CARDHOLDER AGREEMENT 
                                               
                                                    
                                               
     
    This cardholder agreement (�Agreement�) is for your Account with  INSTALLMENT PLAN 
    Commerce Bank, and the Card(s) which has/have been given to you in  Installment Plans may be available for eligible Accounts to initiate and 
    connection with your Account. Such Account and Card(s) provide you  can be used for qualifying transaction(s) only; and not for a Cash 
    with credit card services and ATM Services. �You� and �your� mean any  Advance, Balance Transfer, or any Fee owed to us. When selecting an  
    applicant for the Account and any person using the Account and/or  Installment Plan, the qualifying transaction(s) will be moved to an 
    related Card(s) with the expressed or implied permission of any of the  Installment Plan balance and may be subject to an Installment Plan Fee 
    applicants. Any person whose name appears on the Account for the  instead of the periodic interest rate. If you do not pay your entire 
    Card(s) accompanying this Agreement consents, either by using or  Installment Plan balance in the pre-selected amount of billing cycles, any 
    permitting another to use the Card(s), to all provisions of this Agreement.  remaining balance will be transferred to your applicable Purchase or 
    �We�, �us� and �our� means Commerce Bank, our successors and  Convenience Check balance and your respective periodic interest rate 
    assigns.                                  applied.  
                                               
    This Agreement contains an arbitration provision, a class action  We may limit the number of active Installment Plans you can have at one 
    waiver, and a jury trial waiver. Please read the entire section titled  time and reserve the right to change this number at any time. Installment 
    �DISPUTE RESOLUTION - ARBITRATION� and the section titled  Plans cannot be cancelled after they have been set up, but you can 
    �DISPUTE RESOLUTION � JURY TRIAL WAIVER.�  choose to pay the Installment Plan early by paying the new balance, 
                                              shown on your most recent Statement, in full. If you pay an Installment 
    In this Agreement:                        Plan off early, you will not incur any future Installment Plan Fees for that 
    Account is your credit card account.      Installment Plan. 
    Annual Fee is a fee charged on a yearly basis for your continued use of   
    the Account.                              In the event you return items from an Installment Plan, we will choose 
    APR is Annual Percentage Rate.            how to apply the credit to your existing Account balances, including 
    ATM is Automated Teller Machine.          whether to apply a credit to an Installment Plan balance or a different 
    Balance Transfer is an advance made when transferring a balance from  balance.  
    another creditor to your Account.          
    Business Days are Monday through Friday. Federal holidays are not  PROMISE TO PAY 
    included.                                 You promise to pay for all Purchases, Balance Transfers, Convenience 
    Card is the credit card(s) given to you in connection with your Account.  Checks, Installment Plans and Cash Advances made by you through the 
    Cash Advance includes:                    use of the Account. In addition, you promise to pay all other amounts 
      � Non-Overdraft Cash Advance is an advance made by means of  owed due to use of the Account by anyone else you authorize to use the 
      an electronic device or machine, or a financial institution teller, or for  Account until such person�s authority is ended. You may only end such 
      the purchase of wire transfers, non-U.S. currency, travelers� checks,  person�s authority by notifying us in writing and returning to us any Card 
      money orders, lottery tickets and casino gaming chips.  such person may have. All of you are responsible, both together and 
      � Overdraft Cash Advance is an advance made by means of  individually, for the entire Account balance even though only one of you 
      overdraft protection.                   uses the Account. 
    Cash Limit is the maximum dollar amount of your Credit Line, as defined   
    herein, available for Cash Advances.      BILLING STATEMENTS 
    Charges are costs imposed as part of this Agreement and include both  You will receive a Statement periodically (normally monthly). Your 
    interest and fees.                        payment is due within 25 days from the date of the Statement (payment 
    Convenience Check is a check provided to you to access credit from  due date). 
    your Account.                              
    Daily Balance is determined, for each day in the billing cycle, by taking  PAYMENT OPTIONS 
    the beginning balance, adding any new transactions or other debits  You may pay the new balance shown on your Statement each month or  
    (excluding any active Installment Plans), and subtracting any payments  you may pay in monthly installments. If you decide to pay in monthly 
    or other credits.                         installments, you must pay at least the minimum payment on your 
    Daily Periodic Rate is the APR divided by 365.  Statement. The minimum payment will include the sum of all active 
    Fees are non-Interest Charges, including transaction fees.   Installment Plan payments due, plus the greater of: 
    Grace Period means the period of time during the billing cycle when you  �  $30.00 or the full amount of your total balance (excluding any active 
    will not accrue Interest Charges on certain transactions or balances.  Installment Plan balances) if it is less than $30.00; or 
    Installment Plan is a feature that can be used to make fixed monthly  1.00% of your new balance (excluding any active Installment Plan 
    payments over a pre-selected number of billings cycles for qualifying  balances) plus any amounts that are past due, plus Fees (excluding 
    transaction(s).                             Balance Transfer and/or Convenience Check Fees) and Interest 
    Installment Plan Fee is a fee charged on a monthly basis on all active  Charges accumulated during the billing period. 
    Installment Plans.                           
    Interest Charges are the portion of Charges attributed to periodic  When a payment is posted to your Account, we reserve the right to 
    interest rates.                           restrict or delay all or part of the available credit created by the payment. 
    PIN is Personal Identification Number.    The restriction or delay of the available credit is for risk management or 
    Prime Rate is the U.S. Prime Rate published in The Wall Street Journal  other related purposes, including but not limited to protection against 
    in its column called �Money Rates� on the last Business Day of each  actual or potential fraudulent activities or unauthorized transactions.  
    month.                                     
    Promotional Balance is the balance subject to the Promotional Rate.  OVERDRAFT PROTECTION 
    Balances subject to Introductory Rates are included.  If you select overdraft protection, a Cash Advance will be made to cover 
    Promotional Rate is a rate other than the standard rate, tied to a special  an overdraft in your designated Commerce Bank deposit account. Such 
    offering. A Promotional Rate offered when you open your Account may  Overdraft Cash Advances will be in the amount of $50.00 or multiples of 
    be called an Introductory Rate.           $50.00. If the designated deposit account is a joint account, you will be 
    Purchase means purchase of merchandise or services on the Account  liable for all overdrafts on the account regardless of which joint account 
    plus related Charges and does not include any Balance Transfer,  owner caused, or benefited from the overdraft. Each Overdraft Cash 
    Convenience Check, Cash Advance, Installment Plan and related Fees  Advance is at our discretion. We may permit or refuse to permit any 
    or Interest Charges.                      Overdraft Cash Advance that would cause you to exceed the Cash Limit 
    Statement is your billing statement.      on your Account. We are not liable or responsible for any check drawn 
                                              that may for any reason be returned or otherwise dishonored. We may 
    CREDIT CARD SERVICES                      cancel this overdraft feature at any time without notice. 
    The following provisions relate only to credit card services except as   
    otherwise applicable.                     BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED 
                                              If you accrue any Interest Charges on your Account at a variable rate, 
    ACCOUNT DESCRIPTION                       that rate will be calculated by adding a margin to the Prime Rate. Please 
    We will grant you a line of credit with a maximum dollar limit (�Credit  see the ACCOUNT OPENING DISCLOSURE, which is part of this 
    Limit�) and may designate a Cash Limit as determined by us. These  Agreement, for specific information regarding the APRs used to 
    limits will be indicated on your Statement.   compute your Interest Charges. 
                                               
    Subject to the terms of this Agreement, you may use your Account to  We calculate your Daily Balance for each day in the billing cycle by 
    make Purchases and obtain Balance Transfers, Convenience Checks,  taking your beginning balance, adding any new transactions (excluding 
    Installment Plans and Cash Advances that do not exceed your Credit  any active Installment Plans) or other debits, and subtracting any 
    Limit and/or Cash Limit at any time. Should your Purchases, Balance  payments (excluding payments toward any active Installment Plan) or 
    Transfers, Convenience Checks, Installment Plans and/or Cash  other credits. We multiply the Daily Balance by the Daily Periodic Rate to 
    Advances ever exceed your Credit Limit and/or Cash Limit, we reserve  get your Interest Charges for that day. We add these Interest Charges to 
    the right to terminate this Agreement and demand the return of your  your Daily Balance to get the beginning balance for the next day. We do 
    Card(s). We can increase or decrease your Credit Limit and/or Cash  this for all days on which you have a balance owing on the Account, 
    Limit at any time without prior notice or liability. A change to your Credit  disregarding any credit balance, for the billing cycle. 
    Limit and/or Cash Limit will not affect your obligation to pay us.   
                                              We add all the daily Interest Charges and round the sum to the next 
    We may decline, at any time in our sole discretion, an authorization  highest cent to get your total Interest Charges for that billing cycle. We 
    request for any transaction for any reason, included but not limited to:   do this calculation separately for each type of balance. 
       �   operational considerations,         
       �  your Account is in default,         The Prime Rate used to determine the APR on your Account is the U.S. 
       �   we suspect fraudulent or unlawful activity  Prime Rate published in The Wall Street Journal in its column called 
    We are not responsible for any losses or damages, including  �Money Rates� on the last Business Day of each month. Although each 
    consequential damages, if a transaction on your Account is declined,  Daily Periodic Rate is determined by an index published prior to the first 
    either by us or a third party, even if you have sufficient credit available.  day of each calendar month, the respective Daily Periodic Rate will only 
                                              become effective and charged as of the first day of the monthly billing 
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    period following the respective calendar month in which the index is so  Foreign Transactions 
    published. No representation is made that the U.S. Prime Rate is the  Please see the ACCOUNT OPENING DISCLOSURE for information 
    lowest, the best or the favored rate of interest. If for any reason The Wall  regarding the specific Fees that may be charged to your Account related 
                                                    
    Street Journal no longer publishes the �Money Rates� column, then we  to foreign transaction. 
     
    will choose a new index based on comparable information. An increase   
    in the Prime Rate will cause your interest rate to increase and may cause  Visa and Mastercard Purchases, cash withdrawals and Cash Advances 
    your minimum monthly payment to increase.  made in currencies other than U.S. Dollars will be converted to U.S. 
                                                                    �    Dollars under regulations established by VISA International and 
                                                   � 
    INTEREST CHARGE COMPUTATION               Mastercard International. Visa conversion will be at a rate selected by 
    �  ON PURCHASES: Interest Charges begin to accrue on the  Visa from the range of rates available in wholesale currency markets for 
       transaction date, provided such date will never be later than the  the applicable central processing date, which may vary from the rate 
       date the Purchase is posted to the Account or earlier than the first  Visa itself receives or the government-mandated rate in effect for the 
       day of the billing cycle for the Statement on which such transaction  applicable central processing date. Mastercard conversion will be at a 
       is shown. Purchases are subject to a Grace Period. If the previous  rate selected by Mastercard, typically either a government-mandated 
       balance is zero or was paid in full by the payment due date shown  rate or a wholesale rate provided to Mastercard. Conversion to U.S. 
       on your Statement, no Interest Charge will be assessed on current  dollars may occur on a date other than the date of the transaction. 
       Purchases.                             Therefore, the conversion rate may be different from the rate in effect at 
    �  ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:  the time of the transaction. You agree to pay the converted amount plus 
       Except for Convenience Checks associated with Installment Plans,  the applicable foreign transaction Fee. For Purchases, cash withdrawals, 
       Interest Charges begin to accrue on the date of the Balance  and Cash Advances made in U.S. dollars outside of the United States 
       Transfer or Convenience Check, provided such date will never be  and its territories, you agree to pay the transaction amount, plus the 
       later than the date the Balance Transfer or Convenience Check is  applicable foreign transaction Fee. 
       posted to the Account or earlier than the first day of the billing cycle   
       for the Statement on which such transfer or check is shown.   Late Payment Fee 
    �  ON CASH ADVANCES: Interest Charges begin to accrue on the  For each payment not received by the payment due date, we may 
       date of the Cash Advance, provided such date will never be later  charge a fee (�Late Payment Fee�). The first time you are late making the 
       than the date the Cash Advance is posted to the Account or earlier  required minimum monthly payment (�Late Payment First Occurrence�), 
       than the first day of the billing cycle for the Statement on which such  a $29 Late Payment Fee may be imposed. After the Late Payment First 
       advance is shown.                      Occurrence, if you make a late payment at anytime during the next six 
    �  ON INSTALLMENT PLANS: No Interest Charges are applied to  billing cycles (�Late Payment Second Occurrence�), a $40 Late Payment 
       active Installment Plans.              Fee may be imposed. After the Late Payment Second Occurrence, any 
                                              subsequent late payment during the next six billing cycles will also incur 
    TOTAL INTEREST CHARGE COMPUTATION         a $40 Late Payment Fee. At no time will the Late Payment Fee exceed 
    We add Interest Charges for each type of balance (excluding active  the amount of the required minimum monthly payment. 
    Installment Plans) to obtain your total Interest Charge for each billing   
    cycle.                                    Overlimit Fee 
                                              In the event your balance exceeds your credit limit, no Fee will be 
    PENALTY RATE AND WHEN IT APPLIES          charged.  
    If at any time we have not received the required minimum monthly   
    payment within 60 days of the respective payment due date, we may  Other Fees 
    increase the applicable APR to a penalty APR (�Penalty Rate�). Please   
    see the ACCOUNT OPENING DISCLOSURE for information  Returned Payment Fee 
    regarding the Penalty Rate for your Account. The Account may be  No Fee will be charged for any check or other form of payment sent to us 
    eligible for your standard Daily Periodic Rates and corresponding APR  which is returned unpaid. 
    for each type of balance after you have met the terms of this Agreement   
    for six consecutive billing cycles after the monthly Statement on which  Returned Item Fee 
    the Penalty APR first appears. Otherwise, the Penalty Rate may apply  If we decline to honor a Convenience Check or when payment of a 
    indefinitely.                             Convenience Check is stopped at your request, we may charge a fee 
                                              (�Returned Item Fee�). The first time we decline to honor a Convenience 
    TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES  Check or when payment of a Convenience Check is stopped at your 
    If, during an Introductory or Promotional Rate period, we have not  request (�Returned Item First Occurrence�), a $29 Returned Item Fee 
    received the required minimum monthly payment within 60 days of the  may be imposed. After the Returned Item First Occurrence, if we decline 
    respective payment due date, we will increase the applicable APR to the  a Convenience Check or you request stop payment of a Convenience 
    Penalty APR. Introductory and/or Promotional Rates will not be  Check at anytime during the next six billing cycles (�Returned Item 
    reinstated.                               Second Occurrence�), a $40 Returned Item Fee may be imposed. After 
                                              the Returned Item Second Occurrence, any subsequent declined 
    TERMINATION OF INSTALLMENT PLAN           Convenience Check or stop payment of a Convenience Check during the 
    If, during a period when an active Installment Plan is associated with the  next six billing cycles will also incur a $40 Returned Item Fee. At no time 
    Account, we have not received the required minimum monthly payment  will the Returned Item Fee exceed the amount of the Convenience 
    within 60 days of the respective payment due date, we will cancel the  Check. 
    Installment Plan and will apply the Penalty APR. The Installment Plan   
    cannot be reinstated or recreated.        Convenience Checks and Document Copy Charges 
                                              Charges for Convenience Checks and requests for copies of sales 
    FEES                                      drafts, Statements or other documents related to your Account may be 
                                              billed on your Account as Purchases in accordance with the fee schedule 
    Transaction, Annual and Penalty Fees:     established by us from time to time. No charge will be made for copy 
    Please see the ACCOUNT OPENING DISCLOSURE for information  requests related to billing error resolution within 60 days of the disputed 
    regarding the specific Fees that may be charged to your Account. Your  transaction. 
    Installment Plan Fee will be displayed at the point of purchase as part of   
    your purchase confirmation or Convenience Check offer.  TOTAL FEE COMPUTATION 
                                              We add all Fees assessed to obtain your total Fees for each billing cycle 
    Minimum Interest Charge                   (excluding transaction Fees for Balance Transfers and/or Convenience 
    A minimum Interest Charge will be imposed in any billing cycle for which  Checks and Installment Plan Fees). We will assess Fees for Balance 
    an Interest Charge is payable and will appear on your Statement as a  Transfers and/or Convenience Checks to your Account in the same 
    Fee.                                      balance category to which the transaction is posted. Installment Plan 
                                              Fees will be charged monthly throughout the Installment Plan duration.  
    Balance Transfer Or Convenience Check Transaction Fee   
    You will be charged a transaction Fee, with a minimum and no  CANCELLATION 
    maximum, for each Balance Transfer and/or Convenience Check posted  To the extent permitted by law, Commerce Bank may cancel your 
    to your Account.                          Account, refuse to allow further transactions against your Account or 
                                              revoke your Card(s) at any time (whether or not you are in default of any 
    Non Overdraft Cash Advance Transaction Fee  part of this Agreement) including, without limitation, when any affiliation 
    You will be charged a transaction Fee, with a minimum and no  you may have with a sponsoring organization ceases or when any 
    maximum, for each Cash Advance posted to your Account.  agreement we may have with the sponsoring organization is terminated. 
                                              Cancellation of your Account will not affect your liability to us for credit 
    Overdraft Cash Advance Transaction Fee    we have extended to you, including amounts not yet billed to your 
    You will be charged a transaction Fee for each Cash Advance resulting  Account. We may cancel your Account without prior notice or liability. 
    from the overdraft protection.            You must surrender the Card(s), either upon a direct request by us, or 
                                              any other bank or merchant who is acting upon our instructions. 
    Installment Plan Fee                       
    You may be charged an Installment Plan Fee for each Installment Plan.  CONDITIONS OF DEFAULT 
    Each Installment Plan Fee will be disclosed prior to establishing the  We may consider you to be in default if we do not receive a required 
    Installment Plan and charged monthly throughout the Installment Plan  payment when due, including the minimum payment by the date shown 
    duration. The Installment Plan Fee will appear on your Statement.    on your Statement; you fail to comply with the terms of this Agreement; 
                                              you make any false or misleading statements or omissions on your 
    Annual Fee                                application; you file a bankruptcy petition or have one filed against you; 
    Your Account may have an Annual Fee that will be added annually to  we obtain information that causes us to believe that you may be unwilling 
    your Account. Please see the ACCOUNT OPENING DISCLOSURE for  or unable to pay your debts to us or to others on time including, but not 
    information regarding the specific fee, if any, for your Account.  limited to, your failure to make any payment to us on any other 
                                              indebtedness or loan; you are declared incompetent by a court or a court 
    The imposition or payment of an Annual Fee does not affect or limit our  appoints a guardian/conservator for you or your assets; or you die. 
    right to terminate this Agreement, cancel your Account, and demand   
    payment, in a manner permitted by law, of any amounts owed on your  If we consider your Account to be in default, we may close your account 
    Account.                                  without notice and require you to pay the balance in a manner permitted 
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    by law (subject to applicable law regarding notice or right to cure). To the  give to us, those from which you contact us or which we obtain through 
    extent permitted by law, if you are in default you will pay our collections  other means. Message and data rates may apply. 
    costs, attorneys� fees, court costs, and all other expenses of enforcing   
                                                    
    our rights under this Agreement.          Indemnification  
     
                                              If you provide telephone number(s) for which you are not the subscriber, 
    ALLOCATION OF PAYMENTS                    you understand that you shall indemnify us for any costs and expenses, 
    We will allocate your minimum payment in the manner we determine. If  including reasonable attorneys� fees, incurred as a result of us contacting 
    there are any active Installment Plans associated with the Account, we  or attempting to contact you at the number(s) provided. In the event any 
    will apply payment to the Installment Plan(s) first. We will then apply the  of your contact information changes, you agree to immediately notify us. 
    amount in excess of the minimum payment to balances with higher APRs   
    before balances with lower APRs and then to any Installment Plan  Communication Revocation  
    balance(s) in order of earliest Installment Plan expiration date.  If you do not want to receive communications as described in the 
                                              previous paragraph, you must: (i) provide us with written notice revoking 
    RECEIPT OF PAYMENTS                       your prior consent, (ii) in that written notice, you must include your name, 
    Payments received before 5 PM CT at the address shown on your  mailing address, and the last four digits of your Account number; (iii) 
    Statement on any of our regular Business Days will be posted as of the  advise whether you would like communications to cease via mail, voice 
    date of receipt. Payments made in person before the close of business to  calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if 
    an employee at a Commerce branch will be posted as of date of receipt.  you are requesting communications to cease via telephone number(s) 
    Payments mailed to the address shown or made in person at a branch  and/or email, please provide the specific phone number(s) and email 
    must be accompanied by the Account number or payment stub, and in  address; (v) you must send this written notice to: 
    the form of a check or money order in U. S. Dollars drawn on a U. S.   
    financial institution. Do not send cash through the mail. A delay in  Commerce Bank 
    crediting the payment to your Account may occur if the payment does not  Attention � Commerce Bank Customer Service 
    meet these requirements for making payments (conforming  P.O. Box 411036, Kansas City, MO 64141-1036 
    payments). In no case shall such delay exceed five days from receipt of   
    such payment.                             Telephone Conversation Recording  
                                              You consent and agree that our staff may monitor and/or record phone 
    The cutoff time for payments made on any of our regular Business Days  calls between you and our representatives without additional notice to 
    through Commerce as transfers from your Commerce deposit account  you, including but not limited to calls we make to service your account or 
    are as follows: Commerce ATM, 7:00 PM CT; Commerce Online  collect debt(s). 
    Banking, including Mobile Banking, 7:00 PM CT; Commerce Account   
    Information Line, 7:00 PM CT; Commerce Collections Department, 11:00  MILITARY LENDING ACT DISCLOSURE 
    PM CT. A payment made through Commerce Online Bill Pay will be  Federal law provides important protections to members of the Armed 
    posted on the Pay Date.                   Forces and their dependents relating to extensions of consumer credit. In 
                                              general, the cost of consumer credit to a member of the Armed Forces 
    Conforming payments received after the respective cutoff time will be  and his or her dependent may not exceed an annual percentage rate of 
    posted no later than the next Business Day. Payments made by a third- 36 percent. This rate must include, as applicable to the credit transaction 
    party payor, will be posted as of the date we receive the payment.  or account: The costs associated with credit insurance premiums; fees 
                                              for ancillary products sold in connection with the credit transaction; any 
    When the due date falls on a weekend or holiday, your payment due  application fee charged (other than certain application fees for specified 
    date will be on the next Business Day.    credit transactions or accounts); and any participation fee charged (other 
                                              than certain participation fees for a credit card account). You can call toll 
    We may accept late payments, partial payments or checks and money  free to 855-225-1576 to hear the applicable required Military Lending Act 
    orders (or accompanying written communication) containing a statement  disclosures. 
    to the effect that the instrument was tendered as �payment in full,� full   
    satisfaction of a disputed claim or other similar language without losing  MISCELLANEOUS PROVISIONS 
    any rights under this Agreement or under the law. All such payments or  You also agree that: 
    written communications must be mailed to: Commerce Bank, P.O. Box  �  We may refuse to extend credit to you or anyone using your 
    410857, Kansas City, MO 64141-1857.         Account or Card(s). 
                                              �  We will not be liable or responsible for anyone�s refusal to honor 
    CHANGE OF TERMS                             your Card(s). 
    Provided the Account is meeting the terms of this Agreement: (1) We will  �  Each Account you have with us is separate from any others you 
    not increase an introductory APR during any Introductory Rate period;  have with us, and Interest Charges will be charged on each 
    and (2) We will not increase any APR, Annual Fee or minimum Interest  Account�s balance at the APR given with each Agreement. Each 
    Charge for 12 months following account opening, except for increases  individual Account will be designated by an individual Account 
    due to the expiration of an Introductory or Promotional Rate period, if  number. 
    any; changes in the Prime Rate; completion or failure of a temporary  �  Your Card(s) are Commerce Bank property. 
    hardship arrangement; application of a Penalty Rate; or the end of  �  We may change the premium enhancements offered at any time 
    military service to which the provisions of the Servicemembers Civil  without further notice to you. 
    Relief Act (SCRA) apply (�Exceptions�). Otherwise, we may change the 
                                              �  Merchants with whom you�ve shared your Account number may be 
    terms of the Agreement at any time, after notice and the right to reject if 
                                                updated with new Account information to ensure the continuation of 
    required by law. Changes in any APR, other than the stated Exceptions, 
                                                your payment agreement. 
    Annual Fee or minimum Interest Charge will apply to new transactions 
                                              �  You will not use your Card(s) for any purpose that has been 
    created after the end of the 14th day following our providing notice to 
                                                deemed illegal. We reserve the right to deny authorization requests 
    you. If you reject a change, your Account will be cancelled and you will 
                                                from online gambling merchants, whether or not online gambling is 
    no longer be able to use the Account.  
                                                illegal in the state in which you reside. 
     
                                              �  Commerce Bank may share your Account experience and 
    Cancellation of your Account will not affect your liability to us for credit 
                                                transaction information with its Affiliates, which are members 
    we have extended to you, including amounts not yet billed to your 
                                                of the Commerce Family of Companies as defined in your 
    Account. 
                                                Privacy Statement. Unless you call 1-800-543-4845, you agree 
     
                                                that Commerce Bank and its Affiliates may also share other 
    ELECTRONIC RECORDS 
                                                information about you or your Account. 
    You agree that this document and all paper records related to your 
                                              �  You must notify us immediately at Commerce Bank, P.O. Box 
    Account and whether or not the other paper records were submitted, 
                                                411036, Kansas City, MO 64141-1036, if you believe any 
    received or obtained in advance of, contemporaneously with or 
                                                information we reported to a credit reporting agency is inaccurate. 
    subsequent to, the delivery of this document may, at the option of 
                                               
    Commerce Bank, be converted by any digital or electronic method or 
                                              SECURITY INTEREST 
    process to an electronic record or subsequently further converted or 
                                              Collateral securing other loans with us may also secure this 
    migrated to another electronic record format or electronic storage 
                                              indebtedness. 
    medium. You further agree that upon conversion to an electronic record 
                                               
    as authorized herein such electronic record shall be the record of the 
                                              CHANGES IN ADDRESS 
    transaction and the electronic record shall have the same legal force and 
                                              You agree to notify us immediately if you change your address. 
    effect as the paper documents from which it was converted. You waive 
                                               
    any legal requirement that any documents digitally or electronically 
                                              INTERPRETATION 
    converted be embodied, stored, or reproduced in a tangible media. You 
                                              The Agreement shall be governed by applicable federal law and 
    undersigned and agree that a printed or digitally reproduced copy of the 
                                              regulations. To the extent not preempted by applicable federal law, this 
    electronic record shall be given the same legal force and effect as a 
                                              Agreement shall be governed by the laws of the state of Missouri, but 
    signed writing. In addition, you authorize and agree to destruction of the 
                                              Commerce Bank will rely on the provisions of Nebraska law with respect 
    paper documents by Commerce Bank upon conversion of the paper 
                                              to the fees and charges (other than interest) that apply to your Account, 
    documents to a digital or electronic record. 
                                              as authorized by Missouri Revised Statutes Section 408.145.  
     
                                               
    COMMUNICATIONS CONSENT 
                                              Your Billing Rights: Keep this Document for Future Use 
    You expressly consent and agree that Commerce Bank and their 
                                              This notice tells you about your rights and our responsibilities 
    affiliates, agents, vendors, collections agencies, and service providers 
                                              under the Fair Credit Billing Act. 
    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 
                                              What To Do If You Find A Mistake On Your Statement 
    manual calling methods, live operator calls, prerecorded or artificial voice 
                                              If you think there is an error on your Statement, write to us at: 
    calls and messages, text messages, emails, and/or automatic telephone 
                                              Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036 
    dialing systems. You agree that Commerce Bank and their affiliates, 
                                              You may also send us this information via fax at 1-816-234-2811 
    agents, vendors, collections agencies, and service providers may contact 
                                               
    you by using any email address or any telephone number you provide, 
                                              In your letter, give us the following information: 
    now or in the future, including a number for a cellular phone or other 
                                                �  Account information: Your name and Account number. 
    wireless device, regardless of whether you incur charges as a result. 
                                                �  Dollar amount: The dollar amount of the suspected error. 
    Phone numbers and email addresses, you provide include those you 
      3 
     
       �  Description of problem: If you think there is an error on your  Agreement to Arbitrate 
         bill, describe what you believe is wrong and why you believe it  You and we agree that either of us may elect to resolve any Claims (as 
         is a mistake.                        defined below) through binding arbitration unless you opt out of the 
                                                    
    You must contact us:                      agreement to arbitrate as set forth below, or unless prohibited by law. If 
     
       �  Within 60 days after the error appeared on your Statement.  you or we elect to resolve a Claim through arbitration, neither you nor we 
       �  At least 3 Business Days before an automated payment is  will have the right to pursue such claim in court or have a jury decide the 
         scheduled, if you want to stop payment on the amount you  claim, nor will you or we have the right to bring or participate in any class 
         think is wrong.                      or other representative action in court or in arbitration.   
    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  What Claims are Subject to Arbitration?  As used in this section, the term 
    may have to pay the amount in question.   �Claim� has the broadest possible meaning and includes, but is not 
                                              limited to, any unresolved disagreement, controversy, dispute, or cause 
    What Will Happen After We Receive Your Letter  of action between you and us, whether preexisting, present or future, 
                                              arising out of, related to or concerning this Agreement, your Account, the 
    When we receive your letter, we must do two things:  services provided pursuant to this Agreement, optional features including 
                                                                SM     �
    1. Within 30 days of receiving your letter, we must tell you that we  but not limited to Special Connections  and toggle , any relationship 
    received your letter. We will also tell you if we have already corrected the  between you and us, or any advertisement or solicitation, whether such 
    error.                                    Claim is asserted or brought in a direct, derivative, assignee, survivor, 
    2. Within 90 days of receiving your letter, we must either correct the error  successor, beneficiary or personal capacity. Without limiting the 
    or explain to you why we believe the bill is correct.  foregoing, the term �Claim� also includes any unresolved disagreement, 
                                              controversy, dispute, or cause of action between you and us arising out 
    While we investigate whether or not there has been an error:  of, related to or concerning any fees or charges relating to any 
       �  We cannot try to collect the amount in question or report you  Account(s), and any services relating to any Account(s), optional 
                                                                         SM     �
         as delinquent on that amount.        features including but not limited to Special Connections  and toggle , 
       �  The charge in question may remain on your Statement, and  on-line or telephone banking services, communication methods and 
         we may continue to charge you interest on that amount.  practices we may use to service your Account, and ATM services.  It also 
                                              includes any disputes you have with our agents, contractors, employees, 
       �  While you do not have to pay the amount in question, you are 
                                              officers or assignees, any merchants with whom you use the Account, 
         responsible for the remainder of your balance. 
                                              any credit reporting agencies to whom we report the Account or any 
       �  We can apply any unpaid amount against your credit limit. 
                                              other third party that has been involved or becomes involved with, or 
    After we finish our investigation, one of two things will happen: 
                                              whose trademarks are used in connection with, any purchasing, 
       �  If we made a mistake: You will not have to pay the amount in 
                                              marketing, soliciting, servicing or credit reporting activity relating to your 
         question, or any Interest Charges or other Fees related to that 
                                              Account.  The Claims covered by this agreement to arbitrate include, 
         amount. 
                                              without limitation:  
       �  If we do not believe there was a mistake: You will have to pay 
                                               
         the amount in question, along with applicable Interest Charges 
                                                �  Any disputes regarding: the application you prepared in 
         and Fees. We will send you a Statement of the amount you 
                                                   connection with the issuance of your Account; any solicitation 
         owe and the date payment is due. We may then report you as 
                                                   or advertising materials you received in connection with your 
         delinquent if you do not pay the amount we think you owe. 
                                                   Account; any activities relating to the maintenance or servicing 
     
                                                   of your Account; and any funds held by the Bank in connection 
    If you receive our explanation but still believe your bill is wrong, you must 
                                                   with your Account;  
    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 
                                                �  Any disputes arising from the collection of amounts you owe in 
    are questioning your bill. We must tell you the name of anyone to whom 
                                                   connection with your Account or the manner of collection;  
    we reported you as delinquent, and we must let those organizations 
                                               
    know when the matter has been settled between us. 
                                                �  Any disputes concerning the dollar amount of payments made 
     
                                                   or transactions posted to your Account;  
    If we do not follow all of the rules above, you do not have to pay the first 
                                               
    $50 of the amount you question even if your bill is correct. 
                                                �  Any disputes concerning the processing of items or funds 
    Your Rights If You Are Dissatisfied With Your Credit Card  transfers sent to the Bank for the purpose of posting to your 
    Purchases                                      Account;  
    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  �  Any disputes regarding information obtained by us from, or 
    correct the problem with the merchant, you may have the right not to pay  reported by us to, credit bureaus or others;  
    the remaining amount due on the Purchase.   
                                                �  Any disputes related to insurance or other services or products 
    To use this right, all of the following must be true:  purchased from us in connection with your Account; 
                                               
      1. The Purchase must have been made in your home state or within  �  Any disputes regarding communications involving telephones, 
      100 miles of your current mailing address, and the purchase price  automatic dialing systems, artificial or prerecorded voice 
      must have been more than $50. (Note: Neither of these are  messages, SMS text messages or facsimile machines; and 
      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  �  Any disputes concerning the relationships resulting from this 
      services.)                                   Agreement, your Account or any of the foregoing. 
      2. You must have used your credit card for the Purchase. Purchases   
      made with Cash Advances from an ATM or with a check that  The term �Claim� includes claims of every kind and nature, including but 
      accesses your credit card Account do not qualify.  not limited to, initial claims, counterclaims, cross-claims and third-party 
      3. You must not yet have fully paid for the Purchase.  claims and claims based upon contract, tort, fraud and other intentional 
                                              torts, statutes, regulations, common law and equity.  For purposes of this 
    If all of the criteria above are met and you are still dissatisfied with the  section, �we,� �us,� and �our� includes Commerce Bank, any corporate 
    Purchase, contact us in writing at:       parent, subsidiaries, affiliates, employees, officers, directors, agents, 
                                              controlling persons and representatives, as well as any person or entity 
    Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036  who provides any services in connection with this Agreement or who is 
                                              named as a co-defendant with us in a Claim asserted by you. 
    While we investigate, the same rules apply to the disputed amount as   
    discussed above. After we finish our investigation, we will tell you our  What Disputes are Not Subject to Arbitration?  Notwithstanding any other 
    decision. At that point, if we think you owe an amount and you do not  language herein, the term �Claim� shall not include any dispute or 
    pay, we may report you as delinquent.     controversy regarding the validity, enforceability, coverage or scope of 
                                              this agreement to arbitrate or any part thereof, including, without 
    LIABILITY FOR UNAUTHORIZED USE            limitation, the �Waiver of Jury Trial and Class or Representative Action� 
    If your name appears on the Account for the Card(s) accompanying this  provision set forth below, subsections A and B of the �Survival and 
    Agreement, then by using or permitting another to use the Card(s) and/or  Severance� provision set forth below and this sentence; all such disputes 
    PIN, you agree to all the provisions of this Agreement, including, but not  are for a court and not the arbitrator to decide.  In addition, claims filed 
    limited to your promise to pay. You will not be liable for unauthorized use  by you or us individually in small claims court, so long as any such claim 
    that occurs after you notify Commerce Bank orally or in writing.  remains in that court and advances only an individual claim for relief, are 
    Notification of loss, theft or possible unauthorized use may be mailed to  not subject to arbitration.  However, if a claim is transferred, removed or 
    Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or  appealed to a different court, you or we will then have the right to 
    you may call 1-800-645-2103.              demand arbitration of such claim. Other claims, disputes, controversies 
                                              or issues not subject to arbitration are set forth in the section titled 
    DISPUTE RESOLUTION � ARBITRATION          �Rights Preserved.� 
                                               
    PLEASE READ THIS SECTION CAREFULLY.  IT PROVIDES THAT,  How Does Arbitration Work?  The arbitration shall be administered by the 
    WITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO  American Arbitration Association (�AAA�), pursuant to its Consumer 
    RESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING  Arbitration Rules (collectively, �Rules�) in effect at the time a demand for 
    ARBITRATION. IF ARBITRATION IS ELECTED, YOU AND WE WAIVE  arbitration is filed. The Rules are available online at www.adr.org, or you 
    THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A  may contact the AAA at 120 Broadway, Floor 21, New York, N.Y 10271.  
    PUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING  If the AAA is unable to serve and you and we cannot agree on a 
    OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR  replacement, a court with jurisdiction will select the arbitrator. If there is a 
    PROCEEDING.                               conflict between the Rules and this agreement to arbitrate, or between 
                                              this agreement to arbitrate and the Agreement, this agreement to 
    YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO  arbitrate shall control.  Pursuant to the Rules, the AAA will select a single 
    ARBITRATE AS SET FORTH BELOW.             arbitrator who shall have expertise in the substantive laws applicable to 
                                              the Claim�s subject matter. If the value of relief sought is $10,000 or less, 
                                              you or we may elect to have the arbitration conducted by telephone or 
      4 
     
    based solely on the submission of written documents, unless the Rules  persons or entities who wish to reject this agreement to arbitrate to 
    or arbitrator requires an in-person proceeding. If the value of the relief  personally comply with the notice and time requirements of this opt-out 
    sought is more than $10,000, or an in-person proceeding is required, the  provision. The agreement to arbitrate is the only section of this 
                                                    
    arbitration proceeding shall be conducted in the same city as the U.S.  Agreement that you can opt out of. 
     
    District Court closest to your home address, unless the parties mutually   
    agree upon a different location in writing. Either party may, at its sole  Waiver of Jury Trial and Class or Representative Action.  UNLESS YOU 
    cost and discretion, choose to be represented by an attorney at any  REJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE 
    arbitration proceeding.                   WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT 
                                              IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE 
    The arbitrator may award any damages or other relief provided for under  THE RIGHT TO (i) PARTICIPATE IN A CLASS ACTION IN COURT OR 
    applicable law as if an individual action were brought in court, including,  IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR 
    without limitation, punitive damages (which shall be governed by the  CLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR 
    Constitutional standards employed by the courts) and injunctive,  IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE 
    equitable and declaratory relief (but only in favor of the individual party  GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN 
    seeking relief and only to the extent necessary to provide relief  COURT OR IN ARBITRATION OR (iii) HAVE A COURT OR A JURY 
    warranted by that party�s individual claim). If we made a written offer to  RESOLVE THE CLAIM.   MOREOVER, UNLESS MUTUALLY AGREED 
    you to settle your Claim prior to an arbitrator being selected, and the  UPON IN WRITING BY ALL PARTIES, CLAIMS MAY NOT BE 
    arbitrator awards you an amount greater than our last offer, if any, we will  JOINED, CONSOLIDATED, OR OTHERWISE COMBINED WHETHER 
    (i) pay you the arbitrator�s award or $5,000, whichever is greater, and (ii)  OR NOT ANY SUCH COMBINATION OCCURRED AS A RESULT OF 
    pay your reasonable attorney, witness and expert fees and costs, if any.  AN ASSIGNMENT. 
    Judgment on the arbitrator�s award is final and binding and may be   
    entered in any court of competent jurisdiction.  Rights Preserved.  In addition to subjects excluded from arbitration in 
                                              accordance with the provision titled �Which Disputes are Not Subject to 
    The arbitrator, you and we will not disclose the existence, content or  Arbitration?� this agreement to arbitrate does not prohibit you or us, at 
    outcome of any arbitration proceeding; provided, however, that  any time, from (a) exercising any lawful rights to preserve or obtain 
    disclosures required by applicable law or regulation shall not be subject  possession of property or self-help remedies, including but not limited to, 
    to such restriction.  The foregoing sentence does not prohibit any party  the right to set-off, the right to restrain funds in a deposit account, 
    from, in good faith, investigating a claim or defense, including  recoupment, repossession, replevin or trustee�s sales;  (b)  obtaining 
    interviewing witnesses or otherwise engaging in discovery as permitted  provisional or ancillary remedies or injunctive relief (other than a stay of 
    by the Rules. No arbitration award involving the parties will have any  arbitration), including but not limited to attachment, garnishment, 
    preclusive effect as to issues or claims in any dispute involving anyone  interpleader or the appointment of a receiver by a court of appropriate 
    who is not a party to the arbitration, nor will an arbitration award in prior  jurisdiction; or (c) bringing an individual action in court that is limited to 
    disputes involving other parties have preclusive effect in an arbitration  preventing the other party from using a self-help or non-judicial remedy 
    between the parties to this agreement to arbitrate.   and that does not involve a request for damages or monetary relief of 
                                              any kind.  
    How is Arbitration Initiated? If you or we elect to arbitrate a Claim, the   
    party electing arbitration must notify the other party in writing. This notice  Conflict, Survival and Severance.  In the event of any conflict or 
    can be given after the beginning of a lawsuit and can be given in papers  inconsistency between this agreement to arbitrate and other provisions 
    filed in the lawsuit (for example, a motion by the defendant to compel  of this Agreement or the Rules, this agreement to arbitrate will govern. 
    arbitration of claims asserted by the plaintiff in a lawsuit filed in court).  This agreement to arbitrate shall survive any termination of or changes to 
    Otherwise, your notice must be sent to Commerce Bank, Attn: ADR  any of your Account subject to this Agreement; the transfer or 
    Notice, P.O. Box 413037, Kansas City, MO 64141-3037, and our notice  assignment of any of the foregoing; and the bankruptcy of any party to 
    will be sent to the most recent address for you in our files. If a party files  the extent permitted by law. If any term or provision of this agreement to 
    a lawsuit in court asserting Claim(s) that are subject to arbitration and the  arbitrate is held to be unenforceable, prohibited or invalid, the remaining 
    other party files a motion to compel arbitration with the court which is  provisions shall be enforced without regard to such illegal or 
    granted, it will be the responsibility of the party asserting the Claim(s) to  unenforceable term or provision, except that: 
    start the arbitration proceeding in accordance with the Rules.    
                                                   (A) if any provision of this agreement to arbitrate regarding 
    Who Pays for Arbitration?  Except as otherwise provided herein, we will  class action, class arbitration, private attorney general action, other 
    pay the filing, administration and arbitrator fees charged by the AAA for  representative action, joinder, or consolidation is determined by an 
    any arbitration initiated in accordance with this agreement to arbitrate. If  authority of competent jurisdiction to be unenforceable or illegal, such 
    you pay any initial filing fee, we will reimburse you. If you cannot afford to  provision shall not be severable and this agreement to arbitrate between 
    pay any initial filing fees, we will pay them for you. We will pay any fees  you and us (except for this sentence) shall be null and void, provided that 
    or expenses that we are required to pay by law or the Rules or that we  such determination of unenforceability or illegality shall be subject to 
    are required to pay for this agreement to arbitrate to be enforced.   appeal. The parties acknowledge and agree that under no circumstances 
                                              will a class action, private attorney general action or other representative 
    The arbitrator will have the authority to award fees and costs of  action be arbitrated; and  
    attorneys, witnesses and experts to the extent permitted by the Rules,   
    this agreement to arbitrate, the Agreement, or applicable law. We will not    (B) if a Claim is brought seeking public injunctive relief and a 
    seek to recover from you any fees or expenses we pay on your behalf, or  court determines that the restrictions in the �Waiver of Jury Trial and 
    any attorney, witness or expert fees or other costs or expenses we incur  Class or Representative Action� provision or elsewhere in this agreement 
    in defending an individual arbitration commenced by you.  to arbitrate prohibiting the arbitrator from awarding relief on behalf of 
    Notwithstanding the foregoing, if the arbitrator finds that a Claim is  third parties are unenforceable with respect to such Claim (and that 
    frivolous or brought in bad faith or for an improper purpose, then the  determination becomes final after all appeals have been exhausted), the 
    payment of all fees, costs and expenses shall be determined by the  Claim for public injunctive relief will be determined in court and any 
    Rules.                                    individual Claims seeking monetary relief will be arbitrated.  In such a 
                                              case the parties will request that the court stay the Claim for public 
    What Law is Applicable?  You and we agree that our relationship  injunctive relief until the arbitration award pertaining to individual relief 
    includes transactions involving interstate commerce and that this  has been entered in court.  In no event will a Claim for public injunctive 
    agreement to arbitrate and any arbitration rule, proceeding and award  relief be arbitrated.  
    pursuant to the terms hereof, are governed by and enforceable pursuant   
    to the provisions of the Federal Arbitration Act (�FAA�) (9 U.S.C. � 1, et  DISPUTE RESOLUTION - JURY TRIAL WAIVER 
    seq.).  Notwithstanding anything to the contrary in the Agreement, to the  You and we agree that in the event that any Claim or dispute between us 
    extent that state law is applicable, including with respect to the  is not arbitrated but instead is resolved in court, you and we knowingly 
    interpretation and enforcement of this agreement to arbitrate, Missouri  and voluntarily waive the right to a jury trial to the full extent permitted by 
    law shall apply to the extent consistent with the FAA.  The arbitrator shall  applicable law. 
    decide the claim in accordance with applicable substantive law and the  __________________________________________ 
    terms of this Agreement, and shall apply all statutes of limitation and   
    honor attorney-client and other privileges.    If you have any questions regarding this Agreement, or our current fee 
                                              schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas 
    How do I Opt Out of the Agreement to Arbitrate?  If you do not accept  City, MO 64141-1036, or call us at 1-800-645-2103. 
    this agreement to arbitrate, you may reject it (�opt out�). If you opt out,   
    neither you, nor we, will be subject to the requirement to resolve any  (Effective 2/26/2020) 
    claim by arbitration or any other provision of this section.     
                                               
    To opt out, you must send us written notice of your decision to reject this   
    agreement to arbitrate to the address set forth below. We must receive   
    your written notice by the later of: (i) May 1, 2020 or (ii) thirty (30) days   
    after we sent you this Agreement via US Mail, through electronic   
    disclosure, provided it to you in person, or by other reasonable delivery   
    method. Your written opt out notice must: (a) include a signed statement   
    that you reject the agreement to arbitrate set forth in this Agreement; (b)   
    include your name, address 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 City, MO 64141-  
    4220.                                      
                                               
    This is the only way you can reject this agreement to arbitrate. If you opt   
    out, it will not affect any other terms of this Agreement, and it will not   
    adversely affect your Account or any relationship between you and us.    
    Your rejection of this agreement to arbitrate shall not be imputed to any   
    other person or entity or be deemed to be a rejection of this agreement   
    to arbitrate by any person or entity other than you.  Nor shall your   
    rejection of this agreement to arbitrate eliminate the obligation of other   
      5 
     
                                               
                                                     OPTIONAL FEATURES 
                                               
                                                    
                                               
     
    Commerce Bank credit cards may come with optional credit card  transfer funds between, or learn the balances in your checking, regular 
                             SM    � payment features, including Special Connections  and toggle . The  savings or money-market accounts; (ii) use funds from your checking, 
               SM    � Special Connections and toggle  features are offered at the sole  regular savings, and money-market accounts to make payments on your 
    discretion of Commerce Bank (�Commerce�) to Accountholders (�You� or  Commerce credit cards, lines of credit or loans or (iii) take cash 
    �Your�) that have Qualified Commerce Bank Credit Card Accounts. A  advances on your Commerce credit cards.  
    �Qualified Commerce Credit Card Account� means any open Account   
    that is not designated by Commerce as lost, stolen, fraud transferred,  The account(s) you designate for ATM accessibility will be considered 
                                                          SM credit revoked, closed, bankrupt, charged off, or in Consumer Credit  your Special Connections  Feature at the ATM account(s) (each, an 
    Counseling or recovery. By using these optional features, you  �ATM Account�). If you wish to designate one or more checking accounts 
    acknowledge that you have read and accepted the Commerce Bank  as an ATM Account, then you must designate one of those checking 
               SM                    SM  Special Connections  terms and conditions (�Special Connections accounts as your Point of Sale Account as defined below. In order to 
                                � Terms and Conditions�) and the Commerce Bank toggle  terms and  have ATM access to your checking accounts, you must at all times 
              � conditions (�toggle  Terms and Conditions�) which shall govern your use  maintain a Point of Sale Account. If you no longer have a Point of Sale 
    of and rights under these optional features.  Account, then you will lose ATM access to all of your checking accounts.  
                                               
                 SM                � The Special Connections  Terms and Conditions and toggle  Terms  Commerce has no control over the functionalities offered at non-
    and Conditions are a separate agreement and are not part of your  Commerce ATMs. Some or all of these features may not be available at 
    Agreement.                                all non-Commerce ATMs and some ATMs may allow you to perform 
                                              other functions not mentioned here, including the ability to make 
                  SM SPECIAL CONNECTIONS  FEATURE  purchases (e.g. stamps). If at any time you use a non-Commerce ATM to 
                        SM With this feature (�Special Connections  Feature�), and as permitted  request to take money from an account that you do not have or if the 
    from time to time, you may use your Card to access Commerce Bank  non-Commerce ATM does not prompt you to select a specific account 
               SM Special Connections  Feature-eligible deposit accounts, credit cards,  from which to take the money, then you agree that Commerce will 
                                       SM lines of credit, and/or loans. You may request the Special Connections   attempt to comply with your request by providing you with money from 
    Feature from a Commerce Bank branch, through Commerce Bank  one of your open ATM Accounts. Cash withdrawals may be taken from 
    Online Banking, or from our Customer Service Department at 1-800-645- any open deposit ATM Account owned by you and cash advances may 
    2103. These features are not automatically activated.  be taken from any credit card ATM Account owned by you. 
                                               
                         �  �       � For customers with a Special Connections  Visa  or Mastercard  credit  Point of Sale Transaction 
                          SM card, please note: The Special Connections  Feature is different from a  You may designate one (1) checking account as your Special 
                       �                            SM Commerce Bank Special Connections  Visa or Mastercard credit card.  Connections  Feature at the point of sale account (�Point of Sale 
                 SM The Special Connections  Feature allows you to add certain  Account�). At merchants that have agreed to accept the Card on 
                                                                           SM functionality to any Commerce Bank-issued credit card, including  networks utilized by us and support the Special Connections  Feature, 
                        � Commerce Bank�s Special Connections  Visa or Mastercard credit card.  you can use funds in your Point of Sale Account to pay for your 
                      � However, your Special Connections  Visa or Mastercard credit card is  purchases. The use of your Card in this manner constitutes a 
                                SM not automatically enabled with the Special Connections  Feature. You  simultaneous withdrawal from and/or demand upon your checking 
    must proactively enroll any credit card, including your Special  account, even though the transaction may not actually be posted to your 
           � Connections  Visa or Mastercard credit card, in the Special  account until a later date. Merchants decide how to interact with the 
           SM                                           SM Connections  Feature in order for that card to utilize the Special  Special Connections  Feature and the experience may vary. 
           SM Connections  Feature�s capabilities described herein.   
                                              Only Commerce checking accounts are eligible for this functionality and 
    ELECTRONIC FUND TRANSFERS                 only one (1) Commerce Bank checking account can be designated as 
    The following provisions apply only to electronic fund transfers (�EFTs�).  the Point of Sale Account at any one time. Your Point of Sale Account 
    EFTs are any transfer of funds initiated with your Card(s) at an ATM or  shall always remain as an ATM Account. If at any time you instruct 
    as a debit transaction at Point of Sale. We can cancel these services at  Commerce to remove the Point of Sale capabilities from your card, you 
    any time and for any reason without notice. We can also cancel your  will no longer have access to any of your checking accounts at the ATM.  
    entire Account, including credit card services, and revoke your Card(s)   
    as provided in the CANCELLATION paragraph above. This may be done  ATM and Point of Sale transactions will post to your checking account(s) 
    by an ATM or merchant not returning your Card(s) to you. We may  as detailed in your Deposit Agreement.  
    change the terms of this Agreement relating to EFTs without notice to   
    you unless required by law.               Foreign Transaction 
                                              For transactions occurring outside of the United States, the nature of 
     
                                              which is unspecified to us, we will apply the transaction to accounts in 
    TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT 
                                              the following order: checking, money-market, regular savings, 
    OF UNAUTHORIZED TRANSFER 
                                              Commerce Visa or Commerce Mastercard. 
    Tell us AT ONCE if you believe your card has been lost or stolen, or if 
    you believe that an electronic fund transfer has been made without your   
    permission using information from your check. Telephoning is the best  Limitation on Frequency of Transfers. There are no limitations on the 
    way of keeping your possible losses down. You could lose all the money  number of transfers that can be made during any time period to or from 
    in your account plus your maximum overdraft line of credit. If you tell us  any deposit account, except as provided by federal regulations limiting 
    within 2 business days after you learn of the loss or theft of your card,  preauthorized transfers. By federal regulation, you are limited during any 
    you can lose no more than $50 if someone used your card without your  statement cycle to six preauthorized transfers (three of which may be by 
    permission.                               check, draft or similar order if the account is a money market-type 
                                              account). 
    If you do NOT tell us within 2 business days after you learn of the loss or   
    theft of your card, and we can prove we could have stopped someone  Limitation on Dollar Amount of Transfers. The balance available for 
    from using your card without your permission if you had told us, you  authorizing purchases and cash withdrawals is the lesser of 1) your 
    could lose as much as $500.               available deposit account balance, plus any credit available through an 
                                              overdraft protection line of credit or through any overdraft authorized by 
    Also, if your statement shows transfers that you did not make, including  us in our sole discretion, OR 2) daily dollar limitations. For cash 
    those made by card, code or other means, tell us at once. If you do not  advances against a Commerce Bank credit card, you may withdraw cash 
    tell us within 60 days after the statement was mailed to you, you may not  up to the lesser of your credit line or daily dollar limitations. In addition, 
    get back any money you lost after the 60 days if we can prove that we  daily withdrawal frequency limitations may apply to cash advances. 
    could have stopped someone from taking the money if you had told us in  Dollar limitations may differ at ATMs other than ours. 
    time. If a good reason (such as a long trip or a hospital stay) kept you   
    from telling us, we will extend the time period. By permitting another  Online Gambling. You agree that you will not use your card for any 
    person to use the card, you authorize and are fully liable for any  purpose that has been deemed illegal. We reserve the right to deny 
    transactions that person initiates until that person�s authority is ended.  authorization requests from online gambling merchants, whether or not 
    You may only end that person�s authority by notifying us.   online gambling is illegal in the state in which you use your card. 
                                               
    If you believe your card has been lost or stolen, or that someone has  Reservations and Merchant Authorization. Under certain 
    transferred or may transfer money from your account without your  circumstances, a merchant (e.g., hotel) may require the use of a card to 
    permission, call us at 1-800-617-7480 or write to us at Commerce Bank,  guarantee reservations that may result in a hold on the available funds in 
    PO Box 411036, Kansas City, MO 64141-1036. You should also call the  the account. If you cancel any guaranteed reservation made using the 
    number or write to the address listed above if you believe a transfer has  card, you must obtain a cancellation number. If you fail to do so, the hold 
    been made using the information from your check without your  placed for the guaranteed reservation will not be canceled and the 
    permission.                               amount will be held against the balance in the account. This may limit 
                                              your future transactions. Further, if the merchant subsequently charges 
    TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS  the amount of the guaranteed reservation to the account, we will not be 
    Account Access. The following EFTs are only available if you request  obligated to re-credit the account if you fail to obtain a cancellation 
                 SM the Special Connections  Feature. Depending on the type of accounts  number. In addition, authorizations issued for card transactions must be 
    that Commerce determines from time-to-time are eligible for the Special  canceled when you initiate a card transaction and subsequently use 
           SM Connections  Feature as well as which of your accounts you choose to   another form of payment for the transaction such as a credit card or 
                       SM access using the Special Connections  Feature, you may use your Card  cash, since failure to have the authorization canceled may also result in 
    to perform the following functions where otherwise permitted:   a hold on funds in the account and limit your future transactions. 
                                               
    ATM Transaction                           POINT OF SALE TRANSACTIONS 
    At the ATM, insert your Card and enter the credit card PIN that you  SM The use of your card with the Special Connections  Feature to 
    established for this Card to (i) withdraw cash from, deposit money in,   purchase goods and services constitutes a simultaneous withdrawal from 
                                              and/or demand upon your checking account, even though the transaction 
                                              may not actually be posted to your account until a later date. Any person 
      6 
     
    or merchant honoring your card may be required to obtain approval or  �  If the ATM where you are making the transfer does not have 
    authorization for any transaction. When we approve a non-PIN  enough cash.  
    transaction (which may or may not require your signature), we may  �  If the terminal or system was not working properly and you knew     
    immediately reduce the available balance in your checking account by  about the breakdown when you started the transaction.  
     
    the authorization amount requested by the merchant even though we  �  If circumstances beyond our control (such as flood or fire) prevent 
    have not received the transaction electronically for payment, which may  the transfer, despite reasonable precautions that we have taken.  
    differ from the final posted amount.      �  There may be other exceptions stated in our Agreement with you.  
                                               
    This authorization amount will not be available until our receipt of the  ERROR RESOLUTION PROCEDURES 
    transaction OR no more than three business days after the transaction  In case(s) of errors or questions about your EFTs, telephone us at 1-800-
    date, whichever first occurs. If funds are not available for checks, other  617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City, 
    items or debits, you may be subject to overdraft or insufficient funds fees.  MO 64141-1036 as soon as you can, if you think your statement or 
    Transactions with your card will be posted to your account in the order  receipt is wrong, or if you need more information about a transfer listed 
    and with the same legal effect as checks or other debits drawn on your  on the statement or receipt. We must hear from you no later than 60 
    account. You may use your card only in the manner and for the purposes  days after we sent the FIRST deposit statement on which the problem or 
    authorized by this Agreement. We may recognize a transaction even if  error appeared.  
    we have not authorized it, but that does not mean we will authorize the  �  Tell us your name and account number.  
    same type of transaction again. You do not have the right to stop 
                                              �  Tell us the name of the merchant, the transaction date and the 
    payment on any transaction originated by use of your card with the 
                                                dollar amount of the suspected error.   SM Special Connections  Feature, except recurring preauthorized transfers 
                                              �  Describe the error or the transfer you are unsure about, and explain 
    as described in this Agreement.  
                                                as clearly as you can why you believe it is an error or why you need 
     
                                                more information.  
    Overdrafts. You are responsible for all authorized transactions initiated 
                             SM               �  Tell us if you have already attempted to resolve the issue directly 
    by use of your card with the Special Connections  Feature. If a negative 
                                                with the merchant.  
    balance (overdraft) in your checking account results from the use of the 
                     SM                       �  If you tell us orally, we may require that you send your complaint or 
    card with the Special Connections  Feature, you will pay us on demand 
                                                question in writing within 10 business days.  
    this negative balance and our then current charge for overdrafts. If you 
                                               
    have an overdraft line of credit (Checking Plus) for an account, you are 
                                              We will determine whether an error occurred within 10 business days 
    bound by the rules and regulations that apply to that credit privilege 
                                              after we hear from you and will correct any error promptly. If we need 
    (Overdraft Protection). In addition, if your checking account is closed 
                                              more time, however, we may take up to 45 calendar days to investigate 
    before transactions are posted, you will pay us on demand the 
                                              your complaint or question. If we decide to do this, we will credit your 
    outstanding amount. 
                                              deposit account within 10 business days for the amount you think is in 
     
                                              error so that you will have the use of the money during the time it takes 
    FEES 
                                              us to complete our investigation. If we ask you to put your complaint or 
    Fees for all EFT services are disclosed in our fee schedule. You will 
                                              question in writing and we do not receive it within 10 business days, we 
    receive a fee schedule at account opening. You may request a copy of 
                                              may not credit your deposit account.  
    our current fee schedule at any Commerce branch or by contacting 1-
                                               
    800-453-2265. When you use an ATM not owned by us you may be 
                                              For errors involving new accounts, point-of-sale, or foreign-initiated 
    charged a fee by the ATM operator (or any network used) for a 
                                              transactions, we may take up to 90 days to investigate your complaint or 
    transaction or for a balance inquiry even if you do not complete a fund 
                                              question. For new accounts, we may take up to 20 business days to 
    transfer. 
                                              credit your account for the amount you think is in error.  
     
                                               
    RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS 
                                              We will tell you the results within three business days after completing 
     
                                              our investigation. If we decide that there was no error, we will send you a 
    Terminal Receipts. You will get a receipt at the time you make any 
                                              written explanation. You may ask for copies of documents that we used 
    transfer to or from your deposit account using an ATM or electronic POS 
                                              in our investigation. 
    terminal.  
                                               
                                                  � TOGGLE  FEATURE 
    Preauthorized Credits. If you have arranged to have direct deposits  � Commerce may add toggle  to any Qualified Commerce Visa or 
    made to your deposit account at least once every 60 days from the same 
                                              Mastercard Credit Card Account.  
    person or company, you can call us at 1-800-746-8704 to find out 
                                               
    whether or not the deposit has been made.  
                                              DEMAND DEPOSIT ACCOUNT 
     
                                              You may link up to two (2) demand deposit accounts (each a �DDA�) to 
    Periodic Statement. You will get a monthly deposit statement if you          � Your Qualified Commerce Credit Card Account for the use of the toggle  
    have a deposit account upon which checks or drafts may be drawn. You 
                                              payment feature. 
    will get a monthly deposit statement on your regular savings account if 
                                               
    there are electronic transfers during the month. In any case, you will get 
                                              If You link a Commerce DDA to Your Account, that DDA must be an 
    a regular savings deposit statement quarterly. 
                                              open checking account. You must have an ownership relationship to that 
     
                                              DDA in order to link it to Your credit card Account. Any person using the 
    DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES 
                                              Account and/or related Card(s) with the expressed or implied permission 
    We will disclose information to third parties about your account or the 
                                              of any of the applicants (�Authorized Users�) will have access to the 
    transfers you make:  
                                              linked DDA through the use of Your Account.  
    �  Where it is necessary for completing transfers. Merchants with 
                                               
       whom you�ve shared your account number may be updated with 
                                              Any DDA that has been designated by Commerce as having a 
       new account information to ensure the continuation of your payment 
                                              garnishment, a closed-to-posting restriction, or has been forced to close 
       agreement.  
                                              by Commerce, will not be eligible to link to Your Account for the purpose 
    �  In order to verify the existence and condition of your account for a  � of the toggle  payment feature. Small Business banking accounts will not 
       third party, such as a consumer reporting agency or merchant.        �  be eligible to link to Your Account for the purpose of the toggle payment 
    �  In order to comply with government agency or court orders.  
                                              feature.  
    �  If you give us your permission.         
    �  In accordance with our current Privacy Policy Notice.   If You link a non-Commerce DDA to Your Account, You must provide 
                                              Commerce with the account number and the routing information for that 
    RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND  financial institution. Certain transaction restrictions may apply to such 
    PROCEDURES FOR DOING SO; RIGHT TO RECEIVE NOTICE OF  non-Commerce DDAs. Please refer to such bank�s terms and conditions 
    VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP  of Your DDA for applicable fees, restrictions and/or limitations of Your 
    PAYMENT                                   DDA.  
    If you have told us in advance to make regular payments out of your   
    deposit account, you can stop any of these payments. Here�s how: Call  PAYMENT PREFERENCES 
    us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,  �Payment Preferences� means the selection of a category, setting and/or 
    Kansas City, MO 64141-1036 in time for us to receive your request three  amount you choose to determine if a credit card purchase is to be paid 
    business days or more before the payment is scheduled to be made. If  for from your linked DDA or if it is to remain a part of your credit card 
    you call, we may also require you to put your request in writing and get it  balance.  
    to us within 14 days after your call.      
                                                   � PAY NOW   
    Notice of Varying Amounts. If these regular payments may vary in  � �Pay Now � means a credit card purchase that will be automatically paid 
    amount, the person you are going to pay will tell you, 10 days before  for from Your DDA according to Your Payment Preferences. Any 
    each payment, when it will be made and how much it will be. You may  purchase made by You or an Authorized User with Your Account, will be 
    choose to get this notice only when the payment would differ by more  paid for from the DDA that has been linked to Your Account, and in 
    than a certain amount from the previous payment, or when the amount  accordance with the Payment Preferences that have been selected by 
    would fall outside certain limits that you set.   the applicants of the Account. 
                                               
    Liability for Failure to Stop Payment of Preauthorized Transfers. If  � When a toggle  credit is posted to your Account, we reserve the right to 
    you order us to stop one of these payments three business days or more     � place a temporary hold on the available credit created by the toggle  
    before the transfer is scheduled, and we do not do so, we will be liable  �
                                              credit. toggle  does not, nor is it intended to, shorten the time frame in 
    for your losses or damages.               which your available credit is replenished after a payment to your 
                                              Account. 
    Our Liability for Failure to Make Transfers. If we do not complete a   
    transfer to or from your deposit account on time or in the correct amount  Purchases may take 1-2 business days to post to Your Account following 
    according to our Agreement with you, we will be liable for your losses or  the date of Purchase. After the Purchase has posted to Your Account, an 
    damages. However, there are some exceptions. We will not be liable, for  ACH may take 1-2 business days to appear as a debit on Your DDA. 
    instance:                                  
    �  If through no fault of ours, you do not have enough money in your  Payments are not applied to the required minimum payment due on Your 
       account to make the transfer.          Statement each month. You will still have a required minimum payment 
    �  If the transfer would go over the credit limit on your overdraft line.  
      7 
     
    due each month, which will appear on Your Statement and will be  (but in no event less than three business days). Commerce reserves the 
                                                             � subject to the terms of Your cardholder agreement.  right to decline or cancel toggle  service at any time. 
     
                                                    
    PAY LATER  
     
    �Pay Later� means any Purchase that is made with Your Account that will 
    not be automatically paid for from a DDA, and will become a part of your 
    outstanding credit card balance.  
    You may choose to use the Pay Later feature for Your Purchases by 
    choosing not to activate a specific Payment Preference, by deactivating 
    a previously chosen Payment Preference, by cancellation of a linked 
                        � DDA, or by the cancellation of the toggle  payment feature from Your 
    credit card Account. 
     
         � UNWIND  
         � �Unwind � means the ability to return funds that were used to pay for a 
    Purchase from Your DDA with the Pay Now� feature, and to have the 
    original Purchase placed back on to Your Account. 
     
                                � You will have up to 30 calendar days to use the Unwind  feature for a 
    Pay Now� feature Purchase. When the Purchase posts back to Your 
    Account, it will post with the original transaction date, and will be subject 
    to interest charges according to the terms of Your Cardholder 
    Agreement. We reserve the right to limit the total amount of your 
        � Unwind  feature requests from exceeding the available credit for Your 
    Account. 
     
    TOGGLE ON DEMAND� 
    �toggle On Demand�� means any credit card purchase that You 
    manually choose to be paid from either Your DDA or reward points after 
    the transaction posts to Your Account.  
     
    ACH RETURNS 
    If an ACH payment request is returned for any reason, the original 
    Purchase that initiated that ACH payment request will be posted back to 
    Your Account and will be due according to the terms of Your Agreement. 
     
    An ACH return for any reason will result in the deactivation of any active 
    Payment Preferences for the DDA that caused the return, and any other 
    DDA that might share an active Payment Preference. Your Payment 
    Preferences will remain deactivated until such time that you re-activate 
    Your Payment Preferences. 
     
    If Your Payment Preferences are not active, any pending and future 
    Purchases that previously matched that Payment Preference, will post to 
    Your Account and will not initiate an ACH payment request. These 
    Purchases will become a part of your outstanding credit card balance 
    with Commerce and will be due according to the terms of Your 
    Agreement. 
     
    If You have linked a Commerce DDA to Your Account, any ACH 
    payment request that would result in an overdraft of Your DDA will be 
    returned to Your Account, and no overdraft or insufficient funds fees will 
    be assessed to You. If you have linked a non-Commerce DDA to Your 
    Account, You may be assessed overdraft and/or insufficient funds fees 
    according to that financial institution's deposit agreement. 
     
        � toggle  ALERTS 
    Commerce will use the email address provided by You at the time of the 
    Account(s) or Card(s) opening to notify you of important changes in 
              � regard to the toggle  payment feature for Your Account. You will not be 
    able to turn off these notifications. You agree that You are responsible 
    for maintaining a valid email address and agree to notify us of any 
    change in Your email address. You can change the email address for 
    account notification at any time through Commerce Online Banking. 
    Should delivery of the account notification be unsuccessful, it remains 
                         � Your responsibility to monitor Your toggle  Payment Preferences in a 
    timely manner from Commerce Online Banking.  
     
    GENERAL TERMS & CONDITIONS 
    You must be enrolled in a Commerce Rewards Program in order to 
    receive rewards for Your Purchases.  
     
    Commerce reserves the right, in its sole discretion, to suspend, cancel or 
             � modify the toggle  payment feature at any time and for any reason and 
    without prior notice.  
     
    Commerce reserves the right, in its sole discretion, to add, delete, 
                   �  change or revise these toggle Terms and Conditions including, but not 
                            � limited to, qualifications for participation in toggle .  
     
    Commerce reserves the right, in its sole discretion, to disqualify any 
                         � Accountholder from participation in toggle  in cases of actual or 
                             �  suspected abuse, fraud, violations of these toggle Terms and Conditions 
    or any actual or suspected abuse or fraud with respect to the Account or 
    DDA.  
     
    Neither Commerce nor its third-party service providers, their respective 
    employees, officers, affiliates or agents will be liable to You for any 
                                       � action or inaction any of them take or fail to take with respect to toggle  
                    �  or any changes to these toggle Terms and Conditions.  
     
    All trademarks, service marks and trade names used by Commerce for 
        �         � toggle , including the toggle  design are property of Commerce. No use 
    of these may be made without the prior written authorization of 
    Commerce.  
     
            �              � By using toggle , You agree to all of the toggle  features, limitations and 
                       �  restrictions contained in these toggle Terms and Conditions as well as 
    any additional terms and conditions contained in any programs, 
    promotions or transactions that may be offered to You from time-to-time 
    and any terms and conditions contained in any document issued to You 
    by Commerce.  
     
    This authorization is to remain in effect until Commerce has received 
    electronic notice of termination from You. You may terminate toggle �  
    electronically through Online Banking, or by contacting us at 1-800-645-
    2103. Your notice must be sent in such time and manner as to afford 
    Commerce Bank a reasonable opportunity to act upon the termination 
      8