This Agreement is for your Account with Commerce Bank, and the 
Card(s) which has/have been given to you in connection with your 
Account.  Such Account and Card(s) provide you with credit card 
services and ATM Services.  “You” and “your” mean any applicant for the 
Account and any person using the Account and/or related Card(s) with 
the expressed or implied permission of any of the applicants.  Any 
person whose name appears on the Account for the Card(s) 
accompanying this Agreement consents, either by using or permitting 
another to use the Card(s), to all provisions of this Agreement.  “We”, 
“us” and “our” means Commerce Bank, our successors and assigns.   

In this Agreement: 
Account is your credit card account. 
Annual Fee is a fee charged on a yearly basis for your continued use of 
the Account. 
APR is Annual Percentage Rate. 
ATM is Automated Teller Machine. 
Business Days are Monday through Friday.  Federal holidays are not 
included. 
Card is the credit card(s) given to you in connection with your Account. 
Cash Advance includes: 

• Non-Overdraft Cash Advance – advance made by means of an 
electronic device or machine, or a financial institution teller, or for the 
purchase of wire transfers, non-U.S. currency, travelers’ checks, 
money orders, lottery tickets and casino gaming chips. 
• Overdraft Cash Advance – advance made by means of overdraft 
protection. 
• Balance Transfer – advance made when transferring a balance 
from another creditor to your Account. 
• Convenience Check – check used to make a Cash Advance on 
your Account. 

Charges are costs imposed as part of this Agreement and include both 
interest and fees.   
Daily Balance is determined, for each day in the billing cycle, by taking 
the beginning balance, adding any new transactions or other debits, and 
subtracting any payments or other credits. 
Daily Periodic Rate is the APR divided by 365. 
Fees are non- interest Charges, including transaction fees.  
Grace Period means the period of time during a billing cycle when you 
will not accrue Interest Charges on certain transactions or balances. 
Interest Charges are the portion of Charges attributed to periodic 
interest rates. 
Participation Fee is a fee charged for added service or functionality on 
your Account. 
PIN is Personal Identification Number. 
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal 
in its column called “Money Rates” on the last Business Day of each 
month. 
Promotional Balance is the balance subject to the Promotional Rate.  
Balances subject to Introductory Rates are included. 
Promotional Rate is a rate other than the standard rate, tied to a special 
offering.  A Promotional Rate offered when you open your Account may 
be called an Introductory Rate. 
Purchase means purchase of merchandise or services on the Account 
plus related Charges and does not include any type of Cash Advance, 
Cash Advance Transaction Fees or Cash Advance Interest Charges. 
Statement is your billing statement. 

CREDIT CARD SERVICES 
The following provisions relate only to credit card services except as 
otherwise applicable. 

ACCOUNT DESCRIPTION 
We will grant you a line of credit with a maximum dollar limit as 
determined by us.  This limit will be indicated on your Statement.  
Subject to the terms of this Agreement, you may use your Account to 
make Purchases and obtain Cash Advances, including Balance 
Transfers and Convenience Checks, that do not exceed your credit limit 
at any time.  Should your Purchases, and/or Cash Advances ever 
exceed your credit limit, we reserve the right to terminate this Agreement 
and demand the return of your Card(s).  We can increase or decrease 
your credit limit at any time without prior notice or liability.  A change to 
your credit limit will not affect your obligation to pay us. 

CARDHOLDER AGREEMENT 

PAYMENT OPTIONS 
You may pay the new balance shown on your Statement each month or  
you may pay in monthly installments.  If you decide to pay in monthly 
installments, you must pay at least the minimum payment on your 
Statement.  The minimum payment will be the greater of: 

 

 

$30.00 or the full amount of your total balance if it is less than 
$30.00; or 
1.00% of your new balance plus any amounts that are past due, 
plus Fees (excluding Balance Transfer and/or Convenience Check 
Fees) and Interest Charges accumulated during the billing period. 

When a payment is posted to your Account, we reserve the right to 
restrict or delay all or part of the available credit created by the payment.  
The restriction or delay of the available credit is for risk management or 
other related purposes, including but not limited to protection against 
actual or potential fraudulent activities or unauthorized transactions.  

OVERDRAFT PROTECTION 
If you select overdraft protection, a Cash Advance will be made to cover 
an overdraft in your designated Commerce Bank deposit account.  Such 
Overdraft Cash Advances will be in the amount of $50.00 or multiples of 
$50.00.  If the designated deposit account is a joint account, you will be 
liable for all overdrafts on the account regardless of which joint account 
owner caused, or benefited from the overdraft.  Each Overdraft Cash 
Advance is at our discretion.  We are not liable or responsible for any 
check drawn that may for any reason be returned or otherwise 
dishonored.  We may cancel this overdraft feature at any time without 
notice. 

BALANCE ON WHICH INTEREST CHARGE IS CALCULATED 
If you accrue any Interest Charge on your Account at a variable rate, that 
rate will be calculated by adding a margin to the Prime Rate.  Please see 
the ACCOUNT OPENING DISCLOSURE, which is part of this 
Agreement, for specific information regarding the APRs used to 
compute your Interest Charges. 

We calculate your Daily Balance for each day in the billing cycle by 
taking your beginning balance, adding any new transactions or other 
debits, and subtracting any payments or other credits.  We multiply the 
Daily Balance by the Daily Periodic Rate to get your Interest Charges for 
that day.  We add these Interest Charges to your Daily Balance to get 
the beginning balance for the next day.  We do this for all days on which 
you have a balance owing on the Account, disregarding any credit 
balance, for the billing cycle. 

We add all the daily Interest Charges and round the sum to the next 
highest cent to get your total Interest Charges for that billing cycle.  We 
do this calculation separately for each type of balance. 

The Prime Rate used to determine the APR on your Account is the U.S. 
Prime Rate published in The Wall Street Journal in its column called 
“Money Rates” on the last Business Day of each month.  Although each 
Daily Periodic Rate is determined by an index published prior to the first 
day of each calendar month, the respective Daily Periodic Rate will only 
become effective and charged as of the first day of the monthly billing 
period following the respective calendar month in which the index is so 
published.  No representation is made that the U.S. Prime Rate is the 
lowest, the best or the favored rate of interest.  If for any reason The Wall 
Street Journal no longer publishes the "Money Rates" column, then we 
will choose a new index based on comparable information.  An increase 
in the Prime Rate will cause your interest rate to increase and may cause 
your minimum monthly payment to increase. 

INTEREST CHARGE COMPUTATION 
  ON PURCHASES:  Interest Charges on Purchases begin to accrue 
on the transaction date, provided such date will never be later than 
the date the Purchase is posted to the Account or earlier than the 
first day of the billing cycle for the Statement on which such 
transaction is shown.  Purchases are subject to a Grace Period.  If 
the previous balance is zero, or was paid in full by the payment due 
date shown on your Statement, no Interest Charge will be assessed 
on current Purchases. 

We may decline, at any time in our sole discretion, an authorization 
request for any transaction for any reason, included but not limited to:                                              

•   operational considerations, 
•  your Account is in default, 
•   we suspect fraudulent or unlawful activity 

We are not responsible for any losses or damages, including 
consequential damages, if a transaction on your Account is declined, 
either by us or a third party, even if you have sufficient credit available. 

PROMISE TO PAY 
You promise to pay for all Purchases and Cash Advances, including 
Balance Transfers and Convenience Checks, made by you through the 
use of the Account.  In addition, you promise to pay all other amounts 
owed due to use of the Account by anyone else you authorize to use the 
Account until such person’s authority is ended.  You may only end such 
person’s authority by notifying us in writing and returning to us any Card 
such person may have.  All of you are responsible, both together and 
individually, for the entire Account balance even though only one of you 
uses the Account. 

BILLING STATEMENTS 
You will receive a Statement periodically (normally monthly).  Your 
payment is due within 25 days from the date of the Statement (payment 
due date). 

                           1 

  ON CASH ADVANCES:  Interest Charges begin to accrue on the 
date of the Cash Advance, provided such date will never be later 
than the date the Cash Advance is posted to the Account or earlier 
than the first day of the billing cycle for the Statement on which such 
advance is shown.   

TOTAL INTEREST CHARGE COMPUTATION 
We add Interest Charges for each type of balance to obtain your total 
Interest Charge for each billing cycle.   

PENALTY RATE AND WHEN IT APPLIES 
If at any time we have not received the required minimum monthly 
payment within 60 days of the respective payment due date, we may 
increase the applicable APR to the Penalty Rate. Please see the 
ACCOUNT OPENING DISCLOSURE for information regarding the 
Penalty Rate for your Account.  The Account may be eligible for your 
standard Daily Periodic Rates and corresponding APR for each type of 
balance after you have met the terms of this Agreement for six 
consecutive billing cycles after the monthly Statement on which the 
Penalty APR first appears.  Otherwise, the Penalty Rate may apply 
indefinitely. 

TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES 
If during an Introductory or Promotional Rate period, we have not 
received the required minimum monthly payment within 60 days of the 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
   
respective payment due date, we will increase the applicable APR to the 
Penalty APR.  Introductory and/or Promotional Rates will not be 
reinstated. 

FEES 

Transaction, Annual and Penalty Fees:   
Please see the ACCOUNT OPENING DISCLOSURE for information 
regarding the specific Fees that may be charged to your Account. 

Minimum Interest Charge 
A minimum Interest Charge will be imposed in any billing cycle for which 
an Interest Charge is payable, and will appear on your Statement as a 
Fee. 

Balance Transfer Or Convenience Check Transaction Fee 
You will be charged a Transaction Fee, with a minimum and no 
maximum, for each Balance Transfer and/or Convenience Check posted 
to your Account. 

Non Overdraft Cash Advance Transaction Fee 
You will be charged a Transaction Fee, with a minimum and no 
maximum, for each Cash Advance posted to your Account. 

Overdraft Cash Advance Transaction Fee 
You will be charged a Transaction Fee for each Cash Advance resulting 
from the overdraft protection. 

Annual Fee 
Your Account may have a Fee that will be added annually to your 
Account (Annual Fee).  Please see the ACCOUNT OPENING 
DISCLOSURE for information regarding the specific fee, if any, for 
your Account. 
The imposition or payment of an Annual Fee does not affect or limit our 
right to terminate this Agreement, cancel your Account, and demand 
payment, in a manner permitted by law, of any amounts owed on your 
Account. 

Foreign Transactions 
Please see the ACCOUNT OPENING DISCLOSURE for information 
regarding the specific Fees that may be charged to your Account related 
to foreign transaction. 

Visa and MasterCard Purchases, cash withdrawals and Cash Advances 
made in currencies other than U.S. Dollars will be converted to U.S. 
Dollars under regulations established by VISA® International and 
MasterCard® International.  Visa conversion will be at a rate selected by 
Visa from the range of rates available in wholesale currency markets for 
the applicable central processing date, which may vary from the rate 
Visa itself receives or the government-mandated rate in effect for the 
applicable central processing date.  MasterCard conversion will be at a 
rate selected by MasterCard, typically either a government-mandated 
rate or a wholesale rate provided to MasterCard.  Conversion to U.S. 
dollars may occur on a date other than the date of the transaction.  
Therefore, the conversion rate may be different from the rate in effect at 
the time of the transaction.  You agree to pay the converted amount plus 
the applicable foreign transaction fee.  For Purchases, cash withdrawals, 
and Cash Advances made in U.S. dollars outside of the United States 
and its territories, you agree to pay the transaction amount, plus the 
applicable foreign transaction fee. 

Late Payment Fee 
For each payment not received by the payment due date, we may 
charge a Late Payment Fee.  The first time you are late making the 
required minimum monthly payment (“First Occurrence”), a $27 Late 
Payment Fee may be imposed.  After the First Occurrence, if you make a 
late payment at anytime during the next six billing cycles (“Second 
Occurrence”), a $37 Late Payment Fee may be imposed.  After the 
Second Occurrence, any subsequent late payment during the next six 
billing cycles will also incur a $37 Late Payment Fee.  At no time will the 
Late Payment Fee exceed the amount of the required minimum monthly 
payment. 

Overlimit Fee 
In the event your balance exceeds your credit limit, no Fee will be 
charged.  

Other Fees 

Returned Payment Fee 
No Fee will be charged for any check or other form of payment sent to us 
which is returned unpaid. 

Returned Item Fee 
If we decline to honor a Convenience Check or when payment of a 
Convenience Check is stopped at your request, we may charge a 
Returned Item Fee.  The first time we decline to honor a Convenience 
Check or when payment of a Convenience Check is stopped at your 
request (“First Occurrence”), a $27 Returned Item Fee may be imposed.  
After the First Occurrence, if we decline a Convenience Check or you 
request stop payment of a Convenience Check at anytime during the 
next six billing cycles (“Second Occurrence”), a $37 Returned Item Fee 
may be imposed.  After the Second Occurrence, any subsequent 
declined Convenience Check or stop payment of a Convenience Check 
during the next six billing cycles will also incur a $37 Returned Item Fee.  
At no time will the Returned Item Fee exceed the amount of the 
Convenience Check. 

Convenience Checks and Document Copy Charges 
Charges for Convenience Checks and requests for copies of sales 
drafts, Statements or other documents related to your Account may be 
billed on your Account as Purchases in accordance with the fee schedule 
established by us from time to time.  No charge will be made for copy 

                           2 

requests related to billing error resolution within 60 days of the disputed 
transaction. 

TOTAL FEE COMPUTATION 
We add all Fees assessed to obtain your total Fees for each billing cycle 
(excluding Balance Transfer and/or Convenience Check Fees).  We will 
assess Balance Transfer Fees and/or Convenience Check Fees to your 
Account in the same balance category to which the transaction is posted. 

CANCELLATION 
To the extent permitted by law, Commerce Bank may cancel your 
Account, refuse to allow further transactions against your Account or 
revoke your Card(s) at any time (whether or not you are in default of any 
part of this Agreement) including, without limitation, when any affiliation 
you may have with a sponsoring organization ceases or when any 
agreement we may have with the sponsoring organization is terminated.  
Cancellation of your Account will not affect your liability to us for credit 
we have extended to you, including amounts not yet billed to your 
Account.  We may cancel your Account without prior notice or liability.  
You must surrender the Card(s), either upon a direct request by us, or 
any other bank or merchant who is acting upon our instructions. 

CONDITIONS OF DEFAULT 
We may consider you to be in default if we do not receive a required 
payment when due, including the minimum payment by the date shown 
on your Statement; you fail to comply with the terms of this Agreement; 
you make any false or misleading statements or omissions on your 
application; you file a bankruptcy petition or have one filed against you; 
we obtain information that causes us to believe that you may be unwilling 
or unable to pay your debts to us or to others on time including, but not 
limited to, your failure to make any payment to us on any other 
indebtedness or loan; you are declared incompetent by a court or a court 
appoints a guardian/ conservator for you or your assets; you die. 

If we consider your Account to be in default, we may close your account 
without notice and require you to pay the balance in a manner permitted 
by law (subject to applicable law regarding notice or right to cure).  To 
the extent permitted by law, if you are in default you will pay our 
collections costs, attorneys’ fees, court costs, and all other expenses of 
enforcing our rights under this Agreement. 

ALLOCATION OF PAYMENTS 
We will allocate your minimum payment in the manner we determine.  
We will apply the amount in excess of the minimum payment to balances 
with higher APRs before balances with lower APRs. 

RECEIPT OF PAYMENTS 
Payments  received  before  5  PM  CT  at  the  address  shown  on  your 
Statement on any of our regular Business Days will be posted as of the 
date of receipt.  Payments made in person before the close of business 
to  an  employee  at  a  Commerce  branch  will  be  posted  as  of  date  of 
receipt.  Payments mailed to the address shown or made in person at a 
branch must be accompanied by the Account number or payment stub, 
and in the form of a check or money order in U. S. Dollars drawn on a U. 
S.  financial  institution.   Do  not  send  cash  through  the  mail. A  delay  in 
crediting the payment to your Account may occur if the payment does not 
meet 
(conforming 
payments). In no case shall such delay exceed five days from receipt  of 
such payment. 

for  making  payments 

requirements 

these 

The cutoff time for payments made on any of our regular Business Days 
through  Commerce  as  transfers  from  your  Commerce  deposit  account 
are  as  follows:   Commerce  ATM,  7:00  PM  CT;  Commerce  Online 
Banking,  including  Mobile  Banking,  7:00  PM  CT;  Commerce  Account 
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM 
CT; Commerce Collections Department, 11:00 PM CT. A payment made 
through Commerce Online Bill Pay will be posted on the Pay Date. 

Conforming  payments  received  after  the  respective  cutoff  time  will  be 
posted no later than the next Business Day.  Payments made by a third-
party payor, will be posted as of the date we receive the payment. 

When the due date falls on a weekend or holiday, your payment due 
date will be on the next Business Day. 

We may accept late payments, partial payments or checks and money 
orders (or accompanying written communication) containing a statement 
to the effect that the instrument was tendered as "payment in full," full 
satisfaction of a disputed claim or other similar language without losing 
any rights under this Agreement or under the law.  All such payments or 
written communications must be mailed to:  Commerce Bank, P.O. Box 
410857, Kansas City, MO 64141-1857. 

CHANGE OF TERMS 
Provided the Account is meeting the terms of this Agreement:  (1) We 
will not increase an Introductory APR during any Introductory Rate 
period; and (2) We will not increase any APR, Annual Fee or minimum 
Interest Charge for 12 months following account opening, except for 
increases due to the expiration of an Introductory or Promotional Rate 
period, if any;  changes in the Prime Rate; completion or failure of a 
temporary hardship arrangement; application of a Penalty Rate; or the 
end of military service to which  the provisions of the Servicemembers 
Civil Relief Act (SCRA) apply. (“Exceptions”).  Otherwise, we may 
change the terms of the Agreement at any time, after notice and the right 
to reject if required by law.   Changes in any APR, other than the stated 
Exceptions, Annual Fee or minimum Interest Charge will apply to new 
transactions created after the end of the 14th day following our providing 
notice to you.    If you reject a change, your Account will be cancelled 
and you will no longer be able to use the Account.   
Cancellation of your Account will not affect your liability to us for credit 
we have extended to you, including amounts not yet billed to your 
Account. 

ELECTRONIC RECORDS 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
You agree that this document and all paper records related to your 
Account and whether or not the other paper records were submitted, 
received or obtained in advance of, contemporaneously with or 
subsequent to, the delivery of this document may, at the option of 
Commerce Bank, be converted by any digital or electronic method or 
process to an electronic record or subsequently further converted or 
migrated to another electronic record format or electronic storage 
medium.  You further agree that upon conversion to an electronic record 
as authorized herein such electronic record shall be the record of the 
transaction and the electronic record shall have the same legal force and 
effect as the paper documents from which it was converted.  You waive 
any legal requirement that any documents digitally or electronically 
converted be embodied, stored, or reproduced in a tangible media.  You 
undersigned and agree that a printed or digitally reproduced copy of the 
electronic record shall be given the same legal force and effect as a 
signed writing.  In addition, you authorize and agree to destruction of the 
paper documents by Commerce Bank upon conversion of the paper 
documents to a digital or electronic record. 

PERMISSION TO CONTACT 
You agree, in order for us to service your account or to collect any 
amounts you may owe, we may contact you by telephone at any 
telephone number associated with your account, including wireless 
telephone numbers, which could result in charges to you. We may also 
contact you by sending text messages or emails, using any telephone 
number or email address you provide to us.  You consent and 
acknowledge that methods of contact may include using pre-
recorded/artificial voice message and/or use of an automatic dialing 
device, as applicable.  You further consent and agree that our personnel 
may listen to and/or record phone calls between you and our 
representatives without additional notice to you, including but not limited 
to calls we make to service your account or collect debt(s).  

MILITARY LENDING ACT DISCLOSURE 
Federal law provides important protections to members of the Armed 
Forces and their dependents relating to extensions of consumer credit. In 
general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 
36 percent. This rate must include, as applicable to the credit transaction 
or account: The costs associated with credit insurance premiums; fees 
for ancillary products sold in connection with the credit transaction; any 
application fee charged (other than certain application fees for specifed 
credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). You can call toll 
free to 855-225-1576 to hear the applicable required Military Lending Act 
disclosures. 

MISCELLANEOUS PROVISIONS 
You also agree that: 
  We may refuse to extend credit to you or anyone using your 

Account or Card(s). 

  We will not be liable or responsible for anyone’s refusal to honor 

 

your Card(s). 
Each Account you have with us is separate from any others you 
have with us, and Interest Charges will be charged on each 
Account’s balance at the APR given with each Cardholder  
Agreement.  Each individual Account will be designated by an 
individual Account number. 
Your Card(s) are Commerce Bank property. 

 
  We may change the premium enhancements offered at any time 

without further notice to you. 

 

 

  Merchants with whom you’ve shared your Account number may be 
updated with new Account information to ensure the continuation of 
your payment agreement. 
You will not use your Card(s) for any purpose that has been 
deemed illegal.  We reserve the right to deny authorization requests 
from online gambling merchants, whether or not online gambling is 
illegal in the state in which you reside. 
Commerce Bank may share your Account experience and 
transaction information with its Affiliates, which are members 
of the Commerce Corporate family as defined in your Privacy 
Policy Notice.  Unless you call 1-800-543-4845, you agree that 
Commerce Bank and its Affiliates may also share other 
information about you or your Account. 
You must notify us immediately at Commerce Bank, P.O. Box 
411036, Kansas City, MO 64141-1036, if you believe any 
information we reported to a credit reporting agency is inaccurate. 

 

SECURITY INTEREST 
Collateral securing other loans with us may also secure this 
indebtedness. 

CHANGES IN ADDRESS 
You agree to notify us immediately if you change your address. 

INTERPRETATION 
The Agreement shall be governed by applicable federal law and 
regulations.  To the extent not preempted by applicable federal law, this 
Agreement shall be  governed by the laws of the state of Missouri, but 
Commerce Bank will rely on the provisions of Nebraska law with respect 
to the fees and charges (other than interest) that apply to your Account, 
as authorized by Missouri Revised Statutes Section 408.145.  

Your Billing Rights: Keep this Document for Future Use 
This notice tells you about your rights and our responsibilities 
under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 
If you think there is an error on your Statement, write to us at: 
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036 
You may also send us this information via fax at 1-816-234-2811 

In your letter, give us the following information: 

 

Account information: Your name and Account number. 

                           3 

 
 

Dollar amount: The dollar amount of the suspected error. 
Description of problem: If you think there is an error on your 
bill, describe what you believe is wrong and why you believe it 
is a mistake. 

You must contact us: 

  Within 60 days after the error appeared on your Statement. 
At least 3 Business Days before an automated payment is 
 
scheduled, if you want to stop payment on the amount you 
think is wrong. 

You must notify us of any potential errors in writing. You may call us, but 
if you do we are not required to investigate any potential errors and you 
may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1. Within 30 days of receiving your letter, we must tell you that we 
received your letter. We will also tell you if we have already corrected the 
error. 

2. Within 90 days of receiving your letter, we must either correct the error 
or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

  We cannot try to collect the amount in question, or report you 

 

as delinquent on that amount. 
The charge in question may remain on your Statement, and 
we may continue to charge you interest on that amount. 
  While you do not have to pay the amount in question, you are 

responsible for the remainder of your balance. 

  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 

 

 

If we made a mistake: You will not have to pay the amount in 
question or any Interest 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 Charges 
and Fees. We will send you a Statement of the amount you 
owe and the date payment is due. We may then report you as 
delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must 
write to us within 10 days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you 
are questioning your bill. We must tell you the name of anyone to whom 
we reported you as delinquent, and we must let those organizations 
know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first 
$50 of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card 
Purchases 

If you are dissatisfied with the goods or services that you have 
Purchased with your credit card, and you have tried in good faith to 
correct the problem with the merchant, you may have the right not to pay 
the remaining amount due on the Purchase. 

To use this right, all of the following must be true: 

1. The Purchase must have been made in your home state or within 
100 miles of your current mailing address, and the purchase price 
must have been more than $50. (Note: Neither of these are 
necessary if your Purchase was based on an advertisement we 
mailed to you, or if we own the company that sold you the goods or 
services.) 

2. You must have used your credit card for the Purchase. Purchases 
made with Cash Advances from an ATM or with a check that 
accesses your credit card Account do not qualify. 

3. You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the 
Purchase, contact us in writing at: 

Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036 

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. 

LIABILITY FOR UNAUTHORIZED USE 
If your name appears on the Account for the Card(s) accompanying this 
Agreement, then by using or permitting another to use the Card(s) and/or 
PIN, you agree to all the provisions of this Agreement, including, but not 
limited to your promise to pay.  You will not be liable for unauthorized 
use that occurs after you notify Commerce Bank orally or in writing.  
Notification of loss, theft or possible unauthorized use may be mailed to 
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or 
you may call 1-800-645-2103. 

__________________________________________ 

If you have any questions regarding this Agreement, or our current fee 
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas 
City, MO 64141-1036, or call us at 1-800-645-2103. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Commerce Bank credit cards may come with optional credit card 
payment features, including Special ConnectionsSM and toggle®. The 
Special Connections and toggle® features are offered at the sole 
discretion of Commerce Bank (“Commerce”) to Accountholders (“You” or 
“Your”) that have Qualified Commerce Bank Credit Card Accounts.    A 
"Qualified Commerce Credit Card Account" means any open Account 
that is not designated by Commerce as lost, stolen, fraud transferred, 
credit revoked, closed, bankrupt, charged off, or in Consumer Credit 
Counseling or recovery. By using these optional features, you 
acknowledge that you have read and accepted the Commerce Bank 
Special Connections Terms and Conditions and the Commerce Bank 
toggle® Terms and Conditions which shall govern your use of and rights 
under these optional features. 

The Special ConnectionsSM and toggle® Terms and Conditions are a 
separate agreement and are not part of your cardholder agreement. 

SPECIAL CONNECTIONSSM FEATURE 
With the Special ConnectionsSM Feature, and as permitted from time to 
time, you may use your Card to access Commerce Bank Special 
Connections Feature-eligible deposit accounts, credit cards, lines of 
credit, and/or loans. You may request the Special Connections Feature 
from a Commerce Bank branch, through Commerce Bank Online 
Banking, or from our Customer Service Department at 1-800-645-2103. 
These features are not automatically activated. 

For customers with a Special Connections® Visa® or MasterCard® credit 
card, please note: The Special ConnectionsSM Feature is different from a 
Commerce Bank Special Connections Visa or MasterCard credit card.  
The Special Connections Feature allows you to add certain functionality 
to any Commerce Bank-issued credit card, including Commerce Bank’s 
Special Connections Visa or MasterCard credit card.  However, your 
Special Connections Visa or MasterCard credit card is not automatically 
enabled with the Special Connections Feature.  You must proactively 
enroll any credit card, including your Special Connections Visa or 
MasterCard credit card, in the Special Connections Feature in order for 
that card to utilize the Special Connections Feature’s capabilities 
described herein. 

ELECTRONIC FUND TRANSFERS 
The following provisions apply only to Electronic Fund Transfers 
(“EFTs”).  EFTs are any transfer of funds initiated with your Card(s) at an 
ATM or as a debit transaction at Point of Sale.  We can cancel these 
services at any time and for any reason without notice.  We can also 
cancel your entire Account, including credit card services, and revoke 
your Card(s) as provided in the CANCELLATION paragraph above.  This 
may be done by an ATM or merchant not returning your Card(s) to you.  
We may change the terms of this Agreement relating to EFTs without 
notice to you unless required by law. 

TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT 
OF UNAUTHORIZED TRANSFER 
Tell us AT ONCE if you believe your card has been lost or stolen, or if 
you believe that an electronic fund transfer has been made without your 
permission using information from your check. Telephoning is the best 
way of keeping your possible losses down. You could lose all the money 
in your account plus your maximum overdraft line of credit. If you tell us 
within 2 business days after you learn of the loss or theft of your card, 
you can lose no more than $50 if someone used your card without your 
permission.  

If you do NOT tell us within 2 business days after you learn of the loss or 
theft of your card, and we can prove we could have stopped someone 
from using your card without your permission if you had told us, you 
could lose as much as $500.  

Also, if your statement shows transfers that you did not make, including 
those made by card, code or other means, tell us at once. If you do not 
tell us within 60 days after the statement was mailed to you, you may not 
get back any money you lost after the 60 days if we can prove that we 
could have stopped someone from taking the money if you had told us in 
time. If a good reason (such as a long trip or a hospital stay) kept you 
from telling us, we will extend the time period. By permitting another 
person to use the card, you authorize and are fully liable for any 
transactions that person initiates until that person's authority is ended. 
You may only end that person's authority by notifying us.  

If you believe your card has been lost or stolen, or that someone has 
transferred or may transfer money from your account without your 
permission, call us at 1-800-617-7480 or write to us at Commerce Bank, 
PO Box 411036, Kansas City, MO 64141-1036. You should also call the 
number or write to the address listed above if you believe a transfer has 
been made using the information from your check without your 
permission.  

BUSINESS DAY 
Our business days are Monday through Friday. Federal Reserve 
holidays are not included.  

TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS 
Account Access.  The following EFTs are only available if you request 
the Special ConnectionsSM Feature. Depending on the type of accounts 
that Commerce determines from time-to-time are eligible for the Special 
Connections Feature as well as which of your accounts you choose to  
access using the Special Connections Feature, you may use your Card 
to perform the following functions where otherwise permitted:  

                           4 

OPTIONAL FEATURES 

ATM Transaction 
At the ATM, insert your Card and enter the credit card PIN that you 
established for this Card to (i) withdraw cash from, deposit money in,  
transfer funds between, or learn the balances in your checking, regular 
savings or money-market accounts; (ii) use funds from your checking, 
regular savings, and money-market accounts to make payments on your 
Commerce credit cards, lines of credit or loans or (iii) take cash 
advances on your Commerce credit cards.   

The account(s) you designate for ATM accessibility will be considered 
your Special ConnectionsSM Feature at the ATM Account(s) (“ATM 
Account”).  If you wish to designate one or more checking accounts as 
an ATM Account, then you must designate one of those checking 
accounts as your Point of Sale Account as defined below.   In order to 
have ATM access to your checking accounts, you must at all times 
maintain a Point of Sale Account.  If you no longer have a Point of Sale 
Account, then you will lose ATM access to all of your checking accounts.  

Commerce has no control over the functionalities offered at non-
Commerce ATMs.  Some or all of these features may not be available at 
all non-Commerce ATMs and some ATMs may allow you to perform 
other functions not mentioned here, including the ability to make 
purchases (e.g. stamps).  If at any time you use a non-Commerce ATM 
to request to take money from an account that you do not have or if the 
non-Commerce ATM does not prompt you to select a specific account 
from which to take the money, then you agree that Commerce will 
attempt to comply with your request by providing you with money from 
one of your open ATM Accounts. Cash withdrawals may be taken from 
any open deposit ATM Account owned by you and cash advances may 
be taken from any credit card ATM Account owned by you. 

Point of Sale Transaction 
You may designate one (1) checking account as your Special 
ConnectionsSM Feature at the Point of Sale Account (“Point of Sale 
Account”).  At merchants that have agreed to accept the Card on 
networks utilized by us, you can use funds in your Point of Sale Account 
to pay for your purchases. The use of your Card in this manner 
constitutes a simultaneous withdrawal from and/or demand upon your 
checking account, even though the transaction may not actually be 
posted to your account until a later date.  

Only Commerce checking accounts are eligible for this functionality and 
only one (1) Commerce Bank checking account can be designated as 
the Point of Sale Account at any one time.  Your Point of Sale Account 
shall always remain as an ATM Account.  If at any time you instruct 
Commerce to remove the Point of Sale capabilities from your card, you 
will no longer have access to any of your checking accounts at the ATM.   

ATM and Point of Sale transactions will post to your checking account(s) 
as detailed in your Deposit Agreement.    

Foreign Transaction 
For transactions occurring outside of the United States, the nature of 
which is unspecified to us, we will apply the transaction to accounts in 
the following order: checking, money-market, regular savings, 
Commerce Visa or Commerce MasterCard. 

Limitation on Frequency of Transfers.  There are no limitations on the 
number of transfers that can be made during any time period to or from 
any deposit account, except as provided by federal regulations limiting 
preauthorized transfers. By federal regulation, you are limited during any 
statement cycle to six preauthorized transfers (three of which may be by 
check, draft or similar order if the account is a money market-type 
account). 

Limitation on Dollar Amount of Transfers.  The balance available for 
authorizing purchases and cash withdrawals is the lesser of 1) your 
available deposit account balance, plus any credit available through an 
overdraft protection line of credit or through any overdraft authorized by 
us in our sole discretion, OR 2) daily dollar limitations. For cash 
advances against a Commerce Bank credit card, you may withdraw cash 
up to the lesser of your credit line or daily dollar limitations. In addition, 
daily withdrawal frequency limitations may apply to cash advances. 
Dollar limitations may differ at ATMs other than ours. 

Online Gambling.  You agree that you will not use your card for any 
purpose that has been deemed illegal. We reserve the right to deny 
authorization requests from online gambling merchants, whether or not 
online gambling is illegal in the state in which you use your card. 

Reservations and Merchant Authorization.  Under certain 
circumstances, a merchant (e.g., hotel) may require the use of a card to 
guarantee reservations that may result in a hold on the available funds in 
the account. If you cancel any guaranteed reservation made using the 
card, you must obtain a cancellation number. If you fail to do so, the hold 
placed for the guaranteed reservation will not be canceled and the 
amount will be held against the balance in the account. This may limit 
your future transactions. Further, if the merchant subsequently charges 
the amount of the guaranteed reservation to the account, we will not be 
obligated to re-credit the account if you fail to obtain a cancellation 
number. In addition, authorizations issued for card transactions must be 
canceled when you initiate a card transaction and subsequently use 
another form of payment for the transaction such as a credit card or 
cash, since failure to have the authorization canceled may also result in 
a hold on funds in the account and limit your future transactions. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
POINT OF SALE TRANSACTIONS 
The use of your card with the Special ConnectionsSM Feature to 
purchase goods and services constitutes a simultaneous withdrawal from 
and/or demand upon your checking account, even though the transaction 
may not actually be posted to your account until a later date. Any person 
or merchant honoring your card may be required to obtain approval or 
authorization for any transaction. When we approve a non-PIN 
transaction (which may or may not require your signature), we may 
immediately reduce the available balance in your checking account by 
the authorization amount requested by the merchant even though we 
have not received the transaction electronically for payment, which may 
differ from the final posted amount.  

This authorization amount will not be available until our receipt of the 
transaction OR no more than three business days after the transaction 
date, whichever first occurs. If funds are not available for checks, other 
items or debits, you may be subject to overdraft or insufficient funds fees. 
Transactions with your card will be posted to your account in the order 
and with the same legal effect as checks or other debits drawn on your 
account. You may use your card only in the manner and for the purposes 
authorized by this Agreement. We may recognize a transaction even if 
we have not authorized it, but that does not mean we will authorize the 
same type of transaction again. You do not have the right to stop 
payment on any transaction originated by use of your card with the 
Special ConnectionsSM Feature, except recurring preauthorized transfers 
as described in this Agreement.  

Overdrafts. You are responsible for all authorized transactions initiated 
by use of your card with the Special ConnectionsSM Feature. If a negative 
balance (overdraft) in your checking account results from the use of the 
card with the Special Connections Feature, you will pay us on demand 
this negative balance and our then current charge for overdrafts. If you 
have an overdraft line of credit (Checking Plus) for an account, you are 
bound by the rules and regulations that apply to that credit privilege 
(Overdraft Protection). In addition, if your checking account is closed 
before transactions are posted, you will pay us on demand the 
outstanding amount. 

FEES 
Fees for all Electronic Fund Transfer services are disclosed in our fee 
schedule. You will receive a fee schedule at account opening. You may 
request a copy of our current fee schedule at any Commerce branch or 
by contacting 1-800-453-2265. When you use an ATM not owned by us 
you may be charged a fee by the ATM operator (or any network used) for 
a transaction or for a balance inquiry even if you do not complete a fund 
transfer. 

RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS 

Terminal Receipts. You will get a receipt at the time you make any 
transfer to or from your deposit account using an ATM or electronic POS 
terminal.  

Preauthorized Credits. If you have arranged to have direct deposits 
made to your deposit account at least once every 60 days from the same 
person or company, you can call us at 1-800-746-8704 to find out 
whether or not the deposit has been made.  

Periodic Statement. You will get a monthly deposit statement if you 
have a deposit account upon which checks or drafts may be drawn. You 
will get a monthly deposit statement on your regular savings account if 
there are electronic transfers during the month. In any case, you will get 
a regular savings deposit statement quarterly. 

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES 
We will disclose information to third parties about your account or the 
transfers you make:  
  Where it is necessary for completing transfers. Merchants with 

whom you’ve shared your account number may be updated with 
new account information to ensure the continuation of your payment 
agreement.  
In order to verify the existence and condition of your account for a 
third party, such as a consumer reporting agency or merchant.  
In order to comply with government agency or court orders.  
If you give us your permission.  
In accordance with our current Privacy Policy Notice.  

 

 
 
 

RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND 
PROCEDURES FOR DOING SO; RIGHT TO RECEIVE NOTICE OF 
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP 
PAYMENT 
If you have told us in advance to make regular payments out of your 
deposit account, you can stop any of these payments. Here’s how: Call 
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036, 
Kansas City, MO 64141-1036 in time for us to receive your request three 
business days or more before the payment is scheduled to be made. If 
you call, we may also require you to put your request in writing and get it 
to us within 14 days after your call.  

Notice of Varying Amounts. If these regular payments may vary in 
amount, the person you are going to pay will tell you, 10 days before 
each payment, when it will be made and how much it will be. You may 
choose to get this notice only when the payment would differ by more 
than a certain amount from the previous payment, or when the amount 
would fall outside certain limits that you set.  

Liability for Failure to Stop Payment of Preauthorized Transfers. If 
you order us to stop one of these payments three business days or more 
before the transfer is scheduled, and we do not do so, we will be liable 
for your losses or damages.  

damages. However, there are some exceptions. We will not be liable, for 
instance:  
 

If through no fault of ours, you do not have enough money in your 
account to make the transfer.  
If the transfer would go over the credit limit on your overdraft line.  
If the ATM where you are making the transfer does not have 
enough cash.  
If the terminal or system was not working properly and you knew 
about the breakdown when you started the transaction.  
If circumstances beyond our control (such as flood or fire) prevent 
the transfer, despite reasonable precautions that we have taken.  
There may be other exceptions stated in our Agreement with you.  

 
 

 

 

 

ERROR RESOLUTION PROCEDURES 
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City, 
MO 64141-1036 as soon as you can, if you think your statement or 
receipt is wrong, or if you need more information about a transfer listed 
on the statement or receipt. We must hear from you no later than 60 
days after we sent the FIRST deposit statement on which the problem or 
error appeared.  
 
 

Tell us your name and account number.  
Tell us the name of the merchant, the transaction date and the 
dollar amount of the suspected error.  
Describe the error or the transfer you are unsure about, and explain 
as clearly as you can why you believe it is an error or why you need 
more information.  
Tell us if you have already attempted to resolve the issue directly 
with the merchant.  
If you tell us orally, we may require that you send your complaint or 
question in writing within 10 business days.  

 

 

 

We will determine whether an error occurred within 10 business days 
after we hear from you and will correct any error promptly. If we need 
more time, however, we may take up to 45 calendar days to investigate 
your complaint or question. If we decide to do this, we will credit your 
deposit account within 10 business days for the amount you think is in 
error so that you will have the use of the money during the time it takes 
us to complete our investigation. If we ask you to put your complaint or 
question in writing and we do not receive it within 10 business days, we 
may not credit your deposit account.  

For errors involving new accounts, point-of-sale, or foreign-initiated 
transactions, we may take up to 90 days to investigate your complaint or 
question. For new accounts, we may take up to 20 business days to 
credit your account for the amount you think is in error.  

We will tell you the results within three business days after completing 
our investigation. If we decide that there was no error, we will send you a 
written explanation. You may ask for copies of documents that we used 
in our investigation. 

TOGGLE® FEATURE 
Commerce may add toggle® to any Qualified Commerce Visa or 
MasterCard Credit Card Account.  

DEMAND DEPOSIT ACCOUNT 
You may link up to two (2) DDAs to Your Qualified Commerce Credit 
Card Account for the use of the toggle® payment feature. 

If You link a Commerce DDA to Your Account, that DDA must be an 
open checking account. You must have an ownership relationship to that 
DDA in order to link it to Your credit card Account. Any person using the 
Account and/or related Card(s) with the expressed or implied permission 
of any of the applicants ("Authorized Users") will have access to the 
linked DDA through the use of Your Account.  

Any DDA that has been designated by Commerce as having a 
garnishment, a closed-to-posting restriction, or has been forced to close 
by Commerce, will not be eligible to link to Your Account for the purpose 
of the toggle® payment feature. Small Business banking accounts will not 
be eligible to link to Your Account for the purpose of the toggle® payment 
feature.  

If You link a non-Commerce DDA to Your Account, You must provide 
Commerce with the account number and the routing information for that 
financial institution. Certain transaction restrictions may apply to such 
non-Commerce DDAs. Please refer to such bank's terms and conditions 
of Your DDA for applicable fees, restrictions and/or limitations of Your 
DDA.  

PAYMENT PREFERENCES 
"Payment Preferences" means the selection of a category, setting and/or 
amount you choose to determine if a credit card purchase is to be paid 
for from your linked DDA or if it is to remain a part of your credit card 
balance.  

PAY NOW™  
"Pay Now™" means a credit card purchase that will be automatically 
paid for from Your DDA according to Your Payment Preferences. Any 
purchase made by You or an Authorized User with Your Account, will be 
paid for from the DDA that has been linked to Your Account, and in 
accordance with the Payment Preferences that have been selected by 
the applicants of the Account. 

When a toggle® credit is posted to your Account, we reserve the right to 
place a temporary hold on the available credit created by the toggle® 
credit. Toggle® does not, nor is it intended to, shorten the time-frame in 
which your available credit is replenished after a payment to your 
Account. 

Our Liability for Failure to Make Transfers. If we do not complete a 
transfer to or from your deposit account on time or in the correct amount 
according to our Agreement with you, we will be liable for your losses or 

Purchases may take 1-2 business days to post to Your Account following 
the date of Purchase. After the Purchase has posted to Your Account, an 
ACH may take 1-2 business days to appear as a debit on Your DDA. 

                           5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This authorization is to remain in effect until Commerce has received 
electronic notice of termination from You. You may terminate toggle® 
electronically through Online Banking, or by contacting us at 1-800-645-
2103. Your notice must be sent in such time and manner as to afford 
Commerce Bank a reasonable opportunity to act upon the termination 
(but in no event less than three business days). Commerce reserves the 
right to decline or cancel toggle® service at any time. 

Payments are not applied to the required minimum payment due on Your 
Statement each month. You will still have a required minimum payment 
due each month, which will appear on Your Statement and will be 
subject to the terms of Your cardholder agreement. 

PAY LATER™  
"Pay Later™" means any Purchase that is made with Your Account that 
will not be automatically paid for from a DDA, and will become a part of 
your outstanding credit card balance.  
You may choose to use the Pay Later™ feature for Your Purchases by 
choosing not to activate a specific Payment Preference, by deactivating 
a previously chosen Payment Preference, by cancellation of a linked 
DDA, or by the cancellation of the toggle® payment feature from Your 
credit card Account. 

UNWIND® 
"Unwind®" means the ability to return funds that were used to pay for a 
Purchase from Your DDA with the Pay Now™ feature, and to have the 
original Purchase placed back on to Your Account. 

You will have up to 30 calendar days to use the Unwind® feature for a 
Pay Now™ feature Purchase. When the Purchase posts back to Your 
Account, it will post with the original transaction date, and will be subject 
to interest charges according to the terms of Your Cardholder 
Agreement. We reserve the right to limit the total amount of your 
Unwind® feature requests from exceeding the available credit for Your 
Account. 

TOGGLE ON DEMAND™ 
“toggle On Demand™” means any credit card purchase that You 
manually choose to be paid from either Your DDA or reward points after 
the transaction posts to Your Account.  

ACH RETURNS 
If an ACH payment request is returned for any reason, the original 
Purchase that initiated that ACH payment request will be posted back to 
Your Account, and will be due according to the terms of Your Cardholder 
Agreement. 

An ACH return for any reason will result in the deactivation of any active 
Payment Preferences for the DDA that caused the return, and any other 
DDA that might share an active Payment Preference. Your Payment 
Preferences will remain deactivated until such time that you re-activate 
Your Payment Preferences. 

If Your Payment Preferences are not active, any pending and future 
Purchases that previously matched that Payment Preference, will post to 
Your Account and will not initiate an ACH payment request. These 
Purchases will become a part of your outstanding credit card balance 
with Commerce, and will be due according to the terms of Your 
Cardholder Agreement. 

If You have linked a Commerce DDA to Your Account, any ACH 
payment request that would result in an overdraft of Your DDA will be 
returned to Your Account, and no overdraft or insufficient funds fees will 
be assessed to You. If you have linked a non-Commerce DDA to Your 
Account, You may be assessed overdraft and/or insufficient funds fees 
according to that financial institution's deposit agreement. 

toggle® ALERTS 
Commerce will use the email address provided by You at the time of the 
Account(s) or Card(s) opening to notify you of important changes in 
regards to the toggle® payment feature for Your Account. You will not be 
able to turn off these notifications. You agree that You are responsible 
for maintaining a valid email address and agree to notify us of any 
change in Your email address. You can change the email address for 
account notification at any time through Commerce Online Banking. 
Should delivery of the account notification be unsuccessful, it remains 
Your responsibility to monitor Your toggle® Payment Preferences in a 
timely manner from Commerce Online Banking.  

GENERAL TERMS & CONDITIONS 
You must be enrolled in a Commerce Rewards Program in order to 
receive rewards for Your Purchases.  

Commerce reserves the right, in its sole discretion, to suspend, cancel or 
modify the toggle® payment feature at any time and for any reason and 
without prior notice.  

Commerce reserves the right, in its sole discretion, to add, delete, 
change or revise these Terms and Conditions including, but not limited 
to, qualifications for participation in toggle®.  

Commerce reserves the right, in its sole discretion, to disqualify any 
Accountholder from participation in toggle® in cases of actual or 
suspected abuse, fraud, violations of these Terms and Conditions or any 
actual or suspected abuse or fraud with respect to the Account or DDA.  
Neither Commerce nor its third-party service providers, their respective 
employees, officers, affiliates or agents will be liable to You for any 
action or inaction any of them take or fail to take with respect to toggle® 
or any changes to these Terms and Conditions.  

All trademarks, service marks and trade names used by Commerce for 
toggle®, including the toggle® design are property of Commerce. No use 
of these may be made without the prior written authorization of 
Commerce.  

By using toggle® , You agree to all of the toggle® features, limitations and 
restrictions contained in these Terms and Conditions as well as any 
additional terms and conditions contained in any programs, promotions 
or transactions that may be offered to You from time-to-time and any 
terms and conditions contained in any document issued to You by 
Commerce.  

                           6