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 

34.99% 
34.99% 

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. 

Program Fee 

Annual Fee 

Monthly Servicing Fee 

$89.00 (one-time fee). 

$75.00 for first year 

After that, $48.00 annually. 

None for first year (introductory) 

After that, $75.00 annually ($6.25 per month). 

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 $39.00 

Up to $39.00 

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 Program Fee 

We require a one-time up front Program Fee of $89.00 to be paid in full before your Account is opened.  Once we have received and processed 
your payment of the Program Fee, your Account will be opened and you may activate and begin using your Card.  Refer to the Section entitled 
information.
for 
“Refund 
Continued
Continued

Disclosure” 

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  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 2.9158%, which is a corresponding ANNUAL PERCENTAGE RATE (APR) of 34.99%. 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) $28.00 if you did not incur a Late 
Payment Fee during any of the prior six billing periods; otherwise $39.00, 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) $28.00 if you did not incur a Returned Payment Fee during any 
of the prior six billing periods; otherwise $39.00, or (b) your past due Total Minimum Payment Due amount. 

Additional Card Fee.  If you authorize us to issue an additional Card for an Authorized User, 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. 

Credit Limit Increase Fee.  After your Account has been open for at least one year, a fee of 20% of the amount of any increase in your credit 
limit may be charged to your Account as a Credit Limit Increase Fee. For example:  if your credit limit is increased by $100, a $20.00 Credit Limit 
Increase Fee will be assessed, which will result in additional available credit of $80.00 on your Account. This fee is automatically assessed 
upon your acceptance of each credit limit increase. 

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 
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VISA® CARDHOLDER AGREEMENT 

any other method of obtaining a cash loan. 

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  The  Bank of Missouri  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 The Bank of Missouri issues a Card. 

“We,” “us,” “our,” means The Bank of Missouri, St. Robert, 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) 

M-127455 

“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.  Through  notification  from  us  or  upon  your 
request, your Account may be reviewed for a credit limit increase after 
being open for at least twelve (12) billing cycles. If you accept a credit 
limit increase offer, a Credit Limit Increase Fee will be assessed to your 
account.  Please  refer  to  the  Pricing  Disclosures  for  more  information 
about the Credit Limit Increase Fee.  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 $39.00 or less, the “Monthly Payment” is the New 
Balance. If the New Balance exceeds $39.00, 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) $39.00. 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  The  Bank  of  Missouri  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 The Bank of Missouri. 
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 cashier’s 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 our authorized 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 an 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. You agree 
that your consent to receive these calls and/or text messages sent to 
your mobile phone may be revoked only by providing written notice of 
your  revocation  to  us  at  the  Notice  address  set  forth  below,  and  that 

such  revocation  notice  will  state  your  name, mailing  address, specific 
telephone number(s) for which the revocation applies, and at least the 
last four digits of your Account number so that we may identify you and 
your Account. 

Visa Account Updater. Accounts with Cards bearing the Visa logo are 
automatically  enrolled  in  the  “Visa  Account  Updater”  feature  required 
by  Visa.  This  feature  enables  the  electronic  exchange  of  Account 
information  between  Visa  and  participating  merchants  to  support 
payment continuity with credential-on-file merchants. Visa will securely 
provide updated credit card information when your Card is re-issued for 
any reason or is closed. To opt-out of the Visa Account Updater feature 
for your Account, if applicable, please contact us by calling the number 
on the back of your Card. 

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 The Bank of Missouri 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 The Bank of Missouri 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,  Wisconsin  or  a  U.S. 
territory.  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. 

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. 

Refund Disclosure. We will refund your Program 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  Program 
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 Provision 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 

   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 The Bank of Missouri 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 The Bank of Missouri, 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  o, 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 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. 

f. 

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.  Public  Injunctive  Relief.  If  a  Claim  is  brought  seeking  public 

injunctive  relief  and  a  court  determines  that  the  restrictions  in   
the  Class  Action  Waiver  and/or  elsewhere  in  this  Arbitration 
Provision prohibiting the arbitrator from awarding relief on behalf 
of third parties are unenforceable with respect to such Claim (and 
that  determination  becomes  final  after  all  appeals  have  been 
exhausted), the Claim for public injunctive relief will be determined 
in court and any individual Claims seeking monetary relief will be 
arbitrated.  In  such  a  case  the  parties  will  request  that  the  court 
stay the Claim for public injunctive relief until the arbitration award 
pertaining to individual relief has been entered in court.  In no event 
will a Claim for public injunctive relief be arbitrated. 
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. 
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. 

i. 

j. 

l. 

k.  Right  to  Discovery:  In  addition  to  the  parties’  rights  to  obtain 
discovery  pursuant  to  the  arbitration  rules  of  the  Administrator, 
either party may submit a written request to the arbitrator to expand 
the  scope  of  discovery  normally  allowable  under  the  arbitration 
rules  of  the  Administrator.  The  arbitrator shall have  discretion  to 
grant or deny that request. 
Arbitration Result 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. 

m.  No  Preclusive  Effect.  No arbitration award involving the parties 
will  have  any  preclusive  effect  as  to  issues  or  claims  in  any 
dispute involving anyone who is not a party to the arbitration, nor 
will  an  arbitration  award  in  prior  disputes  involving  other  parties 
have preclusive effect in an arbitration between the parties to this 
Arbitration Provision. 

n.  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. 

o.  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. 

p.  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: 
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: 

The Bank of Missouri 
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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