These  documents  are  being  provided  to  you  for  informational  purposes  only.  There  are  two  parts  to  our 
Cardholder  Agreement:  The  Pricing  Information  Addendum  and  the  Cardholder  Agreement.  The  Pricing 
Information Addendum shows a range of terms that may be offered on new accounts. The terms that apply to 
you  will  differ  depending  on  your  specific  card  offer.  The  Cardholder  Agreement  contains  important 
information related to retail credit cards issued by The Bank of Missouri. Pricing is accurate as of November 
2018. 

PRICING INFORMATION ADDENDUM 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

Penalty APR 

Paying Interest 

9.9% to 36% Some Purchase APRs will vary with the market based 
on the Prime Rate. 

29.99% 
This APR may be applied to your account if you: 
(1)  Make a late payment; or 
(2)  Make a payment that is returned. 
How Long Will the Penalty APR Apply? If your APR is increased 
for any of these reasons, the Penalty APR will apply until you make 
six consecutive minimum payments when due. 

We will begin charging interest on the transaction date. There is no 
time period in which to avoid paying interest. 

For Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or 
using a credit card, visit the website of the Consumer Financial 
Protection Bureau at www.consumerfinance.gov/learnmore. 

Fees 

Annual Fee 

Penalty Fees 

•  Late Payment 

$0 to $99.00 

Up to the maximum fee permitted under Section 12 C. F. R. 
1026.52(b)(1)(iii) ($39 as of January 1, 2019). See monthly statement for 
current fee. 

•  Returned Payment 

Up to the maximum fee permitted under Section 12 C. F. R. 
1026.52(b)(1)(iii) ($39 as of January 1, 2019). See monthly statement for 
current fee. 

How We Will Calculate Your Balance: We use a method called "average daily balance (including new 
transactions)." See the additional terms and conditions in your Cardholder Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is 
provided in the additional terms and conditions in your Cardholder Agreement. 

Variable Rate: Your Periodic Rate(s) and corresponding APR(s) are determined by adding the Prime Rate 
to the Margin set forth above. Monthly Periodic Rate(s) is determined by dividing your APRs by 12. 

 
 
 
 
 
 
 
 
 
 
 
 
 
CARDHOLDER AGREEMENT 
NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT 

U.S.  VIRGIN  ISLANDS  RESIDENTS  PLEASE  READ  THIS:  The  provisions  titled  “Using  Your  Account,”  Postdated 
Checks,  Restrictive  Endorsements  Checks  and  Other  Disputed  or  Qualified  Payments,”  “Changes  in  Terms,” 
“Assignment; Transfer,” “Arbitration Provision,” and “Billing Rights Notice,” restrict or reduce your rights. 

MILITARY LENDING ACT DISCLOSURE Federal law provides important protections to members of the Armed Forces and their 
dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the 
credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products  sold  in connection 
with  the  credit  transaction;  any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit  transactions  or 
accounts); and any participation fee charged (other than certain participation fees for a credit card account). To hear disclosures 
related to the Military Lending Act, please call this toll-free number:  1-866-816-6994. 

COVERED MILITARY BORROWERS If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. 
§ 987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii) 
any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so 
long as you are a “covered borrower.” 

VARIABLE RATE Variable rate loan APR’s vary with the market based on the Prime Rate. The Prime Rate is the highest bank 
prime loan rate as published by the Wall Street Journal in its Money Rates Section on the 25th day (or the next business day if  the 
25th day  is  not  a  business  day)  of  the  calendar  month  preceding  the  first  day  of  the  billing  period,  Your  Periodic  Rate(s)  and 
corresponding Annual Percentage Rate(s) for variable rate loans will change if the Prime Rate changes. If your Periodic Rate(s) 
and corresponding Annual Percentage Rate(s) increase, your interest charges will increase, and your minimum payment may be 
greater. A change in Periodic Rate(s) will take effect the billing period immediately following the publication of the changed  Prime 
Rate. SEE PRICING INFORMATION. 

GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”). In this 
Agreement and in your monthly billing statement (“Statement”), “we,” “us,” “our” and “Bank” refer to The Bank of Missouri, including, 
as applicable, our successors, assignees and representatives. “You,” “your” and “Cardholder” refer to the person who applied and 
was approved for the Account and, as appropriate, all persons authorized to use the Account. “Application” refers to any (i) written 
or electronic application that you signed or otherwise submitted for this Account or (ii) oral request for credit and a Card resulting 
in  this  Account.  “Card”  refers  to  any  credit  card,  Account  number  or  other  credit  access  device  that  we  issue  to  you.  Your 
Application, any Card carrier that we send with your Card, any other written documents (including any electronic record) evidencing 
any transactions made under your Account and any notices that we send to you with your Agreement are part of and incorporated 
into this Agreement. Please read and keep these documents for your records. This Agreement begins on  the earlier of (a) the date 
we finally approve your Application for credit or (b) the first date that we extend credit to you or someone authorized by you on your 
Account. This Agreement includes an Agreement to Arbitrate Claims (see “Arbitration Provision” below). 

ACCEPTANCE OF THIS AGREEMENT  Your activation of your Card, your use of the Account, or any payment made on the 
Account evidences your acceptance of the terms of this Agreement. 

USING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and electronic 
orders) from participating establishments (each a “Purchase”) up to any credit limit we may establish for you (your “Credit Limit”). 
You may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any 
illegal transaction or any gambling transaction. We may decline transactions for any reason, including: operational matters, default, 
or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may  require authorization by us before 
the  transaction  can  be  approved.  We  will  not  be  liable  for  the  failure  to  authorize  credit  because  of  operational  difficulties  or 
mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability to 
you. We are not responsible for any losses associated with a declined transaction. 

HONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating location to honor your Account. 

 
 
 
 
 
 
 
PROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to  pay  for all Purchases 
and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to 
submit for payment of your Account only checks or other items drawn on U.S. financial institutions. 

YOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit. We may 
refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish 
different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit 
Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of 
any payment received, for a period of up to four (4) business days from the date of receipt to provide for processing and verification. 
Processing speeds can vary depending on how your payment is cleared. 

Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the 
right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this 
Agreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be 
based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and 
staying within your established  Credit Limit, your credit score and information contained in your credit report and your proper 
maintenance of any checking account used to make automatic payments, if applicable. 

If finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be 
found on your Statement or provided upon request. We do not accept Credit Limit increase requests. 

You have the right to receive an answer to a written inquiry concerning the status of your Account. 

SPECIAL TERMS From time to time we may offer special terms in connection with your Account. These special terms may be 
limited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information specific 
to any special terms will be provided at the time of offer. If you use your Account to enter into a qualifying transaction, you will be 
deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or differ from 
the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this Agreement 
will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to comply with 
the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation you owe us, 
then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination of  any 
special terms if (and as) expressly required by law. 

DEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the 
Minimum Payment on or before the Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a check or 
money  order  in  payment  of  your  Account  and  that  payment  is  returned  to  us  unpaid  for  any  reason;  (iv)  become  subject  to 
bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any misleading, 
false,  incomplete  or  incorrect  information  or  false  or  fraudulent  signature;  (vii)  die;  or  (viii)  fail  to comply  with  any  term  of  this 
Agreement or any other agreement that you have with us. Subject to any required notice of default and right to cure or other 
limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: 
(a) reduce your Credit Limit or cancel your Account; (b) require you to pay your entire Account balance (including accrued but 
unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (c) bring an action to collect 
all amounts owed. 

You  agree  to  pay,  to  the  greatest  extent  not  prohibited  by  law,  our  reasonable  attorneys’  fees  and  any  collection  costs  and 
disbursements and court fees related to the collection of your Account. 

PENALTY RATE If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your rates 
may increase to the appropriate Penalty Rate above. A Penalty APR will cease to apply if we receive six consecutive minimum 
monthly payments on or before their respective payment due dates beginning with the first payment due date following the effective 
date of the increase. 

CANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the 
amount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate 
further transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit 
available at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 

 
 
 
 
 
 
 
 
 
30348-5555. The terms of this Agreement will continue to apply to any balance you owe us until you have paid everything you 
owe, including any charges and interest due. Account cancellation may adversely affect your credit history. 

STATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including 
unpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is greater than 
$1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account or (iv) as otherwise required by 
applicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing  cycle 
(the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due Date”). 

PAYMENT REQUIREMENTS AND CREDITING 

Minimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date  shown 
on the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due without 
incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time. The 
Minimum Payment due each month will be an amount equal to the greater of (a) 1.66 to 5.91% of your highest outstanding New 
Balance, since your Account was opened or since your New Balance was zero or (b) $30.00 plus (i) the greater of (a) any past due 
amount or (b) any amount by which your New Balance exceeds your Credit Limit.  If your New Balance is  less than your Minimum 
Payment, your New Balance is due in full. You may at any time make additional payments without penalty. 

Authorization Agreement for Automatic Payments If you enrolled in the Automatic Payment Plan, you acknowledge and 
agree to the following: (1) You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank 
account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to 
us from time to time (“Bank Account”) in the amount of your required minimum payments. If you have a Deferred Interest Plan 
and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by 
phone to avoid interest. See Deferred Interest Balances below You have the right to receive notice of all electronic fund 
transfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly statement will serve as 
your notice of the amount of your monthly payment. You may change the amount to be deducted or withdrawn at any time. 
Your new monthly payment will be effective within 3 business days of our receipt of your instruction. (2) We will initiate 
authorized EFTs each month on or after the Payment Due Date shown on your monthly statement. (3) You agree that in the 
event any debit is rejected or dishonored we may reinitiate the debit card account once. (4)You have provided us with all 
necessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing 
House (ACH) debit is authorized, is a legitimate, open and active account. You agree to notify us promptly if this information 
changes. (5) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law. 
(6) Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the 
Automatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service 
at the telephone number shown on your monthly statement. You must give any notice of termination in such a manner and 
sufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your 
enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for 
any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient 
funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated 
immediately. (7) We are not responsible for any fees that may be charged by your depository institution as the result of your 
participation in the Automatic Payment Plan. (8) You have the right to review your accounts and to withdraw any privileges 
previously granted. (9) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your account. 
Enrollment in the Automatic Payment Plan is optional. 

Right to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic Payment 
Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly 
statement,  by  sending  an  e-mail  to  service@myfortiva.com  or  by  writing  to  us  at  Customer  Service--Automatic  Payment  Plan 
Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must reach us at least 
5 business days before the scheduled Payment Due Date. If you call us, we may require you to put your request in writing and to 
deliver your request to us within 14 days after you call. We may charge you a fee for  each stop  payment request that you give 
us. If you tell us to stop a payment at least 5 business days before the Payment Due Date and we do not stop payment, 
we will be liable for your losses or damages. 

 
 
 
 
 
Alternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason, then 
to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown on the 
front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service that we 
may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or on-line 
service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and process 
your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment by the 
amount of any such additional payment received 

Instructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts,  must 
be mailed or delivered to us at the address for payments shown on your Statement. Payments received at the address on the 
payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account as of 
the date received. Payments must be received with the payment coupon (bottom portion) of your Statement in the enclosed return 
envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to your 
Account may be delayed. Payments must be made to Payment Processing, P.O. Box 790105, St. Louis, MO 63179- 0105, or 
any other address designated by us. 

Application of Payments Subject to applicable law, we may  apply payments first to unpaid interest and other fees and  charges, 
then to Purchases in the order in which they are posted to your Account. We may apply payments to balances under Special 
Payment Plans prior to non-promotional balances. 

Disputed Payments‒Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You 
agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, 
we may accept it without losing any of our rights under this Agreement. All notices and written communications concerning 
postdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that 
the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or 
as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed 
or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial 
payments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check dated 
later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we reserve 
the right to process every item presented as if dated the same date received by us or our check processor unless you give us 
adequate notice and a reasonable opportunity to act on it. Except where  such notice  and opportunity is given, you may not hold 
us liable for depositing any postdated check. 

INTEREST 

Interest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of interest. 
The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12.The monthly periodic rate is x.xxx% 
(corresponding APR of xx.x%). SEE PRICING INFORMATION. Interest will be imposed in amounts or at rates not in excess of 
those permitted by law. 

Balance Subject To Interest 
We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of 
your Account. For each type of balance, we take the beginning balance each day, add eligible new transactions and applicable 
fees, subtract any unpaid interest or other finance charges and apply any payments or credits. This gives us the daily balances for 
that type of balance. Then, we add up all those daily balances for the billing cycle and divide the total by the number of days in the 
billing cycle. This gives us the “average daily balance” for that type of balance. 

When Interest Begins To Accrue We will begin charging interest on the transaction date. There is no time period in which to 
avoid interest on a transaction if a balance is not subject to a special promotion. 

Deferred Interest Balances. 

If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described 
above. To avoid such interest you must pay the total purchase amount and accrued fees and charges that are subject to  deferred 
interest  (“Promotional  Balance”)  in  full  by  the  last  day  of  the  promotional  period  as  shown  in  the  Deferred  Interest  Charge 
Calculation notice on the front of your monthly statement. Making only minimum monthly payments during the 

 
 
 
 
 
 
 
 
 
promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your 
Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the 
last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance. 

FEES 

Annual Fee You agree to pay an Annual Fee of <$25 to $49> upon account opening and annually thereafter. We will impose  the 
Annual Fee on your first monthly statement and thereafter on the anniversary date of your Account until your Account is terminated 
or cancelled, whether or not you incur any interest on the Account. The annual Fee is not refundable, except as provided below or 
as otherwise required by applicable law. 

Unless otherwise stated, the following fees may be added to your Purchase balance: 

Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee of up to the maximum fee 
permitted under Section 12 C. F. R. 1026.52(b)(1)(iii) ($39 as of January 1, 2019). See Statement for current fee. For PR 
residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late 
Payment Fee will exceed the amount of the related missed payment. 

Returned Payment Fee  To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to 
pay a Returned Payment Fee of up to the maximum fee permitted under Section 12 C. F. R. 1026.52(b)(1)(iii) ($39 as of January 
1, 2019). See Statement for current fee. No Returned Payment Fee will exceed the amount of the refused or returned payment. 

REFUND OF INTEREST AND FEES We will credit all interest and fees to your Account if you close your  account  within 30 days 
of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees are no 
longer avoidable or refundable and you will be responsible for paying all interest and fees charged to your Account. 

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account, you agreed to receive  electronic 
notices  and  disclosures  in  connection  with  your  Account  (whether  at  an  electronic  mail  address  that  you  provided  in  your 
Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning 
the availability of Statements and other notices and disclosures to you at the electronic mail address that you provided in your 
Application, any updated electronic mail address that you provide to us in writing, a website that we designate or otherwise, as 
mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you 
agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of 
law. 

MONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls. These 
calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance 
and deliver accurate information in a professional manner. 

COMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for 
any lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance with 
our Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not prohibited by 
applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone or ported landline 
telephone number) that you may provide to us from time to time; (ii) use any means of communication, including, but not limited 
to, postal mail, electronic mail, telephone or other technology, to reach you; (iii) use automatic dialing and announcing devices 
which may play recorded messages; and (iv) send text messages to your telephone 

NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to 
notify us promptly of any change in your electronic mail address, your postal address, your home telephone number, place of 
employment or other information provided in your Application or otherwise provided to us from time to time, including porting a 
landline telephone number to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-
5555 or by calling us at 1-800-710-2961. 

CHANGES  IN  TERMS  We  may,  at  any  time  in  accordance  with  this  Agreement  and  subject  to  the  requirements  of 
applicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit 

 
 
 
 
 
 
 
 
 
 
 
Limit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account 
(including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding 
fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date 
upon which interest begin to accrue). Changes that are favorable to you may be made at any time without prior notice. 
Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record 
of making timely payments and staying within your established Credit Limit on your Account with us, your credit score 
and information contained in your credit report and your proper maintenance of any checking account used to make your 
automatic payments, if applicable. 

When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you 
the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will 
affect your obligation to pay all amounts owing under this Agreement. 

ASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our  rights 
under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your  rights under 
this Agreement. 

LOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen. 
Telephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that 
someone has made a Purchase on your Account without your permission, call us at 1-800-710-2961. You will not be liable for 
any such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs 
before you notify us. In any case, your liability for such unauthorized use will not exceed $50. 

CREDIT REPORTS AND INFORMATION 

Credit  Reports  You  authorize  us  to  make  or  have  made  any  credit,  employment  or  other  investigative  inquiries  we  deem 
appropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you 
for any lawful purpose as long as you have an outstanding balance. 

Notice  of  Information  Reporting.  We  may  report  information  about  your  Account  to  credit  bureaus.  Late  payments,  missed 
payments or other defaults on your Account may be reflected in your credit report. 

Information Sharing You acknowledge and agree that we may share information about you with others in accordance with our 
Privacy Notice (a copy of which we will provide to you and may be obtained from www.myfortiva.com as it is in effect from time to 
time). 

Notice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported or 
may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that 
you believe is inaccurate by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555. 

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS) 

Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. §987, as amended, and except as 
otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision 
and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is 
filed). Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association 
(“AAA”), as selected by the party electing to use arbitration.  Streamlined arbitration procedures will be used if available. If a selection 
by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, 
to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means 
any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, "Claims") as further 
described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you 
or we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually 
acceptable to the parties.) 

Right To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the  right 
to engage in arbitration.  Rejecting  this Arbitration  Provision will have no  effect on  any of the other provisions in this 

 
 
 
 
 
 
 
 
 
 
 
Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, 
or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, 
P.O. Box 105096,  Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following 
information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision,  and 
not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have 
provided  a  timely  rejection  notice,  you  must  provide  proof  of  delivery.  Neither  party  may  elect  to  arbitrate  an  individual  Claim 
brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is 
transferred or appealed to a different court, either party may elect arbitration. 

Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING 
ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE  CLAIM 
BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION 
FROM  THE  OTHER  PARTY)  TO  THE  SAME  EXTENT  THAT  YOU  OR  WE  COULD  IN  COURT,  (iii)  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, 
RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR 
OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as 
set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) 
above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null 
and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than 
items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide  all 
other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an 
arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a 
Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules.  The 
exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either  party may 
submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. 

Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and 
includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your 
Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, 
(iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information 
obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, 
wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, 
officers,  directors  or  representatives  arising  from  your  Account  or  this  Agreement  and  (v)  Claims  regarding  the  validity, 
enforceability or scope of this Arbitration Provision or this Agreement. 

Arbitration Procedure and Costs.  For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS 
and  AAA,  write  them,  visit  their  web  site  or  call  them  at:  (i)  for  JAMS,  1920  Main  Street,  Suite  300,  Irvine,  CA  92614  or 
info@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or 
websitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to 
do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. 
Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time  the Claim is 
filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees incurred 
in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us  to pay or reimburse 
you for all or part of such fees. Each party will pay for its respective attorneys’, experts’ and witness fees, regardless of which party 
prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying applicable law, so 
determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation 
and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit http://www.jamsadr.com/rules-streamlined-
arbitration; for AAA, visit  http://www.adr.org/consumer_arbitration. The appropriate  fee schedule  in effect from time to time is 
hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of 
bringing your Claim in court, depending upon the nature of your Claim and how the arbitration proceeds. Having more than one 
Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you nor we will be permitted to arbitrate 
claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding can decide only your or our Claims. 
You cannot join other parties (or consolidate Claims) except with respect to persons who use your Account. 

 
 
 
Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and 
will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any other governing 
law provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes 
of  limitations  and  will  honor  claims  of  privilege  recognized  at  law.  Judgment  upon  any  arbitration  award  may  be  entered  and 
enforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having 
jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case 
any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will 
reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by 
the appealing party. 

Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without 
regard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions 
prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate 
the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the 
selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control. 

DELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law 
without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may 
enforce them at a later time. 

SEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally 
determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be 
valid and enforceable. 

ENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a part 
of  this  Agreement,  is  the  entire  agreement  between  you  and  us  relating  to  your  Account  and  supersedes  any  other  prior  or 
contemporaneous agreement between you and us relating to your Account. Unless otherwise clearly indicated, if  there is any 
conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not 
be amended except in accordance with the other provisions of this Agreement. 

GOVERNING  LAW  FOR  CREDIT  This  Agreement,  and  any  claim,  dispute  or  controversy  (whether  in  contract,  tort,  or 
otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with 
applicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal 
principles of conflict of laws), except that the arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. 
§§ 1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and 
reserved under this Agreement will be governed by such laws. . We extend credit pursuant to Section 408.145 of the 
Missouri Revised Statutes. You agree that this loan is made, executed and delivered in  Missouri and that we make all 
credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in and receive all payments 
in our offices in Missouri. 

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH 
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED PURSUANT HERETO 
OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID 
BY THE DEBTOR HEREUNDER. 

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY 
FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS. 

NOTICE TO THE BUYER 

1.  DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 

2.  YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN. 

3.  YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE. 

CA RESIDENTS: Interest is compounded on unpaid amounts. 

 
 
 
 
 
 
 
MD RESIDENTS: You have the right under Section 12-510 of the commercial law code to receive an 
answer to your written inquiry regarding the status of your account. 

MO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing 
repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) 
and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are 
contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we 
may later agree in writing to modify it. 

NH RESIDENTS This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving 
this Agreement. Reasonable attorney's fees will be awarded to you if you prevail in any action, suit or proceeding brought by us; 
or an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action 
brought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers 
equitable. 

NJ RESIDENTS: Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable 
or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey. 

WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court 
decree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit 
is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision 
when the obligation to the creditor is incurred. 

NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT 

BUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other  document 
or record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your 
name and address, our name and address, and the date on this Agreement. The electronic record of your transmission of the 
Unique Approval Code above, if applicable and consummation of a sales transaction financed under this Agreement represents 
your signature on this Agreement. 

CREDITOR /s/ THE BANK OF MISSOURI, St. Robert, MO 

REV. DATE: November 2018 

BILLING RIGHTS NOTICE 

Your Billing Rights: Keep This Document For Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If you think there is an error on your statement, write to us at: 
Account Services Dispute Resolution 
P.O. Box 105374 
Atlanta, GA  30348-5374 
In your letter, give us the following information: 
•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you 

believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you 

think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any 

potential errors and you may have to pay the amount in question. 
What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

 
 
 
 
1.  Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have 

already corrected the error. 

2.  Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is 

correct. 
While we investigate whether or not there has been an error: 

The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 

•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
• 
•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

• 

If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that 

amount. 

• 

If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and 
fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if 
you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still 
refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your  bill.  We must 
tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter 
has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is 

correct. 
Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good 

faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 
1.  The purchase must have been made in your home state or within 100 miles of your current mailing address, and the 

purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods or services.) 

2.  You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a 

check that accesses your credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 
Account Services Dispute Resolution 
P.O. Box 105374 
Atlanta, GA  30348-5374 
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we 

will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.