PRICING DISCLOSURES 

These Pricing Disclosures are part of the Cardholder Agreement. 

Interest Rates and Interest Charges 
29.99% 
Annual  Percentage  Rate 
(APR) for Purchases 

APR for Cash Advances 

29.99% 

Paying Interest 

Your due date will be a minimum of 21 days after the close of each billing 
cycle. We will not charge interest on new purchases if you pay your entire 
balance by the due date each month. We will begin charging interest on cash 
advances on the post date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1.00. 

Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a credit 
card,  visit  the  website  of  the  Consumer  Financial  Protection  Bureau  at 
http://www.consumerfinance.gov/learnmore. 

Fees 
Set-Up and Maintenance Fees 

Notice: The Annual  Fee  will  be  assessed  before  you  begin  using  your 
card  and  will reduce  the  amount  of  credit you  initially  have  available. 
Based on your initial credit limit of $300.00, your initial available credit 
will only be $225.00. 

You  may still  reject the  plan,  provided  that  you  have  not  yet  used  the 
account or paid a fee after receiving a billing statement.  If you reject the 
plan, you are not responsible for any fees or charges. 

Annual Fee 

$75.00 for first year 

After that, $48.00 annually. 

Monthly Servicing Fee 

Transaction Fees 

Cash Advance Fee 

Penalty Fees 

Late Payment Fee 

Returned Payment Fee 

None for first year (introductory) 

After that, $75.00 annually ($6.25 per month). 

None for first year (introductory).   After that, either $10.00 or 3 % of 
the amount of each cash advance, whichever is greater. 

Up to $40.00 

Up to $40.00 

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including new purchases).” 
See your cardholder agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is included in the 
cardholder agreement and on the back of your monthly billing statement. 

CHA_202106TS1_1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    Additional Information Regarding Interest Charges and Other Fees 

Your Account is subject to the following Interest Charges and Fees, each of which will be charged to your Account as 
a Purchase for the purpose of calculating Interest Charges: 

Interest Charges: 

Paying Interest Charges. You agree to pay us Interest Charges on your Account as described herein. Subject to any 
grace period for new Purchases as described in the next section, Interest Charges will be imposed beginning the date a 
Purchase or Cash Advance is posted to your Account and will continue to accrue until payment is posted. 

How to Avoid Paying Interest Charges on New Purchases (Grace Period).  If you paid the New Balance on your 
prior monthly billing statement by the due date shown on that billing statement, we will not impose any Interest Charges 
on new Purchases, or any portion of a new Purchase, paid by the due date on your current monthly billing statement 
(which will be at least 21 days from the billing cycle closing date). New Purchases are Purchases that first appear on 
your current billing statement. Cash Advances are subject to Interest Charges from the date the transaction is posted to 
your Account. Unlike Purchases, this means there is no time in which you can pay the balance of Cash Advances in 
order to completely avoid Interest Charges on Cash Advances. 

Daily Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE (APR). Interest Charges for Purchases 
and  Cash  Advances  are  calculated  at  a  daily  periodic  rate  of  0.08215%,  which  is  a  corresponding  ANNUAL 
PERCENTAGE RATE (APR) of 29.99%. We calculate the daily periodic rate by dividing the APR by 365. Subject 
to any grace period, the APR applied to Purchases will be applied to Fees assessed to your Account. 

How We Calculate Interest Charges – We use the Average Daily Balance Method (Including New Purchases) to 
calculate the  Interest Charges for each billing cycle. We calculate the  Interest Charges separately on the Purchase 
balance and the Cash Advance balance that is subject to an APR. We figure the Interest Charges on the Purchase balance 
and Cash Advance balance by multiplying the Average Daily Balance for each balance by the Daily Periodic Rate that 
applies to that balance. We then multiply that amount by the number of days in the billing cycle. The result is the Interest 
Charges for that balance. 

How We Calculate Average Daily Balance  – We calculate the Daily Balance as follows: (1) we take the previous 
day’s balance (which may include unpaid interest), (2) add new Purchases (including Fees and other charges) to the 
Purchase balance and Cash Advances to the Cash Advance balance, (3) add any interest accrued on the previous day’s 
balance (this results in daily compounding of interest), and (4) subtract any payments or credits as of the date posted to 
your Account, and any other adjustments as of the day they are credited to your Account. We figure the Average Daily 
Balance (shown as the Balance Subject to Interest Rate on your statement) separately for Purchases and Cash Advances 
for each billing cycle. We do this by (A) adding up the Daily Balances for each balance type, and (B) dividing the result 
for each balance type by the number of days in the billing cycle. This gives us the Average Daily Balance. If a Daily 
Balance is negative, we treat it as zero. 

Minimum Interest Charge. In any month in which an Interest Charge is due, if that Interest Charge is less than $1.00, 
we may charge you a minimum Interest Charge of $1.00. Notwithstanding the foregoing, during the first 12 months your 
Account is open, any Interest Charges assessed on your Account will be equal to the actual accrued interest.

 
 
 
 
 
 
 
 
 
Fees: 

Annual Fee. Your Account will be assessed an Annual Fee of $75.00 when your Account is opened and $48.00 every 
twelve months thereafter whether or not you use your Account. The Annual Fee is non-refundable except as provided 
in the Section below entitled “Refund Disclosure.” Your payment of the Annual Fee does not affect our right to close 
your Account. The Annual Fee will not be billed to your Account after your Account is closed. The Annual Fee will be 
pro-rated based on when the Account is reopened and the Card is re-issued. 

Monthly Servicing Fee. Your Account will not be charged a Monthly Servicing Fee for the first year (introductory) 
following Account opening. Each month thereafter, your Account will be charged a Monthly Servicing Fee of $6.25 per 
month ($75.00 annually). This fee will be billed until your Account is closed and the balance is $20.00 or less. 

Cash Advance Fee.  In addition to the periodic Interest Charge we assess on Cash Advances, each time you obtain a 
Cash Advance, we will impose a transaction fee of $10.00 or 3% of the amount of each Cash Advance, whichever is 
greater.  Notwithstanding  the  foregoing,  your  Account  will  not  be  charged  any  Cash  Advance  fees  for  the  first  year 
(introductory) following Account opening. 

Late Payment Fee.  If we do not receive payment from you in at least the amount of your Total Minimum Payment 
Due by the due date shown on your monthly billing statement, you will be charged a Late Payment Fee. The fee will be 
the lesser of (a) $29.00 if you did not incur a Late Payment Fee during any of the prior six billing periods; otherwise 
$40.00, or (b) your past due Total Minimum Payment Due amount. 

Returned Payment Fee.  If any check or other item tendered in payment of the amount due on your Account is returned 
unpaid for any reason, you will be charged a Returned Payment Fee. The fee will be the lesser of (a) $29.00 if you did 
not incur a Returned Payment Fee during any of the prior six billing periods; otherwise $40.00, or (b) your past due 
Total Minimum Payment Due amount. 

Additional Card Fee. If you authorize us to issue an additional Card for an Authorized User, an Additional Card Fee 
of $29.00 will be imposed annually for each additional Card. This fee  will be assessed at the time you request each 
Additional Card and annually thereafter following each anniversary date of your Account opening, whether or not the 
additional Card is used. This will reduce your initial available credit by the amount of the fee(s). The Additional Card 
Fee is non-refundable except as provided in the Section below entitled “Refund Disclosure.” The Additional Card Fee 
will be pro-rated the first year based on when the additional Card is issued. 

Premium Plastic Card Design Fee. If you choose to select a Premium Plastic Card Design, you authorize us to bill a 
one-time Premium Plastic Card Design Fee to your account. The cost of the selected card will be disclosed to you at the 
time you select it, however, will never exceed $10.00. The Premium Plastic Card Design Fee is refundable if you request 
to cancel the Premium Card Design and notify us of your election within thirty (30) days or one billing cycle (whichever 
is less) after the fee appears on your monthly billing statement.  

Credit Limit Increase Fee.  After your Account has been open for at least one year, a fee of 20% of the amount of any 
increase in your credit limit may be charged to your Account as a Credit Limit Increase Fee. For example: if your credit 
limit is increased by $100, a $20.00 Credit Limit Increase Fee will be assessed, which will result in additional available 
credit of $80.00 on your Account. This fee is automatically assessed upon your acceptance of each credit limit increase. 

Express Delivery Fee. We impose a $35.00 fee for the express delivery of your Card. 

Copying Fee.  If you request duplicates of any monthly billing statement or other document, a copying charge of $3.00 
may be imposed for each copy we provide, unless the request is made in connection with a bona fide billing error dispute.

 
 
 
 
 
 
 
 
 
 
VISA® CARDHOLDER AGREEMENT 

THIS  CARDHOLDER AGREEMENT CONTAINS AN  ARBITRATION PROVISION.    UNLESS  YOU  ACT 
PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT 
ON  YOUR  RIGHTS  IN THE  EVENT  OF  A  DISPUTE,  INCLUDING  YOUR  RIGHT  TO  BRING  OR 
PARTICIPATE IN A CLASS ACTION. 

This  cardholder agreement (“Agreement”) contains the  terms  and  conditions under  which The Bank of  Missouri has 
agreed to establish a Visa credit card Account (“Account”) for you.  The accompanying Pricing Disclosures are part of 
this Agreement. This Agreement contains our most current terms and supersedes any prior terms you may have received 
from us.  Please read this Agreement carefully and retain it for your future reference. 

Acceptance of Agreement.  Use of the Card or Account by you or an Authorized User shall constitute your agreement to 
the  terms and conditions of this Agreement.  Whenever stated in this Agreement that  we  may take certain described 
actions, this permits us to do so at our sole discretion. 

Effective Date of Agreement.  Unless you are a resident of the State of New York, this Agreement is effective upon the 
earlier of (1) the first Purchase made or Cash Advance taken on your Account, and (2) the expiration of 30 days from 
the date we deliver this Agreement to you if you do not provide us written notice of your desire to cancel within this 30 
days. If you are a resident of the State of New York, this Agreement is not effective until the first Purchase made or 
Cash Advance taken on your Account. In all cases, if any Fees are required to be paid prior to opening your Account, 
this Agreement will not be effective and your Account will not be opened until such Fees are paid in full. You are not 
obligated to pay any Fees or Interest Charges (other than any Fees required to be paid prior to opening your Account) 
until this Agreement is effective. 

Defined Terms 

“You” and “your” mean each person who applied for the Account, each person to whom The Bank of Missouri issues a 
Card. 

“We,”  “us,”  “our,”  means  The  Bank  of  Missouri,  St.  Robert,  Missouri,  and  our  agents,  authorized representatives, 
successors, and assignees or other holders of this Agreement or your Account. 

“Authorized User” means anyone who uses a Card or your Account with your consent. 

“Card” means any Visa credit card issued in connection with your Account, including all renewals and substitutions. It 
also  means  any  other  access  device  for  your  Account  we  give  you  that  allows  you  to  obtain  credit,  including  any 
Account number. 

“Cash Advance” means each of the following transactions:  (a) a transaction drawing upon your Account using your 
Card  and  PIN  (described below)  at  an  ATM that bears the  Visa® logo; (b)  a  transaction at  any participating Visa® 
financial institution drawing  upon  your  Account; (c)  an  electronic or  other  transfer of  funds  initiated  by  us,  at  your 
request (i.e., we sign the check as the drawer), drawing upon your Account; (d) use of a check provided by us (i.e., you 
sign  the check as the drawer) drawing upon  your  Account; (e) a  transaction and the  fees associated with using your 
Card  to  purchase  cash  equivalents,  including  wire  transfers,  money orders,  and  travelers’  checks;  and  (f)  any other 
method of obtaining a cash loan. 

“Fees”  means  charges  imposed  on  your  Account  as  described  in  this  Agreement  that  are  not  based  on  an  Annual 
Percentage Rate. 

“Interest Charges” means any charges to your Account based on the application of an Annual Percentage Rate. 

“New Balance” means the outstanding balance of your Account at the end of any billing cycle. 

“Purchase” includes (a) a transaction using your Card to purchase or lease goods or services from one  who honors 
the Card; (b) any other Account related Fees; and (c) any other transaction that is not otherwise a Cash Advance. 

Other important words used in this Agreement begin with capital letters. They are defined throughout this Agreement. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Using Your Card 

Permitted  Uses.  You  may  use  your  Card  and  your  Account  to  make  Purchases  wherever  your  Card  is  accepted, 
provided your Account is  in good standing and  you have available credit. Each time  you  use  your  Card, either for a 
Purchase or a Cash Advance, you are requesting us to make a loan to you for the amount of the Purchase or the Cash 
Advance. If you use your Account number to make a Purchase or obtain a Cash Advance without presenting your Card 
(such as for a mail order, telephone or internet purchase), the legal effect will be the same as if you used the Card itself.  
Each Purchase and Cash Advance obtained will reduce the available credit under your credit limit until it is repaid in 
accordance with the terms of this Agreement. 

Cash Advances.  You may use your Card to obtain Cash Advances if your Account has been open for at least the later of 
ninety (90) days or three completed billing cycles, is not past due and you have available credit for Cash Advances. You 
may obtain Cash Advances from an Automated Teller Machine (“ATM”) or through a bank teller. However, the total  of 
your  unpaid  Cash  Advances  may  not  exceed  one-half  of  your  credit  limit. Cash  Advance amounts may also be 
subject to limits imposed by banks and ATM operators. 

Prohibited Uses. You  may  not use  your Card outside the  United States, or  to  make a  charge in a  foreign currency. 
The Card may not be used for any illegal transactions. The Card may not be used for online gambling transactions or 
at an automated fuel pump. You further acknowledge that your Card will be for personal use and may not be used for 
business purposes.  If you use, or allow someone else to use your Card or Account for any prohibited purpose, you will 
be responsible for such use and may be required to reimburse us for all amounts or expenses we pay as a result of such 
use. 

Card. You agree to sign the back of the Card issued to you in connection with your Account immediately upon receipt. 
The Card is valid during the dates provided on the front. The Card is our property, and you will return it to us or destroy 
it if we ask. 

PIN. Upon your request, you may be assigned a personal identification number (“PIN”). With a PIN, you may use your 
Card to obtain Cash Advances from an ATM. You should keep your PIN secure and not write it down, give it to anyone, 
or keep it with your Card. If you lose your Card or believe that someone has gained unauthorized access to your PIN, 
you must contact us immediately.  You may request or change your PIN by calling us at (800) 951-5075. 

Credit Limit. Your  credit limit  is  the  maximum amount of  credit we  have approved for  your  Account. Your  credit 
limit will be disclosed to  you when your Card is issued and will also appear on your monthly billing statement. You 
agree not to make any Purchase or obtain any Cash Advance that would cause the unpaid balance of your Account to 
exceed your credit limit. The total of your unpaid Cash Advances may not exceed one-half of your credit limit. You agree 
that we may change your credit limit at any time without affecting your obligation to pay the amounts you owe under 
this Agreement. At our sole discretion, we may honor Purchases or Cash Advances in excess of your credit limit without 
raising your credit limit. If we do, we may require you to pay us any amount over your credit limit immediately. If we 
have previously allowed your balance to exceed  your credit limit, it does not  mean that we  will permit your balance 
to exceed your credit limit again. See the next section with respect to credit limit increases. 

Credit  Limit  Increases.  Through  notification from  us  or  upon  your  request,  your  Account  may  be  reviewed  for  a 
credit limit increase after being open for at least twelve (12) billing cycles.  If you accept a credit limit increase offer, a 
Credit  Limit  Increase  Fee  will  be  assessed  to  your  account.  Please  refer  to  the  Pricing  Disclosures  for  more 
information about the Credit Limit Increase Fee.  We reserve the right to decline your request for a credit limit increase in 
our sole discretion. 

Lost or Stolen Card; Liability for Unauthorized Use. You will take reasonable steps to prevent the unauthorized use 
of  your  Card  and  Account.  If  your  Card  is  lost  or  stolen,  or  you  think  someone  used  your  Account  without  your 
permission, tell  us  immediately by  notifying us  by phone  at  (800) 951-5075 or  in  writing at  PO  Box  85860, Sioux 
Falls,  South  Dakota  57118-5860.  You  will  not  be  liable  for  unauthorized  use  of  your  Card  or  Account.  Certain 
exceptions apply. You agree to cooperate in our investigation of the unauthorized use and provide any information we 
deem necessary to our investigation. We will send you a new Card with a new account number to replace the Card that 
was lost or stolen. Although you  will be issued a new account number, you will not be considered to have opened a 
new account, and any existing balance will be transferred to the replacement account.  Please see “Your Billing Rights” 
section below for more details. 

Declines and Authorizations.  You agree that we shall have no liability if any merchant or bank refuses to honor your 
Card or  Account number,  if  an  ATM  or  other  device  fails  to  properly operate, or  if  services are  unavailable due  to 
circumstances  beyond  our  control  (such  as  system  failures,  fires,  floods,  natural  disasters,  or  other  unpredictable 

 
 
 
 
 
 
 
 
 
 
events).  Some  transactions  on  your  Account  will  require  prior  approval.  These  prior  approvals  are  called 
“authorizations.” We may limit the number of authorizations we will give your Account during any certain period of 
time (day, weekend, week) and we may deny an authorization if we suspect that your Account is being used without 
your  permission. If  our  authorization system  is  not  working  fully,  we  may  be  unable  to  give  an  authorization even 
though the transaction would not exceed your credit limit. For security reasons, we cannot explain the details of how 
the authorization system works. You agree that we  will not be liable for failing to give an authorization. We are not 
obligated to honor every transaction, even if you have available credit.  We may decline a transaction on your Account at 
our discretion for any reason including the following:  because of operational considerations, because your Account is in 
default, or if we suspect fraudulent or unlawful activity.  We are not responsible for any losses if a transaction on your 
Account is declined for any reason, whether by us or a third party, even if  you have sufficient credit available. If the 
authorization is denied, we may notify the person who attempted the transaction that it has been refused. Transactions 
at some participating merchants (such as hotels, car rental companies, and restaurants) may result in authorizations for 
amounts greater than the actual purchase amount,  which  will  have the effect of  making less credit available on  your 
Account for several days (usually until the date the actual purchase amount is received from the merchant). 

Authorized  Users. If  another  person  is  given  access  to  your  Account  with  your  express  or  implied  permission, 
notwithstanding the provision above, that person is an Authorized User, even if we did not issue an additional Card in 
the  Authorized User’s name.  At  your request, and  if  we  agree,  we  may issue  an  additional Card in the  name  of an 
Authorized User with your Account number. You will be responsible for all charges, Cash Advances, Interest Charges, 
Purchases and Fees incurred by any Authorized User. We are not required to try to obtain payment from any Authorized 
User before requiring payment from you. You and each Authorized User agree that we may report Account information 
to consumer reporting agencies in the names of both you and the Authorized User. 

Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us as 
provided on your monthly billing statement and request their removal. We will have a reasonable amount of time after 
your  request  to  research  the  situation  and  remove  them.  You  also  must  immediately  destroy  all  Cards  in  their 
possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, 
you still will be responsible for all amounts they charge to the Account. You will be responsible even if these amounts 
do not appear on the Account until later. An Authorized User may remove themselves from the Account upon request. 
We may close your existing Account and/or issue a new Card with a new Account number. 

Transactions Made in Foreign Currencies.  Although charges outside the United States or in a foreign currency are 
not allowed, if you make a charge in a foreign currency, the exchange rate for the transaction will be either (a) 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  (b)  the  government-mandated rate  in  effect  for  the 
applicable central processing date. 

Payments 

Your Promise to  Pay. You promise to  pay to  us all amounts advanced to  you (including amounts advanced to  any 
Authorized User) under this  Agreement, plus all  Fees and  Interest Charges assessed on those amounts, and  all other 
charges, costs, and fees which you incur under the terms of this Agreement. 

Total Minimum Payment Due.  You may pay any or all of the amounts you owe at any time without penalty, but you 
must pay at  least the  Total Minimum Payment Due  each  month on or before the due date in order to  maintain your 
credit  privileges. The  “Total  Minimum Payment  Due”  is  comprised  of  the  Monthly Payment  plus  any  amount  past 
due, as reflected on the monthly billing statement. If the New Balance shown on your statement is $40.00 or less, the 
“Monthly Payment” is the New Balance. If the New Balance exceeds $40.00, the Monthly Payment is the greater of (a) 
five percent (5%) of your New Balance at the end of the billing cycle (rounded up to the nearest dollar) or (b) $40.00.  
The Total Minimum Payment Due may also include the amount by which your New Balance exceeds your credit limit 
(“Over  Credit Limit  Amount”). Failure  to  pay the  Over  Credit Limit  Amount as  requested on  your  monthly  billing 
statement will not, by itself, cause your Account to be delinquent. The Total Minimum Payment Due is due by the due 
date shown on the monthly billing statement (the due date will be at least twenty-one (21) days from the billing cycle 
closing  date)  and  payments  must  be  made  to  The  Bank  of  Missouri  at  the  address  shown  on  the  monthly  billing 
statement.  Merchandise  refunds,  Fee  or  Interest  Charge  reversals  or  other  credits  to  your  Account  will  be  applied 
towards  your  outstanding balance, but  will  not  be  treated as  payments  for  purposes of  satisfying  your  obligation to 
make the next Total Minimum Payment Due. 

Payment Instructions. Payments received in Proper Form by 5:00 p.m. CST on a business day will be credited as of 
the date received. Payments received after 5:00 p.m. CST on a business day and payments made on a Saturday, Sunday, 
or bank holiday will be credited to your Account the next business day. We may, in our discretion, accept payments not 

 
 
 
 
 
 
 
 
received in Proper Form, but  crediting of such payments may be delayed up  to  five business days following receipt. 
Delayed crediting may cause you to incur a Late Payment Fee and additional Interest Charges.  “Proper Form” means 
that a payment sent by mail or courier follows these guidelines: 
  Payments must be sent to the address on the payment coupon of your monthly billing statement. 
  Payments must be made by personal check, money order, cashier’s check, or guaranteed funds (described below) in 

U.S. dollars payable to The Bank of Missouri. 

  All checks or negotiable instruments must be drawn on a U.S. financial institution and contain proper signatures 

and consistent numeric and written amounts. 

  Payments must not be in the form of cash or third-party checks. 
  Your payment coupon must be included with your payment. If your payment coupon is not included, your name 

and account number must be printed legibly on your check or negotiable instrument. 

Payments not made in guaranteed funds may not create available credit for up to fourteen (14) days to allow the payment 
to  clear or  even  longer  if  circumstances  warrant  an  additional  hold,  or  if  we  deem  ourselves  at  risk  for  any  reason. 
Guaranteed funds that are accepted include payments in the form of bank or postal money orders, bank cashier’s checks 
and PayNearMe. This list may change. Please call customer service for a current list of payments accepted as guaranteed 
funds. Third-party payments are subject to review and may not immediately create available credit. At our discretion, 
we  may  accept  late  or  partial  payments,  as  well  as  payments  that  are  marked  “paid  in  full”  or  other  restrictive 
endorsements, without losing any of our rights under this Agreement. You agree that we need not examine any payment 
check to confirm that it is not postdated, and that we may deposit any postdated check for payment to us on the day we 
receive it. Satisfaction of a debt for less than the full amount due or imposition of any other term or condition on us 
requires a written agreement, signed by our authorized representative. All written communications concerning disputed 
amounts, including a check or other payment instrument that (a) indicates that the payment constitutes “payment in full” 
or is otherwise tendered as full satisfaction of a disputed amount or (b) is tendered with other conditions or limitations, 
must be marked or delivered to us at the address for billing inquiries shown on your monthly billing statement, not at 
the payment address. You waive presentment for payment, protest, notice of non-payment and of protest, and agree to 
any extensions of time of payment and partial payment before, at, or after maturity. You may at any time pay more than 
your minimum payment or pay off your entire balance in full without any additional charge for prepayment. No matter 
how large your payment is in one billing cycle, you will need to make a payment in the following cycle if you have an 
outstanding balance. You are not authorized to use your available credit to make a payment on your Account and we 
may refuse such payments in our sole discretion. We may resubmit and electronically collect returned payments. We 
may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle 
similar issues. 

How We Apply Payments. Payments will be applied in a  manner we determine in accordance with applicable law, 
and the application of payments may change from time to time. 

Credit Balances. You  may not maintain a credit balance on  your Account. If payments cause a credit balance, your 
Account may be temporarily suspended and subject to further review. We may reject and return to you any payment 
that creates a credit balance on your Account. Any credit balance we allow will not be available until we confirm that 
your payment has cleared. You may contact us as provided on your monthly billing statement and request a refund of 
any available credit balance of $1.00 or more. If you contact us in writing, we will refund your credit balance within 7 
business days from our receipt of your written request.  If you do not request a refund, we will apply credit balances to 
future amounts you owe us unless a refund is required by law. 

Electronic Check Presentment. By sending us a check as payment, you authorize us to use information on your check 
to make a one-time electronic funds transfer from your account at the financial institution indicated on your check or 
to process the payment as a check transaction. When we use information from your check to make an electronic funds 
transfer, funds may be withdrawn from your bank account as soon as the same day we receive payment.  If your check 
is processed electronically, your canceled check will not be returned to you by your financial institution. We will retain 
an image of your electronically processed check(s) as required by law. If requested prior to the time we are allowed by 
law  to  destroy  electronically  processed  checks,  we  will  provide  you  with  a  copy  of  your  electronically processed 
check(s) upon your request. 

Monthly Billing Statements, Communications and Information About You 

Monthly Billing Statements.  We will send you a monthly billing statement at the end of each monthly billing cycle in 
which your Account has a debit or credit balance of more than $1.00, if an Interest Charge has been imposed or if other 
Account activity has occurred. Your statement will arrive around the same time each month; however, we reserve the 
right to change the date of your billing cycle at any time to the extent permitted by law. The statements we send to you 
will reflect the activity and our Interest Charges, Fees and other charges on your Account during the immediately preceding 
monthly billing cycle. They will  also  show  your Total Minimum Payment Due  and  the  due  date by  which we  must 

 
 
 
 
 
receive  payment.  The  information contained on  the  statement  will  be  deemed  to  be  correct  unless  you  notify  us  in 
accordance with the Section below entitled “Your Billing Rights”. 

Description of E-Statements.  You may elect to have your monthly billing statements and other required disclosures 
accompanying your  monthly billing statements (“E-Statements”) for  your  Account delivered to  you electronically in 
place of paper disclosures.  You may sign up for the E-Statement service or cancel the E-Statement service at any time 
by  logging  into  your  Account  at  www.myccpay.com. Your  use  of  the  E-Statement  service  will  be  subject  to  the 
additional terms and conditions presented to you at the time of your enrollment for E-Statements. 

Communication with You. We may contact you from time to time regarding your Account.  We (and our affiliates, 
agents and contractors) may contact you in any manner we choose to the extent allowed by applicable law. For example, 
we may contact you: 
(1)  by mail, telephone, email, or text message; 
(2)  by using an automated dialing or similar device (“autodialer”); 
(3)  at your home and at your place of employment; 
(4)  on your mobile, wireless or cellular telephone or similar device, which may result in charges to you;  
(5)  at any time, including weekends and holidays; 
(6)  with any frequency; 
(7)  by leaving prerecorded and other messages on your answering machine/service and with others; and 
(8)  by identifying ourselves, your relationship with us and our purpose for contacting you even if others might hear or 

read it. 

We may monitor or record any conversation or other communication with you. Unless the law states we cannot, we may 
modify or suppress caller ID and similar services and identify ourselves on  these services in any manner we choose. 
You also agree that we may contact you using phone numbers, addresses and email addresses we obtain from public and 
nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may 
be able to provide updated employment, location, and contact information for you. Some of the legal purposes for calls 
and  messages  include:  suspected  fraud  or  identity  theft;  obtaining  information;  transactions  on  or  servicing  of  your 
Account; collecting on your Account; and providing you information about certain products, services and promotions. 

Account  Alert  Service.  Through  our  Account  Alert  Service,  we  will  send  certain  alerts  about  your  Account.  You 
expressly agree that we may send you Account Alerts through email messages, SMS text messages to mobile numbers 
you provide to us or any other means we may make available to you from time to time. You may adjust Account Alert 
and delivery preferences at any time by logging into your Account at www.myccpay.com. Account Alerts sent via SMS 
text  messages  can  also  be  cancelled  at  any  time  by  texting  the  reply  “STOP”  from  your  mobile  phone.  You  are 
responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, 
including without limitation SMS text services.  You agree that Account Alerts may not be encrypted, and may include 
your name and information pertaining to  your Account. Receipt of any Account Alert may be delayed, or prevented 
by factors affecting your Internet service provider, phone operator, and other relevant entities. We offer Account Alerts 
solely as a convenience to you. We neither guarantee the delivery or the accuracy of the contents of any Account Alert. 
We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any 
Account Alert; (b) inaccurate content in an Account Alert; (c) your use or reliance on the contents of any Account Alert 
for  any purposes. We  reserve the  right  to  terminate any  request  from  you  for  any  Account  Alert,  at  any  time.  The 
information in any Account Alert may be subject to certain time lags and/or delays. We may terminate or suspend the 
Account Alert Service at any time without notice. 

Your Consent for Calls and/or Text Messages to Your Mobile Phone.  When you give us or we obtain your mobile 
telephone number,  you  expressly agree  that  we  (and  our  affiliates, agents  and  contractors)  may  contact  you  at  this 
number using an autodialer and can also leave prerecorded and other messages, including text messages. We may do 
these things whether we contact you or you contact us.  You agree you will be responsible for any fees or charges you 
incur as a result of incoming calls or text messages from us, from our affiliates or from any third party acting on behalf of 
us or our affiliates. You agree that your consent to receive these calls and/or text messages sent to your mobile phone 
may be revoked only by providing written notice of your revocation to us at the Notice address set forth below, and that 
such revocation notice  will state your name,  mailing address, specific telephone number(s) for  which the revocation 
applies, and at least the last four digits of your Account number so that we may identify you and your Account. 

Visa Account Updater. Accounts with Cards bearing the Visa logo are automatically enrolled in the “Visa Account 
Updater” feature required by Visa.  This feature enables the electronic exchange of Account information between Visa 
and  participating  merchants  to  support  payment  continuity  with  credential-on-file  merchants.  Visa  will  securely 
provide updated credit card information when your Card is re-issued for any reason or is closed. To opt-out of the Visa 
Account Updater feature for your Account, if applicable, please contact us by calling the number on the back of your 
Card. 

 
 
 
 
 
 
Notices.  Any  notice  required to  be  provided  to  you  under  this  Agreement  shall  be  given  to  you  at  your  residence 
address shown on our records and shall be effective when sent by first-class mail, unless otherwise required by Missouri 
law. You agree to advise us promptly of any change in your address. Any notice from you to us shall be sent to PO Box 
85860, Sioux Falls, South Dakota 57118-5860 or to such other address as we may give you and shall be effective when 
received by us. We may, at our discretion, accept mailing address corrections from the United States Postal Service. 

Privacy Notice. The privacy  notice for  The Bank of Missouri is provided separately in  accordance with applicable 
law. 

Your Account Information. We need current information about you to manage your Account. The information we 
need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your email 
address; (4) your social security number or other government identification number; (5) your telephone number(s); and 
(6) your employment and income  information. You are  responsible for promptly  notifying us  when this information 
changes. We may require you to provide additional documents that are acceptable to us to verify this information or any 
changes. We maintain the right to restrict or close your Account if your information cannot be verified or if you do not 
provide additional information as requested. 

Credit  Information.  We  are  entitled  under  applicable  law,  including  the  Fair  Credit  Reporting  Act,  to  obtain 
information  about  you  from  a  credit  reporting  agency  and  we  may  also  verify  your  credit  references  and  other 
information that you provide to us. We may obtain updated or additional information about you, including consumer 
reports, for any legitimate purpose including, but not limited to, the extension of credit to you or the review or collection 
of your Account.  We may provide information about you and your Account to credit reporting agencies and others as 
provided in our privacy notice. Information we provide might appear on your and your Authorized Users’ credit reports. 
This could include negative information if you do not comply with the terms of this Agreement. 

Your Contract With Us 

Amendment or Modification. At any time and subject to applicable law, we may change or delete any term of, or add 
new terms to, this Agreement, including without limitation the Interest Charge, Annual Percentage Rate, Fees, Total 
Minimum Payment Due amount, and the Arbitration Provision. Unless prohibited by applicable law, these changed or 
new terms will apply to any Account balance outstanding on the effective date of the change and to all future balances. 
When required by applicable law, we will notify you in advance of any changes, deletions or additions. Our notice will 
tell you when and how the changes will take effect and describe any rights you have in connection with the changes. 

Governing Law.  This Agreement and your Account, and any claim, dispute or controversy (whether in contract, tort, or 
otherwise)  at  any  time  arising  from  or  relating  to  your  Account,  this  Agreement  or  any  transferred  balances,  are 
governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, by 
the  laws  of  Missouri  (without  regard  to  internal  principles  of  conflict  of  laws),  but  we  rely  on  the  provisions  of 
Nebraska law with respect to the Fees that apply to your Account as authorized by Missouri Revised Statutes Section 
408.145. 

Default.  We may declare your Account to be in default upon the occurrence of any of the following events:  
(a)  You fail to make any payment required under the terms of this Agreement when due; 
(b)  You fail to comply with any of the terms and conditions set forth in this Agreement;  
(c)  You exceed your credit limit; 
(d)  You become incapacitated or die; 
(e)  You provide us with false or misleading information or signatures in any respect; 
(f)  We obtain information that causes us to believe that  you  may be unwilling or unable to pay your debts to us on 

time; 

(g)  We in good faith deem The Bank of Missouri to be insecure or believe that the prospect of payment is impaired;  
(h)  You file for bankruptcy; 
(i)  You move out of the U.S. or you provide us with a non-U.S. mailing address. 
(j)  You request an excessive number of replacement Cards. 
Upon  your  default,  we  can  suspend or  terminate  your  ability to  use  your  Card  or  Account,  lower  your  credit limit, 
increase  your  Total  Minimum  Payment  Due,  demand  the  return  of  your  Card(s),  declare  your  entire  balance 
immediately due and payable, initiate collection activity, continue to charge you Interest Charges and Fees as long as 
your balance remain outstanding, and exercise all other rights or remedies permitted by law, all without prior notice or 
demand except as required by law. You promise to pay any collection costs and attorneys’ fees that we incur as a result 
of  your  default.  Our  failure  to  declare  your  Account  in  default  does  not  excuse  you  from  performing  all  of  your 
obligations under  this  Agreement, nor  shall  such  failure  constitute a  waiver of  our  rights to  declare the  Account in 
default and terminate your ability to use the Account and the Card at a later time or upon the occurrence of the same or 

 
 
 
 
 
 
 
 
a different event of default. A negative credit report reflecting on your credit record may be submitted to one or more 
credit-reporting agencies if you fail to fulfill the terms of your credit obligations. 

Suspending or Closing Your Account. 

We May Suspend or Close Your Account: We may close or suspend your Card or Account and require the return of 
your Card for any reason, including default, without notice to you except as  may be required by applicable law. We 
may terminate your Account if you are or become a non-U.S. resident or a resident of New York, Wisconsin, or a U.S. 
territory. Sometimes we close accounts based not on your actions or inactions, but on our business needs. If we close 
your Account, we will not be liable to you for any consequences resulting from closing your Account or suspending your 
credit privileges. 

You May Close Your Account: You may cancel your Account at any time by notifying us by telephone or in writing.  

If your Account is closed, you are still responsible for any amounts due on the Account pursuant to the terms of this 
Agreement and the Account will continue to accrue applicable Interest Charges and other Fees and charges until the 
Account is paid in full. 

Refund Disclosure. We will refund your initial Fees (those Fees that are billed at the time of Account opening) if (1) you 
have not used your Card for a Purchase or Cash Advance; and (2) you have not made a payment on your Account after 
receiving a monthly billing statement. If you later elect to close your Account and notify us of your election in writing 
within thirty (30) days or one billing cycle (whichever is less) after an  Annual Fee appears on  your  monthly billing 
statement, the Annual Fee will be credited to your Account. Except as described in this paragraph, Fees are generally 
non-refundable. If  you elect to  cancel an additional Card and notify us of  your election in  writing within thirty (30) 
days or one billing cycle (whichever is less) after an Additional Card Fee appears on your monthly billing statement, the 
Additional Card Fee will be credited to your Account. 

Severability.  If any provision of this Agreement, including any portion of the Arbitration Provision set forth below, is 
determined to be invalid or unenforceable under any rule, law, or regulation, the validity or enforceability of any other 
provision of this Agreement shall not be affected, and in lieu of such invalid or unenforceable provision there shall be 
added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.  
Notwithstanding the foregoing, if a class action litigation or a class-wide arbitration is permitted for any reason, either 
party may require that the entire Dispute, as defined in the Section entitled “Arbitration” below, be heard by a judge, sitting 
without a jury, under applicable court rules and procedures. 

Attorneys Fees and Costs. Except as may be provided otherwise in this Agreement, you agree to pay all costs incurred 
by us, our successors or assigns, in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys 
fees and costs, as well as those costs, expenses and attorneys fees incurred in appellate, bankruptcy and post- judgment 
proceedings, except to the extent such costs, fees or expenses are prohibited by law. 

No Waiver by Us.  Subject to applicable law, we reserve the right not to impose part or all of any Fee or other amount 
imposed pursuant to this Agreement or not to exercise any of our rights under this Agreement, and should we do so, we 
will not waive our right to impose such Fee or amount or exercise such right in the future. 

Assignment. We  may  sell,  assign  or  transfer  all  or  any  portion  of  your  Account  or  any  balances  due  under  your 
Account without prior notice to or consent from you.  You may not sell, assign or transfer your Card or your Account or 
any of  your obligations under  this Agreement. This  Agreement will be binding on,  and benefit, any of  your and our 
successors and assigns. 

Entire  Agreement. This  Agreement,  together  with  your  application,  constitutes  the  final  expression  of  the  credit 
agreement between you and us relating to  your  Account and  supersedes and  may not be contradicted by evidence of 
any prior or contemporaneous oral credit agreement between you and us relating to your Account. 

No  Warranties.  Except  as  otherwise  provided  in  the  section  below  entitled  “Your  Billing  Rights,”  we  are  not 
responsible for any claim you might have regarding the purchases of goods or services made with your Card. 

Merchant Refunds. If  you are  entitled to  a  refund for  goods or  services purchased with your Card,  you  will accept 
these refunds as credits to your Account. We do not control when a merchant sends us your refund. We will also have a 
reasonable amount of time after we receive your refund to process it. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Arbitration 

READ  THIS  ARBITRATION  PROVISION.  UNLESS  YOU  ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION PROVISION BY OPTING OUT IN ACCORDANCE WITH PARAGRAPH b, CAPTIONED 
“OPT-OUT PROCESS,” THE ARBITRATION PROVISION WILL BE PART OF THIS AGREEMENT AND 
WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR 
PARTICIPATE IN A CLASS ACTION, IN THE EVENT OF A DISPUTE. 

a.  General:  This  Arbitration  Provision  describes  when  and  how  a  Claim  (as  defined  below)  may  be  arbitrated. 
Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in 
court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. Arbitration proceedings 
are private and less formal than court trials. Each party to the dispute has an opportunity to present some evidence 
to  the  arbitrator.  The  arbitrator  will  issue  a  final  and  binding  decision  resolving  the  dispute(s),  which  may  be 
enforced as a court judgment. A court rarely overturns an arbitrator’s decision. As solely used in this Arbitration 
Provision,  the  terms  “we,”  “us”  and  “our”  mean  not  just  The  Bank  of  Missouri  but  also  our  parent  companies, 
wholly  or  majority-owned  subsidiaries,  affiliates,  commonly-owned  companies,  successors,  assigns  and  any  of 
these entities’ employees, officers, directors and agents. For purposes of this Arbitration Provision, these terms also 
mean  any  other  third  party  providing  any  goods  and  services  in  connection  with  your  Account,  servicing  and 
collection of amounts due on your Account, if you name that third party as defendants in a single proceeding. 
b.  Opt-Out Process. If you do not want this Arbitration Provision to apply, you may reject it by mailing us a 
written opt-out notice which contains your Account number, your name and address and a signed statement 
that you opt out of the Arbitration Provision of this Agreement. The opt-out notice must be sent to us by mail 
at The Bank of Missouri, PO Box 85860, Sioux Falls, SD 57118-5860. (You should retain a copy of your opt-
out notice and evidence of mailing or delivery.) An opt-out notice is only effective if it is signed by you and if 
we receive it within thirty (30) days after the date we delivered this Agreement to you. Indicating your desire 
to opt-out of this Arbitration Provision in any manner other than as provided above is insufficient notice. 
However,  your  decision  to  opt  out  of  this  Arbitration  Provision  will  not  have  any  other  effect  on  this 
Agreement and will not affect any other arbitration agreement between you and us, which will remain in full 
force and effect. If you don’t reject this Arbitration Provision, it will be effective as of the date you were 
approved for an Account. 

c.  What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us that in any way 
arises from or relates to your Account, including disputes arising from actions or omissions on or prior to the date 
of this Agreement. “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-
claims and third-party claims. It includes disputes based upon contract, negligence, fraud and other intentional torts, 
constitution,  statute,  regulation,  ordinance,  common  law  and  equity  (including  any  claim  for  injunctive  or 
declaratory relief). Despite the foregoing, “Claim” does not include any individual action brought by you in small 
claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different 
court. In addition, except as set forth in the immediately following sentence, “Claim does not include disputes about 
the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without 
limitation,  this  sentence,  the  prohibitions  against  class  proceedings,  private  attorney  general  proceedings  and/or 
multiple-party  proceedings  described  in  paragraph  g,  captioned  “Prohibition  Against  Certain  Proceedings”  (the 
“Class Action Waiver”), or the last sentence of paragraph o, captioned “Severability,”); all such disputes are for a 
court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability 
of this Agreement as a whole is for the arbitrator, not a court, to decide. 

d.  Starting or Electing to Require Arbitration: Either you or we may start an arbitration of any Claim or require any 
Claim to be arbitrated. Arbitration is started by initiating an arbitration or required by giving written notice to the 
other party requiring arbitration. This notice may be given before or after a lawsuit has been started over the Claim 
and may address any Claims brought in the lawsuit, provided that a party may not pursue a Claim in a lawsuit and 
then  seek  to  arbitrate  that  same  Claim  unless  the  other  party  has  asserted  another  Claim  in  the  lawsuit  or  an 
arbitration. The notice may be in the form of a motion or petition to compel arbitration. Arbitration of a Claim must 
comply  with  this  Arbitration  Provision  and,  to  the  extent  not  inconsistent  or  in  conflict  with  this  Arbitration 
Provision, the applicable rules of the arbitration Administrator. 

e.  Choosing  the  Administrator:  “Administrator”  means  the  American  Arbitration  Association  (“AAA”),  1633 
Broadway, 10th Floor, New York, NY 10019, www.adr.org; JAMS, 1920 Main St. at Gillette Ave., Suite 300 Irvine, 
CA 92614,  www.jamsadr.com, or any other company  selected by  mutual agreement of the parties. If AAA and 
JAMS  cannot  or  will  not  serve  and  the  parties  are  unable  to  select  an  Administrator  by  mutual  consent,  the 
Administrator  will  be  selected  by  a  court.  The  party  asserting  the  Claim  (the  “Claimant”)  may  select  the 
Administrator. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be 
administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or 
informal policy that purports to override the Class Action Waiver. 

 
 
 
 
f.  Court  and  Jury  Trials  Prohibited;  Other  Limitations  on  Legal  Rights:    IF  YOU  OR  WE  ELECT  TO 
ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN 
COURT OR HAVE A JURY DECIDE  THE CLAIM. ALSO, YOUR AND  OUR  ABILITY TO OBTAIN 
INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A 
LAWSUIT.  OTHER  RIGHTS  THAT  YOU  OR  WE  WOULD  HAVE  IN  COURT  MAY  ALSO  NOT  BE 
AVAILABLE IN ARBITRATION. 

g.  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,  EITHER  AS  A  PLAINTIFF,  DEFENDANT  OR  CLASS  MEMBER; (2) NEITHER 
YOU  NOR  WE  MAY  ACT  AS  A  PRIVATE  ATTORNEY  GENERAL  IN  COURT  OR  IN  AN 
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  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE  ARBITRATION, 
PRIVATE ATTORNEY GENERAL ARBITRATION, OR MULTIPLE-PARTY ARBITRATION. 

h.  Public  Injunctive  Relief.  If  a  Claim  is  brought  seeking  public  injunctive  relief  and  a  court  determines  that  the 
restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from 
awarding  relief  on  behalf  of  third  parties  are  unenforceable  with  respect  to  such  Claim  (and  that  determination 
becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in 
court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request 
that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has 
been entered in court. In no event will a Claim for public injunctive relief be arbitrated.  

i.  Location and Costs of Arbitration: Any arbitration hearing that you attend in person must take place at a location 
reasonably convenient to you, as determined by the arbitrator. Each Administrator charges fees to administer an 
arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you 
or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by 
the Administrator and/or the arbitrator or that you believe those fees are too high. If your request is reasonable and 
in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator and/or 
arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must 
bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for 
any fees we pay the Administrator or arbitrator. We will bear the expense of our attorneys, experts and witnesses. 
You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, if you 
are the Claimant, we will pay your reasonable attorney, expert and witness fees and costs if you prevail or if we 
must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and 
costs if applicable law requires us to do so.  

j.  Governing  Law:  This  Arbitration  Provision  is  governed  by  the  Federal  Arbitration  Act,  9  U.S.C.  §§  1-16  (the 
“FAA”), and not by any state arbitration law. 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 is authorized 
to  award  all  remedies  permitted  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. 

k.  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. 

l.  Arbitration Result and Right of Appeal: At the timely request of either party, the arbitrator shall provide a written 
explanation for the award. Either party may appeal the arbitrator’s decision within 30 days to a single arbitrator or 
a three-arbitrator panel selected in accordance with the Administrator’s rules, which shall resolve the Claim without 
regard to the original decision. We will pay the entire cost of an appeal unless we are willing to have the appeal 
decided by a single arbitrator and you insist upon a three-arbitrator panel. In such event, you will be responsible for 
paying your portion of the difference in arbitration fees between a single arbitrator and a three- arbitrator panel, as 
determined by the panel. However, we will pay all costs to the extent required by law and/or required to enforce 
this Arbitration Provision. The original award or any subsequent award on the appeal described above shall be final 
and binding, subject to any further right to appeal provided by the FAA. The arbitrator’s award may be entered by 
any court having jurisdiction. 

m. No Preclusive Effect. No arbitration award involving the  parties  will  have any preclusive effect as to issues or 
claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior 
disputes  involving  other  parties  have  preclusive  effect  in  an  arbitration  between  the  parties  to  this  Arbitration 
Provision. 

n.  Rules  of  Interpretation:  This  Arbitration  Provision  is  binding  upon  and  benefits  you,  your  respective  heirs, 
successors and assigns. This Arbitration Provision also is binding upon and benefits us. This Arbitration Provision 
shall survive the repayment of all amounts owed under this Agreement, any legal proceeding and any bankruptcy, 

to  the  extent  consistent  with  applicable  bankruptcy  law.  This  Arbitration  Provision  survives  any  termination, 
amendment, expiration or performance of any transaction between you and us and continues in full force and effect 
unless you and we otherwise agree in writing. In the event of a conflict or inconsistency between this Arbitration 
Provision, on the one hand, and the applicable arbitration rules or the other terms of this Agreement, on the other 
hand, this Arbitration Provision shall govern. 

o.  Severability: If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall 
not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered 
into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the 
contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event 
that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may 
exist with respect to such determination, any class action or representative proceeding shall be determined in a court 
of law and will not be subject to this Arbitration Provision. 

p.  Notice and Cure; Special Payment: Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration 
Provision, the Claimant shall give the other party or parties written notice of the Claim (a “Claim Notice”) and a 
reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing 
by  mail  to  the  address  you  have  provided  in  your  Card  application  (or  any  updated  address  you  subsequently 
provide). Any Claim Notice to us shall be sent by mail to PO Box 85860, Sioux Falls, SD 57118-5860 (or any 
updated  address  we  subsequently  provide),  attn:  ARBITRATION.  Any  Claim  Notice  you  send  must  identify 
yourself by including your name, address and Account number. Any Claim Notice must explain the nature of the 
Claim and the relief demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any 
other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other 
party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief. 
If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any 
other party); (ii) we refuse to provide you with the relief you request; and (iii) an arbitrator subsequently determines 
that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including 
any arbitration fees and attorneys’ fees and costs to which you may be entitled). 

YOUR BILLING RIGHTS 

KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Monthly Billing Statement 

If you think there is an error on your monthly billing statement, write to us at the address listed at the end of this section. 
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 first appeared on your monthly billing 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 billing statement, and we may continue to charge you interest on that 

amount. 

  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 
 

 

If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that 
amount. 
If we  do not believe there was a mistake:  You  will  have to pay the amount in question, along  with applicable 
Interest 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 $50.00 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 $50.00. (NOTE: Neither of these are necessary if your purchase was 
based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 
2.  You must have used your Card for the Purchase. Purchases made with Cash Advances from an ATM or with a 

check that accesses your Account do not qualify. 

3.  You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:  

The Bank of Missouri 
PO Box 85860 
Sioux Falls, SD 57118-5860 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, 
we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as 
delinquent. 

State Disclosures 

California Residents: A  married applicant  may apply for a  separate Account. As  required  by law,  you are  hereby 
notified that a negative credit reporting reflecting on  your credit record may be submitted to a Consumer Reporting 
Agency if you fail to fulfill the terms of your credit obligations. After credit approval, each applicant shall have the 
right to use the Account up to the limit of the Account. 
Delaware Residents: Service  charges not  in  excess  of  those  permitted  by  law  will  be  charged  on  the  outstanding 
balances from month to month. 
New York and Vermont Residents: We may obtain a consumer report for any legitimate purpose in connection with 
your Account or your application, including but not limited to reviewing, modifying, renewing and collecting on your 
Account. Upon your request, we  will inform you of the names and addresses of any Consumer Reporting Agencies 
that have furnished the reports.  New York residents may contact the New York State Banking Department (1-877- 
226-5697) to obtain a comparative list of credit card rates, fees and grace periods. 
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all 
creditworthy customers, and that Consumer Reporting Agencies maintain separate credit histories on each individual 
upon request. The Ohio Civil Rights Commission administers compliance with this law. 
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order 
applying to  marital property will adversely affect a creditor’s interests unless prior to the time credit is granted, the 
creditor is furnished with a copy of the agreement, statement, or court order, or has actual knowledge of that provision. 

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