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This cardholder agreement (� Agreement �) is for your A ccount with 
Commerce Bank, and the Card(s) which has/have been given to you in 
connection with your Account.  Such Account and Card(s) provide you 
with credit card services and ATM Services.  �You� and �your�  mean any 
applicant for the Account and any person using the Account and/or 
related Card(s) with the expressed or implied permission of any of the 
applicants.  Any person whose name appears on the Account for the 
Card(s) accompanying this Agreemen t consents, either by using or 
permitting another to use the Card(s), to all provisions of this Agreement.  
�We�, �us� and �our�  means Commerce Bank,  our successors and 
assigns.   
 
This Agreement contains an arbitration provision, a class action 
waiver, and a jury trial waiver. Please read the entire section titled 
�DISPUTE RESOLUTION - ARBITRATION� and the section titled 
�DISPUTE RESOLUTION � JURY TRIAL WAIVER.�  
 
In this Agreement:  
Account is your credit card account.  
Annual Fee is a fee c harged on a yearly basis for your continued use of 
the Account.  
APR is Annual Percentage Rate.  
ATM is Automated Teller Machine.  
Balance Transfer is an  advance made when transferring a balance from 
another creditor to your Account.  
Business Days are Monday through Friday.  Federal holidays are not 
included.  
Card is the credit card(s) given to you in connection with your Account.  
Cash Advance includes:  
� Non -Overdraft Cash Advance is an  advance made by means of 
an electronic device or machine, or a financial i nstitution teller, or for 
the purchase of wire transfers, non -U.S. currency, travelers� checks, 
money orders, lottery tickets and casino gaming chips.  
� Overdraft Cash Advance  is an  advance made by means of 
overdraft protection.  
Cash Limit is the maximum d ollar amount of you r Revolving Credit Line , 
as defined herein,  available for Non -Overdraft Cash Advances.  
Charges are costs imposed as part of this Agreement and include both 
interest and fees.   
Convenience Check is a check provided to you to access credit  from 
your Account.  
Daily Balance is determined, for each day in the billing cycle, by taking 
the beginning balance, adding any new transactions or other debits,  
(excluding  any active  Installment Plans)  and subtracting any payments or 
other credits.  
Daily Periodic Rate is the APR divided by 365.  
Fees  are non -Intere st Charges, including transaction fees.  
Grace Period means the period of time during the billing cycle when you 
will not accrue Interest Charges on certain transactions or balances.  
Installment Plan  is a feature that can be used to make  fixed monthly 
payments over a  pre-selected number of billings cycle s for qualifying  
transaction (s). 
Installment Plan Fee  is a fee charged on a monthly basis on all active 
Installment Plans . 
Interest Charges  are the portion of Charges  attributed  to periodic 
intere st rates.  
New Balance  is the amount you owe Commerce Bank as of the current 
Statement. This amount includes any past due balance, as well as all 
Fees and Interest Charges incurred during the billing cycle.  
PIN is Personal Iden tification Number.  
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal 
in its column called �Money Rates� on the last Business Day of each 
month.  
Promotional Balance is the bala nce subject  to the Promotional  Rate.  
Balances subject to Int roductory Rates are included.  
Promotional Rate is a rate other than the standard rate, tied to a special 
offering.  A Promotional Rate offered when you open your Account may 
be called an Introducto ry Rate.  
Purchase means purcha se of merchandise or services on the Account 
plus related Charges and does not include any Balance Transfer, 
Convenience Check, Cash Advance,  Installment Plan  and related Fees 
or Interest Charges.  
Revolving Credit Line  is the maximum dollar amount of you r Account 
balance y ou can carry over from month to month , less Fees and Interest 
Charges . 
Statement  is your billing statement.  
 
CREDIT CARD SERVICES  
The following provisions relate only to credit card services except as 
otherwise applicable.  
 
ACCOUNT DESCRIPTI ON 
We will grant you a Revol ving Credit Line as  determined by us.  Your 
Revolving Credit Line is the maximum dollar amount of your Account 
balance you can carry over from month to month.  Your Revolving Credit 
Line will be indicated on your Statement.  
 
Your Account is also subject to a  No Pre Set Spendin g Limit.  No Pre Set 
Spending Limit does not mean unlimited spending; rather each charge 
that causes your Account balance to exceed your Revolving Credit Line 
will be evaluated by us based on several factors.  These factors include, 
but ar e not limited to, A ccount usage and performance, payment 
resources, other Account relationships with us, if applicable, and your 
experience with other creditors.  
 
Your Account is subject to a Cash Limit equal to the amount of yo ur 
Revolving Credit Line les s outstanding balan ces, including Fees and 
Interest Charges  and will be indicated on your Statement . Your 
outstanding balance will limit Cash Advance availability.  The Cash Limit    
 
 
 
does not apply to Overdraft Cash Advances.  Overdr aft Cash Advances 
will be su bject to the term o f the Account�s No Pre Set Spending Limit.  
 
We may increase, reduce or cancel your Revolving Credit Line and/or 
Cash Limit at any time without prior notice or liability.  A change to your 
Revolving Credit Line and /or Cash Limit will not a ffect your obligati on to 
pay us.  
 
We may decline, at any time in our sole discretion, an authorization 
request for any transaction for any reason, included but not limited to:   
�  operational considerations,  
� your Account is in default,  
�  we suspect  fraudulent or unlaw ful activity  
 
We may also request additional information from you at any time to 
evaluate a transaction request or your use of the Account generally.  
 
We are not responsible for any losses or damages, includi ng 
consequential damages, if  a transaction on yo ur Account is declined, 
either by us or a third party, even if you have sufficient credit available.  
 
INSTALLMENT PLAN  
Installment Plans may be available for eligible Accounts  to initiate  and 
can be used  for qualifying transaction (s) only; and not for  a Cash 
Advance , Balance Transfer , or any Fee owed to us. When selecting a n  
Installment Plan, the qualifying  transaction (s) will be moved to an  
Installment Plan balance and may be subject to a n Installment Plan  Fee 
instead of the periodic i nterest rate. If you do not pay your entire 
Installment Plan balance in the pre -selected amount of billing  cycles any 
remaining balance will be transferred to your  applicable  Purchase  or 
Convenience C heck balance and your respec tive periodic interest rate 
applied.  
 
We may limit the number of active Installment Plans you can have  at one 
time and reserve the right to change this number at any time . Installment 
Plans cannot be cancelled after they have been set up, but  you can 
choo se to pay the Installment  Plan early by paying the new balance , 
shown on your most recent Statement, in  full. If you pay an Installment 
Plan off early, you will not incur any future Installment Plan Fees for that 
Installment Plan . 
 
In the even t you return items from an Installment Pl an, we will choose 
how to apply the credit to your existing Account balances, including 
whether to apply a credit to an Installment Plan balance or a different 
balance.  
 
PROMISE TO PAY  
You promise to pay for all Pu rchases , Balance Transfers , Convenience 
Checks, Installment Plans  and Cash Advances made by you through the 
use of the Account.  In addition, you promise to pay all other amounts 
owed due to use of the Account by anyone else you authorize to use the 
Account  until such p erson�s authority is ended.  You may only end such 
person�s authority by notifying us in writing  and returning to us  any Card 
such person may have.  All of you are responsible, both together and 
individually, for the entire Account balance even though only o ne of you 
uses the Account.  
 
BILLING STATEMENTS  
You will receive a Statement periodically (norm ally monthly).  Your 
payment is due within 25 days from the date of the Statement (payment 
due date).  
 
PAYMENT OPTIONS  
You may pay the new balance sh own on your S tatement each month or 
you m ay pay in monthly installments.  If you decide to pay in monthly 
installments, you must pay at least the minimum payment on your 
Statement . Any amount that exceeds your Revolving Credit Line will be 
added to your minimum payment and will be due and pay able when you 
receive your Statement.  The minimum payment includes  the sum of all 
active Installment Plan payments  due, any amo unt that exceeds your 
Revolving  Credit  Line plus the greater of:  
� $30.00 or the full amount of your New Balance  (excluding any 
active  Installment Plan balances ) if it is less than $30.00; or  
� 1.00% of your New Balance (or your Revolving Credit Line if your 
New Balance e xceeds your Revolving Credit Line; excluding any 
active Installment Plan balances) plus any amounts that are past 
due, plus Fees (excluding Balance Transfer and/or Convenience 
Check Fees) and Interest Charges accumulated during the billing 
period.   
  
When a payment is posted to  your Account, we reserve th e right to 
restrict or delay all or part of the available credit created by the payment.  
The restriction or delay of the available credit is for risk management or 
other related pu rpose s, including but not limited to protection against 
actual or potential fraudulent activities or unauthorized transactions.   
 
OVERDRAFT PROTECTION  
If you select overdraft protection, a Cash Advance will be made to cover 
an overdraft in your designated Comme rce Ban k depo sit account.  Such 
Overdraft Ca sh Advances will be in the a mount of $50.00 or multiples of 
$50.00.  If the designated deposit account is a joint account, you will be 
liable for all overdrafts on the account regardless of which joint account  
owne r cause d, or benefited from the overdraft.  Each Overdraft Cash  
Advanc e is at our discretion.  We may permit or refuse to permit any 
Overdraft Cash Advance that would cause you to exceed the Cash Limit 
on your Account.  We are not liable or responsible f or any check  drawn  
that may for any reason be re turned or otherwise dishon ored. We may 
cancel this overdraft feature at any time without notice.  
 
CARDHOLDER AGREEMENT    
 
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 BALANCE ON WHICH INTEREST CHARGE S ARE CALCULATED  
If you accrue any Interest Charge s on your Account at a varia ble rate, 
that rat e will be calculated by adding  a margin to the Prime Rat e. Please 
see the ACCOUNT OPENING DISCLOSURE, which is part of this 
Agreement, for specific information regarding the APRs used to 
compute your Interest Charges.  
 
We calculate your D aily Balance  for each day in the billing cycle b y 
taking your beginning ba lance, adding any new transactions (excluding 
any active Installment Plans)  or other debits, and subtracting any 
payments  (excluding payments toward any ac tive Installment Plan)  or 
other credits . We m ultiply the Daily Balance by t he Daily Periodic Rate to 
get your Interest Charg es for that day.  We a dd these Interest Charges to 
your Daily Balance to get the beginning balance for the next day.  We do 
this for all days on which you have a bala nce owi ng on the Account, 
disregarding any credit balance, for the bi lling cycle.  
 
We add al l the daily Interest Charges and round the sum to the next 
highest cent to get your total Interest Charges for that billing cycle.  We 
do this calculation separately  for ea ch typ e of balance.  
 
The Prime Rate used to determine the APR on your Account is the U.S. 
Prime Rate publi shed in The Wall Street Journal  in its column called 
�Money Rates� on the last Business Day of each month.  Although each 
Daily Periodic Rate is  determ ined b y an index published prior to the first 
day of each cale ndar month, the respect ive Daily Periodic Ra te will only 
become effective and charged as of the first day of the monthly billing 
period following the respective calendar month in which th e index  is so 
published.  No representation is made that the U.S. Prim e Rate is the 
lowest, t he best or the favore d rate of interest.  If for any reason  The Wall 
Street Journal  no longer publishes the �Money Rates � column, then we 
will choose a new index bas ed on c ompara ble information.  An increase 
in the Prime Rate will caus e your interest rate to  increase and may cau se 
your minimum monthly payment to increase.  
 
INTEREST CHARGE COMPUTATION  
� ON PURCHASES:  Interest Charges begin to accrue on the 
transaction dat e, prov ided s uch date will never be later t han the 
date the Purchase is posted to the Accoun t or earlier than the  first 
day of the billing cycle for the Statement on which such transaction 
is shown.  Purchases are subject to a Grace Period.  If the previous 
balance  is zero or was paid in full by the payment due date shown 
on your Statement, no Int erest Charge will be a ssessed on current 
Purchases.  
� ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:  
Except for Conven ience C hecks associated with Installment Plans,  
Interest Ch arges begin to accrue on the date of  the Balance 
Transfer or Convenience Check, provided such date wil l never be 
later than the date the Balance Tra nsfer or Convenience C heck is 
posted to the Account or earlier than the first day of the billing cyc le 
for the Sta tement on which such transfer or check is shown.  
� ON CAS H ADVANCES:  Interest Charges begin to ac crue on the 
date of the Cash Advance, provided  such date will never be later 
than the date the Cash Advance is posted to the Account or earlier 
than the f irst d ay of the billing cycle for th e Statement on which s uch 
advance is shown.   
� ON INSTALLMENT PLANS:  No Interest Charges  are applied to 
active Installment Plans .  
 
TOTAL INTEREST CHARGE COMPUTATION  
We add Interest Charges for each type of balance  (exclud ing active 
Installment Plans)  to obt ain your total Interes t Charge for each billing 
cycle.   
 
PENALTY R ATE AND WHEN IT APPLIES  
If at any time we have not received the required minimum monthly 
payment within 60 days of the respective payment due date , we may  
incre ase the  applicable APR to a penalty APR (� Penalty Ra te�). Please 
see the ACCOUNT OPENING DISCLOS URE for information 
regarding the Penalty Rate for your Account.  The Account may be 
eligible for your standard Daily Periodic Rates and correspond ing APR 
for ea ch type  of balance after you have met the terms of t his Agreement 
for six consecutive billing cy cles after the monthly Statement on which 
the Penalty APR first appears.  Otherwise, the Penalty Rate may apply 
indefinitely.  
  
TERMINATION OF INTR ODUCTORY  OR PR OMOTION AL RATES  
If during an Introductory or Promoti onal Rate period, we have not 
received the r equired minimum monthly payment within 60 days of the 
respective payment due date, we will increase the applicable APR to the 
Penalty APR.  Introdu ctory an d/or P romotio nal Rates will not be 
reinstated.  
 
TERMINATIO N OF  INSTALLMENT PLAN  
If, during a period w hen an active Installment Plan is associated with  the 
Account, we have not received the required minimum monthly payment 
within 60 days of the res pective paymen t due date, we will cancel the  
Installment Plan and  will apply the Penalty APR . The Installment Plan 
cannot be reinstated or recreated.   
 
FEES  
 
Transaction, Annual and Penalty Fees:   
Please see the  ACCOUNT OPENING DISCLOSURE for information 
regarding  the s pecific Fees that may be charg ed to your Account.  Your  
 
 
Installment Plan Fee will be displayed at  the point of purchase  as part of 
your purchase confirmation  or Convenience Check offer.  
 
 
 
 Minimum Interest Charge  
A minimum Interest Charge wi ll be impose d in any b illing cycle for which 
an Interest Charge is payable and will appear on your Statement as a 
Fee. 
 
Balance Transfer Or C onvenience Check Transaction Fee  
You will be charged a transaction Fee, with a minimum and no 
maximum, for each Ba lance Transfe r and /or C onvenience Check posted 
to your Account.  
Non Over draft Cash Advance Transaction Fee  
You will be charged a transaction  Fee, with a minimum and no 
maximum, for each Cash Advance posted to your Account.  
 
Overdraft Cash Advance Transact ion Fee 
You wi ll be charged a transaction Fee for each Cash Advance r esulting 
from the overdraft protection.  
 
Installment Plan  Fee 
You may be  charged  an Installment Plan Fee  for each Installment Plan. 
Each Installment Plan Fee will be disclosed prior t o establishing  the 
Installment Plan  and charged monthl y throughout  the Instal lment  Plan 
duration.  The Installment Plan Fee will appe ar on your Statement .   
 
Annual Fee  
Your Account may have a n Annual  Fee that will be added annually to 
your Account . Please see the  ACCOUN T OPENING DISCLOSURE for 
information  regarding th e specific fee , if any, for your Account.  
The imposition or  payment of an Annual Fee does not affect or limit our 
right to terminate this Agreement, cancel your Account, and dem and 
paymen t, in a manne r permi tted by law, of any amount s owed on your 
Account.  
 
Foreign Tran sactions 
Please see the ACCOUNT OPENING DISCL OSURE for information 
regarding the specific Fees that may be charged to your Account related 
to foreign transaction.  
 
Visa and Mastercard  Purchases , cash withdrawals and Cas h Advances  
made in curr encies other t han U .S. Dollars will be converted to U.S. 
Dollars under regulations established by VISA� International and 
Mastercard� International.  Visa conversion will be at a  rate sele cted by 
Visa from th e range of rates available  in wholes ale currency markets for 
the applicable central processing date, which m ay vary from the rate 
Visa itself receives or the government -mandated rate in effect for the 
applicable central proces sing date.  Mastercard  conversi on will be at a 
rate selec ted by Mastercard, typi cally either a  gove rnment -mandated 
rate or a wholesale rate  provided to Mastercard . Conversion to U.S. 
dollars may occur on a date other than the date of the transaction.  
Theref ore, the c onversion rat e may b e different from the rate in effect at 
the time o f the transact ion. You agree to pay the converted amount pl us 
the applicable foreign transaction Fee. For Purchases, cash withdrawals, 
and Cash Advances made in U.S. dollars out side of th e United Stat es 
and its territories, you agree  to pay th e transaction  amount, plus the 
applicable foreign transaction Fee. 
 
Late Payment Fee  
For each payment not received by the payment due date, we may 
charge a  fee (�Late Payment Fee �). The firs t time you  are late mak ing the  
required minimum monthly payment (� Late Payment First Occurren ce�), 
a $29 Late Payment Fee may be imposed.  After the Late Payment First 
Occurrence, if you make a late payment at anytime during the next six 
billing cycles (� Late Payment  Second Occur rence�) , a $40 Late Payment 
Fee m ay be impo sed. After th e Late Payment  Seco nd Occurrence, any 
subsequent late payme nt during the next six billing cycles will also incur 
a $40 Late Payment Fee.  At no time will the Late Payment Fee exc eed 
the am ount of the r equired  minimum monthly payment.  
 
Other Fee s 
 
Returned P ayment Fee  
No Fee w ill be charged for any check or other fo rm of payment sent to us 
which is returned unpaid.  
 
Returned Item Fee  
If we decline to honor a Convenience Check or wh en payment  of a 
Conveni ence Ch eck is stopped at your req uest, we m ay charge a  fee 
(�Returned Item Fee�). The first time we decline to hono r a Convenience 
Check or when payment of a Convenience Check is stopped at your 
request (� Returned Item First Occurren ce�), a $29 Returned It em Fee 
may be imposed.  After the Returned I tem First Occ urrence, if we  decline 
a Convenience Check or you request s top payment of a Convenience 
Check at anytime during the next six billing cycles (� Returned Item  
Second Occurrence�), a $40 Retu rned Item Fee  may be  imposed. After 
the Return ed Item Second  Occurren ce, any subseq uent declined 
Convenience Check or stop payme nt of a Convenience Check during the 
next six billing cycles will also incur a $40 Returned Item Fee.  At no time 
will the Return ed Item Fee e xceed t he amount of the Convenien ce 
Check.  
 
Convenience Checks and Doc ument  Copy Charges  
Charges for Convenience Ch ecks and requests for copies of sales 
drafts, Statements or other documents related to your Account may be 
billed on y our Accoun t as Purchase s in ac cordance with the fee sche dule 
estab lished by us from time to t ime. No charge will be made for copy 
requests  related to billing error resolution within 60 days of the disputed 
transaction.  
 
 
 
 
 
 
   
 
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 TOTAL FEE COMPUTATION  
We add all Fee s assessed  to obtain yo ur tota l Fees for each billing cycle  
(exclu ding transaction Fees fo r Balanc e Transfer s and/or  Convenience 
Check s and Installment Plan Fees ). We will assess Fees for Balance 
Transfer s and/or  Convenience Check s to your Account in the s ame 
balanc e category to  which the transaction is posted . Installme nt Plan 
Fees will be cha rged mon thly throughout the Installment Plan dur ation .  
 
CANCELLATION  
To the extent permitted  by law, Commerce Bank may cancel your 
Account, refuse to allow further t ransaction s against you r Accou nt or 
revoke your Card(s) at any tim e (whether or not you ar e in def ault of any 
part of this Agreement) incl uding, without limitat ion, when any affiliati on 
you may have with a sponsoring organization ceases or when any 
agreeme nt we may have with the  sponso ring organization is terminated.  
Cancellation of your Accoun t will n ot affect your liability to us for credi t 
we have extended to you, including amounts not yet billed to your 
Account.  We may cancel your Account without prior notice or liability.  
You must surrender the Card(s), either upon a  direct request by us, o r 
any ot her bank or merchant who is acting upon our instructions.  
 
CON DITIONS OF DEFAULT  
We m ay consider you to be in default if we do not receive a required 
payment when due, including the  minimu m payment by the date shown 
on your Statement; you fail to c omply wi th the terms of this Agreement; 
you make  any false or misleadi ng statements or omissi ons on your 
application; you file a bankruptcy petition or have one filed  against y ou; 
we obtain  inform ation that causes us to believe that  you may be unwilling 
or unable to pay your debts to us or to others on time including, but no t 
limited to, your fail ure to make any payment to us on any other 
indebtedness or loan; you are declared i ncompetent by  a cour t or a court 
appoints a guardian/ co nservator for you or you r assets ; or you die.  
 
If we consider your Accou nt to be in default, w e may close your accoun t 
without notice and require you to pay the balance in a manner permitted  
by law (s ubject to app licable  law regarding notice or right to cu re). To the 
extent permi tted by law, if you are in default you will pay our collections 
costs,  attorneys� fees, court  costs, and all other expenses of enforcing 
our rights under this Agreeme nt. 
 
ALLOC ATION OF PAYM ENTS  
We will allocate your minimum  payment in the manner we determi ne. If 
there are any active Installment Plan s associ ated with the Account, we 
will apply payment to the Installment Plan (s) first. We will then apply the 
amount in e xcess of th e minimum pay ment to  balances with higher APRs 
before balanc es with lower APRs  and then to any Installment Plan 
balance (s) in order of earliest Installment Plan expiration date.  
 
RECEIPT OF PAYMENTS  
Payments received before 5 PM CT at the addres s shown on your 
Statemen t on an y of our regular Business Days wil l be p osted as of the 
date of rece ipt. Payments made in person before the close of business t o 
an employee at a Commerce branch will be posted as of date of receipt.  
Payments mailed to the ad dress shown  or made in p erson a t a branch 
must be accompanied by the Ac count number or paym ent stub , and in 
the form of a check or mone y order in U. S. Dollar s drawn on a U. S. 
financial institution.  Do not send cash through the mail.  A delay in 
crediting the payment  to your Acco unt may  occur if the payment does not 
meet thes e requirements for m aking pa yments (conforming 
payments).  In no case shall such delay e xceed five days from receipt of 
such payment.  
 
The cutoff time for payments made on any of our reg ular Busine ss Days 
throu gh Comm erce as transfers from your Commer ce dep osit account 
are as follows:  Commerce ATM, 7:00 PM CT; Commerce Online 
Banking, includi ng Mobile Banking, 7:00 PM CT; Commerce Account 
Information Line, 7:00 PM CT ; Commerce Collections Department,  11:00 
PM CT.  A pay ment  made through Commerce Online B ill Pay will be 
posted on  the Pay Date.  
 
Conforming  payments received af ter the respective cutoff time will be 
posted no later than the next Business Day.  Payments made by a third -
party payor , will be p osted as of t he dat e we  receive the payment.  
 
When the  due date falls on a week end or holiday, your payme nt due 
date will be o n the next Business Day.  
 
We may accept late payments, partial payments or checks and money 
orders (or accompanying wri tten commun ication) cont aining  a statement 
to the effect that the  instrument was tendered as �payment in full, � full 
satisfaction of a di sputed claim or other similar language without losing 
any rights under this Agreement or under the law.  All such paymen ts or 
written communicat ions m ust be mailed to:  Commerce Bank, P. O. Bo x 
410857, Kansas Cit y, MO 64141-1857 . 
 
CHANGE OF TERMS  
Provided the  Account is meeting the terms of this Agreement:  (1) We will 
not increase an introductory APR during any Introductory R ate period;  
and (2) We w ill not increase any APR, Annual Fee or m inimu m Interest 
Charge fo r 12 months following acco unt opening, except f or increases 
due to the expiration of an Introductory or Promotional Rate period, if 
any; changes in the Prime Rate; co mpletion or  failure of a  tempo rary 
hardship arrangement; applicat ion o f a Penalty Rate; or  the end of 
military servi ce to which the provi sions of the Servicemembers Civil 
Relief Act (SCRA) apply (�Exceptions�).  Otherwise, we may change the 
terms of the Agr eement at a ny time, afte r noti ce and the right to reject if 
requi red b y law.  Changes in an y APR, other than the stat ed Exceptions, 
Annual  Fee or minimum Interest Charge will apply to new transactions 
created after the end of the 14th day following our prov iding notic e to 
you. If you re ject a change, your Account will be  canc elled and you will 
no longer be able to use th e Account.   
 Cancella tion of your Account will not affect your liability to us for credit 
we have extended to you, including amounts not yet  billed to your 
Account.  
 
ELEC TRON IC RECORDS  
You agree that this docum ent and all paper records related to your 
Acco unt and whether or no t the other paper records were submitted, 
received or obtained in advance of, contemporaneously with or 
subsequent to, the deliver y of this doc ument may,  at the option of 
Commerce Bank , be converted by any d igital or electronic method or 
process to an elec tronic record or subsequently further converted or 
migrated to another electronic record format or electronic storage 
medium. You further agree  that upon  conversion to an electronic re cord 
as authorized here in such electronic record sh all be the record of the 
transaction and the electronic record shall have the same legal force and 
effect as the paper documents from which it was conv erted.  You wa ive 
any legal requirement that any docume nts d igitally or electr onically 
converted be embodi ed, stored, or reprod uced in a tangible media.  You 
undersigned and agree that a printed or digitally reproduced copy of the 
electronic recor d shall be given the sam e lega l force and effect as a 
signed writ ing. In addition, you a uthorize and agree to destru ction of the 
paper do cuments by Commerce Bank upon conversion of the paper 
documents to a digital or electronic record.  
 
COMMUNICATIONS CONS ENT 
You exp ressly consen t and agree that Commerce Bank and their 
affiliates, agents, ven dors, collections agencies, and service providers  
may use written, electronic or verbal means to contact you.  The ways in 
which we may contact you include, but are not limited to,  contact by 
manual calling methods, live operator call s, prerecorded or artif icial voice 
calls and messag es, text messages, em ails, and/or automatic telephone 
dialing systems. You agree that Commerce Bank and their affiliates, 
agents, vendors, c ollections agencies, and  servi ce providers may contact 
you by usi ng an y email address or  any telephone number you pr ovide, 
now or in the future, including a number for a cellular phone or other 
wireless device, regardless of whether you incur charges as a result. 
Phone numbers an d emai l addresses, you provide include th ose y ou 
give to us, tho se from which you contact us  or which we obtain t hrough 
other means. Message and data rates may apply.  
 
Indemnification   
If you provide telephone number(s) for which yo u are not t he subscriber , 
you unde rstand that you shall indemnify  us for any costs and e xpenses, 
including reasonabl e attorneys� fees, in curred as a result of us contacting 
or attempting to contact you at the number(s) provided. In the event any 
of your co ntact infor mation change s, you  agree to immediately notify us.  
 
Commun ication Revocation   
If you do not want to rece ive communications as  described in the 
previous paragraph, you must: (i) provide us with written notice revoking 
your prior consent, (ii) in  that writt en notice, yo u must  include your name, 
mailing address , and  the last four dig its of your Account number; (iii) 
advise whether you would like communications to cease via mail, voice 
calls, telephone number(s), email, text/SMS, or cease in all for ms; (iv) if  
you are requ esting  communications to cease via teleph one n umber(s) 
and/or em ail, please provide the spec ific phone number(s) and email 
address; (v) you must send this written notice to:  
 
Commerce Bank  
Attention � Commerce Bank Customer Service  
P.O. Box 41 1036, Kansas City, MO 6 4141-1036  
 
Telephone Conversati on Re cording  
You conse nt and agree that our staff may monitor and/or re cord phone 
calls between you and our representatives without additional notice to 
you, including but not limited to cal ls we make to service yo ur acc ount or 
collect debt(s).  
 
MILITARY LENDI NG ACT DISCLOSURE  
Federal law provides importa nt protections to mem bers of the Armed 
Forces and their dependents relating to extensions of consumer credit. In 
general, the cost of consum er credit t o a member of  the A rmed  Forces 
and his or her dependen t may  not exceed an ann ual percentage rate of 
36 pe rcent. This rate must  include, as applicable to the credit transaction 
or account: The costs associated with credit insurance premiums; fees  
for ancill ary products sold i n connection with the credit transa ction ; any 
application fee charged (other than cert ain application fees for specif ied 
credit transactions or accounts); and any participation fee charged (other  
than certain participation fee s for a cre dit card acco unt). You can call toll 
free to 855 -225-1576 t o hear the applica ble required Military Lendin g Act 
disclosures.  
 
MISCELLANEOUS PROVISIONS  
You also agree that:  
� We may refuse to extend credit to you or anyone using your 
Account or Card (s). 
� We wil l not be liab le or responsible for anyone�s refusal to  hono r 
your Card(s).  
� Each Account you have with us is separate from any others you 
have with us, and Interest Charges will be charged on each 
Account�s balance at the APR given with each Agre ement. Each  
individual A ccount  will be designated by an individua l Acc ount 
number.  
� Your Card(s) are Commerce Bank pr operty.  
� We may change  the premium enhancements offered at any time 
without further notice to you.  
� Merchants with whom you�ve shared your Acc ount number  may be 
updat ed wit h new Account information to ensure  the continuation of 
your payment agreement.  
� You wi ll not use your Card( s) for any purpose that has been 
deemed illegal.  We reserve the right to deny authorization requests  
from online gambli ng merchant s, whether or  not o nline gambling is 
illegal in the st ate in which you reside .   
 
4 
 � Com merce Bank may share yo ur Account experience  and 
transaction information with its Affiliates, which are members 
of the Commerce Family  of Companies  as defined in y our 
Privacy  Statement . Unless you call 1-800-543-4845, you agree 
that Commerce Bank an d its Affiliates may also shar e other 
information a bout you or your Account.  
� You must notify us immediately at Commerce Bank, P.O. Box 
411036, Kansas City, MO 64141 -1036 , if you bel ieve any 
informatio n we  reported to a credit reporting  agen cy is inaccurate . 
 
SECU RITY INTEREST  
Collatera l securing other loan s with us may also secure this 
indebtedness.  
 
CHANGES IN ADDRESS  
You agree to notify us immediately if you change your address.  
 
INTERPRETATION  
The A greement shall be governed by appli cable  federal law and  
regulations. To the extent no t preempted by applic able federal law, this 
Agreement shall be  governed by the laws of the state of Missouri, but 
Commerce Bank will rely on  the provis ions of Nebra ska la w with respect 
to the fees and char ges ( other than inter est) that apply to your Accoun t, 
as authorized by M issouri Revised Statutes Section 408.145.  
 
Your Billing Rights: Keep this Document for Future Use  
This notice tells yo u about you r rights and our re spon sibilities 
under the Fair Credi t Billing Act.  
 
What To D o If You Find A Mistake On  Your Statement  
If you think there is an error on your Statement, write to us at:  
Commerce Bank , P.O. Box 411036, Kansas City, MO 64141 -1036  
You may al so send us th is informa tion via fax at 1 -816-234-2811  
 
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 you r 
bill, describe what you believe i s wro ng and why you b elieve it 
is a mistake.  
You mu st contact us:  
� Within  60 days after the error appeared on your Statement.  
� At least 3 Business Days before an automated payment is 
scheduled,  if you wan t to stop pay ment o n the amount you 
think is wrong.  
You mus t notify us of a ny potential errors in writing . You may call us, bu t 
if you do, we are not required to investigate any potential errors and you 
may have to pay the amount in question.  
 
What Will Ha ppen After We  Recei ve Your Letter  
 
When we receive you r letter, we must do two things: 
1. Within 30 days of receiving your let ter, we must tell you that we 
received your letter. We will also tell you if we have already 
corrected the error.  
2. Wi thin 90 day s of receivin g your  letter, we must eith er correct the  
error or explain to you why we believe the bill is  correct.  
 
While we i nvestigate whether or not there has been an error:  
� We cannot try to collect the amount in question  or report you 
as del inquent on  that amount.  
� The ch arge in question may remain on your  Statement, and 
we ma y continue to charge you inter est 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 again st you r credit limit.  
 
After we finish ou r inv estigation, one of two things will happen:  
� If we made a mistake : You will not have to pay the amount in 
question , or any Interest Charges  or other Fees related to that 
amount.  
� If we do n ot believe there was a m istake : You will have to pay 
the amount i n que stion, along wit h applicable Interest Charges 
and Fees. We will sen d 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 am ount we think  you o we. 
 
If you receive our explanation  but still believe yo ur bill is wrong, you must 
write to us within 10 da ys telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting tha t you 
are q uestioning yo ur bil l. We must tell you the name of any one t o whom 
we report ed you as delinquent, and we m ust let those organiz ations 
know when the matter has been settled between us.  
 
If we do not follow all of the rules above, you do not have t o pay the f irst 
$50 of t he amo unt you question even if your bill is correct.  
 
Your Rig hts If You Are Dissatisfied Wi th 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 go od faith to 
correct  the problem with the merchant, you  may have the right n ot 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 st ate or with in 
100 mile s of your current m ailing address, and the purchase pr ice 
must have been mo re than $50. (Note: Neither of  these are 
necessary if your Purchase was based on an  advertisement we 
mailed to you, or if we own the company that sold you the goods or 
services.)  2. You must hav e used  your credit card for the Purchase.  Purchases 
made with Cash  Advances from an ATM or w ith a check that 
acce sses your credit card Account do not qualify.  
3. You must not yet have fully paid for the Purchase.  
 
If all of the crit eria above are met and y ou are  still dissatis fied with the 
Purcha se, c ontact us in wri ting at: 
 
Commerce Bank  P.O. B ox 411036, Kansas Cit y, MO 64141 -1036  
 
While we investigate, the same rules apply to the disputed amount as 
discussed above. After we finish  our invest igation, we w ill tell you our 
decision. At that point,  if we think you owe an amount and you do not 
pay, we may report you as delinquent.  
 
LIABILITY FOR UNAUTHORIZED USE  
If your name appears on the Account for the Card(s) accompanying this 
Agree ment, then by using or p ermitting another to use the Card(s) and/ or 
PIN, you agree t o all the provisions of this Agr eement, including, bu t not 
limited to your promise to pay.  You will not be liable for unauthorized use 
that occurs after you notify Commerce  Bank orall y or in writi ng. 
Notification of loss, theft or possib le unauthorized use  may b e mailed to 
Commerce Bank,  P.O. Box 411036, Kan sas City, MO 64141 -1036 , or 
you may call 1-800-645-2103 . 
 
DISPUTE RESOLUTION � ARBITRATION  
 
PLEASE READ THIS SECTION CA REFULLY.   IT PROVIDES TH AT, 
WITH  LIMITED EXCEPTIONS , YOU AND WE M AY ELECT TO 
RESOLVE  ANY D ISPUTES BETWEEN YOU AND US  BY BINDING 
ARBITRATI ON. IF ARBITRATION IS ELECTED, YOU AND WE WAIV E 
THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A 
PUBLIC COURT, AN D YOU AND W E WAIV E ANY R IGHT  TO BRING 
OR PARTICIPATE IN ANY CLASS  ACTION  OR SIMILAR  
PROCEE DING.  
 
YOU HAVE THE RIGHT  TO OPT OUT OF  THIS AGREEMENT TO 
ARBITRAT E AS SET FORTH  BELOW .   
 
Agreement to Arbitrat e 
You and we agree that either of us may elect to resolve any Claims (as 
defined below) through binding arbitration  unless you opt out of  the 
agreement to arbitrat e as set forth  below , or un less prohibited by law . If 
you or we elect to resolve a Claim through arbitration,  neither you nor we 
will have the rig ht to pursu e such claim  in court or have a jury decide the 
claim,  nor will you or we  have the right to bring or part icipate in any  class 
or other representative action in court or in arbitration .   
 
What Claims  are Subject to Arbitration ?  As used in this section, th e term 
�Claim� has the broadest possible meaning and i ncludes, but is not  
limited to, any unresolved disa greement, controversy , dispute, or cause 
of action between you and us , whether preexisting, present or future, 
arising out of , related to or  concerning  this Agreeme nt, your Account, the 
services provided p ursuant to this Agr eement , optional features includ ing 
but not limited t o Special ConnectionsSM and toggle�, any relationship 
between you and us , or any advertisement or solicita tion, whether  such 
Claim  is asserted or brought in a direct, derivative, assig nee, survivor, 
successor,  beneficiary or personal c apacity. Without limi ting the 
foregoing, the term � Claim� also includes any unresolved disa greement, 
controversy, dispute,  or cause of actio n between y ou and us ari sing out 
of, related to or concerning  any fees or charges re lating  to any 
Account (s), and an y services relating t o any Account (s), optional 
features including b ut not limited to Special ConnectionsSM and toggle�, 
on-line or telephon e banking s ervices, comm unication methods and 
practices we may us e to service your Account , and ATM  services.  It also 
includes any dispu tes you have with our agents, contractors, employees, 
officers or assignees, any merch ants with whom you use the Accoun t, 
any cred it reporting agen cies to whom we report the Account or  any 
other third pa rty th at has been involved or be comes involved with, or 
whose trademarks are used in connection with, any purchasing, 
marketing, soliciting , servicing or credit reporting a ctivity rel ating to your  
Account.  The Claims covered by this agr eement to arbitrate  include, 
without limitation:  
� Any disputes regardin g: the application you prepared in 
connection with the issuance of your Account; any solicitation 
or advertising materi als you rec eived in conne ction with your 
Account; any activities relating to the main tenanc e or servicing 
of your Ac count; and any funds held by the Bank in connection 
with your Account;  
� Any disputes arising from the collection of amounts you owe in 
conn ection with  your Account o r the ma nner of collection;  
� Any dispu tes co ncerning the dol lar amount of payments made 
or transactions posted  to your Account;  
� Any disputes concerning the processing of items or funds 
transfers sent to the Bank for the purpose  of posting  to your 
Account;   
� Any disputes regarding information  obtaine d by us from, or  
reported by us to, credit bureaus or others;  
� Any disputes related to insurance or other services or products 
purchased from us in connection with your Account;  
� Any disputes r egardin g communicati ons involving telephones, 
automati c dialing systems, artific ial or prerecorded voice 
messages, SMS text me ssages or facsimile machines; and  
� Any disputes concerning the relationships resulting from this 
Agreement, your Accoun t or any of  the for egoing.  
 
 
 
 
 
 
   
 
5 
 The term �Claim� includes claims of e very kind a nd nature, inc luding but 
not limited to,  initial claims, coun terclaims, cross -claims and third -party 
claims and claims based upon contract, tort, fraud and other intentional 
torts,  statutes, regulati ons, common l aw a nd equity.  For purposes of t his 
section , �we,� �us,� and �our� includes Commerc e Bank, any corporate  
parent, subsidiaries, affiliates, employees, officers, directors, agents, 
controlling persons and representatives, as well as any  person or entity 
who provides any services in connect ion with th is Agreement  or who is 
named as a co -defendant with us in a Claim asserted by you . 
 
What Disputes are Not Subject to Arbitration ?  Notwithstanding any other 
language herein , the te rm �Claim� shall no t include any  dispute or 
controversy regarding  the validi ty, enforceabi lity, coverage or scope of  
this agreement to arbitrat e or any part thereof, including, without 
limitation, the �Waiver of Jury Trial and Class or  Representative Actio n� 
provisio n set fo rth below , subsec tions A and B of the �Surviva l and 
Sever ance� provisio n set forth below  and this  sentence ; all such d isputes 
are for a court and not the arbitrator to decide.  In addition, c laims filed 
by you or us individually in small  claims cou rt, so l ong as any su ch claim 
remains in that court an d advances only an indivi dual claim for relief, are  
not subject to arbit ration.  However, if a claim is transferred, removed or 
appealed to a different court, you or we will then have the rig ht to 
deman d arbitr ation of such  claim. Other claims, disputes , controversie s 
or issues  not subject to arbitration a re set forth in the s ection titled 
�Rights Preserved.�  
 
How Does Arbitration Work?   The arbitration shall be administered by the 
American Ar bitration A ssociati on (�AAA�), p ursuant to its Consumer  
Arbitrati on Rules (c ollectively, � Rules�) in effect at the t ime a demand for 
arbitration is filed. The Rules are available online at www.adr.org , or y ou 
may contact the AAA at 120 Broadway, Floor 21, New York, N.Y 10271 .  
If the  AAA is unab le to serve and you and we cannot  agree on a 
repla cement, a  court with jurisdiction will selec t the arbitrator. If there is a 
conflict between the Rules  and this agreement to arbitrat e, or between 
this agreement to arbitrate and the Agreement, this agreeme nt to 
arbitr ate shall control.  P ursuant to the Ru les, the AAA will select a  single 
arbitrator  who shall have expertise in the substantive laws applicab le to 
the Claim�s subject matter. If the value of reli ef sought i s $10,000 or less, 
you or w e may elect to have the arbitration conducted  by telephone or 
based sol ely on the submission of written documents, unless the Rules 
or arbitrator requires an in -person proceed ing. If the value of the relief 
sought is more than $1 0,000, or an in-person proc eeding is required, t he 
arbitration proceedin g shall be conduc ted in the same city as the U.S. 
District Court closest to  your home address, unless the parties mutua lly 
agree u pon a different location in writing.  Either  party may,  at its sole 
cost and discr etion, choose to be repr esented by an attorne y at any 
arbitrat ion proce eding.  
 
The arbitrator may award any damages or other relief provided for under 
applicable la w as if an individual action  were  brought in court, in cluding, 
without limitation, punitive damages (whi ch shall be governed by the 
Const itutional standar ds employ ed by the courts) and injunctive, 
equitable and declaratory relief (but only in favor of the individual party 
seeking relief an d only to the extent  necessary to provide relief 
warranted  by that par ty�s individ ual claim). If we mad e a written offer  to 
you t o settle your Claim prior to an arbitrator being selected, and the 
arbitrator awards you an a mount great er than our last offer,  if any , we will 
(i) pay you t he arbitrator�s award or $5, 000, whichev er is greate r, and (ii) 
pay your reasonable attorn ey, witne ss and expert fees and costs , if any.  
Judgment on the arbitrator�s award is final and binding  and may be  
entered in any court o f competent jurisdic tion. 
 
The arbitrator, you and we will  not disclos e the existe nce, content or 
outco me of any arbitra tion proc eeding; provided, however, that 
disclosures required by applicable law or regulation shall no t be subjec t 
to such restriction.  The for egoing sente nce does no t prohibit any party 
from, in good fait h, investiga ting a claim or defen se, including 
interviewing  witnesses or otherwise engaging in discovery as permitted 
by the Rules.  No arbitration award  involving the parties will have an y 
preclusive effect  as to issu es or claims in any dispute  involving a nyone 
who is  not a party to the a rbitration, nor w ill an ar bitration award in prior 
disputes involving other parties have preclusive effect in an arbitr ation 
betwe en the parties to this a greement to arbitra te.  
 
How i s Arbitration Initiated?  If you or we e lect to arbi trate a Claim, the 
party electing arbi tration m ust notify the other party in writing. This notice 
can be given after the beginning of a laws uit and can  be given in papers 
filed in the lawsuit (f or example,  a motion by the defenda nt to compel 
arbitration of  claims asserted by t he plaintiff in a  lawsuit filed in court). 
Otherwise, your notice must be sent to Commerce Bank, Attn: ADR 
Notice , P.O. Box 413037 , Kansas City, MO 64141 -3037 , and our notic e 
will be s ent to the most recent a ddress for you in our files . If a party files 
a lawsuit in court asserting  Claim(s) that are subject to arbitration and the 
other party files a motion to compel arbitr ation with the court which is 
granted, it will be the responsibil ity of the party asserti ng the Claim(s)  to 
start th e arbitration proceed ing in accordance  with the  Rules.  
 
Who Pays for Arbitration ?  Except as otherwise provided herein, we will 
pay the fil ing, admini stration and arbitrator fees charged by the  AAA for 
any arbitration initiated in accordance w ith this agreement to arbitrate . If 
you pay any in itial filing fee, we will reimburse you. If you cannot afford to 
pay any initial filing fees, we will pay them fo r you. We will pay any fees 
or expenses tha t we are re quired to pay by law or the  Rules or th at we 
are re quired to pay for thi s agreement to arbitrate to be enforced.   
 
The arbitrator will have the authority to award fees and costs of 
attorneys,  witnesses and experts to the extent permitted by the Rules , 
this agreement  to arbitrate, the Agreement,  or applicab le law. We will not 
seek to recover fr om you any fees or expenses we pay on you r behalf , or 
any attorney, witness or expert fees or other co sts or expe nses we incur 
in defending an individual ar bitration c ommenc ed by you. 
Notwithsta nding the fo regoing, if the arbitrator finds that a Claim is  
 frivolous or brought in bad faith or for an improper purpose, then the 
payment of all fees, costs and e xpenses sha ll be determined by the 
Rules.    
 
What Law is Applicab le?  You and we agree that our relation ship 
include s transactions involv ing interstate commerce an d that this 
agreement to arbitrat e and any arbitration rule, proceeding and award 
pursuant to  the terms hereof, are governed by and enforceable pur suant 
to the provisions of the Federal  Arbitration  Act (�FAA�)  (9 U.S.C. � 1, et 
seq.).  Notwithst anding anyt hing to the contrary in the Agreement, t o the 
extent that state law is applicable , including with respec t to the 
interpretation and enforcement of this agreem ent to arbitrate, Missouri 
law shall ap ply to the e xtent consistent with  the FAA .  The arbitrator shall 
decide the claim in accordance with  applicable substantive law and  the 
terms of this Ag reement, and shall apply all statutes of limitation and 
honor attorney-client and other priv ileges.   
 
How do I Opt Out of  the Agreement to Arbitrat e?  If you do  not accept 
this agreement to arbitrate , you may reject it (�opt out�) . If you opt out , 
neither  you, nor w e, will  be subject to the requirement to re solve any 
claim by arbitration  or any other provis ion of this section.    
 
To opt ou t, you must sen d us writte n notice of your decision to reject this 
agreement to arbitrat e to the address set forth belo w. We must receive 
your written notice by the later of : (i) May 1 , 2020  or (ii) thirty  (30) days 
after w e sent you t his Agreement via US Mail, through e lectronic 
disclosure, provided it to you in person, or by other reasonab le delivery 
method . Your written  opt out notice must : (a) include a signed statement  
that you rej ect the agreement to arbitr ate set fort h in this Agreement; (b) 
include your name, addr ess and the Account  number  you wish to  opt out ; 
and (c) be sent to us at the following address: Commerce  Bank, Attn: 
ADR Credit Card Opt Out,  P.O. Box 414220 , Kansas Ci ty, MO  64141-
4220 . 
 
This is  the only way you can  reject this agreement t o arbitrat e. If you opt 
out, it will not affect any other  terms of this Agreement , and it will not 
adversely affect you r Account o r any relationship between you and us.  
Your rejection  of this agreement to arbit rate shall n ot be impute d to any 
other person  or entity or b e deemed to  be a rejection of this agreement 
to arbitrate by any person or entity other than you.  Nor s hall your 
rejection of this agreement to arbitrate eli minate the obligation of other 
persons  or entities  who wish to  reject this agreemen t to arbitrate to 
personal ly comp ly with the notice and time requirements of this opt -out 
provision . The agreement to a rbitrate is  the only section of this 
Agreement that yo u can opt  out of. 
 
Waiver of Jury Trial and Class or Represent ative Action.   UNLESS  YOU 
REJECT THI S AGREEMENT  TO ARBITRATE IN AC CORDANCE 
WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT 
IF A CLAIM IS ARBITRAT ED, NEITHER YOU NOR WE WILL HAVE 
THE RIGHT TO (i) PART ICIPAT E IN A CLASS ACTION IN COURT OR 
IN ARBITRATIO N, EITHER AS A CLASS REPRESENTATIVE OR 
CLASS ME MBER, (ii) ACT AS A  PRIVATE ATTORNEY GENERAL OR 
IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHAL F OF THE 
GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SIT UATED IN 
COURT OR  IN ARBITRATION OR (iii) HAVE A C OURT OR A JU RY 
RESOLVE THE CLAIM.    MOREOVER, UN LESS MUTUAL LY AGREED 
UPON IN W RITING BY ALL PARTIES, CLAIMS MAY NOT BE 
JOINED, CONSOLIDATED, OR OTHERWIS E COMBINED WHETHER 
OR NOT ANY SUCH COMBINATION OCCURRE D AS A RESU LT OF 
AN ASSIGNMENT.  
 
Rights Preserved .  In additio n to subjects exclude d from arbitrat ion in 
acco rdance with the pro vision titled � Which Disputes  are Not Subject to 
Arbitration ?� this  agreem ent to arbitrate does not prohibit you or us, at 
any t ime, from ( a) exercising any lawful rights to pres erve or obta in 
possession of prop erty or self -help remedies , including but not  limited to, 
the right to set -off, the right to restrain funds in a  deposi t account, 
recoupment, repossession, replevin or trust ee�s sales;   (b)  obtaining 
provisional or ancilla ry remedies or injunctive relief (other than a s tay of 
arbitration), including  but not limited to attachment, garnishment, 
interpleader or the appointme nt of a rec eiver by a court of appropriate 
jurisdictio n; or (c) bringing an individual action in court t hat is limit ed to 
preventing the other party fro m using a s elf-help or non -judicial remedy 
and that does not involve a request for damages or monetary r elief of 
any kind.  
 
Conflict, Survival and Severance .  In the ev ent of any conflict or 
inconsistency be tween this a greement to arbitrate  and other prov isions 
of this Agreement or th e Rules, this agreement to arbitrate will govern. 
This agreement to arbitr ate shall s urvive any termination of or changes to 
any of your Account subject to this Agreement; the tr ansfer or 
assignment of any of th e foregoing; an d the bankr uptcy of any party to 
the extent permitted by law . If any term or provision of this agreement  to 
arbitra te is held to be unenforceable, prohibited or invalid,  the remai ning 
provisions shall be enfo rced without  regard to such illeg al or 
unenforce able term o r provision , except  that: 
 
 (A) if any provision of this agreement to arbitrate regarding 
class action, class arbitration, private attorney general  action, ot her 
representative action, joinder, or consolidatio n is determined by an  
authority of c ompetent ju risdiction to be un enforceab le or illegal, such 
provision shall not be severable and this agr eement to a rbitrate between 
you and us (except for thi s sentence)  shall be null and void, provided that 
such determi nation of unenforceab ility or illega lity shall be subject to 
appea l. The parties acknowledge and agree that under no circumstances 
will a cl ass action,  private attorney general action or other r epresentati ve 
action be arbitrated; and  
 
 (B) if a Claim is b rought seeking public  injunctive rel ief and a 
court determines tha t the restrictions in the �Waiver of Jury Trial and 
Class or Representativ e Action� p rovision  or elsewhere in this agreement 
to arbitrat e prohibiting the arbitrator from awarding  relief on b ehalf of   
 
6 
 third partie s are unenforce able with r espect to such Clai m (and that 
determination becomes final after all appeals have been exhaus ted), the 
Claim for public injunctive relief will be d etermined i n court and any 
individual Claims seeki ng monetary relief will be arbitr ated.  In such a 
case the parties will reques t that the court stay the Claim for public 
injunctive relief until the arb itration aw ard pertaining to individual re lief 
has bee n entered i n court.  In no event will a Claim for public injun ctive 
relief be arbit rated.  
 
DISPUT E RESOLUTIO N - JURY TRIAL WAIV ER   
You and we agree that in the event that any Claim or dispute between us 
is not a rbitrated but instead is resolved  in court,  you and we  knowingly 
and voluntarily waive the ri ght to a jur y trial to the full e xtent permitted  by 
applica ble law. 
__________ ________________________________  
 
If you have any questions regarding this  Agreement,  or our current fee 
schedule, write to us a t Commerce Bank, P.O. Box 411036, Kansas 
City, MO 64141 -1036 , or call us at 1 -800-645-2103.  
 
 
(Effective 12/2020) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
7 
  
 
 
 
Commerce Bank credit ca rds may come with optional c redit card 
payment feature s, includin g Special ConnectionsSM and toggle�. The 
Special Conne ctionsSM and toggle� features are offered  at the sole 
discret ion of Comm erce Bank (�Comme rce�) to Accountholders (�You� or 
�Your�) that hav e Qualified Commerce Bank Credit Card Accounts.  A 
�Qualified Co mmerce Credit Card Account � means any open A ccoun t 
that is not designated by Commerce as lost, stolen, fraud transf erred, 
credit revoked, close d, bankru pt, charged off, or in Consumer Credit 
Counseling or recovery. By u sing these optional featur es, you 
acknowledge that you have read and accepted the  Comm erce Bank  
Special ConnectionsSM terms and cond itions (�Special Con nectionsSM 
Terms  and Conditi ons and t he Commerce Bank  toggle� terms and 
conditio ns (�toggle� Terms and C onditions �) which shall go vern your u se 
of and rights under these optional featur es. 
 
The S pecial Conne ctionsSM Terms and Conditions  and toggle� Terms 
and C onditions ar e a separate  agreemen t and are not part of your 
Agreement . 
 
SPEC IAL CONNECTIONSSM FEATUR E 
With this feature (� Spec ial Connect ionsSM Feature �), and as permitted 
from time  to time, you may use your Card to access Commerce Bank 
Special Connect ionsSM Feature-eligible depo sit accounts, credit cards, 
lines of credit, and/or lo ans. You may request t he Special ConnectionsSM 
Feature from  a Commerce Bank branch, through Commerce Ba nk 
Online Bank ing, or from our Customer Service Dep artment at 1 -800-645-
2103. The se features are no t autom atically activated.  
 
For customers with a Special  Connections� Visa� or Mastercard� credit 
card, please no te: The Special ConnectionsSM Feature is dif ferent from a 
Comm erce Bank Special Connections� Visa or Mastercard  credit card.  
The Special Connec tionsSM Feature allows you to add certain 
functionality to any Commerce Bank -issued credit card, including 
Commer ce Bank�s Special Connections� Visa or Maste rcard credit card. 
However, your Special Connection s� Visa or Mastercar d credit ca rd is 
not automat ically en abled with the Special ConnectionsSM Feature.  You 
must  proactively enroll any credit card, in cluding you r Special 
Connections� Visa or Mastercard  credit card,  in the Spec ial 
ConnectionsSM Feature in order for that card to utilize the S pecial 
Conne ctionsSM Feature�s capabilities described herein.  
 
ELECTRONIC FUND T RANSFERS  
The following provisions apply only to electronic fund transfers  (�EFTs�).  
EFTs are any transfer of funds initiated with your Card( s) at an ATM or 
as a debit tran saction at Point of Sale.  We can can cel these services at 
any time and for any reason  without  notice.  We can also cance l your 
entire Account, including credit card services, and revoke  your Card(s) 
as provided in the CANCELLA TION paragraph above . This may be do ne 
by an ATM  or merch ant not re turning your Card(s) to you.  We may 
change the te rms of t his Agreement relating to EFTs withou t notice to 
you unless required by law.  
 
TELEPHON E NUM BER AND ADDR ESS TO BE NOTIFIED IN EVENT 
OF UNAUTHORIZED TRANS FER 
Tell us  AT O NCE if  you believe yo ur card ha s been lost or stolen, or if 
you believe that an electron ic fund transfer has been made withou t your 
permission using information from you r check. T elephoning is the best 
way of keeping you r possible losses do wn. You cou ld lose all  the money 
in your accoun t plus your maximum overdraft line of credit. If you tell  us 
within 2 business days  after you learn of the loss or theft of your card, 
you can lose no m ore than $50 if someone used your car d without your 
permi ssion.  
 
If you do NOT  tell us within  2 busines s days after you learn of the loss or 
theft of yo ur card,  and we can prove we could  have stopp ed someone 
from using your card without your  perm ission if you had told us, you 
could lose as m uch as $500.  
 
Also,  if your st ateme nt sho ws transfers th at you did  not make, including 
those made by card, code or other me ans, tell us at once. If y ou do not 
tell us within 60 days after the statement wa s mailed to you, you m ay not 
get back any money you  lost after the 60 d ays if we c an pr ove th at we 
could hav e stopped someone from taking the money if you had told us in 
time.  If a good reason (such as  a long tri p or a hospital stay) kept you  
from telling us, we will extend the time period. By permitting a nother 
person to u se the card, you a uthori ze and are full y liable f or any 
transactions that person initiates until t hat pers on�s authority is ended. 
You may only  end that person �s authority by notifying us .  
 
If you  believe your card has been lost or stole n, or that someone  has 
transfer red o r may transfer money from your account without your  
permission, call us at 1 -800-617-7480 or write to us at Commer ce Bank, 
PO Box 411036, Kansas City, MO 64141 -1036. You  shou ld also call the 
number or write to the addres s listed above if  you believe a  transfer h as 
been made using the in formation from your check without your 
permission .  
 
TYPES OF AVAIL ABLE TRANSF ERS AND LIMITS ON TRANSFERS  
 
Account Access.  The follo wing EF Ts ar e only a vailable if you request 
the Special C onnectionsSM Feature. Depending on  the type  of accounts  
that Commerc e determines from time -to-time are eligible for t he Sp ecial 
Conne ctionsSM Feature as well as which of your accounts you choose to  
access  using  the Sp ecial ConnectionsSM Feature, you may use your Card 
to perfo rm the follo wing functions  where otherwise permitte d:  
 
ATM Transaction  
At the ATM, insert your Card  and enter t he credit c ard PIN that you 
established for this Card t o (i) with draw ca sh fro m, depo sit mone y in,   
 
 
 
transfer funds bet ween, or learn the balances in you r checking, r egular 
savings or money -market accounts; (ii) use funds from your checking , 
regular savings , and money -market accounts to make payments on your 
Commerce cre dit car ds, lines of credit or loans or (iii) take cas h 
advances on your Commer ce credit  cards.   
 
The account(s) you designate  for ATM accessibility will be considered 
your Sp ecial ConnectionsSM Feature at the ATM account (s) (each, an 
�ATM Account �). If you  wish t o designate o ne or more  checking accounts 
as an ATM Account, then  you m ust desig nate one of t hose checking 
accounts as  your Point of Sale Account , as defined below.  In order to 
have AT M access to  your checking accounts, you must at all tim es 
maintai n a Poi nt of Sale Ac coun t. If you no longer have a Po int of Sale 
Account , then you will  lose ATM acc ess to all of your checki ng accounts.  
 
Commerce has no control over the f unctionalities of fered at no n-
Commerce ATMs.  Some or all of these featur es may not  be ava ilable at 
all non-Comme rce ATMs and some ATMs may allow you to pe rform 
other fun ctions not me ntioned here, including t he ability to make 
purchases (e.g. stamps).  If at any time you use  a non-Comm erce ATM to 
request to take money from an ac count that  you do  not have or if the 
non-Commerce ATM does not prompt you to selec t a specific ac count 
from wh ich to take the money, th en you agree that Commerce will 
attempt to comply  with your reques t by provid ing you with money from 
one of your open ATM  Accounts.  Cash w ithdrawals ma y be taken  from 
any open deposit ATM Account owned b y you and cash advances may 
be taken from any credit card ATM Account owned by you.  
 
Point of Sale Tra nsaction  
You may designate o ne (1) checking account as your Special 
Conn ectionsSM Feature  at the point  of sale account  (�Point of Sale 
Account�).  At merch ants that have agreed to acc ept the Card on 
networks utilized by us  and support the Special Connection sSM Feature , 
you can use fun ds in your Point of Sale Account to pay for your 
purch ases. T he use of you r Card in this manner constitutes  a 
simultaneous wit hdrawa l from an d/or demand u pon your checking 
account , even though the transaction may not actually be  posted to your 
account unti l a later date.  Merchants decide how to inte ract with the 
Special Connecti onsSM Feature and the experience may vary.   
 
Only Co mmerce checking  accounts are  eligible for this functi onality and 
only one (1) Commerce Bank checking a ccount can be des ignated as 
the Point of Sale Account at any one time.  Your Point of Sale  Account 
shall always remain as an ATM Account . If at any time yo u instruct 
Comm erce to remov e the Point of Sale capab ilities from your card, you 
will no longer have a ccess to any of y our checkin g accounts at the ATM.   
 
ATM and Point of Sa le transac tions w ill post to y our checking account(s) 
as detail ed in your Deposit Agreem ent.  
 
Foreign Transac tion 
For transactions occ urring outside of the United States, the nature o f 
which is unspec ified to us , we will apply the transaction to accounts in 
the fol lowing order: checki ng, money-market, regular savings , 
Commerce Visa or Commer ce Master card. 
 
Limita tion on Frequency of Tran sfers.  There are no limitations on the 
number of transfers that ca n be made d uring any time period to or from 
any deposit  account, except as provided b y federal regulations limiting 
preauthorized transfe rs. By federal regulation, y ou are limited during any  
statement cycle to six preauthorized transfers ( three of which ma y be by 
check, draft or similar order if the account is  a money m arket -type 
account).  
 
Limitation on Dollar Amount of Transfers.  The bala nce available f or 
authorizin g purchases and cash with drawals is the lesser of 1) your 
available deposi t account balance , plus any credit available through an 
overdraft protec tion line of cred it or through  any overdraft authorized by 
us in our sole discreti on, OR 2) daily  dollar limit ations. For cash 
advances  against a Commerce Bank credit card, you may wit hdraw cash 
up to the lesser of your credit line or daily dollar limitati ons. In ad dition,  
daily withdr awal frequency limitations may ap ply to cash advance s. 
Dollar limit ations may di ffer at ATMs other than o urs. 
 
Online Gambling.  You agree that you will no t use your card f or any 
purpose that has been deemed illegal. We reserve  the right  to den y 
authorizati on requests from online gambling merchants, whether or not 
online g ambling is il legal in the state in whi ch you use your card.  
 
Reservations and Merchant Authorization.  Under certain  
circumstances, a merchant (e.g., hotel) may  require t he use of a card to 
guarantee reservations that may r esult in a hold on the available f unds in 
the a ccount. If you cancel any  guaranteed reservation made using the 
card, you must obtain a can cellation n umber. If you fail to do so, the hold 
placed  for the g uarante ed reservatio n will not be canceled and the 
amount will be held a gainst the bala nce in the ac count. This may limit 
your future transactions. Further, if the merchant s ubsequently charg es 
the amou nt of the guaranteed reservation to the acco unt, we wi ll not be 
obligated to re-credit the account if you f ail to obtain a can cellation 
numbe r. In additio n, authorizations issued for card transactions must be 
canceled when you i nitiate a card tr ansaction a nd subsequently use 
another form of payment for the tr ansacti on such as a credit card or 
cash, since failur e to have the autho rization cancel ed may also r esult in 
a hold on funds in the account and limit your future transactions . 
 
POINT OF SALE TRANSACTION S 
The use of your card with the Special Conn ectionsSM Feature  to 
purchase good s and services constitutes a simultaneous withdr awal from 
and/o r demand upon  your checking account, e ven though the transaction 
OPTIONAL FEATU RES   
 
8 
 may not actually be po sted to your acco unt until a  later date. Any person 
or merchant honoring  your card  may be  required to obtain approval or 
authorization for any transaction . When  we appro ve a non -PIN 
transaction (which may or  may not require your signature), we may 
immediat ely reduce the av ailable bal ance in your checking account by 
the authori zation amo unt req uested by the  merchant even though we 
have not  received the trans action electron ically for pa yment, which may 
differ f rom the final posted amount.  
 
This authorization  amount will not be availabl e until our receipt of the 
transaction OR no  more than  three business days  after the transaction 
date, whic hever first occurs.  If funds are n ot available for checks, other 
items o r debits, you may be subject to overdraft or insu fficient funds fe es. 
Transac tions with your card will be posted to your account in  the or der 
and with the same legal effect as checks o r other debits draw n on your 
accou nt. You may u se your card only in the manner and for the purposes 
authorized by this Ag reement. We may r ecognize a transaction even if 
we have not authorized i t, but tha t does not mean we w ill authorize the 
same type of tr ansaction again. Yo u do not have t he right to s top 
payment on any transa ction originated by use of your card with the 
Special ConnectionsSM Feature, except recurring preauthorized transfers 
as described in this  Agreement.  
 
Overdrafts. You are responsible for all authorized transa ctions in itiated 
by us e of your card with the S pecial ConnectionsSM Feature. If a negative 
balan ce (overdraft) in  your check ing account results from the use of the 
card with the Special  ConnectionsSM Feature, you will pay us on dem and 
this negative b alance  and our then current ch arge for overdrafts. If y ou 
have an overdraft line of credit (Checking Plu s) for an accou nt, you are  
bound by the rules and regulations that app ly to that  credit  privilege 
(Overdraft Protection). In addition , if your checking accoun t is clos ed 
before trans actions are posted, you w ill pay us on demand the 
outstanding amount.  
 
FEES 
Fees for all EFT service s are disclosed in our fee schedule. You wil l 
receive a fee s chedule at ac coun t open ing. You may request a copy of 
our current  fee schedule a t any Commerce branch or by contacting 1 -
800-453-2265. When you use an ATM not owned by u s you may be 
charged a fee  by the ATM operator (or any network used) f or a 
trans action or for a bala nce inquiry even if you do not co mplete a fund 
trans fer. 
 
RIGHT TO RECEIVE DOCUMEN TATION OF TRANSFERS  
 
Term inal Receipts.  You will get a receipt at the time  you make any 
transfer to or from your deposit account using an ATM or  electroni c POS 
terminal.  
 
Preauthorized Credits.  If you have arranged to have di rect deposits 
made to your dep osit account at least onc e every 60 days from the same 
person or company, you can call us  at 1-800-746-8704 to find out 
whether or not the depos it has bee n made.   
 
Periodic S tatement. You will get a monthly deposit statement i f you 
have a de posit account u pon which checks or draft s may be drawn. You 
will get a monthly deposit st atement on your  regular sa vings account if 
there are electronic transf ers during  the mo nth. In any c ase, you w ill get 
a regular savin gs deposit statemen t quarterly.  
 
DISCLOSURE OF AC COUNT INFORMATION TO THIR D PARTIES  
We will disclose information to third p arties about yo ur account or the 
transfers you make:  
� Where it is nece ssary for complet ing transfers . Merchants with 
whom you�ve shar ed your account num ber may be upda ted with 
new ac count information to ensu re the continuation of your payment 
agreement.  
� In order to veri fy the exis tence and condition of your account for a 
third party,  such a s a consumer reporting agency or merchant.  
� In order to comply wi th government a gency or court orders.  
� If you give us y our permission.  
� In accordance with our current P rivacy Policy N otice.  
 
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFE RS AND 
PRO CEDURES  FOR DOING SO ; RIGHT TO  RECEIVE NOTICE OF 
VARY ING AMOUNTS; AND OU R LIAB ILITY FOR  FAILURE TO STO P 
PAYMENT  
If you have tol d us in advance to make regular payments out of y our 
deposit acc ount, you c an stop any of these payments. Here�s how: C all 
us at 1-800-617-7480 or wr ite us at Commerce Bank, PO Box 4 11036, 
Kansas City,  MO 64 141-1036 in time for us to receive your request t hree 
business days or more before the payment is scheduled to be  made. If 
you call, we may also require you to put your  request i n writi ng and get it  
to us within 14 days after your call.  
 
Notice of V arying Amounts.  If these regul ar payments may vary in 
amount, the person you are going to pay will tell you, 10 days be fore 
each p ayment, when it will be made and how much it  will be. You may  
choose to ge t this notice only when the payme nt would differ by more 
than a cer tain amount fro m the previous payment, o r when the amount 
would fall outside certain limi ts that you set .  
 
Liabili ty for Failure to Stop Payment of Preauthori zed Transf ers. If 
you order us  to stop one of these payments th ree business days o r more  
before t he transfer is scheduled, and we do not do so, we will be liable 
for your losses or damag es.  
 
Our Liabi lity for Fa ilure to Make Transfers.  If we do not comple te a 
trans fer to or from your depo sit account on time or in the  correct amount 
according to our A greement with y ou, we will be liable for  your losses or 
damages. However, there are some exceptions. We will not be  liable, for 
instance:  � If through no fault of ours, y ou do n ot have enoug h mo ney in your 
account to make t he transfer.  
� If the transfer woul d go over the c redit limit on your overd raft line.  
� If the ATM where you are making the t ransfer does no t have 
enou gh cash.  
� If the terminal or system was not working pr operly and you knew 
abou t the breakdown when you star ted the transaction .  
� If circumsta nces beyond our  control (such as flood o r fire) prevent 
the transfer, despite reasonable precautions tha t we have t aken.  
� There may be other exceptions stated in our Agr eement with you.  
 
ERROR  RESOL UTION PROCEDURES  
In cas e(s) of errors or q uestions about your EFTs, telephone us at 1 -800-
617-7480 or write us at Commerce Bank, PO Box 411036, Ka nsas City, 
MO 6 4141-1036 a s soon as you can, if you think your stateme nt or 
receipt is wrong, or if you need m ore information about a  transfer listed 
on the statement or receipt. We must hear from you no lat er than 60 
days after we sent the FIRST deposit s tatement on whi ch the prob lem or 
error appeared.  
� Tell us your name an d account number.   
� Tell us the  name of the merchant, the transa ction date and the 
dollar amount o f the suspected  error.  
� Describe the err or or the transfer you are unsure about, and expl ain 
as clearly as you can why you believe it is an error or why you ne ed 
more in formati on.  
� Tell us if you have already attempted to resolve the issue d irectly 
with th e merchant.  
� If you tell us orally, we m ay require that you send your complaint or 
questi on in writing w ithin 10 bu siness days.  
 
We will determine whether an error occu rred wi thin 10 busin ess days 
after we hear from you a nd will correct any  error promptly . If we need 
more time, however, we may take up to 45 calendar days to investigate 
your c omplaint or que stion. If w e decide to do this, we will credit your 
deposit accou nt with in 10 busines s days for the amount you think i s in 
error so that you will have t he use of the m oney during the time it t akes 
us to complete our investigation. If we ask you to put your  complaint or 
question in writing and we do not receive  it within  10 bus iness days, w e 
may not credit your deposit acc ount.  
 
For errors involving new a ccounts, point -of-sale, or foreign -initiated 
transactions, we may take up to 90 days to i nvestigate your  complaint or 
question. For new accounts, we may take u p to 20 bu siness days to 
credi t your account for the amount you  think is in error.   
 
We will tell  you the result s within three business d ays after completing 
our investigation. If we dec ide that there was no erro r, we will send you a 
written explanation. Y ou may ask  for co pies of docum ents that we used 
in our investig ation.  
 
TOGGLE� FEATURE 
Commerce may  add toggle� to any Qualified Commerce  Visa or 
Mastercard  Credit Card Account.  
 
DEMAND  DEPOSIT ACCOUN T 
You may l ink up to two (2) demand deposit accounts (e ach, a � DDA�) to 
Your Qualifie d Co mmerce Credit Card Account fo r the use of the to ggle� 
payment fea ture. 
 
If You  link a Commerce DDA to Y our Account, that DDA must be an 
open checking ac count. You must  have an ow nership relationship to that 
DDA in order to  link it t o Your credit card A ccou nt. Any person using the 
Acco unt and/or  related Card(s) with the expressed or implied permission 
of any  of the applicants ( �Authorized Users �) will have  access to the 
linked DDA through the use of Your Account.  
 
Any DDA t hat has be en desi gnated by Com merc e as having a 
garnishment, a closed -to-posting r estriction, or ha s been forced  to close 
by Commerce, wi ll not be eligible to link to Your Account for th e purpose 
of the toggle� payment feature. Small Business banking accou nts will n ot 
be eligible to li nk to Your  Account for the purpos e of the t oggle� payment 
feature.  
 
If You link a  non-Commerce DDA to Your  Account, You must provide 
Commerce with the acco unt number and the routing  information for that 
financial institution.  Certain t ransact ion restricti ons may apply to such 
non-Commerc e DDAs. Pl ease refe r to such bank �s terms and con ditions 
of Your DDA for a pplicable fees, restrictions and/or limitations o f Your 
DDA.  
 
PAYMENT PRE FERENCES  
�Payment Preferences � means the sel ection of a categ ory, setting and/or 
amount you choose to determ ine if a c redit ca rd purchase is to be paid 
for from your linked DDA or if  it is to remain a part of your credit card 
balan ce.  
 
PAY NOW�  
�Pay Now�� means a credit card purchase that will be automatica lly pai d 
for from Yo ur DDA according to Your Payment P references . Any 
purchase made by You  or an Author ized User with Your Accou nt, will be 
paid for from the DDA that has been l inked to Your Account, an d in 
accordance with the Payment Preferences  that have  been s elected by 
the applicants of the Account.  
 
When  a toggle� credit is posted to your Account, we r eserve the right to 
place  a temporary hold on the available credit created  by the toggle� 
credit. toggle� does not, nor is it intended to, shor ten the time frame in 
which yo ur available credit is replenished  after a p ayment t o your 
Account.  
 
Purchases may take 1-2 business days to  post to Your Account following 
the date of Purch ase. After the  Purchase h as posted to Your Account, an 
ACH may take 1 -2 busines s days to appear as a debit on Your DDA.    
 
9 
 Payments are  not appli ed to th e required minimum  payment due on Your 
Statement each mo nth. You will still have a required minimum payme nt 
due each mo nth, which will appear on Your Statement and will be 
subject to t he term s of Your car dholder agreement.  
 
PAY LATER   
�Pay Later � means a ny Purchase that is made with Y our Account that will 
not be automatically paid for from a DDA, and will b ecome a part o f your 
outstanding credit card balance.  
 
You may choose  to use th e Pay L ater feature  for Your Purchases by 
choosing not to activat e a sp ecific Payment Prefe rence, by d eactivating 
a previously chosen Payment Preference, by cancellation of a l inked 
DDA, or by the canc ellation of the toggle� payment feature from  Your 
credit card  Account.  
 
UNWIND� 
�Unwind�� means the ability to  return fu nds th at were used to pay for a 
Purch ase from Your DDA with th e Pay Now� feature, and to have the 
original Purc hase placed ba ck on to Yo ur Account.  
 
You will have up to 30 calendar  days to u se the Unwind� featu re for a 
Pay Now� feature Purchase. When the P urchas e posts back to Your  
Account, i t will post with the orig inal transaction date, and will be subject 
to int erest charges according t o the terms of Your Cardholder 
Agreement. We  reserve t he righ t to limit th e total amount of your 
Unwind� featu re request s from  exceeding the avail able credit  for Your 
Account.  
 
TOGGL E ON DEMAND � 
�toggle On Demand�� means any credit  card purchase  that You 
manually choose to be paid from either Your D DA or rewa rd poin ts after 
the transaction posts to Your Account.  
 
ACH RETUR NS 
If an ACH payment reque st is retur ned for any reason, the o riginal 
Purchase that initiated that ACH payment request will b e posted ba ck to 
Your Account  and will be due according  to the te rms of Your Agreemen t. 
 
An ACH  return for any reason wil l result i n the deactivation of any active 
Payment Preferences for the DDA that caused the return, and any other 
DDA tha t might share a n active Pa yment Preference. Your Payment 
Preferences w ill remain  deacti vated until s uch time that you re -activate 
Your P ayment Pre ferenc es. 
 
If Your Payment  Preferenc es are not active, any pe nding and future 
Purchases that previously matche d that Payment Preference,  will post to 
Your Account and will not init iate an AC H payme nt request. T hese   
 
Purchases will become a part of  your ou tstandin g credit card balanc e 
with Com merce and will be due ac cording to the terms of Your 
Agreement.  
 
If You h ave linked a Com merce DDA t o Your Account, any ACH 
payment request that  would res ult in an overdraft of Your DDA will be 
returned to Your  Account , and no  overdraft or insuff icient fu nds fees will 
be assessed  to You. If you have linked a non -Commerce DDA to  Your 
Account, Y ou may be a ssessed overdraft and/or insufficient funds fees 
accor ding to  that financi al institution's deposit agreement.  
 
toggle� ALERTS  
Comme rce will use th e email a ddress provided by You at  the time of the 
Account(s) or Card(s) opening to  notify you of i mportant ch anges in 
regard  to the toggle� payment featu re for You r Accou nt. You will not be 
able to turn off these notifi cations.  You ag ree th at You are resp onsible 
for maintaining a valid e mail address and agree to notify us of any 
change  in Your email ad dress. You can change the email address for 
account not ification at any time through Comm erce O nline Banking. 
Should deli very of the acc ount n otification be unsucces sful, it remains 
Your res ponsibility to monitor Your toggle� Payment Prefe rences in a 
timel y manner fr om Commerce Online Banking.  
 
GENERAL TERMS & CONDITIO NS 
You must be enrol led in a Commerce Rewards Program in  order t o 
recei ve rew ards for Your P urchases .  
 
Commerce reserves the  right, in its sole discretion, to suspend, cance l or 
modify the t oggle� paym ent feature at any time and for any reason a nd 
without  prior notice.  
 
Com merc e reserves the right, in its sol e discre tion, t o add, delete, 
change  or revi se these  toggle� Terms an d Conditions including, but not 
limited to, quali fications for par ticipation in toggle�.  
 
Commerce reserves the right, i n its sole  discre tion, to disq ualify any 
Accountholder from partic ipation in togg le� in cases of actua l or 
suspected abuse, fraud, viol ations of these toggle� Terms and 
Conditions or a ny actual or susp ected abuse  or fraud with respect to the 
Account or DDA .  
 
Neither  Commer ce nor its t hird-party service providers, their respecti ve 
emplo yees, officers, affi liates or  agents will be liable to  You for any 
action or inaction any of them take or fail to take w ith respect  to toggle� 
or any changes to these toggle� Terms and Conditi ons.  
 
All trademarks, service marks and trade n ames use d by Com merce for 
toggle�, including the toggle� design are pr operty of Commerce. No use 
of these may be made w ithout the prior written aut horization of 
Commerce.  
 
By using toggle�, You agree to all of the toggl e� features , limitations and 
restric tions co ntained in these toggle� Terms and Co nditions as well as 
any a dditional terms and conditions contained in any p rograms, promotio ns or trans actions that may be offered to You from time -to-time 
and any terms and co nditions co ntained in any document i ssued to  You 
by Comme rce.  
 
This aut horizatio n is to remain in effect until Commerce has received 
electronic notice of termination from You. You ma y terminate toggle� 
electronically through O nline Bank ing, or  by contacti ng us at 1-800-645-
2103. Your notice  must be  sent in  such  time and manne r as to a fford 
Commerce Bank a rea sonable opportunity to act upon the termination 
(but in no event l ess than th ree business days). Commerce reserves the 
right to dec line or  cancel togg le� service  at any time.