PRICING DISCLOSURES 

These Pricing Disclosures are part of the Cardholder Agreement. 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

34.99% 

APR for Cash Advances 

34.99% 

Paying Interest 

Your due date will be a minimum of 21 days after the close of each billing cycle. We 
will not charge interest on new purchases if you pay your entire balance by the due 
date each month. We will begin charging interest on cash advances on the transaction 
date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $0.50. 

Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or  using  a  credit 
card,  visit  the  website  of  the  Consumer  Financial  Protection  Bureau  at 
http://www.consumerfinance.gov/learnmore. 

Fees 

Set-Up and Maintenance Fees 

Notice:  The Annual Fee will be assessed before you begin using your card and will 
reduce the amount of credit you initially have available.  Based on your initial credit limit 
of $300.00, your initial available credit will only be $225.00 (only $196.00 if you choose 
to have an additional card). 

You may still reject the plan, provided that you have not yet used the account or paid 
a fee after receiving a billing statement. If you reject the plan, you are not responsible 
for any fees or charges. 

Program Fee 

Annual Fee 

$89.00 (one-time fee). 

$75.00 for first year 

After that, $48.00 annually. 

Monthly Servicing Fee 

None for first year (introductory) 

After that, $75.00 annually ($6.25 per month). 

Transaction Fees 

Cash Advance Fee 

Penalty Fees 

Late Payment Fee 

Returned Payment Fee 

None for first year (introductory). After that, either $5.00 or 5% of the amount of 
each cash advance, whichever is greater. 

Up to $39.00 

Up to $39.00 

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including new purchases).” See your cardholder 
agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is included in the cardholder agreement 
and on the back of your monthly billing statement. 

  Additional Information Regarding Program Fee 

We require a one-time up front Program Fee of $89.00 to be paid in full before your Account is opened.  Once we have received and processed 
your payment of the Program Fee, your Account will be opened and you may activate and begin using your Card.  Refer to the Section entitled 
“Refund Disclosure” for additional information. 

M-127458 

Continued 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Additional Information Regarding Interest Charges and Other Fees 

Your Account is subject to the following Interest Charges and Fees, each of which will be charged to your Account as a Purchase for the purpose 
of calculating Interest Charges: 

Interest Charges: 

Paying Interest Charges. You agree to pay us Interest Charges on your Account as described herein. Subject to any grace period for new 
Purchases as described in the next section, Interest Charges will be imposed beginning the date a Purchase or Cash Advance is posted to your 
Account and will continue to accrue until payment is posted. 

How  to  Avoid  Paying  Interest  Charges  on  New  Purchases  (Grace  Period).  If you paid the New Balance on your prior monthly billing 
statement by the due date shown on that billing statement, we will not impose any Interest Charges on new Purchases, or any portion of a new 
Purchase, paid by the due date on your current monthly billing statement (which will be at least 21 days from the billing cycle closing date).  New 
Purchases are Purchases that first appear on your current billing statement.  Cash Advances are subject to Interest Charges from the date the 
transaction is posted to your Account. Unlike Purchases, this means there is no time in which you can pay the balance of Cash Advances in 
order to completely avoid Interest Charges on Cash Advances. 

How We Calculate Interest Charges – Average Daily Balance Method (Including Current Transactions).  Interest Charges on Purchases 
are calculated by applying the monthly periodic rate (shown below) to the average daily balance of Purchases (including new Purchases) for 
each billing cycle. To calculate the average daily balance of Purchases, we take the beginning balance of Purchases each day, add any new 
Purchases (including Interest Charges and other Fees and charges), and subtract any applicable payments and credits.  This gives us the daily 
balance. We add up all the daily balances for the billing cycle and divide by the number of days in the billing cycle to determine the average 
daily balance of Purchases. Interest Charges on Cash Advances are calculated by applying the monthly periodic rate (shown below) to the 
average daily balance of Cash Advances (including new Cash Advances). To get the average daily balance of Cash Advances, we use the 
same calculation method that we use for Purchases. 

Monthly Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE (APR).  Interest Charges for Purchases and Cash Advances are 
calculated at a monthly periodic rate of 2.9158%, which is a corresponding ANNUAL PERCENTAGE RATE (APR) of 34.99%. We calculate 
the monthly periodic rate by dividing the APR by 12. 

Minimum Interest Charge.  In any month in which an Interest Charge is due, if that Interest Charge is less than $.50, we may charge you  
a minimum Interest Charge of $.50. Notwithstanding the foregoing, during the first 12 months your Account is open, any Interest Charges 
assessed on your Account will be equal to the actual accrued interest. 

Fees: 

Annual Fee. Your Account will be assessed an Annual Fee of $75.00 when your Account is opened and $48.00 every twelve months thereafter 
whether or not you use your Account. The Annual Fee is non-refundable except as provided in Section below entitled “Refund Disclosure.” Your 
payment of the Annual Fee does not affect our right to close your Account.  The Annual Fee will not be billed to your Account after your Account 
is closed. The Annual Fee will be pro-rated based on when the Account is reopened and the Card is re-issued. 

Monthly Servicing Fee.  Your Account will not be charged a Monthly Servicing Fee for the first year (introductory) following Account opening. 
Each month thereafter, your Account will be charged a Monthly Servicing Fee of $6.25 per month ($75.00 annually).  This fee will be billed until 
your Account is closed and the balance is $20.00 or less. 

Cash Advance Fee. In addition to the periodic Interest Charge we assess on Cash Advances, each time you obtain a Cash Advance, we 
will impose a transaction fee of $5.00 or 5% of the amount of each Cash Advance, whichever is greater. Notwithstanding the foregoing, your 
Account will not be charged any Cash Advance fees for the first year (introductory) following Account opening. 

Late Payment Fee.  If we do not receive payment from you in at least the amount of your Total Minimum Payment Due by the due date shown 
on your monthly billing statement, you will be charged a Late Payment Fee.  The fee will be the lesser of (a) $28.00 if you did not incur a Late 
Payment Fee during any of the prior six billing periods; otherwise $39.00, or (b) your past due Total Minimum Payment Due amount. 

Returned Payment Fee.  If any check or other item tendered in payment of the amount due on your Account is returned unpaid for any reason, 
you will be charged a Returned Payment Fee.  The fee will be the lesser of (a) $28.00 if you did not incur a Returned Payment Fee during any 
of the prior six billing periods; otherwise $39.00, or (b) your past due Total Minimum Payment Due amount. 

Additional Card Fee.  If you authorize us to issue an additional Card for an Authorized User, an Additional Card Fee of $29.00 will be imposed 
annually for each additional Card. This fee will be assessed at the time you request each Additional Card and annually thereafter following 
each anniversary date of your Account opening, whether or not the additional Card is used.  The Additional Card Fee is non-refundable except 
as provided in Section below entitled “Refund Disclosure.”  The Additional Card Fee will be pro-rated the first year based on when the additional 
Card is issued. 

Credit Limit Increase Fee.  After your Account has been open for at least one year, a fee of 20% of the amount of any increase in your credit 
limit may be charged to your Account as a Credit Limit Increase Fee. For example:  if your credit limit is increased by $100, a $20.00 Credit Limit 
Increase Fee will be assessed, which will result in additional available credit of $80.00 on your Account. This fee is automatically assessed 
upon your acceptance of each credit limit increase. 

Express Delivery Fee. We impose a $35.00 fee for the express delivery of your Card. 

Copying  Fee.  If you request duplicates of any monthly billing statement or other document, a copying charge of $3.00 per page may be 
imposed, unless the request is made in connection with a bona fide billing error dispute. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
VISA® CARDHOLDER AGREEMENT 

wire transfers, money orders, and travelers’ checks; and (f) any other 
method of obtaining a cash loan. 

THIS  CARDHOLDER  AGREEMENT  CONTAINS  AN  ARBITRATION 
PROVISION.  UNLESS  YOU  ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT 
ON  YOUR  RIGHTS  IN  THE  EVENT  OF  A  DISPUTE,  INCLUDING 
YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. 

This  cardholder  agreement  (“Agreement”)  contains  the  terms  and 
conditions under  which  The  Bank of Missouri  has agreed  to establish  
a  Visa®  credit  card  Account  (“Account”)  for  you.  The  accompanying 
Pricing Disclosures are part of this Agreement. This Agreement contains 
our most current terms and supersedes any prior terms you may have 
received from us. Please read this Agreement carefully and retain it for 
your future reference. 

Acceptance  of  Agreement.    Use  of  the  Card  or  Account  by  you  or   
an  Authorized  User  shall  constitute  your  agreement  to  the  terms  and 
conditions of this Agreement. Whenever stated in this Agreement that 
we  may take certain  described action,  this  permits  us to  do so  at  our 
sole discretion. 

Effective  Date  of  Agreement.  Unless you are a resident of the State 
of New York, this Agreement is effective upon the earlier of (1) the first 
Purchase made or Cash Advance taken on your Account, and (2) the 
expiration of 30 days from the date we deliver this Agreement to you if 
you do not provide us written notice of your desire to cancel within this 
30 days. If you are a resident of the State of New York, this Agreement 
is  not  effective  until  the  first  Purchase  made  or  Cash  Advance  taken 
on your Account. In all cases, if any Fees are required to be paid prior 
to opening your Account, this Agreement will not be effective and your 
Account will not be opened until such Fees are paid in full. You are not 
obligated  to  pay  any  Fees  or  Interest  Charges  (other  than  any  Fees 
required to be paid prior to opening your Account) until this Agreement 
is effective. 

   Defined Terms 

“You” and “your” mean each person who applied for the Account, each 
person to whom The Bank of Missouri issues a Card. 

“We,” “us,” “our,” means The Bank of Missouri, St. Robert, Missouri, 
and our agents, authorized representatives, successors, and assignees 
or other holders of this Agreement or your Account. 

“Authorized  User” means anyone who uses a Card or your Account 
with your consent. 

“Card”  means  any  Visa®  credit  card  issued  in  connection  with  your 
Account,  including  all  renewals  and  substitutions.  It  also  means  any 
other  access  device  for  your  Account  we  give  you  that  allows  you  to 
obtain credit, including any Account number. 

“Cash  Advance”  means  each  of  the  following  transactions:  (a)  a 
transaction  drawing  upon  your  Account  using  your  Card  and  PIN 
(described below) at an ATM that bears the Visa® logo; (b) a transaction 
at  any  participating  Visa®  financial  institution  drawing  upon  your 
Account;  (c)  an electronic  or other transfer of funds initiated  by  us,  at 
your request (i.e., we sign the check as the drawer), drawing upon your 
Account; (d) use of a check provided by us (i.e., you sign the check as 
the drawer) drawing upon your Account; (e) a transaction and the fees 
associated with using your Card to purchase cash equivalents, including 

M-127457 

“Fees” means charges imposed on your Account as described in this 
Agreement that are not based on an Annual Percentage Rate. 

“Interest Charges” means any charges to your Account based on the 
application of an Annual Percentage Rate. 

“New Balance” means the outstanding balance of your Account at the 
end of any billing cycle. 

“Purchase” includes (a) a transaction using your Card to purchase or 
lease goods or services from one who honors the Card; (b) any other 
Account related Fees; and (c) any other transaction that is not otherwise 
a Cash Advance. 

Other important words used in this Agreement begin with capital letters. 
They are defined throughout this Agreement. 

   Using Your Card 

Permitted  Uses.  You may  use  your  Card  and  your  Account  to  make 
Purchases wherever your Card is accepted, provided your Account is 
in  good  standing  and  you  have  available  credit.  Each  time  you  use 
your Card, either for a Purchase or a Cash Advance, you are requesting 
us to make a loan to you for the amount of the Purchase or the Cash 
Advance.  If you use your Account number to make a Purchase or obtain 
a Cash Advance without presenting your Card (such as for a mail order, 
telephone or internet purchase), the legal effect will be the same as if 
you used the Card itself. Each Purchase and Cash Advance obtained 
will reduce the available credit under your credit limit until it is repaid in 
accordance with the terms of this Agreement. 

Cash  Advances.  You may use your Card to obtain Cash Advances if 
your Account has been open for at least the later of ninety (90) days or 
three completed billing cycles, is not past due and you have available 
credit  for  Cash  Advances.  You  may  obtain  Cash  Advances  from  an 
Automated Teller Machine (“ATM”) or through a bank teller. However, 
the  total  of  your  unpaid  Cash  Advances  may  not  exceed  one-half  of 
your credit limit. Cash Advance amounts may also be subject to limits 
imposed by banks and ATM operators. 

Prohibited  Uses.  You  may  not  use  your  Card  outside  the  United 
States, or  to make a  charge in  a  foreign  currency.  The  Card may  not 
be used for any illegal transactions. The Card may not be used for on- 
line  gambling  transactions  or  at  an  automated  fuel  pump.  You further 
acknowledge  that  your  Card  will  be  for personal  use  and may  not be 
used for business purposes. If you use, or allow someone else to use 
your Card or Account for any prohibited purpose, you will be responsible 
for such  use and may  be  required  to  reimburse  us for  all  amounts or 
expenses we pay as a result of such use. 

Card. You agree to sign the back of the Card issued to you in connection 
with  your Account  immediately  upon  receipt.  The  Card  is valid  during 
the dates provided on the front. The Card is our property, and you will 
return it to us or destroy it if we ask. 

PIN. Upon your request, you may be assigned a personal identification 
number  (“PIN”).  With  a  PIN,  you  may  use  your  Card  to  obtain  Cash 
Advances from an ATM. You should keep your PIN secure and not write 
it down, give it to anyone, or keep it with your Card. If you lose your Card 
or believe that someone has gained unauthorized access to your PIN, 

you must contact us immediately. You may request or change your PIN 
by calling us at (844)-548-9721 or visiting us online at www.myccpay. 
com. 

Credit  Limit.  Your  credit  limit  is  the  maximum  amount  of  credit  we 
have  approved  for  your  Account.  Your  credit  limit  will  be  disclosed  to 
you  when  your  Card  is  issued  and  will  also  appear  on  your  monthly 
billing statement.  You agree not  to make any  Purchase  or  obtain any 
Cash  Advance  that  would  cause  the  unpaid  balance  of  your  Account  
to  exceed  your  credit  limit.  The  total  of  your  unpaid  Cash  Advances 
may  not  exceed  one-half  of  your  credit  limit.  You  agree  that  we  may 
change your credit limit at any time without affecting your obligation to 
pay the amounts you owe under this Agreement.  At our sole discretion, 
we  may  honor  Purchases  or  Cash Advances  in excess  of  your  credit 
limit without raising your credit limit. If we do, we may require you to pay 
us any amount over your credit limit immediately. If we have previously 
allowed your balance to exceed your credit limit, it does not mean that 
we  will permit your balance to exceed your credit limit again. See the 
next section with respect to credit limit increases. 

Credit  Limit  Increases.  Through  notification  from  us  or  upon  your 
request, your Account may be reviewed for a credit limit increase after 
being open for at least twelve (12) billing cycles. If you accept a credit 
limit increase offer, a Credit Limit Increase Fee will be assessed to your 
account.  Please  refer  to  the  Pricing  Disclosures  for  more  information 
about the Credit Limit Increase Fee.  We reserve the right to decline your 
request for a credit limit increase in our sole discretion. 

Lost  or  Stolen  Card;  Liability  for  Unauthorized  Use.  You will  take 
reasonable  steps  to  prevent  the  unauthorized  use  of  your  Card  and 
Account. If your Card is lost or stolen, or you think someone used your 
Account without your permission, tell us immediately by notifying us by 
phone  at  (844)-548-9721  or  in  writing  at  PO  Box  85710,  Sioux  Falls, 
South Dakota 57118-5710. You may be liable for the unauthorized use 
of your Card. In New York, you will not be liable for unauthorized use of 
the Card that occurs prior to the effective date of this Agreement. You 
will  not  be  liable  for  unauthorized  use  that  occurs  after  you  notify  us, 
orally  or  in  writing,  of  the  loss,  theft  or  possible  unauthorized  use.  In 
any case, your liability will not exceed $50. You agree to cooperate in 
our investigation of the unauthorized use and provide any information 
we deem necessary to our investigation. We will send you a new Card 
with a new account number to replace the Card that was lost or stolen. 
Although  you  will  be  issued  a  new  account  number,  you  will  not  be 
considered  to  have opened  a  new  account,  and  any  existing  balance 
will be transferred to the replacement account. Please see “Your Billing 
Rights” section below for more details. 

Declines and Authorizations.  You agree that we shall have no liability 
if any merchant or bank refuses to honor your Card or Account number, 
if  an  ATM  or  other  device  fails  to  properly  operate,  or  if  services  are 
unavailable due to circumstances beyond our control (such as system 
failures, fires, floods, natural disasters, or other unpredictable events). 
Some  transactions  on  your  Account  will  require  prior  approval.  These 
prior  approvals  are  called  “authorizations”.  We  may  limit  the  number  
of  authorizations  we  will  give  your  Account  during  any  certain  period  
of  time  (day,    weekend,  week)  and  we  may  deny  an  authorization  if   
we  suspect  that  your  Account  is  being  used  without  your  permission.  
If  our  authorization  system  is  not  working  fully,  we  may  be  unable  to 
give  an  authorization  even  though  the  transaction  would  not  exceed 
your  credit  limit.  For  security  reasons,  we  cannot  explain  the  details   
of  how  the  authorization system  works.  You agree  that  we  will  not  be 
liable for failing to give an authorization. We are not obligated to honor 
every transaction, even if you have available credit. We may decline a 
transaction on your Account at our discretion for any reason including the 

following: because of operational considerations, because your Account 
is in default, or if we suspect fraudulent or unlawful activity. We are not 
responsible for any losses if a transaction on your Account is declined 
for any reason, whether by us or a third party, even if you have sufficient 
credit available. If the authorization is denied, we may notify the person 
who  attempted  the  transaction  that  it  has  been  refused.  Transactions 
at some participating merchants (such as hotels, car rental companies, 
and restaurants) may result in authorizations for amounts greater than 
the actual purchase amount, which will have the effect of making less 
credit available on your Account for several days (usually until the date 
the actual purchase amount is received from the merchant). 

Authorized  Users. If another person is given access to your Account 
with your express or implied permission, notwithstanding the provision 
above, that person is an Authorized User, even if we did not issue an 
additional Card in the Authorized User’s name. At your request, and if 
we agree, we may issue an additional Card in the name of an Authorized 
User with your Account number.  You will be responsible for all charges, 
Cash  Advances,  Interest  Charges,  Purchases  and  Fees  incurred  by 
any  Authorized  User.  We  are  not  required  to  try  to  obtain  payment  
from any Authorized User before requiring payment from you. You and 
each  Authorized  User  agree  that  we  may  report  Account  information  
to  consumer  reporting  agencies  in  the  names  of  both  you  and  the 
Authorized User. 

Removing an Authorized User. If you want to remove an Authorized 
User from the Account, you must contact us as provided on your monthly 
billing statement and request their removal. We will have a reasonable 
amount of time after your request to research the situation and remove 
them. You also must immediately destroy all Cards in their possession 
and cancel all of their billing arrangements to the Account. We will not do 
this for you. During this time, you still will be responsible for all amounts 
they charge to the Account. You will be responsible even if these amounts 
do not appear on the Account until later. An Authorized User may remove 
themselves from the Account upon request. We may close your existing 
Account and/or issue a new Card with a new Account number. 

Transactions Made in Foreign Currencies.  Although charges outside 
the United States or in a foreign currency are not allowed, if you make 
a charge in a foreign currency, the exchange rate for the transaction will 
be either (a) a rate selected by Visa from the range of rates available 
in  wholesale  currency  markets  for  the  applicable  central  processing 
date, which rate may vary from the rate Visa itself receives, or (b) the 
government mandated rate in effect for the applicable central processing 
date. 

   Payments 

Your Promise to Pay. You promise to pay to us all amounts advanced 
to  you  (including  amounts  advanced  to  any  Authorized  User)  under 
this Agreement, plus all Fees and Interest Charges assessed on those 
amounts, and all other charges, costs, and fees which you incur under 
the terms of this Agreement. 

Total Minimum Payment Due. You may pay any or all of the amounts 
you owe at any time without penalty, but you must pay at least the Total 
Minimum Payment Due each month on or before the due date in order 
to maintain your credit privileges. The “Total  Minimum Payment Due” 
is  comprised  of  the  Monthly  Payment  plus  any  amount  past  due,  as 
reflected  on  the  monthly  billing  statement.  If  the  New  Balance  shown 
on your statement is $39.00 or less, the “Monthly Payment” is the New 
Balance. If the New Balance exceeds $39.00, the Monthly Payment is 
the greater of (a) five percent (5%) of your New Balance at the end of the 

billing cycle (rounded up to the nearest dollar) or (b) $39.00. The Total 
Minimum Payment Due may also include the amount by which your New 
Balance exceeds your credit limit (“Over Credit Limit Amount”). Failure 
to  pay  the  Over  Credit  Limit  Amount  as  requested  on  your  monthly 
billing statement will not, by itself, cause your Account to be delinquent. 
The Total Minimum Payment Due is due by the due date shown on the 
monthly billing statement (the due date will be at least twenty-one (21) 
days from the billing cycle closing date) and payments must be made 
to  The  Bank  of  Missouri  at  the  address  shown  on  the  monthly  billing 
statement.  Merchandise  refunds,  Fee  or  Interest  Charge  reversals  or 
other credits to your Account will be applied towards your outstanding 
balance, but will not be treated as payments for purposes of satisfying 
your obligation to make the next Total Minimum Payment Due. 

Payment Instructions.  Payments received in Proper Form before 5:00 
pm CST on a business day will post to your Account that day.  Payments 
received  after  5:00  pm  CST  on  a  business  day  and  payments  made  
on  a Saturday, Sunday,  or  bank holiday  will  post  to  your  Account the 
following  business  day.  We  may,  in  our  discretion,  accept  payments 
not  received  in  Proper  Form,  but  crediting  of  such  payments  may  be 
delayed  up  to  five  business  days  following  receipt.  Delayed  crediting 
may  cause  you  to  incur  a  Late  Payment  Fee  and  additional  Interest 
Charges. “Proper Form” means that a payment sent by mail or courier 
follows these guidelines: 
•  Payments must be sent to the address on the payment coupon of 

your monthly billing statement. 

•  Payments must be made by personal check, money order, 

cashier’s check, or guaranteed funds (described below) in U.S. 
dollars payable to The Bank of Missouri. 

•  All checks or negotiable instruments must be drawn on a U.S. 

financial institution and contain proper signatures and consistent 
numeric and written amounts. 

•  Payments must not be in the form of cash or third-party checks. 
•  Your payment coupon must be included with your payment. If your 
payment  coupon  is  not  included,  your  name  and  account  number 
must be printed legibly on your check or negotiable instrument. 
Payments not made in guaranteed funds may not create available credit 
for up to fourteen (14) days to allow the payment to clear or even longer if 
circumstances warrant an additional hold, or if we deem ourselves at risk 
for any reason. Guaranteed funds which are accepted include payments 
in the form of bank or postal money orders, bank cashier’s checks, debit 
card payments, Western Union and MoneyGram. This list may change. 
Please  call  customer  service  for  a  current  list  of  payments  accepted  
as  guaranteed  funds.  Third  party  payments  are subject to  review  and 
may not immediately create available credit. At our discretion, we may 
accept late or partial payments, as well as payments that are marked 
“paid  in  full”  or  other  restrictive  endorsements,  without  losing  any  of 
our rights under this Agreement. You agree that we need not examine 
any payment check to confirm that it is not postdated, and that we may 
deposit any postdated check for payment to us on the day we receive it. 
Satisfaction of a debt for less than the full amount due or imposition of 
any other term or condition on us requires a written agreement, signed 
by our authorized representative. All written communications concerning 
disputed amounts, including a check or other payment instrument  that 
(a) indicates that the payment constitutes “payment in full” or is otherwise 
tendered as full satisfaction of a disputed amount or (b) is tendered with 
other conditions or limitations, must be marked or delivered to us at the 
address for billing inquiries shown on your monthly billing statement, not 
at the payment address. You waive presentment for payment, protest, 
notice of non-payment and of protest, and agree to any extensions of 
time of payment and partial payment before, at, or after maturity. You 
may at any time pay more than your minimum payment or pay off your 
entire balance in full without any additional charge for prepayment. No 
matter  how  large  your  payment  is  in  one  billing  cycle,  you  will  need 

to  make  a  payment  in  the  following  cycle  if  you  have  an  outstanding 
balance. You  are not authorized to use your available credit to make  
a payment on your Account and we may refuse such payments in our 
sole  discretion.  We  may  resubmit  and  electronically  collect  returned 
payments. We may also  adjust  your  Account  as  necessary to correct 
errors,  to  process  returned  and  reversed  payments,  and  to  handle 
similar issues. 

How We  Apply Payments.  Payments will be applied in a manner we 
determine  in  accordance  with  applicable  law,  and  the  application  of 
payments may change from time to time. 

Credit  Balances.  You  may  not  maintain  a  credit  balance  on  your 
Account.  If  payments  cause  a  credit  balance,  your  Account  may  be 
temporarily suspended and subject to further review.  We may reject and 
return to you any payment that creates a credit balance on your Account. 
Any credit balance we allow  will not be available until  we confirm that 
your  payment  has  cleared.  You  may  contact  us  as  provided  on  your 
monthly  billing statement  and request a  refund  of  any  available credit 
balance of $1.00 or more. If you contact us in writing, we will refund your 
credit  balance  within  7  business  days from  our  receipt  of  your  written 
request. If you do not request a refund, we will apply credit balances to 
future amounts you owe us unless a refund is required by law. 

Electronic  Check  Presentment.  By sending us a check as payment, 
you authorize us to use information on your check to make a one-time 
electronic  funds  transfer  from  your  account  at  the  financial  institution 
indicated  on  your  check  or  to  process  the  payment  as  a  check 
transaction.  When  we  use  information  from  your  check  to  make  an 
electronic  funds  transfer,  funds  may  be  withdrawn  from  your  bank 
account as soon as the same day we receive payment. If your check is 
processed electronically, your canceled check will not be returned to you 
by your financial institution. We will retain an image of your electronically 
processed check(s) as required by law. If requested prior to the time we 
are allowed by law to destroy electronically processed checks, we will 
provide you with a copy of your electronically processed check(s) upon 
your request. 

   Monthly Billing Statements, Communications and Information About You    

Monthly  Billing  Statements.  We  will  send  you  a  monthly  billing 
statement at the end of each monthly billing cycle in which your Account 
has a debit or credit balance of more than $1.00, if an Interest Charge has 
been imposed or if other Account activity has occurred. Your statement 
will arrive around the same time each month, however we reserve the 
right to change the date of your billing cycle at any time to the extent 
permitted by law. The statements we send to you will reflect the activity 
and  our  Interest  Charges,  Fees  and  other  charges  on  your  Account 
during  the  immediately  preceding monthly billing cycle.  They  will  also 
show your Total Minimum Payment Due and the due date by which we 
must receive payment. The information contained on the statement will 
be  deemed to  be  correct  unless  you  notify  us  in  accordance  with  the 
Section below entitled “Your Billing Rights”. 

Description  of  E-Statements.  You  may  elect  to  have  your  monthly 
billing  statements  and  other  required  disclosures  accompanying  your 
monthly billing statements (“E-Statements”) for your Account delivered 
to  you  electronically  in  place  of  paper  disclosures.  You    may  sign  up  
for  the  E-Statement  service  or  cancel  the  E-Statement  service  at  any 
time by logging into your Account at www.myccpay.com. Your use of the 
E-Statement service will be subject to the additional terms and conditions 
presented to you at the time of your enrollment for E-Statements. 

Communication  with  You.  We  may  contact  you  from  time  to  time 
regarding your Account. We (and our affiliates, agents and contractors) 
may  contact  you  in  any  manner  we  choose  to  the  extent  allowed  by 
applicable law. For example, we may contact you: 
(1) by mail, telephone, email, or text message; 
(2) by using an automated dialing or similar device (“autodialer”); 
(3) at your home and at your place of employment; 
(4) on your mobile, wireless or cellular telephone or similar device, which 
may result in charges to you; 
(5) at any time, including weekends and holidays; 
(6) with any frequency; 
(7)  by  leaving  prerecorded  and  other  messages  on  your  answering 
machine/service and with others; and 
(8) by identifying ourselves, your relationship with us and our purpose 
for contacting you even if others might hear or read it. 
We  may  monitor  or  record  any  conversation  or  other  communication 
with you. Unless the law states we cannot, we may modify or suppress 
caller ID and similar services and identify ourselves on these services in 
any manner we choose. You also agree that we may contact you using 
phone numbers, addresses and e-mail addresses we obtain from public 
and  nonpublic  databases  we  may  lawfully  access. Where  allowed  by 
law, we also may contact other individuals who may be able to provide 
updated employment, location, and contact information for you. Some 
of the legal purposes for calls and messages include: suspected fraud 
or  identity  theft;  obtaining  information;  transactions  on  or  servicing  of 
your Account; collecting on your Account; and providing you information 
about certain products, services and promotions. 

Account  Alert  Service.  Through  our  Account  Alert  Service,  we  will 
send  certain  alerts  about  your  Account.  You  expressly  agree  that  we 
may  send  you  Account  Alerts  through  email  messages,  SMS  text 
messages to mobile numbers you provide to us or any other means we 
may make available to you from time to time. You may adjust Account 
Alert and delivery preferences at any time by logging into your Account 
at  www.myccpay.com.  Account  Alerts  sent  via  SMS  text  messages 
can  also  be  cancelled  at  any  time  by  texting  the  reply  “STOP”  from 
your mobile phone. You are responsible for any fees or other charges 
that your wireless carrier may charge for any related data or message 
services, including without limitation SMS text services. You agree that 
Account Alerts may not be encrypted, and may include your name and 
information  pertaining  to  your  Account.  Receipt  of  any  Account  Alert 
may be delayed, or prevented by factors affecting your Internet service 
provider, phone operator, and other relevant entities. We offer Account 
Alerts solely as a convenience to you. We neither guarantee the delivery 
or the accuracy of the contents of any Account Alert. We will not be liable 
for losses or damages arising from (a) non-delivery, delayed delivery, or 
wrong delivery of any Account Alert; (b) inaccurate content in an Account 
Alert; (c) your use or reliance on the contents of any Account Alert for 
any purposes. We reserve the right to terminate any request from you 
for any Account Alert, at any time. The information in any Account Alert 
may be subject to certain time lags and/or delays. We may terminate or 
suspend the Account Alert Service at any time without notice. 

Your  Consent  for  Calls  and/or  Text  Messages  to  Your  Mobile 
Phone. When you give us or we obtain your mobile telephone number, 
you expressly agree that we (and our affiliates, agents and contractors) 
may  contact  you  at  this  number  using  an  autodialer  and  can  also  
leave prerecorded and other messages, including text messages. We 
may  do  these  things  whether  we  contact  you  or  you  contact  us.  You 
agree  you  will  be  responsible  for  any  fees  or  charges  you  incur  as  a 
result of incoming calls or text messages from us, from our affiliates or 
from any third party acting on behalf of us or our affiliates. You agree 
that your consent to receive these calls and/or text messages sent to 
your mobile phone may be revoked only by providing written notice of 

your  revocation  to  us  at  the  Notice  address  set  forth  below,  and  that 
such  revocation  notice  will  state  your  name, mailing  address, specific 
telephone number(s) for which the revocation applies, and at least the 
last four digits of your Account number so that we may identify you and 
your Account. 

Visa Account Updater. Accounts with Cards bearing the Visa logo are 
automatically  enrolled  in  the  “Visa  Account  Updater”  feature  required 
by  Visa.  This  feature  enables  the  electronic  exchange  of  Account 
information  between  Visa  and  participating  merchants  to  support 
payment continuity with credential-on-file merchants. Visa will securely 
provide updated credit card information when your Card is re-issued for 
any reason or is closed. To opt-out of the Visa Account Updater feature 
for your Account, if applicable, please contact us by calling the number 
on the back of your Card. 

Notices.  Any  notice  required  to  be  provided  to  you  under  this 
Agreement shall be given to you at your residence address shown on 
our records and shall be effective when sent by first class mail, unless 
otherwise required by Missouri law. You agree to advise us promptly of 
any change in your address. Any notice from you to us shall be sent to 
PO Box 85710, Sioux Falls, South Dakota 57118-5710 or to such other 
address as we may give you and shall be effective when received by us. 
We may, at our discretion, accept mailing address corrections from the 
United States Postal Service. 

Privacy Policy. The privacy policy for The Bank of Missouri is provided 
separately in accordance with applicable law. 

Your  Account  Information.  We  need  current  information  about  you  
to manage  your Account.  The  information  we  need  includes:  (1)  your 
legal name; (2) a valid U.S. mailing address and residential address (if 
different);  (3)  your  e-mail  address;  (4)  your  social  security  number  or 
other government identification number; (5) your telephone number(s); 
and (6) your employment and income information. You are responsible 
for promptly notifying us when this information changes. We may require 
you to provide additional documents that are acceptable to us to verify 
this  information  or  any  changes.  We  maintain  the  right  to  restrict  or 
close your Account if your information cannot be verified or if you do not 
provide additional information as requested. 

Credit  Information.  We  are  entitled  under  applicable  law,  including 
the  Fair  Credit  Reporting  Act,  to  obtain  information  about  you  from  a 
credit reporting agency and we may also verify your credit references 
and other information that you provide to us. We may obtain updated 
or additional information about you, including consumer reports, for any 
legitimate purpose including, but not limited to, the extension of credit 
to  you  or  the  review  or  collection  of  your  Account.  We  may  provide 
information about you and your Account to credit reporting agencies and 
others as provided in our privacy policy. Information we provide might 
appear  on  your  and  your  Authorized  Users’  credit  reports.  This  could 
include negative information if you do not comply with the terms of this 
Agreement. 

   Your Contract With Us 

Amendment  or  Modification.  At  any  time  and  subject  to  applicable 
law,  we  may  change  or  delete  any term  of,  or  add  new  terms to, this 
Agreement,  including  without  limitation  the  Interest  Charge,  Annual 
Percentage  Rate,  Fees,  Total Minimum  Payment  Due    amount,    and 
the  Arbitration  Provision.  Unless  prohibited  by  applicable  law,  these 
changed or  new  terms  will  apply  to any  Account  balance outstanding 
on the effective date of the change and to all future balances.  When 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
required by applicable law, we will notify you in advance of any changes, 
deletions or additions. Our notice will tell you when and how the changes 
will take effect and describe any rights you have in connection with the 
changes. 

If your Account is closed, you are still responsible for any amounts due 
on the Account pursuant to the terms of this Agreement and the Account 
will continue to accrue applicable Interest Charges and other Fees and 
charges until the Account is paid in full. 

Governing  Law.  This  Agreement  and  your  Account,  and  any  claim, 
dispute  or  controversy  (whether  in  contract,  tort,  or  otherwise)  at  any 
time  arising  from  or  relating  to  your  Account,  this  Agreement  or  any 
transferred balances, are governed by and construed in accordance with 
applicable federal law and, to the extent not preempted by federal law, 
by the laws of Missouri (without regard to internal principles of conflict 
of laws), but we rely on the provisions of Nebraska law with respect to 
the Fees that apply to your Account as authorized by Missouri Revised 
Statutes Section 408.145. 

Default.  We  may  declare  your  Account  to  be  in  default  upon  the 
occurrence of any of the following events: 
(a)  You  fail  to  make  any  payment  required  under  the  terms  of  this 
Agreement when due; 
(b) You fail to comply with any of the terms and conditions set forth in 
this Agreement; 
(c) You exceed your credit limit; 
(d) You become incapacitated or die; 
(e) You provide us with false or misleading information or signatures in 
any respect; 
(f)  We  obtain  information  that  causes  us  to  believe  that  you  may  be 
unwilling or unable to pay your debts to us on time; 
(g) We in good faith deem The Bank of Missouri to be insecure or believe 
that the prospect of payment is impaired; 
(h) You file for bankruptcy; 
(i) You move out of the U.S. or you provide us with a non-U.S. mailing 
address. 
(j)  You request an excessive number of replacement Cards. 
Upon your default, we can suspend or terminate your ability to use your 
Card  or Account,  lower  your credit  limit,  increase  your  Total Minimum 
Payment Due, demand the return of your Card(s), declare your entire 
balance  immediately  due  and  payable,  initiate  collection  activity, 
continue  to  charge  you  Interest  Charges  and  Fees  as  long  as  your 
balance remain outstanding, and exercise all other rights or remedies 
permitted by law, all without prior notice or demand except as required 
by law. You promise to pay any collection costs and attorneys’ fees that 
we incur as a result of your default. Our failure to declare your Account 
in default does not excuse you from performing all of your obligations 
under this Agreement, nor shall such failure constitute a waiver of our 
rights to declare the Account in default and terminate your ability to use 
the Account and the Card at a later time or upon the occurrence of the 
same or a different event of default. A negative credit report reflecting 
on your credit record may be submitted to one or more credit-reporting 
agencies if you fail to fulfill the terms of your credit obligations. 

Suspending or Closing Your Account. 

We May Suspend or Close Your Account: We may close or suspend 
your Card or Account and require the return of your Card for any reason, 
including  default,  without  notice  to  you  except as may be required  by 
applicable law. We may terminate  your  Account  if  you  are  or  become  
a  non-U.S.  resident  or  a  resident  of  New  York, Wisconsin,  or  a  U.S. 
territory.  Sometimes  we  close  accounts  based  not  on  your  actions  or 
inactions, but on our business needs. If we close your Account, we will 
not be liable to you for any consequences resulting from closing your 
Account or suspending your credit privileges. 

You May Close Your Account: You may cancel your Account at any 
time by notifying us by telephone or in writing. 

Refund Disclosure. We will refund your Program Fee and initial Fees 
(those Fees that are billed at the time of Account opening) if (1) you have 
not used your Card for a Purchase or Cash Advance; and (2) you have 
not made a payment on your Account after receiving a monthly billing 
statement. We will refund any partial payment of the Program Fee if you 
do not open your Account. If you later elect to close your Account and 
notify us of your election in writing within thirty (30) days or one billing 
cycle (whichever is less) after an Annual Fee appears on your monthly 
billing statement, the Annual Fee will be credited to your Account. Except 
as  described  in  this  paragraph,  Fees  are  generally  non-refundable.  If 
you elect to cancel an additional Card and notify us of your election in 
writing within thirty (30) days or one billing cycle (whichever is less) after 
an Additional Card Fee appears on your monthly billing statement, the 
Additional Card Fee will be credited to your Account. 

Severability. If any provision of this Agreement, including any portion 
of the Arbitration Provision set forth below, is determined to be invalid 
or  unenforceable  under  any  rule,  law,  or  regulation,  the  validity  or 
enforceability  of  any  other  provision  of  this  Agreement  shall  not  be 
affected,  and  in  lieu  of  such  invalid  or  unenforceable  provision  there 
shall  be  added  automatically,  as  part  of  this  Agreement,  a  provision   
as  similar  in  terms  as  may  be  valid  and  enforceable,  if  possible. 
Notwithstanding the foregoing, if a class action litigation or a class-wide 
arbitration is permitted for any reason, either party may require that the 
entire Dispute, as defined in the Section entitled “Arbitration” below, be 
heard by a judge, sitting without a jury, under applicable court rules and 
procedures. 

Attorneys  Fees  and  Costs.    Except  as  may  be  provided  otherwise   
in  this  Agreement,  you  agree  to  pay  all  costs  incurred  by  us,  our 
successors or assigns, in collecting unpaid indebtedness or in enforcing 
this  Agreement,  including  attorneys  fees  and  costs,  as  well  as  those 
costs,  expenses  and  attorneys  fees  incurred  in  appellate,  bankruptcy 
and post-judgment proceedings, except to the extent such costs, fees or 
expenses are prohibited by law. 

No Waiver by Us.  Subject to applicable law, we reserve the right not to 
impose part or all of any Fee or other amount imposed pursuant to this 
Agreement or  not to  exercise any  of  our  rights  under this Agreement, 
and should we do so, we will not waive our right to impose such Fee or 
amount or exercise such right in the future. 

Assignment. We may sell, assign or transfer all or any portion of your 
Account or any balances due under your Account without prior notice 
to  or  consent  from  you.    You    may  not  sell,  assign  or  transfer  your  
Card or your Account or any of your obligations under this Agreement. 
This  Agreement  will  be  binding  on,  and  benefit,  any  of  your  and  our 
successors and assigns. 

Entire  Agreement.  This  Agreement,  together  with  your  application, 
constitutes  the  final  expression  of    the    credit    agreement    between  
you  and us  relating to  your  Account  and supersedes  and may  not  be 
contradicted  by  evidence  of any  prior  or contemporaneous oral credit 
agreement between you and us relating to your Account. 

No  Warranties.  Except  as  otherwise  provided  in  the  Section  below 
entitled “Your Billing Rights,” we are not responsible for any claim you 
might  have  regarding  the  purchases  of  goods  or  services  made  with 
your Card. 

Merchant Refunds.  If you are entitled to a refund for goods or services 
purchased  with your Card, you will accept these refunds as credits to 
your Account. We do not control when a merchant sends us your refund. 
We  will  also  have  a  reasonable  amount  of  time after  we  receive  your 
refund to process it. 

   Arbitration 

READ  THIS  ARBITRATION  PROVISION.  UNLESS  YOU  ACT 
PROMPTLY  TO  REJECT  THE  ARBITRATION  PROVISION  BY 
OPTING OUT IN ACCORDANCE WITH PARAGRAPH b, CAPTIONED 
“OPT-OUT  PROCESS,”  THE  ARBITRATION  PROVISION  WILL  BE 
PART  OF  THIS  AGREEMENT  AND  WILL  HAVE  A  SUBSTANTIAL 
EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING 
OR  PARTICIPATE  IN  A  CLASS  ACTION,  IN  THE  EVENT  OF  A 
DISPUTE. 

a.  General:  This  Arbitration  Provision  describes  when  and  how  a 
Claim (as defined below) may be arbitrated. Arbitration is a method 
of  resolving  disputes  in  front  of  one  or  more  neutral  persons, 
instead  of  having  a  trial  in  court  in  front  of  a  judge  and/or  jury.  It 
can  be  a  quicker  and simpler  way  to  resolve  disputes. Arbitration 
proceedings  are  private  and  less  formal  than  court  trials.  Each 
party to the dispute has an opportunity to present some evidence 
to  the  arbitrator.  The  arbitrator  will  issue  a  final  and  binding 
decision resolving the dispute(s), which may be enforced as a court 
judgment. A court rarely overturns an arbitrator’s decision. As solely 
used  in  this  Arbitration  Provision,  the  terms  “we,”  “us”  and  “our” 
mean not just The Bank of Missouri but also our parent companies, 
wholly  or  majority-owned  subsidiaries,  affiliates,  commonly-  
owned companies, successors, assigns and any of these entities’ 
employees,  officers,  directors  and  agents.  For  purposes  of  this 
Arbitration Provision, these terms also mean any other third party 
providing any goods and services in connection with your Account, 
servicing  and  collection  of  amounts  due  on  your  Account,  if  you 
name that third party and us as defendants in a single proceeding. 

b.  Opt-Out Process. If you do not want this Arbitration Provision 
to apply, you may reject it by mailing us a written opt out notice 
which contains your Account number, your name and address 
and  a  signed  statement  that  you  opt  out  of  the  Arbitration 
Provision of this Agreement. The opt out notice must be sent to 
us by mail at The Bank of Missouri, PO Box 85710, Sioux Falls, 
SD 57118-5710. (You should retain a copy of your opt-out notice 
and evidence of mailing or delivery.) An opt-out notice is only 
effective if it is signed by you and if we receive it within  thirty 
(30)  days  after  the  date  we  delivered  this  Agreement  to  you. 
Indicating your desire to opt-out of this Arbitration Provision in 
any manner other than as provided above is insufficient notice. 
However, your decision to opt out of this Arbitration Provision 
will not have any other effect on this Agreement and will not 
affect  any  other  arbitration  agreement  between  you  and  us, 
which will remain in full force and effect. If you don’t reject this 
Arbitration Provision, it will be effective as of the date you were 
approved for an Account. 

c.  What  Claims  Are  Covered:  “Claim” means any claim, dispute or 
controversy between you and us that in any way arises from or relates 
to your Account, including disputes arising from actions or omissions 
on or prior to the date of this Agreement. “Claim” has the broadest 
reasonable  meaning,  and  includes  initial  claims,  counterclaims, 
cross-claims and third-party claims. It includes disputes based upon 
contract, negligence, fraud and other intentional torts, constitution, 
statute,  regulation,  ordinance,  common  law  and  equity  (including 
any claim for injunctive or declaratory relief). Despite the foregoing, 

“Claim” does not include any individual action brought by you in small 
claims court or your state’s equivalent court, unless such action is 
transferred, removed, or appealed to a different court. In addition, 
except  as  set  forth  in  the  immediately  following  sentence,  “Claim 
does not include disputes about the validity, enforceability, coverage 
or scope of this Arbitration Provision or any part thereof (including, 
without  limitation,  this  sentence,  the  prohibitions  against  class 
proceedings, private attorney general proceedings and/or multiple- 
party proceedings described in paragraph g, captioned “Prohibition 
Against  Certain  Proceedings”  (the  “Class  Action  Waiver”),  or  the 
last  sentence  of  paragraph  o,  captioned  “Severability,”);  all  such 
disputes are for a court and not an arbitrator to decide. However, 
any dispute or argument that concerns the validity or enforceability 
of  this  Agreement  as  a  whole  is  for  the  arbitrator,  not  a  court,  to 
decide. 

d.  Starting or Electing to Require Arbitration: Either you or we may 
start an arbitration of any Claim or require any Claim to be arbitrated. 
Arbitration is started by initiating an arbitration or required by giving 
written  notice  to  the  other  party  requiring  arbitration.  This  notice 
may be  given  before or  after a  lawsuit has  been started  over the 
Claim and may address any Claims brought in the lawsuit, provided 
that  a  party  may  not  pursue  a  Claim  in  a  lawsuit  and  then  seek    
to  arbitrate  that  same  Claim  unless  the  other  party  has  asserted 
another  Claim  in  the  lawsuit  or  an  arbitration.  The  notice  may  be  
in the form of a motion or petition to compel arbitration. Arbitration 
of  a  Claim must comply  with this  Arbitration  Provision  and, to the 
extent not inconsistent or in conflict with this Arbitration Provision, 
the applicable rules of the arbitration Administrator. 

e.  Choosing the Administrator: “Administrator” means the American 
Arbitration  Association  (“AAA”),  1633  Broadway,  10th  Floor,  New 
York,  NY  10019,  www.adr.org;  JAMS,  1920  Main  St.  at  Gillette 
Ave., Suite 300, Irvine, CA 92614, www.jamsadr.com, or any other 
company  selected  by  mutual  agreement  of  the    parties.    If  AAA 
and  JAMS  cannot  or  will  not  serve  and  the  parties  are  unable  to 
select an Administrator by mutual consent, the Administrator will be 
selected by a court. The party asserting the Claim (the “Claimant”) 
may  select  the  Administrator.  Notwithstanding  any  language    in 
this  Arbitration  Provision  to  the  contrary,  no  arbitration  may  be 
administered, without the consent of all parties to the arbitration, by 
any Administrator that has in place a formal or informal policy that 
purports to override the Class Action Waiver. 

f.  Court  and  Jury  Trials  Prohibited;  Other  Limitations  on  Legal 
Rights: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU 
AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM 
IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR 
AND  OUR  ABILITY  TO  OBTAIN  INFORMATION  FROM  THE 
OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN 
A LAWSUIT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE 
IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 
g.  Prohibition  Against  Certain  Proceedings:  IF  YOU  OR  WE 
ELECT  TO  ARBITRATE  A  CLAIM:  (1)    NEITHER    YOU    NOR 
WE MAY PARTICIPATE IN  A  CLASS  ACTION   IN   COURT  OR 
IN  CLASS-WIDE  ARBITRATION,  EITHER  AS  A  PLAINTIFF, 
DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE 
MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR 
IN AN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST 
YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS 
BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON;  AND  (4) 
THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT 
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL 
ARBITRATION, OR MULTIPLE-PARTY ARBITRATION. 

h.  Public  Injunctive  Relief.  If  a  Claim  is  brought  seeking  public 
injunctive  relief  and  a court determines that  the  restrictions  in  the 
Class Action Waiver and/or elsewhere in this Arbitration Provision 

prohibiting  the  arbitrator  from  awarding  relief  on  behalf  of  third 
parties  are  unenforceable  with  respect  to  such  Claim  (and  that 
determination becomes final after all appeals have been exhausted), 
the Claim for public injunctive relief will be determined in court and 
any individual Claims seeking monetary relief will be arbitrated. In 
such a case the  parties  will  request  that the court stay  the  Claim 
for  public  injunctive  relief  until  the  arbitration  award  pertaining  to 
individual relief has been entered in court. In no event will a Claim 
for public injunctive relief be arbitrated. 

i.  Location and Costs of Arbitration: Any arbitration hearing that you 
attend in person must take place at a location reasonably convenient 
to you, as determined by the arbitrator. Each Administrator charges 
fees to administer an arbitration proceeding and the arbitrator also 
charges fees. This includes fees not charged by a court. If either you 
or we require a Claim to be arbitrated, you may tell us in writing that 
you cannot afford to pay the fees charged by the Administrator and/ 
or the arbitrator or that you believe those fees are too high. If your 
request is reasonable and in good faith, we will pay or reimburse you 
for all or part of the fees charged to you by the Administrator and/ 
or arbitrator. Also, we will pay these fees if applicable law requires 
us to, if you prevail in the arbitration or if we must bear such fees 
in order for this Arbitration Provision to be enforced. We will not ask 
you to pay or reimburse us for any fees we pay the Administrator or 
arbitrator. We will bear the expense of our attorneys, experts and 
witnesses. You will bear the expense of your attorneys, experts and 
witnesses  if  we  prevail  in  an  arbitration.  However,  if  you  are  the 
Claimant, we will pay your reasonable attorney, expert and witness 
fees and costs if you prevail or if we must bear such fees and costs 
in order for this Arbitration Provision to be enforced. Also, we  will 
bear any fees and costs if applicable law requires us to do so. 
j.  Governing  Law:  This  Arbitration  Provision  is  governed  by  the 
Federal Arbitration  Act,  9  U.S.C. §§  1-16  (the  “FAA”),  and not  by 
any  state  arbitration  law.  The  arbitrator  must  apply  applicable 
substantive law consistent with the FAA and applicable statutes of 
limitations and claims of privilege recognized at law. The arbitrator 
is  authorized  to  award  all  remedies  permitted  by  the  substantive 
law that would apply if the action were pending in court (including, 
without  limitation,  punitive  damages,  which  shall  be  governed  by 
the Constitutional standards employed by the courts). At the timely 
request  of  either  party,  the  arbitrator  must  provide  a  brief  written 
explanation of the basis for the award. 

k.  Right  to  Discovery:  In  addition  to  the  parties’  rights  to  obtain 
discovery  pursuant  to  the  arbitration  rules  of  the  Administrator, 
either party may submit a written request to the arbitrator to expand 
the scope of discovery normally allowable under the arbitration rules 
of the Administrator. The arbitrator shall have discretion to grant or 
deny that request. 

l.  Arbitration Result and Right of Appeal: At the timely request of 
either  party,  the  arbitrator  shall  provide  a  written  explanation  for 
the award. Either party may appeal the arbitrator’s decision within 
30 days to a single arbitrator or a three-arbitrator panel selected in 
accordance with the Administrator’s rules, which shall resolve the 
Claim without regard to the original decision. We will pay the entire 
cost of an appeal unless we are willing to have the appeal decided 
by a single arbitrator and you insist upon a three-arbitrator panel. 
In  such  event,  you  will  be  responsible  for  paying  your  portion  of 
the  difference  in  arbitration  fees  between  a  single  arbitrator  and    
a  three-arbitrator  panel,  as  determined  by  the  panel.  However,   
we  will pay all costs to the extent required by law and/or required 
to  enforce  this  Arbitration  Provision.  The  original  award  or  any 
subsequent  award  on  the  appeal  described  above  shall  be  final 
and binding, subject to any further right to appeal provided by the 
FAA.  The  arbitrator’s  award  may  be  entered  by  any  court  having 
jurisdiction. 

m.  No  Preclusive  Effect.  No  arbitration  award  involving  the  parties 
will  have  any  preclusive  effect  as  to  issues  or  claims  in    any 
dispute involving anyone who is not a party to the arbitration, nor 
will  an  arbitration  award  in  prior  disputes  involving  other  parties 
have preclusive effect in an arbitration between the parties to this 
Arbitration Provision. 

n.  Rules of Interpretation: This Arbitration Provision is binding upon 
and  benefits  you,  your  respective  heirs,  successors  and  assigns. 
This Arbitration Provision also is binding upon and benefits us. This 
Arbitration Provision shall survive the repayment of all amounts owed 
under this Agreement, any legal proceeding and any bankruptcy, to 
the extent consistent with applicable bankruptcy law. This Arbitration 
Provision  survives  any  termination,  amendment,  expiration  or 
performance of any transaction between you and us and continues 
in full force and effect unless you and we otherwise agree in writing. 
In the event of a conflict or inconsistency between this Arbitration 
Provision, on the one hand, and the applicable arbitration rules or 
the other terms of this Agreement, on the other hand, this Arbitration 
Provision shall govern. 

o.  Severability: If any portion of this Arbitration Provision is deemed 
invalid  or  unenforceable,  such  a  finding  shall  not  invalidate  any 
remaining portion of this  Arbitration  Provision,  this  Agreement, 
or  any  other  agreement  entered  into  by  you  with  us.  However, 
notwithstanding  any  language  in  this  Arbitration  Provision  or  this 
Agreement to the contrary, the Class Action Waiver is not severable 
from  the  remainder  of  this  Arbitration  Provision  and,  in  the  event 
that the Class Action Waiver is held to be invalid and unenforceable, 
and  subject  to  any  right  of  appeal  that  may  exist  with  respect  to 
such determination, any class action or representative proceeding 
shall be determined in a court of law and will not be subject to this 
Arbitration Provision. 

p.  Notice  and  Cure;  Special  Payment:  Prior  to  initiating  a  lawsuit  
or  an  arbitration  proceeding  under  this  Arbitration  Provision,  the 
Claimant shall  give the other  party or parties  written  notice  of the 
Claim (a “Claim Notice”) and a reasonable opportunity, not less than 
30 days, to resolve the Claim. Any Claim Notice to you shall be sent 
in  writing  by  mail  to  the  address  you  have  provided  in  your  Card 
application (or any updated address you subsequently provide). Any 
Claim Notice to us shall be sent by mail to PO Box 85710, Sioux 
Falls,  SD  57118-5710  (or  any  updated  address  we  subsequently 
provide),  attn:  ARBITRATION.  Any  Claim  Notice  you  send  must 
identify  yourself  by  including  your  name,  address  and  Account 
number.  Any  Claim  Notice  must  explain  the  nature  of  the  Claim 
and the relief demanded. You may only submit a Claim Notice on 
your own behalf and not on behalf of any other party. The Claimant 
must reasonably cooperate in providing any information about the 
Claim that the other party reasonably requests and must give the 
other  party  a  reasonable  opportunity  to  respond  to  the  demand   
for relief. If: (i) you submit a Claim Notice in accordance  with this 
paragraph on your own behalf (and not on behalf of any other party); 
(ii) we refuse to provide you with the relief you request; and (iii) an 
arbitrator subsequently  determines that  you  were  entitled to such 
relief (or greater relief), the arbitrator shall award you at least $7,500 
(not including any arbitration fees and attorneys’ fees and costs to 
which you may be entitled). 

   YOUR BILLING RIGHTS 

KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the 
Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Monthly Billing Statement 
If you think there is an error on your monthly billing statement, write to 
us at the address listed on your monthly billing statement.  In your letter, 
give us the following information: 
•  Account information: Your name and Account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description  of  problem:  If  you  think  there  is  an  error  on  your  bill, 
describe  what  you  believe  is  wrong  and  why  you  believe  it  is  a 
mistake. 

1.  The purchase must have been made in your home state or within 100 
miles of your current mailing address, and the purchase price must 
have been more than $50.00. (NOTE: Neither of these are necessary 
if your purchase was based on an advertisement we mailed to you, or 
if we own the company that sold you the goods or services.) 

2.  You must have used your Card for the Purchase. Purchases made 
with Cash Advances from an ATM or with a check that accesses your 
Account do not qualify. 

3. You must not yet have fully paid for the Purchase. 

You must contact us: 
•  Within 60 days after the error first appeared on your monthly billing 

statement. 

•  At least 3 business days before an automated payment is scheduled, 

if you want to stop payment on the amount you think is wrong. 

If all of the criteria above are met and you are still dissatisfied with the 
purchase, contact us in writing at: 
The Bank of Missouri 
PO Box 85710 
Sioux Falls, SD 57118-5710 

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. 

While we investigate, the same rules apply to the disputed amount as 
discussed above. After we finish our investigation, we  will tell you our 
decision. At that point, if we think you owe an amount and you do not 
pay, we may report you as delinquent. 

   State Disclosures 

California  Residents:  A  married  applicant  may  apply  for  a  separate 
Account.  As  required  by  law,  you  are  hereby  notified  that  a  negative 
credit reporting reflecting on your credit record may be submitted to a 
Consumer Reporting Agency if you fail to fulfill the terms of your credit 
obligations. After credit approval, each applicant shall have the right to 
use the Account up to the limit of the Account. 
Delaware Residents: Service charges not in excess of those permitted 
by law will be charged on the outstanding balances from month to month. 
New York and Vermont Residents: We may obtain a consumer report 
for  any  legitimate  purpose  in  connection  with  your  Account  or  your 
application, including but not limited to reviewing, modifying, renewing 
and collecting on your Account. Upon your request, we will inform you 
of  the  names  and  addresses  of  any  Consumer  Reporting  Agencies 
that  have  furnished  the  reports.  New  York  residents  may  contact  the 
New  York  State  Banking  Department  (1-877-226-5697)  to  obtain  a 
comparative list of credit card rates, fees and grace periods. 
Ohio Residents: The Ohio laws against discrimination require that all 
creditors make credit equally available to all credit worthy customers, and 
that  Consumer  Reporting  Agencies  maintain  separate  credit  histories 
on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law. 
Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement,  unilateral  statement,  or  court  order  applying  to  marital 
property will adversely affect a creditor’s interests unless prior to the time 
credit is granted, the creditor is furnished with a copy of the agreement, 
statement, or court order, or has actual knowledge of that provision. 

© 2018. All rights reserved. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1.  Within  30  days  of  receiving  your  letter,  we  must  tell  you  that  we 
received your letter. We will also tell you if we have already corrected 
the error. 

2.  Within 90 days of receiving your letter, we must either correct the 

error or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as 

delinquent on that amount. 

•  The charge in question may remain on your billing statement, and we 

may continue to charge you interest on that amount. 

•  While you do not have to pay the amount in question, you are 

responsible for the remainder of your balance. 

•  We can apply any unpaid amount against your credit limit. 

• 

After we finish our investigation, one of two things will happen: 
• 

If we made a mistake: You will not have to pay the amount in question 
or any interest or other fees related to that amount. 
If we do not believe there was a mistake: You will have to pay the 
amount  in  question,  along  with  applicable  Interest  Charges  and 
Fees. We will send you a statement of the amount you owe and the 
date payment is due. We may then report you as delinquent if you do 
not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must 
write to us within 10 days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you 
are questioning your bill. We must tell you the name of anyone to whom 
we  reported  you  as  delinquent,  and  we  must  let  those  organizations 
know when the matter has been settled between us. If we do not follow 
all  of  the  rules  above,  you  do  not  have  to  pay  the  first  $50.00  of  the 
amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If  you  are  dissatisfied  with  the  goods  or  services  that  you  have 
purchased  with  your  credit  card,  and  you  have  tried  in  good  faith  to 
correct  the  problem  with the merchant,  you  may  have the right  not to 
pay the remaining amount due on the purchase. To use this right, all of 
the following must be true: