EMBLEM® MASTERCARD®
SUMMARY OF TERMS
CREDIT CARD PROGRAM
Interest Rates and Interest Charges
Fees
BANK CREDIT CARD AGREEMENT
Annual
19.99%
Annual Fee**
None (Initial 1 year from original card
EMBLEM
(NY Residents: RETAIL INSTALMENT CREDIT
Percentage
issuance date)
AGREEMENT)
Rate (APR)
$45 (After 1 year from original card
3456
Nonnegotiable Consumer Note
for
issuance date)
Purchases
Transaction
This Bank Credit Card Agreement ("Agreement") controls the use
IMPORTANT INFORMATION:
of your EMBLEM MasterCard bank credit card account
APR for
21.99%
Fees
("Account"). Read it and keep it for your reference. Except as
Cash
Balance
None
otherwise provided in this Agreement and subject to applicable
Advances
Transfer
CONSUMER IDENTIFICATION PROGRAM
law, this Agreement may be changed at any time beginning
and
Cash
twelve (12) months after Account opening in accordance with the
Up to 5% of the amount of each cash
NOTICE (Important Information About Procedures for
Change of Terms paragraph in the OUR RIGHTS AND HOW
Balance
Advance
Transfers
advance (maximum fee; $50);
Opening a New Account)
THEY AFFECT YOU section of this Agreement. This Agreement
Foreign
also includes an Agreement to Arbitrate with a right to reject
1% of each foreign transaction in U.S.
Penalty
24.99%
Transaction
arbitration. See "ARBITRATION PROVISION (AGREEMENT TO
dollars
BANK CREDIT CARD AGREEMENT
ARBITRATE CLAIMS)" below. In this Agreement, the words
APR and
SUMMARY OF TERMS
"you," "your," and "Cardholder" refer to all persons who were
When it
This APR may be applied to your account if you
Penalty Fees
expressly approved by us to use the Account. The words "we,"
AGREEMENT TO ARBITRATE CLAIMS
Applies
do not pay the required minimum payment by
Late
Up to $25 (varies by state; see below)
"us." and "our" refer to Mid America Bank & Trust Company
its due date for two consecutive billing cycles.
located in Dixon, MO, our successors and assigns. The words
Payments
(Including the Right to Reject Arbitration at
"Card" or "Cards" refer to the credit card that we issue to you.
How long will the Penalty APR apply? If
Returned
Account Opening)
Up to $25 (varies by state; see below)
The word "Account" means an individual or joint credit card
your APRs are increased for the reason stated
Payment
STATE NOTICES
account. The use of your Account number to obtain credit will be
considered a use of the Card. The following items are now
above, the Penalty APR will apply until you
Billing Rights: Information on your rights to dispute transactions
BILLING RIGHTS NOTICE
incorporated into this Agreement and made a part of this
make six consecutive minimum payments
and how to exercise those rights is provided at the end of this
Agreement:
when due.
document.
(1) Any application, acceptance certificate or other written
How We Will Calculate Your Balance: We use a method called
document (including an electronic record) that you originally
How to
Your due date is at least 25 days after the
"average daily balance (including new purchases). See Details
signed or submitted in any way for this Account (your
Avoid
close of each billing cycle. We will not charge
below.
"Application");
Paying
you any interest on purchases if you pay your
Periodic Rates with Corresponding APRs
(2) The Card and card carrier that we send with your Card; and
Interest
(3) Your signature (including any electronic or digital signature)
entire balance by the due date each month.
Purchase
Cash Advance
Penalty
on any Application, sales slip or other evidence of indebtedness
There is no time period within which to avoid
Periodic Rate
Periodic Rate
Periodic Rate
on your Account.
finance charges on Cash Advances
1.6658%
1.8325%
2.0825%
CUSTOMER IDENTIFICATION
Minimum
If you are charged interest, the charge will not
(corresponding
(corresponding APR
(corresponding APR
PROGRAM
Interest
be less than $2.50.
APR of 19.99%)
of 21.99%)
of 24.99%)
IMPORTANT INFORMATION ABOUT PROCEDURES FOR
Charge
OPENING A NEW ACCOUNT
Penalty Rate: If we do not receive your required minimum
For Credit
To learn more about factors to consider
To help the government fight the funding of terrorism and money
payment within 60 days of its due date, your Purchase and Cash
laundering activities, Federal law requires all financial institutions
Card Tips
when applying for or using a credit card,
Advance rates may increase to the Penalty Rate. The Penalty
to obtain, verify, and record information that identifies each
from the
visit the website of the Consumer Financial
APR will cease to apply if we receive six consecutive minimum
person who opens an account. What this means for you: When
Consumer
Protection Bureau at
monthly payments on or before their respective payment due
you open an account, we will ask for your name, street address,
dates beginning with the first payment due date following the
Financial
mailing address, date of birth, and other information that will allow
http://www.consumerfinance.gov/learnmore/
effective date of the increase.
us to identify you. We may also ask to see your driver's license
Protection
Effective Date of This Agreement: This Agreement begins on
or other identifying documents.
Bureau
the earlier of (i) the date that your request for a Card and Account
is approved by us or (ii) the first date that we extend credit to you
on your Account, as evidenced by a signed sales slip or
memorandum, a cash advance or balance transfer transaction, or
otherwise (in NY, the first date that you sign a sales slip or
memorandum).
Signature; Acceptance of This Agreement: You agree that
any action taken by you in activating your Card, making a
M-XXXXXX
payment on your Account or initiating any transaction on your
amount or (b) any amount by which your New Balance exceeds
the applicable Monthly Periodic Rate from the date of each
without losing any of our rights under this Agreement. All
Account will constitute your signature on this Agreement.
your Credit Limit.
transaction and will continue to accrue on unpaid balances as
notices and written communications concerning postdated
Your Credit Limit: You agree not to use your Account in any
If your New Balance is less than your Minimum Payment, your
long as they remain unpaid. There is no time period within which
checks, restricted endorsement checks (including any check
way that would cause you to go over the maximum amount of
New Balance is due in full.
to pay to avoid periodic Interest charges on Cash Advances. The
or other payment instrument that indicates that the payment
credit available to you at the moment you initiate a transaction on
You may pay any or all of the amounts you owe at any time
minimum FINANCE CHARGE you will be required to pay in any
constitutes "payment in full" of the amount owed or that is
your Account (your "Credit Limit"). We may refuse to authorize or
without penalty. You must pay at least the Minimum Payment
billing cycle that has Finance Charge due is $2.50.
tendered with other conditions or limitations or as full
accept any transaction on your Account that would cause you to
within 25 days of the Closing Date of the Billing Cycle (shown as
ACCOUNT FEES: The fees and charges that may be applied to
satisfaction of a disputed amount) or any other disputed,
exceed your Credit Limit. We may temporarily agree to allow you
the "Payment Due Date" on your statement).
your Account are set forth in the Summary of Terms above.
nonconforming or qualified payments, must be mailed or
to exceed your Credit Limit: however, in that case you must repay
Application of Payments: We will apply payments to your
Late Payment Fee: If you do not make your Minimum Payment
delivered to Emblem Cardholder Services, PO BOX 89210 Sioux
the excess amount immediately.
Account in accordance with applicable law. If you make a
on or before the Payment Due Date, we will apply a Late
Falls, SD 57109.
We reserve the right to change (to set, increase, decrease or
payment in excess of the required minimum payment, we must
Payment Charge of up to $25 ($15 in IA) if payment is more than
Credit Reports and Information: You authorize us to make any
remove) the Credit Limit for your Account and/or for specific types
apply the excess amount first to your balance with the highest
5 days late.
credit, employment, or other investigative inquiries we deem
of Account balances from time to time. Such changes may occur
annual percentage rate.
Returned Check Fee: If any check or money order in payment
appropriate to extend you credit or to renew, review or collect
without prior written notice to you and may be based upon factors
Payments are posted to your Account upon receipt; however, we
of your account is returned to us unpaid for any reason, we will
amounts owed to us on your Account. We also may obtain
including, but not limited to, anti-fraud policies and procedures,
reserve the right not to increase your available credit by the
apply a returned check fee of up to $25 ($15 in IA) to your
follow-up credit reports on you for any lawful purpose as long as
your record of making timely payments and staying within the
amount of any payment received for a period of four (4) business
Account.
you have an outstanding balance
established Credit Limit on your account with us, your credit score
days from the date of receipt to provide for processing and/or
Annual Fee: Your account may be assessed an annual fee of
Information Sharing: You acknowledge and agree that we may
and information contained in your credit report.
verification. To speed this payment process, we make a
$45 starting 12 months after original card issuance date.
share information about you with others in accordance with our
Your Credit Limit can be found on your latest periodic statement
convenient expedited pay-by-phone service available to our
Foreign Transaction Fee: We will impose a fee of one percent
Privacy Policy in effect from time to time. We will provide a copy
or provided upon request. You may not request an increase in
customers. A small fee may be charged when you use this
(1%) on each (original and reversed) international purchase,
of our current Privacy Policy to you from time to time.
your Credit Limit, but you may at any time request a decrease in
optional payment method.
credit voucher, and cash disbursement transaction (including
Notice of Inaccurate Information: If you believe that we have
your Credit Limit.
HOW FINANCE CHARGES ARE DETERMINED
international transactions made in U.S. dollars). This fee is a
information about you that is inaccurate or that we have reported
Using Your Card or Account: You can use your Card to
Your finance charge will include the following, as applicable: (i) a
pass-through of a fee imposed by the card association.
or may report to a credit reporting agency information about you
purchase or lease goods or services (including mail, telephone
per transaction finance charge (Cash Advance Fee) as shown in
OUR RIGHTS AND HOW THEY AFFECT YOU
that is inaccurate, please notify us of the specific information that
and electronic orders) from participating establishments
the Summary of Terms above for each Cash Advance posted
Telephone Monitoring and Recording: From time to time, we
you believe is inaccurate by writing to us at Emblem Cardholder
("Purchase"). You also can use your Card to obtain a cash loan
during a Billing Cycle and (ii) your periodic Interest charge. We
may monitor and/or record telephone calls regarding your
Services, PO BOX 89210 Sioux Falls, SD 57109.
("Cash Advance") by presenting your Card to any institution that
compute periodic Interest charges applying the applicable
Account with us to assure the quality of our service, and you
Collection and Default: Unless prohibited by applicable law,
accepts the Card for that purpose or by making a withdrawal of
Monthly Periodic Rate to (a) your Average Daily Balance of Cash
agree to any such monitoring or recording.
your Account is considered to be in default if:
cash at an ATM. Transactions made with your Account for things
Advances, (b) your Average Daily Balance of Purchases and
Communicating With You; Consent to Contact by Electronic
(1) You do not make at least the Minimum Payment on or before
like money orders, deposits, wire transfer money orders, travelers
(c) the respective average daily balances for any other types of
and Other Means: You agree that we or our servicers, agents,
the Payment Due Date:
cheques, foreign currency and other similar transactions, will be
balances that are subject to different APRs.
contractors, successors, or assigns may contact you as provided
(2) You try to exceed, or do exceed, your Credit Limit;
treated as Cash Advances. They are sometimes called "quasi-
Calculating the Balance Subject to Interest: We calculate the
in this paragraph. We may contact you for any lawful reason,
(3) You file bankruptcy or insolvency proceedings;
cash" transactions.
balance subject to Interest using the "Average Daily Balance
including for the collection of amounts owed to us and for the
(4) You become subject to attachment or garnishment
You may use the Account only for personal, family, or household
(including new transactions)" method ("ADB"). We calculate the
offering of products or services in compliance with our Privacy
proceedings;
purposes. You may not use your Card or your Account for any
ADB separately for each type of balance. To get each ADB, we
Policy in effect from time to time. No such contact will be deemed
(5) You give us any false information or signature;
illegal transaction or any gambling transaction. We will decline
take the beginning balance of your Account each day for each
unsolicited. We may contact you at any address or telephone
(6) You die; or
identifiable gambling transactions.
type of balance, including accrued but unpaid Interest charges
number (including wireless cellular telephone or ported landline
(7) You fail to comply with any portion of this Agreement.
We may refuse to authorize or accept any transaction on your
attributable to such balance, add any new transactions as of the
telephone number) that you may provide to us from time to time.
Subject to any notice of default and right to cure or other
Account if your Account is delinquent.
date of transaction, including any applicable Cash Advance Fees
We may use any means of communication, including, but not
restriction of applicable law, if you are in default, we may declare
Promise to Pay: You promise to pay us for all transactions, plus
as of the date each Cash Advance posts with us, and subtract the
limited to, postal mail, electronic mail, telephone or other
the entire balance due immediately.
Interest, fees and other charges due, on your Account. You
applicable portion of any payments and credits as of the date
technology, to reach you. You agree that we may use automatic
Change of Terms: Your Account is a continuing offer to
promise to make all payments in U.S. dollars and that all checks
those post with us. This gives us the daily balance for each type
dialing and announcing devices which may play recorded
extend further credit to you that we may end at any time.
or other items submitted in payment will be drawn on U.S.
of balance. Then we add together the daily balances for the
messages. We may also send text messages to your telephone.
Except as otherwise provided in this Agreement and subject
financial institutions.
Billing Cycle for each type of balance and divide the total by the
You may contact us at any time to ask that we not contact you
to applicable law, we may, at any time beginning twelve (12)
Monthly Statements: We will send you a statement under the
number of days in the Billing Cycle. This gives us the ADB for
using any one or more methods or technologies.
months after Account opening, add, change or remove any
following circumstances:
each type of balance.
Refunds: If a seller agrees to give a refund, you agree to accept
of the terms and conditions of this Agreement. A change
(1) At the end of each monthly period of approximately 30 days
Annual Percentage Rate (APR) and Monthly Periodic Rate:
a credit on your Account instead of a cash refund.
may be based upon factors including, but not limited to, anti-
("Billing Cycle") if there is a debit or credit balance on your
The applicable Monthly Periodic Rate is equal to 1/12 of the
Postdated Checks, Restricted Endorsement Checks and
fraud policies and procedures, your record of making timely
Account of $1 or more;
corresponding APR. The Monthly Periodic Rate (and
Other Disputed or Qualified Payments: We can accept late,
payments and staying within your established Credit Limit,
(2) If we assessed a Finance Charge on a balance in your
corresponding APR) for each type of balance is shown above.
postdated or partial payments without losing any of our rights
your credit score and information contained in your credit
Account: or
When Interest Charges Begin to Accrue: Subject to any grace
under this Agreement. (A postdated check is a check dated later
report.
(3) As otherwise required by applicable law.
period, periodic Interest charges on Purchases will be imposed at
than the day it was actually presented for payment.) We are
We will mail written notice of a change to you when and in the
Minimum Payment: The minimum required payment on your
the applicable Monthly Periodic Rate from the date each
under no obligation to hold a post dated check and we reserve
manner required by applicable law. Subject to the limitations of
Account for each Billing Cycle ("Minimum Payment") is the sum of
Purchase is made and will continue to accrue on unpaid balances
the right to process every item presented as if dated the same
applicable law, as of the stated effective date, the changed or
(i) the greater of (a) one percent (1%) of your total outstanding
as long as they remain unpaid. You will have a 25-day grace
date received by us or our check processor unless you give us
new terms will apply to new Purchases, Cash Advances and
Account balance on the Billing Cycle Closing Date (your "New
period to repay your new balance before an Interest charge on
adequate notice and a reasonable opportunity to act on it. Except
other transactions.
Balance") or (b) $15; plus (ii) any current billed periodic Interest
Purchases will be imposed if your Previous Balance is (i) zero,
where such notice and opportunity is given, you may not hold us
Delay in Enforcement: We can delay enforcing our rights under
charges; plus (iii) any Late Payment Fee billed to your Account in
(ii) a credit balance, or (iii) paid in full by the "Payment Due Date"
liable for depositing any postdated check. You agree not to send
this Agreement without losing them.
the current Billing Cycle; plus (iv) the greater of (a) any past due
shown on your monthly billing statement. Interest on Cash
us partial payments marked "paid in full." "without recourse." or
OTHER PROVISIONS
Advances (in addition to Cash Advance Fees) will be imposed at
similar language. If you send such a payment, we may accept it
Transfer and Termination of Your Account: You may not
No Waiver By Us: We reserve the right, at any time and in our
transferred or appealed to a different court, either party may elect
778-7879. If either party fails to submit to arbitration following a
transfer your Account to any other person. We may assign your
sole discretion, not to impose part or all of any fee or other
arbitration.
proper demand to do so, that party will bear the costs and
Account to any other person at any time. We may terminate your
amount imposed pursuant to this Agreement or not to exercise
SIGNIFICANCE OF ARBITRATION: LIMITATIONS AND
expenses, including reasonable attorneys' fees, incurred by the
Account if you are or become a non-U.S. resident or a resident of
any of our other rights under this Agreement. If we exercise the
RESTRICTIONS. IF YOU OR WE CHOOSE TO RESOLVE A
party compelling arbitration. Any physical arbitration hearing that
Illinois, Indiana, Massachusetts, Maine, North Carolina, Rhode
foregoing right, we will not waive our right to impose any such fee
CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE
you attend will be held in the federal judicial district where you live
Island, West Virginia or any U.S. territory. Either you or we may
or other amount or our right to exercise the foregoing right or any
WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY
at the time the Claim is filed. The party initiating the arbitration
terminate or suspend your credit privileges at any time. Upon our
other rights, in the future.
DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN
will pay the filing fee. You may seek a waiver of the initial filing
request, you agree to destroy your Card immediately.
Entire Agreement; Interpretation: This Agreement constitutes
PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO
fee or any other fees incurred in arbitration. If you seek, but do
Account Cancellation and Fee Refund: You may ask that we
the final expression of the credit agreement between you and us
OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE
not qualify for, a waiver, we will consider any written request by
close your Account at any time by notifying us in writing. Except
relating to your Account. The headings used in this Agreement
SAME EXTENT THAT YOU OR WE COULD IN COURT,
you for us to pay or reimburse you for all or part of such fees.
as provided below, you will remain responsible for all
are for the convenience of reference only and are not intended to
(iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF
Each party will pay for its respective attorneys', experts' and
transactions, periodic Interest charges, and other fees and
define or describe the entire scope or intent of any portion of this
ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT
witness fees, regardless of which party prevails in the arbitration.
charges, charged to your Account until paid in full. We will credit
Agreement.
OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT
A party may recover any or all expenses from another party if the
fees to your Account ONLY IF (i) you close your Account within
Governing Law: This Agreement is controlled and governed
TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS
arbitrator, applying applicable law, so determines. Allocation of
30 days of Account opening and (ii) you make no new Purchase
the laws of the State of Missouri, including Missouri Revised
OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS
fees and costs relating to appeals in arbitration will be handled in
or Cash Advance transactions on your Account after opening.
Statutes (Chapter 408 Legal Tender and Interest) Section
AVAILABLE IN COURT MAY NOT BE AVAILABLE IN
the same manner. For an explanation and schedule of the fees
After this 30-day period, all fees are no longer avoidable or
408.145, except to the extent that such laws are inconsistent
ARBITRATION. Except as set forth below, the arbitrator's
that apply to an arbitration proceeding with JAMS, please visit
refundable.
with controlling federal laws.
decision will be final and binding. Only a court may decide the
http://www.jamsadr.com/rules-streamlined-arbitration; for AAA,
Foreign Currency Conversion: If you use your Card for
validity of items (iii) and (iv) above. If a court holds that items (iii)
visit hhttp://www.adr.org/si.asp?id=5391. The appropriate fee
transactions in a currency other than U.S. dollars, the
ARBITRATION PROVISION (AGREEMENT TO
or (iv) are limited, invalid or unenforceable, then this entire
schedule in effect from time to time is hereby incorporated by
transactions will be converted to U.S. dollars under the
ARBITRATE CLAIMS)
Arbitration Provision will be null and void. You or we can appeal
reference into this Arbitration Provision. The cost of arbitration
appropriate current card association regulations. The exchange
Except as otherwise stated below, if you or we so choose, any
any such holding. If a court holds that any other part(s) of this
may be higher or lower than the cost of bringing your Claim in
or currency conversion rate between the transaction currency and
Claim (as defined below) will be resolved by binding arbitration
Arbitration Provision (other than items (iii) and (iv)) are invalid,
court, depending upon the nature of your Claim and how the
the billing currency will be either (i) a rate selected by the card
association from the range of rates available in wholesale
pursuant to (a) this Arbitration Provision and (b) the code of
then the remaining parts of this Arbitration Provision will remain in
arbitration proceeds. Having more than one Claim and holding
procedure of the national arbitration organization to which the
force. An arbitrator will decide all other issues pertaining to
face-to-face hearings can increase the cost of arbitration. Again,
currency markets for the applicable central processing date,
Claim is referred (as in effect when the Claim is filed). Claims will
arbitrability, validity, interpretation and enforceability of this
neither you nor we will be permitted to arbitrate claims on a class-
which rate may vary from the rate the card association itself
Arbitration Provision. The decision of an arbitrator is as
be referred to either Judicial Arbitration and Mediation Services
wide (that is, on other than an individual) basis. An arbitration
receives, or (ii) the government-mandated rate in effect for the
("JAMS") or the American Arbitration Association ("AAA"), as
enforceable as any court order and may be subject to very limited
proceeding can decide only your or our Claims. You cannot join
applicable central processing date. The exchange or currency
selected by the party electing to use arbitration. Streamlined
review by a court. An arbitrator may decide a Claim upon the
other parties (or consolidate Claims) except with respect to
conversion rate on the transaction processing date may differ
from the rate in effect at the time of the transaction or the date the
arbitration procedures will be used if available. If a selection by
submission of documents alone. A party may request a
persons who use your Account.
telephonic hearing if permitted by applicable rules. The exchange
GOVERNING LAW FOR ARBITRATION. This Arbitration
transaction is posted to your Account. You agree to accept the
us of one of these organizations is unacceptable to you, you have
the right, within 30 days after you receive notice of our election, to
of non-privileged information relevant to the Claim, between the
Provision is made pursuant to a transaction involving interstate
converted amount in U.S. dollars.
select the other organization listed to serve as arbitration
parties, is permitted and encouraged. Either party may submit
commerce, and will be governed by the Federal Arbitration Act
Honoring Your Card: We are not accountable if a merchant,
relevant information, documents or exhibits to the arbitrator for
ATM or other institution does not honor your Card, or if it
administrator. For purposes of this Arbitration Provision, "Claim"
("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any
means any claim, dispute or controversy (whether in contract,
consideration in deciding a Claim.
other governing law provision in this Bank Credit Card
malfunctions there. Although you may have credit available, we
BROAD MEANING OF "CLAIMS." The term "Claims" in this
tort, or otherwise) past, present or future, (collectively, "Claims")
Agreement. The arbitrator will apply applicable substantive law
are not liable if credit is not authorized or approved, whether
as further described below. (If for any reason a selected
Arbitration Provision is to be given the broadest possible meaning
consistent with the FAA and applicable statutes of limitations and
because of operational difficulties, mistakes or otherwise.
organization cannot, will not or ceases to serve as an arbitration
and includes (by way of example and without limitation) Claims
will honor claims of privilege recognized at law. Judgment upon
Transactions above a certain dollar amount may require special
authorization by us before the transaction can be approved. In
administrator, you or we may substitute another widely
arising from or relating to (i) the application for or issuance of your
any arbitration award may be entered and enforced, including
recognized arbitration organization that uses a similar code of
Account, (ii) use, terms, change in terms or addition of terms,
without limitation by garnishment, attachment, foreclosure or
addition, we may limit the number and amount of transactions
procedure and is mutually acceptable to the parties.)
closing or collection of your Account or this Bank Credit Card
other post-judgment remedies, in any court having jurisdiction.
approved in one day for security reasons, without any liability to
RIGHT TO REJECT ARBITRATION: You may reject this
Agreement, (iii) advertisements, promotions or oral or written
The arbitrator's decision will be final and binding, except for any
you.
Notices; Change of Address, Employment or Telephone: We
Arbitration Provision. If you do so, neither you nor we will
statements related to your Account, including any Claims
right of appeal provided by the FAA, in which case any party can
have the right to engage in arbitration. Rejecting this
regarding information obtained by us from, or reported by us to,
appeal the award to a three-arbitrator panel administered by the
will send all written notices and statements to your address as it
Arbitration Provision will have no affect on any of the other
credit reporting agencies or others, (iv) the goods or insurance or
selected arbitration administrator. The panel will reconsider de
appears on our records. To avoid delays and missed payments
provisions in this Bank Credit Card Agreement. To reject this
other services purchased under your Account, (v) Claims
novo (that is, without deference to the ruling of the original
that could affect your credit standing, you agree to advise us
Arbitration Provision, you must send us your written rejection
between you and our parent corporations, wholly or majority
arbitration) any aspect of the initial award requested by the
promptly if you change your mailing address, place of
employment, telephone number or other contact information,
within 60 days after we open your Account, or 60 days after any
owned subsidiaries, affiliates, predecessors, successors, assigns,
appealing party.
agents, independent contractors, employees, officers, directors or
CONTINUED EFFECT OF ARBITRATION PROVISION. This
including, but not limited to, porting a landline telephone number
change in terms that affects this Arbitration Provision, to Emblem
Cardholder Services, PO BOX 89210 Sioux Falls, SD 57109.
representatives arising from your Account or this Bank Credit
Arbitration Provision will continue to govern any Claims that may
to a cellular phone. You represent and agree that for purposes of
imposing fees and charges, the mailing address on your
In your letter, you must give us the following information: Name,
Card Agreement and (vi) Claims regarding the validity,
arise without regard to any termination or cancellation of your
Address and Account number. The right to reject granted here
enforceability or scope of this Arbitration Provision or this Bank
Account. If any portion of this Arbitration Provision (other than
statement is your state of residence.
applies solely to this Arbitration Provision, and not to any other
Credit Card Agreement.
the provisions prohibiting class-wide arbitration, joinder or
Severability: In the event that any provision of this Agreement is
determined to be invalid or unenforceable for any reason, the
provision of this Bank Credit Card Agreement, or to any other
ARBITRATION PROCEDURE AND COSTS. For a copy of
consolidation) is deemed invalid or unenforceable under the FAA,
validity or enforceability of any other provision of this Agreement
agreement with us. In the event of a dispute over whether you
relevant codes of procedure, to file a Claim or for other
it will not invalidate the remaining portions of this Arbitration
have provided a timely rejection notice, you must provide proof of
information about JAMS and AAA, write them, visit their web site
Provision. If a conflict or inconsistency arises between the code
will not be affected, and in lieu of such invalid or unenforceable
delivery. Neither party may elect to arbitrate an individual Claim
or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine,
of procedures of the selected arbitration administrator and this
provision there will be added automatically, as part of this
brought in small claims court (or your state's equivalent court, if
92614 or info@jamsadr.com http://www.jamsadr.com, 1-800-
Arbitration Provision, this Arbitration Provision will control.
Agreement, a provision as similar in terms as may be valid and
enforceable, if possible.
any). However, if a Claim that is brought in small claims court is
352-5267 or (ii) for AAA, 1633 Broadway, 10th Floor, New York,
NY 10019 or websitemail@adr.org, http://www.adr.org, 1-800-
STATE NOTICES
INCURRING ANY ADDITIONAL CHARGE FOR
fees. We will send you a statement of the amount you owe and
CA RESIDENTS: A married applicant may apply for a separate
PREPAYMENT.
the date payment is due. We may then report you as delinquent
account. If this is a joint account, after credit approval, each
NY RESIDENTS: RETAIL INSTALMENT CREDIT
if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong,
applicant shall have the right to use this account to the extent of
AGREEMENT
you must write to us within 10 days telling us that you still refuse
any credit limit set by the creditor, and each applicant may be
to pay. If you do so, we cannot report you as delinquent without
liable for all amounts of credit extended under this account to
CARDHOLDER: Your signature (including any electronic or
also reporting that you are questioning your bill. We must tell you
any joint applicant. Interest is compounded on unpaid finance
digital signature) on any Application or on any sales slip or other
the name of anyone to whom we reported you as delinquent, and
charges on Purchases and on unpaid finance charges on Cash
evidence of indebtedness on your Account represents your
we must let those organizations know when the matter has been
settled between us.
signature on this Agreement.
Advances.
BANK: /s/ Mid America Bank & Trust Company, Dixon, MO
If we do not follow all of the rules above, you do not have to pay
NJ RESIDENTS: Because certain provisions of this Agreement
Date: January 2017
the first $50 of the amount you question even if your bill is correct.
are subject to applicable law, they may be void, unenforceable
Your Rights If You Are Dissatisfied With Your Credit Card
Purchases
or inapplicable in some jurisdictions. None of these provisions,
BILLING RIGHTS NOTICE
If you are dissatisfied with the goods or services that you have
however, is void, unenforceable or inapplicable in New Jersey.
Your Billing Rights: Keep This Document For Future Use
purchased with your credit card and you have tried in good faith
OH RESIDENTS: The Ohio laws against discrimination require
This notice tells you about your rights and our responsibilities
to correct the problem with the merchant, you may have the right
under the Fair Credit Billing Act.
that all creditors make credit equally available to all credit
not to pay the remaining amount due on the purchase.
What To Do If You Find A Mistake On Your Statement
To use this right, all of the following must be true:
worthy customers, and that credit reporting agencies maintain
If you think there is an error on your statement, write to us at:
1. The purchase must have been made in your home state or
separate histories on each individual upon request. The Ohio
Emblem Cardholder Services
within 100 miles of your current mailing address, and the
PO BOX 89210
civil rights commission administers compliance with this law.
purchase price must have been more than $50. (Note:
Sioux Falls, SD 57109
NY RESIDENTS: New York residents may contact the New
Neither of these are necessary if your purchase was based
In your letter, give us the following information:
on an advertisement we mailed to you, or if we own the
York state banking department to obtain comparative listing of
Account information: Your name and account number.
company that sold you the goods or services.)
credit card rates, fees, and grace periods. Call 1-800-518-8866.
Dollar amount: The dollar amount of the suspected error.
2.
You must have used your credit card for the purchase.
WI RESIDENTS: We will not charge you attorneys fees, court
Description of problem: If you think there is an error on your
Purchases made with cash advances from an ATM or with a
bill, describe what you believe is wrong and why you believe
costs, or other collection costs incurred as a result of your
check that accesses your credit card account do not qualify.
it is a mistake.
3. You must not yet have fully paid for the purchase.
default.
You must contact us:
If all of the criteria above are met and you are still dissatisfied with
MARRIED WI RESIDENTS: No provisions of any marital
Within 60 days after the error appeared on your statement.
the purchase, contact us in writing at:
property agreement, unilateral statement under section 766.59
At least 3 business days before an automated payment is
Emblem Cardholder Services
or court decree under section 766.70 will adversely affect the
scheduled, if you want to stop payment on the amount you
PO BOX 89210
think is wrong.
Sioux Falls, SD 57109
interest of the creditor unless the creditor, prior to the time credit
You must notify us of any potential errors in writing. You may call
While we investigate, the same rules apply to the disputed
is granted, is furnished a copy of the agreement, statement, or
us, but if you do we are not required to investigate any potential
amount as discussed above. After we finish our investigation, we
decree or has actual knowledge of the adverse position when
errors and you may have to pay the amount in question.
will tell you our decision.
the obligation to the creditor is incurred. We are required to ask
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
you to provide the name and address of your spouse.
1. Within 30 days of receiving your letter, we must tell you that
DE and MD RESIDENTS: Finance charges will be imposed in
we received your letter. We will also tell you if we have
amounts or at rates not in excess of those permitted by law on
already corrected the error.
2.
the outstanding balances from month to month.
Within 90 days of receiving your letter, we must either
correct the error or explain to you why we believe the bill is
MD RESIDENTS: You have the right under Section 12-510 of
correct.
the Commercial Law Code to receive an answer to a written
While we investigate whether or not there has been an error:
inquiry concerning the status of your account.
We cannot try to collect the amount in question, or report
NOTICE TO THE BUYER
you as delinquent on that amount.
1. DO NOT SIGN THIS CREDIT AGREEMENT
The charge in question may remain on your statement, and
we may continue to charge you interest on that amount.
BEFORE YOU READ IT OR IF IT CONTAINS
While you do not have to pay the amount in question, you
ANY BLANK SPACES.
are responsible for the remainder of your balance.
2. YOU ARE ENTITLED TO A COMPLETELY
We can apply any unpaid amount against your credit limit.
FILLED IN COPY OF THIS CREDIT
After we finish our investigation, one of two things will happen:
AGREEMENT.
If we made a mistake: You will not have to pay the amount
in question or any interest or other fees related to that
3.
YOU MAY AT ANY TIME PAY MORE
amount.
THAN THE MINIMUM PAYMENT OR YOUR
If we do not believe there was a mistake: You will have
ENTIRE
BALANCE
IN
FULL
WITHOUT
to
pay the amount in question, along with applicable interest and