
system that We select for online Transactions, and decline Your online Transactions if You do not register.  

8/27/11 

Signature Card Limit 

If You have a Signature Card, we will assign you a Revolving Limit.  You will generally be able to make purchases up to the 
Revolving  Limit,  or  in  certain  cases,  in  excess  of  the  Revolving  Limit.    We  will  not  approve  unlimited  spending.    Instead, 
individual purchase Transactions will be evaluated by Us based on factors such as suspected fraud, account history, credit 
record,  payment  resources,  revolving  balances,  prior  cash  advances  and  safety  and  soundness  considerations.    If  We 
authorize a purchase Transaction that causes You to exceed Your Revolving Limit, then You must pay the amount by which 
Your  Outstanding  Balance  exceeds  Your  Revolving  Limit  in  addition  to  any  regular  payment  that  is  due  (see  the  section 
headed “Minimum Monthly Payment”). 

Interest 

We  figure  interest  on  your  Account  using  the  Average  Daily  Balance  (including  new  transactions)  method.    We  calculate 
interest  separately  for  each  category  of  Transactions  (purchases,  cash  advances,  checks,  balance  transfers,  overdraft 
protection, promotional cash advances, and promotional balance transfers).  For each category of Transaction, we calculate 
a  Balance  Subject  to  Interest  Rate  for  the  billing  cycle  by  adding  up  the  daily  balances  and  dividing  that  amount  by  the 
number of days in the  billing cycle.   Interest for each balance  is calculated  by  multiplying the Daily  Periodic Rate for each 
balance times the Balance Subject to Interest Rate for each category and by the number of days in the billing cycle.    

We begin with the balance for each category on the first day of the billing cycle and add any unpaid periodic interest charge.  
To get the daily balance for each category, we take the beginning balance each day, add any periodic interest from the prior 
day, add any new transactions and other debits (such as fees), subtract any credits or payments as of that day and make 
other adjustments.  A credit balance is considered zero.  Then, for each category, we calculate a Balance Subject to Interest 
Rate for the billing cycle by adding up the daily balances and dividing that amount by the number of days in the billing cycle. 

Except as provided in the section headed “Grace Period for Purchases,” interest will begin to accrue on any Transaction on 
the transaction date.  For Checks, the transaction date is the date the check is presented to Us for payment. 

Your  APRs  and  Daily  Periodic  Rates  may  vary  (i.e.,  increase  and  decrease)  with  changes  in  the  prime  rate  (as  defined 
below).  We will determine Your purchase APR by adding Your purchase margin to the prime rate. We will determine Your 
cash advance and check APRs by adding a margin of 18.99% to the prime rate, and Your overdraft APR by adding a margin 
of 10.99% to the prime rate. Your balance transfer APR will be equal to Your purchase APR after any applicable promotional 
period expires.  To the extent permitted by applicable law, Your APRs are not subject to a maximum limit. 

We calculate each APR for each monthly billing cycle by adding the appropriate margin to the prime rate published 
in The Wall Street Journal on the first business day of the previous month. The “prime rate” is the highest U.S. Prime 
Rate published in the Money Rates section of The Wall Street Journal. The prime rate is not the lowest or the best interest 
rate available to a borrower at any particular bank at any particular time – it is only a pricing index. If The Wall Street Journal 
stops publishing the prime rate, We will select a similar pricing index rate to calculate Your APRs. 

For each billing period, We see what the prime rate was on the first business day of the previous month. For example, the 
prime rate for the billing period beginning March 1 will be the prime rate published on February 1. We then add the applicable 
margin to that prime rate to get the APR. The Daily Periodic Rate is 1/365th of the APR, and 1/366th in a leap year. If Our 
calculation results in a change to a Daily Periodic Rate from the previous month because the prime rate has changed, the 
new  rate  will  apply  as  of  the  first  day  of  Your  billing  period  that  begins  for  the  current  monthly  billing  cycle.    If  the  Daily 
Periodic  Rate  increases,  You  will  have  to  pay  a  higher  interest  charge  and  may  have  to  pay  a  higher  Minimum  Monthly 
Payment.  

Grace Period for Purchases 

You  can  avoid  interest  charges  on  new  purchases  when  they  are  first  billed  on  a  monthly  statement,  as  described  in  this 
paragraph, but not on other balance categories.  If a monthly statement includes new purchases, and You make a payment 
that we receive by the due date for that statement, which is at least 25 days after the close of the billing period, we will not 
charge  interest  on  any  portion  of  the  new  purchases  on  that  statement  to  which  we  allocate  such  payment,  provided  that 
Your current statement also shows that  we received  payment of the New  Balance for Your prior month’s statement by the 
payment due date on that statement, or the New Balance on that statement was zero.  

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Penalty Rate 

A Penalty  APR of 24.99% (Daily  Periodic Rate of .06847%)  will  apply to  all balance categories instead  of the  introductory 
APR  or  regular  APRs  if  You  fail  to  pay  the  Minimum  Monthly  Payment  within  60  days  after  its  due  date.    If  You  promptly 
remedy the default, Your Account will return to the regular APRs for each balance after 6 consecutive cycles in which Your 
Account  is  deemed  current  and  is  not  in  default.    Otherwise,  Your  APRs  will  remain  at  24.99%  (Daily  Periodic  Rate  of 
.06847%) until Your Outstanding Balance is paid in full.  The APR increase will occur regardless of whether We exercise any 
other right or remedy permitted under this Agreement or by law for Your default. 

Fees and Charges 

Late Charges. You must pay a late charge, as described below, if any Minimum Monthly Payment is overdue. 

Late Payment Charge of $25 ($35 if You make a late payment within 6 billing cycles of any previous late payment).  We add 
the late charge to Your purchase balance. 

Returned Check Charges.   If You use a payment check to pay any amount owing under Your Account and the check is not 
paid,  You  must  pay  a  returned  check  charge  of  $25.    We  add  the  charge  to  Your  purchase  balance  as  of  the  date  of 
dishonor.  

Cash Advance. If You obtain a cash advance, You must pay a cash advance fee of three percent (3%) of the value of the 
cash  that  is  advanced,  subject  to  a  $10  minimum  fee.    This  fee  is  a  FINANCE  CHARGE.    We  add  the  fee  to  Your  cash 
advance balance as of the Transaction date. 

Balance Transfer. If You obtain a balance transfer, You must pay a balance transfer fee of four percent (4%) of the value of 
the transferred balance, subject to a $10 minimum fee.  This fee is a FINANCE CHARGE.  We add the fee to Your balance 
transfer balance as of the Transaction date. 

Overdraft Transfer. If You have linked Your Checking Account to Your Account, You must pay a $10.00 transfer fee  on the 
day a transfer to Your Checking Account occurs (regardless of the number of transfers made during the day).  This fee is a 
FINANCE CHARGE.  We add the fee to Your overdraft balance as of the Transaction date. 

Unpaid  Convenience  Check  Fee.  If  We  do  not  pay  a  Check  (because  You  have  asked  us  not  to  do  so  or  if  we  have 
decided not to pay it because You are in default, a Check has expired, etc.) You must pay an Unpaid Convenience Check 
Fee of $25.  

Foreign Transaction Fee.  If You use Your Card for any transaction involving a foreign currency (not in U.S. dollars), You 
must pay a Foreign Transaction Fee of three percent (3%) of the value of the transaction after conversion to U.S. dollars. 

Expedited Card Fee.  If You request that we expedite the delivery of a replacement Card, You must pay an Expedited Card 
Fee of $25. 

Administrative  Fees.  We  may  charge  You  for  copies  of  billing  statements,  sales  drafts  or  other  records  or  for  special 
services You request.  We will not charge You for copies of documents You request for a billing dispute You assert against 
Us under applicable law.  These charges may change from time to time and will be added to Your purchase balance as of 
the date of the request. 

Fee Limitations.  We will not charge you a Late Payment Charge, Returned Check Charge, or Unpaid Convenience Check 
Fee that exceeds the amount of the associated payment/check.  For example, if your Minimum Monthly Payment amount is 
$20 and you make a late payment, you will be charged a $20 Late Payment Charge. 

Method of Payment 

You  must  pay  Us  Your  Outstanding  Balance.    You  can  pay  it  in  full  at  any  time  without  any  penalty,  or  You  can  pay  it  in 
installments.  You must pay it in United States dollars drawn on funds on deposit in a United States financial institution or the 
United States branch of a foreign financial institution using a payment check, money order or automatic debit payable to our 
order that will be honored by Your financial institution.  By the date shown on any statement for Your Account, You must pay 
at least the Minimum Monthly Payment shown on the statement.  

8/27/11 

 
Monthly Minimum Payment 

The Minimum Monthly  Payment is the greater of $15 or 2.5% of the Outstanding Balance of Your Account at the end of a 
billing period and the greater of (a) any amounts over limit or (b) any past due amounts and late and other fees.  

Defer a Payment 

In Our sole discretion, We may allow You to defer making the Minimum Monthly Payment for certain billing periods.  During 
the deferred-payment period, interest will be assessed, but no late fee will be imposed.  At the end of the deferred-payment 
period, all terms of this Agreement that would have applied, were it not for the deferred-payment feature, will automatically 
resume without notice. 

Payment Requirements 

We  do  not  accept  cash  payments  through  the  mail.    Mailed  payments  must  be  made  by  payment  check  or  money  order 
accompanied  by  the  payment  stub  attached  to  the  statement  and  must  be  received  by  Us  at  Credit  Card  Payment 
Processing, P.O. Box 62014, Baltimore, MD 21264-2014.  Payments made in person must be made at an M&T Bank branch 
by  payment  check  or  money  order  accompanied  by  the  payment  stub  attached  to  the  statement.    Checks  must  be  made 
payable to M&T Bank, N.A.  Except to the extent required by applicable law, if We accept any payment that does not conform 
to these requirements, the payment need not be posted or considered to have been made until the 5th day after the date We 
receive it. 

Payment Allocation 

We will allocate Your payments in the manner We determine.  In most instances, We will allocate Your payments up to the 
Minimum Monthly Payment to balances (including Transactions made after the statement) with lower APR’s before balances 
with higher APR’s.  Payments above the Minimum Monthly Payment will be allocated to balances with higher APR’s before 
balances with lower APR’s.   

Optional Debt Cancellation Agreement 

If  You  requested  optional  debt  cancellation  coverage  and  are  approved,  You  will  receive  an  addendum  concerning  debt 
cancellation costs with the additional terms of Your Agreement. 

Amendment of Agreement 

To  the  extent  allowed  by  law, We  may  change  the  terms  of  this  Agreement  from  time  to  time,  regardless  of  whether  You 
have  access  to  Your  Account,  by  adding,  deleting,  or  modifying  any  provision  (an  “Amendment”).    Once  amended,  any 
reference to Your “Agreement” will mean the Agreement as modified by the Amendment.  Our right to add, delete, or modify 
provisions  includes  financial  terms,  such  as  the  APRs  and  fees,  and  any  other  terms  including,  for  example,  the  nature, 
extent, and enforcement of the rights and obligations You or We may have relating to this Agreement.  Notice of any change 
will  be  given  in  accordance  with  applicable  law.    The  Amendment  will  become effective  on  the  effective  date  stated  in  the 
notice.  Use of Your Card after receiving notice of a change will further evidence Your agreement to the change.  If permitted 
by law and unless otherwise specified in the notice to You, the change will apply to Your Outstanding Balance as well as to 
future transactions.  If You give Us written notice that You do not agree to the change, We will terminate Your Account and 
You will be permitted to pay the Outstanding Balance as of the effective date under the terms of the Agreement governing 
Your Account at the time our notice was given.  If You use Your Card after the effective date of the Amendment, You will be 
considered to have agreed to the new terms even if You have sent Us such written notice.  

Our Right to Cancel Your Account / How to Cancel Your Account 

We can suspend or cancel  Your  Account  or revoke Your Card  at any time without prior notice, except as required by  law.  
You cannot use a Card or Checks after We ask You to return them. You can cancel Your Account by notifying Us.  In either 
case, You agree to return to Us all Cards, which must be cut in half, and Checks.  Cancellation of Your Account will not affect 
Your liability to Us for the Outstanding Balance and any other costs.  You are also responsible for all Transactions made to 
Your Account after termination, unless the Transactions were unauthorized.  Checks are no longer valid if Your Account has 
been suspended or terminated. 

8/27/11 

 
Reissuance of Cards 

You agree that at any time for any reason We may reissue a Card to You and/or may ask You to return any or all Cards.  

Foreign Transactions 

Transactions made in foreign countries and foreign currencies  will  be billed to  You in U.S. dollars.  The exchange rate for 
transactions  in  a  foreign  currency  will  be  a  rate  selected  by  VISA  from  the  range  of  rates  available  in  wholesale  currency 
markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or the government 
mandated  rate  in  effect  for  the  applicable  central  processing  date.    The  exchange  rate  in  effect  on  the  central  processing 
date  may  differ  from  the  rate  in  effect  on  either  the  transaction  date  or  the  posting  date.    The  exchange  rate  is  subject  to 
change by VISA.  You will also be charged a Foreign Transaction Fee as described above. 

Default 

If: 

1)  You  fail  to  make  any  payment  when  due  under  this  Agreement  or  to  comply  with  any  of  the  other  terms  of  this 

Agreement in existence now or in the future;  

2)  You die, file for bankruptcy or become insolvent; 

3)  You make any false or misleading statements in any credit application or credit update;  

4)  We believe Your ability to pay what You owe has been substantially reduced; 

5)  You fail to pay any other indebtedness from You to Us or our affiliates existing now or coming into existence in the 

future by the date it becomes due; 

6)  Anyone starts any  legal proceeding to take any property  belonging to  You now or acquired by  You in the future to 

pay any indebtedness existing now or coming into existence in the future; or 

7)  Any tax or other involuntary lien is filed or recorded against any property belonging to You now or acquired by You in 

the future,  

except  to  the  extent  prohibited  by  applicable  law,  You  will  be  in  default.    If  You  are  in  default,  We  may  declare  Your 
Outstanding  Balance  and  any  other  amounts  You  owe  to  be  immediately  due,  prohibit  further  Transactions  (without  prior 
notice), cancel the Cards, and revoke any privileges associated with the Card or Your Account. We may increase Your APRs 
to the Penalty APR under the circumstances described in the section in this Agreement headed “Penalty Rate.”  

Collection Costs 

If  You  are  in  default,  to  the  extent  permitted  by  applicable  law,  You  agree  to  pay  reasonable  collection  expenses  that We 
incur enforcing this Agreement, including court costs and attorney’s fees not exceeding 20% of the amount due and payable 
under this Agreement if it is referred to an attorney not Our salaried employee for collection. 

Communication Regarding Account/ Statements and Notices 

You  authorize  Us  to  contact  You  by  telephone  regarding  Your  Account.    To  assure  customer  service  quality,  telephone 
communications with You may be monitored and recorded, without further notice.  You agree that such telephone calls may 
be  monitored,  recorded  and  automatically  dialed  and  that  a  recorded  message  may  be  played.    You  agree  that  such 
telephone calls are not unsolicited telephone calls for purposes of any state or federal law. 

All  notices  required  in  this  Agreement  must  be  in  writing.    You  will  send  all  notices  to  Us  to  the  address  shown  in  Your 
periodic  statement,  unless  We  notify  You  otherwise.    Notices  to  Us  are  effective  when  We  receive  them  and  have  a 
reasonable opportunity to act on them. 

Statements  and  notices,  which  We  can  send  by  regular  mail,  will  be  mailed  to  You  at  the  most  recent  address  You  have 
given Us, as shown in our records concerning Your Account.  Notice sent to any one of You will be considered notice to all. 

8/27/11 

Waivers 

No change in this Agreement can be made except in writing, signed by Us.  We can do any of the following without notifying 
You or losing any right with respect to Your Account or against You: 

1. Accept any check or other order marked “Paid in Full” or with similar language as a payment under this Agreement;  

2. Give additional time for payment of any amount owing under this Agreement; or 

3. Exercise, give up, fail to exercise or delay exercising any right with respect to Your Account or against any person.  

For example, We can sue You to collect Your Account Balance whether or not We sue anyone else. 

If property is or will be security for another debt You owe Us and under the terms of that indebtedness the property would 
secure amounts You owe under this Agreement, We waive the right to treat the property as security for amounts You owe 
under this Agreement.  

PIN 

You  may  be  requested  to  change  Your  PIN  from  time  to  time.  You  agree  that  You  will  not  disclose,  and  will  prevent  the 
disclosure of, Your PIN.  If the confidentiality of the PIN is compromised, You shall notify Us immediately.  You assume sole 
responsibility for maintaining the PIN.   

Credit Information 

You authorize Us to investigate Your credit standing when opening, renewing or reviewing Your Account from time to time, 
including by obtaining information from credit bureaus and others. You authorize Us to disclose information regarding Your 
Account to credit bureaus and other creditors who inquire of Us about Your credit standing.  

Financial and Other Information  

If You change the address of Your residence, Your mailing address or Your employer or if there is any unfavorable change in 
Your financial condition, You must promptly notify Us in writing of the change.  Whenever We ask You to do so, You must 
submit to Us a financial statement in a form satisfactory to Us. 

Lost or Stolen Cards / Liability for Unauthorized Use 

You  must  notify  Us  orally  or  in  writing  immediately  of  the  loss,  theft,  or  possible  unauthorized  use  of  the  Card  or  Checks.  
Until You use the Card, You are not responsible for any Transaction made by using the Card after its loss or theft.  Under 
VISA operating rules, You will generally have no liability for the unauthorized use of any Card after its loss or theft.  If there is 
an  exception  to  the  VISA  “zero  liability”  operating  rule,  such  as  if  You  are  grossly  negligent  in  handling  Your  Card,  Your 
maximum liability is $50.  You will not be liable for unauthorized use that occurs after You notify Us orally or in writing, of the 
loss, theft, or possible unauthorized use.  You can notify Us by calling 1-800-724-2440 or writing Us at:  M&T Bank, N.A., PO 
Box 1282, Buffalo, NY 14240-1282.  

Do not use Your Account after You notify Us, even if Your Card is found or returned.   

You also agree to assist Us in determining the facts, circumstances and other pertinent information relating to any loss, theft 
or  possible  unauthorized  use  of  Your  Card  and  comply  with  such  procedures  as  We  may  require  in  connection  with  our 
investigation, including assisting in the prosecution of any unauthorized user. 

Limitation on Interest and Finance Charges  

Interest and other finance charges will not be payable at a rate in excess of the maximum rate allowed by applicable law.  To 
the extent necessary to result in all finance charges not being payable at a rate in excess of that maximum rate, any amount 
that would be treated as part of those finance charges under a final interpretation of that law by a court will be considered to 
be a mistake, will be considered to be automatically canceled and, if received by Us, will be refunded to You, it being Your 
and Our intention that those finance charges not be payable at a rate in excess of that maximum rate.  

8/27/11 

 
Returns and Adjustments  

If  Your  credits  and  payments  exceed  what  You  owe  Us,  We  will  hold  and  apply  this  credit  balance  against  future 
Transactions, or if it is $1.00 or more, refund it on Your written request or automatically within six months.  

Transfers  

We  may  transfer  or  assign  Your  Account  and/or  this  Agreement,  or  any  of  Our  rights  under  this  Agreement,  to  another 
person or entity at any time without prior notice to You or Your consent. If they ask You, You must pay them the amount You 
owe on Your Account.  

Your rights under this Agreement cannot be transferred by You, by operation of law, or otherwise, but Your obligations shall 
be binding upon Your estate or personal representatives. 

Illegal Transactions Prohibited 

You must ensure that the Card is not used for any illegal transaction and agree not to engage in any transactions that are 
illegal in the jurisdiction where You live and/or where the transaction occurs.  Internet gambling, for example, may be illegal 
in the jurisdiction where You live.  You nevertheless agree that You will be liable, according to the terms of this Agreement, 
for all transactions, whether deemed legal or illegal. 

Giving Up of Rights  

Except  to  the  extent  prohibited  by  applicable  law,  You  give  up  any  right  to  require  that  We  (1)  demand  that  You  pay  any 
amount  owing  under  this  Agreement,  (2)  notify  You  if  any  amount  owing  under  this  Agreement  is  not  paid  by  the  date  it 
becomes  due  or  (3)  obtain  a  certificate  stating  that  any  amount  owing  under  this  Agreement  was  not  paid  by  the  date  it 
became due. 

Governing Law 

This Agreement is entered into by Us, and made in accordance with, federal law and, to the extent not preempted by federal 
law,  the  law  of  the  State  of  Delaware.    Regardless  of  the  state  of  Your  residence  or  the  place  to  which  You  submitted  an 
application,  or  where  Your  Account  is  used,  except  as  provided  otherwise  in  the  Arbitration  provision  below,  any  legal 
question  concerning  Your  Account,  including,  without  limitation,  provisions  of  the  Agreement  relating  to  finance  charges, 
other charges and fees, will be decided in accordance with applicable federal law and, except where preempted by federal 
law, or as made applicable by federal law, applicable Delaware State law without regard to its conflict of law principles.  

Arbitration 

Your Right to Reject:  You may reject this Arbitration provision and any prior arbitration agreement between you and us that 
you have not had a prior chance to reject (“Prior Arbitration Agreement”) by mailing us, within 30 days after the date of this 
Agreement, a signed rejection notice which gives your name(s) and address(es) and states that you reject arbitration.  The 
rejection  notice  must  be  sent  to  us  at  M&T  Bank,  Regulatory  Support,  P.O.  Box  1468,  Buffalo,  NY  14240-1468  (attn.  
Arbitration Rejection). 

Covered Claims:  “Claim” means any claim, dispute or controversy whatsoever between you and us that in any way arises 
from or relates to this Agreement.  However, “Claim” does not include any dispute about the validity, effect or enforceability of 
the  Class  Action  Waiver  below  or  any  dispute  concerning  the  last  sentence  of  the  Severability  section  below;  any  such 
dispute shall be resolved by a court and not by an arbitrator or Administrator. 

Notice and Cure:  Prior to initiating a lawsuit or arbitration regarding any Claim, the party asserting the Claim (the “Claimant”) 
shall give the other party (the “Defending Party”) written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, 
not less than 30 days, to resolve the Claim on an individual basis.  Any Claim Notice must explain the nature of the Claim 
and the relief that is demanded.  The Claimant must reasonably cooperate in providing any information about the Claim that 
the  Defending  Party  reasonably  requests.    Any  Claim  Notice  to  us  shall  be  sent  by  mail  to  the  above  Regulatory  Support 
address  (or  any  updated  address  we  have  subsequently  provided  you),  attention  Claim  Notice.    Any  Claim  Notice  must 
include your name and address. 

Starting  an  Arbitration:    Arbitration  may  be  elected  by  any  party  with  respect  to  any  Claim,  even  if  that  party  has  already 
initiated a lawsuit with respect to a different Claim.  Arbitration is started by giving a written demand for arbitration to the other 

8/27/11 

party.    We  will  not  demand  to  arbitrate  an  individual  Claim  that  you  bring  against  us  in  small  claims  court  or  your  state’s 
equivalent court, if any.  But if that Claim is transferred, removed or appealed to a different court, we then have the right to 
demand  arbitration.  The  party  starting  an  arbitration  must  select  as  “Administrator”  either  the  American  Arbitration 
Association  (“AAA”),  1633  Broadway,  10th  Floor,  New  York,  NY  10019,  www.adr.org.,  or  JAMS,  620  Eighth  Avenue,  34th 
Floor, New York, NY  10018, www.jamsadr.org.  However, any other company may be selected by mutual agreement of the 
parties or, if AAA and JAMS cannot serve, a court.  Notwithstanding the foregoing, no arbitration may be administered by any 
Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 

Conduct  of  Arbitration:  The  language  of  any  arbitration  shall  be  in  English.    Any  party  desiring  or  requiring  a  different 
language shall bear the expense of an interpreter. The parties shall select a single arbitrator or, in the event the parties shall 
fail  to  agree,  a  single,  neutral  arbitrator  shall  be  chosen  by  the  Administrator.    Each  arbitrator  shall  be  a  licensed  attorney 
who has engaged in the private practice of law continuously during the 10 years immediately preceding the arbitration or a 
retired judge of a court of general or appellate jurisdiction. All statutes of limitation, defenses, and attorney-client and other 
privileges that  would  apply in  a court  proceeding  will  apply  in  the arbitration.   In conducting  the arbitration  and making the 
award,  the  arbitrator  shall  be  bound  by  and  shall  strictly  enforce  the  terms  of  this  Arbitration  provision  and  may  not  limit, 
expand or otherwise modify its terms. 

Court and Jury Trials Prohibited: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO 
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.  

Prohibition Against Certain Proceedings:  IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE 
MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION; (2) YOU MAY NOT ACT AS A 
PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY 
NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE 
ARBITRATOR  SHALL  HAVE  NO  POWER  OR  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE  ARBITRATION,  PRIVATE 
ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.  

Location  and  Costs  of  Arbitration:    Any  arbitration  hearing  that  you  attend  must  take  place  at  a  location  reasonably 
convenient to you.  The parties shall jointly and equally pay the expenses of the arbitrator and administrative costs assessed 
by the  Administrator, as  well as their  own  expenses  incurred during the dispute resolution process.  We will pay  a greater 
proportion of such fees, to the extent required to make this Arbitration provision enforceable or if required by applicable law. 

Governing Law:  This Arbitration provision involves interstate commerce and is governed by the Federal Arbitration Act (the 
“FAA”), and not by any state arbitration law, provided that New York law shall apply to the extent relevant to determine the 
validity of this Arbitration provision under the FAA.  The arbitrator must apply applicable substantive law consistent with the 
FAA and applicable statutes of limitations and claims of privilege recognized at law.  The arbitrator may award any remedy 
provided  by  the  substantive  law  that  would  apply  if  the  action  were  pending  in  court  (including,  without  limitation,  punitive 
damages, which shall be governed by the Constitutional standards employed by the courts).  At the timely request of either 
party, the arbitrator must provide a brief written explanation of the basis for the award. 

Right to Discovery:  In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, 
either  party  may  submit  a  written  request  to  the  arbitrator  to  expand  the  scope  of  discovery  normally  allowable  under  the 
arbitration rules of the Administrator.  The arbitrator shall have discretion to grant or deny that request. 

Arbitration Result:  Judgment upon the arbitrator’s award may be entered by any court having jurisdiction.  The arbitrator’s 
decision is final and binding, except for any right of appeal provided by the FAA. 

Rules  of  Interpretation:    This  Arbitration  provision  shall  survive  the  repayment  of  all  amounts  owed  under  any  agreement 
between the parties, the closing of any related account(s), any legal proceeding and any bankruptcy to the extent consistent 
with  applicable  bankruptcy  law.    This  Arbitration  provision  replaces  any  Prior  Arbitration  Agreement  and  governs  over  any 
inconsistent provision in the applicable arbitration rules or other provisions of any agreement between the parties. 

Severability:    If  any  portion  of  this  Arbitration  provision,  other  than  the  Class  Action  Waiver,  is  deemed  invalid  or 
unenforceable, the remaining portions shall nevertheless remain in force. However, if a determination is made that the Class 
Action  Waiver  is  unenforceable,  only  this  sentence  of  the  Arbitration  provision  will  remain  in  force  and  the  remaining 
provisions  shall  be  null  and  void,  provided  that  the  determination  concerning  the  Class  Action  Waiver  shall  be  subject  to 
appeal. 

*   

* 

* 

8/27/11 

Your Billing Rights: Keep this Document for Future Use 

This notice tells You about Your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If You think there is an error on Your statement, write Us at: 

M&T Bank, N.A. 
P.O. Box 1282 
Buffalo, NY 14240-1282 

In Your letter, give Us the following information: 

•  Account Information:  Your name and Account number. 
•  Dollar Amount:  The dollar amount of the suspected error. 
•  Description of problem:  If You think there is an error on Your bill, describe what You believe is wrong and why 

You believe it is a mistake.   

You must contact us: 

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

amount You think is wrong. 

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

What Will Happen After We Receive Your Letter 

When We receive Your letter, We must do two things: 

1.  Within 30 days of receiving Your letter, We must tell You that We received Your letter.  We will also tell You if 

We have already corrected the error. 

2.  Within 90 days of receiving Your letter, We must either correct the error or explain why We believe the bill was 

correct.  While We investigate whether or not there has been error: 

o  We cannot try to collect the amount in question, or report You as delinquent on that amount. 
o  The charge in question may remain on Your statement, and We may continue to charge You interest 

on that amount. 

o  While You do not have to pay the amount in question, You are responsible for the remainder of Your 

balance. 

o  We can apply any unpaid amount against Your credit limit.  

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

• 

• 

If We made a mistake:  You will not have to pay the amount in question or any interest or other fees related to 
that amount. 
If We do not believe there was a mistake:  You will have to pay the amount in question, along with applicable 
interest and fees.  We will send You a statement of the amount You owe and the date payment is due.  We 
may then report You as delinquent if You do not pay the amount We think You owe.   

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

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

8/27/11 

 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
Your Rights if You Are Dissatisfied With Your Credit Card Purchases 

If You are dissatisfied with the goods or services that You have purchased with Your credit card, and You have tried in good 
faith to correct the problem with the merchant, You may have the right not to pay the remaining amount due on the purchase.   

To use this right, all of the following must be true: 

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

2.  You  must  have  used  Your  credit  card  for  the  purchase.    Purchases  made  with  cash  advances  from  an 

ATM or with a check that accesses Your credit card Account do not qualify. 

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

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

M&T Bank, N.A. 
P.O. Box 1282 
Buffalo, NY 14240-1282 

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. 

© M&T Bank, N.A. 

8/27/11