CREDIT AGREEMENT 
NY RESIDENTS:  RETAIL INSTALMENT CREDIT AGREEMENT  

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

<29.99%> 

Penalty APRs and When they Apply 

<29.99%> 

This APR may be applied to your account if you: 

(1)  Make a late payment; or 
(2)  Make a payment that is returned. 

How Long Will the Penalty APR Apply?  If your APR is increased for any of 
these reasons, the Penalty APR will apply until you make six consecutive 
minimum payments when due. 

Paying Interest   

We will begin charging interest on the transaction date.   

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 1 of 9 (rev. 6/30/15) 

 
  
 
 
 
 
 
Fees 
<Transaction Fee><Annual Fee>  
Penalty Fees  

Late Payment Fee 
  Returned Payment Fee 

<None><$49> 

Up to $15  
Up to $20 

How We Will Calculate Your Balance:  We use a method called “average daily balance (including new transactions).” 

Billing  Rights:    Information  on  your  rights  to  dispute  transactions  and  how  to  exercise  those  rights  is  provided  in  your 
account agreement. 

U.S.V.I. RESIDENTS:  PLEASE READ THIS:  The provisions titled “Honoring Your Account,” “Postdated Checks, 
Restrictive Endorsements Checks and Other Disputed or Qualified Payments,” “Changes in Terms” and “Arbitration 
Provision.” 

GENERAL  This Credit Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”).  In this 
Agreement  and  in  your  monthly  billing  statement  (“Statement”),  “we,”  “us”  and  “our”  refer  to  Mid  America  Bank  &  Trust 
Company,  including,  as  applicable,  our  successors,  assignees  and  representatives.    “You,”  “your”  and  “Buyer”  refer  to  the 
person  who  applied  and  was  approved  for  the  Account  and,  as  appropriate,  all  persons  authorized  to  use  the  Account.  
“Application” refers to any (i) written or electronic application that you signed or otherwise submitted for this Account or (ii) oral 
request for credit resulting in this Account.   Your Application, any other written documents (including any electronic record) 
evidencing any transactions made under your Account and any notices that we send to you with your Agreement are part of 
and incorporated into this Agreement.  Please read and keep these documents for your records.  This Agreement begins on 
the  earlier  of  (a) the  date  we  finally  approve  your  Application  for  credit  or  (b) the  first  date  that we  extend  credit  to  you  or 
someone authorized by you on your Account.  

USING  YOUR  ACCOUNT    You  may  use  your  Account  from  time  to  time  to  finance  purchase  transactions  made  at 
participating merchants (“Purchases”) up to any credit limit we may establish for you (your “Credit Line”).  This is the only way 
you may use your Account.  Any use of your Account number to obtain credit will be considered a use of your Account.  

HONORING YOUR ACCOUNT  We are not liable for the failure or refusal of a participating location to honor your Account.  
Although you may have credit available, we will not be liable for the failure to authorize credit due to operational difficulties or 
mistakes.   Transactions  above  a  certain  dollar  amount  may  require  authorization  by  us  before  the  transaction  can  be 
approved.  In addition, we may limit the number and amount of transactions approved in one day for security reasons, without 
any liability to you. 

SPECIAL PAYMENT PLANS  We may from time to time offer you special promotional terms that modify the terms of this 
Agreement with respect to certain Purchases on your Account (“Special Payment Plans”).  The provisions of this Agreement 
apply to any Special Payment Plan, unless otherwise provided in this Agreement or under the Special Payment Plan offering.  
We may terminate your participation in any Special Payment Plan if you are in default under this Agreement, subject to any 
limitations of applicable law.  Default includes, but is not limited to, any payment delinquency whether or not such delinquency 
relates to a Special Payment Plan.  In the event of termination of your participation in any Special Payment Plan:  (i) each 
remaining  balance  will  not  be  treated  as  a  Special  Payment  Plan  Purchase  and  will  be  subject  to  the  standard  provisions 
applicable to such Purchase and (ii) interest that has accrued from the date of purchase on a Special Payment Plan balance, 
if any, may be added to your Account, subject to any limitations of applicable law. 

PROMISE  TO  PAY    You  agree  to  be  bound  by  the  terms  and  conditions  of  this  Agreement.    You  promise  to  pay  for  all 
Purchases and all other amounts owed to us under the terms of this Agreement.   

YOUR CREDIT LINE  You agree not to use your Account in any way that would cause you to go over your Credit Line.  We 
may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Line.  If you 
exceed your Credit Line, you must pay us the excess amount promptly.  We reserve the right not to increase your available 
credit by the amount of any payment received for a period of four (4) business days from the date of receipt to provide for 
processing  and/or  verification.    Your  Account  represents  a  continuing  offer  to  extend  further  credit  to  you  which  may  be 
withdrawn at any time.  We reserve the right to change (to set, increase, decrease or remove) the Credit Line for your Account 
from  time  to  time  in  accordance  with  this  Agreement  and  applicable  law.    Certain  changes  in  your  Credit  Line  may  occur 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 2 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
 
 
 
 
 
 
without  prior  written  notice  to  you  and  may  be  based  upon  factors  including,  but  not  limited  to,  anti-fraud  policies  and 
procedures,  your  record  of  making  timely  payments  and  staying  within  your  established  Credit  Line,  your  credit  score  and 
information contained in  your credit report and your proper maintenance of any checking account used to make automatic 
payments, if applicable. 

If finally approved for an Account, your initial Credit Line will be provided to you upon approval.  Your current Credit Line can 
be found on your Statement or provided upon request.  We do not accept Credit Line increase requests. 

DEFAULT  Unless prohibited by applicable law, you will be in default under this Agreement if you:  (i) do not make at least the 
Minimum Payment on or before the Payment Due Date; (ii) exceed your Credit Line without permission; (iii) tender a check or 
money order in payment of your Account and that payment is returned to us unpaid for any reason; (iv) become subject to 
bankruptcy  or  insolvency  proceedings;  (v) become  subject  to  attachment  or  garnishment  proceedings;  (vi) give  us  any 
misleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any 
term of this Agreement or any other agreement that you have with us.  Subject to any required notice of default and right to 
cure or other limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under 
this  Agreement:  (a) reduce  your  Credit  Line  or  cancel  your  Account;  (b) require  you  to  pay  your  entire  Account  balance 
(including accrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or 
(c) bring an action to collect all amounts owed. 

You agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys’ fees and any collection costs and 
disbursements and court fees related to the collection of your Account.  

PENALTY RATES  If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your 
rates may increase to the appropriate Penalty Rate above.  A Penalty APR will cease to apply if we receive six consecutive 
minimum  monthly  payments  on  or  before  their  respective  payment  due  dates  beginning  with  the  first  payment  due  date 
following the effective date of the increase.   

CANCELLATION  We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust 
the  amount  of  credit  available  to  you  at  any  time,  with  or  without  cause,  subject  to  applicable  limitations  of  law.    We  may 
terminate further transactions on your Account without notice if you change your address to a jurisdiction in which we do not 
make credit available at that time.  You may close your Account by writing to us at Account Services, P.O. Box 105555, Atlanta, 
GA 30348-5555.  The terms of this Agreement will continue to apply to any balance you owe us until you have paid everything 
you owe, including any charges and interest due.  Account cancellation may adversely affect your credit history. 

STATEMENTS    We  will  send  you  a  Statement  for  each  monthly  billing  cycle  in  which  (i) the  balance  of  your  Account 
(including unpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is 
greater  than  $1  (debit  or  credit);  (ii) we  impose  interest  or  a  fee;  (iii) there  is  any  other  activity  on  your  Account  or  (iv) as 
otherwise required by applicable law.  Your Statement will show, among other things, the total minimum payment you must 
make during the billing cycle (the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due 
Date”).  

PAYMENT REQUIREMENTS AND CREDITING  

Minimum Payment  You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date 
shown on the Statement.  You may at any time pay off your entire balance in full or more than the Minimum Payment 
due without incurring any additional charge.  We reserve the right to change your Minimum Payment requirement from 
time to time. The Minimum Payment due each month will be an amount equal to [5.54%] of your highest outstanding New 
Balance as of the end of the month, since your Account was opened or since your New Balance was zero plus (i) any Late 
Payment Fee and Returned Payment Fee billed to your Account in the currency billing cycle and (ii) the greater of (a) any past 
due amount or (b) any amount by which your New Balance exceeds your Credit Line.  If your New Balance is less than your 
Minimum Payment your New Balance is due in full.  You may at any time make additional payments without penalty. 

If your New Balance is less than your Minimum Payment, then your New Balance is due in full.  You may at any time make an 
additional payment without penalty, but any such additional payment will not reduce your next required Minimum Payment.   

Authorization Agreement for Automatic Payments   If you enrolled in the Automatic Payment Plan, you acknowledge and 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 3 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
 
 
 
 
 
agree  to  the  following:  (1) You  authorize  us  to  initiate  electronic  funds  transfers  (EFTs)  by  debit  entries  drawn  on  your 
checking account in the amount you initially specify.  You may specify either (i) the Minimum Payment due or (ii) your New 
Balance, each as shown on your monthly statement.  You have the right to receive notice of all electronic fund transfers from 
your checking account that vary in amount, and by signing this authorization, you agree that your monthly statement will serve 
as your notice of the amount of your monthly payment.  You may change the amount to be deducted or withdrawn at any 
time.  Your new monthly payment will be effective within 3 business days of our receipt of your instruction.  (2) We will initiate 
authorized EFTs each month on or after the Payment Due Date shown on your monthly statement.  (3) You agree that in the 
event any debit is rejected or dishonored we may reinitiate the debit  card account once.  (4) You have provided us with all 
necessary information for the checking account that you wish us to debit.  You agree to notify us promptly if this information 
changes.  (5) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law.  
(6) Once  enrolled,  automatic  payments  will  continue  until  you  notify  us  that  you  wish  to  terminate  your  enrollment  in  the 
Automatic  Payment  Plan,  or  until  we  terminate  your  enrollment.    You  may  terminate  your  enrollment  by  calling  Customer 
Service  at  the  telephone  number  shown  on  your  monthly  statement.    You  must  give  any  notice  of  termination  in  such  a 
manner  and  sufficiently  in  advance  to  allow  us  and  your  financial  institution  a  reasonable  opportunity  to  act.    We  may 
terminate your enrollment if you fail to keep your Account or your checking account in good standing.  Delinquency or closure 
of  either  account,  for  any  reason,  may  result  in  immediate  termination  of  your  enrollment  in  the  Automatic  Payment  Plan.  
Also,  if  there  are  insufficient  funds  in  your  checking  account  to  process  any  payment,  your  enrollment  in  the  Automatic 
Payment  Plan  may  be  terminated  immediately.    (7) We  are  not  responsible  for  any  fees  that  may  be  charged  by  your 
depository institution as the result of your participation in the Automatic Payment Plan.  (8) You have the right to review your 
accounts and to withdraw any privileges previously granted.  (9)  Participation  in  the  Automatic  Payment  Plan  is  not  a 
requirement of continuing credit under your account.  Enrollment in the Automatic Payment Plan is optional. 

Right to Stop Payment and Procedure For Doing So:  If  you  have scheduled monthly payments through the Automatic 
Payment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on 
your monthly statement, by sending an e-mail to cs@fortivaservicing.com or by writing to us at Customer Service--Automatic 
Payment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555.  If you send us an email or write to us, your request 
must reach us at least 5 business days before the scheduled Payment Due Date.  If you call us, we may require you to put 
your request in writing and to deliver your request to us within 14 days after you call.  We may charge you a fee for each stop 
payment request that you give us.  If you tell us to stop a payment at least 5 business days before the Payment Due 
Date and we do not stop payment, we will be liable for your losses or damages.  

Application of Payments  We may apply payments first to unpaid interest and other fees and charges, then to Purchases in 
the order in which they are posted to your Account.  We may apply payments to balances under Special Payment Plans prior 
to non-promotional balances. 

Instructions for Mailed Payments  If you pay by check or other written instrument, all payments, except disputed amounts, 
must be mailed or delivered to us at the address for payments shown on your Statement.  Payments received at the address 
on the payment coupon by 5:00 p.m. Eastern Time, Monday through Friday (except legal holidays) will be credited to your 
Account as of the date received. Payments must be received with the payment coupon (bottom portion) of your Statement in 
the enclosed return envelope. If  payments are received at any other location or without your payment coupon, crediting of 
those payments to your Account may be delayed. Payments must be made to Payment Processing, P.O. Box 790105, St. 
Louis, MO 63179-0105, or any other address designated by us. 

Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments   We may accept late, 
postdated or partial payments without losing any of our rights under this Agreement.  (A postdated check is a check dated 
later  than  the  day  it  was  actually  presented  for  payment.)    We  are  under  no  obligation  to  hold  a  postdated  check  and  we 
reserve the right to process every item presented as if dated the same date received by us or our check processor unless you 
give us adequate notice and a reasonable opportunity to act on it.  Except where such notice and opportunity is given, you 
may not hold us liable for depositing any postdated check.  You agree not to send us partial payments marked “paid in full,” 
“without recourse,” or similar language.  If you send such a payment, we may accept it without losing any of our rights under 
this  Agreement.    All  notices  and  written  communications  concerning  postdated  checks,  restrictive  endorsement 
checks (including any check or other payment instrument that indicates that the payment constitutes “payment in 
full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed 
amount)  or  any  other  disputed,  nonconforming  or  qualified  payments,  must  be  mailed  or  delivered  to  Dispute 
Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 4 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
INTEREST   

Interest  Rate    When  your  Account  has  an  outstanding  balance,  we  will  assess  interest  using  a  monthly  periodic  rate  of 
interest.  The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12.  The monthly periodic 
rate is <0%> (corresponding APR of <0%>).  See also PENALTY RATES above. 

Balance Subject To Interest  Your Account may have more than one type of balance.  We calculate the interest charges on 
your Account by applying the periodic rate to the “average daily balance” for each type of balance.  For each type of balance, 
we take the beginning balance each day, add eligible new transactions and applicable fees, subtract any unpaid interest or 
other finance charges and apply any payments or credits.  This gives us the daily balance for that type of balance.  Then, we 
add up all those daily balances for the billing cycle and divide the total by the number of days in the billing cycle.  This gives 
us the “average daily balance” for that type of balance. 

When Interest Begins To Accrue.  We will begin charging interest on the transaction date. 

Deferred Interest Balances.  If you make a Purchase under a Deferred Interest Plan, to avoid interest you must pay the total 
Purchase amount and other fees and charges that are subject to deferred interest before the end of the promotional period.  
Unless otherwise provided in a Special Payment Plan offering, interest will accrue at your regular APR.  If you do not pay your 
total Purchase amount and other fees and charges in full, then we will add to your Account the amount of interest that has 
accrued from the date of purchase through and including the last day of the promotional period (the deferred interest). 

FEES 

Annual Fee  You agree to pay an Annual Fee of $[49] upon account opening and annually thereafter.  We will impose the 
Annual  Fee  on  your  first  monthly  statement  and  thereafter  on  the  anniversary  date  of  your  Account  until  your  Account  is 
terminated or cancelled, whether or not you incur any interest on the Account.  The Annual Fee is not refundable, except as 
provided below or as otherwise required by applicable law.  

Late Payment Fee  If you fail to make a timely payment, you agree to pay a Late Payment Fee of $15  for payments that are 
over 15 days late.  For PR residents, the lesser of $15 or 5% of the payment due for payments that are over 15 days late. 

Returned Payment Fee   If any payment you make is dishonored or returned, you agree to pay a  Returned Payment Fee of 
$20 if rejected for stopped payment.   

REFUND OF INTEREST AND FEES  We will credit interest and fees to your Account ONLY if you close your account within 
30 days of receiving your initial Agreement and you make no charges to your Account.  After such 30-day period, interest and 
fees  are  no  longer  avoidable  or  refundable  and  you  will  be  responsible  for  paying  any  interest  and  fees  charged  to  your 
Account.   

CONSENT  TO  RECEIVE  ELECTRONIC  DISCLOSURES    When  you  applied  for  your  Account,  you  agreed  to  receive 
electronic notices and disclosures in connection with your Account at the electronic mail address that you provided in your 
Application.  As a result, we may send notices concerning the availability of Statements and other notices and disclosures to 
that electronic mail address or any updated electronic mail address that you provide to us in writing.  If you choose to receive 
notices  and  disclosures  by  postal  mail  instead,  then  you  agree  to  provide  us  with  an  updated  postal  address  in  a  timely 
manner to allow us to comply with any applicable requirements of law. 

MONITORING AND RECORDING  To ensure that you receive quality service, you agree that we may record all phone calls.  
These calls, between you and our representatives, are evaluated by supervisors.  It is our goal to provide prompt, consistent 
assistance and deliver accurate information in a professional manner.  

COMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS   We may contact you 
for  any  lawful  reason,  including  for  the  collection  of  amounts  owed  to  us  and  for  the  offering  of  products  or  services  in 
compliance with our Privacy Notice in effect from time to time.  No such contact will be deemed unsolicited.  To the greatest 
extent  not  prohibited  by  applicable  law,  we  may  (i)  contact  you  at  any  address  or  telephone  number  (including  wireless 
cellular telephone or ported landline telephone number) that you may provide to us from time to time; (ii) use any means of 
communication, including, but not limited to, postal mail, electronic mail, telephone or other technology, to reach you; (iii) use 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 5 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
 
 
 
 
 
 
 
automatic  dialing  and  announcing  devices  which  may  play  recorded  messages;  and  (iv) send  text  messages  to  your 
telephone.  You may contact us at any time to ask that we not contact you using any one or more methods or technologies.  
You may also avoid certain kinds of contacts by using the Opt Out Form attached to our Privacy Notice. 

NOTICE OF CHANGES IN  YOUR ELECTRONIC MAIL OR OTHER ADDRESS, OR  YOUR TELEPHONE NUMBER   You 
agree to notify us promptly of any change in your electronic mail address, your postal address, and primary telephone number 
by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by calling us at 1-800-710-2961. 

CHANGES IN TERMS  We may, at any time and in accordance with this Agreement and applicable law:  (i) terminate 
your right to take future purchases; (ii) change your Credit Line; or (iii) add or delete any term or change any term or 
condition of this Agreement relating to your Account (including changing from a non-variable to a variable periodic 
rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the 
balance upon which interest is assessed or changing the date upon which interest begin to accrue).  Changes that 
are favorable to you may be made at any time without prior notice.  Changes in terms may be based upon factors 
including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying 
within your established Credit Line on your Account with us, your credit score and information contained in your 
credit  report  and  your  proper  maintenance  of  any  checking  account  used  to  make  your  automatic  payments,  if 
applicable. 

When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms.  No new 
or  deleted  term  or  change  in  the  terms  of  this  Agreement  will  affect  your  obligation  to  pay  all  amounts  owing  under  this 
Agreement. 

ASSIGNMENT; TRANSFER  We may assign your Account to any other person.  We may sell, assign or transfer all or any 
portion of your Account and all or any portion of our rights under this Agreement without prior notice to you.  You may not sell, 
assign or transfer any of your Account. 

CREDIT REPORTS AND INFORMATION   

Credit Reports  You authorize us to make or have made any credit, employment or other investigative inquiries we deem 
appropriate to renew, review or collect amounts owed to us on your Account.  We also may obtain follow-up credit reports on 
you for any lawful purpose as long as you have an outstanding balance. 

Information Sharing  You acknowledge and agree that we may share information about you with others in accordance with 
our Privacy Notice (a copy of which we will provide to you and may be obtained from www.fortivaservicing.com as it is in effect 
from time to time).   

Notice  of  Inaccurate  Information    If  you  believe  that  we  have  information  about  you  that  is  inaccurate  or  that  we  have 
reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific 
information that you believe is inaccurate by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555. 

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS) 

Except as otherwise stated below, if you or we so choose, any Claim (as defined below) will be resolved by binding arbitration 
pursuant to (a) this Arbitration Provision and (b) the Code of Procedure of the national arbitration organization to which the 
Claim  is  referred  (as  in  effect  when  the  Claim  is  filed).    Claims  will  be  referred  to  either  Judicial  Arbitration  and  Mediation 
Services  (“JAMS”)  or  the  American  Arbitration  Association  (“AAA”),  as  selected  by  the  party  electing  to  use  arbitration.  
Streamlined arbitration procedures will be used if available.  If a selection by us of one of these organizations is unacceptable to 
you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as 
arbitration administrator.  For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether 
in contract, tort, or otherwise), past, present or future, (collectively, "Claims") as further described below.  (If for any reason a 
selected organization cannot,  will not or ceases to serve as an arbitration administrator, you or we may substitute another 
widely recognized arbitration organization that uses a similar code of procedure and is mutually acceptable to the parties.)   

Right To Reject Arbitration.  You may reject this Arbitration Provision.  If you do so, neither you nor we will have the 
right to engage in arbitration.  Rejecting this Arbitration Provision will have no effect on any of the other provisions in this 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 6 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
 
 
 
 
 
 
Agreement.  To reject this Arbitration Provision, you must send us your written rejection  within 60 days after we open your 
Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, 
P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration.  In your letter, you must give us the following 
information: Name, Address and Account number.  The right to reject granted here applies solely to this Arbitration Provision, 
and not to any other provision of this Agreement, or to any other agreement with us.  In the event of a dispute over whether 
you  have  provided  a  timely  rejection  notice,  you  must  provide  proof  of  delivery.    Neither  party  may  elect  to  arbitrate  an 
individual Claim brought in small claims court (or your state’s equivalent court, if any).  However, if a Claim that is brought in 
small claims court is transferred or appealed to a different court, either party may elect arbitration. 

Significance  of  Arbitration;  Limitations  and  Restrictions.    IF  YOU  OR  WE  CHOOSE  TO  RESOLVE  A  CLAIM  BY 
BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE 
THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN 
INFORMATION  FROM  THE  OTHER  PARTY)  TO  THE  SAME  EXTENT  THAT  YOU  OR  WE  COULD  IN  COURT, 
(iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS  IN A CLASS ACTION, IN 
COURT  OR  IN  ARBITRATION,  RELATING  TO  ANY  CLAIM  SUBJECT  TO  ARBITRATION  OR  (iv) JOIN  OR 
CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN.  OTHER RIGHTS AVAILABLE IN COURT MAY NOT 
BE AVAILABLE IN ARBITRATION.  Except as set forth below, the arbitrator’s decision will be final and binding.  Only 
a  court  may  decide  the  validity  of  items  (iii)  and  (iv)  above.    If  a  court  holds  that  items  (iii)  or  (iv)  are  limited,  invalid  or 
unenforceable, then this entire Arbitration Provision will be null and void.  You or we can appeal any such holding.  If a court 
holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of 
this  Arbitration  Provision  will  remain  in  force.    An  arbitrator  will  decide  all  other  issues  pertaining  to  arbitrability,  validity, 
interpretation and enforceability of this Arbitration Provision.  The decision of an arbitrator is as enforceable as any court order 
and may be subject to very limited review by a court.  An arbitrator may decide a Claim upon the submission of documents 
alone,  or  a  party  may  request  a  telephonic  hearing  if  permitted  by  applicable  rules.    The  exchange  of  non-privileged 
information  relevant  to  the  Claim,  between  the  parties,  is  permitted  and  encouraged.    Either  party  may  submit  relevant 
information, documents or exhibits to the arbitrator for consideration in deciding a Claim. 

Broad Meaning of “Claims.”  The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning 
and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of 
your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, 
(iii) advertisements,  promotions  or  oral  or  written  statements  related  to  your  Account,  including  any  Claims  regarding 
information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our 
parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent 
contractors,  employees,  officers,  directors  or  representatives  arising  from  your  Account  or  this  Agreement  and  (v) Claims 
regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.   

Arbitration Procedure and Costs.  For a copy of relevant codes of procedure, to file a Claim or for other information about 
JAMS and AAA, write them, visit their web site or call them at:  (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or 
info@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 
or  websitemail@adr.org,  http://www.adr.org,  1-800-778-7879.    If  either  party  fails  to  submit  to  arbitration  following  a  proper 
demand  to  do  so,  that  party  will  bear  the  costs  and  expenses,  including  reasonable  attorneys’  fees,  incurred  by  the  party 
compelling arbitration.  Any physical arbitration hearing that you attend will be held in the federal judicial district where you live 
at the time the Claim is filed.  The party initiating the arbitration will pay the filing fee.  You may seek a waiver of the initial 
filing fee or any other fees incurred in arbitration.  If you seek, but do not qualify for, a waiver, we will consider any written 
request by you for us to pay or reimburse you for all or part of such fees.  Each party will pay for its respective attorneys’, 
experts’ and witness fees, regardless of which party prevails in the arbitration.  A party may recover any or all expenses from 
another  party  if  the  arbitrator,  applying  applicable  law,  so  determines.    Allocation  of  fees  and  costs  relating  to  appeals  in 
arbitration  will  be  handled  in  the  same  manner.    For  an  explanation  and  schedule  of  the  fees  that  apply  to  an  arbitration 
visit 
proceeding  with 
http://www.adr.org/consumer_arbitration.  The appropriate fee schedule in effect from time to time is hereby incorporated by 
reference into this Arbitration Provision.  The cost of arbitration may be higher or lower than the cost of bringing your Claim in 
court, depending upon the nature of your Claim and how the arbitration proceeds.  Having more than one Claim and holding 
face-to-face hearings can increase the cost of arbitration.  Again, neither you nor we will be permitted to arbitrate claims on a 
class-wide (that is, on other than an individual) basis.  An arbitration proceeding can decide only your or our Claims.  You 
cannot join other parties (or consolidate Claims) except with respect to persons who use your Account. 

http://www.jamsadr.com/rules-streamlined-arbitration; 

for  AAA, 

please 

JAMS, 

visit 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 7 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
Governing Law for Arbitration.  This Arbitration Provision is made pursuant to a transaction involving interstate commerce, 
and will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any other 
governing law provision in this Agreement.  The arbitrator will apply applicable substantive law consistent with the FAA and 
applicable statutes of limitations and will honor claims of privilege recognized at law.  Judgment upon any arbitration award 
may  be  entered  and  enforced,  including  without  limitation  by  garnishment,  attachment,  foreclosure  or  other  post-judgment 
remedies, in any court having jurisdiction.  The arbitrator’s decision will be final and binding, except  for any right of appeal 
provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the selected 
arbitration administrator.  The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) 
any aspect of the initial award requested by the appealing party.   

Continued  Effect  of  Arbitration  Provision.    This  Arbitration  Provision  will  continue  to  govern  any  Claims  that  may  arise 
without regard to any termination or cancellation of your Account.  If any portion of this Arbitration Provision (other than the 
provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will 
not invalidate the remaining portions  of this Arbitration  Provision.   If a conflict or inconsistency arises between the code of 
procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.  

DELAY IN ENFORCEMENT  We can delay or waive enforcing any of our rights under this Agreement or under applicable law 
without losing any of those rights or any other rights.  Even if we do not enforce our rights or remedies at any one time, we 
may enforce them at a later time. 

SEVERABILITY   Except as otherwise expressly provided in the  Arbitration Provision, if any provision of this Agreement is 
finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement 
shall still be valid and enforceable. 

ENTIRE AGREEMENT  This Agreement, including any other written, oral or electronic document incorporated into and made 
a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior 
or contemporaneous agreement between you and us relating to your Account.  Unless otherwise clearly indicated, if there is 
any conflict between any one of these documents and this Agreement, the terms of this Agreement control.  This Agreement 
may not be amended except in accordance with the other provisions of this Agreement.  

GOVERNING LAW FOR CREDIT  This Agreement, and any claim, dispute or controversy (whether in contract, tort, or 
otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with 
applicable  federal  law  and,  to  the  extent  not  preempted  by  federal  law,  the  laws  of  Missouri  (without  regard  to 
internal  principles  of  conflict of  laws),  except  that the  arbitration  provision  is  governed  by  the  Federal  Arbitration 
Act,  9 U.S.C.  §§ 1  et  seq.    The  legality,  enforceability  and  interpretation  of  this  Agreement  and  the  amounts 
contracted for, charged and reserved under this Agreement will be governed by such laws.  You agree that this loan 
is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all 
proceeds from, impose all fees and charges in and receive all payments in our offices in Missouri.   

NOTICE:    ANY  HOLDER  OF  THIS  CONSUMER  CREDIT  CONTRACT  IS  SUBJECT  TO  ALL  CLAIMS  AND  DEFENSES 
WHICH  THE  DEBTOR  COULD  ASSERT  AGAINST  THE  SELLER  OF  THE  GOODS  OR  SERVICES  OBTAINED 
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.  RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT 
EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.   

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY 
FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.  
NOTICE TO THE BUYER  

1.  DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.   
2.  YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.   
3.  YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE. 

MISSOURI, NEBRASKA and UTAH RESIDENTS:  This written agreement is the final expression of the agreement between 
the creditor and debtor.  A credit agreement must be in writing to be enforceable.  Oral agreements or commitments to loan 
money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such 
debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any 
agreements we reach covering such matters are contained in this writing, which is the complete and exclusive 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 8 of 9 (rev. 6/30/15) 

 
 
 
 
 
 
 
 
 
statement of the agreement between us, except as we may later agree in writing to modify it. 
NEW HAMPSHIRE RESIDENTS:  This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action 
against you involving this Agreement.  Reasonable attorney's fees will be awarded to you if you prevail in any action, suit or 
proceeding brought by us; or an action brought by you.  If you successfully assert a partial defense or set-off, recoupment or 
counterclaim to an action brought by us the court may withhold from us the entire amount or such portion of the attorney fees 
as the court considers equitable. 
NEW JERSEY RESIDENTS:  Because certain provisions of this agreement are subject to applicable law, they may be void, 
unenforceable or inapplicable in some jurisdictions.  None of these provisions, however, is void, unenforceable or inapplicable 
in New Jersey.  
NY RESIDENTS:  RETAIL INSTALMENT CREDIT AGREEMENT  
BUYER  Your name and address, our name and address and the date on any Application or any other document or record 
you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your name 
and address, our name and address, and the date on this Agreement.  The electronic record of your consummation of a sales 
transaction financed under this Agreement represents your signature on this Agreement.   
CREDITOR  /s/ MID AMERICA BANK & TRUST COMPANY, Rolla, Missouri 

BILLING RIGHTS NOTICE 

Your Billing Rights: Keep This Document For Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If you think there is an error on your statement, write to us at: 
Account Services Dispute Resolution 
P.O. Box 105374 
Atlanta, GA  30348-5374  
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 appeared on your statement. 
 

At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you 

think is wrong. 

You must notify us of any potential errors in writing.  You may call us, but if you do we are not required to investigate any 

potential errors and you may have to pay the amount in question. 
What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1.  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: 

The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 

  We cannot try to collect the amount in question, or report you as delinquent 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 
and  fees.   We  will  send  you  a  statement  of  the  amount  you  owe  and  the  date  payment  is  due.   We  may  then  report  you  as 
delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within  10 days telling us that you still 
refuse to pay.  If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill.  We must 
tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter 
has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is 

correct. 

263-401  51403 (w/annual fee for all states, PR & USVI) 

Page 9 of 9 (rev. 6/30/15)