ACCOUNT OPENING DISCLOSURES 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

30.74% 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

30.74% 
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases if you pay your entire Account balance by the Payment 
Due  Date  each  month. We  will  begin  charging  interest  on  cash 
advances on the transaction date. 

Minimum Interest Charge 

None 

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 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any Fees or 
Other Charges. 

     Annual Fee 

  $125 for the first year After that, $96 annually 

     Monthly Maintenance Fee 

  $120 annually (billed at $10 per month) 

Monthly Maintenance Fee  not  billed for the first 12 months  your 
Account is opened 


     Additional Card Fee 

  $30 (one time, if applicable) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

     Cash Advance 

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

     Foreign Transaction 

3% of each transaction in U.S. dollars. 

Penalty Fees 

     Late Payment 

     Returned Payment 

Up to $37 

Up to $37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "average  daily  balance 
(including new purchases).” See INTEREST CHARGES below for more details. 

Billing  Rights:  Information  on  your  rights  to  dispute  transactions  and  how  to  exercise  those 
rights is provided in your Cardholder Agreement and Deposit Account Contract. 

4/1/2017

2 

 
 
 
 
INTEREST CHARGES: 

CHARGES AND FEES 

Periodic Rates. 
INTEREST  CHARGES  for  purchases  and  cash  advances  are  calculated  at  a  monthly  periodic 
rate of 2.5617%, which is equivalent to an ANNUAL PERCENTAGE RATE (“APR”) of 30.74%. 

Variable Rate. 
The  APR  may  increase  or  decrease  on  the  first  day  of  the  subsequent  monthly  Billing  Cycle 
based on  changes in  the  prime rate  (“Index”).   The  APR  is  calculated by  adding  the  amount of 
margin  stated  below  to  the  Index.   The  Index  is  the  prime  rate  published  in  the  Money  Rates 
section of The Wall Street Journal on the 25th day of each month.  If the Index is not published on 
that day, the Index on the next business day will be used. Any increase in the APR may take the 
form of an increase in the monthly Minimum Payment.  If the Index is no longer available, we will 
choose a new index that is based upon comparable information.  The APR for purchases and cash 
advances will be determined by adding a margin of 26.74% to the Index. 

INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to 
your Account.   However, INTEREST CHARGES will  not be imposed on purchases made in  any 
Billing Cycle in  which the previous balance shown on your Monthly Billing Statement is  zero and 
you  pay  your  new  balance  in  full  by  the  Payment  Due  Date  shown  on  your  Monthly  Billing 
Statement.  INTEREST CHARGES are imposed on cash advances beginning on the date a cash 
advance is  obtained and continuing until the balance of  your Account is  paid  in  full. There is  no 
time in which you can pay the balance of cash advances in order to completely avoid INTEREST 
CHARGES. 

INTEREST  CHARGES  for  a  Billing  Cycle  are  calculated  separately  for  purchases  and  cash 
advances.   There  is  no  minimum  INTEREST  CHARGE.  The  INTEREST  CHARGE  calculation 
begins on the date the transaction is posted to your Account. 

For purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by 
the average daily balance of  purchases.   To determine the average daily balance of  purchases, 
we take the beginning outstanding balance of purchases each day, add any new purchases, and 
subtract any payments and/or credits.   This gives us the daily balance of purchases.   (Any  daily 
balance that  is  a  credit balance is  treated as  zero ($0.00) balance.)   Then,  we  add  all the daily 
balances of purchases for the Billing Cycle together and divide the total by the number of days in 
the Billing Cycle. This gives us the average daily balance of purchases. 
For  cash  advances, the  INTEREST  CHARGE  is  computed by  multiplying the  monthly  periodic 
rate by the average daily balance of  cash advances.   To  get the  average daily balance of  cash 
advances,  we  take  the  beginning  outstanding  balance  of  cash  advances  each  day,  add  in  any 
new cash advances, and subtract any payments and/or credits that we apply to the cash advance 
balance. This  gives  us  the  daily balance of  cash  advances.   (Any daily balance  that  is  a  credit 
balance is treated as zero ($0.00) balance.)   Then, we add all the daily balances of cash advances 
for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This 
gives us the average daily balance of cash advances. 

FEES AND OTHER CHARGES: 

Your Account is subject to the following Fees and Other Charges, each of which may be charged 
to your Account: 

Cash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of 
5%  or  $5.00,  whichever  is  greater,  for  each  cash  advance  posted  to  your  Account  that  month 
(“Cash  Advance  Fee”).    NO  CASH  ADVANCES  ARE  PERMITTED  DURING  THE  FIRST  95 
DAYS AN ACCOUNT IS OPEN.  Cash Advance Fees will not be assessed during the first twelve 
(12) months after your Account is open. 

Additional Card Fee. Your Account will be assessed a one-time additional card fee of $30.00 for 
each authorized user you add to your Account. 

3 

 
 
 
 
 
 
 
 
 
 
 
 
Foreign  Currency  Transaction  Fee.      Your  Account  will  be  assessed  a  foreign  currency 
transaction  fee  equal  to  3%  of  any  transaction made  in  a  foreign  currency that  is  converted  to 
U.S.  Dollars.   This  fee  will  not  be  assessed to  foreign transactions made in  the  first  12 months 
your Account is open. 

Annual  Fee.   Your  Account  will  be  assessed an  Annual Fee  of  $125.00  (“Annual Fee”)  for  the 
first year and $96.00 each subsequent year. The Annual Fee will be billed to  your Account once 
the Account is opened, and on  or about  your anniversary date each  year.   Your payment of  the 
Annual Fee does not  affect our  right to  close  your Account or  our  ability to  limit transactions on 
your Account. 

Annual Fee Renewal Refund Disclosure.  We will refund the Annual Fee charged to your Account 
if you notify us, within 30 days from the date of the Monthly Billing Statement on which it appears, 
that you wish to close your Account. 

Monthly Maintenance Fee.   Your  Account  will  be  assessed a  monthly maintenance fee,  which 
will  be  billed  at  $10.00  per  month  to  your  Account  (“Monthly Maintenance Fee”).   The  Monthly 
Maintenance Fee will not be billed in the first 12 months your Account is open. Your payment of 
the Monthly Maintenance Fee does not affect our right to close your Account or our ability to limit 
transactions on your Account. 

Late  Payment  Fee.   If  we  do  not  receive  a  payment  from  you  in  at  least  the  amount  of  the 
minimum payment due (“Minimum Payment”) by the  Payment Due Date shown on  your Monthly 
Billing  Statement,  you  will  be  charged  a  Late  Payment  Fee  equal  to  the  lesser  of  $27  or  your 
Minimum  Payment  (“Late  Payment  Fee”)  in  accordance  with  law.  If  you  fail  to  make  a  timely 
payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged $37 
or  the  amount of  the  required Minimum Payment,  whichever is  less. We may refer to this fee as 
the “Late Fee” or “Late Charge”. 

Returned  Payment  Fee.     If  you  make  a  payment  on  your  Account  and  your  check  or  other 
payment instrument (including an electronic funds transfer or a telephone authorized draft) is not 
honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to 
the lesser of $27 or  your Minimum Payment (“Returned Payment Fee”).   In the event a payment 
is  returned  in  any  of  the  six  (6)  Billing  Cycles  after  the  initial  returned  payment,  you  will  be 
charged  $37  or  the  amount  of  the  required  Minimum  Payment,  whichever  is  less. The charge 
may be imposed even if  we elect to re-present the item and it is paid upon our re- presentment.  
We will not charge both a Late Payment Fee and a Returned Payment Fee based upon a single 
payment. 

OTHER IMPORTANT DISCLOSURES: 

Security Deposit  (if  applicable). W e may require  a  collateral  deposit  in  the  form  of  a  security 
deposit, up to the full amount of the Credit Limit to be paid in full before the Account is opened to 
offset the risk associated with the Account.   Refer to the “Terms and Conditions of Your Deposit 
Account” and “Truth in Savings Disclosure – Deposit Account” section of this Agreement for more 
information. 

Available Credit Limits. Once the entire security deposit, if applicable, is paid in full, your Account 
will be opened and you will have access to your initial available credit.  Funds received in connection 
with a security deposit may be held up to 10 days before an Account is opened. 

MID AMERICA BANK & TRUST COMPANY CARDHOLDER AGREEMENT 
AND DEPOSIT ACCOUNT CONTRACT 

YOUR AGREEMENT WITH US 

General Terms. This Agreement covers the terms and conditions of the Card Account (“Account”). 
Mid America Bank & Trust Company  is  the  Card  issuer  and  assigns  its rights for  servicing and 
other rights to Continental Finance Company (“Continental Finance”) after Card issuance. 
You  agree  to  be  bound  by  the  following  terms  and  conditions,  which  shall  constitute  an 
4 
agreement between  you  and  us.  Furthermore, by  accepting and  using  the  Card,  you  expressly 

 
 
 
 
 
 
 
 
 
 
  
 
 
agree to be bound by the provisions of this Agreement and to the rates and charges for use of the 
Card. 
In this Agreement, “we”, “us”, and “our” refer to Mid America Bank & Trust Company as the issuer 
of the Card and Continental Finance as servicer. “Agreement” means this Mid America Bank & 
Trust  Company  Cardholder  Agreement  and  Deposit  Account  Contract.    The  words  "you"  and 
"your" mean the person who applied for the Account and each person  to  whom  we  issue  a  Card 
at  the  applicant’s  request  or  who  uses  a  Card  with  the applicant’s consent (“Additional Card 
or Authorized User”).   The word “Card” means your credit card. 
Please read this Agreement carefully and save it for future reference. It contains important state 
and federal disclosures, including Regulation Z disclosures and disclosures regarding your rights 
in  case  of  errors  or  inquiries  about  your  bill  and  important  provisions relating  to  arbitration and 
litigation. 

Applicable  Law.  This  Agreement  and  your  Account,  and  any  claim,  dispute  or  controversy 
(whether in  contract, tort,  or  otherwise) at  any  time arising from  or  related to  your  Account, this 
Agreement  or  any  transferred  balances,  are  governed  by  and  construed  in  accordance  with 
applicable federal  law  and,  to  the  extent  not  preempted by federal  law,  by  the  laws  of  Missouri 
(without  applying  its  choice-of-law rules). The formation, legality, enforceability, and interpretation 
of this Agreement, and any amounts contracted for, charged and received under this Agreement, 
will be governed by such laws. This Agreement is  entered into between  you and us  in  Missouri, 
regardless  of  the  state  of  your  residence  or  whether  or  not  your  Account  or  Card  is  used  in 
Missouri.   Our decisions regarding the extension of credit to you are made in the State of Missouri.  
Federal  and  Missouri  law  will  also  apply  to  any  controversy,  claim,  or  dispute  arising  from  or 
relating in  any  way to  the subject matter of  this Agreement and  your  Account, including, without 
limitation, statutory, equitable, and tort claims. 

Effective Date: Unless  you are a  resident of  the State of  New York, this Agreement is  effective 
upon the earlier of (1) the first purchase made or cash advance taken on your Account, or (2) the 
expiration of  30 days from the date  you are authorized to  use the Card if  you do not provide us 
written  notice  of  your  desire  to  cancel  within  this  30  days.   However,  you  may reject this  Card, 
provided  that  you  have  not  yet  used  the  Card  or  paid  INTEREST  CHARGES,  Fees  or  Other 
Charges after receiving a Monthly Billing Statement. If you reject the Card, you are not responsible 
for any INTEREST  CHARGES,  Fees  or  Other  Charges. If  you  are  a  resident  of  the  State  of 
New York, this Agreement is not effective until the earlier of (1)  the  first  purchase made  or  cash 
advance taken on  your Account, or (2) the date  you move from the State of New York, unless the 
date you move from the State of New York is less than 30 days from the date we issue a Card to 
you, in  which case this Agreement will be effective on the date that is 30 days from the date we 
issue a Card to you (and not the date you move from the State of New York) if you do not provide 
us written notice of your desire to cancel within this 30 days. In all cases, if any Fees are required 
to be paid prior to opening your Account, this Agreement  will  not  be  effective  and  your  Account 
will not be opened until such Fees are paid in full. 

Changes in  Agreement Terms. We can change any term  of  this Agreement, including the rate 
at  which  or  manner  in  which  INTEREST  CHARGES,  Fees, and Other Charges  are  calculated, 
in  our  sole discretion, upon such notice to  you as is  required by law. At our option, any change 
will  apply both to your new activity and to  your outstanding balance when the change is effective 
as permitted by law. 

5 

 
 
 
 
 
Binding Effect.   This Agreement is binding upon and enforceable against your heirs, legal 
representatives, and successors. 

Severability.    If  any  provision  of  this  Agreement,  including  any  portion  of  the  Arbitration 
Provisions set  forth  below,  is  determined to  be  invalid  or  unenforceable under  any  rule,  law,  or 
regulation,  the  validity  or  enforceability  of  any  other  provision  of  this  Agreement  shall  not  be 
affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 
as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible.  Notwithstanding the  foregoing,  if  a  class  action  litigation  or  a  class-wide  arbitration  is 
permitted  for  any  reason,  either  party  may  require  that  the  entire  Dispute,  as  defined  in  the 
Arbitration  Provision  below,  be  heard  by  a  judge,  sitting  without  a  jury,  under  applicable  court 
rules and procedures. 

Entire  Agreement.   This  Agreement,  together  with  your  Application,  constitutes  the  final  and 
complete  credit  agreement  between  you  and  us  relating  to  your  Account  and  supersedes  and 
may  not  be  contradicted by  evidence  of  any  prior,  contemporaneous, or  subsequent oral  credit 
agreement between you and us relating to your Account. 

USING YOUR CARD 

Sign  Your  Card.  To  avoid  unauthorized  use  of  your  Card,  please  sign  the  back  of  your  Card 
immediately. 

General Use. You may use your Card and your Account to make purchases if your Account is in 
good standing and you have available credit.  Your Card and Account may be used only for valid 
and  lawful  purposes.  If  you  or  an  Authorized  User  uses  your  Card  and  Account  for  any  other 
purpose, you will be responsible for the use and may be required to reimburse us for all amounts 
or expenses we pay as a result of the use. No cash advances are permitted within the first ninety 
five  (95)  days  after  an  Account  is  open. After  ninety  five  (95)  days  have  elapsed from  Account 
opening, you may obtain cash advances (See Cash Advance Fee section).   You may not use the 
Card  or  your  Account  for  any  illegal  transaction  or  any  gambling  transaction. We  will  decline 
identifiable gambling transactions.   We may impose restrictions on  your Account at any time as 
determined to be necessary by us in connection with our  efforts  to  detect  fraud  or  unauthorized 
use,  including  restrictions  on  (a)  the  number  of transactions allowed  per  day;  (b)  the  dollar 
amount of  transactions approved; (c)  your ability to obtain cash advances; and (d)  your ability to 
use your Card at an automated teller machine (“ATM”). 

If  you  give  your  Account  number  to  make  a  purchase  or  obtain  a  cash  advance  without 
presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect 
will be the same as if the Card was present. 

You  may  also  use  your  Card  and  a  personal  identification  number  (“PIN”)  to  obtain  cash 
advances  at  an  ATM,  if  we,  at  our  option,  issue  you  a  PIN.  ATM  transactions  are  treated  the 
same as  cash  advances. We may restrict  your  access to  any ATM  at  any time.  You should not 
keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your 
PIN,  you  should  advise  us  immediately by  following the  procedures  under  the  heading  “Lost  or 
Stolen Card.” 

Your Responsibility for  Authorized Users.  If  another person  is  given  access  to  your  Account 
and/or  Card  with  your  express  or  implied  permission,  notwithstanding the  provision  above,  that 
person is an Authorized User, even if we did not issue an additional Card in the Authorized User’s 
name.  At  your  request,  and  if  we  agree,  we  may  issue  an  additional  Card  in  the  name  of  an 
Authorized  User  with  your  Account  number.  You  will  be  responsible  for  all  charges,  cash 
advances, INTEREST CHARGES, purchases and Fees incurred by any Authorized User. W e are 
not  required  to  try  to  obtain  payment  from  any  Authorized  User  before  requiring  payment  from 
you. 

If  you  wish  to  remove  an  Authorized  User  from  your  Account  you  must  contact  us  either  by 
telephone or in writing. You will still be responsible for payment of all purchases, cash

6 

 
 
 
 
 
 
 
 
 
 
advances, INTEREST CHARGES and Fees incurred or obtained by the Authorized User. W e may 
close your existing Account and issue you a new Card and Account number.  

Lost or Stolen Card. 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: Continental Finance, P.O. Box 3220, Buffalo, 
NY 14240-3220, or  call  us  at  1-800-556-5678.   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.   

Refusals  to  Honor  Card/Rejection  of  Transactions. We  are  not  responsible  if  any  financial 
institution, merchant, or other person refuses to honor  your Card.   Except as otherwise required 
by law or regulations, we will not be responsible for merchandise or services purchased through 
your Card.  Also, we may reject any transaction for any reason. 

USING YOUR ACCOUNT 

Accessing Your Credit Line.  You can  use the Card  and  your Account to make purchases and 
obtain cash  advances. Upon  your  request,  you  may  be  assigned a  PIN. If  a  PIN  is  assigned to 
you,  you  may  obtain  a  cash  advance, any time after ninety five (95) days after Account opening,  
at  any  authorized  ATM  that  bears  the  MasterCard® acceptance mark by using the Card and 
PIN.  You should keep your PIN secure and not write it down, give it to anyone or keep it with your 
Card.  Contact us immediately if someone has gained unauthorized access to your Card(s). 

Understanding Your Credit Limit. Your “Credit Limit” is the maximum amount of credit we have 
approved for your Account. The amount of your Credit Limit is disclosed in the “Account Opening 
Disclosures”  section  of  this  Agreement  and  on  your  Monthly  Billing  Statements.  You  are 
responsible  for  keeping  track  of  your  Account  balance  and  your  Credit  Limit.    Your  Account 
balance may not  exceed  your  Credit  Limit  at  any  time.  Decisions  on  Credit  Limit  Increases  
will  be  in accordance with federal law. We reserve the right to approve or deny authorizations or 
transactions from any merchant at our sole discretion. 

Network Outages.   From time to time, due to circumstances beyond our control (such as  fires, 
floods,  earthquakes and  other  natural disasters and  unpredictable events), our  services may be 
unavailable.  We will not be responsible or liable if this happens. 

UNDERSTANDING YOUR PAYMENTS 

Your Promise to Pay, Cut-Off Time, Form of Payments.  You promise to pay to us all amounts 
advanced to  you as  a purchase or a  cash advance (including amounts advanced for Authorized 
Users)  under  this  Agreement,  plus  all  INTEREST  CHARGES  and  Fees  assessed  on  those 
amounts and all other charges, costs, and Fees which are applied to your Account.  All payments 
must be made in U.S. dollars, and all checks or other items tendered in payment must be drawn 
on  United States financial institutions.   Payments must be made to  Continental Finance at  the 
address  shown  on  the  Monthly  Billing  Statement  (“Mail  Payments  To”  address”)  and  must  be 
received by Continental Finance no later than 5:00 p.m., prevailing Eastern Time on the date on 
which they are due.  Payments made at a branch or office of Mid America Bank & Trust Company 
or Continental Finance prior to the close of  business at the branch or office shall be considered 
received on the day the payment is made at such location. 

Payment Due Date. The Payment Due Date will be at least twenty-five (25) days after the Billing 
Cycle  closing  date  (“Payment Due  Date”).  Payments  will  be  credited  to  your  Account  as  of  the 
day of receipt if they are made in accordance with our instructions.  Your Payment Due Date will 
be the same day each month.   If the Payment Due Date falls on a weekend, holiday or other day 
on which we do not receive payments, the Minimum Payment Due plus any other payment must 
be  received  no 
the  next  business 
day we receive payments.

than  5:00  p.m.  prevailing  Eastern  Time  on 

later 

7 

 
 
 
 
 
 
 
 
 
 
Amount  of  Payment.  You  may  pay  any  or  all  of  the  amounts  you  owe  at  any  time  without 
penalty,  but  you  must  pay  at  least  the  Minimum  Payment  Due  each  month  on  or  before  the 
Payment Due Date. 

Minimum Payment Due: 
     If  the  New  Balance  shown  on  your  Monthly  Billing  Statement  is  less  than  or  equal  to 

$35.00, the Minimum Payment Due equals the New Balance. 

     If  your New Balance exceeds $35.00, the Minimum Payment Due equals the greater of 
4.00%  of  the  New  Balance  or  $35.00,  plus  any  Late  Payment  Fee  assessed  in  the 
current Billing Cycle plus any past due amounts, not to exceed your Account balance. 

Applying  of  Payments.  Payments  in  excess  of  the  Minimum  Payment  Due  are  applied  in 
accordance with law. 

Availability of Credit and Payment Holds. Generally, payments are credited to your Account on 
the  day  they  are  received.  Available  credit  created  as  a  result  of  payments  posted  to  your 
Account may not be available for up to seven (7) days, or longer if circumstances warrant an 
additional  hold,  or  if  we  deem  ourselves  at  risk  for  any  reason.  If  you  use  a  payment service 
provided by a third party to deliver your payment to us, that third party may charge you a fee  for 
such  service;  such  third  party  fees  will  not  be  billed  to  your  Account.  Credit  to  your Account 
may  be  delayed  up  to  five  (5)  days  if  payment  is  (a)  not  received  at  the  Payment 
Address  or  (b)  not  accompanied  by  the  payment  coupon  portion  of  your  Monthly  Billing 
Statement.   Delayed crediting may result in  Late Fee and additional INTEREST CHARGES and 
Fees being applied to your Card. 

Direct Debit. You may choose, subject to our approval, to make a payment by means of a direct 
debit  or  charge  to  any  deposit,  savings,  or  credit  account  of  yours  (“Payment  Account”).  By 
requesting that  we  process  a  payment by  direct  debit  or  charge  to  your  Payment  Account,  you 
hereby  authorize  us,  at  our  option,  to  debit  your  Payment  Account  by  means  of  an  electronic 
transaction or  to  submit a  paper  check  or  draft  to  your  financial institution, consistent with  your 
instructions. 

Electronic Check Presentment. If  you pay by check, you are authorizing us to  use information 
on  your  check  to make a  one-time electronic  debit  from  your  account  at  the  financial institution 
indicated on  your check. This electronic debit will be for the amount of  your check; no additional 
amount will be added to the electronic debit.  W e will process your payment using the Automated 
Clearing House (“ACH”) system.   Electronically processed and/or presented checks (and checks 
presented electronically) are not returned to you by your financial institution, bank or credit union. 
We will retain an image of your electronically processed check as required by law.  A copy of the 
check can also be retrieved by contacting your financial institution. Please contact the Customer 
Service  Department at  the  telephone  number  on  your  Monthly  Billing  Statement  to  learn  about 
other payment options. 

Irregular Payments and  Delay in  Enforcement, Waivers  and  Releases. W e may accept  late 
payments, partial payments, checks, and money orders marked “paid in full” or  language having 
the  same  effect,  without  losing  any  of  our  rights  or  legal  defenses.  All  written  communications 
concerning disputed  amounts,  including  a  check  or  other  payment  instrument that  (a)  indicates 
that  the  payment  constitutes  “payment  in  full”  or  is  otherwise  tendered  as  full  satisfaction  of  a 
disputed  amount,  or  (b)  is  tendered  with  other  conditions  or  limitations,  must  be  marked  or 
delivered to  us  at  the  address for  billing  inquiries shown on  your  Monthly Billing  Statement, not 
the  payment  address.   You  waive  presentment  for  payment,  notice  of  non-payment,  and  you 
agree to any extensions of time of payment and partial payment before, at, or after maturity. 

MONTHLY BILLING STATEMENTS, OTHER INFORMATION AND COMMUNICATION FROM 
US 

When We Send Monthly Billing Statements. W e will promptly send a Monthly Billing Statement 
at the end of each monthly Billing Cycle if your Account has a debit or credit balance greater than 
$1.00 or if an INTEREST CHARGE or Fee has been imposed.

8 

 
 
 
 
 
 
 
 
Where We Send Your Monthly Billing Statement. We will send Monthly Billing Statements and 
any other notices to you at the address shown in our files. You agree to notify us promptly of any 
change in  your address. We may accept address changes or corrections from the United States 
Postal Service. We may also mail Monthly Billing Statements and other communications to you at 
any address we determine to be an address at which you can receive mail. If you elect to receive 
Monthly Billing Statements and other communications electronically, we may send those Monthly 
Billing Statements and communications as directed by you. 

Understanding Your  Monthly Billing  Statement.  The  Monthly  Billing  Statement  will  show  the 
Previous Balance, purchases and cash advances posted during the Billing Cycle, any INTEREST 
CHARGES,  Fees  and  Other  Charges,  and  all  payments,  debits,  and  credits  to  your  Account 
through the Billing Cycle Closing Date. It  will also show, among other things,  your New Balance, 
the  Minimum  Payment Due,  and  the  Payment Due  Date  (which  will  be  at  least  twenty-five (25) 
days after the Billing Cycle Closing Date and will be the same day every month). 
You agree to review your Monthly Billing Statement promptly and to report any erroneous entries 
on such Monthly Billing Statement.  You are obligated to report erroneous entries within 60 days 
after  we  mail or otherwise make  the  Monthly  Billing  Statement available to  you.   If  you  do  not 
report the erroneous entries within the timeframe, the entries on  your Monthly Billing  Statement 
and the corresponding Account balance will be presumed to be correct.  This means we will have 
no liability to you for transactions appearing on your Monthly Billing  Statement.   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 will give us all of your rights against that other person.  You 
also agree to give us any merchandise associated with the disputed transaction and to help us in 
our efforts to seek reimbursement (including, but not limited to, providing documents). 

Your Consent to Automated-Dialer and Pre-recorded Calls and Text Messages. By providing 
us with a telephone number(s), at any time, you consent and authorize Mid America Bank & Trust 
Company  and  its  affiliates,  agents  and  independent  contractors,  to  contact  you  regarding  your 
Account at such  number using  any  lawful means of communication, including,  but not  limited to 
calls placed to your cell, mobile or other phone using an automated dialing service, pre-recorded 
messages  or  text  messages.   By  providing  us  with  your  telephone  number,  your  consent  is 
presumed and is on-going and continuous regardless of any prior preference or election you made 
to  opt-out  of 
text 
messages.  Standard text messaging and/or calling charges may apply. 

receiving  automated  dialing  services,  pre-recorded  messages  or 

E-mail.  By  providing  us  with  your  e-mail  address,  you  agree  to  receive  correspondence 
electronically from us and our affiliates and service providers. W e may communicate with you by 
e-mail for any lawful or business purpose. 

DEFAULT PROVISIONS 

Events of Default. You will be in default of this Agreement if any of the following occur on this or 
any other Account you have with us: 

     You  do  not  pay  at  least  the  Minimum  Payment  Due  on  your  Account  on  or  before  the 

Payment Due Date. 

     You die or become legally incompetent. 
     A bankruptcy or other insolvency proceeding is filed by or against you. 
     You exceed or attempt to exceed your Credit Limit. 
   You  provide  us   with  or  have  provided  us  with  false  or  misleading  information  or 

signatures at any time. 

     You fail to comply with this Agreement. 
   You fail to make any payment or perform any promise in any agreement or obligation you 

have with us. 

     Any judgment, lien, attachment or execution is issued against you or your property. 
     You request an excessive number of replacement Cards. 
     We reasonably believe you will not pay amounts owed to us for any reason. 
     You permanently reside outside of the United States. 

9 

 
 
 
 
 
 
 
 
If  You  Are In Default: Upon  your default of  this Agreement, we have all remedies provided by 
law including, without limitation, and without prior notice or demand, the right to: 

     Deny use of your Account. 
     Close or refuse to renew your Account. 
     Demand the return of your Card(s). 
     Declare your entire Account balance immediately due and payable.
     Increase your Minimum Payment. 
     Initiate collection activity. 
     Not replace your Card(s). 
     Reduce your Credit Limit. 
     Pursue any action against you permitted by law. 

Collection Costs.  To  the  extent  permitted by  law,  you  must  pay  all  court  and  collection  costs, 
including reasonable  attorneys’ fees  that  we  incur  as  a  result  of  your  default.  A  contingency or 
hourly arrangement established by us with an attorney or collection agency to collect an Account 
in default is presumed prima facie reasonable. 

CLOSING YOUR ACCOUNT 

We  May  Close  or  Suspend  Your  Account.  We  may  terminate  your  privileges  under  this 
Agreement or  cancel or  limit  your privileges to make purchases or  obtain cash  advances at any 
time, with or without cause, subject to applicable notice requirements. 

You May Close Your  Account. You may terminate your Account at any time by notifying us by 
telephone or in writing. 

Whether your  Account was  terminated by us  or  by  you,  you  promise that any amounts that  you 
owe  us  at  the  time  of  termination,  plus  any  new  purchases  or  cash  advances,  as  well  as  any 
INTEREST  CHARGES,  Fees  and  Other  Charges  that  will  continue  to  be  imposed  at  the  rates 
specified in this Agreement, will be repaid according to this Agreement.   You agree that  you will 
not  try  to  make  any  purchases or  obtain  cash  advances after  you  have  been  notified  that  your 
privileges to use your Account have been canceled. You may terminate this Account at any time. 
In order to terminate your Account, you must either call us or give us written notice of your intent to 
terminate your Account at the address for inquiries shown on your Monthly Billing Statement, and 
pay your outstanding Account balance in full.  Your notice of termination will become effective as 
soon as we can reasonably  act  on  it.  If  you  request  that  we  terminate  your  Account,  but  do  
not  pay  your outstanding Account balance in full, your credit privileges will be terminated. 

Account  Non–Use, Inactivity and/or  Closure.  If  you  have  not  made  a  payment  or  used  your 
Account for a purchase or cash advance, your Account will be automatically closed, and all Fees 
posted to your Account will be reversed, when your Account cycles for the second time. 

Initial Fees Refund Disclosure. You may still reject this plan, provided that you have not yet used 
the Account or paid INTEREST CHARGES, Fees or Other Charges after receiving a Monthly Billing 
Statement. If you do reject the plan, you are not responsible for any INTEREST CHARGES, Fees 
or Other Charges. 

OTHER TERMS AND CONDITIONS 

Deposit.  If  your  Account  is  required  to  be  secured  by  a  Deposit  Account,  your  deposit  will  be 
maintained at a  financial institution of  our choice. Additional terms and conditions governing the 
Deposit Account are explained elsewhere in this Agreement. 

Binding Effect Upon Death or Incompetency. If we pay a merchant or financial institution for a 
purchase or post a cash advance to  your Account before we receive actual written notice of your 
death  or  incompetence, or  if  we  pay  a  merchant or  financial institution for  a  purchase made  by 
you  or  post a  cash advance taken by  you  prior to  your death  or  incompetence, that  transaction 
will  be  a  valid  and  binding  Account  obligation  upon  you,  your  estate  and  your  personal 
representatives. 

10 

 
 
 
 
 
 
 
 
 
 
 
 
Our Liability To You. Neither Mid America Bank & Trust Company nor Continental Finance will 
have any liability to you other than as provided in the Agreement and these terms and conditions.  
Unless imposed by law, neither Mid America Bank & Trust Company nor Continental Finance will 
be liable for any indirect, punitive, incidental, special or consequential loss or damages with respect 
to this Agreement. 

Notices.  We will send Monthly Billing Statements and any other notices to you at the address shown 
in our files. If you choose to receive Monthly Billing Statements electronically, we will send them and 
any other notices to you at the email address shown in our files. You promise to inform us promptly 
in writing of any change in your address or email address. Any written notice from you to us must be 
sent to us at Continental Finance, P.O. Box 3220, Buffalo, NY 14240-3220 or to such other address 
as we may give you, and shall be effective when received by us at such address.  In determining 
your last known address, we can accept address corrections received from the U.S. Postal Service. 

Credit Limit Increases. Your Account will be periodically reviewed for a Credit Limit Increase in 
accordance  with  applicable law  after  your  Account has  been  open  for  at  least  12  months.    In 
order to receive a Credit Limit Increase, you must qualify for and elect to receive such increase. 
Each  Credit  Limit  Increase  may  vary  in  size  but  will  be  subject  to  a  maximum  Credit  Limit  of 
$2,000.00.   Each Credit Limit Increase will appear on  your Account no later than one (1) month 
after you have qualified for such increase.  We may change the criteria applied to determine your 
eligibility  for  a  Credit  Limit  Increase  at  any  time  in  our  sole  discretion  in  accordance  with 
applicable  law.   In  addition,  we  may  elect,  in  our  sole  discretion,  to  modify  or  discontinue  the 
practice of granting Credit Limit Increases. 

Foreign Currency Conversion Rate.   If  you effect a transaction at a merchant that settles in a 
currency other than  U.S.  dollars, the  transaction amount  will  be  converted into  U.S.  dollars at  a 
government-mandated exchange rate, or a wholesale exchange rate. The government-mandated 
exchange rate or wholesale exchange rate is the rate selected for the applicable currency on the 
day the transaction is processed, which may differ from that applicable to the date the transaction 
occurred or when it is posted to your Account. 

Call Monitoring/Recording. You authorize us and any third party servicing your Account to listen 
to  and  record  telephone calls  with  you  to  evaluate the  quality of  service  or  for  any  other  lawful 
purpose, if permitted under applicable law. 

Sale/Assignment/Transfer.  We may sell, assign, or  transfer all or any portion of  your Account 
or  any Account balances due  under  your  Account without prior  notice to  you.  You may not  sell, 
assign, or transfer your Card or your Account or any of your obligations under this Agreement. 

Use  of  Information about  You  and  Your  Account.    Because  you  applied for  a  Card,  we  are 
entitled under applicable law, including the Fair Credit Reporting Act, to obtain information about 
you from a credit reporting agency. We may also verify your credit references and other information 
that  you  provide  to  us.  We  may  obtain  updated  or  additional  information  about  you,  including 
consumer reports, from  time  to  time for  any legitimate purpose including, but  not  limited to,  the 
extension of credit to you or the review or collection of your Account.  We will report late payments, 
missed payments, or other defaults on your Account to credit bureaus. 

You  understand  to  prevent  the  funding  of  terrorism  and  money  laundering,  the  United  States 
Government requires financial institutions obtain, verify and retain certain cardholder information, 
such as your name, address, date of birth and other identifying information including your driver’s 
license  or  other  government-issued ID,  to  allow  us  to  confirm  your  identity.   We  will  retain  this 
information.  W ith  respect  to  information  about  you  and  your  Account  that  is  covered  by  our 
privacy policy, we will use such information in accordance with the terms of the Privacy Policy. 

How  to  Contact  Us.    For  general  inquiries  we  can  be  reached  in  writing  at:  Continental 
Finance,  P.O.  Box  3220,  Buffalo,  NY  14240-3220.  Or,  you  can  call  our  Customer  Service 
Department  at  1-866-449-4514. Automated  Account  information  is  available  24  hours  a  day,  7 
days a  week with representatives available Monday –  Friday between the hours of  7:00 a.m. to 
10:00 p.m. and Saturday between the hours of 9:00 a.m. to 1:00 p.m., Eastern Time.   Payments 
should be mailed to the address listed on your Monthly Billing Statement. 

11 

 
 
 
 
 
 
 
 
 
 
YOUR BILLING RIGHTS 
KEEP THIS NOTICE 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 Monthly Billing Statement. 
If you think there is an error on your Monthly Billing Statement, write to us at:  

Continental Finance 
P.O. Box 3220 
Buffalo, NY 14240-3220 

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  Monthly  Billing Statement, 

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 Monthly Billing 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. W ithin 30 days of receiving your letter, we must tell  you that  we received your letter. W e 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 Monthly Billing Statement 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  Monthly  Billing  Statement,  and  we  may 

continue to charge you INTEREST CHARGES on that amount. 

   While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the 

remainder of your Account 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 CHARGES, Fees or Other Charges 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 CHARGES, Fees and Other Charges. We will send  you 
a Monthly Billing 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 Monthly Billing Statement 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 Monthly Billing Statement.  
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 Monthly Billing Statement is correct. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 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  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: 

Continental Finance 
P.O. Box 3220 
Buffalo, NY 14240-3220 

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. 

STATE DISCLOSURES 

California Residents. A married applicant may apply for a separate Account. As required by law, 
you  are  hereby  notified  that  a  negative  credit  reporting reflecting  on  your  credit  record  may be 
submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. 
After credit approval, each applicant shall have the right to use the Account up to the limit of the 
Account. Each applicant may be liable for amounts extended under the plan to any joint applicant. 

Delaware Residents. Service charges not in excess of those permitted by law will be charged on 
the outstanding Account balances from month to month. 

Kentucky Residents. You may pay the unpaid balance of your Account in whole or in part at any 
time. 

Missouri Residents.  Credit card fees are governed by MO.Rev.Stat § 408.145. 

New  York  and  Vermont  Residents.  We  may  obtain  a  consumer  report  for  any  legitimate 
purpose  in  connection  with   your  Account  or   your  application,  including  but  not  limited  to 
reviewing, modifying, renewing and collecting on your Account. Upon your request, we will inform 
you  of  the  names and  addresses of  any Consumer Reporting Agencies that  have  furnished the 
reports. New  York  residents may contact the New  York  State Banking Department (1-800-342-
3736) to obtain a comparative list 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 credit worthy customers, and that Consumer Reporting Agencies maintain 
separate  credit  histories  on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law. 

Married  Wisconsin  Residents.  No  provision  of  any  marital  property  agreement,  unilateral 
statement, or  court  order  applying  to  marital  property  will  adversely affect  a  creditor’s  interests 
unless prior to the time credit is  granted, the creditor is furnished with a copy of  the agreement, 
statement, or court order, or has actual knowledge of that provision.

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT 

The following additional terms apply in connection with your Deposit Account. 

Deposit. An initial Deposit Account balance is needed to open your Account. This amount is printed 
in  the application decision letter and must be paid by  one of  the payment methods contained in 
such letter. You may make additional deposits to your Deposit Account up to a maximum Deposit 
Account  balance of  $2,000 after the Account has  been open  for  90  days and we have received 
at least three timely Minimum Payments, we  will increase your Credit Limit to the amount of your 
Deposit Account balance. Any non-cash items tendered for deposit will be  given only provisional 
credit until collection is final. Deposit funds may be held up to 10 days. We are not responsible for 
transactions initiated by mail or outside depository institutions until we actually receive them.  We 
will treat and record all security deposit funds received after our “daily cutoff time” on a Business 
Day  we  are  open, or  received on a  day that  we  are  not  open for business, as if initiated on the 
following Business Day that we are open. 

Withdrawals. Since this Deposit Account is collateral for your Account, and not a Fee, withdrawals 
are  not permitted from this Deposit Account while there remains an outstanding balance on  your 
Account or while you retain possession of any Card. If your Account is cancelled either by you or 
us, we have ninety (90) days from the earlier of the date of the return of your Card or the expiration 
date of  the  Card  for  all  charges  made  on  the  Card  to  clear.  When  we  receive  payment  in  full 
under your  Account,  and  upon  the  expiration  of  this  period,  we  will  remit  to  you  the  full 
amount remaining in your Deposit Account. 

Applicable  Law.  Your  Deposit  Account  and  any  claim,  dispute,  or  controversy arising  from  or 
relating  to  this  Agreement  or  your  Deposit  Account,  are  governed  by  and  interpreted  under 
federal law and construed in accordance with the laws of the State of  Missouri (without applying 
its   choice-of-law  rules).   The   formation,   legality,   enforceability,   and   interpretation    of   this 
Agreement, and any amounts contracted for, charged and received under this Agreement, will be 
governed  by  such  laws.  This  Agreement  is  entered  into  between  you  and  us  in  Missouri, 
regardless of the state of your residence.  Our decisions regarding the Deposit Account are made 
in  the  State  of  Missouri.   Federal and  Missouri law  will  also  apply to  any controversy, claim, or 
dispute arising from or relating in any way to the subject matter of this Agreement and your Deposit 
Account, including, without limitation, statutory, equitable, and tort claims. 

Bankruptcy.  If  you  become  a  debtor  in  any  proceeding  under  the  United  States  Bankruptcy 
Code,  you  agree  that  you  will  recognize  us  as  a  perfected secured creditor  with  respect  to  the 
Deposit  Account  and  that  you  will  declare  the  Deposit  Account  as  exempt property pursuant to 
the provisions of the United States Bankruptcy Code or applicable State exemption laws. 

Amendments.  We  may  amend  the  terms  and  conditions  applicable  to  your  Deposit  Account 
separately  from  the  remainder  of  this  Agreement  at  any  time  with  reasonable  written  notice  to 
you, as required by law. 

Assignments  Prohibited.    You  may  not  assign  the  Deposit  Account  to  anyone  other  than  us 
without our prior written consent. 

Pledge  Agreement. As  a  security for  the  payment of  all  credit  extended through  your  Account, 
you pledge to, and grant Continental Finance, its successors and assigns, a security interest in all 
funds now and hereafter deposited in  your Deposit Account. You authorize us to unconditionally 
restrict withdrawals from  your Deposit Account. If  your Account is  in default or if  your Account is 
terminated  for  any  reason,  we  may  at  any  time  thereafter,  and  without  notice  to  you  (unless 
otherwise  required  by  law),  apply  all  or  part  of  the  funds  in  your  Deposit  Account  as  a  credit 
toward  any  and  all  amounts owed  on  your  Account.  We may also  exercise  any  other  remedies 
under  the  terms  of  this  Agreement or  otherwise  legally  available.   After  the  Account  has  been 
closed  and  you  have  returned  any  Card(s)  to  us,  and  there  are  no  amounts  owed  under  this 
Agreement, we may hold the funds in the Deposit Account until the earlier of the following:  (1) we 
in our discretion, close the Deposit Account and return any remaining funds to  you; or (2)  within 
15 days after we receive a written request from you to return any funds remaining in the Deposit 
Account.

14 

 
 
 
 
 
 
 
 
 
TRUTH IN SAVINGS DISCLOSURE –  DEPOSIT ACCOUNT 

Security  Deposit  Insurance.    This  Deposit  Account  will  be  held  at  an  FDIC  or  NCUA  insured 
financial institution and will receive the benefit of FDIC, NCUA or other depository insurance. 

Rate Information. This is a non-interest bearing Deposit Account. The Interest Rate and Annual 
Percentage Yield is 0%.  No interest accrues on the Deposit Account. 

Minimum Balance Limitations. The minimum balance to open the Deposit Account is the amount 
printed  in  the  application decision  letter.  Once  your  balance  reaches the  required amount,  your 
Account  will  be  opened.  We  must  receive  the  entire  amount  within  30  days  from  the  date  we 
received your application, or any money applied to your Deposit Account will be refunded. 

Transaction  Limitations.  No  withdrawals  will  be  permitted  from  your  Deposit  Account  while 
there  remains  a  balance  on  your  Account  or  while  you  retain  possession  of  the  Card.  The 
maximum amount of funds that may be deposited into this Deposit Account is $2,000.00. Deposit 
amounts and the corresponding methods of payment will be disclosed in the application decision 
letter. Deposit funds may be held for up to 10 days, which will delay the opening of your Account. 

Fees.  No fees are charged on this Deposit Account. 

ARBITRATION PROVISION 

PLEASE  READ  CAREFULLY: This  Arbitration  Provision  “Provision”  waives  any  right  to 
file  claims  in court, other than  a  small claims  court,  or  to  participate in  a  class  action or 
other consolidated proceeding. 

Unless  you  opt  out  of  this  Provision in  the  manner set forth below in  subpart (o),  any claim  that 
arises  out  of  or  in  any  way  relates  to  the  Agreement,  your  Account, or  this   Provision shall be 
resolved exclusively by binding bilateral arbitration in accord with the following: 

a)   This Provision is contained in a contract evidencing interstate commerce and is governed by 

the Federal Arbitration Act, 9 U.S.C. Sections 1-16. 

b)  Provision shall be administered by the American Arbitration Association (“AAA”) and conducted 
by  a  single  arbitrator using  the  applicable rules  and  procedures established by  the  AAA for 
expedited consumer arbitration. To the extent any of the AAA’s rules and procedures contradict 
the express terms of the Provision, the Provision shall control and the contradictory portions of 
the AAA’s rules and procedures shall not apply. 

c)    The Arbitrator shall enforce the Applicable Law provisions in the Agreement and shall honor 
applicable statutes of  limitations and claims of  privilege. The arbitrator may award any relief 
available under applicable law. 

d)   Any arbitration hearing or proceeding shall be held in the county of your residence unless you 

and we agree otherwise. 

e)   The   Arbitrator   has   no   authority   to   conduct   class,   joint,   or   consolidated   arbitration 
proceedings.  The  arbitrator  may  only  conduct  arbitration  and  resolve  claims  on  a  bilateral 
basis. 

f)  Regardless of  who  asserts  a  claim[s], we  shall  advance  your  portion of  the  arbitration filing 
and  hearing fees. If  we  prevail in  arbitration, the  arbitrator may require  you  to  reimburse us 
for  any filing and  hearing fees that  we advanced on  your behalf provided that the total filing 
and  hearing  fees  paid  by  you  shall  not  exceed  the  court  costs  you  would  have  paid  in  a 
comparable  state  court  action.  This  subpart  (f)  shall  not  affect  attorney’s  fees  or  costs,

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including  witness  or  expert  witness’  fees  or  costs.  You  shall  be  responsible  for  your  own 
attorney’s fees and costs. 

g)   If permitted by applicable law, the arbitrator may award reasonable attorney’s fees and costs 

to the party who substantially prevails in arbitration. 

h)   In the event the AAA or its rules and procedures are unavailable for any reason, you or  we 
may  ask  a  court  to  appoint  a  substitute  arbitrator  to  arbitrate  under  comparable  rules  and 
procedures.  The  unavailability of  the  AAA  or  its  rules  and  procedures  shall  not  render  the 
Provision unenforceable. 

i)  The  Provision  covers  any  claim  arising  out  of  or  in  any  way  relating  to  the Provision 
itself.  All  issues  of  arbitrability  must  be  arbitrated,  including  but  not  limited  to whether 
the Provision is enforceable or applicable. 

j)  The Provision remains in full force and effect unless you opt out of the Provision in accordance 
with  subpart  (o)  or  you  and  we  otherwise  agree  in  writing  to  set  the  Provision  aside.  The 
Provision  survives,  for  example  but  without  limitation,  the  cancellation  or  termination  of the 
Agreement or  your Account, the satisfaction of any obligations under the  Agreement or your 
Account,  the  transfer,  sale,  or  assignment  of  the  Agreement  or  your  Account  or  any rights 
under either, and the bankruptcy of any party. 

k)    Each of the following persons or entities is an intended beneficiary of the Provision and may 
enforce the Provision in  full  with respect to  any claims between such  persons or entities  on 
the one hand and you on the other hand that arise out of or in any way relate to the Agreement 
or the Provision: Continental Finance and any of its or our past, present, and future employees, 
agents,  principals,  representatives, directors,  officers, shareholders,  governors,  managers, 
members,    parent    companies,  subsidiaries,  affiliated  entities,      partners,      licensees,   
attorneys,    predecessors,   successors,   joint    venturers, contractors, assigns, designees, 
servicers,  and  “service  providers”  (defined  as  any  third  party  providing  us  or  any  of  the 
foregoing entities or persons any goods or services that arise out of or in any way relate to the 
Agreement or the Provision). 

l)  The Provision may be enforced by or against any person or entity purporting to bring claims 
on  your  behalf,  including  but  not  limited  to  any  agent,  representative, guardian, or  trustee. 
The Provision may also be enforced by or against any person or entity who acquires any right 
or  interest that, but  for  the transfer of  the right or  interest, would have belonged to us or an 
intended beneficiary of the Provision. 

m)  You  and  we  shall  retain  the  right  to  bring  in  the  small  claims  court  for  the  county  of  your 
residence any claims that are within the small claims court’s jurisdiction. Any appeal or other 
review  of  a  small  claims  court  judgment  or  order  shall  be  undertaken  exclusively  by 
arbitration in accordance with the Provision. 

n)  With  the  exception  of  subpart  (e),  if  any  part  of  the  Provision  is  found unenforceable, 
subject to any rights to judicial and/or appellate review the offending part shall be severed and 
the balance of the Provision shall remain in effect and shall be construed in light of the express 
intent of  you and us  to resolve all claims on a bilateral basis in binding arbitration. If a final, 
non-appealable  court  judgment  finds  that  subpart  (e)  is  unenforceable  or  cannot  be  given 
effect, the entirety of the Provision shall be null and void. 

o)    You may opt out of this Provision by sending written notice to us of  your decision to opt out. 
Notice must be sent by United States Postal Certified Mail, Return Receipt Requested, to the 
following address: Mid America Bank & Trust Company, c/o  Continental Finance Company, 
P.O. Box 3220, Buffalo, NY 14240-3220. The notice must be postmarked no later than 30 days 

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after the date of your Agreement. You must retain proof of receipt. Your decision to opt out will 
not affect our decision to continue to extend credit to you under the Agreement. 

MasterCard® and the MasterCard acceptance mark and service marks used by Mid America Bank 
& Trust Company under license from MasterCard International. 

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