VISA® CARDHOLDER AGREEMENT

THIS  CARDHOLDER  AGREEMENT  CONTAINS  AN  ARBITRATION 
PROVISION. 
  UNLESS  YOU  ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON 
YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT 
TO BRING OR PARTICIPATE IN A CLASS ACTION.

This cardholder agreement (“Agreement”) contains the terms and conditions 
under which Mid America Bank & Trust Company has agreed to establish a 
Visa® credit card Account (“Account”) for you.  The accompanying Pricing 
Disclosures are part of this Agreement.  This Agreement contains our most 
current  terms  and  supersedes  any  prior  terms  you  may  have  received 
from us.  Please read this Agreement carefully and retain it for your future 
reference.  

Acceptance  of  Agreement.    Use  of  the  Card  or  Account  by  you  or  an 
Authorized User shall constitute your agreement to the terms and conditions 
of  this Agreement.    Whenever  stated  in  this Agreement  that  we  may  take 
certain described action, this permits us to do so at our sole discretion.

Effective Date of Agreement.  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, and (2) the expiration of 30 
days from the date we deliver this Agreement to you if you do not provide 
us  written  notice  of  your  desire  to  cancel  within  this  30  days.  If  you  are  a 
resident of the State of New York, this Agreement is not effective until the first 
Purchase made or Cash Advance taken on your Account. 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. You are not obligated to pay any Fees or Interest Charges (other 
than any Fees required to be paid prior to opening your Account) until this 
Agreement is effective.

PRICING DISCLOSURES

Credit Card 
Tips from the 
Consumer 
Financial 
Protection 
Bureau

Fees

Set-Up and 
Maintenance Fees

To  learn  more  about  factors  to  consider  when 
applying for or using a credit card, visit the website 
of  the  Consumer  Financial  Protection  Bureau  at 
http://www.consumerfinance.gov/learnmore.

Notice:    The  Annual  Fee  will  be  assessed 
before you begin using your card and will reduce 
the amount of credit you initially have available.  
Based on your initial credit limit of $300.00, your 
initial available credit will only be $225.00 (only 
$196.00  if  you  choose  to  have  an  additional 
card).  

You may still reject the plan, provided that you 
have not yet used the account or paid a fee after 
receiving  a  billing  statement.    If  you  reject  the 
plan,  you  are  not  responsible  for  any  fees  or 
charges.  

   Processing Fee

$89.00 (one-time fee).

   Annual Fee

$75.00 for first year 
      After that, $48.00 annually. 

Monthly 
Servicing 
Fee

Additional 
Card Fee

Transaction Fees 

None for first year (introductory)
      After that, $75.00 annually 
      ($6.25 per month).

$29.00 annually (if applicable).

These  Pricing  Disclosures  are  part  of  the  Cardholder 
Agreement.  

Cash Advance 
Fee

Either $5.00 or 5% of the amount of each 
cash advance, whichever is greater.

Interest Rates and Interest Charges
29.99% 

Annual 
Percentage 
Rate (APR) for 
Purchases

APR for Cash 
Advances

29.99% 

Paying Interest

Your due date will be a minimum of 21 days after 
the close of each billing cycle.  We will not charge 
interest on new purchases if you pay your entire 
balance  by  the  due  date  each  month.  We  will 
begin charging interest on cash advances on the 
transaction date.

Minimum Interest 
Charge

If you are charged interest, the charge will be no 
less than $0.50.  

Penalty Fees 

Late Payment Fee

Up to $37.00; up to $15.00 for Iowa residents.

Returned 
Payment Fee

Up to $37.00; up to $15.00 for Iowa residents.

How We Will Calculate Your Balance: We use a method called “Average 
Daily Balance (including new purchases).” See your cardholder agreement 
for more details.  

Fees:  

Billing Rights: Information on your rights to dispute transactions and how 
to exercise those rights is included in the cardholder agreement and on the 
back of your monthly billing statement.  

Additional Information Regarding Processing Fee

We require a one-time up front Processing Fee of $89.00 to be paid in full 
before your Account is opened.  Once we have received and processed your 
payment of the Processing Fee, your Account will be opened and you may 
activate and begin using your Card.  Refer to the Section entitled “Refund 
Disclosure” for additional information.  

Additional Information Regarding Interest Charges and Other Fees

M-112397

Your Account  is  subject  to  the  following  Interest  Charges  and  Fees,  each 
of which will be charged to your Account as a Purchase for the purpose of 

calculating Interest Charges:

Interest Charges:  

Paying Interest Charges.  You agree to pay us Interest Charges on your 
Account as described herein.  Subject to any grace period for new Purchases 
as described in the next section, Interest Charges will be imposed beginning 
the  date  a  Purchase  or  Cash Advance  is  posted  to  your Account  and  will 
continue to accrue until payment is posted. 

whichever is greater.  

Late Payment Fee.  If we do not receive payment from you in at least the 
amount of your Total Minimum Payment Due by the due date shown on your 
monthly  billing  statement,  you  will  be  charged  a  Late  Payment  Fee.    The 
fee will be the lesser of (a) $26.00 if you did not incur a Late Payment Fee 
during any of the prior six billing periods; otherwise $37.00, or (b) your past 
due Total Minimum Payment Due amount. Notwithstanding the foregoing, the 
Late Payment Fee for Iowa residents shall not exceed $15.00.

How  to  Avoid  Paying  Interest  Charges  on  New  Purchases  (Grace 
Period).  If you paid the New Balance on your prior monthly billing statement 
by  the  due  date  shown  on  that  billing  statement,  we  will  not  impose  any 
Interest  Charges  on  new  Purchases,  or  any  portion  of  a  new  Purchase, 
paid  by  the  due  date  on  your  current  monthly  billing  statement  (which  will 
be at least 21 days from the billing cycle closing date).  New Purchases are 
Purchases that first appear on your current billing statement.  Cash Advances 
are subject to Interest Charges from the date the transaction is posted to your 
Account.  Unlike Purchases, this means there is no time in which you can pay 
the balance of Cash Advances in order to com pletely avoid Interest Charges 
on Cash Advances.  

Returned  Payment  Fee.    If  any  check  or  other  item  tendered  in  payment 
of the amount due on your Account is returned unpaid for any reason, you will be 
charged a Returned Payment Fee.  The fee will be the lesser of (a) $26.00 if 
you did not incur a Returned Payment Fee during any of the prior six billing 
periods; otherwise $37.00, or (b) your past due Total Minimum Payment Due 
amount.   Notwithstanding the foregoing, the Returned Payment Fee for Iowa 
residents shall not exceed $15.00.

Additional  Card  Fee.    If  you  authorize  us  to  issue  an  additional  Card  for 
your Account, an Additional Card Fee of $29.00 will be imposed annually for 
each additional Card.  

How  We  Calculate  Interest  Charges  – Average  Daily  Balance  Method 
(Including  Current  Transactions).    Interest  Charges  on  Purchases  are 
calculated  by  applying  the  monthly  periodic  rate  (shown  below)  to  the 
average  daily  balance  of  Purchases  (including  new  Purchases)  for  each 
billing cycle.  To calculate the average daily balance of Purchases, we take 
the  beginning  balance  of  Purchases  each  day,  add  any  new  Purchases 
(including Interest Charges and other Fees and charges), and subtract any 
applicable payments and credits.  This gives us the daily balance.  We add 
up  all  the  daily  bal ances  for  the  billing  cycle  and  divide  by  the  number  of 
days in the billing cycle to determine the average daily balance of Purchases.  
Interest Charges on Cash Advances are calculated by applying the monthly 
periodic rate (shown below) to the average daily balance of Cash Advances 
(including new Cash Advances).  To get the average daily balance of Cash 
Advances, we use the same calculation method that we use for Purchases.  

Monthly  Periodic  Rate  and  Corresponding  ANNUAL  PERCENTAGE 
RATE  (APR).    Interest  Charges  for  Purchases  and  Cash  Advances  are 
calculated at a monthly periodic rate of 2.4992%, which is a corre sponding 
ANNUAL PERCENTAGE RATE (APR) of 29.99%.  We calculate the monthly 
periodic rate by dividing the APR by 12.   

Minimum  Interest  Charge.    In  any  month  in  which  an  Interest  Charge  is 
due, if that Interest Charge is less than $.50, we may charge you a minimum 
Interest  Charge  of  $.50.    Notwithstanding  the  foregoing,  during  the  first 
12  months  your Account  is  open,  any  Interest  Charges  assessed  on  your 
Account will be equal to the actual accrued interest.  

Annual Fee. Your Account will be assessed an Annual Fee of $75.00 when 
your Account is opened and $48.00 every twelve months thereafter whether 
or not you use your Account.  The Annual Fee is non-refundable except as 
provided in Section below entitled “Refund Disclosure”.  Your payment of the 
Annual Fee does not affect our right to close your Account.  The Annual Fee 
will not be billed to your Account after your Account is closed.  The Annual 
Fee will be pro-rated based on when the Account is reopened and the Card 
is re-issued.       

Monthly  Servicing  Fee.    Your  Account  will  not  be  charged  a  Monthly 
Servicing  Fee  for  the  first  year  (introductory)  following Account  opening.   
Each month thereafter, your Account will be charged a Monthly Servicing 
Fee of $6.25 per month ($75.00 annually).  This fee will be billed until your 
Account is closed and the balance is $20.00 or less.  

Cash Advance Fee.  In addition to the periodic Interest Charge we assess 
on Cash Advances, each time you obtain a Cash Advance, we will impose 
a  transac tion  fee  of  $5.00  or  5%  of  the  amount  of  each  Cash Advance, 

Express  Delivery  Fee.    We  impose  a  $35.00  fee  for  the  express  delivery 
of your Card.  

Expedited Phone Pay Fee.  Each time you contact us to arrange a payment 
by a draft on your deposit account or by debit or credit card using an expedited 
service by a customer service representative; we will impose an Expedited 
Phone  Pay  Fee  of  $10.00.    This  fee  will  be  charged  to  your Account  and 
will be paid by adding the amount of the fee to the amount of the draft.  For 
purposes of this Agreement, “expedited” means crediting a payment to your 
Account the same day or, if the payment is received after the payment cut-off 
time (5:00 pm CST), the next business day.

Copying Fee.  If you request duplicates of any monthly billing statement or 
other document, a copying charge of $3.00 per page may be imposed, unless 
the request is made in connection with a bona fide billing error dispute.

Defined Terms

“You”  and  “your”  mean  each  person  who  applied  for  the  Account,  each 
person to whom Mid America Bank & Trust Company issues a Card.  

“We,”  “us,”  “our,”  means  Mid  America  Bank  &  Trust  Company,  Dixon, 
Missouri,  and  our  agents,  authorized  representatives,  successors,  and 
assignees or other holders of this Agreement or your Account.  

“Authorized  User”  means  anyone  who  uses  a  Card  or  your Account  with 
your consent.  

“Card” means any Visa® credit card issued in connection with your Account, 
including  all  renewals  and  substitutions.  It  also  means  any  other  access 
device for your Account we give you that allows you to obtain credit, including 
any Account number.

“Cash Advance” means each of the following transactions:  (a) a transaction 
draw ing upon your Account using your Card and PIN (described below) at an 
ATM that bears the Visa® logo; (b) a trans action at any participating Visa® 
financial  institution  drawing  upon  your  Account;  (c)  an  electronic  or  other 
transfer of funds initiated by us, at your request (i.e., we sign the check as 
the drawer), drawing upon your Account; (d) use of a check provided by us 
(i.e.,  you  sign  the  check  as  the  drawer)  drawing  upon  your Account;  (e)  a 
transaction and the fees associated with using your Card to purchase cash 
equivalents,  including  wire  transfers,  money  orders,  and  travelers’  checks; 
and (f) any other method of obtaining a cash loan.  

“Fees”  means  charges  imposed  on  your  Account  as  described  in  this 
Agreement that are not based on an Annual Percentage Rate.

“Interest  Charges”  means  any  charges  to  your  Account  based  on  the 
application of an Annual Percentage Rate.

“New Balance” means the outstanding balance of your Account at the end 
of any billing cycle. 

“Purchase” includes (a) a transaction using your Card to pur chase or lease 
goods  or  services  from  one  who  honors  the  Card;  (b)  any  other  Account 
related  Fees;  and  (c)  any  other  transaction  that  is  not  otherwise  a  Cash 
Advance.

Other important words used in this Agreement begin with capital letters. They 
are defined throughout this Agreement.

Using Your Card 

Permitted  Uses.    You  may  use  your  Card  and  your  Account  to  make 
Purchases  wherever  your  Card  is  accepted,  provided  your  Account  is  in 
good standing and you have available credit.  Each time you use your Card, 
either  for  a  Purchase  or  a  Cash Advance,  you  are  requesting  us  to  make 
a loan to you for the amount of the Purchase or the Cash Advance.  If you 
use  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  you  used  the  Card  itself.  
Each Purchase and Cash Advance obtained will reduce the available credit 
under your credit limit until it is repaid in accordance with the terms of this 
Agreement. 

Cash Advances.  You may use your Card to obtain Cash Advances if your 
Account  has  been  open  for  at  least  the  later  of  ninety  (90)  days  or  three 
completed  billing  cycles,  is  not  past  due  and  you  have  available  credit  for 
Cash Advances.  You may obtain Cash Advances from an Automated Teller 
Machine (“ATM”) or through a bank teller. However, the total of your unpaid 
Cash Advances may not exceed one-half of your credit limit.  Cash Advance 
amounts may also be subject to limits imposed by banks and ATM operators.  

Prohibited  Uses.   You  may  not  use  your  Card  outside  the  United  States, 
or to make a charge in a foreign currency.  The Card may not be used for 
any  illegal  transactions.    The  Card  may  not  be  used  for  on-line  gambling 
transactions  or  at  an  automated  fuel  pump.    You  further  acknowledge 
that  your  Card  will  be  for  personal  use  and  may  not  be  used  for  business 
purposes.  If you use, or allow someone else to use your Card or Account 
for any prohibited purpose, you will be responsible for such use and may be 
required to reimburse us for all amounts or expenses we pay as a result of 
such use.

Card.  You agree to sign the back of the Card issued to you in connec tion 
with  your Account  immediately  upon  receipt.   The  Card  is  valid  during  the 
dates provided on the front. The Card is our property, and you will return it to 
us or destroy it if we ask. 

PIN.    Upon  your  request,  you  may  be  assigned  a  personal  identification 
number (“PIN”).  With a PIN, you may use your Card to obtain Cash Advances 
from an ATM. You should keep your PIN secure and not write it down, give 
it to anyone, or keep it with your Card. If you lose your Card or believe that 
someone has gained unauthorized access to your PIN, you must contact us 
immediately.  You may request or change your PIN by calling us at (888)-257-
1159 or visiting us online at www.myccpay.com.  

Credit  Limit.    Your  credit  limit  is  the  maximum  amount  of  credit  we  have 
approved  for  your Account. Your  credit  limit  will  be  disclosed  to  you  when 
your Card is issued and will also appear on your monthly billing statement.  
You agree not to make any Purchase or obtain any Cash Advance that would 
cause the unpaid balance of your Account to exceed your credit limit. The 
total of your unpaid Cash Advances may not exceed one-half of your credit 
limit.    You agree that we may change your credit limit at any time without 
affecting your obligation to pay the amounts you owe under this Agreement.  
At our sole discretion, we may honor Purchases or Cash Advances in excess 
of your credit limit without raising your credit limit. If we do, we may require 

you  to  pay  us  any  amount  over  your  credit  limit  immediately.  If  we  have 
previously allowed your balance to exceed your credit limit, it does not mean 
that we will permit your balance to exceed your credit limit  again. See the 
next section with respect to credit limit increases.

Credit  Limit  Increases.  Upon  your  request,  credit  limit  increases  may  be 
granted after your Account has been open for at least six (6) billing cycles, 
has not been past due for the prior six (6) billing cycles and is not over limit.  
Every six (6) billing cycles thereafter, upon your request, we will review your 
Account for a credit limit increase using the same requirements.  There is no 
fee imposed for the review, or any resulting increase in the credit limit.  We 
reserve the right to decline your request for a credit limit increase in our sole 
discretion.       

Lost  or  Stolen  Card;  Liability  for  Unauthorized  Use.    You  will  take 
reasonable steps to prevent the unauthorized use of your Card and Account. 
If your Card is lost or stolen, or you think someone used your Account without 
your permission, tell us immediately by notifying us by phone at (888)-257-
1159 or in writing at PO Box 91510, Sioux Falls, South Dakota 57109.  You 
may be liable for the unauthorized use of your Card. In New York, you will not 
be liable for unauthorized use of the Card that occurs prior to the effective 
date  of  this  Agreement.    You  will  not  be  liable  for  unauthorized  use  that 
occurs  after  you  notify  us,  orally  or  in  writing,  of  the  loss,  theft  or  possible 
unauthorized use.  In any case, your liability will not exceed $50. You agree 
to  cooperate  in  our  investigation  of  the  unauthorized  use  and  provide  any 
information  we  deem  necessary  to  our  investigation.    We  will  send  you  a 
new Card with a new account number to replace the Card that was lost or 
stolen. Although you will be issued a new account number, you will not be 
considered to have opened a new account, and any existing balance will be 
transferred  to  the  replacement  account.    Please  see  “Your  Billing  Rights” 
section below for more details.

Declines and Authorizations.  You agree that we shall have no liability if 
any merchant or bank refuses to honor your Card or Account number, if an 
ATM or other device fails to properly operate, or if services are unavailable 
due  to  circumstances  beyond  our  control  (such  as  system  failures,  fires, 
floods, natural disasters, or other unpredictable events).  Some transactions 
on your Account will require prior approval. These prior approvals are called 
“authorizations”. We may limit the number of authorizations we will give your 
Account during any certain period of time (day, weekend, week) and we may 
deny an authorization if we suspect that your Account is being used without 
your permission. If our authorization system is not working fully, we may be 
unable to give an authorization even though the transaction would not exceed 
your credit limit. For security reasons, we cannot explain the details of how 
the authorization system works. You agree that we will not be liable for failing 
to give an authorization.   We are not obligated to honor every transaction, 
even  if  you  have  available  credit.    We  may  decline  a  transaction  on  your 
Account  at  our  discretion  for  any  reason  including  the  following:    because 
of operational  considerations, because your Account is in default, or if we 
suspect fraudulent or unlawful activity.  We are not responsible for any losses 
if a transaction on your Account is declined for any reason, whether by us or 
a third party, even if you have sufficient credit available. If the authorization 
is denied, we may notify the person who attempted the transaction that it has 
been refused. Transactions at some participating merchants (such as hotels, 
car  rental  companies,  and  restaurants)  may  result  in  authorizations  for 
amounts greater than the actual purchase amount, which will have the effect 
of making less credit available on your Account for several days (usually until 
the date the actual purchase amount is received from the merchant). 

Authorized Users.  If another person is given access to your Account 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. We are not 
required to try to obtain payment from any Authorized User before requiring 
payment from you. You and each Authorized User agree that we may report 
Account  information  to  consumer  reporting  agencies  in  the  names  of  both 

you and the Authorized User.

Removing an Authorized User. If you want to remove an Authorized User 
from the Account, you must contact us as provided on your monthly billing 
statement and request their removal. We will have a reasonable amount of 
time after your request to research the situation and remove them. You also 
must immediately destroy all Cards in their possession and cancel all of their 
billing arrangements to the Account. We will not do this for you. During this 
time, you still will be responsible for all amounts they charge to the Account. 
You will be responsible even if these amounts do not appear on the Account 
until  later.  An  Authorized  User  may  remove  themselves  from  the  Account 
upon request. We may close your existing Account and/or issue a new Card 
with a new Account number.

Transactions Made in Foreign Currencies.  Although charges outside the 
United States or in a foreign currency are not allowed, if you make a charge 
in a foreign currency, the exchange rate for the transaction will be either (a) a 
rate selected by Visa from the range of rates available in wholesale currency 
markets for the applicable central processing date, which rate may vary from 
the rate Visa itself receives, or (b) the government mandated rate in effect for 
the applicable central processing date.  

Payments

Your Promise to Pay.  You promise to pay to us all amounts advanced to you 
(including amounts advanced to any Authorized User) under this Agreement, 
plus all Fees and Interest Charges assessed on those amounts, and all other 
charges, costs, and fees which you incur under the terms of this Agreement.  

Total Minimum Payment Due.  You may pay any or all of the amounts you 
owe at any time without penalty, but you must pay at least the Total Minimum 
Payment  Due  each  month  on  or  before  the  due  date  in  order  to  maintain 
your  credit  privileges.   The  “Total  Minimum  Payment  Due”  is  comprised  of 
the Monthly Payment plus any amount past due, as reflected on the monthly 
billing statement.   If the New Balance shown on your statement is $37.00 
or  less,  the  “Monthly  Payment”  is  the  New  Balance.    If  the  New  Balance 
exceeds $37.00, the Monthly Payment is the greater of (a) five percent (5%) 
of your New Balance at the end of the billing cycle (rounded up to the nearest 
dollar) or (b) $37.00.  The Total Minimum Payment Due may also include the 
amount by which your New Balance exceeds your credit limit (“Over Credit 
Limit Amount”).  Failure to pay the Over Credit Limit Amount as requested 
on your monthly billing statement will not, by itself, cause your Account to be 
delinquent. The Total Minimum Payment Due is due by the due date shown 
on the monthly billing statement (the due date will be at least twenty-one (21) 
days from the billing cycle closing date) and payments must be made to Mid 
America Bank & Trust Company at the address shown on the monthly billing 
statement.  Merchandise refunds, Fee or Interest Charge reversals or other 
credits to your Account will be applied towards your outstanding balance, but 
will not be treated as payments for purposes of satisfying your obligation to 
make the next Total Minimum Payment Due.  

Payment Instructions.  Payments received in Proper Form before 5:00 pm 
CST on a business day will post to your Account that day.  Payments received 
after 5:00 pm CST on a business day and payments made on a Saturday, 
Sunday, or bank holiday will post to your Account the following business day.  
We  may,  in  our  discretion,  accept  payments  not  received  in  Proper  Form, 
but  crediting  of  such  payments  may  be  delayed  up  to  five  business  days 
following receipt. Delayed crediting may cause you to incur a Late Payment 
Fee and additional Interest Charges.  “Proper Form” means that a payment 
sent by mail or courier follows these guidelines:
•  Payments must be sent to the address on the payment coupon of your 

monthly billing statement.

•  Payments  must  be  made  by  personal  check,  money  order,  cashier’s 
check, or guaranteed funds (described below) in U.S. dollars payable to 
Mid America Bank & Trust Company.

•  All checks or negotiable instruments must be drawn on a U.S. financial 
institution  and  contain  proper  signatures  and  consistent  numeric  and 
written amounts.

•  Your  payment  coupon  must  be  included  with  your  payment.  If  your 
payment coupon is not included, your name and account number must be 
printed legibly on your check or negotiable instrument.

Payments  not  made  in  guaranteed  funds  may  not  create  available  credit 
for up to fourteen (14) days to allow the payment to clear or even longer if 
circumstances  warrant  an  additional  hold,  or  if  we  deem  ourselves  at  risk 
for  any  reason.    Guaranteed  funds  which  are  accepted  include  payments 
in  the  form  of  bank  or  postal  money  orders,  bank  cashiers  checks,  debit 
card  payments,  Western  Union  and  MoneyGram.    This  list  may  change.  
Please  call  customer  service  for  a  current  list  of  payments  accepted  as 
guaranteed funds.  Third party payments are subject to review and may not 
immediately  create  available  credit.   At  our  discretion,  we  may  accept  late 
or  partial  payments,  as  well  as  payments  that  are  marked  “paid  in  full”  or 
other  restrictive  endorsements,  without  losing  any  of  our  rights  under  this 
Agreement.    You  agree  that  we  need  not  examine  any  payment  check  to 
confirm that it is not postdated, and that we may deposit any postdated check 
for  payment  to  us  on  the  day  we  receive  it.  Satisfaction  of  a  debt  for  less 
than the full amount due or imposition of any other term or condition on us 
requires a written agreement, signed by an authorized Bank representative. 
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  other wise  tendered  as  full  satisfaction  of  a  disputed 
amount or (b) is ten dered 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  at  the  payment  address.    You  waive  presentment 
for  payment,  protest,  notice  of  non-payment  and  of  protest,  and  agree  to 
any extensions of time of payment and partial payment before, at, or after 
maturity.  You may at any time pay more than your minimum payment or pay 
off your entire balance in full without any additional charge for prepayment. 
No  matter  how  large  your  payment  is  in  one  billing  cycle,  you  will  need  to 
make a payment in the following cycle if you have an outstanding balance. 
You are not authorized to use your available credit to make a payment on 
your Account and we may refuse such payments in our sole discretion.  We 
may  resubmit  and  electronically  collect  returned  payments.  We  may  also 
adjust your Account as necessary to correct errors, to process returned and 
reversed payments, and to handle similar issues.

How  We  Apply  Payments.    Payments  will  be  applied  in  a  manner  we 
determine in accordance with applicable law, and the application of payments 
may change from time to time.  

Credit Balances. You may not maintain a credit balance on your Account.  
If  payments  cause  a  credit  balance,  your  Account  may  be  temporarily 
suspended and subject to further review.  We may reject and return to you 
any  payment  that  creates  a  credit  balance  on  your  Account.  Any  credit 
balance we allow will not be available until we confirm that your payment has 
cleared. You may contact us as provided on your monthly billing statement 
and request a refund of any available credit balance of $1.00 or more. If you 
contact  us  in  writing,  we  will  refund  your  credit  balance  within  7  business 
days from our receipt of your written request.  If you do not request a refund, 
we will apply credit balances to future amounts you owe us unless a refund 
is required by law.

Electronic Check Presentment.  By sending us a check as payment, you 
authorize us to use information on your check to make a one-time electronic 
funds transfer from your account at the financial institution indicated on your 
check  or  to  process  the  payment  as  a  check  transaction.    When  we  use 
information from your check to make an electronic funds transfer, funds may 
be withdrawn from your bank account as soon as the same day we receive 
payment.  If your check is processed electronically, your canceled check will 
not be returned to you by your financial institution. We will retain an image of 
your electronically processed check(s) as required by law. If requested prior 
to the time we are allowed by law to destroy electronically processed checks, 
we  will  provide  you  with  a  copy  of  your  electronically  processed  check(s) 
upon your request.  

Monthly Billing Statements, Communications and Information About You

•  Payments must not be in the form of cash or third-party checks. 

Monthly Billing Statements.  We will send you a monthly billing statement 

                 
   
 
 
 
at the end of each monthly billing cycle in which your Account has a debit or 
credit balance of more than $1.00, if an Interest Charge has been imposed 
or if other Account activity has occurred. Your statement will arrive around the 
same time each month, however we reserve the right to change the date of 
your billing cycle at any time to the extent permitted by law.  The statements 
we send to you will reflect the activity and our Interest Charges, Fees and 
other  charges  on  your Account  during  the  immediately  preceding  monthly 
billing cycle. They will also show your Total Minimum Payment Due and the 
due date by which we must receive payment. The information contained on 
the statement will be deemed to be correct unless you notify us in accordance 
with the Section below entitled “Your Billing Rights”. 

Communication with You.  We may contact you from time to time regarding 
your Account.  We  (and  our  affiliates,  agents  and  contractors)  may  contact 
you in any manner we choose to the extent allowed by applicable law. For 
example, we may contact you: 
(1) by mail, telephone, email, or text message;
(2) by using an automated dialing or similar device (“autodialer”);
(3) at your home and at your place of employment;
(4) on your mobile, wireless or cellular telephone or similar device, which 
may result in charges to you;
(5) at any time, including weekends and holidays;
(6) with any frequency; 
(7)  by  leaving  prerecorded  and  other  messages  on  your  answering 
machine/service and with others; and 
(8) by identifying ourselves, your relationship with us and our purpose for 
contacting you even if others might hear or read it.
We  may  monitor  or  record  any  conversation  or  other  communication  with 
you. Unless the law states we cannot, we may modify or suppress caller ID 
and similar services and identify ourselves on these services in any manner 
we choose. You also agree that we may contact you using phone numbers, 
addresses  and  e-mail  addresses  we  obtain  from  public  and  nonpublic 
databases  we  may  lawfully  access.  Where  allowed  by  law,  we  also  may 
contact other individuals who may be able to provide updated employment, 
location,  and  contact  information  for  you.    Some  of  the  legal  purposes  for 
calls  and  messages  include:  suspected  fraud  or  identity  theft;  obtaining 
information; transactions on or servicing of your Account; collecting on your 
Account; and providing you information about certain products, services and 
promotions.

Your  Consent  for  Calls  and/or  Text  Messages  to  Your  Mobile  Phone.  
When you give us or we obtain your mobile telephone number, you expressly 
agree that we (and our affiliates, agents and contractors) may contact you at 
this number using an autodialer and can also leave prerecorded and other 
messages,  including  text  messages.  We  may  do  these  things  whether  we 
contact  you  or  you  contact  us.   You  agree  you  will  be  responsible  for  any 
fees  or  charges  you  incur  as  a  result  of  incoming  calls  or  text  messages 
from us, from our affiliates or from any third party acting on behalf of us or 
our affiliates.

Notices.  Any notice required to be provided to you under this Agreement 
shall be given to you at your residence address shown on our records and 
shall  be  effective  when  sent  by  first  class  mail,  unless  otherwise  required 
by  Missouri  law.    You  agree  to  advise  us  promptly  of  any  change  in  your 
address.  Any notice from you to us shall be sent to PO Box 91510, Sioux 
Falls, South Dakota 57109 or to such other address as we may give you and 
shall be effective when received by us.  We may, at our discretion, accept 
mailing address corrections from the United States Postal Service.  

Privacy Policy. The privacy policy for Mid America Bank & Trust is provided 
separately in accordance with applicable law.

Your  Account  Information.    We  need  current  information  about  you 
to  manage  your  Account.  The  information  we  need  includes:  (1)  your 
legal  name;  (2)  a  valid  U.S.  mailing  address  and  residential  address  (if 
different); (3) your e-mail address; (4) your social security number or other 
government  identification  number;  (5)  your  telephone  number(s);  and  (6) 
your employment and income information. You are responsible for promptly 
notifying us when this information changes. We may require you to provide 

additional documents that are acceptable to us to verify this information or 
any changes. We maintain the right to restrict or close your Account if your 
information cannot be verified or if you do not provide additional information 
as requested.

Credit Information.  We are entitled under applicable law, including the Fair 
Credit Reporting Act, to obtain information about you from a credit report ing 
agency and we may also verify your credit references and other information 
that  you  provide  to  us.    We  may  obtain  updated  or  addi tional  information 
about you, including consumer reports, for any legitimate purpose including, 
but not limited to, the extension of credit to you or the review or collection 
of your Account.  We may provide information about you and your Account 
to  credit  reporting  agencies  and  others  as  provided  in  our  privacy  policy. 
Information  we  provide  might  appear  on  your  and  your Authorized  Users’ 
credit reports. This could include negative information if you do not comply 
with the terms of this Agreement. 

Your Contract With Us

Amendment  or  Modification.   At  any  time  and  subject  to  applicable  law, 
we may change or delete any term of, or add new terms to, this Agreement, 
including  without  limitation  the  Interest  Charge,  Annual  Percentage  Rate, 
Fees,  Total  Minimum  Payment  Due  amount,  and  the  arbitration  provision.  
Unless prohibited by applicable law, these changed or new terms will apply 
to any Account balance outstanding on the effective date of the change and 
to all future balances.  When required by applicable law, we will notify you 
in advance of any changes, deletions or addi tions.  Our notice will tell you 
when and how the changes will take effect and describe any rights you have 
in connection with the changes. 

Governing Law.  This Agreement and your Account, and any claim, dispute 
or  controversy  (whether  in  contract,  tort,  or  otherwise)  at  any  time  arising 
from or relating 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  regard  to  internal  principles  of  conflict  of  laws),  but  we  rely  on 
the provisions of Nebraska law with respect to the Fees that apply to your 
Account as authorized by Missouri Revised Statutes Section 408.145.   

Default.  We may declare your Account to be in default upon the occurrence 
of any of the following events:
(a) You fail to make any payment required under the terms of this Agreement 
when due;
(b) You fail to comply with any of the terms and conditions set forth in this 
Agreement;
(c) You exceed your credit limit;
(d) You become incapacitated or die;
(e) You provide us with false or mis leading information or signatures in any 
respect;
(f) We obtain information that causes us to believe that you may be unwilling 
or unable to pay your debts to us on time;
(g) We in good faith deem Mid America Bank & Trust Company to be insecure 
or believe that the prospect of payment is impaired;
(h) You file for bankruptcy;
(i)  You  move  out  of  the  U.S.  or  you  provide  us  with  a  non-U.S.  mailing 
address.
(j)  You request an excessive number of replacement Cards.
Upon your default, we can suspend or terminate your ability to use your Card 
or Account, lower your credit limit, increase your Total Minimum Payment Due, 
demand the return of your Card(s), declare your entire balance immediately 
due and payable, initiate collection activity, continue to charge you Interest 
Charges and Fees as long as your balance remain outstanding, and exer-
cise  all  other  rights  or  remedies  permitted  by  law,  all  without  prior  notice 
or  demand  except  as  required  by  law.  You  promise  to  pay  any  collection 
costs and attorneys’ fees that we incur as a result of your default. Our failure 
to declare your Account in default does not excuse you from performing all 
of  your  obligations  under  this Agreement,  nor  shall  such  failure  consti tute 
a waiver of our rights to declare the Account in default and ter minate your 
ability to use the Account and the Card at a later time or upon the occurrence 

of the same or a different event of default.  A negative credit report reflecting 
on  your  credit  record  may  be  submitted  to  one  or  more  credit-reporting 
agencies if you fail to fulfill the terms of your credit obligations.  

Suspending or Closing Your Account.  

We May Suspend or Close Your Account: We may close or suspend your 
Card or Account and require the return of your Card for any reason, including 
default, without notice to you except as may be required by applicable law. 
Sometimes we close accounts based not on your actions or inactions, but on 
our business needs. If we close your Account, we will not be liable to you for 
any consequences resulting from closing your Account or suspending your 
credit privileges.  

You May Close Your Account: You may cancel your Account at any time by 
notifying us by telephone or in writing. 

If your Account is closed, you are still responsible for any amounts due on 
the Account  pursuant  to  the  terms  of  this Agreement  and  the Account  will 
continue to accrue applicable Interest Charges and other Fees and charges 
until the Account is paid in full.

Refund  Disclosure.  We  will  refund  your  Processing  Fee  and  initial  Fees 
(those Fees that are billed at the time of Account opening) if (1) you have not 
used your Card for a Purchase or Cash Advance; and (2) you have not made 
a payment on your Account after receiving a monthly billing statement. We 
will refund any partial payment of the Processing Fee if you do not open your 
Account within eighty-five (85) days of approval.  If you later elect to close 
your Account and notify us of your election in writing within thirty (30) days 
or one billing cycle (whichever is less) after  an Annual Fee appears on your 
monthly billing statement, the Annual Fee will be credited to your Account.  
Except as described in this paragraph, Fees are generally non-refundable.

Severability.    If  any  provision  of  this Agreement,  including  any  portion  of 
the  arbitration  agreement  set  forth  below,  is  deter mined  to  be  invalid  or 
unenforceable under any rule, law, or regula tion, the validity or enforceability 
of any other provision of this Agreement shall not be affected, and in lieu of 
such invalid or unen forceable 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  Section 
entitled “Arbitration” below, be heard by a judge, sitting without a jury, under 
applicable court rules and procedures.

Attorneys Fees and Costs.  Except as may be provided otherwise in this 
Agreement,  you  agree  to  pay  all  costs  incurred  by  us,  our  successors  or 
assigns,  in  collecting  unpaid  indebtedness  or  in  enforcing  this Agreement, 
including  attorneys  fees  and  costs,  as  well  as  those  costs,  expenses 
and  attorneys  fees  incurred  in  appellate,  bankruptcy  and  post-judgment 
proceedings, except to the extent such costs, fees or expenses are prohibited 
by law.

No  Waiver  by  Us.    Subject  to  applicable  law,  we  reserve  the  right  not  to 
impose  part  or  all  of  any  Fee  or  other  amount  imposed  pursuant  to  this 
Agreement  or  not  to  exercise  any  of  our  rights  under  this Agreement,  and 
should we do so, we will not waive our right to impose such Fee or amount or 
exercise such right in the future.

Assignment.    We  may  sell,  assign  or  transfer  all  or  any  por tion  of  your 
Account or any balances due under your Account with out prior notice to or 
consent  from  you.   You  may  not  sell,  assign  or  transfer  your  Card  or  your 
Account or any of your obligations under this Agreement.  This Agreement 
will be binding on, and benefit, any of your and our successors and assigns.

Entire  Agreement.    This  Agreement,  together  with  your  application, 
constitutes  the  final  expression  of  the  credit  agreement  between  you  and 
us relating to your Account and supersedes and may not be contradicted by 
evidence  of  any  prior  or  contemporane ous  oral  credit  agreement  between 

you and us relating to your Account.

No Warranties.  Except as otherwise provided in the Section below entitled 
“Your  Billing  Rights”,  we  are  not  responsible  for  any  claim  you  might  have 
regarding the purchases of goods or services made with your Card. 

Merchant  Refunds.    If  you  are  entitled  to  a  refund  for  goods  or  services 
purchased with your Card, you will accept these refunds as credits to your 
Account.  We  do  not  control  when  a  merchant  sends  us  your  refund.  We 
will also have a reasonable amount of time after we receive your refund to 
process it.

Arbitration

READ THIS ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY 
TO  REJECT  THE  ARBITRATION  PROVISION  BY  OPTING  OUT  IN 
ACCORDANCE  WITH  PARAGRAPH  b,  CAPTIONED  “OPT-OUT 
PROCESS,”  THE  ARBITRATION  PROVISION  WILL  BE  PART  OF  THIS 
AGREEMENT  AND  WILL  HAVE  A  SUBSTANTIAL  EFFECT  ON  YOUR 
RIGHTS,  INCLUDING  YOUR  RIGHT  TO  BRING  OR  PARTICIPATE  IN  A 
CLASS ACTION, IN THE EVENT OF A DISPUTE. 

a.  General: This Arbitration Provision describes when and how a Claim (as 
defined  below)  may  be  arbitrated.  Arbitration  is  a  method  of  resolving 
disputes in front of one or more neutral persons, instead of having a trial 
in  court  in  front  of  a  judge  and/or  jury.  It  can  be  a  quicker  and  simpler 
way  to  resolve  disputes.  Arbitration  proceedings  are  private  and  less 
formal than court trials. Each party to the dispute has an opportunity to 
present  some  evidence  to  the  arbitrator. The  arbitrator  will  issue  a  final 
and binding decision resolving the dispute(s), which may be enforced as a 
court judgment. A court rarely overturns an arbitrator’s decision. As solely 
used in this Arbitration Provision, the terms “we,” “us” and “our” mean not 
just Mid America Bank & Trust Company but also our parent companies, 
wholly  or  majority-owned  subsidiaries,  affiliates,  commonly-owned 
companies,  successors,  assigns  and  any  of  these  entities’  employees, 
officers, directors and agents. For purposes of this Arbitration Provision, 
these  terms  also  mean  any  other  third  party  providing  any  goods  and 
services  in  connection  with  your  Account,  servicing  and  collection  of 
amounts  due  on  your  Account,  if  you  name  that  third  party  and  us  as 
defendants in a single proceeding. 

b.  Opt-Out  Process.  If  you  do  not  want  this  Arbitration  Provision 
to  apply,  you  may  reject  it  by  mailing  us  a  written  opt  out  notice 
which contains your Account number, your name and address and 
a signed statement that you opt out of the Arbitration Provision of 
this  Agreement.  The  opt  out  notice  must  be  sent  to  us  by  mail  at 
Mid America Bank & Trust Company, PO Box 91510, Sioux Falls, SD 
57109. (You should retain a copy of your opt-out notice and evidence 
of  mailing  or  delivery.)    An  opt  out  notice  is  only  effective  if  it  is 
signed  by  you  and  if  we  receive  it  within  thirty  (30)  days  after  the 
date we delivered this Agreement to you. Indicating your desire to 
opt-out  of  this  Arbitration  Provision  in  any  manner  other  than  as 
provided above is insufficient notice. However, your decision to opt 
out  of  this  Arbitration  Provision  will  not  have  any  other  effect  on 
this Agreement  and  will  not  affect  any  other  arbitration  agreement 
between you and us, which will remain in full force and effect. If you 
don’t  reject  this Arbitration  Provision,  it  will  be  effective  as  of  the 
date you were approved for an Account. 

c.  What  Claims  Are  Covered:  “Claim”  means  any  claim,  dispute  or 
controversy between you and us that in any way arises from or relates to 
your Account, including disputes arising from actions or omissions on or 
prior to the date of this Agreement. “Claim” has the broadest reasonable 
meaning,  and  includes  initial  claims,  counterclaims,  cross-claims  and 
third-party claims. It includes disputes based upon contract, negligence, 
fraud  and  other 
torts,  constitution,  statute,  regulation, 
ordinance, common law and equity (including any claim for injunctive or 
declaratory  relief).  Despite  the  foregoing,  “Claim”  does  not  include  any 
individual  action  brought  by  you  in  small  claims  court  or  your  state’s 
equivalent court, unless such action is transferred, removed, or appealed 
to  a  different  court.  In  addition,  except  as  set  forth  in  the  immediately 

intentional 

following  sentence,  “Claim  does  not  include  disputes  about  the  validity, 
enforceability,  coverage  or  scope  of  this  Arbitration  Provision  or  any 
part  thereof  (including,  without  limitation,  this  sentence,  the  prohibitions 
against  class  proceedings,  private  attorney  general  proceedings  and/
or  multiple-party  proceedings  described  in  paragraph  g,  captioned 
“Prohibition  Against  Certain  Proceedings”  (the  “Class  Action  Waiver”), 
or  the  last  sentence  of  paragraph  m,  captioned  “Severability,”);  all  such 
disputes  are  for  a  court  and  not  an  arbitrator  to  decide.  However,  any 
dispute  or  argument  that  concerns  the  validity  or  enforceability  of  this 
Agreement as a whole is for the arbitrator, not a court, to decide.

d.  Starting  or  Electing  to  Require  Arbitration:  Either  you  or  we  may 
start  an  arbitration  of  any  Claim  or  require  any  Claim  to  be  arbitrated. 
Arbitration is started by initiating an arbitration or required by giving written 
notice  to  the  other  party  requiring  arbitration.  This  notice  may  be  given 
before or after a lawsuit has been started over the Claim and may address 
any Claims brought in the lawsuit, provided that a party may not pursue a 
Claim in a lawsuit and then seek to arbitrate that same Claim unless the 
other  party  has  asserted  another  Claim  in  the  lawsuit  or  an  arbitration. 
The notice may be in the form of a motion or petition to compel arbitration. 
Arbitration of a Claim must comply with this Arbitration Provision and, to 
the extent not inconsistent or in conflict with this Arbitration Provision, the 
applicable rules of the arbitration Administrator. 

e.  Choosing  the  Administrator:  “Administrator”  means  the  American 
Arbitration  Association  (“AAA”),  1633  Broadway,  10th  Floor,  New  York, 
NY 10019, www.adr.org; JAMS, 1920 Main St. at Gillette Ave., Suite 300, 
Irvine, CA 92614, www.jamsadr.com, or any other company selected by 
mutual agreement of the parties. If AAA and JAMS cannot or will not serve 
and the parties are unable to select an Administrator by mutual consent, 
the  Administrator  will  be  selected  by  a  court.  The  party  asserting  the 
Claim (the “Claimant”) may select the Administrator. Notwithstanding any 
language in this Arbitration Provision to the contrary, no arbitration may be 
administered, without the consent of all parties to the arbitration, by any 
Administrator that has in place a formal or informal policy that purports to 
override the Class Action Waiver.

f.  Court and Jury Trials Prohibited; Other Limitations on Legal Rights: 
IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE WILL 
NOT  HAVE  THE  RIGHT  TO  PURSUE  THAT  CLAIM  IN  COURT  OR 
HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR AND OUR ABILITY 
TO  OBTAIN  INFORMATION  FROM  THE  OTHER  PARTY  IS  MORE 
LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS 
THAT  YOU  OR  WE  WOULD  HAVE  IN  COURT  MAY  ALSO  NOT  BE 
AVAILABLE IN ARBITRATION. 

g.  Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO 
ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE 
IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, 
EITHER  AS  A  PLAINTIFF,  DEFENDANT  OR  CLASS  MEMBER; 
(2)  NEITHER  YOU  NOR  WE  MAY  ACT  AS  A  PRIVATE  ATTORNEY 
GENERAL IN COURT OR IN AN ARBITRATION; (3) CLAIMS BROUGHT 
BY  OR  AGAINST  YOU  MAY  NOT  BE  JOINED  OR  CONSOLIDATED 
WITH  CLAIMS  BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON; 
AND  (4)  THE  ARBITRATOR  SHALL  HAVE  NO  AUTHORITY  TO 
CONDUCT  A  CLASS-WIDE  ARBITRATION,  PRIVATE  ATTORNEY 
GENERAL ARBITRATION, OR MULTIPLE-PARTY ARBITRATION.

h.  Location  and  Costs  of  Arbitration:  Any  arbitration  hearing  that  you 
attend in person must take place at a location reasonably convenient to 
you, as determined by the arbitrator. Each Administrator charges fees to 
administer an arbitration proceeding and the arbitrator also charges fees. 
This includes fees not charged by a court. If either you or we require a 
Claim  to  be  arbitrated,  you  may  tell  us  in  writing  that  you  cannot  afford 
to  pay  the  fees  charged  by  the  Administrator  and/or  the  arbitrator  or 
that  you  believe  those  fees  are  too  high.  If  your  request  is  reasonable 
and in good faith, we will pay or reimburse you for all or part of the fees 
charged  to  you  by  the Administrator  and/or  arbitrator. Also,  we  will  pay 
these fees if applicable law requires us to, if you prevail in the arbitration 
or if we must bear such fees in order for this Arbitration Provision to be 
enforced. We will not ask you to pay or reimburse us for any fees we pay 
the Administrator or arbitrator. We will bear the expense of our attorneys, 
experts  and  witnesses.  You  will  bear  the  expense  of  your  attorneys, 
experts and witnesses if we prevail in an arbitration. However, if you are 

i. 

j. 

the  Claimant,  we  will  pay  your  reasonable  attorney,  expert  and  witness 
fees  and  costs  if  you  prevail  or  if  we  must  bear  such  fees  and  costs  in 
order for this Arbitration Provision to be enforced. Also, we will bear any 
fees and costs if applicable law requires us to do so.

Governing Law: This Arbitration Provision is governed by the Federal 
Arbitration  Act,  9  U.S.C.  §§  1-16  (the  “FAA”),  and  not  by  any  state 
arbitration  law.  The  arbitrator  must  apply  applicable  substantive  law 
consistent with the FAA and applicable statutes of limitations and claims 
of privilege recognized at law. The arbitrator is authorized to award all 
remedies permitted by the substantive law that would apply if the action 
were pending in court (including, without limitation, punitive damages, 
which shall be governed by the Constitutional standards employed by 
the  courts). At  the  timely  request  of  either  party,  the  arbitrator  must 
provide a brief written explanation of the basis for the award.
Right  to  Discovery:  In  addition  to  the  parties’  rights  to  obtain 
discovery pursuant to the arbitration rules of the Administrator, either 
party  may  submit  a  written  request  to  the  arbitrator  to  expand  the 
scope  of  discovery  normally  allowable  under  the  arbitration  rules  of 
the Administrator. The arbitrator shall have discretion to grant or deny 
that request.

k.  Arbitration Result and Right of Appeal: At the timely request of either 
party,  the  arbitrator  shall  provide  a  written  explanation  for  the  award. 
Either party may appeal the arbitrator’s decision within 30 days to a single 
arbitrator  or  a  three-arbitrator  panel  selected  in  accordance  with  the 
Administrator’s rules, which shall resolve the Claim without regard to the 
original decision. We will pay the entire cost of an appeal unless we are 
willing to have the appeal decided by a single arbitrator and you insist upon 
a three-arbitrator panel. In such event, you will be responsible for paying 
your portion of the difference in arbitration fees between a single arbitrator 
and  a  three-arbitrator  panel,  as  determined  by  the  panel.  However,  we 
will pay all costs to the extent required by law and/or required to enforce 
this Arbitration  Provision.  The  original  award  or  any  subsequent  award 
on the appeal described above shall be final and binding, subject to any 
further right to appeal provided by the FAA. The arbitrator’s award may be 
entered by any court having jurisdiction.

l.  Rules  of  Interpretation:  This  Arbitration  Provision  is  binding  upon 
and  benefits  you,  your  respective  heirs,  successors  and  assigns.  This 
Arbitration Provision also is binding upon and benefits us. This Arbitration 
Provision  shall  survive  the  repayment  of  all  amounts  owed  under  this 
Agreement,  any  legal  proceeding  and  any  bankruptcy,  to  the  extent 
consistent  with  applicable  bankruptcy  law.  This  Arbitration  Provision 
survives any termination, amendment, expiration or performance of any 
transaction  between  you  and  us  and  continues  in  full  force  and  effect 
unless you and we otherwise agree in writing. In the event of a conflict 
or inconsistency between this Arbitration Provision, on the one hand, and 
the applicable arbitration rules or the other terms of this Agreement, on the 
other hand, this Arbitration Provision shall govern.

m. Severability: If any portion of this Arbitration Provision is deemed invalid 
or unenforceable, such a finding shall not invalidate any remaining portion 
of  this  Arbitration  Provision,  this  Agreement,  or  any  other  agreement 
entered  into  by  you  with  us.  However,  notwithstanding  any  language 
in this Arbitration Provision or this Agreement to the contrary, the Class 
Action  Waiver  is  not  severable  from  the  remainder  of  this  Arbitration 
Provision  and,  in  the  event  that  the  Class  Action  Waiver  is  held  to  be 
invalid  and  unenforceable,  and  subject  to  any  right  of  appeal  that  may 
exist with respect to such determination, any class action or representative 
proceeding shall be determined in a court of law and will not be subject to 
this Arbitration Provision.

n.  Notice  and  Cure;  Special  Payment:  Prior  to  initiating  a  lawsuit  or  an 
arbitration  proceeding  under  this  Arbitration  Provision,  the  Claimant 
shall give the other party or parties written notice of the Claim (a “Claim 
Notice”) and a reasonable opportunity, not less than 30 days, to resolve 
the  Claim.  Any  Claim  Notice  to  you  shall  be  sent  in  writing  by  mail  to 
the address you have provided in your Card application (or any updated 
address you subsequently provide). Any Claim Notice to us shall be sent 
by mail to PO Box 91510, Sioux Falls, SD 57109 (or any updated address 
we  subsequently  provide),  attn: ARBITRATION.   Any  Claim  Notice  you 
send must identify yourself by including your name, address and Account 
number. Any Claim Notice must explain the nature of the Claim and the 

relief demanded. You may only submit a Claim Notice on your own behalf 
and  not  on  behalf  of  any  other  party.  The  Claimant  must  reasonably 
cooperate  in  providing  any  information  about  the  Claim  that  the  other 
party  reasonably  requests  and  must  give  the  other  party  a  reasonable 
opportunity to respond to the demand for relief. If: (i) you submit a Claim 
Notice  in  accordance  with  this  paragraph  on  your  own  behalf  (and  not 
on behalf of any other party); (ii) we refuse to provide you with the relief 
you request; and (iii) an arbitrator subsequently determines that you were 
entitled to such relief (or greater relief), the arbitrator shall award you at 
least  $7,500  (not  including  any  arbitration  fees  and  attorneys’  fees  and 
costs to which you may be entitled).

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 
the address listed on your monthly billing statement.  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  first  appeared  on  your  monthly  billing 

statement.

reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us.  If we do not follow all of the rules 
above, you do not have to pay the first $50.00 of the amount you question 
even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased 
with your credit card, and you have tried in good faith to correct the problem 
with the merchant, you may have the right not to pay the remaining amount 
due on the purchase.  To use this right, all of the following must be true:

1.  The  purchase  must  have  been  made  in  your  home  state  or  within  100 
miles of your current mailing address, and the purchase price must have 
been  more  than  $50.00.  (  Note:  Neither  of  these  are  necessary  if  your 
purchase was based on an advertisement we mailed to you, or if we own 
the company that sold you the goods or services.)

2. You must have used your 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:
Mid America Bank and Trust
PO Box 91510
Sioux Falls, SD 57109

While  we  investigate,  the  same  rules  apply  to  the  disputed  amount  as 
discussed  above.  After  we  finish  our  investigation,  we  will  tell  you  our 
decision. At that point, if we think you owe an amount and you do not pay, we 
may report you as delinquent.

•  At least 3 business days before an automated payment is scheduled, if you 

want to stop payment on the amount you think is wrong.

State Disclosures

You must notify us of any potential errors in writing. You may call us, but if you 
do we are not required to investigate any potential errors and you may have 
to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received 
your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:
•  We cannot try to collect the amount in question, or report you as delinquent 

on that amount.

•  The charge in question may remain on your billing statement, and we may 

continue to charge you interest on that amount.

•  While you do not have to pay the amount in question, you are responsible 

for the remainder of your balance.

•  We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:
•   If we made a mistake: You will not have to pay the amount in question or 

any interest or other fees related to that amount.

•   If we do not believe there was a mistake: You will have to pay the amount 
in  question,  along  with  applicable  Interest  Charges  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 

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. 
Delaware Residents: Service charges not in excess of those permitted by 
law will be charged on the outstanding balances from month to month.
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  (1-877-226-5697)  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.

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