MB Financial Bank, N.A. Consumer Credit Card Agreement 

This MB Financial Bank, N.A. Consumer Credit Card Agreement describes the terms and conditions that apply 
to your consumer credit card account with MB Financial Bank, N.A. (the “Account”). 

Basic Definitions 

The  words  “we,”  “us,”  “our,”  and  “MB  Financial  Bank”  mean  MB  Financial  Bank,  N.A.,  and  its  agents, 
authorized representatives, successors, and assignees. The words “you” and “your” mean each person (as an 
individual)  and  all  persons  (as  a  group)  who  apply  for  the  Account,  who  are  responsible  for  repaying  the 
Account, or on whose behalf we issue a Card. An “Authorized User” means a person that you authorize or 
allow to use, access, or service a Card or the Account, but who is not directly responsible for repaying the 
Account.  The  term  “Card”  means  any  card  we  issue  associated  with  your  Account,  including  renewal  and 
substitute cards. The term “Card” also means any other access device that allows you or an Authorized User 
to  obtain  Account  credit  from  us,  including  your  Account  number.  Other  capitalized  terms  that  are  not 
defined here are generally defined the first time we use those terms. 

Overview of Account Agreement 

Our Account agreement with you (the “Agreement”) is contained in and governed by: 
(1)  this document, called the Consumer Credit Card Agreement; 
(2)  all Account disclosures and terms provided to you before or when the Account is opened, including the 
terms  you  accepted  when  applying  for  the  Account,  disclosures  in  our  Credit  Card  Account  Opening 
Disclosures  (the  “Account  Opening  Disclosures”),  and  any  terms  we  provided  in  written  materials 
accompanying your Card; 
(3)  all other documents, disclosures and terms that relate specifically to your Account, including: 
•  all rewards disclosures, if your Account has rewards; 
• 

the Card benefits brochure that describes benefits provided by any payment card network displayed on 
your Card (each, a “Payment Card Network”); 
the Security Agreement, if you have a secured Card; 
the privacy notices we provide to you; 
the terms shown on periodic billing statements for your Account (each, a “Statement”); and 

• 
• 
• 
(4)  any future changes we make to any of the above items, as permitted or required by applicable law. 

You agree that this Agreement becomes effective the first time you or an Authorized User uses any Card or 
the Account. You also agree that we may keep and use an image or copy of the Agreement to enforce its 
terms against you. When the Agreement states we “may” take an action, it means we are authorized to take 
that action in our sole discretion, subject only to any limitations or requirements established by law and the 
express terms of the Agreement. Please read these materials carefully and keep them for future reference. 
We may make new offers to you in the future or forward offers from others that may interest you. If these 
offers have new or different terms, those terms will be provided with the offer. If you accept the offer, the 
previously disclosed terms in the Agreement will still apply, except as modified by the offer. 

Account Information We Need 

We need complete, current and valid information about you to manage your Account, including: your legal 
name;  your  address(es);  your  telephone  number(s);  your  date(s)  of  birth;  your  employment  and  income 
information; and your Social Security number(s) or other government identification number(s).  If we agree 
to  issue  additional  Cards  and  add  Authorized  Users  to  your  Account,  we  will  need  the  same  information 
about  the  Authorized User to  manage  your Account.  You  must  tell  us when  this  information changes. You 
may update your address as described on your most recent Statement, through the website we maintain for 
your Account, or by calling us at the telephone number shown on your most recent Statement or the back of 
your Card. We may require that you provide additional documents that are acceptable to us so that we can 
verify this information and any changes. We may restrict or close your Account, if we are unable  to verify 
your information or you do not provide the additional information we request. 

Balance Categories of Your Account 

“Balance  Categories”  are  the  different  Account  segments  we  may  establish  with  unique  pricing,  grace 
periods or other terms. The Balance Categories of your Account include Purchases, Cash Advances, Balance 

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Transfers,  and  Special  Offers.  We  reserve  the  right  to  decide  which  Balance  Category  applies  for  each 
Account transaction and our decision will be final. 

A “Purchase” means the property, rights, goods and services we allow you to purchase, rent, or otherwise 
obtain directly from merchants and vendors by using your Card. 

A  “Cash  Advance”  means  a  loan  you  obtain  from  us  in  cash,  or  something  we  consider  to  be  a  cash 
equivalent, by using the Card or Account. For example, we consider wire transfers, travelers’ checks, money 
orders, foreign currency, lottery tickets, gaming chips, and wagers to be cash equivalents. 

A “Balance Transfer” means a balance we allow you to transfer to the Account from an account that you owe 
to another financial institution, by using any written, electronic, or telephonic device or method we approve 
for this purpose. 

A “Special Offer” means transactions and balances that post to your Account, subject to unique pricing, grace 
periods, or other terms we disclose from time to time for promotional and other reasons. Our Special Offer 
disclosures will explain when any unpaid Special Offer balances may be transferred to and combined with a 
different Balance Category after any temporary rate period ends. 

Your Promises To Us 

You  promise  to  do  everything  the  Agreement  requires  of  you,  as  long  as  your  Account  has  a  balance  or 
remains open. Each of you and all of you promise, individually and together, to pay us all amounts due  on 
your Account, now and in the future. This includes amounts where you did not sign a purchase slip or other 
documents for the transaction. If you use your Card number without presenting your actual Card (such as for 
mail, telephone or Internet purchases), these transactions will be treated as if you used the Card in person. 
The amounts due on your Account include all transactions in each Balance Category made by any of you and 
any  Authorized  User,  plus  all  Fees  and all Interest  Charges, as  described  in  this  Agreement.  Your  “Interest 
Charges” are the charges we add to your Account based on the Annual Percentage Rates we apply to your 
Account  balances.  Your  “Fees”  are  the  charges  we  add  to  your  Account  that  are  not  based  on the  Annual 
Percentage Rates. If you allow someone else to use your Card, you are responsible for all transactions made 
by that person and all associated Fees and Interest Charges. If you die, your promise to pay us will apply to 
your estate, as permitted by law. 

Using Your Account and Card 

You and your Authorized Users may use your Card and the Account for making Purchases and for obtaining 
Cash Advances, Balance Transfers, and Special Offers, as permitted by this Agreement and applicable law. 

You agree to sign the Card immediately after you receive it. The Card is valid during the dates shown on the 
front. The Card is our property and you agree to return it to us or destroy it, if we ask. You agree to take 
reasonable steps to prevent the unauthorized use of your Card and Account. 

We are not responsible to you if someone refuses to accept your Card for any reason. We may reject any 
transaction for any reason. We may limit the combined dollar amount or the total number of certain Account 
transactions, such as Cash Advances, allowed during a single day or other time periods. We may restrict or 
delay  the  availability  of  Account  credit,  to  protect  you  and  us  against  potential  fraud,  unauthorized 
transactions, Account misconduct or misuse, or for other risk management reasons. We will not be liable to 
you if this happens.  Except as otherwise required by applicable law or regulation, we will not be responsible 
for merchandise or services purchased or leased through use of any Card or the Account.  

You agree not to use, try to use, or permit use of the Card or Account for any Internet gambling transactions 
or  any  other  transactions  that  are  illegal  or  not  permitted  by  us.  Even  if  you  do,  you  must  still  pay  us  for 
these  transactions  and  they  remain  subject  to  all  other  terms  of  our  Agreement.  You  must  reimburse  the 
Payment Card Network and us for all damages and expenses associated with these transactions. 

From  time  to  time,  Account  services  may  be  unavailable  to  you  and  your  Authorized  Users,  due  to 
circumstances  beyond  our  control,  such  as  system  failures,  fires,  floods,  natural  disasters  or  other 
unpredictable  events.  When  this  happens,  you  may  be  unable  to  use  your  Card  or  obtain  Account 
information. We will not be responsible or liable to you if this happens.     

Using a PIN 

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We may give you a personal identification number (“PIN”). For security reasons, you may have to provide the 
PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to 
obtain cash from certain automated teller machines (“ATM”) or make Purchases at certain merchant point-
of-sale devices (“POS”). You may do these things if the ATM or POS requires entry of a PIN and displays the 
logo of the Payment Card Network on your Card. We will treat all ATM transactions as Cash Advances and all 
POS transactions as Purchases. Keep your PIN secure and do not write it down, give it to anyone, or keep it 
with your Card. If you lose your Card or believe someone has gained unauthorized access to your PIN, you 
must contact us immediately. 

Authorized Users 

We  may  limit  an  Authorized  User’s  ability  to  initiate  certain  transactions.  If  we  do,  we  will  tell  you  about 
these limitations before we add any new Authorized User on your Account. Once we add an Authorized User 
to  your  Account,  you  agree  we  may  discuss  your  Account  with  them  and  provide  them  with  Account 
information.  You  are  responsible  for  the  Authorized  User’s  use  of  the  Card  and  your  Account,  as  well  as 
anyone else that you or they allow to use your Card or Account. This will be true, even if you did not want, or 
agree  to,  the  use.  If  you  want  to  remove  an  Authorized  User  from  the  Account,  you  must  contact  us  as 
provided on your most recent Statement and request their removal. We will have a reasonable amount of 
time  after  your  request  to  research  your  Account  information  and  remove  an  Authorized  User.  You  must 
immediately destroy all Cards in the Authorized User’s possession and cancel all of their billing arrangements 
to the Account. We will not do this for you. During this time, you are still responsible for all amounts they 
charge to the Account. You will be responsible, even if these amounts do not appear on the Account until 
later.  An  Authorized  User  may  remove  themselves  from  the  Account  at  any  time,  upon  request.  We  may 
close  your  existing  Account,  or  issue  a  new  Card  with  a  new  Account  number,  after  you  remove  an 
Authorized User. 

Statements and Billing Cycles 

The  documents  or  information  we  provide  after  each  Billing  Cycle  through  your  Statement  will  disclose 
important  information  about  your  Account,  including  your  Account  transactions,  payments,  Fees,  Interest 
Charges,  unpaid  balances  in  each  Balance  Category,  and  payment  requirements.  The  intervals  of  time 
between your regular Statements (each, a “Billing Cycle”) are generally equal (approximately 30 days), but 
may  vary  slightly  in  length.  Your  first  Billing  Cycle  may  be  more  or  less  than  30  days.  You  must  pay  any 
Minimum Interest Charge and any Fees due after your first Billing Cycle, even if it is for a period less than 30 
days. Your Statements disclose the specific length of each Billing Cycle. Your Account will continue to have 
Billing Cycles, even if a Statement is not required after any Billing Cycle. 

We will send a single Statement to you for all Cards on your Account, except when we are not required or 
permitted by law to send a Statement. We will send a Statement at the end of each Billing Cycle when your 
Account has a debit or credit balance of more than $0.01, if we have charged any Interest Charges to your 
Account, or as otherwise required by law. 

Disputed Transactions 

You must promptly inspect each Statement you receive and tell us about any errors or questions you have, 
as described in the “Billing Rights” section of your Statement and this Agreement. If you do not notify us as 
provided in these disclosures, we may assume that all information in the Statement is correct. If you dispute 
a transaction made by you or someone else on your Account, and we later credit your Account for all or part 
of the disputed amount, you agree to: 

(1)  Give us all of your rights against that other person; 
(2)  Give us any merchandise or other purchases you received in connection with the disputed amount, if we 
ask; 
(3)  Not pursue any claim or reimbursement from the merchant and other person; and 
(4)  Help  us  pursue  and  obtain  reimbursement  from  the  merchant  and  that  other  person,  by  promptly 
returning  documents  with  any  signatures  we  may  request  and  otherwise  providing  us  with  reasonable 
cooperation. 

No Warranties 

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Except as otherwise provided in the “Billing Rights” section of your Statements and this Agreement, we are 
not responsible for any claim you might have regarding the Purchases of goods or services made with your 
Card from any merchant or vendor. 

Lost or Stolen Cards; Unauthorized Use; Replacement Cards 

You must take reasonable steps to prevent the unauthorized use of your Card and Account. If you notice the 
loss or theft of your Card, or a possible unauthorized use of your Card, you should write to us immediately at 
the  address  provided  on your  Statement  or  call  us  at  the  telephone number  provided  on  your  Statement. 
You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable 
for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50 (or 
any  lesser  amount  required  by  law  or  as  provided  under  the  express  terms  of  a  benefit  provided  by  a 
Payment Card Network). If we reimburse your Account for unauthorized charges made using your Card, you 
agree  to  help  us  investigate,  pursue  and  obtain  reimbursement  from  the  wrongdoer.  Your  help  includes 
giving us documents that we ask for and that are acceptable to us.  Unless canceled, a Card will be valid until 
the expiration date which is printed on the Card.  We may replace a Card at any time and we may continue 
to issue renewal or replacement Cards until you notify us to cancel the Account.  

Credit Limits 

We  will  disclose  information  about  your  Account  credit  limits  when  we  open  it.  Your  Statements  will  also 
disclose information about your Account credit limits. We may assign different credit limits for the different 
Balance Categories of your Account. For example, your credit limit for Cash Advances, Balance Transfers, or 
Special Offers may be lower than your credit limit for Purchases or the overall credit limit  of your Account. 
We may raise, lower, restrict, or cancel your credit limit on any Balance Category or the Account at any time 
and for any reason, subject to any notices that are required by law. This will not affect your obligation to pay 
us.  You  are  responsible  for  keeping  track  of  your  Account  balances  and  available  credit.  You  agree  not  to 
allow your Account to go over any credit limit. We may honor transactions above your credit limits, but, if we 
do, this will not increase your credit limit and you must pay us the full amount of these transactions. 

Balance Transfers  

We  may  allow  you  to  transfer  balances  to  the  Account  that  you  owe  to  other  creditors  or  financial 
institutions, up to the amount of your credit limit we make available for Balance Transfers. You may not ask 
us  to  process  a  Balance  Transfer  for  any  amount  you  already  owe  to  us  or  any  of  our  related  companies, 
unless we give you our express permission to do so.  

All Balance Transfers are subject to our approval. We will not process a Balance Transfer request we consider 
incomplete or illegible. You may use only the devices and methods we have approved for Balance Transfers. 
If  we  do  not  approve  the  full  amount  of  any  Balance  Transfer  you  request,  we  may  process  part  of  the 
amount you request as a Balance Transfer or decline the entire request. We are not liable to you if we do not 
process  part  or  all of  any  Balance  Transfer  you  request.  We  may  make  Balance  Transfers  in  any  order we 
choose. 

You  agree  not  to  request  a  Balance  Transfer  for  any  amount  that  is  or  may  be  the  subject  of  a  dispute 
between you and any other creditor or financial institution. If you do, you understand this may prevent you 
from exercising your dispute rights against other creditors and financial institutions. We are not liable to you 
for disputes you may have with other creditors and financial institutions. If you request a Balance Transfer, 
you  agree  to  monitor  your  other  accounts  and  continue  making  the  minimum  payments  due  on  these 
accounts  until  your  other  creditor  or  financial  institution  provides  an  account  statement  that  shows  the 
balance  of  your  other  account  has  been  paid  in  full.  This  may  not  happen  until  after  the  Balance Transfer 
appears on a Statement from us. You are liable for any late payments, finance charges or disputed amounts 
on  your  other  accounts.  If  you  want  your  other  accounts  closed  following  a  balance  transfer,  you  are 
responsible for instructing your other creditor or financial institution to do so. 

Interest Charges 

We  will  charge  Interest  Charges  to  your  Account  as  shown  in  the  Agreement,  including  your  Account 
Opening Disclosures and Statements. 

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We  figure  the  Interest  Charges  on  your  Account  by  applying  a  Daily  Periodic  Rate  to  an  “Average  Daily 
Balance” of each Balance Category in your Account. 

To get the “Average Daily Balance,” we take the beginning balance of your Account each day (including any 
previously  billed  and  unpaid  transactions,  Interest  Charges  and  Fees),  add  any  new  Fees  and    Account 
transactions  (including  Purchases,  Cash  Advances,  Balance  Transfers,  Special  Offers,  or  debit  adjustments), 
and  then  subtract  any  unbilled  Interest  Charges  and  any  payments  or  credits.  This  gives  us  the  “Daily 
Balance” in each Balance Category. Then, we add up all the Daily Balances in each Balance Category for the 
Billing Cycle and divide the total by the number of days in the Billing Cycle. This gives us the “Average Daily 
Balance.”  Your  Statements  disclose  the  “Average  Daily Balance”  of each  Balance  Category  as  the  “Balance 
Subject To Interest Rate.” 

Interest Charges begin to accrue from the earlier of the date of the transaction, the date the transaction is 
processed and first posts to your Account, or the first day of the Billing Cycle, except as prohibited by law or 
as otherwise described in the Agreement. Interest Charges accrue on each unpaid amount until it is paid in 
full. Billed and unpaid Interest Charges are added to the proper Balance Category of your Account. 

There is no grace period during which you can avoid Interest Charges on Cash Advances or Balance Transfers. 
We  will  not  assess  Interest  Charges  during  a  Billing  Cycle  for  any  new  Purchases  made  during  that  Billing 
Cycle,  if  you  pay  the  previous  month’s  New  Balance  in  full  by  its  payment  due  date  or  if  your  previous 
month’s New Balance was zero or a credit amount. Each month that you pay your “New Balance” in full by 
the payment due date, you will have a minimum grace period of 25 days with no Interest Charges on all new 
Purchases made during a Billing Cycle. If you have been paying your Account in full with no Interest Charges 
applied  to  Purchases,  and  you  do  not  pay  the  next  New  Balance  of  your  Account  in  full,  we  will  assess 
prorated Interest Charges on the unpaid balance of your Purchases, as permitted or required by law. There is 
no  grace  period  on  any  new  Purchase  transaction  when  there  is  an  unpaid  balance  from  a  previous 
Statement. A Special Offer transaction is not subject to a grace period, unless the terms we provided with 
the Special Offer expressly state that these transactions are subject to a grace period. 

To determine the “Daily Periodic Rate” that applies to each Balance Category, we divide the corresponding 
Annual Percentage Rates by the number of days in a year. The resulting Daily Periodic Rate is carried three 
places  past  the  decimal  point  and  the  last  digit  is  rounded.  We  calculate  your  total  Interest  Charges  by 
multiplying  the  Average  Daily  Balance  of  each  Balance  Category  by  its  Daily  Periodic  Rate  and  then 
multiplying the result by the number of days in the Billing Cycle. This calculation may vary slightly from the 
Interest Charges we actually charge after a Billing Cycle, due to the effects of rounding or as a result of any 
Minimum Interest Charge that applies. 

Your  Account  Opening  Disclosures  disclose  the  Daily  Periodic  Rates  and  the  corresponding  Annual 
Percentage  Rates  that  apply  to  each  Balance  Category.  Your  Account  Opening  Disclosures  disclose  the 
Minimum  Interest  Charges  that  will  be  due  if  any  Balance  Category  of  your  Account  is  subject  to  Interest 
Charges after a Billing Cycle. Your Account Opening Disclosures also disclose which Annual Percentage Rates 
and Daily Periodic Rates may vary from Billing Cycle to Billing Cycle, based on changes to a published index 
rate. These Account Opening Disclosures identify the index rate we use, and the different margins we add to 
the  index  rate  to  determine  the  variable  Annual  Percentage  Rates.  If  the  Daily  Periodic  Rates  and 
corresponding Annual Percentage Rates increase with changes to the index rate, then your Interest Charges 
will increase and your Minimum Payment Due may also increase. 

Fees 

You  must  pay  the  following  Fees  we  charge  to  your  Account,  in  the  amounts  shown  on  your  Account 
Opening  Disclosures,  shown  in  this  Agreement,  or  disclosed  to  you  at  the  time  you  ask  us  to  provide 
particular services to you or on your behalf. 

Annual Fee: We may charge you this Fee for making the Account available and issuing Cards to you and your 
Authorized Users. We will post and treat this Fee as a Purchase transaction. 

Late Payment Fee: We may charge you this Fee if we do not receive your payment in time to credit it by the 
due date shown on your Statement. We will post and treat this Fee as a Purchase transaction. 

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Returned Payment Fee: We may charge you this Fee each time any payment you make to us is not paid by 
your financial institution for any reason, even if that institution later pays it. We will post and treat this Fee 
as a Purchase transaction. 

Cash Advance Fee: We may charge you this Fee each time you obtain a Cash Advance. We will post and treat 
this Fee as a Cash Advance transaction. 

Balance Transfer Fee: We may charge you this Fee each time you obtain a Balance Transfer. We will post and 
treat this Fee as a Balance Transfer transaction. 

Copying Fee: We may charge you a Fee of $10.00 for each copy of a transaction document or a Statement 
you  request,  unless  they  are  required  to  resolve  a  billing  dispute.  We  will  post  and  treat  this  Fee  as  a 
Purchase transaction. 

Fees for Faster Payment Services: We may make services available that allow you to make faster payments 
through a customer service representative using a telephone, the Internet or other payment system. We will 
describe  the  terms  for  using  these  services  before  you  use  them.  You  do  not  have  to  use  these  other 
payment services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the 
Fee  at  the  time  you  request  the  service.  We  are  not  responsible  if  a  payment  made  using  our  payment 
services is rejected or not paid. Even if it is, we may still keep the Fee. We will post and treat these Fees as a 
Purchase transaction. 

Foreign Transaction Fee: We may charge you this Fee each time you make a transaction in a foreign currency 
or make a transaction in a country outside the United States. This Fee will post to the same Balance Category 
as the transaction (for example, as a Purchase or Cash Advance), and be treated as other transactions that 
post to this Balance Category. 

Transactions Made in Foreign Currencies 

If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar 
amount. The Payment Card Network will use its currency conversion procedures in effect when it processes 
the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on 
the transaction or posting date. We do not currently adjust the currency exchange rate. 

Minimum Payments 

Unless an event of default occurs as described in the “Account Default” section below and we require you to 
make immediate payment of your entire Account balance, the “Minimum Payment Due” after each Billing 
Cycle is the greater of: (1) all accrued and unpaid Interest Charges, plus all accrued and unpaid Fees, plus all 
past due amounts, plus any amount by which your Account balance exceeds a credit limit, plus one percent 
(1%) of the remaining New Balance of your Account; or (2) $35.00 (or the entire New Balance, if less than 
$35.00). Your Statements will provide instructions for making payments, including the amount due and the 
due date for receiving your payment. Your Statement will also disclose the Minimum Payment Due. To avoid 
a  Late  Payment  Fee, you  must  pay  us  at  least  this  Minimum  Payment  Due  by  the due  date  shown  on the 
Statement.  

In addition to the Minimum Payment Due, you may pay all or part of the total balance of your Account at any 
time. You must still pay at least the Minimum Payment Due after each Billing Cycle, even if you paid more 
than the Minimum Payment Due in connection with the previous Billing Cycle. We will continue to charge 
Interest  Charges  during  Billing  Cycles  when  you  carry  a  balance,  regardless  of  whether  your  Statement 
includes a Minimum Payment Due. 

Making Payments 

Your payments to us must be in U.S. dollars from a U.S. deposit account and must otherwise be acceptable 
to us. We do not accept cash payments through the mail. You may not make Account payments with funds 
borrowed  from  your  Account  or  any  other  credit  account  with  us  or  any  affiliate  within  our  family  of 
companies.  You  agree  to  follow  the  payment  requirements  we  disclose  on  Statements  from  time  to  time. 
You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or 
our agents. We will apply a payment to your Account on the day we receive it, if: 

(1)  you send the payment coupon included with your Statement in the same envelope with your payment; 

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(2)  you include your Account number on your payment; and 
(3)  your payment arrives at the address indicated on the payment coupon in our processing center by the 
time indicated on your Statement. 

If your due date occurs on a day on which we do not receive payments, any payment received the next day 
that conforms to the above requirements will not be treated as late. Please allow at least five (5) days for 
postal  delivery.  Unless  we  or  our  agents  specifically  instruct  you  to  remit  payment  in  a  different  manner, 
payments received at any other location or in any other form may not be applied for up to five (5) days. This 
may cause you to be charged Late Payment Fees and additional Interest Charges. 

If you give your Account number or other Account information to someone else to make a payment for you, 
we may provide Account information to them and process their payment as if you made it. We may refuse to 
accept any payment made by someone else for your Account. If we accept a payment made by someone else 
for your Account, you will be responsible for the payment made, even if that payment is rejected or not paid. 

How We Apply Your Payments 

We apply your payment of a Minimum Payment Due to Balance Categories with lower Annual Percentage 
Rates before Balance Categories with higher Annual Percentage Rates. We apply any portion of a payment 
that exceeds your Minimum Payment Due to Balance Categories with higher Annual Percentage Rates before 
Balance Categories with lower Annual Percentage Rates, except as otherwise required by law. 

Payment Processing 

We may accept and process payments without losing any of our rights. Even if we credit your payment to 
your Account, your available credit limit may not be restored until the later of ten (10) business days after 
we receive your payment or we confirm that your payment has cleared. We may resubmit and electronically 
collect  returned  payments.  We  may  also  adjust  your  Account  as  necessary  to  correct  errors,  to  process 
returned and reversed payments, and to handle similar issues. 

An “Item” means a check, draft, money order or other negotiable instrument you use to pay your Account. 
This  includes  any  image  of  these  instruments.  When  you  provide  an  Item  as  payment,  you  authorize  us 
either  to  use  information  from  your  Item  to  make  a  one  time  electronic  fund  transfer  from  your  deposit 
account or to process the payment as a check transaction. When we use information from your Item to make 
an electronic funds transfer, funds may be withdrawn from your deposit account as soon as the same day 
your payment is received and you will not receive your Item back from your financial institution. You may 
contact us and ask that we not process your future Items in this way. If we process the payment as a check 
transaction, you understand and agree that we may convert your Item into an electronic image that can be 
collected from your depository institution as a  substitute check. We will not be responsible if an Item you 
provide has physical features that, when imaged, result in it not being processed as you intended. 

Items with Restrictive Words, Conditions or Instructions 

All Items that have restrictive words, conditions, limitations or special instructions added (including Items 
marked with the words “Paid in Full” or similar language), and all accompanying communications, must be 
mailed to and received at: MB Financial Bank, N.A, Attn: Credit Card Services, P.O. Box 84032, Columbus, 
GA 31908-4032. If you make your payment or send any accompanying communications to any other address, 
we may accept and process the payment, without losing any of our rights. 

Credit Balances 

We  may  reject  and  return  to  you  any  payment  that  creates  a  credit  balance  on  your  Account.  Any  credit 
balance we allow will not be available until we confirm that your payment has cleared. We may reduce the 
amount of any credit balance by any new amounts billed to your Account. You may contact us as provided 
on your Statement and request a refund of any available credit balance. If you contact us in writing, we will 
refund  your  credit  balance  within  seven  (7)  business  days  from  our  receipt  of  your  written  request.  A 
business  day  means  any  day  in  which  our  offices  are  open  for  the  processing  of  Account  payments  and 
credits. 

Account Default 

We may consider you in default of your Agreement with us if: 

Revised August 2015 

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(1)  you do not make any payment when it is due; 
(2)  any payment you make is rejected, not paid or cannot be processed; 
(3)  you exceed a credit limit; 
(4)  a bankruptcy or other insolvency proceeding is filed by or against you; 
(5)  you die or are legally declared incompetent or incapacitated; 
(6)  we  determine  that  you  made  a  false,  incomplete  or  misleading  statement  on  any  of  your  Account 
documentation, or you otherwise tried to defraud us; 
(7)  you do not comply with any term of this Agreement or any other agreement with us;  
(8)  you permanently reside outside the United States; or  
(9)  we believe you may be unwilling or unable to pay your debts on time. 

For certain actions, including changing the Interest Charges and Fees on your Account, our options appear 
in the Account Opening Disclosures we provided when opening your Account. We may apply a Penalty APR 
to  all  Account  balances  and  any  new  Account  transactions,  if  you  do  not  pay  the  full  amount  of  any 
Minimum Payment Due within sixty (60) days of its payment due date. If your Annual Percentage Rates are 
increased  for  this  reason,  the  Penalty  APR  will  apply  indefinitely,  unless  you  make  six  (6)  consecutive 
Minimum  Payments  Due  by  their  respective  due  dates,  beginning  with  the  first  payment  due  after  the 
Penalty APR takes effect.  

Paying  the  Interest  Charges  and  Fees  charged  in  connection  with  a  default  will  not,  by  itself,  cure  the 
default. If you are in default, we may take the following actions without notifying you, unless the law says 
that we must notify you: 

(1)  close or suspend your Account; 
(2)  lower your credit limits; 
(3)  increase your Minimum Payment Due; 
(4)  demand that you immediately pay the entire balance owing on your Account (for example, as described 
in the Minimum Payment section); 
(5)  continue to charge you Interest Charges and Fees as long as your balances remain outstanding; and/or 
(6)  pursue any other action against you that the law allows, which includes the filing of a lawsuit against 
you. 

You agree to pay us all of our collection expenses, attorneys’ fees, and court costs, unless the law does not 
allow us to collect these amounts. 

Communications 

We may contact you from time to time about your Account. We may contact you in any manner we choose, 
unless the law says that we cannot. For example, we may: 

(1)  contact you by mail, telephone, email, fax, recorded message, text message or personal visit; 
(2)  contact you using an automated dialing or similar device (“Autodialer”); 
(3)  contact you at your home and at your place of employment; 
(4)  contact you on your mobile telephone; 
(5)  contact you at any time, including weekends and holidays; 
(6)  contact you with any frequency; 
(7)  leave recorded and other messages on your answering machine/service and with others; and 
(8)  identify ourselves, your relationship with us, and our purpose for contacting you, even if others might 
hear or read it. 

Our contacts with you about your Account are not unsolicited and may result from information we obtain 
from you or others. We may monitor or record any conversation or other communication with you. Unless 
the law prohibits us from doing so, we may modify or suppress caller identification and similar services, and 
identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile 
telephone number, we may contact you at this number using an Autodialer and can also leave recorded and 
other messages. We may do these things, whether we contact you or you contact us. If you ask us to discuss 

Revised August 2015 

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your Account with someone else, you must provide us with documents and authorization that we ask for and 
that are acceptable to us. 

Credit Reports 

We may provide information about you and the Account to consumer credit reporting agencies. We may also 
provide information about you and the Account to others as described in our Privacy Notices. Information 
we  provide  might  appear  on  credit  reports  about  you  and  Authorized  Users.  This  could  include  negative 
information,  if  you  do  not  comply  with  the  terms  of  this  Agreement.  We  may  obtain  and  use  credit  and 
income information about you from consumer credit reporting agencies and others as the law allows.  

If you believe we have reported inaccurate information about you to a credit reporting agency, notify us in 
writing at: MB Financial Bank, N.A., Attn: Credit Card Services, 6111 N. River Road, Rosemont, IL 60018. In 
doing  so,  identify  yourself,  your  Account,  the  information  you  believe  is  inaccurate,  and  tell  us  why  you 
believe the information is incorrect. If you have supporting documents or information, such as a copy of a 
credit  report  that  includes  information  you  believe  is  inaccurate,  send  us  the  supporting  documents  and 
information, too. 

Closing or Suspending Your Account 

You may ask us to close your Account by calling or writing us as described on your Statement. If you do, we 
may  provide  you  with  additional  details  about  this  process  and  request  certain  information  from  you, 
including  payment  information.  If  you  use  your  Card  or  charges  post  to  your  Account  after  you  ask  us  to 
close it, we may keep your Account open or reopen it. We may close or suspend your Account and your right 
to obtain credit from us. We may do this at any time and for any reason, as permitted by law, even if you are 
not in default. A suspension of your Account might be permanent or temporary. 

If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel 
all recurring charges or similar billing arrangements connected with the Account. We will not do this for you. 
If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all 
amounts  you  owe  on  the  Account,  even  if  these  amounts  are  charged  after  your  Account  is  closed  or 
suspended. 

Changes to Your Agreement 

You  may  not  change  the  Agreement,  unless  one  of  our  authorized  officers  expressly  agrees  to  do  so  in  a 
signed  writing.  We  may,  at  any  time,  add,  delete  or  change  any  term  of  this  Agreement,  unless  the  law 
prohibits us from doing so. We will give you any notice and wait any time period required by law before the 
changes take effect. If we notify you of changes, we will send you a separate notice or inform you on your 
Statement. We may send this notice to you electronically, as permitted by law. Our notice will tell you when 
and how the changes will take effect and describe any rights you have in connection with the changes. 

All of the variable Annual Percentage Rates of your Account can go up or down in each Billing Cycle, as the 
published index for these rates goes up or down. If we increase your Interest Charges for any other reason, 
we  will  notify  you  in  writing.  If  we  increase  your  Fees  or  change  other  significant  Account  terms,  we  will 
notify you in writing and inform you of your options, including any right to reject these changes. 

We may increase your Interest Charges for new Account transactions and your Fees after the first year of the 
Account.  We  may  change  any  other  terms  of  your  Account  at  any  time,  after  giving  you  any  notice  and 
waiting any period of time required by law. Also, if you do not pay the full amount of any Minimum Payment 
Due within 60 days of its payment due date, we may increase your Interest Charges to a Penalty APR that will 
apply  to  all  of  your  Account  balances  and  any  new  Account  transactions  we  permit.  If  we  increase  your 
Interest  Charges  for  this  reason,  the  Penalty  APR  will  apply  indefinitely,  unless  you  make  6  consecutive 
minimum payments when due, beginning with the first minimum payment due after the Penalty APR takes 
effect. The Account Opening Disclosures describe the amount of the Penalty APR. 

The Law that Applies to Your Agreement 

We make decisions to grant credit and issue you a Card from our offices in Illinois. This Agreement will be 
interpreted using Illinois law. Federal law will be used when it applies. You waive any applicable statute of 
limitations,  as  the  law  allows.  Otherwise,  the  applicable  statute  of  limitations  period for  all provisions  and 
purposes  under  this  Agreement  (including  the  right  to  collect  debt)  will  be  the  longer  of  the  time  period 
9 

Revised August 2015 

provided by Illinois law or the law of the jurisdiction where you live. If any part of this Agreement is found to 
be unenforceable, the remaining parts will remain in effect. 

Waiver 

We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For 
example, we may waive your Interest Charges or Fees without notifying you and without losing our right to 
charge them in the future. We may always enforce our rights later and may take other actions not listed in 
this  Agreement  if  the  law  allows  them.  You  do  not  have  to  receive  notice  from  us  of  any  waiver,  delay, 
demand or dishonor. We may proceed against you before proceeding against someone else. 

Assignment  

This  Agreement  will  be  binding  on,  and  benefit,  any  of  your  and our  successors  and assigns.  You  may  not 
transfer your Account or your Agreement to someone else without our written permission. We may transfer 
your Account and this Agreement to another company or person at any time, without your permission and 
without prior notice to you. If we do, they will take our place under this Agreement. You must pay them and 
perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have 
transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. 
This includes returning the payment to you or forwarding the payment to the other company or person. 

Amendments  

We  reserve  the  right  to  amend  this  Agreement  at  any  time,  by  adding,  deleting,  or  changing  provisions  of  this 
Agreement. All amendments will comply with the applicable notice requirements of federal and Illinois law that 
are in effect at that time. 

The reasons we may amend this Agreement include the following: 

(1)  Changes in regulation or legislation, or a change in the interpretation of a regulation or legislation. 
(2)  Changes  related  to  your  individual  credit  history,  such  as:  your  risk  profile,  your  payment  or  transaction 
patterns,  balance  patterns,  the  utilization  levels  of  this  and  other  accounts,  credit  bureau  information  including 
the age, history and type of other accounts, and the measure of risk associated with each. 
(3)  Changes to overall economic and market trends, product design, and business needs. 

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: 

Card Services 
P.O. Box 84032 
Columbus, Georgia 31908-4032 

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: 

Revised August 2015 

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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 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: 

Card Services 
P.O. Box 84032 
Columbus, Georgia 31908-4032 

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. 

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