MB Financial Bank, N.A. Secured Credit Card and Security Agreement 

This  Consumer  Credit  Card and  Security  Agreement  describes  the  terms  and  conditions  that  apply  to  your 
secured  consumer  credit  card  account  with  MB  Financial  Bank,  N.A.  (the  “Account”)  and  any  MasterCard® 
Secured Credit Card we provide for Account access. 

Basic Definitions 

The  words  “we,”  “us,”  “our,”  and  “MB  Financial  Bank”  mean  MB  Financial  Bank,  N.A.,  and  its  agents, 
authorized representatives, successors, and assignees. The words “you” and “your” mean each person (as an 
individual)  and  all  persons  (as  a  group)  who  apply  for  the  Account,  who  are  responsible  for  repaying  the 
Account, or on whose behalf we issue a  Card. An “Authorized User” means a person that you authorize or 
allow to use, access, or service a Card or the Account, but who is not directly responsible for repaying the 
Account. The terms “Card” and “MasterCard® Secured Credit Card” mean any card we issue associated with 
your  Account,  including  renewal  and  substitute  cards.  The  terms  “Card”  and  “MasterCard®  Secured  Credit 
Card”  also  means  any  other  access  device  that  allows  you  or  an  Authorized  User  to  obtain  Account  credit 
from  us,  including  your  Account  number.  Other  capitalized  terms  that  are  not  defined  here  are  generally 
defined the first time we use those terms. 

Overview of Account Agreement 

Our Account agreement with you (the “Agreement”) is contained in and governed by: 

(1)  this document, called the Consumer Credit Card and Security Agreement; 

(2)  all Account disclosures and terms provided to you before or when the Account is opened, including the 
terms  you  accepted  when  applying  for  the  Account,  disclosures  in  our  Credit  Card  Account  Opening 
Disclosures  (the  “Account  Opening  Disclosures”),  and  any  terms  we  provided  in  written  materials 
accompanying your Card; 

(3)  all other documents, disclosures and terms that relate specifically to your Account, including:  

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all rewards disclosures, if your Account has rewards; 

the Card benefits brochure that describes benefits provided by any 

  payment card network displayed on your Card (each, a “Payment Card Network”); 

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 

 

any  separate  terms  of  the  deposit  account  used  to  hold  any  security  deposit  funds  required  as 
security for your Account, subject to the Security Agreement section of this Agreement; 

the privacy notices we provide to you; 

the terms shown on periodic billing statements for your Account (each, a “Statement”); and 

(4)  any future changes we make to any of the above items, as permitted or required by applicable law. 

You agree that this Agreement becomes effective the first time you or an Authorized User uses any Card or 
the  Account.  You  also  agree  that  we  may  keep  and  use  an  image  or  copy  of  the Agreement  to  enforce  its 
terms against you. When the Agreement states we “may” take an action, it means we are authorized to take 
that action in our sole discretion, subject only to any limitations or requirements established by law and the 
express terms of the Agreement. Please read these materials carefully and keep them for future reference. 
We may make new offers to you in the future or forward offers from others that may interest you. If these 
offers have new or different terms, those terms will be provided with the offer. If you accept the offer, the 
previously disclosed terms in the Agreement will still apply, except as modified by the offer. 

Account Information We Need 

We need complete, current and valid information about you to manage your Account, including: your legal 

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name;  your  address(es);  your  telephone  number(s);  your  date(s)  of  birth;  your  employment  and  income 
information; and your Social Security number(s) or other government identification number(s). If we agree to 
issue additional Cards and add Authorized Users to your Account, we will need the same information about 
the  Authorized  User  to  manage  your  Account.  You  must  tell  us  when  this  information  changes.  You  may 
update your address as described on your most recent Statement, through the website we maintain for your 
Account, or by calling us at the telephone number shown on your most recent Statement or the back of your 
Card. We may require that you provide additional documents that are acceptable to us so that we can verify 
this  information  and  any  changes.  We  may  restrict  or  close  your  Account,  if  we  are  unable  to  verify  your 
information or you do not provide the additional information we request. 

Balance Categories of Your Account 

“Balance Categories” are the different Account segments we may establish with unique pricing, grace periods 
or other terms. The Balance Categories of your Account include Purchases, Cash Advances, Balance Transfers, 
and  Special  Offers.  We  reserve  the  right  to  decide  which  Balance  Category  applies  for  each  Account 
transaction and our decision will be final. 

A  “Purchase”  means  the  property,  rights,  goods  and services  we  allow  you  to purchase,  rent,  or  otherwise 
obtain directly from merchants and vendors by using your Card. 

A  “Cash  Advance”  means  a  loan  you  obtain  from  us  in  cash,  or  something  we  consider  to  be  a  cash 
equivalent, by using the Card or Account. For example, we consider wire transfers, travelers’ checks, money 
orders, foreign currency, lottery tickets, gaming chips, and wagers to be cash equivalents. 

A “Balance Transfer” means a balance we allow you to transfer to the Account from an account that you owe 
to another financial institution, by using any written, electronic, or telephonic device or method we approve 
for this purpose. 

A “Special Offer” means transactions and balances that post to your Account, subject to unique pricing, grace 
periods, or other terms we disclose from time to time for promotional and other reasons. Our Special Offer 
disclosures will explain when any unpaid Special Offer balances may be transferred to and combined with a 
different Balance Category after any temporary rate period ends. 

Your Promises To Us 

You  promise  to  do  everything  the  Agreement  requires  of  you,  as  long  as  your  Account  has  a  balance  or 
remains open. Each of you and all of you promise, individually and together, to pay us all amounts due on 
your Account, now and in the future. This includes amounts where you did not sign a purchase slip or other 
documents for the transaction. If you use your Card number without presenting your actual Card (such as for 
mail, telephone or Internet purchases), these transactions will be treated as if you used the Card in person. 
The amounts due on your Account include all transactions in each Balance Category made by any of you and 
any  Authorized  User,  plus  all  Fees  and  all  Interest  Charges,  as  described  in  this  Agreement.  Your  “Interest 
Charges” are the charges we add to your Account based on the Annual Percentage Rates we apply to your 
Account  balances.  Your  “Fees”  are  the  charges  we  add  to  your  Account  that  are  not  based  on  the  Annual 
Percentage Rates. If you allow someone else to use your Card, you are responsible for all transactions made 
by that person and all associated Fees and Interest Charges. If you die, your promise to pay us will apply to 
your estate, as permitted by law. 

Using Your Account and Card 

You and your Authorized Users may use your Card and the Account for making Purchases and for obtaining 
Cash Advances, Balance Transfers, and Special Offers, as permitted by this Agreement and applicable law. 

You agree to sign the Card immediately after you receive it. The Card is valid during the dates shown on the 
front.  The  Card is  our  property  and you  agree  to  return  it  to  us  or  destroy  it,  if  we  ask. You  agree  to  take 
reasonable steps to prevent the unauthorized use of your Card and Account. 

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We  are  not  responsible  to  you  if  someone  refuses  to accept  your  Card for  any reason.  We  may  reject  any 
transaction for any reason. We may limit the combined dollar amount or the total number of certain Account 
transactions, such as Cash Advances, allowed during a single day or other time periods. 

We  may  restrict  or  delay  the  availability  of  Account  credit,  to  protect  you  and  us  against  potential  fraud, 
unauthorized transactions, Account misconduct or misuse, or for other risk management reasons. We will not 
be liable to you if this happens. Except as otherwise required by applicable law or regulation, we will not be 
responsible for merchandise or services purchased or leased through use of any Card or the Account.   

You agree not to use, try to use, or permit use of the Card or Account for any Internet gambling transactions 
or any other transactions that are illegal or not permitted by us. Even if you do, you must still pay us for these 
transactions and they remain subject to all other terms of our Agreement. You must reimburse the Payment 
Card Network and us for all damages and expenses associated with these transactions. 

From  time  to  time,  Account  services  may  be  unavailable  to  you  and  your  Authorized  Users,  due  to 
circumstances  beyond  our  control,  such  as  system  failures,  fires,  floods,  natural  disasters  or  other 
unpredictable  events.  When  this  happens,  you  may  be  unable  to  use  your  Card  or  obtain  Account 
information. We will not be responsible or liable to you if this happens. 

Using a PIN 

We may give you a personal identification number (“PIN”). For security reasons, you may have to provide the 
PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to 
obtain cash from certain automated teller machines (“ATM”) or make Purchases at certain merchant point-
of-sale devices (“POS”). You may do these things if the ATM or POS requires entry of a PIN and displays the 
logo of the Payment Card Network on your Card. We will treat all ATM transactions as Cash Advances and all 
POS transactions as Purchases. Keep your PIN secure and do not write it down, give it to anyone, or keep it 
with your Card. If you lose your Card or believe someone has gained unauthorized access to your PIN, you 
must contact us immediately. 

Authorized Users 

We  may  limit  an  Authorized  User’s  ability  to  initiate  certain  transactions.  If  we  do,  we  will  tell  you  about 
these limitations before we add any new Authorized User on your Account. Once we add an Authorized User 
to  your  Account,  you  agree  we  may  discuss  your  Account  with  them  and  provide  them  with  Account 
information.  You  are  responsible  for  the  Authorized  User’s  use  of  the  Card  and  your  Account,  as  well  as 
anyone else that you or they allow to use your Card or Account. This will be true, even if you did not want, or 
agree to, the use. 

If you want to remove an Authorized User from the Account, you must contact us as provided on your most 
recent Statement and request their removal. We will have a reasonable amount of time after your request to 
research your Account information and remove an Authorized User. You must immediately destroy all Cards 
in the Authorized User’s possession and cancel all of their billing arrangements to the Account. We will not 
do this for you. During this time, you are still 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  at  any  time,  upon  request.  We  may  close  your  existing  Account,  or 
issue a new Card with a new Account number, after you remove an Authorized User. 

Statements and Billing Cycles 

The  documents  or  information  we  provide  after  each  Billing  Cycle  through  your  Statement  will  disclose 
important  information  about  your  Account,  including  your  Account  transactions,  payments,  Fees,  Interest 
Charges,  unpaid  balances  in  each  Balance  Category,  and  payment  requirements.  The  intervals  of  time 
between  your  regular  Statements  (each,  a  “Billing  Cycle”)  are  generally  equal (approximately 30  days),  but 
may  vary  slightly  in  length.  Your  first  Billing  Cycle  may  be  more  or  less  than  30  days.  You  must  pay  any 

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Minimum Interest Charge and any Fees due after your first Billing Cycle, even if it is for a period less than 30 
days. Your Statements disclose the specific length of each Billing Cycle. Your Account will continue to have 
Billing Cycles, even if a Statement is not required after any Billing Cycle.  

We will send a single Statement to you for all Cards on your Account, except when we are not required or 
permitted by law to send a Statement. We will send a Statement at the end of each Billing Cycle when your 
Account has a debit or credit balance of more than $0.01, if we have charged any Interest Charges to your 
Account, or as otherwise required by law.  

Disputed Transactions  

You must promptly inspect each Statement you receive and tell us about any errors or questions you have, as 
described  in  the  “Billing  Rights”  section  of  your  Statement  and  this  Agreement.  If  you  do  not  notify  us  as 
provided in these disclosures, we may assume that all information in the Statement is correct. If you dispute 
a transaction made by you or someone else on your Account, and we later credit your Account for all or part 
of the disputed amount, you agree to: 

(1)  Give us all of your rights against that other person; 

(2)  Give us any merchandise or other purchases you received in connection with the disputed amount, if 

we ask; 

(3)  Not pursue any claim or reimbursement from the merchant and other person; and 

(4)  Help  us  pursue  and  obtain  reimbursement  from  the  merchant  and  that  other  person,  by  promptly 
returning documents with any signatures we may request and otherwise providing us with reasonable 
cooperation. 

No Warranties 

Except as otherwise provided in the “Billing Rights” section of your Statements and this Agreement, we are 
not responsible for any claim you might have regarding the Purchases of goods or services made with your 
Card from any merchant or vendor. 

Lost or Stolen Cards; Unauthorized Use; Replacement Cards  

You must take reasonable steps to prevent the unauthorized use of your Card and Account. If you notice the 
loss or theft of your Card, or a possible unauthorized use of your Card, you should write to us immediately at 
the address provided on your Statement or call us at the telephone number provided on your Statement. You 
will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for 
unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50 (or any 
lesser amount required by law or as provided under the express terms of a benefit provided by a Payment 
Card Network). If we reimburse your Account for unauthorized charges made using your Card, you agree to 
help  us  investigate,  pursue  and  obtain  reimbursement  from  the  wrongdoer.  Your  help  includes  giving  us 
documents  that  we  ask  for  and  that  are  acceptable  to  us.    Unless  canceled,  a  Card  will  be  valid  until  the 
expiration date which is printed on the Card.  We may replace a Card at any time and we may continue to 
issue renewal or replacement Cards until you notify us to cancel the Account.   

Credit Limits 

We  will  disclose  information  about  your  Account  credit  limits  when  we  open  it.  Your  Statements  will  also 
disclose information about your Account credit limits. We may assign different credit limits for the different 
Balance Categories of your Account. For example, your credit limit for Cash Advances, Balance Transfers, or 
Special Offers may be lower than your credit limit for Purchases or the overall credit limit of your Account. 
We may raise, lower, restrict, or cancel your credit limit on any Balance Category or the Account at any time 
and for any reason, subject to any notices that are required by law. This will not affect your obligation to pay 
us.  You  are  responsible  for  keeping  track  of  your  Account  balances  and  available  credit.  You  agree  not  to 

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allow your Account to go over any credit limit. We may honor transactions above your credit limits, but, if we 
do, this will not increase your credit limit and you must pay us the full amount of these transactions. 

Balance Transfers 

We  may  allow  you  to  transfer  balances  to  the  Account  that  you  owe  to  other  creditors  or  financial 
institutions, up to the amount of your credit limit we make available for Balance Transfers. You may not ask 
us  to  process  a  Balance  Transfer  for  any  amount  you  already  owe  to  us  or  any  of  our  related  companies, 
unless we give you our express permission to do so. 

All Balance Transfers are subject to our approval. We will not process a Balance Transfer request we consider 
incomplete or illegible. You may use only the devices and methods we have approved for Balance Transfers. 
If  we  do  not  approve  the  full  amount  of  any  Balance  Transfer  you  request,  we  may  process  part  of  the 
amount you request as a Balance Transfer or decline the entire request. We are not liable to you if we do not 
process  part  or  all  of  any  Balance  Transfer  you  request.  We  may  make  Balance  Transfers  in  any  order  we 
choose. 

You  agree  not  to  request  a  Balance  Transfer  for  any  amount  that  is  or  may  be  the  subject  of  a  dispute 
between you and any other creditor or financial institution. If you do, you understand this may prevent you 
from exercising your dispute rights against other creditors and financial institutions. We are not liable to you 
for disputes you may have with other creditors and financial institutions. 

If  you  request  a  Balance  Transfer,  you  agree  to  monitor  your  other  accounts  and  continue  making  the 
minimum  payments  due  on  these  accounts  until  your  other  creditor  or  financial  institution  provides  an 
account statement that shows the balance of your other account has been paid in full. This may not happen 
until after the Balance Transfer appears on a Statement from us. You are liable for any late payments, finance 
charges  or  disputed  amounts  on  your  other  accounts.  If  you  want  your  other  accounts  closed  following  a 
balance transfer, you are responsible for instructing your other creditor or financial institution to do so. 

Security Agreement 

Your  duties  and  obligations  to  us  in  connection  with  your  Account,  any  Cards,  and  this  Agreement  are 
collectively  known  as  your  “Account  Obligations.”  We  require  and  you  agree  to  provide  us  with  security 
deposit funds in United States dollars as collateral and security for your Account Obligations, in an amount at 
least equal to the credit limit of your Account or any different amount we may require (the “Security Deposit 
Funds”). 

You  agree  that  your  Account  Obligations  shall  be  secured  by  any  Security  Deposit  Funds  we  maintain  or 
receive, at any time and from any source, as described in this Security Agreement section.  We will hold and 
maintain all Security Deposit Funds in a deposit account a MB Financial bank and any subsequent extensions 
renewals, or replacements of that deposit account (the “Security Deposit Account”). 

As security for your Account Obligations, you pledge, assign, and grant to us a security interest in the Security 
Deposit Account, in any Security Deposit Funds deposited or held at any time in the Security Deposit Account, 
and any instrument we may issue to evidence your Security Deposit Account or the Security Deposit Funds. 
You agree, irrevocably and unconditionally, to give up all possession and control over Security Deposit Funds 
in  the  Security  Deposit  Account.  You  pledge  and  assign  to  us,  irrevocably  and  unconditionally,  all  of  your 
rights, title, and interest in and to the Security Deposit Funds and the Security Deposit Account, as security 
for  your  Account  Obligations.  You  agree  to  take  any  actions  we  request  to  perfect  or  protect  the  first  lien 
position of our security interest in the Security Deposit Funds and the Security Deposit Account. 

We  will  maintain  separate  records  to  account  for  the  Security  Deposit  Funds  held  in  the  Security  Deposit 
Account.  The  interest  we  may  pay  on  Security  Deposit  Funds,  if  any,  shall  be  as  described  in  the  separate 
terms and conditions that apply to the Security Deposit Account. You agree that we are not required to pay 
any interest on Security Deposit Funds held in the Security Deposit Account, unless we have expressly agreed 

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to  do  so  in  separate  terms  and  conditions  that  specifically  apply  to  the  Security  Deposit  Account.  If  any 
interest is earned on Security Deposit Funds, you agree that we shall add that interest to the Security Deposit 
Account as proceeds to secure your Account Obligations, regardless of any terms to the contrary that may 
appear in the separate terms of the Security Deposit Account. 

Security Deposit Funds held in the Security Deposit Account will be insured by the Federal Deposit Insurance 
Corporation  (“FDIC”),  to  the  extent  permitted  by  law.  You  and  we  agree  that  you  will  retain  beneficial 
ownership of the Security Deposit Funds held in the Security Deposit Account for purposes of FDIC insurance, 
subject  to  our  possession  of  and  security  interest  in  the  Security  Deposit  Funds  and  the  Security  Deposit 
Account. 

Any  default  by  you  under  this  Agreement,  including  any  failure  to  pay  Account  Obligations  when  due,  will 
also  make you  in  default  of  this  Security  Agreement  section.  If  you  are  in  default of  the Agreement  at  any 
time,  you  authorize  us  to  withdraw  Security  Deposit  Funds  from  the  Security  Deposit  Account  and  apply 
those Security Deposit Funds to pay your Account Obligations, without the need to send you any additional 
notices or demand for payment, except to the extent we are expressly required to do so by applicable law. 
Our rights in this Security Agreement section are in addition to all of the other rights we have under law and 
this Agreement. 

You agree that you have no right to withdraw Security Deposit Funds from the Security Deposit Account at 
any  time.  We  may,  at  our  option,  allow  you  to  deposit  additional  Security  Deposit  Funds  to  the  Security 
Deposit Account, to increase the credit limit of your Account. If you request a decrease in the credit limit of 
your Account, you understand and agree that we may hold Security Deposit Funds in excess of your Account 
credit  limit  for  as  long  as  we  consider  appropriate  or  necessary.  You  may  not  withdraw  Security  Deposit 
Funds  or  request  a  refund of  Security  Deposit  Funds  at  any  time,  except  to  the  extent  you  pay  all  of  your 
Account Obligations to us in full and close your Account. 

We may, in our sole discretion, elect to return part or all of the Security Deposit Funds to you and make your 
Account partially secured or unsecured. If your Account is a joint Account, you understand and agree that we 
may  release  Security  Deposit  Funds  as  instructed  by  any  one  of  you,  without  liability  to  any  other  person 
responsible for the Account. The notice we give to any of you will be considered as notice to all of you. 

If you or we close your Account for any reason, or if you are in default of your Account Obligations, you agree 
that we may apply the Security Deposit Funds in payment your outstanding Account Obligations. Within sixty 
(60) days after we apply Security Deposit Funds in payment of your Account Obligations, we will return any 
excess  Security  Deposit  Funds  to  you.  If  you  have  any  Account  Obligations  that  remain  outstanding  or 
become  due  after  we  apply  the  Security  Deposit  Funds,  you  agree  to  pay  those  Account  Obligations 
immediately and in full, as required by this Agreement. 

If  your  Account  becomes  subject  to  bankruptcy  proceedings,  we  will  treat  the  Security  Deposit  Funds  as 
required  by  the  law  that  governs  those  bankruptcy  proceedings.  If  you  become  a  debtor  in  a  bankruptcy 
proceeding, you agree to recognize us as a perfected secured creditor with respect to the Security Deposit 
Account  and  to  declare  the  Security  Deposit  Account  as  exempt  property  pursuant  to  the  United  States 
Bankruptcy Code or applicable state exemption laws. 

You agree that there are no current disputes, lawsuits or bankruptcy proceedings that might affect our rights 
to and interest in the Security Deposit Funds. You agree that you shall not attempt to transfer any interest in 
the Security Deposit Funds to any party other than us or offer the Security Deposit Funds as security for any 
obligations  other  than  your  Account  Obligations.  If  your  Account,  the  Security  Deposit  Account,  or  the 
Security  Deposit  Funds  become  involved  in  any  legal  proceeding,  you  understand  and  agree  that  we  may 
restrict access to all of the Security Deposit Funds held in the Security Deposit Account until we determine 
that the matter is fully resolved. 

Interest Charges 

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We will charge Interest Charges to your Account as shown in the Agreement, including your Account Opening 
Disclosures and Statements. We figure the Interest Charges on your Account by applying a Daily Periodic Rate 
to an “Average Daily Balance” of each Balance Category in your Account. To get the “Average Daily Balance,” 
we  take  the  beginning  balance  of  your  Account  each  day  (including  any  previously  billed  and  unpaid 
transactions, Interest Charges and Fees), add any new Fees and Account transactions (including Purchases, 
Cash  Advances,  Balance  Transfers,  Special  Offers,  or  debit  adjustments),  and  then  subtract  any  unbilled 
Interest  Charges  and  any  payments  or  credits.  This  gives  us  the  “Daily  Balance”  in  each  Balance  Category. 
Then, we add up all the Daily Balances in each Balance Category for the Billing Cycle and divide the total by 
the number of days in the Billing Cycle. This gives us the “Average Daily Balance.” Your Statements disclose 
the “Average Daily Balance” of each Balance Category as the “Balance Subject To Interest Rate.” 

Interest Charges begin to accrue from the earlier of the date of the transaction, the date the transaction is 
processed and first posts to your Account, or the first day of the Billing Cycle, except as prohibited by law or 
as otherwise described in the Agreement. Interest Charges accrue on each unpaid amount until it is paid in 
full. Billed and unpaid Interest Charges are added to the proper Balance Category of your Account. 

There is no grace period during which you can avoid Interest Charges on Cash Advances or Balance Transfers. 
We  will  not  assess  Interest  Charges  during  a  Billing  Cycle  for  any  new  Purchases  made  during  that  Billing 
Cycle,  if  you  pay  the  previous  month’s  New  Balance  in  full  by  its  payment  due  date  or  if  your  previous 
month’s New Balance was zero or a credit amount. Each month that you pay your “New Balance” in full by 
the payment due date, you will have a minimum grace period of 25 days with no Interest Charges on all new 
Purchases made during a Billing Cycle. If you have been paying your Account in full with no Interest Charges 
applied  to  Purchases,  and  you  do  not  pay  the  next  New  Balance  of  your  Account  in  full,  we  will  assess 
prorated Interest Charges on the unpaid balance of your Purchases, as permitted or required by law. There is 
no  grace  period  on  any  new  Purchase  transaction  when  there  is  an  unpaid  balance  from  a  previous 
Statement. A Special Offer transaction is not subject to a grace period, unless the terms we provided with the 
Special Offer expressly state that these transactions are subject to a grace period. 

To determine the “Daily Periodic Rate” that applies to each Balance Category, we divide the corresponding 
Annual Percentage Rates by the number of days in a year. The resulting Daily Periodic Rate is carried three 
places  past  the  decimal  point  and  the  last  digit  is  rounded.  We  calculate  your  total  Interest  Charges  by 
multiplying  the  Average  Daily  Balance  of  each  Balance  Category  by  its  Daily  Periodic  Rate  and  then 
multiplying the result by the number of days in the Billing Cycle. This calculation may vary slightly from the 
Interest Charges we actually charge after a Billing Cycle, due to the effects of rounding or as a result of any 
Minimum Interest Charge that applies. 

Your Account Opening Disclosures disclose the Daily Periodic Rates and the corresponding Annual Percentage 
Rates that apply to each Balance Category. Your Account Opening Disclosures disclose the Minimum Interest 
Charges that will be due if any Balance Category of your Account is subject to Interest Charges after a Billing 
Cycle.  Your  Account  Opening  Disclosures  also  disclose  which  Annual  Percentage  Rates  and  Daily  Periodic 
Rates may vary from Billing Cycle to Billing Cycle, based on changes to a published index rate. These Account 
Opening  Disclosures  identify  the  index rate  we  use,  and  the  different  margins  we add to  the  index  rate  to 
determine  the  variable  Annual  Percentage  Rates.  If  the  Daily  Periodic  Rates  and  corresponding  Annual 
Percentage Rates increase with changes to the index rate, then your Interest Charges will increase and your 
Minimum Payment Due may also increase. 

Fees 

You must pay the following Fees we charge to your Account, in the amounts shown on your Account Opening 
Disclosures, shown in this Agreement, or disclosed to you at the time you ask us to provide particular services 
to you or on your behalf. 

Revised August 2015 

7 

 
Annual Fee:  We may charge you this Fee for making the Account available and issuing Cards to you and your 
Authorized Users.  We will post and treat this Fee as a Purchase transaction. 

Late Payment Fee: We may charge you this Fee if we do not receive your payment in time to credit it by the 
due date shown on your Statement. We will post and treat this Fee as a Purchase transaction. 

Returned Payment Fee: We may charge you this Fee each time any payment you make to us is not paid by 
your financial institution for any reason, even if that institution later pays it. We will post and treat this Fee as 
a Purchase transaction. 

Cash Advance Fee: We may charge you this Fee each time you obtain a Cash Advance. We will post and treat 
this Fee as a Cash Advance transaction. 

Balance Transfer Fee: We may charge you this Fee each time you obtain a Balance Transfer. We will post and 
treat this Fee as a Balance Transfer transaction. 

Copying Fee: We may charge you a Fee of $10.00 for each copy of a transaction document or a Statement 
you  request,  unless  they  are  required  to  resolve  a  billing  dispute.  We  will  post  and  treat  this  Fee  as  a 
Purchase transaction. 

Fees for Faster Payment Services: We may make services available that allow you to make faster payments 
through a customer service representative using a telephone, the Internet or other payment system. We will 
describe  the  terms  for  using  these  services  before  you  use  them.  You  do  not  have  to  use  these  other 
payment services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the 
Fee  at  the  time  you  request  the  service.  We  are  not  responsible  if  a  payment  made  using  our  payment 
services is rejected or not paid. Even if it is, we may still keep the Fee. We will post and treat these Fees as a 
Purchase transaction. 

Foreign Transaction Fee: We may charge you this Fee each time you make a transaction in a foreign currency 
or make a transaction in a country outside the United States. This Fee will post to the same Balance Category 
as the transaction (for example, as a Purchase or Cash Advance), and be treated as other transactions that 
post to this Balance Category. 

Transactions Made in Foreign Currencies 

If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar 
amount. The Payment Card Network will use its currency conversion procedures in effect when it processes 
the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on 
the transaction or posting date. We do not currently adjust the currency exchange rate. 

Minimum Payments 

Unless an event of default occurs as described in the “Account Default” section below and we require you to 
make  immediate  payment  of  your  entire  Account  balance,  the  “Minimum  Payment  Due”  after  each  Billing 
Cycle is the greater of: (1) all accrued and unpaid Interest Charges, plus all accrued and unpaid Fees, plus all 
past due amounts, plus any amount by which your Account balance exceeds a credit limit, plus one percent 
(1%) of the remaining New Balance of your Account; or (2) $35.00 (or the entire New Balance, if less than 
$35.00). Your Statements will provide instructions for making payments, including the amount due and the 
due date for receiving your payment. Your Statement will also disclose the Minimum Payment Due. To avoid 
a  Late  Payment  Fee,  you  must  pay  us  at  least  this  Minimum  Payment  Due  by  the  due  date  shown  on  the 
Statement. 

In addition to the Minimum Payment Due, you may pay all or part of the total balance of your Account at any 
time. You must still pay at least the Minimum Payment Due after each Billing Cycle, even if you paid more 
than the  Minimum  Payment  Due  in  connection  with  the  previous  Billing  Cycle.  We  will continue  to  charge 
Interest  Charges  during  Billing  Cycles  when  you  carry  a  balance,  regardless  of  whether  your  Statement 

Revised August 2015 

8 

includes a Minimum Payment Due. 

Making Payments 

Your payments to us must be in U.S. dollars from a U.S. deposit account and must otherwise be acceptable to 
us.  We  do  not  accept  cash  payments  through  the  mail.  You  may  not  make  Account  payments  with  funds 
borrowed  from  your  Account  or  any  other  credit  account  with  us  or  any  affiliate  within  our  family  of 
companies. You agree to follow the payment requirements we disclose on Statements from time to time. You 
must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our 
agents. We will apply a payment to your Account on the day we receive it, if: 

(1)  you send the payment coupon included with your Statement in the same envelope with your payment; 

(2)  you include your Account number on your payment; and 

(3)  your payment arrives at the address indicated on the payment coupon in our processing center by the 

time indicated on your Statement. 

If your due date occurs on a day on which we do not receive payments, any payment received the next day 
that conforms to the above requirements will not be treated as late. Please allow  at least five (5) days for 
postal  delivery.  Unless  we  or  our  agents  specifically  instruct  you  to  remit  payment  in  a  different  manner, 
payments received at any other location or in any other form may not be applied for up to five (5) days. This 
may cause you to be charged Late Payment Fees and additional Interest Charges. 

If you give your Account number or other Account information to someone else to make a payment for you, 
we may provide Account information to them and process their payment as if you made it. We may refuse to 
accept any payment made by someone else for your Account. If we accept a payment made by someone else 
for your Account, you will be responsible for the payment made, even if that payment is rejected or not paid. 

How We Apply Your Payments 

We  apply  your  payment  of  a  Minimum  Payment  Due  to  Balance  Categories with  lower  Annual  Percentage 
Rates before Balance Categories with higher Annual Percentage Rates. We apply any portion of a payment 
that exceeds your Minimum Payment Due to Balance Categories with higher Annual Percentage Rates before 
Balance Categories with lower Annual Percentage Rates, except as otherwise required by law. 

Payment Processing 

We  may  accept  and process  payments  without  losing  any  of  our  rights.  Even  if we  credit  your  payment  to 
your Account, your available credit limit may not be restored until the later of ten (10) business days after we 
receive  your  payment  or  we  confirm  that  your  payment  has  cleared.  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. 

An “Item” means a check, draft, money order or other negotiable instrument you use to pay your Account. 
This includes any image of these instruments. When you provide an Item as payment, you authorize us either 
to use information from your Item to make a one-time electronic fund transfer from your deposit account or 
to  process  the  payment  as  a  check  transaction.    When  we  use  information  from  your  Item  to  make  an 
electronic funds transfer, funds may be withdrawn from your deposit account as soon as the same day your 
payment is received and you will not receive your Item back from your financial institution. You may contact 
us  and  ask  that  we  not  process  your  future  Items  in  this  way.  If  we  process  the  payment  as  a  check 
transaction, you understand and agree that we may convert your Item into an electronic image that can be 
collected  from  your  depository  institution  as  a  substitute  check.  We  will  not  be  responsible  if  an  Item  you 
provide has physical features that, when imaged, result in it not being processed as you intended. 

Items with Restrictive Words, Conditions or Instructions 

All Items that have restrictive words, conditions, limitations or special instructions added (including Items 

Revised August 2015 

9 

marked with the words “Paid in Full” or similar language), and all accompanying communications must be 
mailed to and received at: MB Financial Bank, N.A, Attn: Credit Card Services, P.O. Box 84032, Columbus, 
GA  31908. If you make your payment or send any accompanying communications to any other address, we 
may accept and process the payment, without losing any of our rights. 

Credit Balances 

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. We may reduce the 
amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on 
your  Statement  and  request  a  refund  of  any  available  credit  balance.  If  you  contact  us  in  writing,  we  will 
refund  your  credit  balance  within  seven  (7)  business  days  from  our  receipt  of  your  written  request.  A 
business  day  means  any  day  in  which  our  offices  are  open  for  the  processing  of  Account  payments  and 
credits. 

Account Default 

We may consider you in default of your Agreement with us if: 

(1)  you do not make any payment when it is due; 

(2)  any payment you make is rejected, not paid or cannot be processed; 

(3)  you exceed a credit limit; 

(4)  a bankruptcy or other insolvency proceeding is filed by or against you; 

(5)  you die or are legally declared incompetent or incapacitated; 

(6)  we  determine  that  you  made  a  false,  incomplete  or  misleading  statement  on  any  of  your  Account 

documentation, or you otherwise tried to defraud us; 

(7)  you do not comply with any term of this Agreement or any other agreement with us;  

(8)  you permanently reside outside the United States; or 

(9)  we believe you may be unwilling or unable to pay your debts on time.  

For certain actions, including changing the Interest Charges and Fees on your Account, our options appear in 
the Account Opening Disclosures we provided when opening your Account. We may apply a Penalty APR to 
all Account balances and any new Account transactions, if you do not pay the full amount of any Minimum 
Payment Due within sixty (60) days of its payment due date. If your Annual Percentage Rates are increased 
for  this  reason,  the  Penalty  APR  will  apply  indefinitely,  unless  you  make  six  (6)  consecutive  Minimum 
Payments  Due  by  their  respective  due  dates,  beginning  with  the  first  payment  due  after  the  Penalty  APR 
takes effect. 

Paying the Interest Charges and Fees charged in connection with a default will not, by itself, cure the default. 
If you are in default, we may take the following actions without notifying you, unless the law says that we 
must notify you: 

(1)  close or suspend your Account; 

(2)  lower your credit limits; 

(3)  increase your Minimum Payment Due; 

(4)  demand  that  you  immediately  pay  the  entire  balance  owing  on  your  Account  (for  example,  as 

described in the Minimum Payment section); 

(5)  continue to charge you Interest Charges and Fees as long as your balances remain outstanding; 

Revised August 2015 

10 

(6)  exercise rights and remedies set forth above in the Security Agreement section; and/or 

(7)  pursue any other action against you that the law allows, which includes the filing of a lawsuit against 

you. 

You agree to pay us all of our collection expenses, attorneys’ fees, and court costs, unless the law does not 
allow us to collect these amounts. 

Communications 

We may contact you from time to time about your Account. We may contact you in any manner we choose, 
unless the law says that we cannot. For example, we may: 

(1)  contact you by mail, telephone, email, fax, recorded message, text message or personal visit; 

(2)  contact you using an automated dialing or similar device (“Autodialer”); 

(3)  contact you at your home and at your place of employment; 

(4)  contact you on your mobile telephone; 

(5)  contact you at any time, including weekends and holidays; 

(6)  contact you with any frequency; 

(7)  leave recorded and other messages on your answering machine/service and with others; and 

(8)  identify ourselves, your relationship with us, and our purpose for contacting you, even if others might 

hear or read it. 

Our  contacts  with you  about  your  Account  are  not  unsolicited  and  may  result  from  information we  obtain 
from you or others. We may monitor or record any conversation or other communication with you. Unless 
the law prohibits us from doing so, we may modify or suppress caller identification and similar services, and 
identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile 
telephone number, we may contact you at this number using an Autodialer and can also leave recorded and 
other messages. We may do these things, whether we contact you or you contact us. 

If  you  ask  us  to  discuss  your  Account  with  someone  else,  you  must  provide  us  with  documents  and 
authorization that we ask for and that are acceptable to us. 

Credit Reports 

We may provide information about you and the Account to consumer credit reporting agencies. We may also 
provide information about you and the Account to others as described in our Privacy Notices. Information we 
provide  might  appear  on  credit  reports  about  you  and  Authorized  Users.  This  could  include  negative 
information,  if  you  do  not  comply  with  the  terms  of  this  Agreement.  We  may  obtain  and  use  credit  and 
income information about you from consumer credit reporting agencies and others as the law allows. 

If you believe we have reported inaccurate information about you to a credit reporting agency, notify us in 
writing at: MB Financial Bank, N.A., Attn: Credit Card Services, 6111 N. River Road, Rosemont, IL 60018.  In 
doing  so,  identify  yourself,  your  Account,  the  information  you  believe  is  inaccurate,  and  tell  us  why  you 
believe  the  information  is  incorrect.  If  you  have  supporting  documents  or  information, such as  a  copy  of  a 
credit  report  that  includes  information  you  believe  is  inaccurate,  send  us  the  supporting  documents  and 
information, too. 

Closing or Suspending Your Account 

You may ask us to close your Account by calling or writing us as described on your Statement. If you do, we 
may  provide  you  with  additional  details  about  this  process  and  request  certain  information  from  you, 

Revised August 2015 

11 

 
including payment information. If you use your Card or charges post to your Account after you ask us to close 
it, we may keep your Account open or reopen it. 

We may close or suspend your Account and your right to obtain credit from us. We may do this at any time 
and for any reason, as permitted by law, even if you are not in default. A suspension of your Account might 
be permanent or temporary. 

If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel 
all recurring charges or similar billing arrangements connected with the Account. We will not do this for you. 
If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all 
amounts  you  owe  on  the  Account,  even  if  these  amounts  are  charged  after  your  Account  is  closed  or 
suspended. 

Changes to Your Agreement 

You  may  not  change  the  Agreement,  unless  one  of  our  authorized  officers  expressly  agrees  to  do  so  in  a 
signed  writing.  We  may,  at  any  time,  add,  delete  or  change  any  term  of  this  Agreement,  unless  the  law 
prohibits us from doing so. We will give you any notice and wait any time period required by law before the 
changes take effect. If we notify you of changes, we will send you a separate notice or inform you  on your 
Statement. We may send this notice to you electronically, as permitted by law. Our notice will tell you when 
and how the changes will take effect and describe any rights you have in connection with the changes. 

All of the variable Annual Percentage Rates of your Account can go up or down in each Billing Cycle, as the 
published index for these rates goes up or down. If we increase your Interest Charges for any other reason, 
we  will  notify  you  in  writing.  If  we  increase  your  Fees  or  change  other  significant  Account  terms,  we  will 
notify you in writing and inform you of your options, including any right to reject these changes. 

We may increase your Interest Charges for new Account transactions and your Fees after the first year of the 
Account.  We  may  change  any  other  terms  of  your  Account  at  any  time,  after  giving  you  any  notice  and 
waiting any period of time required by law. Also, if you do not pay the full amount of any Minimum Payment 
Due within 60 days of its payment due date, we may increase your Interest Charges to a Penalty APR that will 
apply  to  all  of  your  Account  balances  and  any  new  Account  transactions  we  permit.  If  we  increase  your 
Interest  Charges  for  this  reason,  the  Penalty  APR  will  apply  indefinitely,  unless  you  make  6  consecutive 
minimum payments when due, beginning with the first minimum payment due after the Penalty APR takes 
effect. The Account Opening Disclosures describe the amount of the Penalty APR. 

The Law that Applies to Your Agreement 

We make decisions to grant credit and issue you a Card from our offices in Illinois. This Agreement will be 
interpreted using Illinois law. Federal law will be used when it applies. You waive any applicable statute of 
limitations,  as  the  law  allows.  Otherwise,  the  applicable  statute  of  limitations  period  for  all  provisions  and 
purposes  under  this  Agreement  (including  the  right  to  collect  debt)  will  be  the  longer  of  the  time  period 
provided by Illinois law or the law of the jurisdiction where you live. If any part of this Agreement is found to 
be unenforceable, the remaining parts will remain in effect. 

Waiver 

We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For 
example, we may waive your Interest Charges or Fees without notifying you and without losing our right to 
charge them in the future. We may always enforce our rights later and may take other actions not listed in 
this  Agreement  if  the  law  allows  them.  You  do  not  have  to  receive  notice  from  us  of  any  waiver,  delay, 
demand or dishonor. We may proceed against you before proceeding against someone else. 

Revised August 2015 

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Assignment 

This  Agreement  will  be  binding  on,  and  benefit,  any  of  your  and  our  successors  and  assigns.  You  may  not 
transfer your Account or your Agreement to someone else without our written permission. We may transfer 
your Account and this Agreement to another company or person at any time, without your permission and 
without prior notice to you. If we do, they will take our place under this Agreement. You must pay them and 
perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have 
transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. 
This includes returning the payment to you or forwarding the payment to the other company or person. 

Amendments  

We  reserve  the  right  to  amend  this  Agreement  at  any  time,  by  adding,  deleting,  or  changing  provisions  of  this 
Agreement.  All amendments  will comply with the applicable notice requirements of federal and Illinois law that 
are in effect at that time. 

The reasons we may amend this Agreement include the following: 

(1)  Changes in regulation or legislation, or a change in the interpretation of a regulation or legislation. 

(2)  Changes  related  to  your  individual  credit  history,  such  as:  your  risk  profile,  your  payment  or  transaction 
patterns, balance patterns, the utilization levels of this and other accounts, credit bureau information including the 
age, history and type of other accounts, and the measure of risk associated with each. 

(3)  Changes to overall economic and market trends, product design, and business needs.   

Your Billing Rights: Keep This Document For Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If you think there is an error on your statement, write to us at: 

Card Services 

P.O. Box 84032 

Columbus, Georgia 31908-4032 

In your letter, give us the following information: 

  Account information: Your name and account number. 

  Dollar amount: The dollar amount of the suspected error. 

  Description of problem: If you think there is an error on your bill, describe what you believe is wrong 

and why you believe it is a mistake. 

You must contact us: 

  Within 60 days after the error appeared on your statement. 

  At least 3 business days before an automated payment is scheduled, if you want to stop payment on 

the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to 
investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter  

When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell 

Revised August 2015 

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you if we have already corrected the error. 

2.  Within  90  days  of  receiving  your  letter,  we  must  either  correct  the  error  or  explain  to  you  why  we 

believe the bill is correct. 

While we investigate whether or not there has been an error: 

  We cannot try to collect the amount in question, or report you as delinquent on that amount. 

  The charge in question may remain on your statement, and we may continue to charge you interest on 

that amount. 

  While you do not have to pay the amount in question, you are responsible for the remainder of your 

balance. 

  We can apply any unpaid amount against your credit limit.  

After we finish our investigation, one of two things will happen: 

 

 

If we made a mistake: You will not have to pay the amount in question or any interest or other fees 
related to that amount. 

If  we  do  not  believe  there  was  a  mistake:  You  will  have  to  pay  the  amount  in  question,  along  with 
applicable  interest  and  fees.  We  will  send  you  a  statement  of  the  amount  you  owe  and  the  date 
payment  is  due.  We  may  then report  you  as  delinquent  if  you  do  not  pay  the  amount  we  think you 
owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us 
that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you 
are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and 
we must let those organizations know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question 
even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 
tried  in  good  faith  to  correct  the  problem  with  the  merchant,  you  may  have  the  right  not  to  pay  the 
remaining amount due on the purchase. 

To use this right, all of the following must be true: 

1.  The  purchase  must  have  been  made  in  your  home  state  or  within 100  miles of  your  current  mailing 
address, and the purchase price must have been more than $50. (Note: Neither of these are necessary 
if your purchase was based on an advertisement we mailed to you, or if we own the company that sold 
you the goods or services.) 

2.  You  must  have  used your  credit  card  for  the  purchase.  Purchases  made with cash advances from  an 

ATM or with a check that accesses your credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 

Card Services 

P.O. Box 84032 

Revised August 2015 

14 

 
Columbus, Georgia 31908-4032 

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. 

Revised August 2015 

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