PRICING DISCLOSURES 

These Pricing Disclosures are part of the Cardholder Agreement.   

Interest Rates and Interest Charges 
Annual  Percentage  Rate 
(APR) for Purchases 
APR for Cash Advances 

29.99%  
29.99%  

Paying Interest 

Your due date will be a minimum of 21 days after the close of each billing 
cycle.  We will not charge interest on new purchases if you pay your entire 
balance by the due date each month. We will begin charging interest on cash 
advances on the transaction date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $0.50.   

Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a credit 
card,  visit  the  website  of  the  Consumer  Financial  Protection  Bureau  at 
http://www.consumerfinance.gov/learnmore. 

Fees 
Set-Up and Maintenance Fees 

Notice:    The  Annual  Fee  will  be  assessed  before  you  begin  using  your 
card  and  will  reduce  the  amount  of  credit  you  initially  have  available.  
Based on your initial credit limit of $300.00, your initial available credit 
will  only  be  $225.00  (only  $196.00  if  you  choose  to  have  an  additional 
card).   

You  may  still  reject  the  plan,  provided  that  you  have  not  yet  used  the 
account or paid a fee after receiving a billing statement.  If you reject the 
plan, you are not responsible for any fees or charges.   

   Processing Fee 

$89.00 (one-time fee). 

   Annual Fee 

$75.00 for first year  
      After that, $48.00 annually.  

Monthly Servicing Fee 

None for first year (introductory) 
      After that, $75.00 annually ($6.25 per month). 

Additional Card Fee 

$29.00 annually (if applicable). 

Transaction Fees  

Cash Advance Fee 

None for first year (introductory).  After that, either $5.00 or 5% of 
the amount of each cash advance, whichever is greater. 

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Penalty Fees  

Late Payment Fee 

Up to $38.00 

   Returned Payment Fee 

Up to $38.00 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  “Average  Daily  Balance  (including  new 
purchases).” See your cardholder agreement for more details.   

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is included in 
the cardholder agreement and on the back of your monthly billing statement.   

Additional Information Regarding Processing Fee 

We require a one-time up front Processing Fee of $89.00 to be paid in full before your Account is opened.  Once we 
have  received  and  processed  your  payment  of  the  Processing  Fee,  your  Account  will  be  opened  and  you  may 
activate and begin using your Card.  Refer to the Section entitled “Refund Disclosure” for additional information.   

Additional Information Regarding Interest Charges and Other Fees 

Your Account is subject to the following Interest Charges and Fees, each of which will be charged to your Account 
as a Purchase for the purpose of calculating Interest Charges: 

Interest Charges:   

Paying Interest Charges.  You agree to pay us Interest Charges on your Account as described herein.  Subject to 
any grace period for new Purchases as described in the next section, Interest Charges will be imposed beginning the 
date a Purchase or Cash Advance is posted to your Account and will continue to accrue until payment is posted.  

How to Avoid Paying Interest Charges on New Purchases (Grace Period).  If you paid the New Balance on your 
prior  monthly  billing  statement  by  the  due  date  shown  on  that  billing  statement,  we  will  not  impose  any  Interest 
Charges on new Purchases, or any portion of a new Purchase, paid by the due date on your current monthly billing 
statement (which will be at least 21 days from the billing cycle closing date).  New Purchases are Purchases that first 
appear  on  your  current  billing  statement.    Cash  Advances  are  subject  to  Interest  Charges  from  the  date  the 
transaction  is  posted  to  your  Account.    Unlike  Purchases,  this  means  there  is  no  time  in  which  you  can  pay  the 
balance of Cash Advances in order to completely avoid Interest Charges on Cash Advances.   

How  We  Calculate  Interest  Charges  –  Average  Daily  Balance  Method  (Including  Current  Transactions).  
Interest  Charges on Purchases are calculated by applying the  monthly periodic rate  (shown below) to the average 
daily balance of Purchases (including new Purchases) for each billing cycle.  To calculate the average daily balance 
of  Purchases,  we  take  the  beginning  balance  of  Purchases  each  day,  add  any  new  Purchases  (including  Interest 
Charges  and  other  Fees  and  charges),  and  subtract  any  applicable  payments  and  credits.    This  gives  us  the  daily 
balance.  We add up all the daily balances for the billing cycle and divide by the number of days in the billing cycle 
to determine the average daily balance of Purchases.  Interest Charges on Cash Advances are calculated by applying 
the  monthly  periodic  rate  (shown  below)  to  the  average  daily  balance  of  Cash  Advances  (including  new  Cash 
Advances).  To get the average daily balance of Cash Advances, we use the same calculation method that we use for 
Purchases.   

Monthly  Periodic  Rate  and  Corresponding  ANNUAL  PERCENTAGE  RATE  (APR).    Interest  Charges  for 
Purchases  and  Cash  Advances  are  calculated  at  a  monthly  periodic  rate  of  2.4992%,  which  is  a  corresponding 
ANNUAL PERCENTAGE RATE (APR) of 29.99%.  We calculate the monthly periodic rate by dividing the APR 
by 12.    

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Minimum Interest Charge.   In any month in which an Interest Charge is due, if that Interest Charge is less than 
$.50, we  may charge  you a minimum Interest Charge  of $.50.  Notwithstanding the foregoing, during the  first 12 
months  your  Account is open, any Interest  Charges assessed  on  your  Account  will be equal to the actual accrued 
interest.   

Fees:   

Annual  Fee.  Your  Account  will  be  assessed  an  Annual  Fee  of  $75.00  when  your  Account  is  opened  and  $48.00 
every twelve months thereafter whether or not you use your Account.  The Annual Fee is non-refundable except as 
provided in Section below entitled “Refund Disclosure”.  Your payment of the Annual Fee does not affect our right 
to  close  your  Account.    The  Annual  Fee  will  not  be  billed  to  your  Account  after  your  Account  is  closed.    The 
Annual Fee will be pro-rated based on when the Account is reopened and the Card is re-issued.        

Monthly  Servicing  Fee.    Your  Account  will  not  be  charged  a  Monthly  Servicing  Fee  for  the  first  year 
(introductory)  following  Account  opening.    Each  month  thereafter,  your  Account  will  be  charged  a  Monthly 
Servicing Fee of $6.25 per month ($75.00 annually).  This fee will be billed until your Account is closed and the 
balance is $20.00 or less.   

Cash Advance Fee.  In addition to the periodic Interest Charge we assess on Cash Advances, each time you obtain 
a Cash Advance, we will impose a transaction fee of $5.00 or 5% of the amount of each Cash Advance, whichever 
is greater.  Notwithstanding the foregoing, your  Account  will  not  be  charged  any Cash Advance fees  for  the  first 
year (introductory) following Account opening. 

Late Payment Fee.  If we do not receive payment from you in at least the amount of your Total Minimum Payment 
Due by the due date shown on your monthly billing statement,  you will be charged a Late Payment Fee.  The fee 
will be the lesser of (a) $27.00 if you did not incur a Late Payment Fee during any of the prior six billing periods; 
otherwise $38.00, or (b) your past due Total Minimum Payment Due amount.  

Returned Payment Fee.  If any check or other item tendered in payment of the amount due on your Account is returned 
unpaid for any reason, you will be charged a Returned Payment Fee.  The fee will be the lesser of (a) $27.00 if you 
did not incur a Returned Payment Fee during any of the prior six billing periods; otherwise $38.00, or (b) your past 
due Total Minimum Payment Due amount.    

Additional Card Fee.  If you authorize us to issue an additional Card for your Account, an Additional Card Fee of 
$29.00 will be imposed annually for each additional Card.  This fee will be assessed at the time you request each 
Additional Card and annually thereafter following each anniversary date of your Account opening, whether or not 
the additional Card is used.  The Additional Card Fee is non-refundable except as provided in Section below entitled 
“Refund Disclosure”.  The Additional Card Fee will be pro-rated the first year based on when the additional Card is 
issued.        

Express Delivery Fee.  We impose a $35.00 fee for the express delivery of your Card.   

Copying Fee.  If you request duplicates of any monthly billing statement or other document, a copying charge of 
$3.00 per page may be imposed, unless the request is made in connection with a bona fide billing error dispute. 

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VISA® CARDHOLDER AGREEMENT 

THIS CARDHOLDER AGREEMENT CONTAINS AN ARBITRATION PROVISION.  UNLESS YOU ACT 
PROMPTLY  TO  REJECT  THE  ARBITRATION  PROVISION,  IT  WILL  HAVE  A  SUBSTANTIAL 
EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING 
OR PARTICIPATE IN A CLASS ACTION. 

This  cardholder  agreement  (“Agreement”)  contains  the  terms  and  conditions  under  which  Mid  America  Bank  & 
Trust  Company  has  agreed  to  establish  a  Visa®  credit  card  Account  (“Account”)  for  you.    The  accompanying 
Pricing Disclosures are part of this Agreement.  This Agreement contains our most current terms and supersedes any 
prior  terms  you  may  have  received  from  us.    Please  read  this  Agreement  carefully  and  retain  it  for  your  future 
reference.   

Acceptance  of  Agreement.    Use  of  the  Card  or  Account  by  you  or  an  Authorized  User  shall  constitute  your 
agreement  to  the  terms  and  conditions  of  this  Agreement.    Whenever  stated  in  this  Agreement  that  we  may  take 
certain described action, this permits us to do so at our sole discretion. 

Effective Date of Agreement.  Unless you are a resident of the State of New York, this Agreement is effective upon 
the earlier of (1) the first Purchase made or Cash Advance taken on your Account, and (2) the expiration of 30 days 
from  the  date  we  deliver  this  Agreement  to  you  if  you  do  not  provide  us  written  notice  of  your  desire  to  cancel 
within this 30 days. If  you are a resident of the State of New York, this  Agreement is  not effective  until the first 
Purchase  made or Cash  Advance taken on  your  Account.  In all cases, if any Fees are required to be paid prior to 
opening your Account, this Agreement will not be effective and your Account will not be opened until such Fees are 
paid in full. You are not obligated to pay any Fees or Interest Charges (other than any Fees required to be paid prior 
to opening your Account) until this Agreement is effective. 

Defined Terms 

“You”  and  “your”  mean  each  person  who  applied  for  the  Account,  each  person  to  whom  Mid  America  Bank  & 
Trust Company issues a Card.   

“We,”  “us,”  “our,”  means  Mid  America  Bank  &  Trust  Company,  Dixon,  Missouri,  and  our  agents,  authorized 
representatives, successors, and assignees or other holders of this Agreement or your Account.   

“Authorized User” means anyone who uses a Card or your Account with your consent.   

“Card”  means  any  Visa®  credit  card  issued  in  connection  with  your  Account,  including  all  renewals  and 
substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, 
including any Account number. 

“Cash  Advance”  means  each  of  the  following  transactions:    (a)  a  transaction  drawing  upon  your  Account  using 
your Card and PIN (described below) at an ATM that bears the Visa® logo; (b) a transaction at any participating 
Visa® financial institution drawing upon your Account; (c) an electronic or other transfer of funds initiated by us, at 
your request (i.e., we sign the check as the drawer), drawing upon your Account; (d) use of a check provided by us 
(i.e., you sign the check as the drawer) drawing upon your Account; (e) a transaction and the fees associated with 
using your Card to purchase cash equivalents, including wire transfers, money orders, and travelers’ checks; and (f) 
any other method of obtaining a cash loan.   

“Fees”  means charges  imposed on  your  Account as described in this  Agreement that are  not based on an  Annual 
Percentage Rate. 

“Interest Charges” means any charges to your Account based on the application of an Annual Percentage Rate. 

“New Balance” means the outstanding balance of your Account at the end of any billing cycle.  

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“Purchase” includes (a) a transaction using your Card to purchase or lease goods or services from one who honors 
the Card; (b) any other Account related Fees; and (c) any other transaction that is not otherwise a Cash Advance. 

Other  important  words  used  in  this  Agreement  begin  with  capital  letters.  They  are  defined  throughout  this 
Agreement. 

Using Your Card  

Permitted Uses.  You  may  use  your  Card and  your  Account to  make  Purchases  wherever your Card is accepted, 
provided your Account is in good standing and you have available credit.  Each time you use your Card, either for a 
Purchase or a Cash Advance, you are requesting us to make a loan to you for the amount of the Purchase or the Cash 
Advance.  If you use your Account number to make a Purchase or obtain a Cash Advance without presenting your 
Card (such as for a mail order, telephone or internet purchase), the legal effect will be the same as if you used the 
Card itself.  Each Purchase and Cash Advance obtained will reduce the available credit under your credit limit until 
it is repaid in accordance with the terms of this Agreement.  

Cash Advances.  You may use your Card to obtain Cash Advances if your Account has been open for at least the 
later of ninety (90) days or three completed billing cycles, is not past due and  you have available credit for Cash 
Advances.  You may obtain Cash Advances from an Automated Teller Machine (“ATM”) or through a bank teller. 
However,  the  total  of  your  unpaid  Cash  Advances  may  not  exceed  one-half  of  your  credit  limit.    Cash  Advance 
amounts may also be subject to limits imposed by banks and ATM operators.   

Prohibited Uses.  You may not use your Card outside the United States, or to make a charge in a foreign currency.  
The Card may not be used for any illegal transactions.  The Card may not be used for on-line gambling transactions 
or at an automated  fuel pump.  You further acknowledge that  your Card  will be for personal  use and  may  not be 
used  for  business  purposes.    If  you  use,  or  allow  someone  else  to  use  your  Card  or  Account  for  any  prohibited 
purpose, you will be responsible for such use and may be required to reimburse us for all amounts or expenses we 
pay as a result of such use. 

Card.   You agree to sign  the back of the  Card issued to  you in connection  with  your  Account immediately upon 
receipt.  The Card is valid during the dates provided on the front. The Card is our property, and you will return it to 
us or destroy it if we ask.  

PIN.  Upon your request, you may be assigned a personal identification number (“PIN”).  With a PIN, you may use 
your Card to obtain Cash Advances from an ATM. You should keep your PIN secure and not write it down, give it 
to anyone, or keep it with your Card. If you lose your Card or believe that someone has gained unauthorized access 
to your PIN, you must contact us immediately.  You may request or change your PIN by calling us at (877)-259-
3755 or visiting us online at. www.firstaccesscard.com   

Credit Limit.  Your credit limit is the maximum amount of credit we have approved for your Account. Your credit 
limit will be disclosed to you when your Card is issued and will also appear on your monthly billing statement.  You 
agree not to make any Purchase or obtain any Cash Advance that would cause the unpaid balance of your Account 
to exceed your credit limit. The total of your unpaid Cash Advances may not exceed one-half of your credit limit.    
You agree that  we may change your credit limit at any time  without affecting your obligation to pay the amounts 
you owe under this Agreement.  At our sole discretion, we may honor Purchases or Cash Advances in excess of your 
credit limit without raising your credit limit. If we do, we may require you to pay us any amount over your credit 
limit immediately. If we have previously allowed your balance to exceed your credit limit, it does not mean that we 
will permit your balance to exceed your credit limit again. See the next section with respect to credit limit increases. 

Credit Limit Increases. Upon your request, credit limit increases may be granted after your Account has been open 
for at least six (6) billing cycles, has not been past due for the prior six (6) billing cycles and is not over limit.  Every 
six (6) billing cycles thereafter, upon your request, we will review your Account for a credit limit increase using the 
same requirements.  There is no fee imposed for the review, or any resulting increase in the credit limit.  We reserve 
the right to decline your request for a credit limit increase in our sole discretion.        

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Lost or Stolen Card; Liability for Unauthorized Use.  You will take reasonable steps to prevent the unauthorized 
use of your Card and Account. If your Card is lost or stolen, or you think someone used your Account without your 
permission, tell us immediately by notifying us by phone at (877)-259-3755 or in writing at PO Box 89028, Sioux 
Falls, South Dakota 57109-9028.  You may be liable for the unauthorized use of your Card. In New York, you will 
not be liable for unauthorized use of the Card that occurs prior to the effective date of this Agreement.  You will not 
be  liable  for  unauthorized  use  that  occurs  after  you  notify  us,  orally  or  in  writing,  of  the  loss,  theft  or  possible 
unauthorized use.  In any case, your liability will not exceed $50. You agree to cooperate in our investigation of the 
unauthorized  use  and  provide  any  information  we  deem  necessary  to  our  investigation.    We  will  send  you  a  new 
Card  with  a  new  account  number  to  replace  the  Card  that  was  lost  or  stolen.  Although  you  will  be  issued  a  new 
account  number,  you  will  not  be  considered  to  have  opened  a  new  account,  and  any  existing  balance  will  be 
transferred to the replacement account.  Please see “Your Billing Rights” section below for more details. 

Declines and Authorizations.  You agree that we shall have no liability if any merchant or bank refuses to honor 
your Card or Account number, if an ATM or other device fails to properly operate, or if services are unavailable due 
to circumstances beyond our control (such as system failures, fires, floods, natural disasters, or other unpredictable 
events).    Some  transactions  on  your  Account  will  require  prior  approval.  These  prior  approvals  are  called 
"authorizations". We may limit the number of authorizations we will give your Account during any certain period of 
time (day, weekend, week) and we may deny an authorization if we suspect that your Account is being used without 
your permission. If our authorization system is not working fully, we may be unable to give an authorization even 
though the transaction would not exceed your credit limit. For security reasons, we cannot explain the details of how 
the authorization system works. You agree that we will not be liable for failing to give an authorization.   We are not 
obligated  to  honor  every  transaction,  even  if  you  have  available  credit.    We  may  decline  a  transaction  on  your 
Account at our discretion for any reason including the  following:  because of operational  considerations, because 
your Account is in default, or if we suspect fraudulent or unlawful activity.  We are not responsible for any losses if 
a transaction on your Account is declined for any reason, whether by us or a third party, even if you have sufficient 
credit available. If the authorization is denied, we may notify the person who attempted the transaction that it has 
been refused. Transactions at some participating  merchants (such as  hotels, car rental companies, and restaurants) 
may  result  in  authorizations  for  amounts  greater  than  the  actual  purchase  amount,  which  will  have  the  effect  of 
making less credit available on your Account for several days (usually until the date the actual purchase amount is 
received from the merchant).  

Authorized  Users.    If  another  person  is  given  access  to  your  Account  with  your  express  or  implied  permission, 
notwithstanding the provision above, that person is an Authorized User, even if we did not issue an additional Card 
in the Authorized User’s name. At your request, and if we agree, we may issue an additional Card in the name of an 
Authorized  User  with  your  Account  number.    You  will  be  responsible  for  all  charges,  Cash  Advances,  Interest 
Charges, Purchases and Fees incurred by any Authorized User. We are not required to try to obtain payment from 
any Authorized User before requiring payment from you. You and each Authorized User agree that we may report 
Account information to consumer reporting agencies in the names of both you and the Authorized User. 

Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us 
as provided on your monthly billing statement and request their removal. We will have a reasonable amount of time 
after your request to research the situation and remove them. You also must immediately destroy all Cards in their 
possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, 
you  still  will  be  responsible  for  all  amounts  they  charge  to  the  Account.  You  will  be  responsible  even  if  these 
amounts do not appear on the Account until later. An Authorized User may remove themselves from the Account 
upon request. We may close your existing Account and/or issue a new Card with a new Account number. 

Transactions Made in Foreign Currencies.  Although charges outside the United States or in a foreign currency 
are not allowed, if you make a charge in a foreign currency, the exchange rate for the transaction will be either (a) a 
rate  selected  by  Visa  from  the  range  of  rates  available  in  wholesale  currency  markets  for  the  applicable  central 
processing  date,  which  rate  may  vary  from  the  rate  Visa  itself  receives,  or  (b)  the  government  mandated  rate  in 
effect for the applicable central processing date.   

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Payments 

Your Promise to Pay.  You promise to pay to us all amounts advanced to you (including amounts advanced to any 
Authorized User) under this Agreement, plus all Fees and Interest Charges assessed on those amounts, and all other 
charges, costs, and fees which you incur under the terms of this Agreement.   

Total Minimum Payment Due.  You may pay any or all of the amounts you owe at any time without penalty, but 
you must pay at least the Total Minimum Payment Due each month on or before the due date in order to maintain 
your credit privileges.  The “Total Minimum Payment Due” is comprised of the Monthly Payment plus any amount 
past due, as reflected on the monthly billing statement.   If the New Balance shown on your statement is $38.00 or 
less, the “Monthly Payment” is the New Balance.  If the New Balance exceeds $38.00, the Monthly Payment is the 
greater of (a) five percent (5%) of your New Balance at the end of the billing cycle (rounded up to the nearest dollar) 
or (b) $38.00.  The Total Minimum Payment Due may also include the amount by which your New Balance exceeds 
your credit limit (“Over Credit Limit Amount”).  Failure to pay the Over Credit Limit Amount as requested on your 
monthly  billing  statement  will  not,  by  itself,  cause  your  Account  to  be  delinquent.  The  Total  Minimum  Payment 
Due  is due  by the due date  shown on the  monthly billing  statement (the  due date  will be at least twenty-one (21) 
days from the billing cycle closing date) and payments must be made to Mid America Bank & Trust Company at the 
address  shown  on  the  monthly  billing  statement.    Merchandise  refunds,  Fee  or  Interest  Charge  reversals  or  other 
credits to your Account  will be applied towards your outstanding balance, but will not be treated as payments for 
purposes of satisfying your obligation to make the next Total Minimum Payment Due.   

Payment Instructions.  Payments received in Proper Form before 5:00 pm CST on a business day will post to your 
Account  that  day.    Payments  received  after  5:00  pm  CST  on  a  business  day  and  payments  made  on  a  Saturday, 
Sunday, or bank holiday will post to your Account the following business day.  We may, in our discretion, accept 
payments  not  received  in  Proper  Form,  but  crediting  of  such  payments  may  be  delayed  up  to  five  business  days 
following receipt.  Delayed crediting  may cause  you to incur a  Late Payment Fee and additional Interest  Charges.  
“Proper Form” means that a payment sent by mail or courier follows these guidelines: 
• 
• 

Payments must be sent to the address on the payment coupon of your monthly billing statement. 
Payments  must  be  made  by  personal  check,  money  order,  cashier’s  check,  or  guaranteed  funds  (described 
below) in U.S. dollars payable to Mid America Bank & Trust Company. 

•  All checks or negotiable instruments must be drawn on a U.S. financial institution and contain proper signatures 

and consistent numeric and written amounts. 
Payments must not be in the form of cash or third-party checks.  

• 
•  Your payment coupon must be included with your payment. If your payment coupon is not included, your name 

and account number must be printed legibly on your check or negotiable instrument. 

Payments  not  made  in  guaranteed  funds  may  not  create  available  credit  for  up  to  fourteen  (14)  days  to  allow  the 
payment to clear or even longer if circumstances warrant an additional hold, or if we deem ourselves at risk for any 
reason.  Guaranteed funds which are accepted include payments in the form of bank or postal money orders, bank 
cashiers checks, debit card payments, Western Union and MoneyGram.  This list may change.  Please call customer 
service for a current list of payments accepted as guaranteed funds.  Third party payments are subject to review and 
may not immediately create available credit.  At our discretion, we may accept late or partial payments, as well as 
payments that are marked “paid in full” or other restrictive endorsements, without losing any of our rights under this 
Agreement.  You agree that we need not examine any payment check to confirm that it is not postdated, and that we 
may deposit any postdated check for payment to us on the day we receive it. Satisfaction of a debt for less than the 
full  amount  due  or  imposition  of  any  other  term  or  condition  on  us  requires  a  written  agreement,  signed  by  an 
authorized  Bank  representative.  All  written  communications  concerning  disputed  amounts,  including  a  check  or 
other payment instrument that (a) indicates that the payment constitutes “payment in full” or is otherwise tendered as 
full  satisfaction  of  a  disputed  amount  or  (b)  is  tendered  with  other  conditions  or  limitations,  must  be  marked  or 
delivered  to  us  at  the  address  for  billing  inquiries  shown  on  your  monthly  billing  statement,  not  at  the  payment 
address.    You  waive  presentment  for  payment,  protest,  notice  of  non-payment  and  of  protest,  and  agree  to  any 
extensions of time of payment and partial payment before, at, or after maturity.  You may at any time pay more than 
your  minimum  payment  or  pay  off  your  entire  balance  in  full  without  any  additional  charge  for  prepayment.  No 
matter how large your payment is in one billing cycle, you will need to make a payment in the following cycle if you 
have  an  outstanding  balance.  You  are  not  authorized  to  use  your  available  credit  to  make  a  payment  on  your 
Account  and  we  may  refuse  such  payments  in  our  sole  discretion.    We  may  resubmit  and  electronically  collect 

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returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed 
payments, and to handle similar issues. 

How We Apply Payments.  Payments will be applied in a manner we determine in accordance with applicable law, 
and the application of payments may change from time to time.   

Credit Balances. You may not maintain a credit balance on your Account.  If payments cause a credit balance, your 
Account may be temporarily suspended and subject to further review.  We may reject and return to you any payment 
that creates a credit balance on your Account.  Any credit balance we allow will not be available until we confirm 
that  your  payment  has  cleared.  You  may  contact  us  as  provided  on  your  monthly  billing  statement  and  request  a 
refund  of  any  available  credit  balance  of  $1.00  or  more.  If  you  contact  us  in  writing,  we  will  refund  your  credit 
balance  within  7  business  days  from  our  receipt  of  your  written  request.    If  you  do  not  request  a  refund,  we  will 
apply credit balances to future amounts you owe us unless a refund is required by law. 

Electronic Check Presentment.  By sending us a check as payment, you authorize us to use information on your 
check to make a one-time electronic funds transfer from your account at the financial institution indicated on your 
check  or  to  process  the  payment  as  a  check  transaction.    When  we  use  information  from  your  check  to  make  an 
electronic  funds  transfer,  funds  may  be  withdrawn  from  your  bank  account  as  soon  as  the  same  day  we  receive 
payment.    If  your  check  is  processed  electronically,  your  canceled  check  will  not  be  returned  to  you  by  your 
financial  institution.  We  will  retain  an  image  of  your  electronically  processed  check(s)  as  required  by  law.  If 
requested prior to the time we are allowed by law to destroy electronically processed checks, we will provide you 
with a copy of your electronically processed check(s) upon your request.   

Monthly Billing Statements, Communications and Information About You 

Monthly  Billing  Statements.    We  will  send  you  a  monthly  billing  statement  at  the  end  of  each  monthly  billing 
cycle  in  which  your  Account  has  a  debit  or  credit  balance  of  more  than  $1.00,  if  an  Interest  Charge  has  been 
imposed  or  if  other  Account  activity  has  occurred.  Your  statement  will  arrive  around  the  same  time  each  month, 
however we reserve the right to change the date of your billing cycle at any time to the extent permitted by law.  The 
statements we send to you will reflect the activity and our Interest Charges, Fees and other charges on your Account 
during the immediately preceding  monthly billing cycle. They  will also  show  your Total Minimum Payment Due 
and the due date by which we must receive payment. The information contained on the statement will be deemed to 
be correct unless you notify us in accordance with the Section below entitled “Your Billing Rights”.  

Description  of  E-Statements.    You  may  elect  to  have  your  monthly  billing  statements  and  other  required 
disclosures  accompanying  your  monthly  billing  statements  (“E-Statements”)  for  your  Account  delivered  to  you 
electronically in place of paper disclosures.  You may sign up for the E-Statement service or cancel the E-Statement 
service at any time by logging into your Account at www.firstaccesscard.com.  Your use of the E-Statement service 
will  be  subject  to  the  additional  terms  and  conditions  presented  to  you  at  the  time  of  your  enrollment  for  E-
Statements. 

Communication with You.  We may contact you from time to time regarding your Account. We (and our affiliates, 
agents  and  contractors)  may  contact  you  in  any  manner  we  choose  to  the  extent  allowed  by  applicable  law.  For 
example, we may contact you:  
(1) by mail, telephone, email, or text message; 
(2) by using an automated dialing or similar device (“autodialer”); 
(3) at your home and at your place of employment; 
(4) on your mobile, wireless or cellular telephone or similar device, which may result in charges to you; 
(5) at any time, including weekends and holidays; 
(6) with any frequency;  
(7) by leaving prerecorded and other messages on your answering machine/service and with others; and  
(8) by identifying ourselves, your relationship with us and our purpose for contacting you even if others might hear 
or read it. 
We may monitor or record any conversation or other communication with you. Unless the law states we cannot, we 
may  modify or suppress caller ID and similar services and identify ourselves on these  services in any  manner  we 

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choose. You also agree that  we  may contact  you using phone numbers, addresses and e-mail addresses  we  obtain 
from  public  and  nonpublic  databases  we  may  lawfully  access.  Where  allowed  by  law,  we  also  may  contact  other 
individuals who may be able to provide updated employment, location, and contact information for you.  Some of 
the  legal  purposes  for  calls  and  messages  include:  suspected  fraud  or  identity  theft;  obtaining  information; 
transactions  on  or  servicing  of  your  Account;  collecting  on  your  Account;  and  providing  you  information  about 
certain products, services and promotions. 

Account  Alert  Service.    Through  our  Account  Alert  Service,  we  will  send  certain  alerts  about  your 
Account.  You  expressly  agree  that  we  may  send  you  Account  Alerts  through  email  messages,  SMS  text 
messages  to  mobile  numbers  you  provide  to  us  or  any  other  means  we  may  make  available  to  you  from 
time  to  time.  You  may  adjust  Account  Alert  and  delivery  preferences  at  any  time  by  logging  into  your 
Account at www.firstaccesscard.com.   Account Alerts sent via SMS text messages can also be cancelled at 
any time by texting the reply "STOP" from your mobile phone.  You are responsible for any fees or other 
charges that your wireless carrier may charge  for any related data or message services, including without 
limitation SMS text services.  You agree that Account Alerts may not be encrypted, and may include your 
name  and  information  pertaining  to  your  Account.  Receipt  of  any  Account  Alert  may  be  delayed,  or 
prevented  by  factors  affecting  your  Internet  service  provider,  phone  operator,  and  other  relevant  entities. 
We offer Account Alerts solely as a convenience to you.  We neither guarantee the delivery or the accuracy 
of  the  contents  of  any  Account  Alert.  We  will  not  be  liable  for  losses  or  damages  arising  from  (a)  non-
delivery,  delayed  delivery,  or  wrong  delivery  of  any  Account  Alert;  (b)  inaccurate  content  in  a  Account 
Alert; (c) your use or reliance on the contents of any Account Alert for any purposes. We reserve the right 
to  terminate  any  request  from  you  for  any  Account  Alert,  at  any  time.  The  information  in  any  Account 
Alert may be subject to certain time lags and/or delays. We  may terminate or suspend the Account Alert 
Service at any time without notice. 

Your  Consent  for  Calls  and/or  Text  Messages  to  Your  Mobile  Phone.    When  you  give  us  or  we  obtain  your 
mobile telephone number, you expressly agree that we (and our affiliates, agents and contractors) may contact you at 
this  number  using an autodialer and can also leave prerecorded and other  messages, including text  messages. We 
may do these things whether we contact you or you contact us.  You agree you will be responsible for any fees or 
charges you incur as a result of incoming calls or text messages from us, from our affiliates or from any third party 
acting on behalf of us or our affiliates. 

Notices.  Any notice required to be provided to you under this Agreement shall be given to you at your residence 
address  shown  on  our  records  and  shall  be  effective  when  sent  by  first  class  mail,  unless  otherwise  required  by 
Missouri law.  You agree to advise us promptly of any change in your address.  Any notice from you to us shall be 
sent to PO Box 89028, Sioux Falls, South Dakota 57109-9028 or to such other address as we may give you and shall 
be effective when received by us.  We may, at our discretion, accept mailing address corrections from the United 
States Postal Service.   

Privacy  Policy.  The  privacy  policy  for  Mid  America  Bank  &  Trust  is  provided  separately  in  accordance  with 
applicable law. 

Your Account Information.  We need current information about you to manage your Account. The information we 
need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your e-
mail  address;  (4)  your  social  security  number  or  other  government  identification  number;  (5)  your  telephone 
number(s); and (6) your employment and income information. You are responsible for promptly notifying us when 
this information changes. We may require you to provide additional documents that are acceptable to us to verify 
this information or any changes. We maintain the right to restrict or close your  Account if your information cannot 
be verified or if you do not provide additional information as requested. 

Credit  Information.    We  are  entitled  under  applicable  law,  including  the  Fair  Credit  Reporting  Act,  to  obtain 
information  about  you  from  a  credit  reporting  agency  and  we  may  also  verify  your  credit  references  and  other 
information  that  you  provide  to  us.    We  may  obtain  updated  or  additional  information  about  you,  including 
consumer  reports,  for  any  legitimate  purpose  including,  but  not  limited  to,  the  extension  of  credit  to  you  or  the 
review or collection of your Account.  We may provide information about you and your Account to credit reporting 
agencies  and  others  as  provided  in  our  privacy  policy.  Information  we  provide  might  appear  on  your  and  your 

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Authorized Users’ credit reports. This could include  negative information if  you do not comply  with the terms of 
this Agreement.  

Your Contract With Us 

Amendment or Modification.  At any time and subject to applicable law, we may change or delete any term of, or 
add new terms to, this Agreement, including without limitation the Interest Charge, Annual Percentage Rate, Fees, 
Total  Minimum  Payment  Due  amount,  and  the  arbitration  provision.    Unless  prohibited  by  applicable  law,  these 
changed or new terms will apply to any Account balance outstanding on the effective date of the change and to all 
future balances.  When required by applicable law, we will notify you in advance of any changes, deletions or addi-
tions.    Our  notice  will  tell  you  when  and  how  the  changes  will  take  effect  and  describe  any  rights  you  have  in 
connection with the changes.  

Governing Law.  This Agreement and your Account, and any claim, dispute or controversy (whether in contract, 
tort, or otherwise) at any time arising from or relating to your Account, this Agreement or any transferred balances, 
are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal 
law, by the laws of Missouri (without regard to internal principles of conflict of laws), but we rely on the provisions 
of  Nebraska  law  with  respect  to  the  Fees  that  apply  to  your  Account  as  authorized  by  Missouri  Revised  Statutes 
Section 408.145.    

Default.  We may declare your Account to be in default upon the occurrence of any of the following events: 
(a) You fail to make any payment required under the terms of this Agreement when due; 
(b) You fail to comply with any of the terms and conditions set forth in this Agreement; 
(c) You exceed your credit limit; 
(d) You become incapacitated or die; 
(e) You provide us with false or misleading information or signatures in any respect; 
(f) We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us on 
time; 
(g)  We  in  good  faith  deem  Mid  America  Bank  &  Trust  Company  to  be  insecure  or  believe  that  the  prospect  of 
payment is impaired; 
(h) You file for bankruptcy; 
(i) You move out of the U.S. or you provide us with a non-U.S. mailing address. 
(j)  You request an excessive number of replacement Cards. 
Upon your default, we can suspend or terminate your ability to use your Card or Account, lower your credit limit, 
increase  your  Total  Minimum  Payment  Due,  demand  the  return  of  your  Card(s),  declare  your  entire  balance 
immediately due and payable, initiate collection activity, continue to charge you Interest Charges and Fees as long as 
your balance remain outstanding, and exercise all other rights or remedies permitted by law, all without prior notice 
or demand except as required by law. You promise to pay any collection costs and attorneys’ fees that we incur as a 
result of  your default.  Our failure to declare  your  Account  in default does not excuse  you  from performing all of 
your obligations under this Agreement, nor shall such failure constitute a waiver of our rights to declare the Account 
in default and terminate your ability to use the Account and the Card at a later time or upon the occurrence of the 
same or a different event of default.  A negative credit report reflecting on your credit record may be submitted to 
one or more credit-reporting agencies if you fail to fulfill the terms of your credit obligations.   

Suspending or Closing Your Account.   

We May Suspend or Close Your Account: We may close or suspend your Card or Account and require the return of 
your Card for any reason, including default, without notice to you except as may be required by applicable law. We 
may  terminate  your  Account  if  you  are  or  become  a  non-U.S.  resident  or  a  resident  of  New  York  or  Wisconsin. 
Sometimes we close accounts based not on your actions or inactions, but on our business needs. If we close your 
Account, we will not be liable to you for any consequences resulting from closing your Account or suspending your 
credit privileges.   

You  May  Close  Your  Account:  You  may  cancel  your  Account  at  any  time  by  notifying  us  by  telephone  or  in 
writing.  

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If your Account is closed, you are still responsible for any amounts due on the Account pursuant to the terms of this 
Agreement and the Account will continue to accrue applicable Interest Charges and other Fees and charges until the 
Account is paid in full. 

Refund Disclosure. We will refund your Processing Fee and initial Fees (those Fees that are billed at the time of 
Account opening) if (1) you have not used your Card for a Purchase or Cash Advance; and (2) you have not made a 
payment  on  your  Account  after  receiving  a  monthly  billing  statement.  We  will  refund  any  partial  payment  of  the 
Processing  Fee  if  you  do  not  open  your  Account.    If  you  later  elect  to  close  your  Account  and  notify  us  of  your 
election in writing within thirty (30) days or one billing cycle (whichever is less) after  an Annual Fee appears on 
your  monthly  billing  statement,  the  Annual  Fee  will  be  credited  to  your  Account.    Except  as  described  in  this 
paragraph,  Fees  are  generally  non-refundable.    If  you  elect  to  cancel  an  additional  Card  and  notify  us  of  your 
election  in  writing  within  thirty  (30)  days  or  one  billing  cycle  (whichever  is  less)  after    an  Additional  Card  Fee 
appears on your monthly billing statement, the Additional Card Fee will be credited to your Account.   

Severability.  If any provision of this Agreement, including any portion of the arbitration agreement set forth below, 
is determined to be invalid or unenforceable under any rule, law, or regulation, the validity or enforceability of any 
other provision of this Agreement shall not be affected, and in lieu of such invalid or unenforceable provision there 
shall  be  added  automatically,  as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and 
enforceable,  if  possible.    Notwithstanding  the  foregoing,  if  a  class  action  litigation  or  a  class-wide  arbitration  is 
permitted  for  any  reason,  either  party  may  require  that  the  entire  Dispute,  as  defined  in  the  Section  entitled 
“Arbitration” below, be heard by a judge, sitting without a jury, under applicable court rules and procedures. 

Attorneys  Fees  and  Costs.    Except  as  may  be  provided  otherwise  in  this  Agreement,  you  agree  to  pay  all  costs 
incurred  by  us,  our  successors  or  assigns,  in  collecting  unpaid  indebtedness  or  in  enforcing  this  Agreement, 
including  attorneys  fees  and  costs,  as  well  as  those  costs,  expenses  and  attorneys  fees  incurred  in  appellate, 
bankruptcy and post-judgment proceedings, except to the extent such costs, fees or expenses are prohibited by law. 

No  Waiver  by  Us.    Subject  to  applicable  law,  we  reserve  the  right  not  to  impose  part  or  all  of  any  Fee  or  other 
amount imposed pursuant to this Agreement or not to exercise any of our rights under this Agreement, and should 
we do so, we will not waive our right to impose such Fee or amount or exercise such right in the future. 

Assignment.  We  may  sell, assign or transfer all or any portion of  your  Account or any balances due under  your 
Account  without  prior  notice  to  or  consent  from  you.    You  may  not  sell,  assign  or  transfer  your  Card  or  your 
Account or any of your obligations under this Agreement.  This Agreement will be binding on, and benefit, any of 
your and our successors and assigns. 

Entire Agreement.  This Agreement, together with your application, constitutes the final expression of the credit 
agreement between you and us relating to your Account and supersedes and may not be contradicted by evidence of 
any prior or contemporaneous oral credit agreement between you and us relating to your Account. 

No  Warranties.    Except  as  otherwise  provided  in  the  Section  below  entitled  “Your  Billing  Rights”,  we  are  not 
responsible for any claim you might have regarding the purchases of goods or services made with your Card.  

Merchant Refunds.  If you are entitled to a refund for goods or services purchased with your Card, you will accept 
these refunds as credits to your Account. We do not control when a merchant sends us your refund. We will also 
have a reasonable amount of time after we receive your refund to process it. 

Arbitration 

READ  THIS  ARBITRATION  PROVISION.  UNLESS  YOU  ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION  PROVISION  BY  OPTING  OUT  IN  ACCORDANCE  WITH  PARAGRAPH  b, 
CAPTIONED  “OPT-OUT  PROCESS,”  THE  ARBITRATION  PROVISION  WILL  BE  PART  OF  THIS 
AGREEMENT AND WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR 
RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, IN THE EVENT OF A DISPUTE.  

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a.  General:  This  Arbitration  Provision  describes  when  and  how  a  Claim  (as  defined  below)  may  be  arbitrated. 
Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in 
court  in  front  of  a  judge  and/or  jury.  It  can  be  a  quicker  and  simpler  way  to  resolve  disputes.  Arbitration 
proceedings are private and less formal than court trials. Each party to the dispute has an opportunity to present 
some evidence to the arbitrator. The arbitrator will issue a final and binding decision resolving the dispute(s), 
which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision. As solely used in 
this Arbitration Provision, the terms “we,” “us” and “our” mean not just Mid America Bank & Trust Company 
but also our parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, 
successors,  assigns  and  any  of  these  entities’  employees,  officers,  directors  and  agents.  For  purposes  of  this 
Arbitration  Provision,  these  terms  also  mean  any  other  third  party  providing  any  goods  and  services  in 
connection with your Account, servicing and collection of amounts due on your Account, if you name that third 
party and us as defendants in a single proceeding.  

b.  Opt-Out Process. If you do not want this Arbitration Provision to apply, you may reject it by mailing us a 
written  opt  out  notice  which  contains  your  Account  number,  your  name  and  address  and  a  signed 
statement  that  you  opt  out  of  the  Arbitration  Provision  of  this  Agreement.  The  opt  out  notice  must  be 
sent to us by mail at Mid America Bank & Trust Company, PO Box 89028, Sioux Falls, SD 57109-9028. 
(You should retain a copy of your opt-out notice and evidence of mailing or delivery.)  An opt out notice 
is only effective if it is signed by you and if we receive it within thirty (30) days after the date we delivered 
this  Agreement  to  you.  Indicating  your  desire  to  opt-out  of  this  Arbitration  Provision  in  any  manner 
other than as provided above is insufficient notice. However, your decision to opt out of this Arbitration 
Provision  will  not  have  any  other  effect  on  this  Agreement  and  will  not  affect  any  other  arbitration 
agreement  between  you  and  us,  which  will  remain  in  full  force  and  effect.  If  you  don’t  reject  this 
Arbitration Provision, it will be effective as of the date you were approved for an Account.  

c.  What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us that in any 
way arises from or relates to your Account, including disputes arising from actions or omissions on or prior to 
the  date  of  this  Agreement.  “Claim”  has  the  broadest  reasonable  meaning,  and  includes  initial  claims, 
counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, negligence, fraud 
and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any 
claim for injunctive or declaratory relief). Despite the foregoing, “Claim” does not include any individual action 
brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, 
or appealed to a different court. In addition, except as set forth in the immediately following sentence, “Claim 
does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or 
any part thereof (including, without limitation, this sentence, the prohibitions against class proceedings, private 
attorney  general  proceedings  and/or  multiple-party  proceedings  described  in  paragraph  g,  captioned 
“Prohibition  Against  Certain  Proceedings”  (the  “Class  Action  Waiver”),  or  the  last  sentence  of  paragraph  m, 
captioned “Severability,”); all such disputes are for a court and not an arbitrator to decide. However, any dispute 
or argument that concerns the validity or enforceability of this Agreement as a whole is for the arbitrator, not a 
court, to decide. 

d.  Starting or Electing to Require Arbitration: Either you or we may start an arbitration of any Claim or require 
any Claim to be arbitrated. Arbitration is started by initiating an arbitration or required by giving written notice 
to the other party requiring arbitration. This notice may be given before or after a lawsuit has been started over 
the Claim and may address any Claims brought in the lawsuit, provided that a party may not pursue a Claim in a 
lawsuit  and  then  seek  to  arbitrate  that  same  Claim  unless  the  other  party  has  asserted  another  Claim  in  the 
lawsuit  or  an  arbitration.  The  notice  may  be  in  the  form  of  a  motion  or  petition  to  compel  arbitration. 
Arbitration  of  a  Claim  must  comply  with  this  Arbitration  Provision  and,  to  the  extent  not  inconsistent  or  in 
conflict with this Arbitration Provision, the applicable rules of the arbitration Administrator.  

e.  Choosing  the  Administrator:  “Administrator”  means  the  American  Arbitration  Association  (“AAA”),  1633 
Broadway, 10th Floor, New York, NY 10019, www.adr.org; JAMS, 1920 Main St. at Gillette Ave., Suite 300, 
Irvine,  CA  92614,  www.jamsadr.com,  or  any  other  company  selected  by  mutual  agreement  of  the  parties.  If 
AAA  and  JAMS  cannot  or  will  not  serve  and  the  parties  are  unable  to  select  an  Administrator  by  mutual 
consent,  the  Administrator  will  be  selected  by  a  court.  The  party  asserting  the  Claim  (the  “Claimant”)  may 
select  the  Administrator.  Notwithstanding  any  language  in  this  Arbitration  Provision  to  the  contrary,  no 
arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that 
has in place a formal or informal policy that purports to override the Class Action Waiver. 

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f.  Court  and  Jury  Trials  Prohibited;  Other  Limitations  on  Legal  Rights:  IF  YOU  OR  WE  ELECT  TO 
ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM 
IN  COURT  OR  HAVE  A  JURY  DECIDE  THE  CLAIM.  ALSO,  YOUR  AND  OUR  ABILITY  TO 
OBTAIN INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION 
THAN  IN  A  LAWSUIT.  OTHER  RIGHTS  THAT  YOU  OR  WE  WOULD  HAVE  IN  COURT  MAY 
ALSO NOT BE AVAILABLE IN ARBITRATION.  

g.  Prohibition  Against  Certain  Proceedings:  IF  YOU  OR  WE  ELECT  TO  ARBITRATE  A  CLAIM:  (1) 
NEITHER  YOU  NOR  WE  MAY  PARTICIPATE  IN  A  CLASS  ACTION  IN  COURT  OR  IN  CLASS-
WIDE  ARBITRATION,  EITHER  AS  A  PLAINTIFF,  DEFENDANT  OR  CLASS  MEMBER;  (2) 
NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN 
ARBITRATION;  (3)  CLAIMS  BROUGHT  BY  OR  AGAINST  YOU  MAY  NOT  BE  JOINED  OR 
CONSOLIDATED  WITH  CLAIMS  BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON;  AND  (4) 
THE  ARBITRATOR  SHALL  HAVE  NO  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE 
ARBITRATION,  PRIVATE  ATTORNEY  GENERAL  ARBITRATION,  OR  MULTIPLE-PARTY 
ARBITRATION. 

h.  Location  and  Costs  of  Arbitration:  Any  arbitration  hearing  that  you  attend  in  person  must  take  place  at  a 
location  reasonably  convenient  to  you,  as  determined  by  the  arbitrator.  Each  Administrator  charges  fees  to 
administer  an  arbitration  proceeding  and  the  arbitrator  also  charges  fees.  This  includes  fees  not  charged  by  a 
court. If either you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to 
pay the  fees charged by the  Administrator and/or the  arbitrator or that you believe those fees are  too high. If 
your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to 
you by the Administrator and/or arbitrator. Also, we will pay these fees if applicable law  requires us to, if you 
prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We 
will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will bear the 
expense  of  our  attorneys,  experts  and  witnesses.  You  will  bear  the  expense  of  your  attorneys,  experts  and 
witnesses  if  we  prevail  in  an  arbitration.  However,  if  you  are  the  Claimant,  we  will  pay  your  reasonable 
attorney, expert and witness fees and costs if you prevail or if we must bear such fees and costs in order for this 
Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do 
so. 

i.  Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the 
“FAA”), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent 
with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator is 
authorized to award all remedies permitted by the substantive law that would apply if the action were pending in 
court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards 
employed  by  the  courts).  At  the  timely  request  of  either  party,  the  arbitrator  must  provide  a  brief  written 
explanation of the basis for the award. 

j.  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. 

k.  Arbitration  Result  and  Right  of  Appeal:  At  the  timely  request  of  either  party,  the  arbitrator  shall  provide  a 
written explanation for the award. Either party may appeal the arbitrator's decision within 30 days to a single 
arbitrator or a three-arbitrator panel selected in accordance with the Administrator’s rules, which shall resolve 
the Claim without regard to the original decision. We will pay the entire cost of an appeal unless we are willing 
to have the appeal decided by a single arbitrator and you insist upon a three-arbitrator panel. In such event, you 
will be responsible for paying your portion of the difference in arbitration fees between a single arbitrator and a 
three-arbitrator panel, as determined by the panel. However, we will pay all costs to the extent required by law 
and/or required to enforce this Arbitration Provision. The original award or any subsequent award on the appeal 
described  above  shall  be  final  and  binding,  subject  to  any  further  right  to  appeal  provided  by  the  FAA.  The 
arbitrator’s award may be entered by any court having jurisdiction. 

l.  Rules  of  Interpretation:  This  Arbitration  Provision  is  binding  upon  and  benefits  you,  your  respective  heirs, 
successors  and  assigns.  This  Arbitration  Provision  also  is  binding  upon  and  benefits  us.  This  Arbitration 
Provision shall survive the repayment of all amounts owed under this Agreement, any legal proceeding and any 
bankruptcy,  to  the  extent  consistent  with  applicable  bankruptcy  law.  This  Arbitration  Provision  survives  any 
termination, amendment, expiration or performance of any transaction between you and us and continues in full 
force  and  effect  unless  you  and  we  otherwise  agree  in  writing.  In  the  event  of  a  conflict  or  inconsistency 

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between this Arbitration Provision, on the one  hand, and the applicable arbitration rules or the other terms of 
this Agreement, on the other hand, this Arbitration Provision shall govern. 

m.  Severability:  If  any  portion  of  this  Arbitration  Provision  is  deemed  invalid  or  unenforceable,  such  a  finding 
shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement 
entered  into  by  you  with  us.  However,  notwithstanding  any  language  in  this  Arbitration  Provision  or  this 
Agreement  to  the  contrary,  the  Class  Action  Waiver  is  not  severable  from  the  remainder  of  this  Arbitration 
Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to 
any  right  of  appeal  that  may  exist  with  respect  to  such  determination,  any  class  action  or  representative 
proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision. 

n.  Notice  and  Cure;  Special  Payment:  Prior  to  initiating  a  lawsuit  or  an  arbitration  proceeding  under  this 
Arbitration Provision, the Claimant shall give the other party or parties written notice of the Claim (a “Claim 
Notice”) and a reasonable opportunity,  not less than 30 days, to resolve the  Claim.  Any Claim Notice to  you 
shall  be  sent  in  writing  by  mail  to  the  address  you  have  provided  in  your  Card  application  (or  any  updated 
address you subsequently provide). Any Claim Notice to us shall be sent by mail to PO Box 89028, Sioux Falls, 
SD 57109-9028 (or any updated address we subsequently provide), attn: ARBITRATION.  Any Claim Notice 
you send must identify yourself by including your name, address and Account number. Any Claim Notice must 
explain  the  nature of  the  Claim and the  relief demanded. You  may only submit a  Claim Notice on  your own 
behalf  and  not  on  behalf  of  any  other  party.  The  Claimant  must  reasonably  cooperate  in  providing  any 
information about the Claim that the other party reasonably requests and must give the other party a reasonable 
opportunity  to  respond  to  the  demand  for  relief.  If:  (i)  you  submit  a  Claim  Notice  in  accordance  with  this 
paragraph  on  your  own  behalf  (and  not  on  behalf  of  any  other  party);  (ii)  we  refuse  to  provide  you  with  the 
relief you request; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater 
relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and 
costs to which you may be entitled). 

YOUR BILLING RIGHTS 

KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Monthly Billing Statement 

If you think there is an error on your monthly billing statement,  write to us at the address listed on your monthly 
billing statement.  In your letter, give us the following information: 
•   Account information: Your name and Account number. 
•   Dollar amount: The dollar amount of the suspected error. 
•   Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why 

you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error first appeared on your monthly billing statement. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop  payment on the amount 

you think is wrong. 

You  must  notify  us  of  any  potential  errors  in  writing.  You  may  call  us,  but  if  you  do  we  are  not  required  to 
investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 

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1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we 

have already corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill 

is correct. 

While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•  The charge in question may remain on your billing statement, and we may continue to charge you interest on that 

amount. 

•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 
•   If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that 

amount. 

•    If  we  do  not believe  there was  a  mistake:  You  will  have  to  pay  the  amount  in  question,  along  with  applicable 
Interest Charges and Fees. We will send you a statement of the amount you owe and the date payment is due. We 
may then report you as delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that 
you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as  delinquent  without  also  reporting  that  you  are 
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let 
those organizations know when the matter has been settled between us.  If we do not follow all of the rules above, 
you do not have to pay the first $50.00 of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and  you have tried 
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due 
on the purchase.  To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and 
the purchase price must have been more than $50.00. ( NOTE: Neither of these are necessary if your purchase was 
based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 

2. You must have used your Card for the Purchase. Purchases made with Cash Advances from an ATM or with a 

check that accesses your Account do not qualify. 
3. You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 
Mid America Bank and Trust 
PO Box 89028 
Sioux Falls, SD 57109-9028 

While  we  investigate,  the  same  rules  apply  to  the  disputed  amount  as  discussed  above.  After  we  finish  our 
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we 
may report you as delinquent. 

State Disclosures 

California Residents: A married applicant may apply for a separate Account. As required by law, you are hereby 
notified that a negative credit reporting reflecting on your credit record may be submitted to a Consumer Reporting 

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Agency if you fail to fulfill the terms of your credit obligations. After credit approval, each applicant shall have the 
right to use the Account up to the limit of the Account.  
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding 
balances from month to month. 
New York and Vermont  Residents: We  may obtain a consumer report for any legitimate  purpose in connection 
with your Account or your application, including but not limited to reviewing, modifying, renewing and collecting 
on your Account. Upon your request, we will inform you of the names and addresses of any Consumer Reporting 
Agencies that have furnished the reports.  New York residents may contact the New York State Banking Department 
(1-877-226-5697) to obtain a comparative list of credit card rates, fees and grace periods. 
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all 
credit  worthy  customers,  and  that  Consumer  Reporting  Agencies  maintain  separate  credit  histories  on  each 
individual upon request. The Ohio Civil Rights Commission administers compliance with this law. 
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order 
applying to marital property will adversely affect a creditor’s interests unless prior to the time credit is granted, the 
creditor  is  furnished  with  a  copy  of  the  agreement,  statement,  or  court  order,  or  has  actual  knowledge  of  that 
provision. 

© 2017. All rights reserved. 

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