These  documents  are  being  provided  to  you  for  informational  purposes  only.    There  are  two  parts  to  our 
Cardholder  Agreement:    The  Pricing  Information  Addendum  and  the  Cardholder  Agreement.    The  Pricing 
Information Addendum shows a range of terms that may be offered on new accounts.  The terms that apply 
to  you  will  differ  depending  on  your  specific  card  offer.    The  Cardholder  Agreement  contains  important 
information related to retail credit cards issued by The Bank of Missouri.  Pricing is accurate as of February 
2019. 

PRICING INFORMATION ADDENDUM 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

Penalty APR  

Paying Interest 

9.9% to 36% Some Purchase APRs will vary with the market based 
on the Prime Rate.  

       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. 

We will begin charging interest on the transaction date.  There is no 
time period in which to avoid paying interest. 

For 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 www.consumerfinance.gov/learnmore. 

Fees 

Annual Fee 

Penalty Fees 

•  Late Payment 

$0 to $99.00 

Up to the maximum fee permitted under Section 12 C. F. R. 
1026.52(b)(1)(ii) ($39 as of January 1, 2019). See monthly statement for 
current fee. 

•  Returned Payment 

      Up to the maximum fee permitted under Section 12 C. F. R.     
      1026.52(b)(1)(ii) ($39 as of January 1, 2019). See monthly statement for  
      current fee. 

How We Will Calculate Your Balance:  We use a method called "average daily balance (including new 
transactions)."  See the additional terms and conditions in your Cardholder Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is 
provided in the additional terms and conditions in your Cardholder Agreement. 

Variable Rate:  Your Periodic Rate(s) and corresponding APR(s) are determined by adding the Prime Rate 
to the Margin set forth above. Monthly Periodic Rate(s) is determined by dividing your APRs by 12. 

 
 
 
 
 
   
 
 
 
 
 
       
 
 
 
CARDHOLDER AGREEMENT 
NY RESIDENTS:  RETAIL INSTALMENT CREDIT AGREEMENT  

U.S.  VIRGIN ISLANDS RESIDENTS PLEASE READ THIS:   The provisions titled “Using Your Account,” Postdated 
Checks,  Restrictive  Endorsements  Checks  and  Other  Disputed  or  Qualified  Payments,”  “Changes  in  Terms,” 
“Assignment; Transfer,” “Arbitration Provision,” and “Billing Rights Notice,” restrict or reduce your rights. 

MILITARY LENDING ACT DISCLOSURE Federal law provides important protections to members of the Armed Forces and their 
dependents relating to extensions of consumer credit.  In general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 36 percent.  This rate must include, as applicable to the 
credit  transaction  or  account:    The  costs  associated  with  credit  insurance  premiums;  fees  for  ancillary  products  sold  in 
connection  with  the  credit  transaction;  any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit 
transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).  To 
hear disclosures related to the Military Lending Act, please call this toll-free number:  1-866-816-6994. 

COVERED  MILITARY  BORROWERS    If  you  are  a  “covered  borrower,”  as  defined  under  the  Military  Lending  Act,  10 U.S.C. 
§ 987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii) 
any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so 
long as you are a “covered borrower.” 

VARIABLE RATE Variable rate loan APR’s vary with the market based on the Prime Rate.  The Prime Rate is the highest bank 
prime loan rate as published by the Wall Street Journal in its Money Rates Section on the 25th day (or the next business day if 
the 25th day is not a business day) of the calendar month preceding the first day of the billing period,  Your Periodic Rate(s) and 
corresponding Annual Percentage Rate(s) for variable rate loans will change if the Prime Rate changes.  If your Periodic Rate(s) 
and corresponding Annual Percentage Rate(s) increase, your interest charges will increase, and your minimum payment may be 
greater.    A  change  in  Periodic  Rate(s)  will  take  effect  the  billing  period  immediately  following  the  publication  of  the  changed 
Prime Rate. SEE PRICING INFORMATION. 

GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”).  In this 
Agreement  and  in  your  monthly  billing  statement  (“Statement”),  “we,”  “us,”  “our”  and  “Bank”  refer  to  The  Bank  of  Missouri,  
including, as applicable, our successors, assignees and representatives.  “You,” “your” and “Cardholder” 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 and a 
Card resulting in this Account.  “Card” refers to any credit card, Account number or other credit access device that we issue to 
you.    Your  Application,  any  Card  carrier  that  we  send  with  your  Card,  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.  This Agreement includes an Agreement to Arbitrate Claims (see “Arbitration 
Provision” below).    

ACCEPTANCE  OF THIS AGREEMENT  Your activation of your  Card, your use of the Account,  or any payment made on the 
Account evidences your acceptance of the terms of this Agreement. 

USING  YOUR  ACCOUNT  You  can  use  your  Card  to  purchase  or  lease  goods  or  services  (including  mail,  telephone  and 
electronic  orders)  from  participating  establishments  (each  a  “Purchase”)  up  to  any  credit  limit  we  may  establish  for  you  (your 
“Credit Limit”).  You may use your Account only for personal, family, or household purposes.  You may not use your Card or your 
Account  for  any  illegal  transaction  or  any  gambling  transaction.    We  may  decline  transactions  for  any  reason,  including:  
operational  matters,  default,  or  suspected  fraudulent  or  unlawful  activity.    Transactions  above  a  certain  dollar  amount  may 
require  authorization  by  us  before  the  transaction  can  be  approved.   We  will  not  be  liable  for  the  failure  to  authorize  credit 
because of operational difficulties or mistakes.  We may limit the number and amount of transactions approved in one day for 
security reasons, without any liability to you.  We are not responsible for any losses associated with a declined transaction. 

HONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating location to honor your Account.   

 
 
 
 
 
 
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.  You promise to make all payments in U.S. 
dollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions. 

YOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit.  We may 
refuse  to  authorize  or  accept  any  transaction  on  your  Account  that  would  cause  you  to  exceed  your  Credit  Limit.    We  may 
establish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit.  If you exceed 
your Credit Limit, 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 up to four (4) business days from the date of receipt to provide for processing 
and verification.  Processing speeds can vary depending on how your payment is cleared.     

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 Limit for your Account from time to time in accordance with this 
Agreement and applicable law.  Certain changes in your Credit Limit may occur 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 Limit,  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 Limit(s) will appear on your Card carrier.  Your current Credit Limit(s) can be 
found on your Statement or provided upon request.  We do not accept Credit Limit increase requests. 

You have the right to receive an answer to a written inquiry concerning the status of your Account.   

SPECIAL TERMS From time to time we may offer special terms in connection with your Account.  These special terms may be 
limited to certain qualifying transactions.  The period of time that special terms may be available may be limited.  Information 
specific to any special terms will be provided at the time of offer.  If you use your Account to enter into a qualifying transaction, 
you will be deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or 
differ from the regular terms of this Agreement.  No formal amendment of this Agreement will be necessary and all terms of this 
Agreement will remain applicable except those inconsistent with the disclosed special terms of the offer.  If at any time you fail to 
comply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation 
you  owe  us,  then  we  may,  in  our  sole  discretion,  immediately  terminate  any  special  offer  terms.    We  will  notify  you  of  the 
termination of any special terms if (and as) expressly required by law. 

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 Limit 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 Limit 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 RATE 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  the  greater  of  (a) 1.66  to  5.91%  of  your  highest 
outstanding New Balance, since your Account was opened or since your New Balance was zero or (b) $30.00 plus (i) the greater 
of (a) any past due amount or (b) any amount by which your New Balance exceeds your Credit Limit.  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. 

Authorization Agreement for Automatic Payments   If you enrolled in the Automatic Payment Plan, you acknowledge and 
agree to the following: (1) You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank 
account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to 
us from time to time (“Bank Account”) in the amount of your required minimum payments.  If you have a Deferred Interest Plan 
and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by 
phone to avoid interest.  See Deferred Interest Balances below  You have the right to receive notice of all electronic fund 
transfers from your  Bank Account that vary in amount, and by enrolling, 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 Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing 
House (ACH) debit is authorized, is a legitimate, open and active account.  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 Bank 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 Bank 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  service@myfortiva.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.  

 
 
 
 
 
 
 
 
Alternative Payment Methods  If you know that we will be unable to process a scheduled automatic payment for any reason, 
then to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown 
on the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service 
that we may make available to you from time to time.  If you make an alternative payment by postal mail or by pay-by-phone or 
on-line service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and 
process your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment 
by the amount of any such additional payment received 

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. Central 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. 

Application  of  Payments    Subject  to  applicable  law,  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. 

Disputed  Payments‒Postdated  Checks,  Restrictive  Endorsement  Checks  and  Other  Disputed  or  Qualified  Payments  
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.  We may also accept late, 
postdated or partial payments without losing any of our rights under the credit agreement governing your Account.  (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. 

INTEREST   

Interest    When  your  Account  has  an  outstanding  balance,  we  will  assess  periodic  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 x.xxx% (corresponding APR of xx.x%).  SEE PRICING INFORMATION. Interest will be imposed in amounts or at rates not in 
excess of those permitted by law.  

Balance Subject To Interest  
We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of 
your  Account.    For  each  type  of  balance,  we  take  the  beginning  balance  each  day  (including  accrued  but  unpaid  interest 
charges), add eligible new transactions and any applicable fees, and subtract the applicable portion of any payments or credits.  
This gives us the daily balances for that type of balance.  Then, we add up all the 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.  There is no time period in which to 
avoid interest on a transaction if a balance is not subject to a special promotion. 

Deferred Interest Balances.   

If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described 
above.    To  avoid  such  interest  you  must  pay  the  total  purchase  amount  and  accrued  fees  and  charges  that  are  subject  to 
deferred  interest  (“Promotional  Balance”)  in  full  by  the  last  day  of  the  promotional  period  as  shown  in  the  Deferred  Interest 
Charge  Calculation  notice  on  the  front  of  your  monthly  statement.    Making  only  minimum  monthly  payments  during  the 

 
 
 
 
 
 
 
 
promotional period will not pay off your Promotional Balance by the last day of the promotional period.  If you do not pay your 
Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the 
last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance. 

FEES 

Annual Fee You agree to pay an Annual Fee of <$25 to $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. 

Unless otherwise stated, the following fees may be added to your Purchase balance:  

Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee of up to the maximum fee 
permitted under Section 12 C. F. R. 1026.52(b)(1)(ii) ($39 as of January 1, 2019). See Statement for current fee. For PR 
residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late.  No Late 
Payment Fee will exceed the amount of the related missed payment. 

Returned Payment Fee   To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to 
pay a Returned Payment Fee of up to the maximum fee permitted under Section 12 C. F. R. 1026.52(b)(1)(ii) ($39 as of January 
1, 2019). See Statement for current fee. No Returned Payment Fee will exceed the amount of the refused or returned payment.   

REFUND OF INTEREST AND FEES   We will credit all interest and fees to your Account 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 all interest and fees charged to your Account.   

CONSENT  TO  RECEIVE  ELECTRONIC  DISCLOSURES    If,  when  you  applied  for  your  Account,  you  agreed  to  receive 
electronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in 
your Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices 
concerning  the  availability  of  Statements  and  other  notices  and  disclosures  to  you  at  the  electronic  mail  address  that  you 
provided in your Application, any updated electronic mail address that you provide to us in writing, a website that we designate or 
otherwise,  as  mutually  agreed.    If  you  subsequently  choose  to  receive  notices  and  disclosures  by  postal  mail  rather  than 
electronically, 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  automatic  dialing  and 
announcing devices which may play recorded messages; and (iv) send text messages to your telephone 

NOTICE  OF  CHANGES  IN  YOUR  ELECTRONIC  MAIL,  TELEPHONE  NUMBER  OR  OTHER  INFORMATION    You  agree  to 
notify us promptly of any change in your electronic mail address, your postal address, your home telephone number, place of 
employment or other information provided in your Application or otherwise provided to us from time to time, including porting a 
landline  telephone  number  to  a  cellular  number  or  VoIP,  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  in  accordance  with  this  Agreement  and  subject  to  the  requirements  of 
applicable law:  (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit 
Limit; or (iv) add new terms or delete or change any terms and conditions 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 Limit 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 and offer 
you the right to reject terms in the manner specified at the time of notice.  No new 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 sell, assign or transfer all or any portion of your Account and all or any portion of our 
rights under this Agreement to any other person without prior notice to you.  You may not  sell, assign or transfer any of your 
rights under this Agreement. 

LOST CARDS AND UNAUTHORIZED USE  Contact us immediately if you believe your Card has been lost or stolen.  
Telephoning is the best way to minimize your possible losses.  If you believe that your Card has been lost or stolen, or that 
someone has made a Purchase on your Account without your permission, call us at 1-800-710-2961. You will not be liable for 
any such unauthorized use that occurs after you notify us.  You may, however, be liable for such unauthorized use that occurs 
before you notify us.  In any case, your liability for such unauthorized use will not exceed $50.   

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. 

Notice of Information Reporting.  We may report information about your Account to credit bureaus.  Late payments, missed 
payments or other defaults on your Account may be reflected in your credit report. 

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.myfortiva.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) 

Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C.  §987, as amended, and except as 
otherwise  stated  below,  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 
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  proceeding  with  JAMS,  please  visit  
http://www.jamsadr.com/rules-streamlined-arbitration;  for  AAA,  visit  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. 

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.  We extend credit from Missouri pursuant to Section 
408.145 of the Missouri Revised Statutes.  You agree that this Agreement 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 from you, in our offices in Missouri.  To the extent not preempted by federal law or subject to 
Missouri  law,  for  purposes  of  state  law  compliance,  we  have  elected  Section  12-103(a)(1)  of  the  Interest  and  Usury 
statute  and  the  Revolving  Credit  Accounts  statute  in  Maryland  (Md.  Com.  Law  Code  § 12-103(a)(1)  and  §§ 12-501 
et seq.). 

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. 

CA RESIDENTS:  Interest is compounded on unpaid amounts.  

 
 
 
 
 
 
 
 
 
MD RESIDENTS:  You have the right under Section 12-510 of the commercial law code to receive an 
answer to your written inquiry regarding the status of your account. 

MO RESIDENTS:  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 statement of the agreement between us, except as we 
may later agree in writing to modify it. 

 NH 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. 

NJ 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.  

WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court 
decree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the 
credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse 
provision when the obligation to the creditor is incurred. 

NY RESIDENTS:  RETAIL INSTALMENT CREDIT AGREEMENT  

BUYER/CARDHOLDER    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 
transmission  of  the  Unique  Approval  Code  above,  if  applicable  and  consummation  of  a  sales  transaction  financed  under  this 
Agreement represents your signature on this Agreement.   

CREDITOR  /s/ THE BANK OF MISSOURI, St. Robert, MO 

REV. DATE: November 2018  

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. 
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.  (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 credit card for the purchase. Purchases made with cash advances from an ATM or with a 

check that accesses your credit card account do not qualify. 

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: 
Account Services Dispute Resolution  
P.O. Box 105374 
Atlanta, GA  30348-5374  
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.