M&T Bank VISA Credit Card Agreement 

THIS  AGREEMENT  INCLUDES  AN  ARBITRATION  PROVISION.    YOU  MAY  REJECT  THE  ARBITRATION 
PROVISION IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION” SECTION BELOW. 

This Agreement governs the use of Your M&T Visa® Credit Card, M&T Visa® Credit Card with Rewards, 
or  M&T  Visa®  Signature  Credit  Card  account  with  M&T  Bank,  and  it  is  the  contract  that  applies  to  all 
transactions  on  Your  Account  even  though  the  sales,  cash  advance,  credit  or  other  slips  You  sign  or 
receive may contain different terms.  This Agreement is the final expression of the terms and conditions of 
Your  credit  card  account  with  Us,  and  it  may  not  be  contradicted  by  evidence  of  any  alleged  oral 
agreement.  If any part of the Agreement conflicts with applicable law or is determined by a court to be 
invalid,  this  Agreement  will  be  considered  changed  to  the  extent  necessary  to  comply  with  the  law  or 
court decision and the rest  will remain in  effect.  By  applying for or  using the  Card,  You agree  that We 
may provide Your personal data to VISA U.S.A., its members or their agents for the purpose of providing 
emergency cash and emergency credit card replacement services.  Please read this Agreement and keep 
it for Your records.  

Definitions  

In this Agreement, “We,” “Us,” and “Our” mean M&T Bank, its successors and assigns. “You” and “Your” 
mean  each  person  who  signs  an  application  for,  or  otherwise  requests,  a  credit  card  account  with  Us.  
“Account”  means  Your  credit  card  account  with  Us.    “Card”  means  each  credit  card  or  other  access 
device, such as account numbers, We issue to You for Your Account. “Checks” mean promotional cash 
advance  or  balance  transfer  checks  and  convenience  checks  We  may  provide  You  from  time  to  time.  
“Agreement” means this Agreement and Your “Disclosures and Terms” that were provided with Your Card 
Carrier,  which  may  be  set  forth  in  two  or  more  documents  that  together  comprise  Your  “Agreement.”  
“Transaction” means any  amount of credit obtained under  Your Account for purchases, cash advances, 
balance transfers, Checks and overdrafts.  “Outstanding Balance” means the total dollar amount of Your 
obligation under this Agreement for all Transactions, interest, finance charges, fees, and any other costs.  

Governing Law 

This Agreement is entered into by Us, and made in accordance with, federal law and, to the extent 
not preempted by federal law, the law of the State of Delaware, where We  and  your  Account are 
located.   Regardless  of  the  state  of  Your  residence  or  the  place  to  which  You  submitted  an 
application,  or  where  Your  Account  is  used,  except  as  provided  otherwise  in  the  Arbitration 
provision  below,  any  legal  question  concerning  Your  Account,  including,  without  limitation, 
provisions of the Agreement relating to finance charges, other charges and fees, will be decided 
in accordance with applicable federal law and, except where preempted by federal law, or as made 
applicable  by  federal  law,  applicable  Delaware  State  law  without  regard  to  its  conflict  of  law 
principles. 

Responsibility  

By applying for or using the Card,  You accept, agree to, and are bound by  these terms and conditions.  
You promise to do everything this Agreement requires of You, and You promise to pay all amounts due 
on Your Account.  Your obligation to pay the Outstanding Balance continues even though an agreement, 
divorce decree or other court judgment to which We are not a party may  direct  You or one of the other 
persons responsible to pay the account.  You agree to pay each and all of the interest, fees and charges 
described in this Agreement. 

Joint Accounts 

If  Your  Account  is  a  “Joint  Account,”  You  and  Your  Joint  Account  holder  promise  to  pay  and  are  jointly 
and  individually  responsible  for  all  amounts  due  on  the  Account.    This  means  that We  can  require  any 
one of You individually to repay  the entire amount owed under this Agreement. Each of You authorizes 

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the other(s) to make purchases, cash advances, or otherwise access Your Account, individually.  Any one 
of You may terminate the Account and the termination will be effective as to all of You.  You agree not to 
give Us conflicting directions. 

Authorized User 

If You or Your Joint Account holder lets someone else use the Account (Authorized User), You and any 
Joint Account holder are responsible for all Transactions made by that person, whether or not You have 
notified Us that the person will be using Your Account and whether or not the amount of the actual use 
exceeds Your permission or was made for Your benefit.  An Authorized User will not be responsible for 
paying  the  balances  due  on  Your  Account.    You  cannot  disclaim  responsibility  for  these  charges  by 
notifying Us, but if You write Us at the address or call Us at the telephone number shown on Your billing 
statement and return all Cards and Checks to us, We will close Your Account for new Transactions.  

Using Your Account 

Sign Your Card immediately upon its receipt.  If You do not sign the Card, You will still be obligated to pay 
amounts incurred on Your Account.  The Card may only be used during its validity period, which is printed 
on the Card. 

Whether  in  person  or  via  mail,  telephone,  internet,  or  any  other  electronic  methods,  You  may  use  the 
Card to make purchases of goods or services from merchants and others who accept VISA Cards.  You 
may obtain cash advances from Us and from other financial institutions that accept VISA Cards, as well 
as from automated teller machines (ATMs) that accept VISA Cards (but not all ATMs accept VISA Cards.)  
To  obtain  cash  advances  from  an  ATM,  You  must  use  the  Personal  Identification  Number  (PIN)  that  is 
issued to You.  You may use Checks to access Your Account, subject to any terms communicated to You 
with the Checks in addition to the terms of this Agreement (see below for information about Checks).  

If  You  have  an  M&T  Bank  Interest  Checking  Account  or  other  Checking  Account,  You  may  link  the 
Checking  Account  (Your  Checking  Account)  to  Your  Account  to  cover  overdrafts  on  Your  Checking 
Account.    If  you  ask  to  link  Your  Checking  Account  to  Your  Account,  You  authorize  Us  to  de-link  Your 
Checking Account from any other account with M&T Bank, which currently may be serving as an overdraft 
mechanism.  If You have requested overdraft protection for Your Checking Account, You will obtain credit 
from  Your  Account,  subject  to  the  Credit  Limit  and  other  provisions  of  this  Agreement  and  the  terms  of 
Your Checking Account Agreement, by any of the following methods: (1) if an M&T Bank Check Card or 
Visa  check  card  is  used  at  an  electronic  facility  to  make  a  withdrawal  or  transfer  from  Your  Checking 
Account, but the amount of the withdrawal or transfer exceeds the balance available for withdrawal from 
Your Checking Account, We will lend the excess under Your Account , (2) if any other amount is sought 
to be withdrawn from Your Checking Account (for example, by a check or to pay a service charge or other 
fee charged against Your Checking Account) but exceeds the balance available for withdrawal from Your 
Checking Account, We will lend the excess under Your Account, (3) if at any banking office of M&T Bank, 
You cash a check or other item but the check or other item is not paid by the financial institution on which 
it  is  written,  the  amount  of  the  check  or  other  item  will  be  considered  to  have  been  lent  under  Your 
Account, and (4) if any transfer or other transaction made or attempted to be made by any means results 
in  a  transfer  or  transaction  in  an  amount  in  excess  of  the  balance  available  for  withdrawal  from  Your 
Checking  Account, We  will  lend  the  excess  under  Your  Account.    This  paragraph  applies  regardless  of 
who initiates the transaction that accesses Your Account.  

You  must  not  obtain  any  Transaction  to  (1)  make  a  payment  under  this  Agreement  or  pay  any  other 
indebtedness existing now or coming into existence in the future from You to Us or any current or future 
M&T Bank affiliate or (2) buy, carry or trade in, or repay any indebtedness originally incurred to buy, carry 
or trade in, any margin stock or margin security. Use of Your Account must be limited to personal, family, 
or household purposes.  

We  also  may  issue  Checks  to  You  from  time  to  time.    When  You  sign  a  Check,  You  request  a  cash 
advance from Your Account.  We may refuse to pay a Check for any reason.  At Your risk and upon Your 

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request, We will accept a stop payment request on a Check.   You must provide Us with any information 
We  may  require.    A  stop  payment  request  becomes  effective  only  after  We  have  had  a  reasonable 
opportunity to act upon it.  Our receipt of Your stop payment request comes too late if:  We have indicated 
in any manner that We will pay or honor the Check; the Check is already in Our processing system; or We 
do  not  have  a  reasonable  time  to  act  upon  it  (and  You  and  We  agree  that  the  receipt  of  Your  stop 
payment request on the same day as the Check is presented to Us does not give Us a reasonable time to 
act on the stop payment request).  Stop payment requests may be made orally or in writing.  An oral stop 
payment request is effective for 14 calendar days following Our receipt unless confirmed by You in writing 
before the end of that time period.  A written stop payment request is effective for 6 months following Our 
receipt and must be renewed in writing.  If You fail to renew a stop payment request before it expires, You 
will be deemed to have consented to payment of the Check. 

Credit Limit 

Your “Credit Limit” is the maximum amount of Transactions (purchases, cash advances, Checks, balance 
transfers, overdraft protection, promotional cash advances, and promotional balance transfers), interest, 
finance charges, plus any other charges that We allow You to owe Us on Your Account at any time.  You 
will be advised of the Credit Limit when We issue the Card.  You promise not to allow Your Outstanding 
Balance to exceed Your Credit Limit. However, if You exceed Your Credit Limit, You are still responsible 
to pay the Outstanding Balance to Us, We do not give up any of our rights under this Agreement and We 
can require that You immediately pay to Us any amount in excess of Your Credit Limit.  We may establish 
a  maximum  cash  advance  amount  that  is  less  than  Your  Credit  Limit.    This  cash  advance  limit  is  Your 
Cash Limit.  

Each  payment  You make to  Your  Account  will restore  Your Credit Limit by the  amount of the  payment, 
unless You are over Your Credit Limit.  At Our sole discretion, We may wait to restore Your Credit Limit 
until We have actually collected the funds  You have  submitted to Us in  payment.  If You are over  Your 
Credit  Limit,  You  must  pay  the  amount  You  are  over  before  payments  will  begin  to  restore  Your  Credit 
Limit.  You may request an increase in Your Credit Limit only by a method acceptable to Us.  

We  can  increase  or  decrease  Your  Credit  Limit  and  can  refuse  to  make  a  Transaction  (without  prior 
notice)  at  any  time  for  any  reason  not  prohibited  by  law.    We  are  not  responsible  for  any  losses  if  a 
Transaction is declined for any reason, either by Us or someone else, even if You have credit availability.  
We  may  require  You  to  register  Your  account  with  an  authorization  system  that  We  select  for  online 
Transactions, and decline Your online Transactions if You do not register.  

Interest 

We figure interest on your Account using the Average Daily Balance (including new transactions) method.  
We calculate interest separately for each category of Transactions (purchases, cash advances, checks, 
balance transfers, overdraft protection,  promotional cash advances,  and  promotional balance transfers).  
For each category of Transaction, we calculate a Balance Subject to Interest Rate for the billing cycle by 
adding up the daily balances and dividing that amount by the number of days in the billing cycle.  Interest 
for each balance is calculated by multiplying the Daily Periodic Rate for each balance times the Balance 
Subject to Interest Rate for each category and by the number of days in the billing cycle.    

We  begin  with  the  balance  for  each  category  on  the  first  day  of  the  billing  cycle  and  add  any  unpaid 
periodic interest charge.  To get the daily balance for each category, we take the beginning balance each 
day,  add  any  periodic  interest  from  the  prior  day,  add  any  new  transactions  and  other  debits  (such  as 
fees), subtract any credits or payments as of that day and make other adjustments.  A credit balance is 
considered zero.  Then, for each category, we calculate a Balance Subject to Interest Rate for the billing 
cycle by adding up the daily balances and dividing that amount by the number of days in the billing cycle. 

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Except as provided in the section headed “Grace Period for Purchases,” interest will begin to accrue on 
any  Transaction  on  the  transaction  date.    For  Checks,  the  transaction  date  is  the  date  the  check  is 
presented to Us for payment. 

Your  APRs  and  Daily  Periodic  Rates  may  vary  (i.e.,  increase  and  decrease)  with  changes  in  the  prime 
rate (as defined below).  We will determine Your purchase APR by adding Your purchase margin to the 
prime rate. We will determine Your cash advance and check APRs by adding a margin of 18.99% to the 
prime  rate,  and  Your  overdraft  APR  by  adding  a  margin  of  10.99%  to  the  prime  rate.  Your  balance 
transfer APR will be equal to Your purchase APR after any applicable promotional period expires.  To the 
extent permitted by applicable law, Your APRs are not subject to a maximum limit. 

We  calculate  each  APR  for  each  monthly  billing  cycle  by  adding  the  appropriate  margin  to  the 
prime rate published in The Wall Street Journal on the first business day of the previous month. 
The “prime rate” is the highest U.S. Prime Rate published in the Money Rates section of The Wall Street 
Journal. The prime rate is not the lowest or the best interest rate available to a borrower at any particular 
bank  at  any  particular  time  –  it  is  only  a  pricing  index.  If  The  Wall  Street  Journal  stops  publishing  the 
prime rate, We will select a similar pricing index rate to calculate Your APRs. 

For each billing period, We see what the prime rate was on the first business day of the previous month. 
For example, the prime rate for the billing period beginning March 1 will be the prime rate published on 
February 1. We then add the applicable margin to that prime rate to get the APR. The Daily Periodic Rate 
is 1/365th of the APR, and 1/366th in a leap year. If Our calculation results in a change to a Daily Periodic 
Rate from the previous month because the prime rate has changed, the new rate will apply as of the first 
day  of  Your  billing  period  that  begins  for  the  current  monthly  billing  cycle.    If  the  Daily  Periodic  Rate 
increases, You will have to pay a higher interest charge and may have to pay a higher Minimum Monthly 
Payment.  

Grace Period for Purchases 

You can avoid interest charges on new purchases when they are first billed on a monthly statement, as 
described  in  this  paragraph,  but  not  on  other  balance  categories.    If  a  monthly  statement  includes  new 
purchases, and You make a payment that we receive by the due date for that statement, which is at least 
25  days  after  the  close  of  the  billing  period,  we  will  not  charge  interest  on  any  portion  of  the  new 
purchases  on  that  statement  to  which  we  allocate  such  payment,  provided  that  Your  current  statement 
also  shows  that  we  received  payment  of  the  New  Balance  for  Your  prior  month’s  statement  by  the 
payment due date on that statement, or the New Balance on that statement was zero.  

Penalty Rate 

A Penalty APR of 24.99% (Daily Periodic Rate of .06847%) will apply to all balance categories instead of 
the  introductory  APR  or  regular  APRs  if  You  fail  to  pay  the  Minimum  Monthly  Payment  within  60  days 
after its due date.  If You promptly remedy the default, Your Account will return to the regular  APRs for 
each balance after 6 consecutive cycles in which Your Account is deemed current and is not in default.  
Otherwise,  Your  APRs  will  remain  at  24.99%  (Daily  Periodic  Rate  of  .06847%)  until  Your  Outstanding 
Balance is paid in full.  The APR increase will occur regardless of whether We exercise any other right or 
remedy permitted under this Agreement or by law for Your default. 

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Fees and Charges 

Late  Charges.  You  must  pay  a  late  charge,  as  described  below,  if  any  Minimum  Monthly  Payment  is 
overdue. 

Late Payment Charge of $25 ($35 if You make a late payment within 6 billing cycles of any previous late 
payment).  We add the late charge to Your purchase balance. 

Returned Check Charges.   If You use a payment check to pay any amount owing under Your Account 
and  the  check  is  not  paid,  You  must  pay  a  returned  check charge  of  $25.   We add  the  charge  to  Your 
purchase balance as of the date of dishonor.  

Cash Advance. If You obtain a cash advance, You must pay a cash advance fee of three percent (3%) of 
the value of the cash that is advanced, subject to a $10 minimum fee.  This fee is a FINANCE CHARGE.  
We add the fee to Your cash advance balance as of the Transaction date. 

Balance Transfer. If You obtain a balance transfer, You must pay a balance transfer fee of four percent 
(4%)  of  the  value  of  the  transferred  balance,  subject  to  a  $10  minimum  fee.    This  fee  is  a  FINANCE 
CHARGE.  We add the fee to Your balance transfer balance as of the Transaction date. 

Overdraft Transfer. If You have linked Your Checking Account to Your Account, You must pay a $12.50 
transfer  fee    on  the  day  a  transfer  to  Your  Checking  Account  occurs  (regardless  of  the  number  of 
transfers  made  during  the  day).    This  fee  is  a  FINANCE  CHARGE.   We  add  the  fee  to  Your  overdraft 
balance as of the Transaction date. 

Unpaid Convenience Check Fee. If We do not pay a Check (because You have asked us not to do so 
or if we have decided not to pay it because You are in default, a Check has expired, etc.) You must pay 
an Unpaid Convenience Check Fee of $25.  

Foreign Transaction Fee.  If You use Your Card for any transaction involving a foreign currency (not in 
U.S.  dollars),  You  must  pay  a  Foreign  Transaction  Fee  of  three  percent  (3%)  of  the  value  of  the 
transaction after conversion to U.S. dollars, unless  You have the M&T Visa® Signature Credit Card, on 
which no Foreign Transaction Fees are charged. 

Expedited Card Fee.  If You request that we expedite the delivery of a replacement Card, You must pay 
an Expedited Card Fee of $25. 

Administrative Fees. We may charge You for copies of billing statements, sales drafts or other records 
or for special services You request.  We will not charge You for copies of documents You request for a 
billing dispute You assert against Us under applicable law.  These charges may change from time to time 
and will be added to Your purchase balance as of the date of the request. 

Fee Limitations.  We will not charge you a Late Payment Charge, Returned Check Charge, or Unpaid  
Convenience Check Fee that exceeds the amount of the associated payment/check.  For example, if your 
Minimum Monthly Payment amount is $20 and you make a late payment, you will be charged a $20 Late 
Payment Charge. 

Method of Payment 

You must pay  Us  Your Outstanding Balance.   You can  pay  it  in full at any  time  without any  penalty,  or 
You can pay it in installments.  You must pay it in United States dollars drawn on funds on deposit in a 
United  States  financial  institution  or  the  United  States  branch  of  a  foreign  financial  institution  using  a 
payment  check,  money  order  or  automatic  debit  payable  to  our  order  that  will  be  honored  by  Your 

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financial  institution.    By  the  date  shown  on  any  statement  for  Your  Account,  You  must  pay  at  least  the 
Minimum Monthly Payment shown on the statement.  

Monthly Minimum Payment 

The Minimum Monthly Payment is the greater of (a) $15 or (b) 2.5% of the Outstanding Balance of Your 
Account  at  the  end  of  a  billing  period  plus  the  greater  of  (i)  any  amounts  over  limit  or  (ii)  any  past  due 
amounts and late and other fees.  Your Minimum Monthly Payment will be rounded to the nearest dollar.  

Defer a Payment 

In  Our  sole  discretion,  We  may  allow  You  to  defer  making  the  Minimum  Monthly  Payment  for  certain 
billing  periods.    During  the  deferred-payment  period,  interest  will  be  assessed,  but  no  late  fee  will  be 
imposed.  At the end of the deferred-payment period, all terms of this Agreement that would have applied, 
were it not for the deferred-payment feature, will automatically resume without notice. 

Payment Requirements 

We do not accept cash payments through the mail.  Mailed payments must be made by payment check or 
money order accompanied by the payment stub attached to the statement and must be received by Us at 
Credit  Card  Payment  Processing,  P.O.  Box  62014,  Baltimore,  MD  21264-2014.    Payments  made  in 
person  must  be made  at  an  M&T  Bank  branch  by  payment  check  or money  order  accompanied  by  the 
payment  stub  attached  to  the  statement.    Checks must  be  made  payable  to  M&T  Bank.    Except  to  the 
extent  required  by  applicable  law,  if  We  accept  any  payment  that  does  not  conform  to  these 
requirements, the payment need not be  posted  or considered to have been made until the 5th  day  after 
the date We receive it. 

Payment Allocation 

We will allocate  Your payments in the manner We determine.  In most instances, We will allocate  Your 
payments  up  to  the  Minimum  Monthly  Payment  to  balances  (including  Transactions  made  after  the 
statement) with lower APR’s before balances with higher APR’s.  Payments above the Minimum Monthly 
Payment will be allocated to balances with higher APR’s before balances with lower APR’s.   

Amendment of Agreement 

To the extent allowed by law, We may change the terms of this Agreement from time to time, regardless 
of  whether  You  have  access  to  Your  Account,  by  adding,  deleting,  or  modifying  any  provision  (an 
“Amendment”).  Once amended, any reference to Your “Agreement” will mean the Agreement as modified 
by the Amendment.  Our right to add, delete, or modify provisions includes financial terms, such as the 
APRs and fees, and any other terms including, for example, the nature, extent, and enforcement of the 
rights and obligations You or We may have relating to this Agreement.  Notice of any change will be given 
in accordance with applicable law.  The Amendment will become effective on the effective date stated in 
the notice.  Use of Your Card after receiving notice of a change will further evidence Your agreement to 
the change.  If permitted by law and unless otherwise specified in the notice to You, the change will apply 
to Your Outstanding Balance as well as to future transactions.  If You give Us written notice that You do 
not  agree  to  the  change,  We  will  terminate  Your  Account  and  You  will  be  permitted  to  pay  the 
Outstanding Balance as of the effective date under the terms of the Agreement governing Your Account 
at the time our notice was given.  If You use Your Card after the effective date of the Amendment, You 
will be considered to have agreed to the new terms even if You have sent Us such written notice.  

Our Right to Cancel Your Account / How to Cancel Your Account 

We can suspend or cancel Your Account or revoke Your Card at any time without prior notice, except as 
required by law.  You cannot use a Card or Checks after any such action has occurred. You can cancel 
Your Account by notifying Us.  In either case, You agree to destroy all Cards and Checks.  Cancellation of 

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Your Account will not affect Your liability to Us for the Outstanding Balance and any other costs.  You are 
also  responsible  for  all  Transactions  made  to  Your  Account  after  termination,  unless  the  Transactions 
were unauthorized.  Checks are no longer valid if Your Account has been suspended or terminated. 

Reissuance of Cards 

You agree that at any time for any reason We may reissue a Card to You and/or may ask You to return 
any or all Cards.  

Foreign Transactions 

Transactions made in foreign countries and foreign currencies will be billed to  You in U.S. dollars.  The 
exchange  rate  for  transactions  in  a  foreign  currency  will  be  a  rate  selected  by  VISA  from  the  range  of 
rates available in wholesale currency markets for the applicable central processing date, which rate may 
vary  from  the  rate  VISA  itself  receives,  or  the  government  mandated  rate  in  effect  for  the  applicable 
central processing date.  The exchange rate in effect on the central processing date may differ from the 
rate in effect on either the transaction date or the posting date.  The exchange rate is subject to change 
by VISA.  You will also be charged a Foreign Transaction Fee as described above, if applicable. 

Default 

If: 

1)  You fail to make any payment when due under this Agreement or to comply with any of the other 

terms of this Agreement in existence now or in the future;  

2)  You die, file for bankruptcy or become insolvent; 

3)  You make any false or misleading statements in any credit application or credit update;  

4)  We believe Your ability to pay what You owe has been substantially reduced; 

5)  You fail to pay any other indebtedness from You to Us or our affiliates existing now or coming into 

existence in the future by the date it becomes due; 

6)  Anyone  starts  any  legal  proceeding  to  take  any  property  belonging  to  You  now  or  acquired  by 
You in the future to pay any indebtedness existing now or coming into existence in the future; or 

7)  Any tax or other involuntary lien is filed or recorded against any property belonging to You now or 

acquired by You in the future,  

except  to  the  extent  prohibited  by  applicable  law,  You  will  be  in  default.    If  You  are  in  default, We may 
declare  Your  Outstanding  Balance  and  any  other  amounts  You  owe  to  be  immediately  due,  prohibit 
further  Transactions  (without  prior  notice),  cancel  the  Cards,  and  revoke  any  privileges  associated  with 
the  Card  or  Your  Account. We  may  increase  Your  APRs  to  the  Penalty  APR  under  the  circumstances 
described in the section in this Agreement headed “Penalty Rate.”  

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Collection Costs 

If  You  are  in  default,  to  the  extent  permitted  by  applicable  law,  You  agree  to  pay  reasonable  collection 
expenses that We incur enforcing this Agreement, including court costs and attorney’s fees not exceeding 
20% of the amount due and payable under this Agreement if it is referred to an attorney not Our salaried 
employee for collection. 

Communication Regarding Account/ Statements and Notices 

You  authorize  Us  to  contact  You  by  telephone  regarding  Your  Account.    To  assure  customer  service 
quality, telephone communications with You may be monitored and recorded, without further notice.  You 
agree that such telephone calls may be monitored, recorded and automatically dialed and that a recorded 
message  may  be  played.    You  agree  that  such  telephone  calls  are  not  unsolicited  telephone  calls  for 
purposes of any state or federal law. 

All notices required in this Agreement must be in writing.  You will send all notices to Us to the address 
shown in Your periodic statement, unless We notify You otherwise.  Notices to Us are effective when We 
receive them and have a reasonable opportunity to act on them. 

Statements  and  notices,  which  We  can  send  by  regular  mail,  will  be  mailed  to  You  at  the  most  recent 
address You have given Us, as shown in our records concerning Your Account.  Notice sent to any one of 
You will be considered notice to all. 

Waivers 

No  change  in  this  Agreement  can  be  made  except  in  writing,  signed  by  Us.    We  can  do  any  of  the 
following without notifying You or losing any right with respect to Your Account or against You: 

1.  Accept  any  check  or  other  order  marked  “Paid  in  Full”  or  with  similar  language  as  a  payment 

under this Agreement;  

2.  Give additional time for payment of any amount owing under this Agreement; or 

3.  Exercise,  give  up,  fail  to  exercise  or  delay  exercising  any  right  with  respect  to  Your  Account  or 

against any person.  

For example, We can sue You to collect Your Account Balance whether or not We sue anyone else. 

If property is or will be security for another debt You owe Us and under the terms of that indebtedness the 
property would secure amounts You owe under this Agreement, We waive the right to treat the property 
as security for amounts You owe under this Agreement.  

PIN 

You may be requested to change Your PIN from time to time. You agree that You will not disclose, and 
will prevent the disclosure of, Your PIN.  If the confidentiality of the PIN is compromised, You shall notify 
Us immediately.  You assume sole responsibility for maintaining the PIN.   

Credit Information 

You authorize Us to investigate Your credit standing when opening, renewing or reviewing Your Account 
from time to time, including by obtaining information from credit bureaus and others. You authorize Us to 
disclose information regarding Your Account to credit bureaus and other creditors who inquire of Us about 
Your credit standing.  

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Financial and Other Information  

If You change  the  address of Your residence,  Your  mailing address or  Your employer or if there is any 
unfavorable  change  in  Your  financial  condition,  You  must  promptly  notify  Us  in  writing  of  the  change.  
Whenever We ask You to do so, You must submit to Us a financial statement in a form satisfactory to Us. 

Lost or Stolen Cards / Liability for Unauthorized Use 

You must notify Us orally or in writing immediately of the loss, theft, or possible unauthorized use of the 
Card or Checks.  Until You use the Card, You are not responsible for any Transaction made by using the 
Card  after  its  loss  or  theft.    Under  VISA  operating  rules,  You  will  generally  have  no  liability  for  the 
unauthorized  use  of  any  Card  after  its  loss  or  theft.    If  there  is  an  exception  to  the  VISA  “zero  liability” 
operating rule, such as if You are grossly negligent in handling Your Card, Your maximum liability is $50.  
You will not be liable for unauthorized use that occurs after You notify Us orally or in writing, of the loss, 
theft, or possible unauthorized use.  You can notify Us by calling 1-800-724-2440 or writing Us at:  M&T 
Bank, PO Box 8405, Wilmington, DE 19899-8405.  

Do not use Your Account after You notify Us, even if Your Card is found or returned.   

You  also  agree  to  assist  Us  in  determining  the  facts,  circumstances  and  other  pertinent  information 
relating to any loss, theft or possible unauthorized use of Your Card and comply with such procedures as 
We  may  require  in  connection  with  our  investigation,  including  assisting  in  the  prosecution  of  any 
unauthorized user. 

Limitation on Interest and Finance Charges  

Interest and other finance charges will not be payable at a rate in excess of the maximum rate allowed by 
applicable  law.    To  the  extent  necessary  to  result  in  all  finance  charges  not  being  payable  at  a  rate  in 
excess of that maximum rate, any amount that would be treated as part of those finance charges under a 
final  interpretation  of  that  law  by  a  court  will  be  considered  to  be  a  mistake,  will  be  considered  to  be 
automatically  canceled  and,  if  received  by  Us,  will  be  refunded  to  You,  it  being  Your  and  Our  intention 
that those finance charges not be payable at a rate in excess of that maximum rate.  

Returns and Adjustments  

If Your credits and payments exceed what You owe Us, We will hold and apply this credit balance against 
future Transactions, or if it is $1.00 or more, refund it on Your written request or automatically within six 
months.  

Transfers  

We  may  transfer  or  assign  Your  Account  and/or  this  Agreement,  or  any  of  Our  rights  under  this 
Agreement, to another person or entity at any time without prior notice to You or Your consent. If they ask 
You, You must pay them the amount You owe on Your Account.  

Your  rights  under  this  Agreement  cannot  be  transferred  by  You,  by  operation  of  law,  or  otherwise,  but 
Your obligations shall be binding upon Your estate or personal representatives. 

Illegal Transactions Prohibited 

You  must  ensure  that  the  Card  is  not  used  for  any  illegal  transaction  and  agree  not  to  engage  in  any 
transactions  that  are  illegal  in  the  jurisdiction  where  You  live  and/or  where  the  transaction  occurs.  
Internet gambling, for example, may be illegal in the jurisdiction where You live.  You nevertheless agree 
that  You  will  be  liable,  according  to  the  terms  of  this  Agreement,  for  all  transactions,  whether  deemed 
legal or illegal. 

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Giving Up of Rights  

Except  to  the  extent  prohibited  by  applicable  law,  You  give  up  any  right  to  require  that We (1)  demand 
that  You  pay  any  amount  owing  under  this  Agreement,  (2)  notify  You  if  any  amount  owing  under  this 
Agreement is not paid by the date it becomes due or (3) obtain a certificate stating that any amount owing 
under this Agreement was not paid by the date it became due. 

Arbitration 

Your  Right  to  Reject:    You  may  reject  this  Arbitration  provision  and  any  prior  arbitration  agreement 
between  you  and  us  that  you  have  not  had  a  prior  chance  to  reject  (“Prior  Arbitration  Agreement”)  by 
mailing  us,  within  30  days  after  the  date  of  this  Agreement,  a  signed  rejection  notice  which  gives  your 
name(s) and address(es) and states that you reject arbitration.  The rejection notice must be sent to us at 
M&T Bank, Regulatory Support, P.O. Box 1468, Buffalo, NY 14240-1468 (attn.  Arbitration Rejection). 
Covered Claims:  “Claim” means any claim, dispute or controversy whatsoever between you and us that 
in any way arises from or relates to this Agreement.  However, “Claim” does not include any dispute about 
the  validity,  effect  or  enforceability  of  the  Class  Action Waiver  below  or  any  dispute  concerning  the  last 
sentence of the Severability section below; any such dispute shall be resolved by a court and not by an 
arbitrator or Administrator. 
Notice  and  Cure:    Prior  to  initiating  a  lawsuit  or  arbitration  regarding  any  Claim,  the  party  asserting  the 
Claim  (the  “Claimant”)  shall  give  the  other  party  (the  “Defending  Party”)  written  notice  of  the  Claim  (a 
“Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual 
basis.    Any  Claim  Notice  must  explain  the  nature  of  the  Claim  and  the  relief  that  is  demanded.    The 
Claimant  must  reasonably  cooperate  in  providing  any  information  about  the  Claim  that  the  Defending 
Party reasonably requests.  Any Claim Notice to us shall be sent by mail to the above Regulatory Support 
address  (or  any  updated  address  we  have  subsequently  provided  you),  attention  Claim  Notice.    Any 
Claim Notice must include your name and address. 
Starting  an  Arbitration:    Arbitration  may  be  elected  by  any  party  with  respect  to  any  Claim,  even  if  that 
party  has  already  initiated  a  lawsuit  with  respect  to  a  different  Claim.    Arbitration  is  started  by  giving  a 
written demand for arbitration to the other party.  We will not demand to arbitrate an individual Claim that 
you  bring  against  us  in  small  claims  court  or  your  state’s  equivalent  court,  if  any.    But  if  that  Claim  is 
transferred, removed or appealed to a different court, we then have the right to demand arbitration. The 
party  starting  an  arbitration  must  select  as  “Administrator”  either  the  American  Arbitration  Association 
(“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org., or JAMS, 620 Eighth Avenue, 
34th Floor, New York, NY  10018, www.jamsadr.org.  However, any other company may be selected by 
mutual  agreement  of  the  parties  or,  if  AAA  and  JAMS  cannot  serve,  a  court.    Notwithstanding  the 
foregoing, no arbitration may be administered by any Administrator that has in place a formal or informal 
policy that is inconsistent with the Class Action Waiver. 
Conduct of Arbitration: The language of any arbitration shall be in English.  Any party desiring or requiring 
a different language shall bear the expense of an interpreter. The parties shall select a single arbitrator or, 
in the event the parties shall fail to agree, a single, neutral arbitrator shall be chosen by the Administrator.  
Each arbitrator shall be a licensed attorney who has engaged in the private practice of law continuously 
during  the  10  years  immediately  preceding  the  arbitration  or  a  retired  judge  of  a  court  of  general  or 
appellate  jurisdiction.  All  statutes  of  limitation,  defenses,  and  attorney-client  and  other  privileges  that 
would apply in a court proceeding will apply in the arbitration.  In conducting the arbitration and making 
the award, the arbitrator shall be bound by and shall strictly enforce the terms of this Arbitration provision 
and may not limit, expand or otherwise modify its terms. 
Court  and  Jury  Trials  Prohibited:  IF  YOU  OR  WE  ELECT  TO  ARBITRATE  A  CLAIM,  YOU  WILL  NOT 
HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.  
Prohibition  Against  Certain  Proceedings:    IF  YOU  OR  WE  ELECT  TO  ARBITRATE  A  CLAIM:  (1) 
NEITHER  YOU  NOR  WE  MAY  PARTICIPATE  IN  A  CLASS  ACTION  IN  COURT  OR  IN  CLASS-WIDE 
ARBITRATION;  (2)  YOU  MAY  NOT  ACT  AS  A  PRIVATE  ATTORNEY  GENERAL  IN  COURT  OR  IN 
ARBITRATION;  (3)  CLAIMS  BROUGHT  BY  OR  AGAINST  YOU  MAY  NOT  BE  JOINED  OR 

10 

 
  
CONSOLIDATED  WITH  CLAIMS  BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON;  AND  (4)  THE 
ARBITRATOR  SHALL  HAVE  NO  POWER  OR  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE 
ARBITRATION,  PRIVATE  ATTORNEY  GENERAL  ARBITRATION  OR  MULTIPLE-PARTY 
ARBITRATION.  
Location and Costs of Arbitration:  Any arbitration hearing that  you attend must take place at a location 
reasonably convenient to you.    We will pay any and all fees of the Administrator and/or the arbitrator if 
applicable law or the Administrator's rules require us to, if you prevail in the arbitration or if we must bear 
such fees in order for this Arbitration Provision to be enforced.  If you demand an arbitration and initiate 
the  arbitration  proceeding,  we  will  pay  your  reasonable  witness,  attorneys  and  expert  fees  if  and  to  the 
extent you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced.  Also, 
we will bear any fees if applicable law requires us to. 
Governing Law:  This Arbitration provision involves interstate commerce and is governed by the Federal 
Arbitration Act (the “FAA”), and not by any state arbitration law, provided that Delaware law shall apply to 
the  extent  relevant  to  determine  the  validity  of  this  Arbitration  provision  under  the  FAA.    The  arbitrator 
must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and 
claims of privilege recognized at law.  The arbitrator may award any remedy provided by the substantive 
law that  would apply  if the action  were pending  in court (including,  without limitation, punitive damages, 
which shall be governed by the Constitutional standards employed by the courts).  At the timely request of 
either party, the arbitrator must provide a brief written explanation of the basis for the award. 
Right to Discovery:  In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of 
the  Administrator,  either  party  may  submit  a  written  request  to  the  arbitrator  to  expand  the  scope  of 
discovery  normally  allowable  under  the  arbitration  rules  of  the  Administrator.    The  arbitrator  shall  have 
discretion to grant or deny that request. 
Arbitration Result:  Judgment upon the arbitrator’s award may be entered by any court having jurisdiction.  
The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. 
Rules of Interpretation:  This Arbitration provision shall survive the repayment of all amounts owed under 
any agreement between the parties, the closing of any related account(s), any legal proceeding and any 
bankruptcy  to  the  extent  consistent  with  applicable  bankruptcy  law.    This  Arbitration  provision  replaces 
any Prior Arbitration Agreement and governs over any inconsistent provision in the applicable arbitration 
rules or other provisions of any agreement between the parties. 
Severability:    If  any  portion  of  this  Arbitration  provision,  other  than  the  Class  Action  Waiver,  is  deemed 
invalid  or  unenforceable,  the  remaining  portions  shall  nevertheless  remain  in  force.  However,  if  a 
determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration 
provision  will  remain  in  force  and  the  remaining  provisions  shall  be  null  and  void,  provided  that  the 
determination concerning the Class Action Waiver shall be subject to appeal. 

Your Billing Rights: Keep this Document for Future Use 

* 

* 

* 

This notice tells You about Your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If You think there is an error on Your statement, write Us at: 

M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

In Your letter, give Us the following information: 

•  Account Information:  Your name and Account number. 
•  Dollar Amount:  The dollar amount of the suspected error. 

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•  Description of problem:  If You think there is an error on Your bill, describe what You believe 

is wrong and why You believe it is a mistake.   

You must contact us: 

•  Within 60 days after the error appeared on Your statement. 
•  At  least  3  business  days  before  an  automated  payment  is  scheduled,  if  You  want  to  stop 

payment on the amount You think is wrong. 

You must notify Us of any potential errors in writing.  You may call us, but if You do We are not required 
to investigate any potential errors and You may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When We receive Your letter, We must do two things: 

1. 

2. 

Within  30  days  of  receiving  Your  letter, We  must  tell  You  that  We  received  Your  letter.  
We will also tell You if We have already corrected the error. 
Within 90  days  of receiving  Your letter, We must either correct the error or  explain  why 
We  believe  the  bill  was  correct.    While  We  investigate  whether  or  not  there  has  been 
error: 
o  We cannot try to collect the amount in question, or report You as delinquent on that 

amount. 

o  The  charge  in  question  may  remain  on  Your  statement,  and  We  may  continue  to 

charge You interest on that amount. 

o  While  You  do  not  have  to  pay  the  amount  in  question,  You  are  responsible  for  the 

remainder of Your balance. 

o  We can apply any unpaid amount against Your credit limit.  

After We finish our investigation, one of two things will happen: 

• 

• 

If  We  made  a  mistake:    You  will  not  have  to  pay  the  amount  in  question  or  any  interest  or 
other fees related to that amount. 
If We do not believe there was a mistake:  You will have to pay the amount in question, along 
with applicable interest and fees.  We will send You a statement of the amount You owe and 
the  date  payment  is  due.    We  may  then  report  You  as  delinquent  if  You  do  not  pay  the 
amount We think You owe.   

If  You  receive  our  explanation  but  still  believe  Your  bill  is  wrong,  You  must  write  to  Us  within  10  days 
telling  Us  that  You  still  refuse  to  pay.    If  You  do  so,  We  cannot  report  You  as  delinquent  without  also 
reporting that You are questioning Your bill.  We must tell You the name of anyone to whom We reported 
You as delinquent, and We must let those organizations know when the matter has been settled between 
us.   

If We do not follow all of the rules above, You do not have to pay the first $50 of the amount You question 
even if Your bill is correct. 

Your Rights if You Are Dissatisfied With Your Credit Card Purchases 

If You are dissatisfied with the goods or services that You have purchased with Your credit card, and You 
have tried in good faith to correct the problem with the merchant, You may have the right not to pay the 
remaining amount due on the purchase.   

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
To use this right, all of the following must be true: 

1. 

2. 

3. 

The  purchase  must  have  been  made  in  Your  home  State  or  within  100  miles  of  Your 
current mailing address, and the purchase price must have been more than $50.  (Note:  
Neither  of  these  are  necessary  if  Your  purchase  was  based  on  an  advertisement  We 
mailed to You, or if We own the company that sold You the goods or services.) 
You  must  have  used  Your  credit  card  for  the  purchase.    Purchases  made  with  cash 
advances  from  an  ATM  or  with  a  check  that  accesses  Your  credit  card  Account  do  not 
qualify. 
You must not yet have fully paid for the purchase. 

If all of the criteria above are met and You are still dissatisfied with the purchase, contact Us in writing at:  

M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

While We investigate, the same rules apply to the disputed amount as discussed above.  After We finish 
our investigation, We will tell You our decision.  At that point, if We think You owe an amount and You do 
not pay, We may report You as delinquent. 

© M&T Bank 

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