PRICING DISCLOSURES

These Pricing Disclosures are part of the Cardholder Agreement.

Interest Rates and Interest Charges

Annual  Percentage  Rate  (APR)  for 
Purchases

29.99%

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 transaction 
date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $0.50.   

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 (only $196.00 if you choose 
to have an additional card).  

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.   

   Processing Fee

   Annual Fee

$89.00 (one-time fee).

$75.00 for first year 
      After that, $48.00 annually. 

Monthly Servicing Fee

None for first year (introductory)
      After that, $75.00 annually ($6.25 per month).

Additional Card Fee

$29.00 annually (if applicable).

Transaction Fees 

Cash Advance Fee

Penalty Fees 

Late Payment Fee

   Returned Payment Fee

None for first year (introductory).  After that, either $5.00 or 5% of the amount of 
each cash advance, whichever is greater.

Up to $38.00

Up to $38.00

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.  

Additional Information Regarding Processing Fee

We require a one-time up front Processing  Fee of $89.00 to be paid in full before your Account is opened.  Once we have 
received and processed your payment of the Processing Fee, your Account will be opened and you may activate and begin 
using your Card.  Refer to the Section entitled “Refund Disclosure” for additional information.  

M-124358

Continued

   
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.  

How We Calculate Interest Charges – Average Daily Balance Method (Including Current Transactions).  Interest Charges 
on Purchases are calculated by applying the monthly periodic rate (shown below) to the average daily balance of Purchases 
(including new Purchases) for each billing cycle.  To calculate the average daily balance of Purchases, we take the beginning 
balance of Purchases each day, add any new Purchases (including Interest Charges and other Fees and charges), and subtract 
any applicable payments and credits.  This gives us the daily balance.  We add up all the daily balances for the billing cycle and 
divide by the number of days in the billing cycle to determine the average daily balance of Purchases.  Interest Charges on Cash 
Advances are calculated by applying the monthly periodic rate (shown below) to the average daily balance of Cash Advances 
(including new Cash Advances).  To get the average daily balance of Cash Advances, we use the same calculation method that 
we use for Purchases.  

Monthly Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE (APR).  Interest Charges for Purchases and Cash 
Advances are calculated at a monthly periodic rate of 2.4992%, which is a corresponding ANNUAL PERCENTAGE RATE (APR) 
of 29.99%.  We calculate the monthly periodic rate by dividing the APR by 12.   

Minimum Interest Charge.  In any month in which an Interest Charge is due, if that Interest Charge is less than $.50, we may 
charge you a minimum Interest Charge of $.50.  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 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 $5.00 or 5% 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) 
$27.00 if you did not incur a Late Payment Fee during any of the prior six billing periods; otherwise $38.00, 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) $27.00 if you did not incur a 
Returned Payment Fee during any of the prior six billing periods; otherwise $38.00, or (b) your past due Total Minimum Payment 
Due amount.   

Additional Card Fee.  If you authorize us to issue an additional Card for your Account, 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.  The Additional 
Card Fee is non-refundable except as provided in Section below entitled “Refund Disclosure”.  The Additional Card Fee will be 
pro-rated the first year based on when the additional Card is issued.       

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 per page 
may be imposed, 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  Mid  America  Bank  &  Trust  Company  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 action, 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 Mid America Bank & Trust Company issues a 
Card.  

“We,”  “us,”  “our,”  means  Mid  America  Bank  &  Trust  Company, 
Dixon,  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 

M-124359

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 $38.00 or less, the “Monthly Payment” is 
the New Balance.  If the New Balance exceeds $38.00, 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) $38.00.  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  Mid  America 
Bank & Trust Company 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 before 
5:00 pm CST on a business day will post to your Account that day.  
Payments  received  after  5:00  pm  CST  on  a  business  day  and 
payments made on a Saturday, Sunday, or bank holiday will post to 
your Account the following 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 Mid America Bank & Trust Company.
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  which 
are accepted include payments in the form of bank or postal money 
orders, bank cashiers checks, debit card payments, Western Union 
and MoneyGram.  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  an  authorized  Bank  representative.  All  written  communications 

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 on-line 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  (844) 548-9721 or visiting us online 
at www.myccpay.com.  

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.  Upon  your  request,  credit  limit  increases 
may be granted after your Account has been open for at least six (6) 
billing cycles, has not been past due for the prior six (6) billing cycles 
and is not over limit.  Every six (6) billing cycles thereafter, upon your 
request, we will review your Account for a credit limit increase using 
the  same  requirements.    There  is  no  fee  imposed  for  the  review, 
or any resulting increase in the credit limit.  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    (844)  548-9721  or  in  writing  at  PO  Box  
85710, Sioux Falls, South Dakota 57118-5710.  You may be liable for 
the unauthorized use of your Card. In New York, you will not be liable 
for  unauthorized  use  of  the  Card  that  occurs  prior  to  the  effective 
date  of  this  Agreement.    You  will  not  be  liable  for  unauthorized 
use  that  occurs  after  you  notify  us,  orally  or  in  writing,  of  the  loss, 
theft  or  possible  unauthorized  use.    In  any  case,  your  liability  will 
not  exceed  $50. 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 

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 e-mail 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 a 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.

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 85710, Sioux Falls, South Dakota  57118-5710 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 Policy. The privacy policy for Mid America Bank & Trust 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 e-mail 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  policy.  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 Mid America Bank & Trust Company 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 or 
Wisconsin. 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 Processing Fee and 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.  We  will  refund  any  partial  payment  of 
the  Processing  Fee  if  you  do  not  open  your Account.    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  agreement  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  Mid  America 
Bank & Trust Company 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 and us 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 Mid America Bank & 
Trust  Company,  PO  Box    85710,  Sioux  Falls,  SD    57118-
5710 (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 m, 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.
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. 

f. 

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.  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.

i.  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.
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.

j. 

k.  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 

l. 

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.
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.

m.  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.
n.  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  
85710, Sioux Falls, SD  57118-5710 (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

pay the remaining amount due on the purchase.  To use this right, all 
of the following must be true:

If you think there is an error on your monthly billing statement, write 
to us at the address listed on your monthly billing statement.  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 

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 

the  Purchase. 
If all of the criteria above are met and you are still dissatisfied 
with the purchase, contact us in writing at:

fully  paid 

for 

Mid America Bank and Trust
PO Box  85710
Sioux Falls, SD  57118-5710

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 credit worthy customers, 
and  that  Consumer  Reporting  Agencies  maintain  separate  credit 
histories  on  each  individual  upon  request.  The  Ohio  Civil  Rights 
Commission administers compliance with this law.
Married Wisconsin Residents: No provision of any marital property 
agreement,  unilateral  statement,  or  court  order  applying  to  marital 
property  will  adversely  affect  a  creditor’s  interests  unless  prior  to 
the time credit is granted, the creditor is furnished with a copy of the 
agreement, statement, or court order, or has actual knowledge of that 
provision.

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