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This cardholder agreement (� Agreement �) is for your A ccount with 
Commerce Bank, and the Card(s) which has/have been given to you in 
connection with your Account.  Such Account and Card(s) provide you 
with credit card services and ATM Services.  �You� and �your�  mean any 
applicant for the Account and any person using the Account and/or 
related Card(s) with the expressed or implied permission of any of the 
applicants.  Any person whose name appears on the Accou nt for the 
Card(s) accompanying this Agreement consents, either by using or 
permitting another to use the Card(s), to all provisions of this Agreement.  
�We�, �us� and �our�  means Commerce Bank, our successors and 
assigns.   
 
This Agreement contains an arbit ration provision, a class action 
waiver, and a jury trial waiver. Please read the entire section titled 
�DISPUTE RESOLUTION - ARBITRATION� and the section titled 
�DISPUTE RESOLUTION � JURY TRIAL WAIVER.�  
 
In this Agreement:  
Account is your credit card acco unt. 
Annual Fee is a fee charged on a yearly basis for your continued use of 
the Account.  
APR is Annual Percentage Rate.  
ATM is Automated Teller Machine.  
Balance Transfer is an  advance made when transferring a balance from 
another creditor to your Account.  
Business Days are Monday through Friday.  Federal holidays are not 
included.  
Card is the credit card(s) given to you in connection with your Account.  
Cash Advance includes:  
� Non -Overdraft Cash Advance is an  advance made by means of 
an electronic device or machine, or a financial institution teller, or for 
the purchase of wire transfers, non -U.S. currency, travelers� checks, 
money orders, lottery tickets and casino gaming chips.  
� Overdraft Cash Advance  is an  advance made by means of 
overdraft protection.  
Cash Limit is the maximum dollar amount of your Credit Line , as defined 
herein,  available for Cash Advances.  
Charges are costs imposed as part of this Agreement and include both 
interest and fees.   
Convenience Check is a check provided to you to access credit from 
your Account.  
Daily Balance is determined, for each day in the billing cycle, by taking 
the beginning balance, adding any new transactions or other debits  
(excluding  any active  Installment Plans) , and subtracting any payments 
or other credits.  
Daily Periodic Rate is the APR divided by 365.  
Fees  are non -Interest Charges, including transaction fees.  
Grace Period means the period of time during the billing cycle when you 
will not accrue Interest Charges o n certain transactions or balances.  
Installment Plan  is a feature that can be used to make  fixed monthly 
payments over a  pre-selected number of billings cycles for qualifying  
transaction (s). 
Installment Plan Fee  is a fee charged on a monthly basis on all active 
Installment Plans . 
Interest Charges  are the portion of Charges attributed to periodic 
interest rates.  
PIN is Personal Identification Number.  
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal 
in its column called �Money Rates� on the last Business Day of each 
month.  
Promotional Balance is the balance subject to the Promotional Rate.  
Balances subject to Introductory Rates are included.  
Promotional Rate is a rate other than the standard rate, tied to a special 
offering.  A Promotional Rate offered when you open your Account may 
be called an Introductory Rate.  
Purchase means purchase of merchandise or services on the Account 
plus related Charges and does not include any Balance Transfer, 
Convenience Check, Cash Advance, Instal lment Plan and related Fees 
or Interest Charges.  
Statement  is your billing statement.  
 
CREDIT CARD SERVICES  
The following provisions relate only to credit card services except as 
otherwise applicable.  
 
ACCOUNT DESCRIPTION  
We will grant you a line of credit with a maximum dollar limit (�Credit 
Limit�) and may designate a Cash Limit as determined by us.  These 
limits will be indicated on your Statement .  
 
Subject to the terms of this Agreement, you may use your Account to 
make Purchases and  obtain Balance Transfers,  Convenience Checks , 
Installment Plans and Cash Advances  that do not exceed your Credit 
Limit and/or Cash Limit at any time. Should your Purchases, Balance 
Transfers, Convenience Checks,  Installment Plans  and/or Cash 
Advances ever exceed your Credit Limit and/or Cash Limit , we reserve 
the right to terminate this Agreement and demand the return of your 
Card(s).  We can increase or decrease your C redit Limit  and/or Cash 
Limit at any time without prior notice or liabi lity. A change to your Credit 
Limit and/or Cash Limit will not affect your obligation to pay us.  
 
We may decline, at any time in our sole discretion, an authorization 
request for any transaction for any reason, included but not limited to:   
�  operational considerations,  
� your Account is in default,  
�  we suspect fraudulent or unlawful activity  
We are not responsible for any losses or damages, including 
consequential damages, if a transaction on your Account is declined, 
either by us or a third party, even  if you have sufficient credit available.  
  
 
 
 
INSTALLMENT PLAN  
Installment Plans may be  available for eligible Accounts  to initiate  and 
can be used  for qualifying transaction (s) only; and not for  a Cash 
Advance , Balance Transfer , or any Fee owed to us . When selecting a n  
Installment Plan, the qualifying  transaction (s) will be moved to an  
Installment Plan balance and may be subject to a n Installment Plan  Fee 
instead of the periodic interest rate. If you do not pay your entire 
Installment Plan balance in t he pre -selected amount of billing cycles , any 
remaining balance will be transferred to your  applicable  Purchase  or 
Convenience Check  balance and your respective periodic interest rate 
applied.  
 
We may limit the number of active Installment Plans you can have at one 
time and reserve the right to change this number at any time . Installment 
Plans cannot be cancelled after they have been set up, but you can 
choose to pay the Installment  Plan early by paying the new balance , 
shown on your most recent Statement, in full. If you pay an Installment 
Plan off early, you will not incur any future Installment Plan Fees for that 
Installment Plan . 
 
In the event you return items from an Installment Plan, we will choose 
how to apply the credit to your existing Account balances, including 
whether to apply a credit to an Installment Plan balance or a different 
balance.  
 
PROMISE TO PAY  
You promise to pay  for all Purchases , Balance Transfers , Convenience 
Checks,  Installment Plans  and Cash Advances  made by you through the 
use of the Account.  In addition, you promise to pay all other amounts 
owed due to use of the Account by anyone else you authorize to use the 
Account until such person�s authority is ended.  You may only end such 
person�s authority by notifying us in writing and returning to us any Card 
such person may have.  All of you are responsible, both together and 
individually, for the entire Account ba lance even though only one of you 
uses the Account.  
 
BILLING STATEMENTS  
You will receive a Statement periodically (normally monthly).  Your 
payment is due within 25 days from the date of the Statement (payment 
due date).  
 
PAYMENT OPTIONS  
You may pay the new balance shown on your Statement each month or  
you may pay in monthly installments.  If you decide to pay in monthly 
installments, you must pay at least the minimum payment on your 
Statement.  The minimum payment will  include the sum of a ll active 
Installment Plan payment s due, plus the greater of:  
� $30.00 or the full amount of your total balance  (excluding any active 
Installment Plan balances)  if it is less than $30.00; or  
1.00% of your new balance  (excluding any  active  Installment Plan 
balances)  plus any amounts that are past due, plus Fees (excluding 
Balance Transfer and/or Convenience Check Fees) and Interest 
Charges accumulated during the billing period.  
   
When a payment is posted to your Account, we reserve the right  to 
restrict or delay all or part of the available credit created by the payment.  
The restriction or delay of the available credit is for risk management or 
other related purposes, including but not limited to protection again st 
actual or potential fraudul ent activities or unauthorized transactions.   
 
OVERDRAFT PROTECTION  
If you select overdraft protection, a Cash Advance will be made to cover 
an overdraft in your designated Commerce Bank deposit account.  Such 
Overdraft Cash Advances will be in the amount o f $50.00 or multiples of 
$50.00.  If the designated deposit account is a joint account, you will be 
liable for all overdrafts on the account regardless of which joint account 
owner caused, or benefited from the overdraft.  Each Overdraft Cash 
Advance is at our discretion.  We may permit or refuse to permit any 
Overdraft Cash Advance that would cause you to exceed the Cash Limit 
on your Account.  We are not liable or responsible for any check drawn 
that may for any reason be returned or otherwise dishonored.  We may 
cancel this overdraft feature at any time without notice.  
 
BALANCE ON WHICH INTEREST CHARGE S ARE CALCULATED  
If you accrue any Interest Charge s on your Account at a variable rate, 
that rate will be calculated by adding a margin to the Prime Rate.  Pleas e 
see the ACCOUNT OPENING DISCLOSURE, which is part of this 
Agreement, for specific information regarding the APRs used to 
compute your Interest Charges.  
 
We calculate your Daily Balance for each day in the billing cycle by 
taking your beginning balance, adding any new transactions (excluding 
any active Installment Plans) or other debits, and subtracting any 
payments  (excluding payments toward any active Ins tallment Plan)  or 
other credits.  We multiply the Daily Balance by the Daily Periodic Rate to 
get your Interest Charges for that day.  We add these Interest Charges to 
your Daily Balance to get the beginning balance for the next day.  We do 
this for all days on which you have a balance owing on the Account, 
disregarding any credit balance, for the billing cycle.  
 
We add all the daily Interest Charges and round the sum to the next 
highest cent to get your total Interest Charges for that billing cycle.  We 
do this calculation separately for each type of balance.  
 
The Prime Rate used to determine the APR on your Account is the U.S. 
Prime Rate published in The Wall Street Journal  in its column called 
�Money Rates� on the last Business Day of each month.  Althoug h each 
Daily Periodic Rate is determined by an index published prior to the first 
day of each calendar month, the respective Daily Periodic Rate will only 
become effective and charged as of the first day of the monthly billing 
CARDHOLDER AGREEMENT      
 
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 period following the respecti ve calendar month in which the index is so 
published.  No representation is made that the U.S. Prime Rate is the 
lowest, the best or the favored rate of interest.  If for any reason  The Wall 
Street Journal  no longer publishes the �Money Rates � column, then w e 
will choose a new index based on comparable information.  An increase 
in the Prime Rate will cause your interest rate to increase and may cause 
your minimum monthly payment to increase.  
 
INTEREST CHARGE COMPUTATION  
� ON PURCHASES:  Interest Charges begin to accrue on the 
transaction date, provided such date will never be later than the 
date the Purchase is posted to the Account or earlier than the first 
day of the billing cycle for the Statement on which such transaction 
is shown.  Purchases  are subject to a Grace Period.  If the previous 
balance is zero or was paid in full by the payment due date shown 
on your Statement, no Interest Charge will be assessed on current 
Purchases.  
� ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:  
Except for Convenience Checks associate d with Installment Plans,  
Interest Charges begin to accrue on the date of the Balance 
Transfer or Convenience Check, provided such date will never be 
later than the date the Balance Transfer or Convenience Check is 
posted to the Account or earlier than the  first day of the billing cycle 
for the Statement on which such transfer or check  is shown.  
� ON CASH ADVANCES:  Interest Charges begin to accrue on the 
date of the Cash Advance, provided such date will never be later 
than the date the Cash Advance is posted  to the Account or earlier 
than the first day of the billing cycle for the Statement on which such 
advance is shown.  
� ON INSTALLMENT PLANS:  No Interest Charges  are applied to 
active Installment Plans .  
 
TOTAL INTEREST CHARGE COMPUTATION  
We add Interest Charges for each type of balance  (excluding active 
Installment Plans)  to obtain your total Interest Charge for each billing 
cycle.   
 
PENALTY RATE AND WHEN IT APPLIES  
If at any time we have not received the required minimum monthly 
payment within 6 0 days of the respective payment due date, we may 
increase the applicable APR to a penalty APR (�Penalty Rate�) . Please 
see the ACCOUNT OPENING DISCLOSURE for information 
regarding the Penalty Rate for your Account.  The Account may be 
eligible for your standard Daily Periodic Rates and corresponding APR 
for each type of balance after you have met the terms of this Agreement 
for six consecutive billing cycles after the monthly Statement on which 
the Penalty APR first appears.  Otherwise, the Penalty Rate m ay apply 
indefinitely.  
  
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES  
If, during an Introductory or Promotional Rate period, we have not 
received the required minimum monthly payment within 60 days of the 
respective payment due date, we will increase t he applicable APR to the 
Penalty APR.  Introductory and/or Promotional Rates will not be 
reinstated.  
 
TERMINATION OF INSTALLMENT PLAN  
If, during a period when an active Installment Plan is associated with  the 
Account, we have not received the required minimum monthly payment 
within 60 days of the respective payment due date, we will cancel the 
Installment Plan and  will apply the Penalty APR . The Installment Plan 
cannot be reinstated or recreated.  
 
FEES  
 
Transaction, Annual and Penalty Fees:   
Please see the  ACCOUNT OPENING DISCLOSURE for information 
regarding the specific Fees that may be charged to your Account.  Your 
Installment Plan Fee will be displayed at the point of purchase  as part of 
your purchase confirmation  or Convenience Check offer . 
 
Minimum Interest Charge  
A minimum Interest Charge will be imposed in any billing cycle for which 
an Interest Charge is payable and will appear on your Statement as a 
Fee. 
 
Balance Transfer Or  Convenience Check Transaction Fee  
You will be charged a transaction Fee, with a minimum and no 
maximum, for each Balance Transfer and/or Convenience Check posted 
to your Account.  
 
Non Overdraft Cash Advance Transaction Fee  
You will be charged a transactio n Fee, with a minimum and no 
maximum, for each Cash Advance posted to your Account.  
 
Overdraft Cash Advance Transaction Fee  
You will be charged a transaction Fee for each Cash Advance resulting 
from the overdraft protection.  
 
Installment Plan Fee 
You may be charged an Installment Plan Fee  for each Installment Plan. 
Each Installment Plan Fee will be disclosed prior to establishing the 
Installment Plan  and charged monthly throughout the Installment P lan 
duration. The Installment Plan Fee will appear on your Statement.   
 
Annual Fee  
Your Account may have a n Annual  Fee that will be added annually to 
your Account.  Please see the ACCOUNT OPENING DISCLOSURE for 
information regarding the specific fee, if any, for your Account.  
 
The imposition or payment of an Annual Fee does not affect or limit our 
right to terminate this Agreement, cancel your Account, and demand 
payment, in a manner permitted by law, of any amounts owed on your 
Account.  Foreign Transactions  
Please see the ACCOUNT OPENING DISCLOS URE for information 
regarding the specific Fees that may be charged to your Account related 
to foreign transaction.  
 
Visa and Mastercard  Purchases, cash withdrawals and Cash Advances 
made in currencies other than U.S. Dollars will be converted to U.S. 
Dollars under regulations established by VISA� International and 
Mastercard� International.  Visa conversion will be at a rate selected by 
Visa from the range of rates available in wholesale currency markets for 
the applicable central processing date, which may  vary from the rate 
Visa itself receives or the government -mandated rate in effect for the 
applicable central processing date.  Mastercard  conversion will be at a 
rate selected by Mastercard , typically either a government -mandated 
rate or a wholesale rate p rovided to Mastercard . Conversion to U.S. 
dollars may occur on a date other than the date of the transaction.  
Therefore, the conversion rate may be different from the rate in effect at 
the time of the transaction.  You agree to pay the converted amount plus  
the applicable foreign transaction Fee. For Purchases, cash withdrawals, 
and Cash Advances made in U.S. dollars outside of the United States 
and its territories, you agree to pay the transaction amount, plus the 
applicable foreign transaction Fee. 
 
Late Payment Fee  
For each payment not received by the payment due date, we may 
charge a  fee (�Late Payment Fee �). The first time you are late making the 
required minimum monthly payment (� Late Payment First Occurrence�), 
a $29 Late Payment Fee may be impos ed. After the Late Payment First 
Occurrence, if you make a late payment at anytime during the next six 
billing cycles (� Late Payment Second Occurrence�), a $40 Late Payment 
Fee may be imposed.  After the Late Payment Second Occurrence, any 
subsequent late payment during the next six billing cycles will also incur 
a $40 Late Payment Fee.  At no time will the Late Payment Fee exceed 
the amount of the required minimum monthly payment.  
 
Overlimit Fee  
In the event your balan ce exceeds your credit limit, no Fee will be 
charged.  
 
Other Fees  
 
Returned Payment Fee  
No Fee will be charged for any check or other form of payment sent to us 
which is returned unpaid.  
 
Returned Item Fee  
If we decline to honor a Convenience Check or whe n payment of a 
Convenience Check is stopped at your request, we may charge a  fee 
(�Returned Item Fee �). The first time we decline to honor a Convenience 
Check or when payment of a Convenience Check is stopped at your 
request (� Returned Item First Occurrenc e�), a $29 Returned Item Fee 
may be imposed.  After the Returned Item First Occurrence, if we decline 
a Convenience Check or you request stop payment of a Convenience 
Check at anytime during the next six billing cycles (� Returned Item 
Second Occurrence�), a $40 Returned Item Fee may be imposed.  After 
the Returned Item Second  Occurrence, any subsequent declined 
Convenience Check or stop payment of a Convenience Check during the 
next six billing cycles will also incur a $40 Returned Item Fee.  At no time 
will the Returned Item Fee exceed the amount of the Convenience 
Check.  
 
Convenience Checks and Document Copy Charges  
Charges for Convenience Checks and requests for copies of sales 
drafts, Statements or other documents related to your Account may be 
billed on your Account as Purchases in accordance with the fee schedule 
established by us from time to time.  No charge will be made for copy 
requests related to billing error resolution within 60 days of the disputed 
transaction.  
 
TOTAL FEE COMPUTATION  
We add all Fees assessed to obtain your total Fees for each billing cycle  
(excluding  transaction Fees for  Balance Transfer s and/or  Convenience 
Check s and Installment Plan Fees ). We will assess Fees for Balance 
Transfer s and/or  Convenience Check s to your Account in the same 
balance category to which the transaction is posted.  Installment Plan 
Fees will be charged monthly throughout the Installment Plan duration.  
 
CANCELLATION  
To the extent permitted by law, Commerce Bank may cancel your 
Account, refuse to allow further transactions against your Account or 
revoke your Card(s) at an y time (whether or not you are in default of any 
part of this Agreement) including, without limitation, when any affiliation 
you may have with a sponsoring organization ceases or when any 
agreement we may have with the sponsoring organization is terminated . 
Cancellation of your Account will not affect your liability to us for credit 
we have extended to you, including amounts not yet billed to your 
Account.  We may cancel your Account without prior notice or liability.  
You must surrender the Card(s), either u pon a direct request by us, or 
any other bank or merchant who is acting upon our instructions.  
 
CONDITIONS OF DEFAULT  
We may consider you to be in default if we do not receive a required 
payment when due, including the minimum payment by the date shown 
on your Statement; you fail to comply with the terms of this Agreement; 
you make any false or misleading statements or om issions on your 
application; you file a bankruptcy petition or have one filed against you; 
we obtain information that causes us to believe that you may be unwilling 
or unable to pay your debts to us or to others on time including, but not 
limited to, your failure to make any payment to us on any other 
indebtedness or loan; you are declared incompetent by a court or a court 
appoints a guardian/conservator for you or your assets; or you die.  
 
If we consider your Account to be in default, we may close your acc ount 
without notice and require you to pay the balance in a manner permitted     
 
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 by law (subject to applicable law regarding notice or right to cure).  To the 
extent permitted by law, if you are in default you will pay our collections 
costs, attorneys� fees, co urt costs, and all other expenses of enforcing 
our rights under this Agreement.  
 
ALLOCATION OF PAYMENTS  
We will allocate your minimum payment in the manner we determine.  If 
there are any active Installment Plan s associated with the Account, we 
will apply payment to the Installment Plan (s) first. We will then apply the 
amount in excess of the minimum payment to balances with higher APRs 
before balances with lower APRs  and then to any Installment Plan 
balance (s) in order of earliest Installment Plan expiration date.  
 
RECEIPT OF PAYMENTS  
Payments received before 5 PM CT at the address shown on your 
Statement on any of our regular Business Days will be posted as of the 
date of receipt.  Payments made in person before the close of busines s to 
an employee at a Commerce branch will be posted as of date of receipt.  
Payments mailed to the address shown or made in person at a branch 
must be accompanied by the Account number or payment stub, and in 
the form of a check or money order in U. S. Dol lars drawn on a U. S. 
financial institution.  Do not send cash through the mail.  A delay in 
crediting the payment to your Account may occur if the payment does not 
meet these requirements for making payments (conforming 
payments).  In no case shall such dela y exceed five days from receipt of 
such payment.  
 
The cutoff time for payments made on any of our regular Business Days 
through Commerce as transfers from your Commerce deposit account 
are as follows:  Commerce ATM, 7:00 PM CT; Commerce Online 
Banking, incl uding Mobile Banking, 7:00 PM CT; Commerce Account 
Information Line, 7:00 PM CT; Commerce Collections Department, 11:00 
PM CT. A payment made through Commerce Online Bill Pay will be 
posted on the Pay Date.  
 
Conforming payments received after the respectiv e cutoff time will be 
posted no later than the next Business Day.  Payments made by a third -
party payor, will be posted as of the date we receive the payment.  
 
When the due date falls on a weekend or holiday, your payment due 
date will be on the next Busine ss Day.  
 
We may accept late payments, partial payments or checks and money 
orders (or accompanying written communication) containing a statement 
to the effect that the instrument was tendered as �payment in full, � full 
satisfaction of a disputed claim or o ther similar language without losing 
any rights under this Agreement or under the law.  All such payments or 
written communications must be mailed to:  Commerce Bank, P.O. Box 
410857, Kansas City, MO 64141 -1857.  
 
CHANGE OF TERMS  
Provided the Account is meeting the terms of this Agreement:  (1) We will 
not increase an introductory  APR during any Introductory Rate period; 
and (2) We will not increase any APR, Annual Fee or minimum Interest 
Charge for 12 months following account opening, except for increases  
due to the expiration of an Introductory or Promotional Rate period, if 
any; changes in the Prime Rate; completion or failure of a temporary 
hardship arrangement; application of a Penalty Rate; or the end of 
military service to which the provisions of the  Servicemembers Civil 
Relief Act (SCRA) apply (�Exceptions�).  Otherwise, we may change the 
terms of the Agreement at any time, after notice and the right to reject if 
required by law.  Changes in any APR, other than the stated Exceptions, 
Annual Fee or mini mum Interest Charge will apply to new transactions 
created after the end of the 14th day following our providing notice to 
you. If you reject a change, your Account will be cancelled and you will 
no longer be able to use the Account.   
 
Cancellation of your  Account will not affect your liability to us for credit 
we have extended to you, including amounts not yet billed to your 
Account.  
 
ELECTRONIC RECORDS  
You agree that this document and all paper records related to your 
Account and whether or not the other paper records were submitted, 
received or obtained in advance of, contemporaneously with or 
subsequent to, the delivery of this document may, at the option of 
Commerce Bank, be converted by any digital or electronic method or 
process to an electronic recor d or subsequently further converted or 
migrated to another electronic record format or electronic storage 
medium.  You further agree that upon conversion to an electronic record 
as authorized herein such electronic record shall be the record of the 
transact ion and the electronic record shall have the same legal force and 
effect as the paper documents from which it was converted.  You waive 
any legal requirement that any documents digitally or electronically 
converted be embodied, stored, or reproduced in a ta ngible media.  You 
undersigned and agree that a printed or digitally reproduced copy of the 
electronic record shall be given the same legal force and effect as a 
signed writing.  In addition, you authorize and agree to destruction of the 
paper documents by C ommerce Bank upon conversion of the paper 
documents to a digital or electronic record.  
 
COMMUNICATIONS CONSENT  
You expressly consent and agree that Commerce Bank and their 
affiliates, agents, vendors, collections agencies, and service providers 
may use written, electronic or verbal means to contact you.  The ways in 
which we may contact you include, but are not limited to, contact by 
manual calling methods, live operator calls, prerecorded or artificial voice 
calls and messages, text messages, emails, and /or automatic telephone 
dialing systems. You agree that Commerce Bank and their affiliates, 
agents, vendors, collections agencies, and service providers may contact 
you by using any email address or any telephone number you provide, 
now or in the future, i ncluding a number for a cellular phone or other 
wireless device, regardless of whether you incur charges as a result.  
Phone numbers and email addresses, you provide include those you give to us, those from which you contact us or which we obtain through 
other means. Message and data rates may apply.  
 
Indemnification   
If you provide telephone number(s) for which you are not the subscriber, 
you understand that you shall indemnify us for any costs and expenses, 
including reasonable attorneys� fees, incurred as a result of us contacting 
or attempting to contact you at the number(s) provided. In the event any 
of your contact information changes, you agree to immediately notify us.  
 
Communication Revocation   
If you do not want to receive communications as described in the 
previous paragraph, you must: (i) provide us with written notice revoking 
your prior consent, (ii) in that written notice, you must include your name, 
mailing address, and the last four digits of your Account number; (iii)  
advise whethe r you would like communications to cease via mail, voice 
calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if 
you are requesting communications to cease via telephone number(s) 
and/or email, please provide the specific phone number(s ) and email 
address; (v) you must send this written notice to:  
 
Commerce Bank  
Attention � Commerce Bank Customer Service  
P.O. Box 411036 , Kansas City, MO 64141 -1036  
 
Telephone Conversation Recording   
You consent and agree that our staff may monitor and/or record phone 
calls between you and our representatives without additional notice to 
you, including but not limited to calls we make to service your account or 
collect debt(s).  
 
MILITARY LENDING ACT DISCLOSURE  
Federal law provides important protectio ns to members of the Armed 
Forces and their dependents relating to extensions of consumer credit. In 
general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 
36 percent. This rate must include, as applicable to the credit transaction 
or account: The costs associated with credit insurance premiums; fees 
for ancillary products sold in connection with the credit transaction; any 
application fee charged (other than certain applicat ion fees for specif ied 
credit transactions or accounts); and any participation fee charged (other  
than certain participation fees for a credit card account). You can call toll 
free to 855 -225-1576 to hear the applicable required Military Lending Act 
disclosures.  
 
MISCELLANEOUS PROVISIONS  
You also agree that:  
� We may refuse to extend credit to you or anyone using your 
Account or Card(s).  
� We will not be liable or responsible for anyone�s refusal to honor 
your Card(s).  
� Each Account you have with us is sep arate from any others you 
have with us, and Interest Charges will be charged on each 
Account�s balance at the APR given with each Agreement.  Each 
individual Account will be designated by an individual Account 
number.  
� Your Card(s) are Commerce Bank property . 
� We may change the premium enhancements offered at any time 
without further notice to you.  
� Merchants with whom you�ve shared your Account number may be 
updated with new Account information to ensure the continuation of 
your payment agreement.  
� You will not  use your Card(s) for any purpose that has been 
deemed illegal.  We reserve the right to deny authorization requests 
from online gambling merchants, whether or not online gambling is 
illegal in the state in which you reside.  
� Commerce Bank may share your Acc ount experience and 
transaction information with its Affiliates, which are members 
of the Commerce Family of Companies as defined in your 
Privacy Statement . Unless you call 1 -800-543-4845, you agree 
that Commerce Bank and its Affiliates may also share othe r 
information about you or your Account.  
� You must notify us immediately at Commerce Bank, P.O. Box 
411036, Kansas City, MO 64141 -1036 , if you believe any 
information we reported to a credit reporting agency is inaccurate.  
 
SECURITY INTEREST  
Collateral securing other loans with us may also secure this 
indebtedness.  
 
CHANGES IN ADDRESS  
You agree to notify us immediately if you change your address.  
 
INTERPRETATION  
The Agreement shall be governed by applicable federal law and 
regulations.  To the extent not preempted by applicable federal law, this 
Agreement shall be  governed by the laws of the state of Missouri, but 
Commerce Bank will rely on the provisions of Nebraska law with respect 
to the fees and charges (other than intere st) that apply to your Account, 
as authorized by Missouri Revised Statutes Section 408.145.  
 
Your Billing Rights: Keep this Document for Future Use  
This notice tells you about your rights and our responsibilities 
under the Fair Credit Billing Act.  
 
What T o Do If You Find A Mistake On Your Statement  
If you think there is an error on your Statement, write to us at:  
Commerce Bank , P.O. Box 411036, Kansas City, MO 64141 -1036  
You may also send us this information via fax at 1 -816-234-2811  
 
In your letter, give us the following information:  
� Account information: Your name and Account number.  
� Dollar amount: The dollar amount of the suspected error.      
 
  4 
 � Description of problem: If you think there is an error on your 
bill, describe what you believe is wrong and why you be lieve it 
is a mistake.  
You must contact us:  
� Within 60 days after the error appeared on your Statement.  
� At least 3 Business Days before an automated payment is 
scheduled, if you want to stop payment on the amount you 
think is wrong.  
You must notify us of any potential errors in writing. You may call us, but 
if you do , we are not required to investigate any potential errors and you 
may have to pay the amount in question.  
 
What Will Happen After We Receive Your Letter  
 
When we receive your letter, we must do  two things:  
1. Within 30 days of receiving your letter, we must tell you that we 
received your letter. We will also tell you if we have already corrected the 
error.  
2. Within 90 days of receiving your letter, we must either correct the error 
or explain  to you why we believe the bill is correct.  
 
While we investigate whether or not there has been an error:  
� We cannot try to collect the amount in question or report you 
as delinquent on  that amount.  
� The charge in question may remain on your Statement, and 
we m ay 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 Charges 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 wit h 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 yo ur 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 report ed you as delinquent, and we must let those organizations 
know when the matter has been settled between us.  
 
If we do not follow all of the rules above, you do not have to pay the first 
$50 of the amount you question even if your bill is correct.  
 
Your Rig hts 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 n ot to pay 
the remaining amount due on the Purchase.  
 
To use this right, all of the following must be true:  
 
1. The Purchase must have been made in your home state or within 
100 miles of your current mailing address, and the purchase price 
must have been more than $50. (Note: Neither of these are 
necessary if your Purchase was based on an advertisement we 
mailed to you, or if we own the company that sold you the goods or 
services.)  
2. You must have used your credit card for the Purchase. Purchases 
made with Cash Advances from an ATM or with a check that 
accesses your credit card Account do not qualify.  
3. You must  not yet have fully paid for the Purchase.  
 
If all of the criteria above are met and you are still dissatisfied with the 
Purchase, contact us in writing at:  
 
Commerce Bank P.O. Box 411036, Kansas City, MO 64141 -1036  
 
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.  
 
LIABILITY FOR UNAUTHORIZED USE  
If your name appears on the Account for the Card(s) accompanying this 
Agreement, then by using or permitting another to use the Card(s) and/or 
PIN, you agree to all the provisions of this Agreement, including, but not 
limited to your promise to pay.  You will no t be liable for unauthorized use 
that occurs after you notify Commerce Bank orally or in writing.  
Notification of loss, theft or possible unauthorized use may be mailed to 
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141 -1036 , or 
you may call 1-800-645-2103 .  
 
DISPUTE RESOLUTION � ARBITRATION  
 
PLEASE READ THIS SECTION CAREFULLY.   IT PROVIDES THAT, 
WITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO 
RESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING 
ARBITRATION . IF ARBITRATION IS ELECTED, YOU AND WE WAIVE 
THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A 
PUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING 
OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR 
PROCEEDING.  
 
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGR EEMENT TO 
ARBITRATE AS SET FORTH BELOW .   
 
 Agreement to Arbitrate  
You and we agree that either of us may elect to resolve any Claims (as 
defined below) through binding arbitration unless you opt out of the 
agreement to arbitrate as set forth below, or unl ess prohibited by law. If 
you or we elect to resolve a Claim through arbitration, neither you nor we 
will have the right to pursue such claim in court or have a jury decide the 
claim, nor will you or we have the right to bring or participate in any class 
or other representative action in court or in arbitration.   
 
What Claims are Subject to Arbitration?   As used in this section, the term 
�Claim� has the broadest possible meaning and includes, but is not 
limited to, any unresolved disagreement, controversy, dispute, or cause 
of action between you and us, whether preexisting, present or future, 
arising out  of, related to or concerning this Agreement, your Account, the 
services provided pursuant to this Agreement, optional features including 
but not limited to Special ConnectionsSM and toggle�, any relationship 
between you and us, or any advertisement or sol icitation, whether such 
Claim is asserted or brought in a direct, derivative, assignee, survivor, 
successor, beneficiary or personal capacity. Without limiting the 
foregoing, the term �Claim� also includes any unresolved disagreement, 
controversy, dispute,  or cause of action between you and us arising out 
of, related to or concerning any fees or charges relating to any 
Account(s), and any services relating to any Account(s), optional 
features including but not limited to Special ConnectionsSM and toggle�, 
on-line or telephone banking services, communication methods and 
practices we may use to service your Account, and ATM services.  It also 
includes any disputes you have with our agents, contractors, employees, 
officers or assignees, any merchants with whom you use the Account, 
any credit reporting agencies to whom we report the Account or any 
other third party that has been involved or becomes involved with, or 
whose trademarks are used in connection with, any purchasing, 
marketing, soliciting, servicing or credit reporting activity relating to your 
Account.  The Claims covered by this agreement to arbitrate include, 
without limitation:  
 
� Any disputes regarding: the application you prepared in 
connection with the issuance of your Account; any solicitation 
or advertising materials you received in connection with your 
Account; any activities relating to the maintenance or servicing 
of your Account; and any funds held by the Bank in connection 
with your Account;  
 
� Any disputes arising from the collection of amoun ts you owe in 
connection with your Account or the manner of collection;  
 
� Any disputes concerning the dollar amount of payments made 
or transactions posted to your Account;  
 
� Any disputes concerning the processing of items or funds 
transfers sent to the Ba nk for the purpose of posting to your 
Account;  
 
� Any disputes regarding information obtained by us from, or 
reported by us to, credit bureaus or others;  
 
� Any disputes related to insurance or other services or products 
purchased from us in connection with your Account;  
 
� Any disputes regarding communications involving telephones, 
automatic dialing systems, artificial or prerecorded voice 
messages, SMS text messages or facsimile machines; and  
 
� Any disputes concerning the relationships resulting from this 
Agre ement, your Account or any of the foregoing.  
 
The term �Claim� includes claims of every kind and nature, including but 
not limited to, initial claims, counterclaims, cross -claims and third -party 
claims and claims based upon contract, tort, fraud and other intentional 
torts, statutes, regulations, common law and equity.  For purposes of this 
section, �we,� �us,� and �our� includes Commerce Bank, any corporate 
parent, subsidiaries, affiliates, employees, officers, directors, agents, 
controlling persons and re presentatives, as well as any person or entity 
who provides any services in connection with this Agreement or who is 
named as a co -defendant with us in a Claim asserted by you.  
 
What Disputes are Not Subject to Arbitration?   Notwithstanding any other 
langu age herein, the term �Claim� shall not include any dispute or 
controversy regarding the validity, enforceability, coverage or scope of 
this agreement to arbitrate or any part thereof, including, without 
limitation, the �Waiver of Jury Trial and Class or Re presentative Action� 
provision set forth below, subsections A and B of the �Survival and 
Severance� provision set forth below and this sentence; all such disputes 
are for a court and not the arbitrator to decide.  In addition, claims filed 
by you or us ind ividually in small claims court, so long as any such claim 
remains in that court and advances only an individual claim for relief, are 
not subject to arbitration.  However, if a claim is transferred, removed or 
appealed to a different court, you or we will  then have the right to 
demand arbitration of such claim. Other claims, disputes, controversies 
or issues not subject to arbitration are set forth in the section titled 
�Rights Preserved.�  
 
How Does Arbitration Work?   The arbitration shall be administered by the 
American Arbitration Association (�AAA�), pursuant to its Consumer 
Arbitration Rules (collectively, �Rules�) in effect at the time a demand for 
arbitration is filed. The Rules are available online at www.adr.org, or you 
may contact the AAA at 120 Br oadway, Floor 21, New York, N.Y 10271 .  
If the AAA is unable to serve and you and we cannot agree on a 
replacement, a court with jurisdiction will select the arbitrator. If there is a 
conflict between the Rules and this agreeme nt to arbitrate, or between 
this agreement to arbitrate and the Agreement, this agreement to 
arbitrate shall control.  Pursuant to the Rules, the AAA will select a single 
arbitrator who shall have expertise in the substantive laws applicable to 
the Claim�s  subject matter. If the value of relief sought is $10,000 or less, 
you or we may elect to have the arbitration conducted by telephone or     
 
  5 
 based solely on the submission of written documents, unless the Rules 
or arbitrator requires an in -person proceeding. I f the value of the relief 
sought is more than $10,000, or an in -person proceeding is required, the 
arbitration proceeding shall be conducted in the same city as the U.S. 
District Court closest to your home address, unless the parties mutually 
agree upon a different location in writing.  Either party may, at its sole 
cost and discretion, choose to be represented by an attorney at any 
arbitration proceeding.  
 
The arbitrator may award any damages or other relief provided for under 
applicable law as if an indivi dual action were brought in court, including, 
without limitation, punitive damages (which shall be governed by the 
Constitutional standards employed by the courts) and injunctive, 
equitable and declaratory relief (but only in favor of the individual party 
seeking relief and only to the extent necessary to provide relief 
warranted by that party�s individual claim). If we made a written offer to 
you to settle your Claim prior to an arbitrator being selected, and the 
arbitrator awards you an amount greater tha n our last offer, if any, we will 
(i) pay you the arbitrator�s award or $5,000, whichever is greater, and (ii) 
pay your reasonable attorney, witness and expert fees and costs, if any. 
Judgment on the arbitrator�s award is final and binding and may be 
enter ed in any court of competent jurisdiction.  
 
The arbitrator, you and we will not disclose the existence, content or 
outcome of any arbitration proceeding; provided, however, that 
disclosures required by applicable law or regulation shall not be subject 
to such restriction.  The foregoing sentence does not prohibit any party 
from, in good faith, investigating a claim or defense, including 
interviewing witnesses or otherwise engaging in discovery as permitted 
by the Rules. No arbitration award involving the pa rties will have any 
preclusive effect as to issues or claims in any dispute involving anyone 
who is not a party to the arbitration, nor will an arbitration award in prior 
disputes involving other parties have preclusive effect in an arbitration 
between the  parties to this agreement to arbitrate.   
 
How is Arbitration Initiated?  If you or we elect to arbitrate a Claim, the 
party electing arbitration must notify the other party in writing. This notice 
can be given after the beginning of a lawsuit and can be given in papers 
filed in the lawsuit (for example, a motion by the defenda nt to compel 
arbitration of claims asserted by the plaintiff in a lawsuit filed in court). 
Otherwise, your notice must be sent to Commerce Bank, Attn: ADR 
Notice, P.O. Box 413037, Kansas City, MO 64141 -3037, and our notice 
will be sent to the most recent a ddress for you in our files. If a party files 
a lawsuit in court asserting Claim(s) that are subject to arbitration and the 
other party files a motion to compel arbitration with the court which is 
granted, it will be the responsibility of the party asserti ng the Claim(s) to 
start the arbitration proceeding in accordance with the Rules.  
 
Who Pays for Arbitration?   Except as otherwise provided herein, we will 
pay the filing, administration and arbitrator fees charged by the AAA for 
any arbitration initiated in accordance with this agreement to arbitrate. If 
you pay any initial filing fee, we will reimburse you. If you cannot afford to 
pay any initial filing fees, we will pay them for you. We will pay any fees 
or expenses that we are required to pay by law or the Rules or that we 
are required to pay for this agreement to arbitrate to be enforced.  
 
The arbitrator will have the authority to award fees and costs of 
attorneys, witnesses and experts to the extent permitted by the Rules, 
this agreement to arbitrate,  the Agreement, or applicable law. We will not 
seek to recover from you any fees or expenses we pay on your behalf, or 
any attorney, witness or expert fees or other costs or expenses we incur 
in defending an individual arbitration commenced by you. 
Notwith standing the foregoing, if the arbitrator finds that a Claim is 
frivolous or brought in bad faith or for an improper purpose, then the 
payment of all fees, costs and expenses shall be determined by the 
Rules.   
 
What Law is Applicable?   You and we agree th at our relationship 
includes transactions involving interstate commerce and that this 
agreement to arbitrate and any arbitration rule, proceeding and award 
pursuant to the terms hereof, are governed by and enforceable pursuant 
to the provisions of the Fede ral Arbitration Act (�FAA�) (9 U.S.C. � 1, et 
seq.).  Notwithstanding anything to the contrary in the Agreement, to the 
extent that state law is applicable, including with respect to the 
interpretation and enforcement of this agreement to arbitrate, Missou ri 
law shall apply to the extent consistent with the FAA.  The arbitrator shall 
decide the claim in accordance with applicable substantive law and the 
terms of this Agreement, and shall apply all statutes of limitation and 
honor attorney -client and other p rivileges.   
 
How do I Opt Out of the Agreement to Arbitrate?   If you do not accept 
this agreement to arbitrate, you may reject it (�opt out�). If you opt out, 
neither you, nor we, will be subject to the requirement to resolve any 
claim by arbitration or a ny other provision of this section.   
 
To opt out, you must send us written notice of your decision to reject this 
agreement to arbitrate to the address set forth below. We must receive 
your written notice by the later of: (i) May 1, 2020 or (ii) thirty (3 0) days 
after we sent you this Agreement via US Mail, through electronic 
disclosure, provided it to you in person, or by other reasonable delivery 
method. Your written opt out notice must: (a) include a signed statement 
that you reject the agreement to arb itrate set forth in this Agreement; (b) 
include your name, address and the Account number you wish to opt out; 
and (c) be sent to us at the following address: Commerce Bank, Attn: 
ADR Credit Card Opt Out,  P.O. Box 414220, Kansas City, MO 64141 -
4220.  
 
This is the only way you can reject this agreement to arbitrate. If you opt 
out, it will not affect any other terms of this Agreement, and it will not 
adversely affect your Account or any relationship between you and us.  
Your rejection of this agreement to ar bitrate shall not be imputed to any 
other person or entity or be deemed to be a rejection of this agreement 
to arbitrate by any person or entity other than you.  Nor shall your 
rejection of this agreement to arbitrate eliminate the obligation of other persons or entities who wish to reject this agreement to arbitrate to 
personally comply with the notice and time requirements of this opt -out 
provision. The agreement to arbitrate is the only section of this 
Agreement that you can opt out of.  
 
Waiver of Jury T rial and Class or Representative Action.   UNLESS YOU 
REJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE 
WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT 
IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE 
THE RIGHT TO (i) PARTICIPATE IN A CLASS ACTIO N IN COURT OR 
IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR 
CLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR 
IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE 
GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN 
COURT OR IN ARBITRATION OR  (iii) HAVE A COURT OR A JURY 
RESOLVE THE CLAIM.   MOREOVER, UNLESS MUTUALLY AGREED 
UPON IN WRITING BY ALL PARTIES, CLAIMS MAY NOT BE 
JOINED, CONSOLIDATED, OR OTHERWISE COMBINED WHETHER 
OR NOT ANY SUCH COMBINATION OCCURRED AS A RESULT OF 
AN ASSIGNMENT.  
 
Rights Preserved .  In addition to subjects excluded from arbitration in 
accordance with the provision titled �Which Disputes are Not Subject to 
Arbitration?� this agreement to arbitrate does not prohibit you or us, at 
any time, from (a) exercising any lawful  rights to preserve or obtain 
possession of property or self -help remedies, including but not limited to, 
the right to set -off, the right to restrain funds in a deposit account, 
recoupment, repossession, replevin or trustee�s sales;  (b)  obtaining 
provisi onal or ancillary remedies or injunctive relief (other than a stay of 
arbitration), including but not limited to attachment, garnishment, 
interpleader or the appointment of a receiver by a court of appropriate 
jurisdiction; or (c) bringing an individual ac tion in court that is limited to 
preventing the other party from using a self -help or non -judicial remedy 
and that does not involve a request for damages or monetary relief of 
any kind.  
 
Conflict, Survival and Severance.   In the event of any conflict or 
inconsistency between this agreement to arbitrate and other provisions 
of this Agreement or the Rules, this agreement to arbitrate will govern. 
This agreement to arbitrate shall survive any termination of or changes to 
any of your Account subject to this Ag reement; the transfer or 
assignment of any of the foregoing; and the bankruptcy of any party to 
the extent permitted by law. If any term or provision of this agreement to 
arbitrate is held to be unenforceable, prohibited or invalid, the remaining 
provision s shall be enforced without regard to such illegal or 
unenforceable term or provision, except that:  
 
 (A) if any provision of this agreement to arbitrate regarding 
class action, class arbitration, private attorney general action, other 
representative actio n, joinder, or consolidation is determined by an 
authority of competent jurisdiction to be unenforceable or illegal, such 
provision shall not be severable and this agreement to arbitrate between 
you and us (except for this sentence) shall be null and void,  provided that 
such determination of unenforceability or illegality shall be subject to 
appeal. The parties acknowledge and agree that under no circumstances 
will a class action, private attorney general action or other representative 
action be arbitrated;  and  
 
 (B) if a Claim is brought seeking public injunctive relief and a 
court determines that the restrictions in the �Waiver of Jury Trial and 
Class or Representative Action� provision or elsewhere in this agreement 
to arbitrate prohibiting the arbitrato r from awarding relief on behalf of 
third parties are unenforceable with respect to such Claim (and that 
determination becomes final after all appeals have been exhausted), the 
Claim for public injunctive relief will be determined in court and any 
individu al Claims seeking monetary relief will be arbitrated.  In such a 
case the parties will request that the court stay the Claim for public 
injunctive relief until the arbitration award pertaining to individual relief 
has been entered in court.  In no event wi ll a Claim for public injunctive 
relief be arbitrated.  
 
DISPUTE RESOLUTION - JURY TRIAL WAIVER  
You and we agree that in the event that any Claim or dispute between us 
is not arbitrated but instead is resolved in court, you and we knowingly 
and voluntarily  waive the right to a jury trial to the full extent permitted by 
applicable law.  
__________________________________________  
 
If you have any questions regarding this Agreement, or our current fee 
schedule, write to us at Commerce Bank, P.O. Box 411036, Kan sas 
City, MO 64141 -1036, or call us at 1 -800-645-2103.  
 
(Effective 2/26/2020)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     
 
  6 
  
 
 
 
Commerce Bank credit cards may come with optional credit card 
payment features, including Special ConnectionsSM and toggle�. The 
Special ConnectionsSM and toggle� features are offered at the sole 
discretion of Commerce Bank (�Commerce�) to Accountholders ( �You� or 
�Your�) that have Qualified Commerce Bank Credit Card Accounts.  A 
�Qualified Commerce Credit Card Account � means any open Account 
that is not designated by Commerce as lost, stolen, fraud transferred, 
credit revoked, closed, bankrupt, charged off, or in Consumer Credit 
Counseling or recovery. By using these optional features, you 
acknowledge that you have read  and accepted the Commerce Bank 
Special ConnectionsSM terms and conditions  (�Special ConnectionsSM 
Terms and Conditions �) and the Commerce Bank toggle� terms and 
conditions (�toggle� Terms and Conditions �) which shall govern your use 
of and rights under th ese optional features.  
 
The Special ConnectionsSM Terms and Conditions and toggle� Terms 
and Conditions are a separate agreement and are not part of your 
Agreement . 
 
SPECIAL CONNECTIONSSM FEATURE  
With this feature (� Special ConnectionsSM Feature �), and as permitted 
from time to time, you may use your Card to access Commerce Bank 
Special ConnectionsSM Feature -eligible deposit accounts, credit cards, 
lines of credit, and/or loans. You may request the Special ConnectionsSM 
Feature from a Commerce Bank  branch, through Commerce Bank 
Online Banking, or from our Customer Service Department at 1 -800-645-
2103. These features are not automatically activated.  
 
For customers with a Special Connections� Visa� or Mastercard� credit 
card, please note: The Special ConnectionsSM Feature is different from a 
Commerce Bank  Special Connections� Visa or Mastercard  credit card.  
The Special ConnectionsSM Feature allows you to add certain 
functionality to any Commerce Bank -issued credit card, including  
Commerce Bank�s Special Connections� Visa or Mastercard  credit card.  
However, your Special Connections� Visa or Mastercard  credit card is 
not automatically enabled with the Special ConnectionsSM Feature.  You 
must proactively enroll any credit card, including your Special 
Connections� Visa or Mastercard  credit card, in the Special 
ConnectionsSM Feature in order for that card to utilize the Special 
ConnectionsSM Feature�s capabilities described herein.  
 
ELECTRONIC FUND TRANSFERS  
The following provisions apply only to electronic fund transfers  (�EFTs�).  
EFTs are any transfer of funds initiated with your Card(s) at an ATM or 
as a debit transaction at Point of Sale.  We can cancel these services at 
any time and for any reason without notice.  We can also cancel your 
entire Account, including credit card services, and revoke your Card(s) 
as provided in the CANCELLATION paragraph above.  This may be done 
by an ATM or merchant not returning your Card(s) to you.  We may 
change the terms of this Agreement relating to EFTs without notice to 
you unless required by law.  
 
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT 
OF UNAUTHORIZED TRANSFER  
Tell us AT ONCE if you believe your card has been lost or stolen, or if 
you believ e that an electronic fund transfer has been made without your 
permission using information from your check. Telephoning is the best 
way of keeping your possible losses down. You could lose all the money 
in your account plus your maximum overdraft line of c redit. If you tell us 
within 2 business days after you learn of the loss or theft of your card, 
you can lose no more than $50 if someone used your card without your 
permission.  
 
If you do NOT tell us within 2 business days after you learn of the loss or 
theft of your card, and we can prove we could have stopped someone 
from using your card without your permission if you had told us, you 
could lose as much as $500.  
 
Also, if your statement shows transfers that you did not make, including 
those made by card , code or other means, tell us at once. If you do not 
tell us within 60 days after the statement was mailed to you, you may not 
get back any money you lost after the 60 days if we can prove that we 
could have stopped someone from taking the money if you ha d told us in 
time. If a good reason (such as a long trip or a hospital stay) kept you 
from telling us, we will extend the time period. By permitting another 
person to use the card, you authorize and are fully liable for any 
transactions that person initiat es until that person �s authority is ended. 
You may only end that person �s authority by notifying us.  
 
If you believe your card has been lost or stolen, or that someone has 
transferred or may transfer money from your account without your 
permission, call u s at 1 -800-617-7480 or write to us at Commerce Bank, 
PO Box 411036, Kansas City, MO 64141 -1036. You should also call the 
number or write to the address listed above if you believe a transfer has 
been made using the information from your check without your 
permission.  
 
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS  
Account Access.  The following EFTs are only available if you request 
the Special ConnectionsSM Feature. Depending on the type of accounts 
that Commerce determines from time -to-time are eligible for the Special 
ConnectionsSM Feature as well as which of your accounts you choose to  
access using the Special ConnectionsSM Feature, you may use your Card  
to perform the following functions where otherwise permitted:  
 
ATM Transaction  
At the ATM, insert your Card and enter the credit card PIN that you 
established for this Card to (i) withdraw cash from, deposit money in,  
 
  
 
 
 
transfer funds between, or le arn the balances in your checking, regular 
savings or money -market accounts; (ii) use funds from your checking, 
regular savings, and money -market accounts to make payments on your 
Commerce credit cards, lines of credit or loans or (iii) take cash 
advances on your Commerce credit cards.   
 
The account(s) you designate for ATM accessibility will be considered 
your Special ConnectionsSM Feature at the ATM account (s) (each, an 
�ATM Account�).  If you wish to designate one or more checking accounts 
as an ATM Account, then you must designate one of those checking 
accounts as your Point of Sale Account as defined below.  In order to 
have ATM access to your checking accounts, you must at all times 
maintain a Point of Sale Account.  If you no longer have a Point of Sale 
Account, then you will lose ATM access to all of your checking accounts.  
 
Commerce has no control over the functionalities offered at non -
Commerce ATMs.  Some or all of these features may not be available at 
all non -Commerce ATMs and some ATMs may all ow you to perform 
other functions not mentioned here, including the ability to make 
purchases (e.g. stamps).  If at any time you use a non -Commerce ATM to 
request to take money from an account that you do not have or if the 
non-Commerce ATM does not prompt you to select a specific account 
from which to take the money, then you agree that Commerce will 
attempt to comply with your request by providing you with money from 
one of your open ATM Accounts. Cash withdrawals may be taken from 
any open deposit ATM Acc ount owned by you and cash advances may 
be taken from any credit card ATM Account owned by you.  
 
Point of Sale Transaction  
You may designate one (1) checking account as your Special 
ConnectionsSM Feature at the point of sale account  (�Point of Sale 
Account �). At merchants that have agreed to accept the Card on 
networks utilized by us  and support the Special ConnectionsSM Feature , 
you can use funds in your Point of Sale Account to pay for your 
purchases. The use of your Card in this manner constitutes a 
simu ltaneous withdrawal from and/or demand upon your checking 
account, even though the transaction may not actually be posted to your 
account until a later date. Merchants decide how to interact with the 
Special ConnectionsSM Feature and the experience may var y. 
 
Only Commerce checking accounts are eligible for this functionality and 
only one (1) Commerce Bank checking account can be designated as 
the Point of Sale Account at any one time.  Your Point of Sale Account 
shall always remain as an ATM Account.  If at any time you instruct 
Commerce to remove the Point of Sale capabilities from your card, you 
will no longer have access to any of your checking accounts at the ATM.   
 
ATM and Point of Sale transactions will post to your checking account(s) 
as detailed in your Deposit Agreement.   
 
Foreign Transaction  
For transactions occurring outside of the United States, the nature of 
which is unspecified to us, we will apply the transaction to accounts in 
the following order: checking, money -market, regular savings, 
Commerce Visa or Commerce Mastercard . 
 
Limitation on Frequency of Transfers.  There are no limitations on the 
number of transfers that can be made during any time period to or from 
any deposit account, except as provided by federal regulations limi ting 
preauthorized transfers. By federal regulation, you are limited during any 
statement cycle to six preauthorized transfers (three of which may be by 
check, draft or similar order if the account is a money market -type 
account).  
 
Limitation on Dollar Amount of Transfers.  The balance available for 
authorizing purchases and cash withdrawals is the lesser of 1) your 
available deposit account balance, plus any credit available through an 
overdraft protection line of credit or through any overdraft authorized by 
us in our sole discretion, OR 2) daily dollar limitations. For cash 
advances against a Commerce Bank credit card, you may withdraw cash 
up to the lesser of your credit line or daily dollar limitations. In addition, 
daily withdrawal frequency limitations may apply to cash advances. 
Dollar limitations may differ at ATMs other than ours.  
 
Online Gambling.  You agree that you will not use your card for any 
purpose that has been deemed illegal. We reserve the right to deny 
authorization re quests from online gambling merchants, whether or not 
online gambling is illegal in the state in which you use your card.  
 
Reservations and Merchant Authorization.  Under certain 
circumstances, a merchant (e.g., hotel) may require the use of a card to 
guara ntee reservations that may result in a hold on the available funds in 
the account. If you cancel any guaranteed reservation made using the 
card, you must obtain a cancellation number. If you fail to do so, the hold 
placed for the guaranteed reservation wil l not be canceled and the 
amount will be held against the balance in the account. This may limit 
your future transactions. Further, if the merchant subsequently charges 
the amount of the guaranteed reservation to the account, we will not be 
obligated to re -credit the account if you fail to obtain a cancellation 
number. In addition, authorizations issued for card transactions must be 
canceled when you initiate a card transaction and subsequently use 
another form of payment for the transaction such as a credi t card or 
cash, since failure to have the authorization canceled may also result in 
a hold on funds in the account and limit your future transactions.  
 
POINT OF SALE TRANSACTIONS  
The use of your card with the Special ConnectionsSM Feature to 
purchase goods and services constitutes a simultaneous withdrawal from 
and/or demand upon your checking account, even though the transaction 
may not actually be posted to your account until a later date. Any person 
OPTIONAL FEATURES      
 
  7 
 or merchant honoring your car d may be required to obtain approval or 
authorization for any transaction. When we approve a non -PIN 
transaction (which may or may not require your signature), we may 
immediately reduce the available balance in your checking account by 
the authorization am ount requested by the merchant even though we 
have not received the transaction electronically for payment, which may 
differ from the final posted amount.  
 
This authorization amount will not be available until our receipt of the 
transaction OR no more tha n three business days after the transaction 
date, whichever first occurs. If funds are not available for checks, other 
items or debits, you may be subject to overdraft or insufficient funds fees. 
Transactions with your card will be posted to your account i n the order 
and with the same legal effect as checks or other debits drawn on your 
account. You may use your card only in the manner and for the purposes 
authorized by this Agreement. We may recognize a transaction even if 
we have not authorized it, but th at does not mean we will authorize the 
same type of transaction again. You do not have the right to stop 
payment on any transaction originated by use of your card with the 
Special ConnectionsSM Feature, except recurring preauthorized transfers 
as described  in this Agreement.  
 
Overdrafts . You are responsible for all authorized transactions initiated 
by use of your card with the Special ConnectionsSM Feature. If a negative 
balance (overdraft) in your checking account results from the use of the 
card with the  Special ConnectionsSM Feature, you will pay us on demand 
this negative balance and our then current charge for overdrafts. If you 
have an overdraft line of credit (Checking Plus) for an account, you are 
bound by the rules and regulations that apply to tha t credit privilege 
(Overdraft Protection). In addition, if your checking account is closed 
before transactions are posted, you will pay us on demand the 
outstanding amount.  
 
FEES  
Fees for all EFT services are disclosed in our fee schedule. You will 
receive  a fee schedule at account opening. You may request a copy of 
our current fee schedule at any Commerce branch or by contacting 1 -
800-453-2265. When you use an ATM not owned by us you may be 
charged a fee by the ATM operator (or any network used) for a 
transaction or for a balance inquiry even if you do not complete a fund 
transfer.  
 
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS  
 
Terminal Receipts.  You will get a receipt at the time you make any 
transfer to or from your deposit account using an ATM or electronic POS 
terminal.  
 
Preauthorized Credits.  If you have arranged to have direct deposits 
made to your deposit account at least once every 60 days  from the same 
person or company, you can call us at 1-800-746-8704 to find out 
whether or not the deposit has been made.  
 
Periodic Statement. You will get a monthly deposit statement if you 
have a deposit account upon which checks or drafts may be drawn.  You 
will get a monthly deposit statement on your regular savings account if 
there are electronic transfers during the month. In any case, you will get 
a regular savings deposit statement quarterly.  
 
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES  
We wi ll disclose information to third parties about your account or the 
transfers you make:  
� Where it is necessary for completing transfers. Merchants with 
whom you�ve shared your account number may be updated with 
new account information to ensure the continuation of your payment 
agreement.  
� In order to verify the existence and condition of your account for a 
third party, such as a consumer reporting agency or merchant.  
� In order to comply with government agency or court orders.  
� If you give us your permission.  
� In accordance with our current Privacy Policy Notice.  
 
RIGHT TO STOP PAYMENT OF PREAU THORIZED TRANSFERS AND 
PROCEDURES FOR DOING SO; RIGHT TO RECEIVE NOTICE OF 
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP 
PAYMENT  
If you have told us in advance to make regular payments out of your 
deposit account, you can stop any of these payment s. Here�s how: Call 
us at 1 -800-617-7480 or write us at Commerce Bank, PO Box 411036, 
Kansas City, MO 64141 -1036 in time for us to receive your request three 
business days or more before the payment is scheduled to be made. If 
you call, we may also require  you to put your request in writing and get it 
to us within 14 days after your call.  
 
Notice of Varying Amounts.  If these regular payments may vary in 
amount, the person you are going to pay will tell you, 10 days before 
each payment, when it will be made and how much it will be. You may 
choose to get this notice only when the payment would differ by more 
than a cert ain amount from the previous payment, or when the amount 
would fall outside certain limits that you set.  
 
Liability for Failure to Stop Payment of Preauthorized Transfers.  If 
you order us to stop one of these payments three business days or more 
before th e transfer is scheduled, and we do not do so, we will be liable 
for your losses or damages.  
 
Our Liability for Failure to Make Transfers.  If we do not complete a 
transfer to or from your deposit account on time or in the correct amount 
according to our Ag reement with you, we will be liable for your losses or 
damages. However, there are some exceptions. We will not be liable, for 
instance:  
� If through no fault of ours, you do not have enough money in your 
account to make the transfer.  
� If the transfer would  go over the credit limit on your overdraft line.  � If the ATM where you are making the transfer does not have 
enough cash.  
� If the terminal or system was not working properly and you knew 
about the breakdown when you started the transaction.  
� If circumstan ces beyond our control (such as flood or fire) prevent 
the transfer, despite reasonable precautions that we have taken.  
� There may be other exceptions stated in our Agreement with you.  
 
ERROR RESOLUTION PROCEDURES  
In case(s) of errors or questions about y our EFTs, telephone us at 1 -800-
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City, 
MO 64141 -1036 as soon as you can, if you think your statement or 
receipt is wrong, or if you need more information about a transfer listed 
on the statement o r receipt. We must hear from you no later than 60 
days after we sent the FIRST deposit statement on which the problem or 
error appeared.  
� Tell us your name and account number.  
� Tell us the name of the merchant, the transaction date and the 
dollar amount of  the suspected error.  
� Describe the error or the transfer you are unsure about, and explain 
as clearly as you can why you believe it is an error or why you need 
more information.  
� Tell us if you have already attempted to resolve the issue directly 
with the  merchant.  
� If you tell us orally, we may require that you send your complaint or 
question in writing within 10 business days.  
 
We will determine whether an error occurred within 10 business days 
after we hear from you and will correct any error promptly. If we need 
more time, however, we may take up to 45 calendar days to investigate 
your complaint or question. If we decide to do this, we will credit your 
deposit account within 10 business days for the amount you think is in 
error so that you will have the use of the money during the time it takes 
us to complete our investigation. If we ask you to put your complaint or 
question in writing and we do not receive it within 10 business days, we 
may not credit your deposit account.  
 
For errors involving new accounts, point -of-sale, or foreign -initiated 
transactions, we may take up to 90 days to investigate your complaint or 
question. Fo r new accounts, we may take up to 20 business days to 
credit your account for the amount you think is in error.  
 
We will tell you the results within three business days after completing 
our investigation. If we decide that there was no error, we will send  you a 
written explanation. You may ask for copies of documents that we used 
in our investigation.  
 
TOGGLE� FEATURE  
Commerce may add toggle� to any Qualified Commerce Visa or 
Mastercard  Credit Card Account.  
 
DEMAND DEPOSIT ACCOU NT 
You may link up to two (2) demand deposit accounts (each a � DDA �) to 
Your Qualified Commerce Credit Card Account for the use of the toggle� 
payment feature.  
 
If You link a Commerce DDA to Your Account, that DDA must be an 
open checking account. You must ha ve an ownership relationship to that 
DDA in order to link it to Your credit card Account. Any person using the 
Account and/or related Card(s) with the expressed or implied permission 
of any of the applicants ( �Authorized Users �) will have access to the 
linked DDA through the use of Your Account.  
 
Any DDA that has been designated by Commerce as having a 
garnishment, a closed -to-posting restriction, or has been forced to close 
by Commerce, will not be eligible to link to Your Account for the purpose 
of the t oggle� payment feature. Small Business banking accounts will not 
be eligible to link to Your Account for the purpose of the toggle� payment 
feature.  
 
If You link a non -Commerce DDA to Your Account, You must provide 
Commerce with the account number and the  routing information for that 
financial institution. Certain transaction restrictions may apply to such 
non-Commerce DDAs. Please refer to such bank �s terms and conditions 
of Your DDA for applicable fees, restrictions and/or limitations of Your 
DDA.  
 
PAYM ENT PREFERENCES  
�Payment Preferences � means the selection of a category, setting and/or 
amount you choose to determine if a credit card purchase is to be paid 
for from your linked DDA or if it is to remain a part of your credit card 
balance.  
 
PAY NOW�  
�Pay Now�� means a credit card purchase  that will be automatically paid 
for from Your DDA according to Your Payment Preferences. Any 
purchase made by You or an Authorized User with Your Account, will be 
paid for from the DDA that has been linked to Your Account, and in 
accordance with the Payme nt Preferences that have been selected by 
the applicants of the Account.  
 
When a toggle� credit is posted to your Account, we reserve the right to 
place a temporary hold on the available credit created by the toggle� 
credit. toggle� does not, nor is it intended to, shorten the time  frame in 
which your available credit is replenished after a p ayment to your 
Account.  
 
Purchases may take 1 -2 business days to post to Your Account following 
the date of Purchase. After the Purchase has posted to Your Account, an 
ACH may take 1 -2 business days to appear as a debit on Your DDA.  
 
Payments are not appli ed to the required minimum payment due on Your 
Statement each month. You will still have a required minimum payment     
 
  8 
 due each month, which will appear on Your Statement and will be 
subject to the terms of Your cardholder agreement.  
 
PAY LATER   
�Pay Later � means any Purchase that is made with Your Account that will 
not be automatically paid for from a DDA, and will become a part of your 
outstanding credit card balance.  
You may choose to use the Pay Later  feature for Your Purchases by 
choosing not to activ ate a specific Payment Preference, by deactivating 
a previously chosen Payment Preference, by cancellation of a linked 
DDA, or by the cancellation of the toggle� payment feature from Your 
credit card Account.  
 
UNWIND� 
�Unwind�� means the ability to return funds that were used to pay for a 
Purchase from You r DDA with the Pay Now� feature , and to have the 
original Purchase placed back on to Your Account.  
 
You will have up to 30 calendar days to use the Unwind� feature for a 
Pay No w� feature Purchase. When the Purchase posts back to Your 
Account, it will post with the original transaction date, and will be subject 
to interest charges according to the terms of Your Cardholder 
Agreement. We reserve the right to limit the total amount of your 
Unwind� feature requests from exceeding the available credit for Your 
Account.  
 
TOGGLE ON DEMAND � 
�toggle On Demand�� means any credit card purchase that You 
manually choose to be paid from either Your DDA or reward points after 
the transaction pos ts to Your Account.  
 
ACH RETURNS  
If an ACH payment request is returned for any reason, the original 
Purchase that initiated that ACH payment request will be posted back to 
Your Account and will be due according to the terms of Your Agreement.  
 
An ACH retu rn for any reason will result in the deactivation of any active 
Payment Preferences for the DDA that caused the return, and any other 
DDA that might share an active Payment Preference. Your Payment 
Preferences will remain deactivated until such time that y ou re -activate 
Your Payment Preferences.  
 
If Your Payment Preferences are not active, any pending and future 
Purchases that previously matched that Payment Preference, will post to 
Your Account and will not initiate an ACH payment request. These 
Purchases will become a part of your outstanding credit card balance 
with Commerce and will be due according to the terms of Your 
Agreement.  
 
If You have linked a Commerce DDA to Your Account, any ACH 
payment request that would result in an overdraft of Your DDA wil l be 
returned to Your Account, and no overdraft or insufficient funds fees will 
be assessed to You. If you have linked a non -Commerce DDA to Your 
Account, You may be assessed overdraft and/or insufficient funds fees 
according to that financial institution' s deposit agreement.  
 
toggle� ALERTS  
Commerce will use the email address provided by You at the time of the 
Account(s) or Card(s) opening to notify you of important changes in 
regard to the toggle� payment feature for Your Account. You will not be 
able to turn off these notifications. You agr ee that You are responsible 
for maintaining a valid email address and agree to notify us of any 
change in Your email address. You can change the email address for 
account notification at any time through Commerce Online Banking. 
Should delivery of the acco unt notification be unsuccessful, it remains 
Your responsibility to monitor Your toggle� Payment Preferences in a 
timely manner from Commerce Online Banking.  
 
GENERAL TERMS & COND ITIONS  
You must be enrolled in a Commerce Rewards Program in order to 
receive rewards for Your Purchases.  
 
Commerce reserves the right, in its sole discretion, to suspend, cancel or 
modify the toggle� payment feature at any time and for any reason and 
without pr ior notice.  
 
Commerce reserves the right, in its sole discretion, to add, delete, 
change or revise these toggle� Terms and Conditions including, but not 
limited to, qualifications for participation in toggle�.  
 
Commerce reserves the right, in its sole di scretion, to disqualify any 
Accountholder from participation in toggle� in cases of actual or 
suspected abuse, fraud, violations of these toggle� Terms and Conditions 
or any actual or suspected abuse or fraud with respect to the Account or 
DDA.  
 
Neither Commerce nor its third -party service providers, their respective 
employees, officers, affiliates or agents will be liable to You for any 
action or inaction any of them take or fail to take with respect to toggle� 
or any changes to these toggle� Terms and Conditions.  
 
All trademarks, service marks and trade names used by Commerce for 
toggle�, including the toggle� design are property of Commerce. No use 
of these may be made without the prior written authorization of 
Commerce.  
 
By using toggle�, You  agree to all of the toggle� features, limitations and 
restrictions contained in these toggle� Terms and Conditions as well as 
any additional terms and conditions contained in any programs, 
promotions or transactions that may be offered to You from time -to-time 
and any terms and conditions contained in any document issued to You 
by Commerce.  
 
This authorization is to remain in effect until Commerce has received 
electronic notice of termination from You. You may terminate toggle� 
electronically through Onli ne Banking, or by contacting us at 1 -800-645-
2103. Your notice must be sent in such time and manner as to afford 
Commerce Bank a reasonable opportunity to act upon the termination (but in no event less than three business days). Commerce reserves the 
right to decline or cancel toggle� service at any time.