EMBLEM® MASTERCARD® 
CREDIT CARD PROGRAM 

IMPORTANT INFORMATION: 

  CONSUMER IDENTIFICATION PROGRAM 

NOTICE (Important Information About Procedures for 
Opening a New Account) 

  BANK CREDIT CARD AGREEMENT 

  SUMMARY OF TERMS 
  AGREEMENT TO ARBITRATE CLAIMS 
(Including the Right to Reject Arbitration at 
Account Opening) 
  STATE NOTICES 
  BILLING RIGHTS NOTICE 

INFORMATION  ABOUT  PROCEDURES  FOR 

CUSTOMER IDENTIFICATION 
PROGRAM 
IMPORTANT 
OPENING A NEW ACCOUNT 
To help the government fight the funding of terrorism and  money 
laundering activities, Federal law requires all financial  institutions 
to obtain, verify, and record information that identifies  each person 
who opens an account. What this means for you: When you open 
an  account,  we  will  ask  for  your  name,  street  address,  mailing 
address,  date  of  birth,  and  other  information  that  will allow  us  to 
identify you.  We may also ask to see your driver’s  license or other 
identifying documents. 

BANK CREDIT CARD AGREEMENT 
(NY Residents: RETAIL INSTALMENT CREDIT 
AGREEMENT) 
Nonnegotiable Consumer Note 

This Bank Credit Card Agreement (“Agreement“) controls the  use of 
your EMBLEM® MasterCard® bank credit card  account (“Account”). 
Read it and keep it for your reference. Except  as otherwise provided 
in  this  Agreement  and  subject  to  applicable law, this Agreement 
may  be  changed  at  any  time  beginning  twelve  (12)  months  after 
Account opening in accordance with the Change of Terms paragraph 
in the OUR RIGHTS AND  HOW THEY AFFECT YOU section of this 
Agreement. This  Agreement also includes an Agreement to Arbitrate 
with  a  right  to reject  arbitration.    See  “ARBITRATION PROVISION 
(AGREEMENT  TO 
ARBITRATE CLAIMS)” below. 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 
(AGREEMENT  TO  ARBITRATION  CLAIMS”  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. In 
this Agreement, the words “you,” “your,” and “Cardholder” refer to all 
persons who were expressly approved by us to use the Account. The 
words “we,” “us,” and “our” refer to The Bank of Missouri, St. Robert, 
Missouri our successors and assigns. The  words “Card”  or  “Cards” 
refer  to  the  credit  card  that  we  issue  to  you. The word “Account” 
means  an  individual  or  joint  credit  card  account.  The  use  of  your 
Account number to obtain credit will  be considered a use of the Card. 
The  following  items  are  now  incorporated  into  this  Agreement  and 
made a part of  this Agreement: 

(1) Any  application,  acceptance  certificate  or  other  written 
document (including an electronic record) that you originally signed 
or submitted in any way for this Account  (your “Application”); 
(2) The Card and card carrier that we send with your Card; and 
(3) Your signature (including any electronic or digital signature) on 
any Application, sales slip or other evidence of  indebtedness on 
your Account. 

SUMMARY OF TERMS 
Interest Rates and Interest Charges 

19.99% 

0%* 

21.99% 

24.99% 

This APR may be applied to your account if you 
do not pay the required minimum payment by 
its due date for two consecutive billing cycles. 
How long will the Penalty APR apply?:  If 
your APRs are increased for the reason stated 
above, the Penalty APR will apply until you 
make six consecutive minimum payments 
when due. 

Your due date is at least 25 days after the 
close of each billing cycle. We will not charge 
you any interest on purchases if you pay your 
entire balance by the due date each month. We 
will begin charging interest on cash advances 
and balance transfers (other than a Special 
Balance Transfer, which is not subject to interest) 
on the transaction date.  
If you are charged interest, the charge will not 
be less than $2.50. 

To learn more about factors to consider 
when applying for or using a credit card, 
visit the website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore/ 

Annual 
Percentage 
Rate (APR) 
for 
Purchases 

APR  for 
Special 
Balance 
Transfer 

APR for 
Cash 
Advances 
and other 
Balance 
Transfers 

Penalty 
APR and 
When it 
Applies 

Paying 
Interest 

Minimum 
Interest 
Charge 

For Credit 
Card Tips 
from the 
Consumer 
Financial 
Protection 
Bureau 

Fees 

Annual Fee 

Transaction 
Fees 
  Balance 
Transfer 

  Cash 

 

Advance 
Foreign 
Transaction 

Penalty Fees 
Late 
 
Payments 
  Returned 
Payment 

None (Initial 1 year from card issuance 
date) 
$45 (After 1 year from card issuance 
date) 

None 

Up to 5% of the amount of each 
cash advance (maximum fee; $50); 
1% of each foreign transaction in 
U.S. dollars 

Up to $25 (varies by state; see below) 
Up to $25 (varies by state; see below) 

Billing Rights: Information on your rights to dispute transactions 
and  how  to  exercise  those  rights  is  provided  at  the  end  of  this 
document. 
How We Will Calculate Your Balance: We use a method  called 
“average  daily  balance  (including  new  purchases).”  See Details 
below. 
*No Interest Charge (including any Penalty APR) or per transaction 
Cash Advance Fee will apply to any  remaining Program Balance 
(“Special  Balance  Transfer,”  if  any)  that  is  transferred  to  an 
EMBLEM® MasterCard® credit    card  account  (for  the  life  of  the 
balance).  Any  other  balance  transfer  will  be  treated  as  a  Cash 
Advance under this Bank Credit  Card Agreement. 

** No annual fee will be applied (at any time) if a Program Balance 

remains. 

Periodic Rates with Corresponding APRs 

Purchase 
Periodic 
Rate 

Cash 
Advance 
Periodic 
Rate 

Penalty 
Periodic 
Rate 

Special 
Balance 
Transfer 
Periodic 
Rate* 

1.6658% 
(correspond- 
ing APR of 
19.99%) 

1.8325% 
(correspond- 
ing APR of 
21.99%) 

0.00% 
(correspond- 
ing APR of 
0.00%) 

2.0825% 
(correspond- 
ing APR of 
24.99%) 

Penalty  Rate:  If  we  do  not  receive  your  required  minimum 
payment within 60 days of its due date, your Purchase and  Cash 
Advance rates (but not your Special Balance Transfer rate)  may 
increase to the Penalty Rate.   The Penalty APR will cease t o  

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to  members  of 

law  provides 
the  Armed  Forces  and 

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. 
important 
Military  Lending  Act:   Federal 
protections 
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:  877-345-0151 
Effective Date of This Agreement: This Agreement begins  on 
the earlier of (i) the date that your request for a Card and Account 
is approved by us or (ii) the first date that we extend credit to you 
on  your  Account,  as  evidenced  by  a  signed  sales  slip  or 
memorandum, a cash advance or balance transfer transaction, or 
otherwise  (in  NY,  the  first  date  that  you  sign  a  sales  slip  or 
memorandum). 
Signature;  Acceptance  of  This  Agreement:    You    agree that 
any  action  taken  by  you  in  activating  your  Card,  making  a 
payment  on  your  Account  or  initiating  any  transaction  on  your 
Account will constitute your signature on this Agreement. 
Your Credit Limit: You agree not to use your Account in   any 
way  that  would  cause  you  to  go  over  the  maximum  amount  of 
credit available to you at the moment you initiate a transaction on 
your Account (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 temporarily agree to allow you 
to exceed your Credit Limit; however, in that case you must repay 
the excess amount immediately. 
We  reserve  the  right  to  change  (to  set,  increase,  decrease  or 
remove) the Credit Limit for your Account and/or for specific types 
of Account balances from time to time. Such changes 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  the 
established Credit Limit on your account with us, your credit score 
and information contained in your credit report. 
Your Credit Limit can be found on your latest periodic  statement 
or provided  upon  request.  You may not  request  an increase in 
your Credit Limit, but you may at any time request a decrease in 
your Credit Limit.  
Using  Your  Card  or  Account:  You  can  use  your  Card  to 
purchase  or  lease  goods  or  services  (including mail, telephone 
and  electronic  orders) 
from  participating  establishments 
(“Purchase”). You also can use your Card to obtain a cash  loan 
(“Cash Advance”) by presenting your Card to any institution  that 
accepts the Card for that purpose or by making a withdrawal of 
cash at an ATM. Transactions made with your Account for things 
like money orders, deposits, wire transfer money orders, travelers 
cheques, foreign currency and other similar transactions, will  be 
treated  as  Cash  Advances.  They  are  sometimes  called  “quasi- 
cash” transactions. 

You may use the 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  will  decline 
identifiable gambling transactions. 
We  may  refuse  to  authorize  or  accept  any  transaction  on  your 
Account if your Account is delinquent. 
Promise to Pay: You promise to pay us for all transactions,  plus 
Interest,  fees  and  other  charges  due,  on  your  Account.  You 
promise to make all payments in U.S. dollars and that all checks or 
other items submitted in payment will be drawn on  U.S. financial 
institutions. 
Monthly  Statements:  We  will  send  you  a  statement  under  the 
following circumstances: 
(1)  At  the  end  of  each  monthly  period  of  approximately  30  days 
(“Billing Cycle”) if there is a debit or credit balance on  your Account 
of $1 or more; 
(2)  If  we  assessed  a  Finance  Charge  on  a  balance  in  your 
Account; or 
(3) As otherwise required by applicable law. 
Minimum  Payment:  The  minimum  required  payment  on  your 
Account for each Billing Cycle (“Minimum Payment”) is the sum of 
(i) the  greater  of  (a)  one  percent  (1%)  of  your  total  outstanding 
Account  balance  on  the  Billing  Cycle  Closing  Date  (your  “New 
Balance”)  or  (b)  $15;  plus  (ii)  any current  billed  periodic  Interest 
charges; plus (iii) any Late Payment Fee billed to your Account  in 
the current Billing Cycle; plus (iv) 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  pay  any  or  all  of  the  amounts  you  owe  at  any  time 
without  penalty.  You  must  pay  at  least  the  Minimum  Payment 
within 25 days of the Closing Date of the Billing Cycle (shown  as 
the “Payment Due Date” on your statement). 
(4)  Application  of  Payments:  We  will  apply  payments  to  your 
Account in accordance with applicable law. If you make  a payment 
in  excess  of  the  required  minimum  payment,  we  must  apply  the 
excess  amount  first  to  your  balance  with  the  highest  annual 
percentage rate. 
Payments are posted to your Account upon receipt; however,  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.  To  speed  this  payment  process,  we  make  a 
convenient  expedited  pay-by-phone  service  available  to  our 
customers. A small fee may be charged when you use this optional 
payment method. 
HOW FINANCE CHARGES ARE DETERMINED 
Your finance charge will include the following, as applicable: (i)  a 
per transaction finance charge (Cash Advance Fee) as shown  in 
the  Summary  of  Terms  above  for  each  Cash  Advance  posted 
during  a  Billing  Cycle  and  (ii)  your  periodic  Interest  charge.  We 
compute periodic Interest charges applying the  applicable Monthly 
Periodic  Rate  to  (a)  your  Average  Daily  Balance  of  Cash 
Advances,  (b) your  Average  Daily  Balance  of  Purchases   and 
(c) the  respective  average  daily  balances  for  any  other  types  of 
balances that are subject to different  APRs.  Again, any remaining 
Program Balance (Special Balance Transfer) that  is transferred to 
your EMBLEM® MasterCard  ® credit  card account will  not  accrue 

any finance charge (including any Penalty APR or Cash Advance 
Fee) for the life of the balance. 
Calculating the Balance Subject to Interest: We calculate  the 
balance  subject  to  Interest  using  the  “Average  Daily  Balance 
(including  new  transactions)”  method  (“ADB”).  We  calculate  the 
ADB separately for each type of balance. To get each ADB,  we 
take  the  beginning  balance  of  your  Account  each  day  for  each 
type  of  balance,  including  accrued  but  unpaid  Interest  charges 
attributable to such balance, add any new transactions as of  the 
date of transaction, including any applicable Cash Advance  Fees 
as of the date each Cash Advance posts with us, and subtract the 
applicable  portion  of  any  payments  and  credits  as  of  the  date 
those post with us. This gives us the daily balance for each  type of  
balance.   Then  we  add  together  the  daily  balances  for the 
Billing Cycle for each type of balance and divide the total by the 
number of days in the Billing Cycle. This gives us the ADB for each 
type  of  balance.  Annual  Percentage  Rate  (APR)  and  Monthly 
Periodic Rate: The applicable Monthly Periodic Rate is equal to 
1/12 of  the corresponding APR. The Monthly Periodic Rate  (and 
corresponding APR) for each type of balance is shown above. 
When Interest Charges Begin to Accrue: Subject to any  grace 
period, periodic Interest charges on Purchases will be imposed at 
the applicable Monthly Periodic Rate from the date  each Purchase 
is made and will continue to accrue on unpaid balances as long as 
they remain unpaid. You will have a 25-day grace period  to  repay 
your  new  balance  before  an  Interest  charge  on Purchases  will 
be  imposed  if  your  Previous  Balance  is  (i) zero, 
(ii) a credit balance, or (iii) paid in full by the “Payment Due Date” 
shown  on  your  monthly  billing  statement.  Interest  on  Cash 
Advances (in addition to Cash Advance Fees) will be imposed  at 
the  applicable  Monthly  Periodic  Rate  from  the  date  of  each 
transaction and will continue to accrue on unpaid balances  as long 
as they remain unpaid. There is no time period within  which to pay 
to  avoid  periodic  Interest  charges  on  Cash  Advances.  The 
minimum FINANCE  CHARGE  you  will  be  required to  pay  in  any 
billing cycle that has Finance Charge due is $2.50. 
ACCOUNT FEES: The fees and charges that may be applied  to 
your Account are set forth in the Summary of Terms above. 
Late Payment Fee: If you do not make your Minimum Payment on 
or  before  the  Payment  Due  Date,  we  will  apply  a  Late  Payment 
Charge of up to $25 ($15 in IA) if payment is more than 5 days late. 
Returned Check Fee:  If any check or money order in payment of 
your  account  is  returned  to  us  unpaid  for  any  reason,  we  will 
apply a returned check fee of up to $25 ($15 in IA) to your Account. 
Annual  Fee:  Your account may be assessed an annual  fee    of 
$25 starting 24 months after card issuance date. 
Foreign  Transaction Fee: We  will  impose  a fee  of  one  percent 
(1%) on each (original and reversed) international purchase, credit 
voucher,  and  cash  disbursement 
(including 
international transactions made in U.S. dollars). This fee is a pass-
through of a fee imposed by the card association. 
OUR RIGHTS AND HOW THEY AFFECT YOU 
Telephone  Monitoring  and  Recording:  From  time  to  time,  we 
may monitor and/or record telephone calls regarding  your Account 
with  us  to  assure  the  quality  of  our  service,  and  you agree to 
any such monitoring or recording. 
Communicating With You; Consent to Contact by  Electronic 
and  Other  Means:  You  agree  that  we  or  our  servicers,  agents, 
contractors, successors, or assigns may contact you as provided 
in  this  paragraph.  We  may  contact  you  for  any  lawful  reason, 

transaction 

including  for  the  collection  of  amounts  owed  to  us  and  for  the 
offering  of  products  or  services  in  compliance  with  our  Privacy 
Policy  in  effect from time  to time.  No  such contact  will  be deemed 
unsolicited.  We  may  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. We 
may use any means of communication, including, but not limited to, 
postal mail, electronic mail, telephone or  other technology, to reach 
you. You agree that we may use  automatic dialing and announcing 
devices  which  may  play  recorded  messages.   We  may  also  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. 
Refunds: If a seller agrees to give a refund, you agree to  accept 
a credit on your Account instead of a cash refund. 
Postdated  Checks,  Restricted  Endorsement  Checks  and 
Other  Disputed  or  Qualified  Payments:  We  can  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 post  dated 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,  restricted 
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  Emblem 
Cardholder Services, PO BOX 89210 Sioux Falls, SD 57109. 
Credit Reports and Information: You authorize us to make  any 
credit,  employment,  or  other  investigative  inquiries  we  deem 
appropriate  to  extend  you  credit  or  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 Policy in effect from time to time. We will provide a copy of 
our current Privacy Policy to you 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 Emblem  Cardholder 
Services, PO BOX 89210 Sioux Falls, SD 57109. 
Collection and Default: Unless prohibited by applicable law, your 
Account is considered to be in default if: 
(1) You do not make at least the Minimum Payment on or  before 
the Payment Due Date; 
(2) You try to exceed, or do exceed, your Credit Limit; 
(3) You file bankruptcy or insolvency proceedings; 
(4) You  become  subject 

to  attachment  or  garnishment 

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proceedings; 
(5) You give us any false information or signature; 
(6) You die; or 
(7) You fail to comply with any portion of this Agreement. 
Subject  to  any  notice  of  default  and  right  to  cure  or  other 
restriction  of  applicable  law,  if  you  are  in  default,  we  may 
declare the entire balance due immediately. 
Change of Terms: Your Account is a continuing offer to extend 
further  credit  to  you  that  we  may  end  at  any  time.  Except  as 
otherwise provided in this Agreement and  subject to applicable 
law, we may, at any time beginning twelve  (12) months after 
Account opening, add, change or remove  any of the terms 
and conditions of this  Agreement.  A change 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. We will 
mail  written notice of  a change to you  when and in the manner 
required by applicable law. Subject to the limitations of applicable 
law,  as  of  the  stated  effective  date,  the  changed  or new terms 
will  apply  to  new  Purchases,  Cash  Advances  and  other 
transactions. 
Delay in Enforcement: We can delay enforcing our rights  under 
this Agreement without losing them. 
OTHER PROVISIONS 
Transfer  and  Termination  of  Your  Account:  You  may  not 
transfer your Account to any other person. We may assign  your 
Account to any other person at any time. We may terminate your 
Account if you are or become a non-U.S. resident or a resident of 
Illinois,  Indiana,  Massachusetts,  Maine,  North  Carolina, Rhode 
Island, West Virginia or any U.S. territory. Either you or we  may 
terminate or suspend your credit privileges at any time. Upon our 
request, you agree to destroy your Card immediately. 
Account Cancellation and Fee Refund: You may ask that we 
close your Account at any time by notifying us in writing.  Except 
as  provided  below,  you  will  remain  responsible 
for  all 
transactions,  periodic  Interest  charges,  and  other  fees  and 
charges, charged to your Account until paid in full. We will  credit 
fees to your Account ONLY IF (i) you close your Account within 
30 days of Account opening and (ii) you make no new  Purchase 
or  Cash  Advance  transactions  on  your  Account  after  opening. 
After  this  30-day  period,  all  fees  are  no  longer  avoidable  or 
refundable. 
for 
Foreign  Currency  Conversion:  If  you  use  your  Card 
the 
transactions 
than  U.S.  dollars, 
transactions  will  be  converted  to  U.S.  dollars  under 
the 
appropriate current card association regulations. The exch ange 
or currency conversion rate between the transaction currency and 
the  billing currency  will  be  either (i) a  rate selected  by the  card 
association  from  the  range  of  rates  available  in  wholesale 
currency  markets  for  the  applicable  central  processing  date, 
which  rate  may  vary  from  the  rate  the  card  association  itself 
receives,  or  (ii)  the  government-mandated  rate  in  effect  for  the 
applicable  central  processing  date.  The  exchange  or  currency 
conversion  rate  on  the  transaction  processing  date    may differ 
from the rate in effect at the time of the transaction or the date the 
transaction  is  posted to  your  Account.  You  agree to  accept  the 
converted amount in U.S. dollars. 
Honoring  Your  Card:  We  are  not  accountable  if  a  merchant, 

in  a  currency  other 

ATM  or  other  institution  does  not  honor  your  Card,  or  if  it 
malfunctions there. Although you may have credit available, we are 
not liable if credit is not authorized or approved, whether because 
of  operational  difficulties,  mistakes  or  otherwise.  Transactions 
above a certain dollar amount may require special 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. 

Notices; Change of Address, Employment or Telephone:  We 
will send all written notices and statements to your address as  it 
appears  on  our  records.  To  avoid  delays  and missed  payments 
that  could  affect  your  credit  standing,  you  agree  to  advise  us 
promptly if you change your mailing address, place of employment, 
telephone number or other contact  information, including, but not 
limited to, porting a landline telephone number to a cellular phone. 
You represent and agree that for purposes of imposing fees and 
charges,  the  mailing  address  on  your  statement  is  your  state  of 
residence. 
Severability: In the event that any provision of this Agreement is 
determined  to  be  invalid  or  unenforceable  for  any  reason,  the 
validity or enforceability of any other provision of  this  Agreement 
will  not  be  affected,  and  in  lieu  of  such  invalid  or  unenforceable 
provision  there  will  be  added  automatically,  as  part  of 
this 
Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and 
enforceable, if possible. 
No Waiver  By  Us: We  reserve the  right,  at  any  time  and  in  our 
sole discretion, not to impose part or all of any fee or other amount 
imposed  pursuant  to  this  Agreement  or  not  to  exercise any of 
our other rights under this Agreement. If we exercise  the foregoing 
right, we will not waive our right to impose any such  fee or other 
amount  or  our  right  to  exercise  the  foregoing  right  or  any  other 
rights, in the future. 
Entire  Agreement;  Interpretation:  This  Agreement  constitutes 
the final expression of the credit agreement between you and  us 
relating to your Account. The headings used in this  Agreement are 
for  the  convenience  of  reference  only  and  are  not  intended 
to 
define or describe the entire scope or intent of any portion of  this 
Agreement. 
Governing  Law:  This  Agreement  is  controlled  and  governed 
the laws of the State of Missouri, including Missouri  Revised 
Statutes  (Chapter  408  Legal  Tender  and  Interest)  Section 
408.145, except to the extent that such laws are  inconsistent 
with controlling federal laws. 
ARBITRATION  PROVISION 
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,  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 

(AGREEMENT  TO 

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 wi d e l y  recognized arbitration organization that 
uses a similar code of procedure and is mutually acceptable to the 
parties.) If  you receive a Card and later default on your Account, 
we agree not to bring legal action or seek arbitration to collect any 
remaining Program Balance that is transferred to your  EMBLEM® 
MasterCard® Account. 
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 affect on any of the  other provisions  in  this 
Bank  Credit  Card  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  Emblem Cardholder Services, 
PO BOX 89210 Sioux Falls, SD 57109. 
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  Bank  Credit  Card  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 
IN 
DECIDE  THE  CLAIM  BEING  ARBITRATED  (ii)  ENGAGE 
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 
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 
to  arbitrability, 
arbitrator  will  decide  all  other  issues  pertaining 
validity, 
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 

IN  COURT  MAY  NOT  BE  AVAILABLE 

interpretation  and  enforceability  of 

alone.  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 
terms, 
Account,  (ii)  use,  terms,  change  in  terms  or  addition  of 
closing  or  collection  of  your  Account  or  this  Bank  Credit  Card 
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) the goods or insurance  or other 
services purchased under your Account, (v)   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 Bank Credit Card Agreement and 
(vi)  Claims  regarding  the  validity,  enforceability  or  scope  of  this 
Arbitration Provision or this Bank Credit Card 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 
the  arbitrator,  applying 
all  expenses  from  another  party  if 
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 
visit 
arbitration 
with 
http://www.jamsadr.com/rules-streamlined-arbitration; 
for  AAA, 
fee 
visit  http://www.adr.org/si.asp?id=5391.  The  appropriate 
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 
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 
to 
other  parties  (or  consolidate  Claims)  except  with  respect 

the  nature  of  your  Claim  and  how 

proceeding 

please 

JAMS, 

M-123403 

 
 
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 Bank 
Credit   Card 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. 
STATE NOTICES 

CA RESIDENTS: A married applicant may apply for a separate 
account.  If  this  is  a  joint  account,  after  credit  approval,  each 
applicant shall have the right to use this account to the extent of 
any credit limit set by the creditor, and each applicant may be 
liable  for  all  amounts  of  credit  extended  under  this  account  to 
any  joint  applicant.  Interest  is  compounded  on  unpaid  finance 
charges on Purchases and on unpaid finance charges on Cash 
Advances. 
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. 
OH RESIDENTS: The Ohio laws against discrimination require 
that all creditors make credit equally available to all  credit 
worthy customers, and that credit reporting agencies maintain 
separate histories on each individual upon request. The Ohio 
civil rights commission administers compliance with this law. 
 NY  RESIDENTS:  New  York  residents  may  contact  the  New 
York  state  banking  department  to  obtain  comparative  listing  of 
credit card rates, fees, and grace periods. Call 1-800-518-8866.  
WI RESIDENTS:  We  will  not  charge  you  attorneys’  fees,  court 
costs, or other collection costs incurred as a result of your default. 
MARRIED WI RESIDENTS: No provisions of any marital 
property agreement, unilateral statement under section 766.59 
or court decree under section 766.70 will adversely affect the 
interest of the creditor unless the creditor, prior to the time credit 

is granted, is furnished a copy of the agreement, statement, or 
decree or has actual knowledge of the adverse position when the 
obligation to the creditor is incurred. We are required to ask you to 
provide the name and address of your spouse. 
DE  and  MD  RESIDENTS:  Finance  charges  will  be  imposed  in 
amounts or at rates not in excess of those permitted by law on the 
outstanding balances from month to month. 
MD RESIDENTS: You have the right under Section 12-510 of the 
Commercial  Law  Code  to  receive  an  answer  to  a  written  inquiry 
concerning the status of your account. 
NOTICE TO THE BUYER 
1. DO NOT SIGN THIS CREDIT  AGREEMENT 
BEFORE YOU READ IT OR IF IT CONTAINS ANY 
BLANK SPACES. 
2. YOU ARE ENTITLED TO A  COMPLETELY 
FILLED IN COPY OF THIS CREDIT AGREEMENT. 
3. YOU  MAY  AT ANY  TIME  PAY MORE THAN 
THE  MINIMUM  PAYMENT  OR  YOUR ENTIRE 
BALANCE  IN  FULL WITHOUT INCURRING  ANY 
ADDITIONAL  CHARGE FOR PREPAYMENT. 
NY  RESIDENTS:  RETAIL  INSTALMENT  CREDIT 
AGREEMENT 
CARDHOLDER: Your signature (including any electronic or digital 
signature) on any Application or on any sales slip or other evidence 
of indebtedness on your Account represents your signature on this 
Agreement. 
BANK: /s/ The Bank of Missouri/St. Robert MO 
Date: September 2017 
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: 
Emblem Cardholder Services 
PO BOX 89210 
Sioux Falls, SD 57109 
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: 
•  We  cannot  try  to  collect  the  amount  in  question,  or  report 

• 

you as delinquent on that amount. 
The charge in question may remain on your statement,  and 
we may continue to charge you interest on that amount. 
•  While  you  do  not  have  to  pay  the  amount  in  question,  you 

are responsible for the remainder of your balance. 

•  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 
• 

If we made a mistake: You will not have to pay the amount in 
question or any interest or other fees related to  that amount. 
If we do not believe there was a mistake: You will have 
• 
to pay the amount in question, along with applicable interest  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 b as e d  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: 
Emblem Cardholder 
Services PO BOX 89210 
Sioux Falls, SD 57109 

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.

M-123403