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CARDMEMBER AGREEMENT

CARDMEMBER AGREEMENT

This Cardmember Agreement (“Agreement”), which includes 
your Card carrier and Welcome Letter, is your contract with us 
and governs the use of your Card and Account. The Welcome 
Letter contains important account information, including your 
annual percentage rates. Please read and keep these documents 
for your records.

checks, Balance Consolidation checks, or by other means as 
described in offers or communications to you.

Purchase: a Purchase is the use of your Card or Account to buy 
or lease products or services. The Purchase of cash or cash 
equivalents, like casino chips or lottery tickets, is a Cash Advance, 
not a Purchase.

You agree to use your Account in accordance with this 
Agreement. This Agreement is binding on you unless you have 
not used or authorized use of the Card. You must pay us for all 
amounts due on your Account as specified in this Agreement. 
Your Account must only be used for lawful transactions.

TRANSACTION FEES – FINANCE CHARGES
Transaction Fees and APRs: If you are assessed a transaction fee 
for a Purchase made in a foreign currency or a Cash Advance, the 
transaction fee may cause the APR on your billing statement on 
which the transaction first appears to exceed your normal APR.

DEFINITIONS
We, us, and our: TMG Financial Services, Inc., the issuer of your 
Mutual of Omaha Bank credit Card Account.

Annual Fee: None.

Balance Transfer Fee: None.

You, your, and yours: the person who applied to open the 
Account and any other person responsible for complying with
this Agreement, including the person to whom we address the 
billing statements.

Account: the relationship established between you and us by 
this Agreement.

APR: annual percentage rate.

Balance Transfer: the transfer of outstanding balances by you 
to your Account from credit accounts issued by persons other 
than us. A Balance Transfer may only be completed in a method 
authorized by us, which may include through a check issued by us.

Card: one or more Cards or other Account access devices, 
including Convenience Checks and Account numbers that we 
issue to you to obtain credit under this Cardmember Agreement.

Cash Advance: an advance that is charged to your Account 
with or in connection with the Card, including obtaining funds 
through an automated teller machine (ATM), banking site or 
financial institution; making a wire transfer; obtaining a money 
order, traveler’s check, lottery ticket, casino chip or similar item; 
writing a Check, drawn on your Account, to yourself or as cash; 
or engaging in a similar transaction.

Foreign Transaction Fee: When you make a transaction outside 
of the United States, a fee equal to 3% of the converted 
transaction amount will be applied to your Account as permitted 
by state law. Up to 1% of the converted transaction amount 
will be charged for CO. The foreign transaction fee is a finance 
charge. Interest does not accrue on the fee.

Cash Advance Fee: If you use your Account or Card to obtain a 
Cash Advance, we will charge a Cash Advance fee of the greater 
of 4% of the cash advance or $10.00, unless state law limits the 
amount we can charge, in which case the fee shall be the largest 
amount allowable under state law. State law limits include, but 
are not limited to: No fee for WY; $0.25 for IL; 1.5% of the cash 
advance or $5.00 (whichever is less) for WV; 2% of the cash 
advance for TX; 2.5% of the cash advance ($2.00 minimum) for 
CO; 4% of the cash advance or $10.00 (whichever is greater with 
a $30.00 maximum) for MN; 4% of the cash advance or $10.00 
(whichever is greater with a $25.00 maximum) for MO.

The cash advance fee is a finance charge. Interest does not 
accrue on the fee.

OTHER FEES

Some fees vary by state and are disclosed below. Specific fee 
amounts that apply to your Account will be disclosed as part of 
your Welcome Letter.

Convenience Check(s): a draft that looks like other checks, but is 
issued by us and drawn on credit available in your Account. For 
purposes of this Agreement and other communications with you, 
we may refer to these as Convenience Checks, Balance Transfer 

Late Payment Fee: We may add a late fee as outlined below to 
your Account for each billing period you fail to pay the Minimum 
Amount Due by the Payment Due Date (unless otherwise limited 
by state law). Up to 5% of the installment payment for VA; Up 

to the lesser of 10% of the average balance of the delinquent 
amount or $2.00 after 31 days delinquent for WA; Up to $5.00 
for KY, MN, and MS; Up to $7.00 for CA; Up to the lesser of 5% 
of installment or $10.00 after 10 days delinquent in AZ; Up to 
$10.00 after 10 days delinquent for WY; Up to the lesser of 
10% of outstanding balance or $10.00 after 15 days delinquent 
in MA; Up to $10.00 after 15 days delinquent for ME and MO; 
Up to $15.00 after 10 days delinquent for CO, ID, LA, and WV; 
Up to the lesser of 5% of payment due or $15.00 after 10 days 
delinquent for TX; Up to $15.00 for MI; Up to $16.50 for SC; Up 
to $17.50 after 10 days delinquent for IN; Up to $20.00 after 15 
days delinquent for PA; Up CT, DC, DE, FL, GA, HI, IA, IL, KS, MD, 
MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OR, RI, SD, TN, UT, VT, 
WI, AE, AA, AP and VI.

Returned Payment Fee: We may add a fee as outlined below 
to your Account if a payment check or similar instrument is not 
honored or returned because it cannot be processed, or if an 
automatic debit is returned unpaid. We may assess this fee every 
time your check or payment is not honored, as permitted by law. 
No fee for WY; Up to $10.00 for NY and NV; Up to $15.00 for MD; 
Up to $20.00 for IA and IN; Up to $25.00 for CO, LA, MI, MO and 
NC; Up to $27.00 for AK, AL, AR, AZ, CA, CT, DC, DE, FL, GA, HI, 
ID, IL, KS, KY, MA, ME, MN, MS, MT, ND, NE, NH, NJ, NM, OH, OK, 
OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, AE, AA, AP, 
and VI.

Returned Convenience Check Fee: We may add a fee of up to 
$27.00 to your Account if we decline to honor a convenience 
check, unless state law limits the amount we can charge, in 
which case the fee will be the largest amount allowable under 
state law. We may decline to honor these checks if, for example, 
the amount of the check would cause the balance to exceed the 
Cash Advance limit or revolving credit line, if you default, if you 
did not comply with our instructions regarding the check, or if 
your Account has been closed. State law fee limits include, but 
are not limited to: No fee in WY; Up to $10.00 in NV and NY; Up 
to $15.00 in MD; Up to $20.00 in IA and IN; Up to $25.00 in CO, 
LA, MI, MO and NC.

Stop Payment on Convenience Check Fee: We may add fee 
of up to $25.00 to your Account if we honor your request to 
stop payment on a Convenience Check. To stop payment on a 
convenience check, write us at PO Box 10346, Des Moines, IA 
50306-0346, or call the Cardmember Service number on the 
billing statement. If you call, you must confirm the call in writing 
within fourteen (14) days. A written stop payment order remains 
in effect for six (6) months unless renewed in writing. Stop 
payment fees do not apply to the following states: CO, IN, OK 
and WY.

Credit Card Replacement Fee: We may add a fee to your Account 
if you request a replacement credit Card. This fee is based on the 
delivery type you request. The fee is $5.00 for standard delivery; 
$25.00 if you request a replacement be delivered two (2) days 
after your request; $65.00 if you request a non-emergency 
delivery shipped via FedEx one (1) day after your request; or 
$105.00 if you request an emergency Card replacement which 
is shipped at time of request when it is sent via an overnight 
delivery service. We may add a $10.00 fee to the Purchase 

balance if you request your PIN rush-delivered to you via FedEx. 
Rush PIN fees do not apply to the following states: CO, IN, OK 
and WY.

Document Copy Fee: We may add a $15.00 fee to your Account 
if you request a copy of a sales slip, refund slip, Cash Advance 
slip or travel and entertainment (T & E) draft. Document copy 
fees do not apply to the following states: CO, IN, OK and WY.
Convenience Check Copy Fee: We may add a $20.00 fee to your 
Account if you request a copy of a returned Convenience Check. 
Convenience Check copy fees do not apply to the following 
states: CO, IN, OK and WY.

Statement Copy Fee: We may add a $5.00 fee to your Account if 
you request a copy of a billing statement. Statement Copy fees 
do not apply to the following states: CO, IN, OK and WY.
Research Fee: We may add a fee to your Account for time we 
spend to research an item regarding your Account at your 
request. The fee is $15.00 per hour. Research fees do not apply 
to the following states: CO, IN, OK and WY.

YOUR ACCOUNT

Authorized Users: You may allow authorized users to use  
your Account. You may request additional Cards for authorized 
users. You must pay us for all charges made by authorized users, 
even if you did not intend to be responsible for those charges. If 
you revoke permission for an authorized user to use a Card or to 
use your Account, you must notify us for the revocation to  
be effective.

Revolving Credit Line: Your initial revolving credit line appears on 
the Card carrier and your Welcome Letter. Part of your revolving 
credit line, called the Cash Advance limit, is available for Cash 
Advances. Your Cash Advance limit appears on your Welcome 
Letter. We may change your revolving credit line or Cash 
Advance limit at any time for any reason. We may notify you of 
any change, but the change may take effect before you receive 
notice. We may permit you to incur charges that cause your 
New Balance to exceed your revolving credit line. These charges 
will be evaluated based on account performance, information 
contained on credit bureau reports we review periodically and 
other credit accounts with us. If we authorize these charges, you 
must pay, as part of your Minimum Payment Due, the amount 
by which your New Balance exceeds your revolving credit line, 
including amounts due to Purchases, Cash Advances, finance 
charges, fees or other charges.

Contact Information: You must notify Cardmember Service of 
a change in address or other contact information, including 
state of residence, by calling 866.596.3061, mailing ATIRAcredit, 
P.O. Box 14542, Des Moines, IA 50306-3542 or emailing info@
ATIRAcredit.com. (Please note: this email address is not secure; 
please do not include your account information. To discuss 
account-specific information, please call Cardmember Service.)

Billing Statement: You shall receive a periodic billing statement 
in accordance with applicable law if your Account has a debit 
or credit balance of more than $1 or a finance charge has been 
imposed during that billing cycle. If we deem your Account 
uncollectible or institute collection proceedings through 

an outside agency or attorney, we may stop sending you 
statements. Periodic finance charges and fees may continue to 
accrue even if we stop sending statements.

For a Cash Advance, we will begin charging interest on the 
transaction date.

The total amount you owe us appears as the New Balance on 
the billing statement. To determine the New Balance we begin 
with the total balance at the start of the billing period. We add 
any Purchases, Balance Transfers or Cash Advances and subtract 
any credits or payments credited as of that billing period. We 
then add any periodic finance charges or fees and make other 
adjustments.

Our Communications With You: If we need to contact you 
to service your Account or to collect amounts you owe, you 
authorize us (and our affiliates, agents and contractors) to 
contact you at any number you provide, from which you call us 
or at which we believe we can reach you. We may contact you in 
any way, such as calling or texting. We may contact you using an 
automated dialer or prerecorded messages. We may contact you 
on a mobile, wireless or similar device, even if you are charged 
for it.

APRs
APRs Based on Prime: We calculate any APR based on the U.S. 
Prime Rate (“Prime Rate”) by adding a margin to the Prime Rate. 
Your margin is identified in the Welcome Letter you receive from 
us. Your APRs are variable and may increase or decrease if the 
Prime Rate increases or decreases. For each billing period, we 
use the Prime Rate published in The Wall Street Journal three 
(3) business days prior to your statement closing date. If The 
Wall Street Journal does not publish the Prime Rate, we may 
substitute a similar published rate. A change in the APR due 
to a change in the Prime Rate takes effect as of the first day 
of the billing period for which we calculate the APR. We apply 
the new applicable APR to any existing balances, subject to any 
promotional rates that may apply.

Effect of APR Increases: If the APR on your Account increases 
in accordance with this Agreement and as permitted by law, 
interest charges and your minimum payment may increase.

Penalty Rate: We do not charge a penalty rate.

FINANCE CHARGES
Interest Charges: Interest charges are a finance charge added to 
your Account when we apply the applicable APR to the balances 
on your Account.

When Interest Charges Begin to Accrue: Interest begins to 
accrue on Purchases, Cash Advances, Balance Transfers, and any 
minimum interest charges from the date it is added to the daily 
balance and continues to accrue until payment in full is credited 
to your Account.

How We Calculate Your Balance and Interest Charges:  
We calculate the interest charge separately for each Balance 
Subject to Interest rate, including for Purchases at the current 
rate (which includes Balance Transfers at the current rate), 
Cash Advances at the current rate and transactions at different 
promotional rates, as applicable. Your billing statement shows 
each Balance Subject to Interest Rate.

We figure the interest charge on your Account by applying the 
periodic rate to the “average daily balance” of Purchases (which 
include Balance Transfers) and Cash Advances. The average daily 
balances for Purchases (including Balance Transfers) and Cash 
Advances are calculated separately and determined as follows: 
To get the “average daily balance” we take the beginning balance 
of your Account for each Balance Subject to Interest Rate each 
day, add any new transactions in that category (which may 
include Purchases / Balance Transfers / Cash Advances) and 
subtract any unpaid interest or other finance charges and any 
payments or credits. This gives us the daily balance. Then, we 
add up all the daily balances (for that Balance Subject to Interest 
Rate) for the billing cycle and divide the total by the number of 
days in the billing cycle. This gives us the “average daily balance” 
for each Balance Subject to Interest Rate.

For each Balance Subject to Interest Rate, we multiply the 
average daily balance by the applicable periodic rate. The 
periodic rate referenced in your Welcome Letter is a ‘monthly’ 
periodic rate and is calculated by dividing the APR on the 
Account by twelve (12). A billing period begins on the day after 
the Statement Closing Date of the previous billing period and 
includes the Statement Closing Date of the current billing period

Minimum Interest Charge: If you are charged interest, the 
charge will be no less than $0.50.

Convenience Checks: Each Convenience Check must be in the 
form it was issued and used according to any instructions we 
give. The Convenience Check(s) must not be used to pay an 
amount owed us under this or any other account or agreement 
that you have with us. We do not certify Convenience Checks 
or return any such checks that have been paid. At our sole 
discretion, we may choose to honor a Convenience Check after 
its expiration date.

PAYMENTS

Minimum Payment Due: Each month your statement balance 
is greater than $0, you must pay at least the Minimum Payment 
Due by the Payment Due Date. To calculate the Minimum 
Payment Due, we begin with any past due amount and add any 
amount in excess of your revolving credit line. We then apply the 
minimum payment disclosed in your Welcome Letter.

Your Payment Due Date is at least 25 days after the close of each 
billing cycle. We will not charge you interest on Purchases or 
Balance Transfers that appear on your billing statement if you 
pay the New Balance on your statement in full by the Payment 
Due Date.

The Minimum Payment Due never exceeds the New Balance. In 
calculating the Minimum Payment Due, we may subtract from 
the New Balance certain fees added to your Account during the 
billing period.

Application of Payments: Each billing period, to the extent your 
payment exceeds the Minimum Payment Due shown on your 
current billing statement, we will apply the excess amount to the 
balance of each transaction category beginning with the balance 
subject to the highest APR. Otherwise, we will apply payments 
and credits at our discretion. In all cases, we will apply payments 
and credit in accordance with applicable law.

Payment Instructions: Payments are credited in accordance with 
the payment instructions on the billing statement. Payments 
received in proper form online, at your financial institution or 
at our processing facility by 5 p.m. local time on any day will 
be credited as of that day. Payments received online, at your 
financial institution or at our processing facility after 5 p.m. local 
time will be credited as of the next day. You must pay us in U.S. 
dollars using a check, similar instrument or automatic debit 
that is drawn on and honored by a financial institution in the 
U.S. Do not send cash. We can accept late or partial payments, 
and payments that reflect “paid in full” or other restrictive 
endorsements, without losing our rights. We reserve the right 
to accept payments made in foreign currency and instruments 
drawn on funds on deposit outside the U.S. If we do, we select 
the currency conversion rate at our discretion and credit your 
Account in U.S. dollars after deducting any costs incurred in 
processing your payment, or we may bill you separately for  
such costs.

Foreign Currency Conversion Procedures: If you make a 
transaction in a foreign currency, other than a Cash Advance 
made at your financial institution or ATM of one of our 
affiliates, MasterCard® converts the amount into U.S. dollars 
as follows: MasterCard complies with its foreign currency 
conversion procedures then in effect. MasterCard currently 
uses a conversion rate in effect one day prior to its transaction 
processing date. Such a rate is either a wholesale market rate or 
the government mandated rate.

The foreign currency conversion rate in effect on the applicable 
processing date for a transaction may differ from the rate in 
effect on the Transaction or Post Date on your billing statement 
for that transaction.

If a transaction is converted by a third party prior to such 
transaction being processed by MasterCard, the foreign currency 
conversion rate for that transaction will be the rate selected by 
that third party.

CREDIT REPORTING
We may report information about your Account to credit reporting 
agencies. Late payments, missed payments or other defaults on 
your Account may appear on your credit report. If you request 
Cards on your Account for others, we may report account 
information in the names of those other people as well. We may 
also obtain subsequent credit reports on you (for example, when 
we review your Account for a revolving credit line increase). If 
you wish to know which agencies we contacted, write us at the 
Cardmember Service address on your billing statement.

If you think we reported erroneous information to a credit 
reporting agency, write us at the Cardmember Service address 

on your billing statement. We will promptly investigate the 
matter and if we agree with you, we will contact each credit 
reporting agency to which we reported and request a correction. 
If, after our investigation, we disagree with you, we will tell you 
in writing or by telephone how to submit a statement to those 
agencies for inclusion in your credit report.

CHANGES TO THIS AGREEMENT
We may change the rates, fees and terms of this Agreement at 
any time for any reason, as permitted by law. Further, we may be 
compelled to change the rates, fees and terms of this Agreement 
if you change your state of residence. We will provide you notice 
of changes as required by law. Any changes to this Agreement 
are binding on you.

DEFAULT

You will be in default under this Agreement if you fail to pay 
the Minimum Payment Due by its due date; pay by a check or 
similar instrument that is not honored or that we must return 
because it cannot be processed; pay by automatic debit that is 
returned unpaid; make any false or misleading statements in any 
credit application or credit update; file for bankruptcy; or die. 
You will also be in default if you fail to comply with the terms 
of this Agreement or any other Agreement you have with us. 
If you default, we may close your Account and require you to 
pay any unpaid balance immediately, subject to applicable law. 
If you gave the financial institution guaranteeing your Account 
a security interest or other deposit, we may use the deposit 
amount to pay any amount you owe.

AUTHORIZATIONS, CLOSED ACCOUNTS
AND RELATED PROVISIONS

Authorizations: We do not guarantee authorization of a 
transaction, either by us or by a third party, even if you have 
sufficient credit available. We reserve the right to deny certain 
transactions for any reason and at our sole discretion, including 
for default, suspected fraudulent or unlawful activity, internet 
gambling or any indication of increased risk related to the 
transaction or the Account. You agree that we will not be liable 
for failing to give an authorization. We also reserve the right to 
limit the number of transactions that may be approved in one 
day. If we detect unusual or suspicious activity, we may suspend 
your credit privileges until we can verify the activity, or we may 
close the Account.

Preauthorized Charges: If you default, if the Card is lost or stolen 
or we change the Account for any reason, we may suspend 
automatic charges with third party vendors. If preauthorized 
charges are suspended, you are responsible for making direct 
payment for such charges until you contact the third party to 
reinstate the automatic charges.

Lost or Stolen Cards, Account Numbers or Convenience 
Checks: If any Card, Account number or Convenience Check is 
lost or stolen or if you think someone used or may use them 
without permission, call Cardmember Service immediately 
at 866.596.3061. We may require you to provide certain 
information in writing to help us find out what happened and 
to comply with our investigation. You must identify for us the 

charges that were not made by you, or someone not authorized 
by you and from which you received no benefit. You will not 
be liable for any unauthorized use that occurs after your notify 
us. You may be liable for unauthorized use that occurs before 
your notice to us. However, if you exercise reasonable care 
in safeguarding your card from risk of loss or theft and, upon 
discovering the loss or theft promptly report the loss or theft to 
us, you will not be liable for any unauthorized transactions. In 
any case, your liability will not exceed $50.00.

Closing Your Account: You may close your Account by notifying 
us in writing or calling the Cardmember Service number shown 
on your billing statement or on the back of your credit Card 
but must still repay the total balance remaining on the Account 
(identified as “New Balance” on your statement) in accordance 
with this Agreement. We may close your Account or suspend 
Account privileges at any time for any reason without prior 
notice. We may also reissue a different Card at any time. You 
must return any Card to us upon request.

Security Interest for Secured Accounts: If your Account is a 
secured account, you gave your financial institution a security 
interest or other deposit to secure payment of your Account. If 
you withdraw your funds from the account set up to secure your 
credit account, the financial institution will notify us and we will 
close your Account.

WHAT TO DO IF THERE IS AN ERROR IN YOUR BILL

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:
ATIRAcredit, P.O. Box 14542, Des Moines, IA 50306-3542.

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 $50.00 of the amount you question even if your bill 
is correct.

Your Rights If You Are Dissatisfied With Your Credit Card 
Purchases
If you are dissatisfied with the goods or services that you have 
purchased with your credit Card and you have tried in good faith 
to correct the problem with the merchant, you may have the 
right not to pay the remaining amount due on the Purchase.

To use this right, all of the following must be true:
1.   The Purchase must have been made in your home state or 
within 100 miles of your current mailing address, and the 
Purchase price must have been more than $50.00. (Note: 
Neither of these are necessary if your Purchase was based 
on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.)

2.   You must have used your credit Card for the Purchase. 

Purchases made with Cash Advances from an ATM or with a 
check that accesses your Account do not qualify.
3.   You must not yet have fully paid for the Purchase.

If all of the criteria above are met and you are still dissatisfied 
with the Purchase, contact us in writing at ATIRAcredit, P.O. Box 
14542, Des Moines, IA 50306-3542.

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.

 
DISPUTE RESOLUTION

Any dispute, controversy or claim arising under or otherwise 
in connection with this Agreement (including any breach, 
termination, validity or enforceability of any provision hereof) (a 
“Dispute”) shall be resolved as follows: Either Party may submit 
the Dispute to non-binding mediation in the State of Iowa, in 
accordance with the Rules of Arbitration then prevailing of the 
American Arbitration Association (the “Rules”). The Parties will 
mutually agree upon the mediator. If the Parties are unable to 
agree upon the mediator, the mediator will be selected by the 
Des Moines, Iowa office of the American Arbitration Association. 
If the Dispute is not resolved through mediation within ten (10) 
business days after the conclusion of the Hearing (as defined 
below), the Dispute may be submitted to arbitration in Des 
Moines, Iowa for resolution by final and binding arbitration by a 
sole arbitrator under the Rules, upon written notice of demand 
for arbitration by the Party seeking arbitration, setting forth the 
specifics of the matter in controversy or the claim being made.

“Hearing” means a hearing before the mediator during which 
each Party presents its position regarding the Dispute.

APPLICABLE LAW AND ENFORCING OUR RIGHTS
Applicable Law: The terms and enforcement of this Agreement 
shall be governed by federal law and the law of Iowa.

Enforcing this Agreement: We can delay in enforcing or fail to 
enforce any of our rights under this Agreement without losing them.

Collection Costs: If we refer collection of your Account to a 
lawyer who is not our salaried employee, you are liable for any 
reasonable attorney’s fees we incur, plus the costs and expenses 
of any legal action, to the extent applicable by law.

Assignment: We may assign any or all of our rights and 
obligations under this Agreement to a third party.

California Residents: A married applicant may apply for a 
separate account. Applicants: 1) may, after credit approval, use 
the credit card account up to its credit limit; 2) may be liable 
for amounts extended under the plan to any joint applicant. As 
required by law, you are hereby notified that a negative credit 
report reflecting on your credit record may be submitted to 
a credit reporting agency if you fail to fulfill the terms of your 
credit obligations.

Florida Residents: You (borrower) agree that, should we obtain 
a judgment against you, a portion of your disposable earnings 
may be attached or garnished (paid to us by your employer), as 
provided by Florida and Federal law.

Missouri Residents: Oral agreements or commitments to loan 
money, extend credit or to forbear from enforcing repayment of 
a debt including promises to extend or renew such debt are not 
enforceable. To protect you (borrower(s)) and us (creditor) from 
misunderstanding or disappointment, any agreements we reach 
covering such matters are contained in this writing, which is the 
complete and exclusive statement of the agreement between us, 
except as we may later agree in writing to modify it.

New York Residents: We may obtain a credit report in 
connection with this Account, including for any review, 
modification, renewal or collections associated with this 
Account. Upon your request, you will be informed whether 
such report was requested and, if so, the name and address of 
the consumer reporting agency furnishing the report. New York 
residents may contact the New York State Banking Department 
at 877.226.5697 to obtain a comparative listing of credit card 
rates, fees and grace periods.

Ohio Residents: The Ohio laws against discrimination require 
that all creditors make credit equally available to all creditworthy 
customers and that credit reporting agencies maintain separate 
credit histories on each individual upon request. The Ohio Civil 
Rights Commission administers compliance with this law.

South Dakota Residents: If you believe there have been 
any improprieties in making this loan or in the lender’s loan 
practices, you may contact the South Dakota Division of Banking 
at 1601 N. Harrison Ave, Suite 1, Pierre, SD 57501, or by phone
at 605.773.3421.

Wisconsin Residents: If you are married, please contact us 
immediately upon receipt of this Agreement at 866.596.3061 
and provide us with the name and address of your spouse. We 
are required to inform your spouse that we have opened a credit 
account for you.

FOR FURTHER INFORMATION
Call Cardmember Service at 866.596.3061. This number is also 
shown on your billing statement and on the back of your Card.

The Mutual of Omaha Bank ATIRAcredit™ Card is issued by TMG Financial Services 
pursuant to a license by MasterCard International Incorporated. MasterCard 
and the MasterCard Brand Mark are registered trademarks of MasterCard 
International Incorporated.

©2014, TMG Financial Services, Inc. ATIRA® is a registered service mark and 
ATIRAcredit™ is a service mark of The Members Group, LLC.