PRICING DISCLOSURES

These Pricing Disclosures are part of the Cardholder Agreement.

Interest Rates and Interest Charges

Annual  Percentage  Rate  (APR)  for 
Purchases

29.99%

APR for Cash Advances

29.99% 

Paying Interest

Your due date will be a minimum of 21 days after the close of each billing cycle.  We 
will not charge interest on new purchases if you pay your entire balance by the due 
date each month. We will begin charging interest on cash advances on the transaction 
date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $0.50.  

Credit Card Tips from the 
Consumer Financial Protection 
Bureau

To learn more about factors to consider when applying for or using a credit card, visit the
website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore.

Fees

Set-Up and Maintenance Fees

Notice:  The Annual Fee will be assessed before you begin using your card and will 
reduce the amount of credit you initially have available.  Based on your initial credit limit 
of $300.00, your initial available credit will only be $225.00 (only $196.00 if you choose 
to have an additional card).  

You may still reject the plan, provided that you have not yet used the account or paid 
a fee after receiving a billing statement.  If you reject the plan, you are not responsible 
for any fees or charges.  

   Processing Fee

   Annual Fee

$89.00 (one-time fee).

$75.00 for first year 
      After that, $48.00 annually. 

Monthly Servicing Fee

None for first year (introductory)
      After that, $75.00 annually ($6.25 per month).

Additional Card Fee

$29.00 annually (if applicable).

Transaction Fees 

Cash Advance Fee

Penalty Fees 

Late Payment Fee

   Returned Payment Fee

None for first year (introductory).  After that, either $5.00 or 5% of the amount of 
each cash advance, whichever is greater.

Up to $38.00

Up to $38.00

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including new purchases).” See your 
cardholder agreement for more details.  

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is included in the cardholder 
agreement and on the back of your monthly billing statement.

Additional Information Regarding Processing Fee

We require a one-time up front Processing  Fee of $89.00 to be paid in full before your Account is opened.  Once we have 
received and processed your payment of the Processing Fee, your Account will be opened and you may activate and begin 
using your Card.  Refer to the Section entitled “Refund Disclosure” for additional information.

M-121692

Continued

   
Additional Information Regarding Interest Charges and Other Fees

Your Account is subject to the following Interest Charges and Fees, each of which will be charged to your Account as a Purchase 
for the purpose of calculating Interest Charges:

Interest Charges:

Paying Interest Charges.  You agree to pay us Interest Charges on your Account as described herein.  Subject to any grace 
period for new Purchases as described in the next section, Interest Charges will be imposed beginning the date a Purchase or 
Cash Advance is posted to your Account and will continue to accrue until payment is posted. 

How to Avoid Paying Interest Charges on New Purchases (Grace Period).  If you paid the New Balance on your prior monthly 
billing statement by the due date shown on that billing statement, we will not impose any Interest Charges on new Purchases, or 
any portion of a new Purchase, paid by the due date on your current monthly billing statement (which will be at least 21 days from 
the billing cycle closing date).  New Purchases are Purchases that first appear on your current billing statement.  Cash Advances 
are subject to Interest Charges from the date the transaction is posted to your Account.  Unlike Purchases, this means there is 
no time in which you can pay the balance of Cash Advances in order to completely avoid Interest Charges on Cash Advances.  

How We Calculate Interest Charges – Average Daily Balance Method (Including Current Transactions).  Interest Charges 
on Purchases are calculated by applying the monthly periodic rate (shown below) to the average daily balance of Purchases 
(including new Purchases) for each billing cycle.  To calculate the average daily balance of Purchases, we take the beginning 
balance of Purchases each day, add any new Purchases (including Interest Charges and other Fees and charges), and subtract 
any applicable payments and credits.  This gives us the daily balance.  We add up all the daily balances for the billing cycle and 
divide by the number of days in the billing cycle to determine the average daily balance of Purchases.  Interest Charges on Cash 
Advances are calculated by applying the monthly periodic rate (shown below) to the average daily balance of Cash Advances 
(including new Cash Advances).  To get the average daily balance of Cash Advances, we use the same calculation method that 
we use for Purchases.  

Monthly Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE (APR).  Interest Charges for Purchases and Cash 
Advances are calculated at a monthly periodic rate of 2.4992%, which is a corresponding ANNUAL PERCENTAGE RATE (APR) 
of 29.99%.  We calculate the monthly periodic rate by dividing the APR by 12.

Minimum Interest Charge.  In any month in which an Interest Charge is due, if that Interest Charge is less than $.50, we may 
charge you a minimum Interest Charge of $.50.  Notwithstanding the foregoing, during the first 12 months your Account is open, 
any Interest Charges assessed on your Account will be equal to the actual accrued interest.  

Fees:

Annual Fee. Your Account will be assessed an Annual Fee of $75.00 when your Account is opened and $48.00 every twelve 
months thereafter whether or not you use your Account.  The Annual Fee is non-refundable except as provided in Section below 
entitled “Refund Disclosure”.  Your payment of the Annual Fee does not affect our right to close your Account.  The Annual Fee 
will not be billed to your Account after your Account is closed.  The Annual Fee will be pro-rated based on when the Account is 
reopened and the Card is re-issued.       

Monthly Servicing Fee.  Your Account will not be charged a Monthly Servicing Fee for the first year (introductory) following 
Account opening.  Each month thereafter, your Account will be charged a Monthly Servicing Fee of $6.25 per month ($75.00 
annually).  This fee will be billed until your Account is closed and the balance is $20.00 or less.  

Cash  Advance  Fee.    In  addition  to  the  periodic  Interest  Charge  we  assess  on  Cash  Advances,  each  time  you  obtain  a 
Cash Advance, we will impose a transaction fee of $5.00 or 5% of the amount of each Cash Advance, whichever is greater.  
Notwithstanding  the  foregoing,  your  Account  will  not  be  charged  any  Cash Advance  fees  for  the  first  year  (introductory) 
following Account opening.

Late Payment Fee.  If we do not receive payment from you in at least the amount of your Total Minimum Payment Due by the 
due date shown on your monthly billing statement, you will be charged a Late Payment Fee.  The fee will be the lesser of (a) 
$27.00 if you did not incur a Late Payment Fee during any of the prior six billing periods; otherwise $38.00, or (b) your past due 
Total Minimum Payment Due amount. 

Returned Payment Fee.  If any check or other item tendered in payment of the amount due on your Account is returned unpaid for 
any reason, you will be charged a Returned Payment Fee.  The fee will be the lesser of (a) $27.00 if you did not incur a Returned 
Payment Fee during any of the prior six billing periods; otherwise $38.00, or (b) your past due Total Minimum Payment Due 
amount.

Additional Card Fee.  If you authorize us to issue an additional Card for your Account, an Additional Card Fee of $29.00 will be 
imposed annually for each additional Card.  This fee will be assessed at the time you request each Additional Card and annually 
thereafter following each anniversary date of your Account opening, whether or not the additional Card is used.  The Additional 
Card Fee is non-refundable except as provided in Section below entitled “Refund Disclosure”.  The Additional Card Fee will be 
pro-rated the first year based on when the additional Card is issued.

Express Delivery Fee.  We impose a $35.00 fee for the express delivery of your Card.  

Copying Fee.  If you request duplicates of any monthly billing statement or other document, a copying charge of $3.00 per page 
may be imposed, unless the request is made in connection with a bona fide billing error dispute.

 
VISA® CARDHOLDER AGREEMENT

THIS CARDHOLDER AGREEMENT CONTAINS AN ARBITRATION 
PROVISION.    UNLESS YOU ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION  PROVISION,  IT  WILL  HAVE  A  SUBSTANTIAL 
EFFECT  ON  YOUR  RIGHTS  IN  THE  EVENT  OF  A  DISPUTE, 
INCLUDING  YOUR  RIGHT  TO  BRING  OR  PARTICIPATE  IN  A 
CLASS ACTION.

This  cardholder  agreement  (“Agreement”)  contains  the  terms  and 
conditions  under  which  Mid  America  Bank  &  Trust  Company  has 
agreed to establish a Visa® credit card Account (“Account”) for you.  
The accompanying Pricing Disclosures are part of this Agreement.  
This Agreement  contains  our  most  current  terms  and  supersedes 
any prior terms you may have received from us.  Please read this 
Agreement carefully and retain it for your future reference.  

Acceptance of Agreement.  Use of the Card or Account by you or 
an Authorized User shall constitute your agreement to the terms and 
conditions  of  this Agreement.    Whenever  stated  in  this Agreement 
that we may take certain described action, this permits us to do so 
at our sole discretion.

Effective  Date  of  Agreement.    Unless  you  are  a  resident  of  the 
State of New York, this Agreement is effective upon the earlier of (1) 
the  first  Purchase  made  or  Cash Advance  taken  on  your Account, 
and  (2)  the  expiration  of  30  days  from  the  date  we  deliver  this 
Agreement  to  you  if  you  do  not  provide  us  written  notice  of  your 
desire to cancel within this 30 days. If you are a resident of the State 
of New York, this Agreement is not effective until the first Purchase 
made or Cash Advance taken on your Account. In all cases, if any 
Fees  are  required  to  be  paid  prior  to  opening  your  Account,  this 
Agreement will not be effective and your Account will not be opened 
until such Fees are paid in full. You are not obligated to pay any Fees 
or Interest Charges (other than any Fees required to be paid prior to 
opening your Account) until this Agreement is effective.

Defined Terms

“You” and “your” mean each person who applied for the Account, 
each person to whom Mid America Bank & Trust Company issues 
a Card.  

“We,”  “us,”  “our,”  means  Mid  America  Bank  &  Trust  Company, 
Dixon,  Missouri,  and  our  agents,  authorized  representatives, 
successors,  and  assignees  or  other  holders  of  this  Agreement  or 
your Account.  

“Authorized User” means anyone who uses a Card or your Account 
with your consent.  

“Card” means any Visa® credit card issued in connection with your 
Account, including all renewals and substitutions. It also means any 
other access device for your Account we give you that allows you to 
obtain credit, including any Account number.

“Cash  Advance”  means  each  of  the  following  transactions:    (a) 
a  transaction  drawing  upon  your  Account  using  your  Card  and 
PIN  (described  below)  at  an ATM  that  bears  the  Visa®  logo;  (b)  a 
transaction  at  any  participating  Visa®  financial  institution  drawing 
upon  your  Account;  (c)  an  electronic  or  other  transfer  of  funds 

M-121325

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. 

“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.       

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.  

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  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  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 Authorized Users’ credit 
reports. This could include negative information if you do not comply 
with the terms of this Agreement. 

Your Contract With Us

Amendment or Modification.  At any time and subject to applicable 
law, we may change or delete any term of, or add new terms to, this 
Agreement, including without limitation the Interest Charge, Annual 
Percentage Rate, Fees, Total Minimum Payment Due amount, and 
the arbitration provision.  Unless prohibited by applicable law, these 
changed or new terms will apply to any Account balance outstanding 
on the effective date of the change and to all future balances.  When 
required  by  applicable  law,  we  will  notify  you  in  advance  of  any 
changes, deletions or additions.  Our notice will tell you when and 
how the changes will take effect and describe any rights you have in 
connection with the changes. 

Governing Law.  This Agreement and your Account, and any claim, 
dispute  or  controversy  (whether  in  contract,  tort,  or  otherwise)  at 
any  time  arising  from  or  relating  to  your  Account,  this  Agreement 
or  any  transferred  balances,  are  governed  by  and  construed  in 
accordance  with  applicable  federal  law  and,  to  the  extent  not 
preempted by federal law, by the laws of Missouri (without regard to 
internal principles of conflict of laws), but we rely on the provisions of 
Nebraska law with respect to the Fees that apply to your Account as 
authorized by Missouri Revised Statutes Section 408.145.   

Default.    We  may  declare  your Account  to  be  in  default  upon  the 
occurrence of any of the following events:
(a) You  fail  to  make  any  payment  required  under  the  terms  of  this 
Agreement when due;
(b) You fail to comply with any of the terms and conditions set forth 
in this Agreement;
(c) You exceed your credit limit;
(d) You become incapacitated or die;
(e) You provide us with false or misleading information or signatures 
in any respect;
(f) We obtain information that causes us to believe that you may be 
unwilling or unable to pay your debts to us on time;
(g) We in good faith deem Mid America Bank & Trust Company to be 
insecure or believe that the prospect of payment is impaired;
(h) You file for bankruptcy;
(i) You move out of the U.S. or you provide us with a non-U.S. mailing 
address.
(j)  You request an excessive number of replacement Cards.
Upon your default, we can suspend or terminate your ability to use 
your  Card  or  Account,  lower  your  credit  limit,  increase  your  Total 
Minimum Payment Due, demand the return of your Card(s), declare 
your entire balance immediately due and payable, initiate collection 
activity, continue to charge you Interest Charges and Fees as long 
as  your  balance  remain  outstanding,  and  exercise  all  other  rights 
or  remedies  permitted  by  law,  all  without  prior  notice  or  demand 
except as required by law. You promise to pay any collection costs 
and  attorneys’  fees  that  we  incur  as  a  result  of  your  default.  Our 
failure to declare your Account in default does not excuse you from 
performing  all  of  your  obligations  under  this  Agreement,  nor  shall 
such failure constitute a waiver of our rights to declare the Account in 
default and terminate your ability to use the Account and the Card at 
a later time or upon the occurrence of the same or a different event 
of default.  A negative credit report reflecting on your credit record 
may be submitted to one or more credit-reporting agencies if you fail 
to fulfill the terms of your credit obligations.  

Suspending or Closing Your Account.  

We  May  Suspend  or  Close  Your  Account:  We  may  close  or 

suspend your Card or Account and require the return of your Card 
for  any  reason,  including  default,  without  notice  to  you  except  as 
may be required by applicable law. We may terminate your Account 
if you are or become a non-U.S. resident or a resident of New York or 
Wisconsin. Sometimes we close accounts based not on your actions 
or inactions, but on our business needs. If we close your Account, we 
will not be liable to you for any consequences resulting from closing 
your Account or suspending your credit privileges.  

You May Close Your Account: You may cancel your Account at any 
time by notifying us by telephone or in writing. 

If your Account is closed, you are still responsible for any amounts 
due  on  the Account  pursuant  to  the  terms  of  this Agreement  and 
the Account will continue to accrue applicable Interest Charges and 
other Fees and charges until the Account is paid in full.

Refund Disclosure. We will refund your Processing Fee and initial 
Fees (those Fees that are billed at the time of Account opening) if (1) 
you have not used your Card for a Purchase or Cash Advance; and 
(2) you have not made a payment on your Account after receiving 
a  monthly  billing  statement.  We  will  refund  any  partial  payment  of 
the  Processing  Fee  if  you  do  not  open  your Account.    If  you  later 
elect to close your Account and notify us of your election in writing 
within thirty (30) days or one billing cycle (whichever is less) after  an 
Annual Fee appears on your monthly billing statement, the Annual 
Fee  will  be  credited  to  your Account.    Except  as  described  in  this 
paragraph, Fees are generally non-refundable.  If you elect to cancel 
an additional Card and notify us of your election in writing within thirty 
(30) days or one billing cycle (whichever is less) after  an Additional 
Card Fee appears on your monthly billing statement, the Additional 
Card Fee will be credited to your Account.  

Severability.    If  any  provision  of  this  Agreement,  including  any 
portion  of  the  arbitration  agreement  set  forth  below,  is  determined 
to be invalid or unenforceable under any rule, law, or regulation, the 
validity or enforceability of any other provision of this Agreement shall 
not be affected, and in lieu of such invalid or unenforceable provision 
there  shall  be  added  automatically,  as  part  of  this  Agreement,  a 
provision  as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible.  Notwithstanding the foregoing, if a class action litigation 
or a class-wide arbitration is permitted for any reason, either party 
may require that the entire Dispute, as defined in the Section entitled 
“Arbitration” below, be heard by a judge, sitting without a jury, under 
applicable court rules and procedures.

Attorneys Fees and Costs.  Except as may be provided otherwise 
in  this Agreement,  you  agree  to  pay  all  costs  incurred  by  us,  our 
successors  or  assigns,  in  collecting  unpaid  indebtedness  or  in 
enforcing this Agreement, including attorneys fees and costs, as well 
as those costs, expenses and attorneys fees incurred in appellate, 
bankruptcy  and  post-judgment  proceedings,  except  to  the  extent 
such costs, fees or expenses are prohibited by law.

No Waiver by Us.  Subject to applicable law, we reserve the right not 
to impose part or all of any Fee or other amount imposed pursuant 
to  this  Agreement  or  not  to  exercise  any  of  our  rights  under  this 
Agreement,  and  should  we  do  so,  we  will  not  waive  our  right  to 
impose such Fee or amount or exercise such right in the future.

Assignment.  We may sell, assign or transfer all or any portion of 
your Account or any balances due under your Account without prior 
notice to or consent from you.  You may not sell, assign or transfer 
your  Card  or  your  Account  or  any  of  your  obligations  under  this 

Agreement.  This Agreement will be binding on, and benefit, any of 
your and our successors and assigns.

Entire Agreement.  This Agreement, together with your application, 
constitutes the final expression of the credit agreement between you 
and  us  relating  to  your Account  and  supersedes  and  may  not  be 
contradicted by evidence of any prior or contemporaneous oral credit 
agreement between you and us relating to your Account.

No Warranties.  Except as otherwise provided in the Section below 
entitled  “Your  Billing  Rights”,  we  are  not  responsible  for  any  claim 
you might have regarding the purchases of goods or services made 
with your Card. 

Merchant  Refunds.    If  you  are  entitled  to  a  refund  for  goods  or 
services purchased with your Card, you will accept these refunds as 
credits to your Account. We do not control when a merchant sends 
us your refund. We will also have a reasonable amount of time after 
we receive your refund to process it.

Arbitration

READ  THIS  ARBITRATION  PROVISION.  UNLESS  YOU  ACT 
PROMPTLY  TO  REJECT  THE  ARBITRATION  PROVISION 
BY  OPTING  OUT  IN  ACCORDANCE  WITH  PARAGRAPH  b, 
CAPTIONED  “OPT-OUT  PROCESS,”  THE  ARBITRATION 
PROVISION  WILL  BE  PART  OF  THIS  AGREEMENT  AND  WILL 
HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING 
YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, 
IN THE EVENT OF A DISPUTE. 

a.  General:  This Arbitration  Provision  describes  when  and  how 
a Claim (as defined below) may be arbitrated. Arbitration is a 
method  of  resolving  disputes  in  front  of  one  or  more  neutral 
persons, instead of having a trial in court in front of a judge and/
or jury. It can be a quicker and simpler way to resolve disputes. 
Arbitration proceedings are private and less formal than court 
trials. Each party to the dispute has an opportunity to present 
some  evidence  to  the  arbitrator.  The  arbitrator  will  issue  a 
final and binding decision resolving the dispute(s), which may 
be  enforced  as  a  court  judgment. A  court  rarely  overturns  an 
arbitrator’s decision. As solely used in this Arbitration Provision, 
the  terms  “we,”  “us”  and  “our”  mean  not  just  Mid  America 
Bank & Trust Company but also our parent companies, wholly 
or  majority-owned  subsidiaries,  affiliates,  commonly-owned 
companies,  successors,  assigns  and  any  of  these  entities’ 
employees, officers, directors and agents. For purposes of this 
Arbitration  Provision,  these  terms  also  mean  any  other  third 
party  providing  any  goods  and  services  in  connection  with 
your Account, servicing and collection of amounts due on your 
Account, if you name that third party and us as defendants in a 
single proceeding. 

b.  Opt-Out  Process.  If  you  do  not  want  this  Arbitration 
Provision to apply, you may reject it by mailing us a written 
opt out notice which contains your Account number, your 
name  and  address  and  a  signed  statement  that  you  opt 
out of the Arbitration Provision of this Agreement. The opt 
out notice must be sent to us by mail at Mid America Bank 
&  Trust  Company,  PO  Box  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. 

intentional 

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, 
torts,  constitution,  statute, 
fraud  and  other 
regulation,  ordinance,  common  law  and  equity  (including  any 
claim for injunctive or declaratory relief). Despite the foregoing, 
“Claim” does not include any individual action brought by you 
in  small  claims  court  or  your  state’s  equivalent  court,  unless 
such action is transferred, removed, or appealed to a different 
court.  In  addition,  except  as  set  forth  in  the  immediately 
following  sentence,  “Claim  does  not  include  disputes  about 
the validity, enforceability, coverage or scope of this Arbitration 
Provision  or  any  part  thereof  (including,  without  limitation, 
this  sentence,  the  prohibitions  against  class  proceedings, 
private  attorney  general  proceedings  and/or  multiple-party 
proceedings  described  in  paragraph  g,  captioned  “Prohibition 
Against  Certain  Proceedings”  (the  “Class  Action  Waiver”),  or 
the last sentence of paragraph m, captioned “Severability,”); all 
such  disputes  are  for  a  court  and  not  an  arbitrator  to  decide. 
However, any dispute or argument that concerns the validity or 
enforceability of this Agreement as a whole is for the arbitrator, 
not a court, to decide.

d.  Starting or Electing to Require Arbitration: Either you or we 
may  start  an  arbitration  of  any  Claim  or  require  any  Claim  to 
be  arbitrated.  Arbitration  is  started  by  initiating  an  arbitration 
or required by giving written notice to the other party requiring 
arbitration. This notice may be given before or after a lawsuit 
has been started over the Claim and may address any Claims 
brought in the lawsuit, provided that a party may not pursue a 
Claim in a lawsuit and then seek to arbitrate that same Claim 
unless the other party has asserted another Claim in the lawsuit 
or an arbitration. The notice may be in the form of a motion or 
petition to compel arbitration. Arbitration of a Claim must comply 
with this Arbitration Provision and, to the extent not inconsistent 
or in conflict with this Arbitration Provision, the applicable rules 
of the arbitration Administrator. 

e.  Choosing  the  Administrator:  “Administrator”  means  the 
American Arbitration Association (“AAA”), 1633 Broadway, 10th 
Floor,  New  York,  NY  10019,  www.adr.org;  JAMS,  1920  Main 
St. at Gillette Ave., Suite 300, Irvine, CA 92614, www.jamsadr.
com, or any other company selected by mutual agreement of 
the parties. If AAA and JAMS cannot or will not serve and the 
parties are unable to select an Administrator by mutual consent, 
the Administrator will be selected by a court. The party asserting 
the  Claim  (the  “Claimant”)  may  select  the  Administrator. 
Notwithstanding  any  language  in  this  Arbitration  Provision  to 
the  contrary,  no  arbitration  may  be  administered,  without  the 
consent of all parties to the arbitration, by any Administrator that 
has in place a formal or informal policy that purports to override 
the Class Action Waiver.
Court  and  Jury  Trials  Prohibited;  Other  Limitations  on 

f. 

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. 

h. 

IN  AN  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 
(3)  CLAIMS 
IN  COURT  OR 
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.
Location  and  Costs  of  Arbitration:  Any  arbitration  hearing 
that  you  attend  in  person  must  take  place  at  a  location 
reasonably convenient to you, as determined by the arbitrator. 
Each  Administrator  charges  fees  to  administer  an  arbitration 
proceeding and the arbitrator also charges fees. This includes 
fees not charged by a court. If either you or we require a Claim 
to  be  arbitrated,  you  may  tell  us  in  writing  that  you  cannot 
afford  to  pay  the  fees  charged  by  the  Administrator  and/or 
the  arbitrator  or  that  you  believe  those  fees  are  too  high.  If 
your  request  is  reasonable  and  in  good  faith,  we  will  pay  or 
reimburse you for all or part of the fees charged to you by the 
Administrator  and/or  arbitrator. Also,  we  will  pay  these  fees  if 
applicable law requires us to, if you prevail in the arbitration or 
if we must bear such fees in order for this Arbitration Provision 
to be enforced. We will not ask you to pay or reimburse us for 
any  fees  we  pay  the Administrator  or  arbitrator.  We  will  bear 
the expense of our attorneys, experts and witnesses. You will 
bear the expense of your attorneys, experts and witnesses if we 
prevail in an arbitration. However, if you are the Claimant, we 
will pay your reasonable attorney, expert and witness fees and 
costs if you prevail or if we must bear such fees and costs in 
order for this Arbitration Provision to be enforced. Also, we will 
bear any fees and costs if applicable law requires us to do so.

i.  Governing Law: This Arbitration Provision is governed by the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), and not by 
any state arbitration law. The arbitrator must apply applicable 
substantive law consistent with the FAA and applicable statutes 
of  limitations  and  claims  of  privilege  recognized  at  law.  The 
arbitrator is authorized to award all remedies permitted by the 
substantive law that would apply if the action were pending in 
court  (including,  without  limitation,  punitive  damages,  which 
shall be governed by the Constitutional standards employed by 
the courts). At the timely request of either party, the arbitrator 
must  provide  a  brief  written  explanation  of  the  basis  for  the 
award.
Right to Discovery: In addition to the parties’ rights to obtain 
discovery pursuant to the arbitration rules of the Administrator, 
either  party  may  submit  a  written  request  to  the  arbitrator  to 
expand  the  scope  of  discovery  normally  allowable  under  the 
arbitration rules of the Administrator. The arbitrator shall have 
discretion to grant or deny that request.

j. 

k.  Arbitration Result and Right of Appeal: At the timely request 
of either party, the arbitrator shall provide a written explanation 

for the award. Either party may appeal the arbitrator’s decision 
within 30 days to a single arbitrator or a three-arbitrator panel 
selected  in  accordance  with  the  Administrator’s  rules,  which 
shall resolve the Claim without regard to the original decision. 
We will pay the entire cost of an appeal unless we are willing 
to  have  the  appeal  decided  by  a  single  arbitrator  and  you 
insist upon a three-arbitrator panel. In such event, you will be 
responsible for paying your portion of the difference in arbitration 
fees between a single arbitrator and a three-arbitrator panel, as 
determined by the panel. However, we will pay all costs to the 
extent required by law and/or required to enforce this Arbitration 
Provision. The original award or any subsequent award on the 
appeal  described  above  shall  be  final  and  binding,  subject  to 
any further right to appeal provided by the FAA. The arbitrator’s 
award may be entered by any court having jurisdiction.
Rules  of  Interpretation:  This Arbitration  Provision  is  binding 
upon  and  benefits  you,  your  respective  heirs,  successors 
and  assigns.  This  Arbitration  Provision  also  is  binding  upon 
and  benefits  us.  This  Arbitration  Provision  shall  survive  the 
repayment of all amounts owed under this Agreement, any legal 
proceeding  and  any  bankruptcy,  to  the  extent  consistent  with 
applicable  bankruptcy  law.  This Arbitration  Provision  survives 
any termination, amendment, expiration or performance of any 
transaction  between  you  and  us  and  continues  in  full  force 
and  effect  unless  you  and  we  otherwise  agree  in  writing.  In 
the event of a conflict or inconsistency between this Arbitration 
Provision, on the one hand, and the applicable arbitration rules 
or  the  other  terms  of  this Agreement,  on  the  other  hand,  this 
Arbitration Provision shall govern.

l. 

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  Rights  If  You  Are  Dissatisfied  With  Your  Credit  Card 
Purchases

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:
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.

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 Agency if you fail to fulfill the terms of your 
credit obligations. After credit approval, each applicant shall have the 
right to use the Account up to the limit of the Account. 
Delaware  Residents:  Service  charges  not  in  excess  of  those 
permitted by law will be charged on the outstanding balances from 
month to month.
New  York  and  Vermont  Residents:  We  may  obtain  a  consumer 
report  for  any  legitimate  purpose  in  connection  with  your Account 
or your application, including but not limited to reviewing, modifying, 
renewing and collecting on your Account. Upon your request, we will 
inform you of the names and addresses of any Consumer Reporting 
Agencies that have furnished the reports.  New York residents may 
contact the New York State Banking Department (1-877-226-5697) 
to  obtain  a  comparative  list  of  credit  card  rates,  fees  and  grace 
periods.
Ohio  Residents:  The  Ohio  laws  against  discrimination  require 
that  all  creditors  make  credit  equally  available  to  all  credit  worthy 
customers,  and  that  Consumer  Reporting  Agencies  maintain 
separate credit histories on each individual upon request. The Ohio 
Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents: No provision of any marital property 
agreement,  unilateral  statement,  or  court  order  applying  to  marital 
property will adversely affect a creditor’s interests unless prior to the 
time  credit  is  granted,  the  creditor  is  furnished  with  a  copy  of  the 
agreement,  statement,  or  court  order,  or  has  actual  knowledge  of 
that provision.

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