b'or permanently suspend your Account, you must\nalso return all Cards to us. You must still pay us\nall amounts you owe on the Account, even if they\nare charged after your Account is closed or suspended.\nAdditional Benefits and Services. From time\nto time, we may offer you benefits and services\nwith your Account. These benefits and services\nmay be provided by us or third parties. Unless\nexpressly made a part of this Agreement, and\nexcept as provided in the Arbitration of Disputes\nsection below, any such benefits and services\nare not a part of this Agreement, and are subject only to the terms and conditions outlined in\nthe benefits or services brochure and other official documents provided to you with respect to\nthe benefits and services. We may adjust, add,\nor delete benefits or services at any time in accordance with the brochures or documents you\nreceive. Except as required by applicable law, we\nare not liable for benefits or services provided by\nthird parties or the actions or omissions of those\nthird parties.\nForeign Currency Conversion. Payment must\nbe made in U.S. Dollars for charges you incur in\nany other currency. If you effect a transaction with\nyour Card in a currency other than U.S. Dollars,\nMastercard International Incorporated (\xe2\x80\x9cMastercard\xe2\x80\x9d) will convert the charge into a U.S. Dollar\namount. Mastercard will act in accordance with\nits operating regulations or conversion procedures in effect at the time that the transaction is\nprocessed. Currently, the currency conversion\nrate used by Mastercard to determine the transaction amount in U.S. Dollars for such transactions is generally either a government mandated\nrate or a wholesale rate determined by Mastercard for the processing cycle in which the transaction is processed. The currency conversion\nrate used by Mastercard on the processing date\nmay differ from the rate that would have been\nused on the Purchase date or monthly Statement posting date. We will also assess a Foreign\nCurrency Conversion Fee interest charge as described in the \xe2\x80\x9cHow Interest Charges are Determined\xe2\x80\x9d section.\nHonoring Your Card. We are not responsible if\nanyone refuses to accept your Card or Account\nfor any reason. Although you may have credit\navailable, we may decline any transaction for any\nreason. We are not liable for any refusal to honor\nyour Card or Account.\nFrom time to time, due to circumstances beyond\nour control (such as system failures, natural disasters, or other unpredictable events), our services may not be available. When this happens,\nyou may be unable to use your Card or obtain\ninformation about your Account. We will not be\nresponsible or liable if this happens.\nChange of Address, Employment and Telephone. We will send all written notices and\nStatements to your address as it appears on our\nrecords. To avoid delays and missed payments\nthat could affect your credit standing, you agree\nto promptly advise us if you change your mailing address, place of employment, or telephone\nnumber.\nSeverability. In the event that any provision of\nthis Agreement is determined to be invalid or un\n\nenforceable for any reason, the remaining provisions will remain in effect.\nEntire Agreement; Interpretation. This Agreement (including other documents incorporated\nherein by reference) constitutes the final expression of the credit agreement between you and us\nrelating to your Account. The headings used in\nthis Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of the\nAgreement.\nGoverning Law. Except as expressly set forth in\nthe Arbitration of Disputes section, this Agreement\nand the interpretation and enforcement thereof\n(including but not limited to the exportation of interest rates) will be governed by Federal law that\napplies to us, and to the extent not preempted by\nFederal law, the laws of the State of Utah, without\nregard to its conflicts of law provisions and principles. If there is any conflict between any of the\nterms and conditions of this Agreement and applicable Federal or State law, this Agreement will\nbe considered changed to the extent necessary to\ncomply with the applicable law.\nArbitration of Disputes Provision. PLEASE\nREAD THIS ARBITRATION OF DISPUTES PROVISION CAREFULLY. UNLESS YOU SEND US THE\nREJECTION NOTICE DESCRIBED BELOW, THIS\nPROVISION WILL APPLY TO YOUR ACCOUNT,\nAND MOST DISPUTES BETWEEN YOU, ON THE\nONE HAND, AND US OR ANY SERVICER OF\nYOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS FS CARD SERVICES, INC.\n(\xe2\x80\x9cGENESIS\xe2\x80\x9d), ON THE OTHER HAND, WILL BE\nSUBJECT TO INDIVIDUAL ARBITRATION. THIS\nMEANS THAT: (1) NEITHER A COURT NOR A\nJURY WILL RESOLVE ANY SUCH DISPUTE; (2)\nYOU WILL NOT BE ABLE TO PARTICIPATE IN\nA CLASS ACTION OR SIMILAR PROCEEDING;\n(3) LESS INFORMATION WILL BE AVAILABLE;\nAND (4) APPEAL RIGHTS WILL BE LIMITED.\nTHIS ARBITRATION OF DISPUTES PROVISION\nDOES NOT APPLY TO YOU IF, AS OF THE DATE\nOF THIS AGREEMENT, YOU ARE A MEMBER\nOF THE ARMED FORCES OR A DEPENDENT\nOF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT. PLEASE SEE THE SECTION OF THIS\nAGREEMENT LABELED \xe2\x80\x9cMILITARY LENDING\nACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE ENTITLED\nTO PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT, YOU MAY CONTACT US AT\n1-800-583-5698.\nThis provision replaces any existing arbitration\nprovision with us and will stay in force no matter what happens to your Account, including the\nclosing of your Account. Except as expressly provided below, you must arbitrate individually, by\nbinding arbitration under the Federal Arbitration\nAct (\xe2\x80\x9cFAA\xe2\x80\x9d), any dispute or claim between you,\nany joint Cardholder and/or Authorized User, on\nthe one hand, and us , our affiliates, and agents,\nand/or any servicer of your Account, including,\nbut not limited to, Genesis, on the other hand, if\nthe dispute or claim arises out of or is related to\n(a) this Agreement (including without limitation,\nany dispute over the validity of this Agreement to\narbitrate disputes or of this entire Agreement), or\n(b) your Account, or (c) any relationship resulting\n6\n\nfrom this Agreement, or (d) any insurance or other\nservice related to your Account, or (e) any other\nagreement related to your Account (including prior agreements) or any such service, or (f) breach\nof this Agreement or any other such agreement,\nwhether based on statute, contract, tort or any\nother legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d). However, we will\nnot require you to arbitrate any individual Claims\nin small claims court or your state\xe2\x80\x99s equivalent\ncourt, so long as it remains an individual case in\nthat court.\nYOU AGREE NOT TO PARTICIPATE IN A CLASS,\nREPRESENTATIVE OR PRIVATE ATTORNEY\nGENERAL ACTION AGAINST US OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT\nNOT LIMITED TO, GENESIS, IN COURT OR\nARBITRATION. ALSO, YOU MAY NOT BRING\nCLAIMS AGAINST US OR ANY SERVICER OF\nYOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO GENESIS, ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT CARDHOLDER\nWITH YOU OR AN AUTHORIZED USER ON YOUR\nACCOUNT (AN \xe2\x80\x9cUNRELATED CARDHOLDER\xe2\x80\x9d),\nAND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST\nUS OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS, ON\nYOUR BEHALF. CLAIMS BY YOU AND AN UNRELATED CARDHOLDER MAY NOT BE JOINED\nIN A SINGLE ARBITRATION. THE ARBITRATOR\nWILL NOT HAVE THE POWER TO CONSIDER\nSUCH CLASS, REPRESENTATIVE OR PRIVATE\nATTORNEY GENERAL ACTIONS OR ANY SUCH\nCLAIMS YOU BRING ON BEHALF OF AN UNRELATED CARDHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction. Any dispute\nregarding whether a particular controversy is\nsubject to arbitration, or the applicability or enforceability of the foregoing paragraph, will be\ndecided by a court and not by an arbitrator.\nIf you or we or any servicer of your Account, including, but not limited to, Genesis, elect to arbitrate a claim, the electing party must notify the\nother party in writing. The notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, your notice\nmust be sent to Genesis FS Card Services, Inc.,\nAttn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our notice must be sent\nto the most recent address for you in our files.\nThe arbitration will be administered by the American Arbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) under its\nrules in effect at the time an arbitration is commenced that are applicable to the resolution of\nconsumer disputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We\nwill tell you how to contact the AAA and how to\nget a copy of the Arbitration Rules without cost\nif you ask us in writing to do so. The Arbitration\nRules permit you to request deferral or reduction\nof the administrative fees of arbitration if paying\nthem would cause you a hardship. In addition, if\nyou ask us in writing, we will consider your request to pay any or all of your costs of arbitration.\nEach arbitrator shall be a licensed attorney who\nhas been engaged in the private practice of law\ncontinuously during the ten years immediately preceding the arbitration or a retired judge of\na court of general or appellate jurisdiction. The\narbitration award shall award only such relief as\n\na court of competent jurisdiction could properly\naward under applicable law, including attorneys\xe2\x80\x99\nfees if allowed by applicable law or agreement.\nAll statutes of limitation, defenses, and attorney-client and other privileges that would apply\nin a court proceeding will apply in the arbitration.\nIf any provision of this Section regarding arbitration of disputes shall be deemed to be unenforceable, the remainder of this Section shall be given\nfull force and effect. However, if the provision\nprecluding class, representative or private attorney general Claims in arbitration is deemed unenforceable, then this entire Arbitration Agreement\nshall be void and of no force and effect.\nYou may reject this provision, in which case only\na court may be used to resolve any dispute or\nclaim. Rejection will not affect any other aspect of\nthe Agreement. To reject this Provision, you must\nsend us a notice within sixty (60) days after you\nopen your Account or we first provide you with\na right to reject this Provision. This notice must\ninclude your name, address and Account Number\nand be mailed to Genesis FS Card Services, Inc.,\nAttn: Arbitration Provision, P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you\ncan reject this Provision.\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS NOTICE\nFOR FUTURE USE\nThis notice tells you about your rights and our\nresponsibilities under the Fair Credit Billing Act.\nWhat To Do If You Think You Find A Mistake On\nYour Statement\nIf you think there is an error on your Statement,\nplease write to us at: Genesis FS Card Services,\nP.O. Box 4499, Beaverton, OR 97076-4499.\nIn your letter, give us the following information:\n\xe2\x80\xa2\t\x07Account information: Your name and Account number.\n\xe2\x80\xa2\t\x07Dollar amount: The dollar amount of the\nsuspected error.\n\xe2\x80\xa2\t\x07Description of problem: If you think there\nis an error on your bill, describe what you\nbelieve is wrong and why you believe it is a\nmistake.\nYou must contact us:\n\xe2\x80\xa2\t\x07Within 60 days after the error appeared on\nyour Statement.\n\xe2\x80\xa2\t\x07At least three (3) business days before an\nautomated payment is scheduled, if you\nwant to stop payment on the amount you\nthink is wrong.\nYou 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\nmay have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two\nthings:\n1.\t\x07Within 30 days of receiving your letter, we\nmust tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n2.\t\x07Within 90 days of receiving your letter, we\nmust either correct the error or explain to\nyou why we believe the bill is correct.\n7\n\nWhile we investigate whether or not there has\nbeen an error:\n\xe2\x80\xa2\t\x07We cannot try to collect the amount in\nquestion, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2\t\x07The charge in question may remain on your\nStatement, and we may continue to charge\nyou interest on that amount.\n\xe2\x80\xa2\t\x07While you do not have to pay the amount\nin question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2\t\x07We can apply any unpaid amount against\nyour Credit Limit.\nAfter we finish our investigation, one of two\nthings will happen:\n\xe2\x80\xa2 \x07If we made a mistake: You will not have to\npay the amount in question or any interest\nor other fees related to that amount.\n\xe2\x80\xa2 \x07If we do not believe there was a mistake:\nYou will have to pay the amount in question,\nalong with applicable interest and fees.\nWe will then send you a Statement of the\namount you owe and the date payment is\ndue. We may then report you as delinquent\nif you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your\nbill is wrong, you must write to us within 10 days\ntelling us that you still refuse to pay. If you do so,\nwe cannot report you as delinquent without also\nreporting that you are questioning your bill. We\nmust tell you the name of anyone to whom we reported you as delinquent, and we must let those\norganizations know when the matter has been\nsettled between us. If we do not follow all of the\nrules above, you do not have to pay the first $50\nof the amount you question, even if your bill is\ncorrect.\nYour Rights If You Are Dissatisfied With Your\nCredit Card Purchases\nIf you are dissatisfied with the goods or services\nthat you have purchased with your credit card,\nand you have tried in good faith to correct the\nproblem with the merchant, you may have the\nright not to pay the remaining amount due on the\nPurchase. To use this right, all of the following\nmust be true:\n1.\t\x07\nThe Purchase must have been made in\nyour home state or within 100 miles of your\ncurrent mailing address, and the Purchase\nprice must have been more than $50. (Note:\nNeither of these are necessary if your Purchase was based on an advertisement we\nmailed to you, or if we own the company\nthat sold you the goods or services.)\n2.\t\x07You must have used your credit card for the\nPurchase. Purchases made with cash advances from an ATM or with a check that\naccesses your credit card account do not\nqualify.\n3.\t\x07You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still\ndissatisfied with the Purchase, contact us in writing at Genesis FS Card Services, P.O. Box 4499,\nBeaverton, OR 97076-4499. While we investigate,\nthe same rules apply to the disputed amount as\n\ndiscussed above. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay,\nwe may report you as delinquent.\nThe Card Issuer:\nFirst Electronic Bank\n\nDestiny\xe2\x84\xa2 Mastercard\xc2\xae Cardholder Agreement\n\nM-133495\n\nDear Cardholder:\nThis Agreement, as defined below, is your contract for your Account and:\n\xe2\x80\xa2 Covers the terms that govern the use of your Account;\n\xe2\x80\xa2 Outlines both your responsibilities and ours;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Truth in Lending Act;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Military Lending Act;\n\xe2\x80\xa2\t\x07Includes an Arbitration of Disputes Provision that will substantially affect your rights\nunless you reject it; and\n\xe2\x80\xa2 Contains important information about your Account.\nWe encourage you to read the Agreement and keep it for your records. Please feel free to\ncall us with any questions you may have. We look forward to serving you.\nCARDHOLDER AGREEMENT\nThis Agreement contains the terms that govern the use of your Destiny Mastercard Account and outlines both your responsibilities and ours. Please read it in its entirety and keep it for your reference. In\naddition, any written application, acceptance certificate or other request you signed or otherwise submitted for this Account (the \xe2\x80\x9cApplication\xe2\x80\x9d), your Card and the Card Carrier that we send with your Card,\nand your signature (including any electronic or digital signature) on any Application, sales slip or other\nevidence of indebtedness on your Account, are hereby incorporated into and made a part of this Agreement. This Agreement begins on the earlier of (i) the date you sign or otherwise submit an Application\nthat is approved by us, or (ii) the first date that we extend credit to you on your Account, as evidenced by\na signed sales slip or memorandum, a Cash Advance transaction, or otherwise.\nDefinitions. To simplify this Agreement for you, the definitions listed below will apply throughout, both\nin this Agreement and in your monthly Statements. In addition, the words you, your, and yours refer to\nthe Cardholder(s) who holds the Card and is responsible for the Account, each of whom is individually\nand jointly obligated under this Agreement. The words we, us, and our refer to First Electronic Bank.\nAccount: The credit card account for which you were issued a Card imprinted with your Account number\nand that is subject to all of the terms and conditions of this Agreement.\nATM: Automated Teller Machine.\nBilling Cycle: The time interval covered by a monthly Statement. Each Billing Cycle is approximately 30\ndays in length; however, the specific period of time is described on each monthly Statement. Your Account will have a Billing Cycle even if a Statement is not required.\nCard: Any Destiny Mastercard issued by us that you may use to obtain a Cash Advance, make Purchases, or lease goods or services on credit. Use of your Account number to obtain credit will be considered\na use of the Card.\nCard Carrier: The carrier that contains your Card.\nCardholder: The person to whom a Card is issued, or who has agreed to pay obligations arising from a\nCard issued to another person.\nCash Advance: Credit extended to you in the form of a cash loan through any financial institution honoring the Card either presented directly or through any other credit instrument, check, device, overdraft\ncoverage plan or ATM that we make available to you or that you use. All cash equivalent transactions\nwill be treated as Cash Advances and will be billed to the Cash Advance segment of your Account.\nTransactions that we view as \xe2\x80\x9ccash equivalent transactions\xe2\x80\x9d include without limitation using your Card\nto purchase wire transfer money orders, bets, lottery tickets, casino gaming chips, and other similar\nproducts and services.\nClosing Date: The date of the last day of a Billing Cycle.\nCredit Limit: The maximum amount of credit available to you on your Account. Your Credit Limit will be\ndisclosed on your Card Carrier and your monthly Statements.\nPurchase: Any extension of credit to your Account for the purpose of purchasing or leasing goods or\nservices from participating merchants.\nStatement: A monthly document we provide to you showing Account information including, among other things, Purchase and Cash Advance transactions, credits and debits, payments, fees, and interest\ncharges made to your Account during a Billing Cycle.\nPurchases and Cash Advances. You may use your Card to purchase or lease goods or services from\nparticipating merchants. You may also use your Card to obtain Cash Advances from your Account at an\nATM, or by presenting it to any institution that accepts the Card for that purpose. There are dollar limitations on individual Cash Advance transactions, and we may set a Cash Advance Limit for your Account.\nPlease contact us for information about the Cash Advance limitations that apply to your Account. In\naddition, we may limit your Account to only one Cash Advance transaction per day.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of your Card or\nAccount, plus any applicable interest charges and other applicable charges or fees, payable in U.S.\n\n8\n\n1\n\n\x0cdollars. This includes amounts where you did\nnot sign a purchase slip or other documents for\nthe transaction. If you use your Account number\nwithout presenting your actual Card, such as for\nmail, telephone, or internet purchases, this will be\ntreated the same way as if you presented your\nCard. Your promise to pay us will apply to your\nestate if you die.\nWe may limit and restrict the use of the Account/\nCard at our discretion. Such limitations and restrictions include, but are not limited to, gambling\ntransactions, which include, but are not limited to,\ninternet-related lottery tickets, casino gambling\nchips, off-track betting and wagers at racetracks.\nYou remain responsible for use of your Account/\nCard in any such transactions.\nThe Card may only be used for valid and lawful\npurposes. If you use, or you authorize someone\nelse to use, the Card or Account for an unlawful\nor impermissible purpose, you will be responsible\nfor such use and may be required to reimburse us\nor Mastercard for any amounts or expenses we or\nthey incur as a result of such use.\nThe Card is and remains our property, and you\nwill surrender it to us at any time upon request.\nYour Credit Limit. You may not use your Account\nin any way that would cause you to go over your\nCredit Limit. We may refuse to authorize or accept any transaction on your Account that would\ncause you to exceed your Credit Limit, even if you\nhave authorized us to charge you an Overlimit Fee\nfor doing so. We may temporarily agree to allow\nyou to exceed your Credit Limit; however, in that\ncase you must repay the excess amount according to the terms of this Agreement. Any transactions honored in excess of your Credit Limit will\nnot result in an increase of your Credit Limit. We\nmay at any time and without prior notice to you\nincrease or decrease your Credit Limit, limit the\nCredit Limit for Cash Advances or take away your\nability to obtain Cash Advances.\nMAKING PAYMENTS\nMonthly Statements. We will send a Statement\nat the end of each monthly Billing Cycle if there is\na debit or credit balance on your account of $1 or\nmore, a balance on which an interest charge has\nbeen imposed, or as otherwise required by applicable law. You agree to pay us, or any party to\nwhom we may transfer and assign your Account\nor the amounts owing under your Account, in\nU.S. dollars according to all terms and conditions\nof this Agreement. Payments made by a check,\nmoney order or other negotiable instrument must\nbe in a form acceptable to us and drawn on a U.S.\nfinancial institution.\nMonthly Minimum Payment. The Monthly Minimum Payment is 7% of your New Balance or $40\nwhichever is greater, rounded to nearest dollar. If\nyou elect not to pay your New Balance in full, you\nmust pay at least the Monthly Minimum Payment by\nthe Payment Due Date shown on your Statement,\nwhich is at least 25 days after the Closing Date of\nthe Billing Cycle. Your Monthly Minimum Payment\nalso will include any past due amounts. If your New\nBalance is less than or equal to your Monthly Minimum Payment, then your Monthly Minimum Payment will be equal to your New Balance.\nPayments should be mailed with the payment\ncoupon and in the envelope provided and fol-\n\nlowing the other instructions on the Statement to\nGenesis FS Card Services, PO Box 23030, Columbus, GA 31902-3030. Any payment received\nin that form and at that address on or before 5:00\nP.M., Eastern Time, on a normal banking day will\nbe credited to your Account that day. If your payment is received in that form and at that address\nafter 5:00 P.M., Eastern Time, on a normal banking day, or any time on a non-banking day, we\nwill credit it to your Account the next banking day.\nHowever, if your Payment Due Date occurs on a\nnon-banking day, any payment received the next\nday which conforms to the above requirements\nwill not be treated as late. Please allow at least\nseven (7) business days for postal delivery. Payments received by us at any other location or in\nany other form may not be credited as of the day\nwe receive them.\nIf we accept a payment at a place other than the\naddress in the immediately preceding paragraph,\nwe may delay the crediting of the payment for up\nto five (5) days. This may cause you to incur Late\nFees and additional interest charges, and may\nresult in your Account being declared in default.\nWe do not accept cash payments through the\nmail. You may not make payments with funds\nfrom your Account or any other credit account\nissued by us.\nWhen you provide a check as payment, you authorize us either to use information from your\ncheck to make a one-time electronic fund transfer\nfrom your account or to process the payment as a\ncheck transaction. When we use information from\nyour check to make an electronic fund transfer,\nfunds may be withdrawn from your account as\nsoon as the same day we receive your payment\nand you will not receive your check back from\nyour financial institution.\nAt any time, you may pay part or all of the full\namount you owe without incurring any additional\ncharge for prepayment. The amount of any payment that exceeds your total New Balance will\nbe applied as a credit to your Account, and any\nremaining credit balance will be refunded as required by law.\nCredit availability may be delayed at our sole discretion to ensure payment in good funds. Your\navailable credit on your Credit Limit may not reflect your payments for up to 14 days.\nApplication of Payments. For each Billing Cycle, payments up to the amount of your Monthly\nMinimum Payment will be allocated in any way\nwe determine, including to balances with lower\nAnnual Percentage Rates before balances with\nhigher Annual Percentage Rates. We will generally apply payments up to the amount of your\nMonthly Minimum Payment in a manner most favorable or convenient for us.\nFor each Billing Cycle, to the extent your payments exceed your Monthly Minimum Payment,\nwe will apply these excess amounts in the order\nrequired by applicable law.\nHOW INTEREST CHARGES ARE DETERMINED\nYour interest charge for any Billing Cycle will\ninclude the following components, the total of\nwhich constitutes your total interest charge for\nthe Billing Cycle:\n2\n\n1.\t\x07A Cash Advance Transaction Fee imposed\non each Cash Advance transaction posted\nduring a Billing Cycle, in an amount equal\nto the greater of $5 or 5% of the amount\nof each Cash Advance, not to exceed $100.\nAny unpaid Cash Advance Transaction Fee\nwill be added to the calculation of your Average Daily Balance of Cash Advances.\n2.\t\x07Periodic interest charge computed by applying the applicable Monthly Periodic\nRate or Rates, determined as provided below under Computing the Purchase and\nCash Advance Balance Monthly Periodic\nRates and Corresponding Annual Percentage Rates (APR) to:\n\t\t a.\t\x07your Average Daily Balance of Cash Advances (including new Cash Advances);\nand\n\t\t b.\t\x07your Average Daily Balance of Purchases\n(including new Purchases).\n\t\t\x07However, if the total of the amounts so\ncomputed is an amount less than $1, then\na Minimum Interest Charge Fee of $1 will be\nimposed instead of such smaller amounts.\n3.\t\x07A Foreign Currency Conversion Fee in an\namount equal to 1% of the converted U.S.\ndollar amount of each transaction, including Cash Advances and Purchases, that\nis effected in any currency other than U.S.\ndollars.\nWhen Interest Charges Begin to Accrue. Interest charges on Purchases will be imposed at\nthe applicable Monthly Periodic Rate from the\ndate each Purchase is made, and will continue to\naccrue on unpaid balances as long as they remain unpaid. However, we do not assess interest\ncharges in the following circumstances:\n1.\t\x07If you paid the New Balance at the beginning of your previous Billing Cycle by the\nPayment Due Date during the previous Billing Cycle, or if that New Balance was $0 or\na credit balance, then:\n\t\t a.\t\x07if you pay the New Balance on your current Statement in full by the Payment\nDue Date in your current Billing Cycle, we\nwill not assess interest charges on Purchases during your current Billing Cycle;\nand\n\t\t b.\t\x07if you make a payment that is less than\nthe New Balance by the Payment Due\nDate in your current Billing Cycle, we will\ncredit that payment as of the first day in\nyour current Billing Cycle.\n2.\t\x07If you had a New Balance at the beginning\nof your previous Billing Cycle and you did\nnot pay that New Balance by the Payment\nDue Date during that previous Billing Cycle,\nthen we will not assess interest charges on\nany Purchases during the current Billing\nCycle if you pay the New Balance at the beginning of your current Billing Cycle by the\nPayment Due Date in your current Billing\nCycle.\nPeriodic interest charges on Cash Advances will\nbe imposed at the applicable Monthly Periodic\nRate from the date each Cash Advance is made\nand will continue to accrue on unpaid balances\nas long as they remain unpaid. There is no grace\n\nperiod on Cash Advances and there is no period\nwithin which to pay to avoid interest charges on\nCash Advances.\nCalculating the Purchase and Cash Advance\nBalance Subject to Interest Charges\nAverage Daily Balance of Purchases (including new Purchases): To get the Average Daily\nBalance of Purchases, we take the beginning\nPurchase balance of your Account each day,\nincluding unpaid fees, interest charges on Purchases and Foreign Currency Conversion Fees\non Purchases, add any new Purchases and new\nfees as of the date of transaction, and subtract\nthe applicable portion of any payments and credits as of the transaction date. On the first day of a\nBilling Cycle, we also add any unpaid Late Fees\nand Overlimit Fees. This gives us the daily balance for Purchases. Then we add all these daily\nbalances for the Billing Cycle together and divide\nthe total by the number of days in the Billing Cycle. This gives us the Average Daily Balance of\nPurchases.\nAverage Daily Balance of Cash Advances (including new Cash Advances): To get the Average Daily Balance of Cash Advances, we take the\nbeginning Cash Advance balance of your Account\neach day, including unpaid interest charges on\nCash Advances and Foreign Currency Conversion Fees on Cash Advances, add any new Cash\nAdvances as of the date of transaction, add the\nCash Advance Transaction Fee on any Cash Advances as of the transaction date of each Cash\nAdvance, and subtract the applicable portion of\nany payments and credits as of the transaction\ndate. This gives us the daily balance for Cash Advances. Then we add all these daily balances for\nthe Billing Cycle together and divide the total by\nthe number of days in the Billing Cycle. This gives\nus the Average Daily Balance of Cash Advances.\nComputing the Purchase and Cash Advance\nBalance Monthly Periodic Rates and Corresponding Annual Percentage Rates (APR)\nMonthly Periodic Rates: The Monthly Periodic Rate is calculated by dividing the APR by 12.\nThe Purchase APR is 29.9% and the standard\nMonthly Periodic Rate for Purchases is 2.492%.\nThe Cash Advance APR is 29.9% and the Monthly\nPeriodic Rate for Cash Advances is 2.492%.\nOTHER FEES\nIn addition to interest charges, a variety of fees\nmay be applied to your Account, as set forth below.\nAnnual Fee. We will charge an initial Annual Fee\nof $125 to your Account on or about the date your\nAccount is opened and then a renewal Annual\nFee of $125 on or about each anniversary of that\ndate. The initial Annual Fee is nonrefundable; the\nrenewal Annual Fee is also nonrefundable unless\nyou notify us to cancel your Account within 30\ndays from the mailing date of the billing Statement or other communication containing the renewal Annual Fee notice.\nLate Fee. If we do not receive your Monthly Minimum Payment by the Closing Date of the Billing\nCycle in which the Payment Due Date occurs and\nthe amount past due on your Account is more than\n$9.99, we will charge a Late Fee to your Account.\nThe Late Fee is $29 if you were not charged a\nLate Fee during any of the prior six Billing Cycles.\n3\n\nOtherwise, the Late Fee is $40. The Late Fee will\nnever exceed the amount of your most recently\nrequired Monthly Minimum Payment.\nMinimum Interest Charge Fee. If the periodic\ninterest charge amounts computed in the How\nInterest Charges Are Determined section are\nan amount less than $1, then a Minimum Interest Charge Fee of $1 will be charged instead of\nsuch smaller amounts and will be treated as a fee\non your billing statement and added to your Purchases at our discretion.\nReturned Payment Fee. If any payment on your\nAccount is returned to us unpaid for any reason,\nwe will charge a Returned Payment Fee to your\nAccount. The Returned Payment Fee is $29 if you\nwere not charged a Returned Payment Fee during\nany of the prior six Billing Cycles. Otherwise, the\nReturned Payment Fee is $40. The Returned Payment Fee will never exceed the amount of your\nmost recently required Monthly Minimum Payment.\nOverlimit Fee. If you elected to have overlimit\ncoverage, we may charge an Overlimit Fee when\na transaction causes you to go over or remain\nover your Credit Limit during any Billing Cycle.\nWe may also charge you two additional Overlimit Fees if your New Balance remains over your\nCredit Limit as of the Payment Due Date in future Billing Cycles. We will only charge you one\nOverlimit Fee per Billing Cycle, even if you go over\nyour Credit Limit multiple times in the same Billing\nCycle. The Overlimit Fee is $29 if you were not\ncharged an Overlimit Fee during any of the prior\nsix Billing Cycles. Otherwise, the Overlimit Fee\nis $40. The Overlimit Fee will never exceed the\nmaximum amount you are over your Credit Limit\nduring the Billing Cycle.\nDocumentation Fee. You may request a copy\nof a Statement previously sent to you for a Documentation Fee of $3 per Statement, which will\nbe applied to your Account. Copies of sales tickets or other items posted to your Account may\nbe obtained for a Documentation Fee of $10 per\nsales ticket or other item, which will be applied to\nyour Account. Notwithstanding the foregoing, we\nwill not impose any fee in connection with a good\nfaith assertion of a billing error or other exercise\nof your Billing Rights (see below under \xe2\x80\x9cYour Billing Rights - Keep This Notice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for\nCovered Borrowers. The provisions of this section apply to Covered Borrowers. If you would\nlike more information about whether you are a\nCovered Borrower, you may contact us at 1-800583-5698.\nStatement of MAPR. Federal law provides important protections to members of the Armed\nForces and their dependents relating to extensions of consumer credit. In general, the cost of\nconsumer credit to a member of the Armed Forces and his or her dependent may not exceed an\nAnnual Percentage Rate of 36%. This rate must\ninclude, as applicable to the credit transaction or\naccount: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products\nsold in connection with the credit transaction;\n(3) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee\n\ncharged (other than certain participation fees for\na credit card account).\nOral Disclosures. In order to hear important\ndisclosures and payment information about this\nAgreement, you may call 1-800-290-6421.\nApplicability of Arbitration of Disputes Provision. The Arbitration of Disputes Provision set\nforth in this Agreement does not apply to Covered\nBorrowers.\nLOST CARDS AND UNAUTHORIZED USE\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account. If your\nCard is lost or stolen or if someone else might be\nusing it without your permission, you must tell us\nat once. You may tell us by calling the telephone\nnumber on the back of your Card or on your\nStatement or by writing us at the address on your\nStatement. You will not be responsible for the\ncharges made to your Account that are found by\nus to be unauthorized. If we reimburse your Account for unauthorized charges made using your\nCard or Account, you will help us investigate, pursue, and get reimbursement from the wrongdoer.\nYour help includes giving us documents that we\nask for and are acceptable to us.\nCOMMUNICATIONS\nTelephone Monitoring and Recording; Communications. You consent and agree that, except as restricted by applicable law, we may monitor and/or record telephone calls regarding your\nAccount, suppress caller identification services,\nuse prerecorded messages, and use an automated telephone dialing and announcing system.\nYou expressly consent that we and our agents,\nany servicer, or any subsequent owner of your\nAccount may (i) contact you at any cellular telephone number that you provided as part of your\napplication, at any number that you later provide\n(including, without limitation, after your Account\nis in a default status), or at any other number that\nis identified as related to you, including by text\nmessage, and (ii) use automated telephone dialing systems to initiate such contacts and/or leave\nrecorded messages.\nIf you provide us at any time with an email contact for your Account, you agree we may use that\nemail address to contact you about your Account\nand may send you information about products\nand services related to your Account.\nWe or our representatives may contact you from\ntime to time regarding the Account, or to ask for\nadditional information about you or your experience with us. You agree that such contacts are\nnot unsolicited and may include contacts at your\nhome or place of employment, during weekdays,\nweekends or holidays, on your mobile telephone,\nvoicemail or answering machine, or by email, fax,\nrecorded message, text message or personal\nvisit.\nHow to Revoke Consent for Future Communications: If you want to revoke your consent to\nfuture communications as described in the previous paragraph, you must send us a written notice that includes: (i) your name, mailing address,\nand Account number(s); (ii) the specific telephone\nnumber(s), email address(es) and/or mailing address(es) at which you no longer wish us to contact you, and (iii) the types of communications\n(telephone, text, email, and/or mail) for which you\n4\n\nare revoking consent. You must send this written\nnotice to: Genesis FS Card Services, P.O. Box\n4477, Beaverton, OR 97076. You understand and\nagree that it may take up to three business days\nafter receipt of your written notice to process\nyour request, and that you consent to continued\ncommunications during this period of time.\nOUR RIGHTS AND HOW THEY AFFECT YOU\nMerchant Refunds. If a merchant agrees to give\nyou a refund for goods or services purchased\nwith your Card or Account, you will accept a credit on your Account instead of a cash refund. We\ndo not control when a merchant sends us your\nrefund and we will have a reasonable amount of\ntime after we receive your refund to process it.\nNo Waiver of Rights; Disputed Amounts. We\ncan accept late or partial payments without\nlosing any of our rights under this Agreement.\nYou agree not to send us partial payments\nmarked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse,\xe2\x80\x9d or\nsimilar language. If you send such a payment,\nwe may accept it without losing any of our\nrights under this Agreement. All written communications concerning disputed amounts,\nincluding any check or other payment instrument that indicated that the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed\nor that is tendered with other conditions or\nlimitations or as full satisfaction of a disputed\namount, must be mailed or delivered to Genesis FS Card Services, P.O. Box 4499, Beaverton, Oregon 97076.\nCredit Reports and Information. You authorize\nus to make or have made any credit, employment,\nor other investigative inquiries we deem appropriate to extend you credit or collect amounts\nowed to us on your Account. We (including any\nassignee of the Account or amounts owing under\nthe Account) may also obtain information about\nyou from credit reporting agencies or others at\nany time and use it for the purposes of monitoring\nyour credit performance, managing your Account\nand considering you for new offers and programs.\nNotice of Inaccurate Information. If you believe\nthat we have information about you that is inaccurate or that we have reported or may report to\na credit reporting agency information about you\nthat is inaccurate, please notify us of the specific\ninformation that you believe is inaccurate by writing to us at Genesis FS Card Services, P.O. Box\n4499, Beaverton, OR 97076.\nDefault and Collection. Unless prohibited by applicable law, your Account is considered to be in\ndefault if (1) you fail to make the required Monthly Minimum Payment on or before the Payment\nDue Date, including if your payment is returned or\ncannot be processed and you do not correct that\nfailure within 31 days, (2) you try to exceed or do\nexceed your Credit Limit without permission and\ndo not bring your Account back under your Credit\nLimit within 31 days, (3) you become subject to\nbankruptcy or insolvency proceedings, (4) you\nbecome subject to attachment or garnishment\nproceedings, (5) you give us any false information\nor signature, (6) you die, or (7) you fail to comply\nwith any portion of this Agreement. Our accepting\na late or partial payment does not waive default.\nDefault on this Account will constitute default on\nall accounts you hold with us. Subject to any notice of default and right to cure or other restric-\n\ntions of applicable law, if you are in default, we\nmay declare the entire balance due immediately.\nYou agree to pay our reasonable costs and attorneys\xe2\x80\x99 fees and expenses related to the collection\nof your Account, and retrieving your Card, to the\nextent permitted by applicable laws.\nChange of Terms. Subject to the limitations of\napplicable law, we may, at any time, change\nor remove any of the terms and conditions of,\nor add new terms or conditions to, this Agreement. If required by applicable law, we will\nmail written notice of such a change to you\nin the manner required by such law. As of the\neffective date, the changed or new terms will\napply to new Purchases and Cash Advances\nand also to the outstanding balance of your\nAccount, subject to the limitations of applicable law.\nDelay in Enforcement. We can delay enforcing\nour rights under this Agreement without losing\nthem.\nOTHER PROVISIONS\nOwnership and Use of Your Card. As the Cardholder, you are liable for all credit obtained under\nyour Account. If you authorize another person to\nuse your Card, you are liable for any credit obtained on your Account for as long as that person\nholds the Card. In addition, you will remain liable\nuntil you recover possession of the Card. Misuse\nof your Card by an authorized person will not be\nconsidered unauthorized use. See \xe2\x80\x9cLost Cards\nand Unauthorized Use\xe2\x80\x9d above. Upon demand,\nyou must immediately return any Card we supply\nto you or destroy the Card by cutting it in half.\nTransactions. You will retain for Statement verification your copy of each Purchase slip, Cash\nAdvance or other transaction to your Account.\nTransfer of Your Account. You may not transfer your Account to any other person. We may\nassign your Account or amounts owing under\nyour Account to any other person at any time\nand the assignee will take our place under the\nAgreement with respect to all agreements and\ninterests transferred. You must pay the assignee\nand otherwise perform your obligations under the\nassigned agreements and interests.\nClosing or Suspending Your Account. We may\nclose or suspend your Account or your ability to\nobtain credit on your Account, or both, at any\ntime, for any reason permitted by law and with or\nwithout advance notice.\nYou may close your Account at any time by contacting us. The closure of Account will not become effective until you have returned to us all of\nthe Cards we have given you. If you have a joint\nAccount and want to remove one of the names\nfrom the Account, we must receive a written request signed by both of the Cardholders on the\nAccount and all Cards must be returned upon\nrequest. No party is released from the obligation\nfor the balance owing on a joint Account, unless\nwe agree to the arrangements in writing. You may\nhave to reapply for a new Card for an individual\nAccount when you request a change from a joint\nAccount to an individual Account.\nIf your Account is closed or suspended for any\nreason, you must stop using your Card. You\nmust also cancel all billing arrangements to the\nAccount. We will not do this for you. If we close\n5\n\n\x0c'


b'Pricing Addendum\n\n\x0c'


b'Destiny\xe2\x84\xa2 Mastercard\xc2\xae Account\nFirst Electronic Bank\n\nM-133846\n\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\n35.90%\n\nAPR for Cash Advances\n\n35.90%\n\nPenalty APR and When It\nApplies\n\nNone.\n\nPaying Interest\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge\nyou any interest on purchases if you pay your entire balance by the due date each\nmonth. We will begin charging interest on cash advances on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit\nthe website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nFees\nSet Up and Maintenance Fees\n\nNOTICE: Some of these set up and maintenance fees will be assessed before you begin\nusing your card and will reduce the amount of credit you initially have available. Based\non the credit line of $500, your initial available credit will be only about $375.\nYou may reject this plan, provided that you have not yet used the account or paid a fee\nafter receiving a billing statement. If you do reject this plan, you are not responsible for\nany fees or charges.\n\n\xe2\x80\xa2 Monthly Fee\n\n$0 the first year; $124.80 annually thereafter (billed $10.40 each month)\n\n\xe2\x80\xa2 Annual Fee\n\n$125 the first year; $49 thereafter\n\nTransaction Fees\n\xe2\x80\xa2 Cash Advance Fee\n\n$5 or 5% of the amount of each transaction, whichever is greater (not to exceed $100)\n\n\xe2\x80\xa2 Foreign Transaction Fee\n\n1% of each transaction in U.S. dollars\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment Fee\n\nUp to $40\n\n\xe2\x80\xa2 Overlimit Fee\n\nUp to $40\n\n\xe2\x80\xa2 Returned Payment Fee\n\nUp to $40\n\nHow We Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases)\xe2\x80\x9d. See your\nCardholder Agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your\nCardholder Agreement.\n\n\x0c'


b'Account. We will not do this for you. If we close\nor permanently suspend your Account, you must\nalso return all Cards to us. You must still pay us\nall amounts you owe on the Account, even if they\nare charged after your Account is closed or suspended.\nAdditional Benefits and Services. From time\nto time, we may offer you benefits and services\nwith your Account. These benefits and services\nmay be provided by us or third parties. Unless\nexpressly made a part of this Agreement, and\nexcept as provided in the Arbitration of Disputes\nsection below, any such benefits and services\nare not a part of this Agreement, and are subject only to the terms and conditions outlined in\nthe benefits or services brochure and other official documents provided to you with respect to\nthe benefits and services. We may adjust, add,\nor delete benefits or services at any time in accordance with the brochures or documents you\nreceive. Except as required by applicable law, we\nare not liable for benefits or services provided by\nthird parties or the actions or omissions of those\nthird parties.\nForeign Currency Conversion. Payment must\nbe made in U.S. Dollars for charges you incur in\nany other currency. If you effect a transaction with\nyour Card in a currency other than U.S. Dollars,\nMastercard International Incorporated (\xe2\x80\x9cMastercard\xe2\x80\x9d) will convert the charge into a U.S. Dollar\namount. Mastercard will act in accordance with\nits operating regulations or conversion procedures in effect at the time that the transaction is\nprocessed. Currently, the currency conversion\nrate used by Mastercard to determine the transaction amount in U.S. Dollars for such transactions is generally either a government mandated\nrate or a wholesale rate determined by Mastercard for the processing cycle in which the transaction is processed. The currency conversion\nrate used by Mastercard on the processing date\nmay differ from the rate that would have been\nused on the Purchase date or monthly Statement posting date. We will also assess a Foreign\nCurrency Conversion Fee interest charge as described in the \xe2\x80\x9cHow Interest Charges are Determined\xe2\x80\x9d section.\nHonoring Your Card. We are not responsible if\nanyone refuses to accept your Card or Account\nfor any reason. Although you may have credit\navailable, we may decline any transaction for any\nreason. We are not liable for any refusal to honor\nyour Card or Account.\nFrom time to time, due to circumstances beyond\nour control (such as system failures, natural disasters, or other unpredictable events), our services may not be available. When this happens,\nyou may be unable to use your Card or obtain\ninformation about your Account. We will not be\nresponsible or liable if this happens.\nChange of Address, Employment and Telephone. We will send all written notices and\nStatements to your address as it appears on our\nrecords. To avoid delays and missed payments\nthat could affect your credit standing, you agree\nto promptly advise us if you change your mailing address, place of employment, or telephone\nnumber.\nSeverability. In the event that any provision of\nthis Agreement is determined to be invalid or un-\n\nenforceable for any reason, the remaining provisions will remain in effect.\nEntire Agreement; Interpretation. This Agreement\n(including other documents incorporated herein\nby reference) constitutes the final expression of\nthe credit agreement between you and us relating to your Account. The headings used in this\nAgreement are for the convenience of reference\nonly and are not intended to define or describe\nthe scope or intent of any portion of the Agreement.\nGoverning Law. Except as expressly set forth in\nthe Arbitration of Disputes section, this Agreement and the interpretation and enforcement\nthereof (including but not limited to the exportation of interest rates) will be governed by Federal law that applies to us, and to the extent not\npreempted by Federal law, the laws of the State\nof Utah, without regard to its conflicts of law\nprovisions and principles. If there is any conflict\nbetween any of the terms and conditions of this\nAgreement and applicable Federal or State law,\nthis Agreement will be considered changed to the\nextent necessary to comply with the applicable\nlaw.\nArbitration of Disputes Provision. PLEASE\nREAD THIS ARBITRATION OF DISPUTES PROVISION CAREFULLY. UNLESS YOU SEND US THE\nREJECTION NOTICE DESCRIBED BELOW, THIS\nPROVISION WILL APPLY TO YOUR ACCOUNT,\nAND MOST DISPUTES BETWEEN YOU, ON THE\nONE HAND, AND US OR ANY SERVICER OF\nYOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS FS CARD SERVICES, INC.\n(\xe2\x80\x9cGENESIS\xe2\x80\x9d), ON THE OTHER HAND, WILL BE\nSUBJECT TO INDIVIDUAL ARBITRATION. THIS\nMEANS THAT: (1) NEITHER A COURT NOR A\nJURY WILL RESOLVE ANY SUCH DISPUTE; (2)\nYOU WILL NOT BE ABLE TO PARTICIPATE IN\nA CLASS ACTION OR SIMILAR PROCEEDING;\n(3) LESS INFORMATION WILL BE AVAILABLE;\nAND (4) APPEAL RIGHTS WILL BE LIMITED.\nTHIS ARBITRATION OF DISPUTES PROVISION\nDOES NOT APPLY TO YOU IF, AS OF THE DATE\nOF THIS AGREEMENT, YOU ARE A MEMBER\nOF THE ARMED FORCES OR A DEPENDENT\nOF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT. PLEASE SEE THE SECTION OF THIS\nAGREEMENT LABELED \xe2\x80\x9cMILITARY LENDING\nACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE ENTITLED\nTO PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT, YOU MAY CONTACT US AT\n1-800-583-5698.\nThis provision replaces any existing arbitration\nprovision with us and will stay in force no matter what happens to your Account, including the\nclosing of your Account. Except as expressly provided below, you must arbitrate individually, by\nbinding arbitration under the Federal Arbitration\nAct (\xe2\x80\x9cFAA\xe2\x80\x9d), any dispute or claim between you,\nany joint Cardholder and/or Authorized User, on\nthe one hand, and us , our affiliates, and agents,\nand/or any servicer of your Account, including,\nbut not limited to, Genesis, on the other hand, if\nthe dispute or claim arises out of or is related to\n(a) this Agreement (including without limitation,\nany dispute over the validity of this Agreement to\narbitrate disputes or of this entire Agreement), or\n6\n\n(b) your Account, or (c) any relationship resulting\nfrom this Agreement, or (d) any insurance or other\nservice related to your Account, or (e) any other\nagreement related to your Account (including prior agreements) or any such service, or (f) breach\nof this Agreement or any other such agreement,\nwhether based on statute, contract, tort or any\nother legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d). However, we will\nnot require you to arbitrate any individual Claims\nin small claims court or your state\xe2\x80\x99s equivalent\ncourt, so long as it remains an individual case in\nthat court.\nYOU AGREE NOT TO PARTICIPATE IN A CLASS,\nREPRESENTATIVE OR PRIVATE ATTORNEY\nGENERAL ACTION AGAINST US OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT\nNOT LIMITED TO, GENESIS, IN COURT OR\nARBITRATION. ALSO, YOU MAY NOT BRING\nCLAIMS AGAINST US OR ANY SERVICER OF\nYOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO GENESIS, ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT CARDHOLDER\nWITH YOU OR AN AUTHORIZED USER ON YOUR\nACCOUNT (AN \xe2\x80\x9cUNRELATED CARDHOLDER\xe2\x80\x9d),\nAND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST\nUS OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS, ON\nYOUR BEHALF. CLAIMS BY YOU AND AN UNRELATED CARDHOLDER MAY NOT BE JOINED\nIN A SINGLE ARBITRATION. THE ARBITRATOR\nWILL NOT HAVE THE POWER TO CONSIDER\nSUCH CLASS, REPRESENTATIVE OR PRIVATE\nATTORNEY GENERAL ACTIONS OR ANY SUCH\nCLAIMS YOU BRING ON BEHALF OF AN UNRELATED CARDHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction. Any dispute\nregarding whether a particular controversy is\nsubject to arbitration, or the applicability or enforceability of the foregoing paragraph, will be\ndecided by a court and not by an arbitrator.\nIf you or we or any servicer of your Account, including, but not limited to, Genesis, elect to arbitrate a claim, the electing party must notify the\nother party in writing. The notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, your notice\nmust be sent to Genesis FS Card Services, Inc.,\nAttn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our notice must be sent\nto the most recent address for you in our files.\nThe arbitration will be administered by the American Arbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) under its\nrules in effect at the time an arbitration is commenced that are applicable to the resolution of\nconsumer disputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We\nwill tell you how to contact the AAA and how to\nget a copy of the Arbitration Rules without cost\nif you ask us in writing to do so. The Arbitration\nRules permit you to request deferral or reduction\nof the administrative fees of arbitration if paying\nthem would cause you a hardship. In addition, if\nyou ask us in writing, we will consider your request to pay any or all of your costs of arbitration.\nEach arbitrator shall be a licensed attorney who\nhas been engaged in the private practice of law\ncontinuously during the ten years immediately preceding the arbitration or a retired judge of\na court of general or appellate jurisdiction. The\n\narbitration award shall award only such relief as\na court of competent jurisdiction could properly\naward under applicable law, including attorneys\xe2\x80\x99\nfees if allowed by applicable law or agreement.\nAll statutes of limitation, defenses, and attorney-client and other privileges that would apply\nin a court proceeding will apply in the arbitration.\nIf any provision of this Section regarding arbitration of disputes shall be deemed to be unenforceable, the remainder of this Section shall be given\nfull force and effect. However, if the provision\nprecluding class, representative or private attorney general Claims in arbitration is deemed unenforceable, then this entire Arbitration Agreement\nshall be void and of no force and effect.\nYou may reject this provision, in which case only\na court may be used to resolve any dispute or\nclaim. Rejection will not affect any other aspect of\nthe Agreement. To reject this Provision, you must\nsend us a notice within sixty (60) days after you\nopen your Account or we first provide you with\na right to reject this Provision. This notice must\ninclude your name, address and Account Number\nand be mailed to Genesis FS Card Services, Inc.,\nAttn: Arbitration Provision, P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you\ncan reject this Provision.\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS NOTICE\nFOR FUTURE USE\nThis notice tells you about your rights and our\nresponsibilities under the Fair Credit Billing Act.\nWhat To Do If You Think You Find A Mistake On\nYour Statement\nIf you think there is an error on your Statement,\nplease write to us at: Genesis FS Card Services,\nP.O. Box 4499, Beaverton, OR 97076-4499.\nIn your letter, give us the following information:\n\xe2\x80\xa2\t\x07Account information: Your name and Account number.\n\xe2\x80\xa2\t\x07Dollar amount: The dollar amount of the\nsuspected error.\n\xe2\x80\xa2\t\x07Description of problem: If you think there\nis an error on your bill, describe what you\nbelieve is wrong and why you believe it is a\nmistake.\nYou must contact us:\n\xe2\x80\xa2\t\x07Within 60 days after the error appeared on\nyour Statement.\n\xe2\x80\xa2\t\x07At least three (3) business days before an\nautomated payment is scheduled, if you\nwant to stop payment on the amount you\nthink is wrong.\nYou 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\nmay have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two\nthings:\n1.\t\x07Within 30 days of receiving your letter, we\nmust tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n\n7\n\n2.\t\x07Within 90 days of receiving your letter, we\nmust either correct the error or explain to\nyou why we believe the bill is correct.\nWhile we investigate whether or not there has\nbeen an error:\n\xe2\x80\xa2\t\x07We cannot try to collect the amount in\nquestion, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2\t\x07The charge in question may remain on your\nStatement, and we may continue to charge\nyou interest on that amount.\n\xe2\x80\xa2\t\x07While you do not have to pay the amount\nin question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2\t\x07We can apply any unpaid amount against\nyour Credit Limit.\nAfter we finish our investigation, one of two things\nwill happen:\n\xe2\x80\xa2 \x07If we made a mistake: You will not have to\npay the amount in question or any interest\nor other fees related to that amount.\n\xe2\x80\xa2 \x07If we do not believe there was a mistake:\nYou will have to pay the amount in question,\nalong with applicable interest and fees.\nWe will then send you a Statement of the\namount you owe and the date payment is\ndue. We may then report you as delinquent\nif you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your\nbill is wrong, you must write to us within 10 days\ntelling us that you still refuse to pay. If you do so,\nwe cannot report you as delinquent without also\nreporting that you are questioning your bill. We\nmust tell you the name of anyone to whom we reported you as delinquent, and we must let those\norganizations know when the matter has been\nsettled between us. If we do not follow all of the\nrules above, you do not have to pay the first $50\nof the amount you question, even if your bill is\ncorrect.\nYour Rights If You Are Dissatisfied With Your\nCredit Card Purchases\nIf you are dissatisfied with the goods or services\nthat you have purchased with your credit card,\nand you have tried in good faith to correct the\nproblem with the merchant, you may have the\nright not to pay the remaining amount due on the\nPurchase. To use this right, all of the following\nmust be true:\n1.\t\x07\nThe Purchase must have been made in\nyour home state or within 100 miles of your\ncurrent mailing address, and the Purchase\nprice must have been more than $50. (Note:\nNeither of these are necessary if your Purchase was based on an advertisement we\nmailed to you, or if we own the company\nthat sold you the goods or services.)\n2.\t\x07You must have used your credit card for the\nPurchase. Purchases made with cash advances from an ATM or with a check that\naccesses your credit card account do not\nqualify.\n3.\t\x07You must not yet have fully paid for the Purchase.\n\nIf all of the criteria above are met and you are still\ndissatisfied with the Purchase, contact us in writing at Genesis FS Card Services, P.O. Box 4499,\nBeaverton, OR 97076-4499. While we investigate,\nthe same rules apply to the disputed amount as\ndiscussed above. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay,\nwe may report you as delinquent.\nThe Card Issuer:\nFirst Electronic Bank\n\nDestiny\xe2\x84\xa2 Mastercard\xc2\xae Cardholder Agreement\n\nM-133496\n\nDear Cardholder:\nThis Agreement, as defined below, is your contract for your Account and:\n\xe2\x80\xa2 Covers the terms that govern the use of your Account;\n\xe2\x80\xa2 Outlines both your responsibilities and ours;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Truth in Lending Act;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Military Lending Act;\n\xe2\x80\xa2\t\x07Includes an Arbitration of Disputes Provision that will substantially affect your rights\nunless you reject it; and\n\xe2\x80\xa2 Contains important information about your Account.\nWe encourage you to read the Agreement and keep it for your records. Please feel free to\ncall us with any questions you may have. We look forward to serving you.\nCARDHOLDER AGREEMENT\nThis Agreement contains the terms that govern the use of your Destiny Mastercard Account and outlines both your responsibilities and ours. Please read it in its entirety and keep it for your reference. In\naddition, any written application, acceptance certificate or other request you signed or otherwise submitted for this Account (the \xe2\x80\x9cApplication\xe2\x80\x9d), your Card and the Card Carrier that we send with your Card,\nand your signature (including any electronic or digital signature) on any Application, sales slip or other\nevidence of indebtedness on your Account, are hereby incorporated into and made a part of this Agreement. This Agreement begins on the earlier of (i) the date you sign or otherwise submit an Application\nthat is approved by us, or (ii) the first date that we extend credit to you on your Account, as evidenced by\na signed sales slip or memorandum, a Cash Advance transaction, or otherwise.\nDefinitions. To simplify this Agreement for you, the definitions listed below will apply throughout, both\nin this Agreement and in your monthly Statements. In addition, the words you, your, and yours refer to\nthe Cardholder(s) who holds the Card and is responsible for the Account, each of whom is individually\nand jointly obligated under this Agreement. The words we, us, and our refer to First Electronic Bank.\nAccount: The credit card account for which you were issued a Card imprinted with your Account number\nand that is subject to all of the terms and conditions of this Agreement.\nATM: Automated Teller Machine.\nBilling Cycle: The time interval covered by a monthly Statement. Each Billing Cycle is approximately 30\ndays in length; however, the specific period of time is described on each monthly Statement. Your Account will have a Billing Cycle even if a Statement is not required.\nCard: Any Destiny Mastercard issued by us that you may use to obtain a Cash Advance, make Purchases, or lease goods or services on credit. Use of your Account number to obtain credit will be considered\na use of the Card.\nCard Carrier: The carrier that contains your Card.\nCardholder: The person to whom a Card is issued, or who has agreed to pay obligations arising from a\nCard issued to another person.\nCash Advance: Credit extended to you in the form of a cash loan through any financial institution honoring the Card either presented directly or through any other credit instrument, check, device, overdraft\ncoverage plan or ATM that we make available to you or that you use. All cash equivalent transactions\nwill be treated as Cash Advances and will be billed to the Cash Advance segment of your Account.\nTransactions that we view as \xe2\x80\x9ccash equivalent transactions\xe2\x80\x9d include without limitation using your Card\nto purchase wire transfer money orders, bets, lottery tickets, casino gaming chips, and other similar\nproducts and services.\nClosing Date: The date of the last day of a Billing Cycle.\nCredit Limit: The maximum amount of credit available to you on your Account. Your Credit Limit will be\ndisclosed on your Card Carrier and your monthly Statements.\nPurchase: Any extension of credit to your Account for the purpose of purchasing or leasing goods or\nservices from participating merchants.\nStatement: A monthly document we provide to you showing Account information including, among other things, Purchase and Cash Advance transactions, credits and debits, payments, fees, and interest\ncharges made to your Account during a Billing Cycle.\nPurchases and Cash Advances. You may use your Card to purchase or lease goods or services from\nparticipating merchants. You may also use your Card to obtain Cash Advances from your Account at an\nATM, or by presenting it to any institution that accepts the Card for that purpose. There are dollar limitations on individual Cash Advance transactions, and we may set a Cash Advance Limit for your Account.\nPlease contact us for information about the Cash Advance limitations that apply to your Account. In\naddition, we may limit your Account to only one Cash Advance transaction per day.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of your Card or\nAccount, plus any applicable interest charges and other applicable charges or fees, payable in U.S.\n\n8\n\n1\n\n\x0cdollars. This includes amounts where you did\nnot sign a purchase slip or other documents for\nthe transaction. If you use your Account number\nwithout presenting your actual Card, such as for\nmail, telephone, or internet purchases, this will be\ntreated the same way as if you presented your\nCard. Your promise to pay us will apply to your\nestate if you die.\nWe may limit and restrict the use of the Account/\nCard at our discretion. Such limitations and restrictions include, but are not limited to, gambling\ntransactions, which include, but are not limited to,\ninternet-related lottery tickets, casino gambling\nchips, off-track betting and wagers at racetracks.\nYou remain responsible for use of your Account/\nCard in any such transactions.\nThe Card may only be used for valid and lawful\npurposes. If you use, or you authorize someone\nelse to use, the Card or Account for an unlawful\nor impermissible purpose, you will be responsible\nfor such use and may be required to reimburse us\nor Mastercard for any amounts or expenses we or\nthey incur as a result of such use.\nThe Card is and remains our property, and you\nwill surrender it to us at any time upon request.\nYour Credit Limit. You may not use your Account\nin any way that would cause you to go over your\nCredit Limit. We may refuse to authorize or accept any transaction on your Account that would\ncause you to exceed your Credit Limit, even if you\nhave authorized us to charge you an Overlimit Fee\nfor doing so. We may temporarily agree to allow\nyou to exceed your Credit Limit; however, in that\ncase you must repay the excess amount according to the terms of this Agreement. Any transactions honored in excess of your Credit Limit will\nnot result in an increase of your Credit Limit. We\nmay at any time and without prior notice to you\nincrease or decrease your Credit Limit, limit the\nCredit Limit for Cash Advances or take away your\nability to obtain Cash Advances.\nMAKING PAYMENTS\nMonthly Statements. We will send a Statement\nat the end of each monthly Billing Cycle if there is\na debit or credit balance on your account of $1 or\nmore, a balance on which an interest charge has\nbeen imposed, or as otherwise required by applicable law. You agree to pay us, or any party to\nwhom we may transfer and assign your Account\nor the amounts owing under your Account, in\nU.S. dollars according to all terms and conditions\nof this Agreement. Payments made by a check,\nmoney order or other negotiable instrument must\nbe in a form acceptable to us and drawn on a U.S.\nfinancial institution.\nMonthly Minimum Payment. The Monthly Minimum Payment is 7% of your New Balance or $40\nwhichever is greater, rounded to nearest dollar. If\nyou elect not to pay your New Balance in full, you\nmust pay at least the Monthly Minimum Payment by\nthe Payment Due Date shown on your Statement,\nwhich is at least 25 days after the Closing Date of\nthe Billing Cycle. Your Monthly Minimum Payment\nalso will include any past due amounts. If your New\nBalance is less than or equal to your Monthly Minimum Payment, then your Monthly Minimum Payment will be equal to your New Balance.\nPayments should be mailed with the payment\ncoupon and in the envelope provided and fol-\n\nlowing the other instructions on the Statement to\nGenesis FS Card Services, PO Box 23030, Columbus, GA 31902-3030. Any payment received\nin that form and at that address on or before 5:00\nP.M., Eastern Time, on a normal banking day will\nbe credited to your Account that day. If your payment is received in that form and at that address\nafter 5:00 P.M., Eastern Time, on a normal banking day, or any time on a non-banking day, we\nwill credit it to your Account the next banking day.\nHowever, if your Payment Due Date occurs on a\nnon-banking day, any payment received the next\nday which conforms to the above requirements\nwill not be treated as late. Please allow at least\nseven (7) business days for postal delivery. Payments received by us at any other location or in\nany other form may not be credited as of the day\nwe receive them.\nIf we accept a payment at a place other than the\naddress in the immediately preceding paragraph,\nwe may delay the crediting of the payment for up\nto five (5) days. This may cause you to incur Late\nFees and additional interest charges, and may\nresult in your Account being declared in default.\nWe do not accept cash payments through the\nmail. You may not make payments with funds\nfrom your Account or any other credit account\nissued by us.\nWhen you provide a check as payment, you authorize us either to use information from your\ncheck to make a one-time electronic fund transfer\nfrom your account or to process the payment as a\ncheck transaction. When we use information from\nyour check to make an electronic fund transfer,\nfunds may be withdrawn from your account as\nsoon as the same day we receive your payment\nand you will not receive your check back from\nyour financial institution.\nAt any time, you may pay part or all of the full\namount you owe without incurring any additional\ncharge for prepayment. The amount of any payment that exceeds your total New Balance will\nbe applied as a credit to your Account, and any\nremaining credit balance will be refunded as required by law.\nCredit availability may be delayed at our sole discretion to ensure payment in good funds. Your\navailable credit on your Credit Limit may not reflect your payments for up to 14 days.\nApplication of Payments. For each Billing Cycle, payments up to the amount of your Monthly\nMinimum Payment will be allocated in any way\nwe determine, including to balances with lower\nAnnual Percentage Rates before balances with\nhigher Annual Percentage Rates. We will generally apply payments up to the amount of your\nMonthly Minimum Payment in a manner most favorable or convenient for us.\nFor each Billing Cycle, to the extent your payments exceed your Monthly Minimum Payment,\nwe will apply these excess amounts in the order\nrequired by applicable law.\nHOW INTEREST CHARGES ARE DETERMINED\nYour interest charge for any Billing Cycle will\ninclude the following components, the total of\nwhich constitutes your total interest charge for\nthe Billing Cycle:\n2\n\n1.\t\x07A Cash Advance Transaction Fee imposed\non each Cash Advance transaction posted\nduring a Billing Cycle, in an amount equal\nto the greater of $5 or 5% of the amount\nof each Cash Advance, not to exceed $100.\nAny unpaid Cash Advance Transaction Fee\nwill be added to the calculation of your Average Daily Balance of Cash Advances.\n2.\t\x07Periodic interest charge computed by applying the applicable Monthly Periodic\nRate or Rates, determined as provided below under Computing the Purchase and\nCash Advance Balance Monthly Periodic\nRates and Corresponding Annual Percentage Rates (APR) to:\n\t\t\x07a.\t\x07your Average Daily Balance of Cash Advances (including new Cash Advances);\nand\n\t\t b.\t\x07your Average Daily Balance of Purchases\n(including new Purchases).\n\t\t\t\x07However, if the total of the amounts so\ncomputed is an amount less than $1,\nthen a Minimum Interest Charge Fee of\n$1 will be imposed instead of such smaller amounts.\n3.\t\x07A Foreign Currency Conversion Fee in an\namount equal to 1% of the converted U.S.\ndollar amount of each transaction, including Cash Advances and Purchases, that\nis effected in any currency other than U.S.\ndollars.\nWhen Interest Charges Begin to Accrue. Interest charges on Purchases will be imposed at\nthe applicable Monthly Periodic Rate from the\ndate each Purchase is made, and will continue to\naccrue on unpaid balances as long as they remain unpaid. However, we do not assess interest\ncharges in the following circumstances:\n1.\t\x07If you paid the New Balance at the beginning of your previous Billing Cycle by the\nPayment Due Date during the previous Billing Cycle, or if that New Balance was $0 or\na credit balance, then:\n\t\t a.\t\x07if you pay the New Balance on your current Statement in full by the Payment\nDue Date in your current Billing Cycle, we\nwill not assess interest charges on Purchases during your current Billing Cycle;\nand\n\t\t b.\t\x07if you make a payment that is less than\nthe New Balance by the Payment Due\nDate in your current Billing Cycle, we will\ncredit that payment as of the first day in\nyour current Billing Cycle.\n2.\t\x07If you had a New Balance at the beginning\nof your previous Billing Cycle and you did\nnot pay that New Balance by the Payment\nDue Date during that previous Billing Cycle,\nthen we will not assess interest charges on\nany Purchases during the current Billing\nCycle if you pay the New Balance at the beginning of your current Billing Cycle by the\nPayment Due Date in your current Billing\nCycle.\nPeriodic interest charges on Cash Advances will\nbe imposed at the applicable Monthly Periodic\nRate from the date each Cash Advance is made\nand will continue to accrue on unpaid balances\n\nas long as they remain unpaid. There is no grace\nperiod on Cash Advances and there is no period\nwithin which to pay to avoid interest charges on\nCash Advances.\nCalculating the Purchase and Cash Advance\nBalance Subject to Interest Charges\nAverage Daily Balance of Purchases (including new Purchases): To get the Average Daily\nBalance of Purchases, we take the beginning\nPurchase balance of your Account each day,\nincluding unpaid fees, interest charges on Purchases and Foreign Currency Conversion Fees\non Purchases, add any new Purchases and new\nfees as of the date of transaction, and subtract\nthe applicable portion of any payments and credits as of the transaction date. On the first day of a\nBilling Cycle, we also add any unpaid Late Fees\nand Overlimit Fees. This gives us the daily balance for Purchases. Then we add all these daily\nbalances for the Billing Cycle together and divide\nthe total by the number of days in the Billing Cycle. This gives us the Average Daily Balance of\nPurchases.\nAverage Daily Balance of Cash Advances (including new Cash Advances): To get the Average Daily Balance of Cash Advances, we take the\nbeginning Cash Advance balance of your Account\neach day, including unpaid interest charges on\nCash Advances and Foreign Currency Conversion Fees on Cash Advances, add any new Cash\nAdvances as of the date of transaction, add the\nCash Advance Transaction Fee on any Cash Advances as of the transaction date of each Cash\nAdvance, and subtract the applicable portion of\nany payments and credits as of the transaction\ndate. This gives us the daily balance for Cash Advances. Then we add all these daily balances for\nthe Billing Cycle together and divide the total by\nthe number of days in the Billing Cycle. This gives\nus the Average Daily Balance of Cash Advances.\nComputing the Purchase and Cash Advance\nBalance Monthly Periodic Rates and Corresponding Annual Percentage Rates (APR)\nMonthly Periodic Rates: The Monthly Periodic Rate is calculated by dividing the APR by 12.\nThe Purchase APR is 29.9% and the standard\nMonthly Periodic Rate for Purchases is 2.492%.\nThe Cash Advance APR is 29.9% and the Monthly\nPeriodic Rate for Cash Advances is 2.492%.\nOTHER FEES\nIn addition to interest charges, a variety of fees\nmay be applied to your Account, as set forth below.\nAnnual Fee. We will charge an initial Annual Fee\nof $75 to your Account on or about the date your\nAccount is opened and then a renewal Annual\nFee of $99 on or about each anniversary of that\ndate. The initial Annual Fee is nonrefundable; the\nrenewal Annual Fee is also nonrefundable unless\nyou notify us to cancel your Account within 30\ndays from the mailing date of the billing Statement or other communication containing the renewal Annual Fee notice.\nLate Fee. If we do not receive your Monthly Minimum Payment by the Closing Date of the Billing\nCycle in which the Payment Due Date occurs and\nthe amount past due on your Account is more than\n$9.99, we will charge a Late Fee to your Account.\nThe Late Fee is $29 if you were not charged a\n3\n\nLate Fee during any of the prior six Billing Cycles.\nOtherwise, the Late Fee is $40. The Late Fee will\nnever exceed the amount of your most recently\nrequired Monthly Minimum Payment.\nMinimum Interest Charge Fee. If the periodic\ninterest charge amounts computed in the How\nInterest Charges Are Determined section are\nan amount less than $1, then a Minimum Interest Charge Fee of $1 will be charged instead of\nsuch smaller amounts and will be treated as a fee\non your billing statement and added to your Purchases at our discretion.\nReturned Payment Fee. If any payment on your\nAccount is returned to us unpaid for any reason,\nwe will charge a Returned Payment Fee to your\nAccount. The Returned Payment Fee is $29 if you\nwere not charged a Returned Payment Fee during\nany of the prior six Billing Cycles. Otherwise, the\nReturned Payment Fee is $40. The Returned Payment Fee will never exceed the amount of your\nmost recently required Monthly Minimum Payment.\nOverlimit Fee. If you elected to have overlimit\ncoverage, we may charge an Overlimit Fee when\na transaction causes you to go over or remain\nover your Credit Limit during any Billing Cycle.\nWe may also charge you two additional Overlimit Fees if your New Balance remains over your\nCredit Limit as of the Payment Due Date in future Billing Cycles. We will only charge you one\nOverlimit Fee per Billing Cycle, even if you go over\nyour Credit Limit multiple times in the same Billing\nCycle. The Overlimit Fee is $29 if you were not\ncharged an Overlimit Fee during any of the prior\nsix Billing Cycles. Otherwise, the Overlimit Fee\nis $40. The Overlimit Fee will never exceed the\nmaximum amount you are over your Credit Limit\nduring the Billing Cycle.\nDocumentation Fee. You may request a copy\nof a Statement previously sent to you for a Documentation Fee of $3 per Statement, which will\nbe applied to your Account. Copies of sales tickets or other items posted to your Account may\nbe obtained for a Documentation Fee of $10 per\nsales ticket or other item, which will be applied to\nyour Account. Notwithstanding the foregoing, we\nwill not impose any fee in connection with a good\nfaith assertion of a billing error or other exercise\nof your Billing Rights (see below under \xe2\x80\x9cYour Billing Rights - Keep This Notice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for\nCovered Borrowers. The provisions of this section apply to Covered Borrowers. If you would\nlike more information about whether you are a\nCovered Borrower, you may contact us at 1-800583-5698.\nStatement of MAPR. Federal law provides important protections to members of the Armed\nForces and their dependents relating to extensions of consumer credit. In general, the cost of\nconsumer credit to a member of the Armed Forces and his or her dependent may not exceed an\nAnnual Percentage Rate of 36%. This rate must\ninclude, as applicable to the credit transaction or\naccount: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products\nsold in connection with the credit transaction;\n(3) any application fee charged (other than certain application fees for specified credit transac-\n\ntions or accounts); and (4) any participation fee\ncharged (other than certain participation fees for\na credit card account).\nOral Disclosures. In order to hear important\ndisclosures and payment information about this\nAgreement, you may call 1-800-290-6421.\nApplicability of Arbitration of Disputes Provision. The Arbitration of Disputes Provision set\nforth in this Agreement does not apply to Covered\nBorrowers.\nLOST CARDS AND UNAUTHORIZED USE\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account. If your\nCard is lost or stolen or if someone else might be\nusing it without your permission, you must tell us\nat once. You may tell us by calling the telephone\nnumber on the back of your Card or on your\nStatement or by writing us at the address on your\nStatement. You will not be responsible for the\ncharges made to your Account that are found by\nus to be unauthorized. If we reimburse your Account for unauthorized charges made using your\nCard or Account, you will help us investigate, pursue, and get reimbursement from the wrongdoer.\nYour help includes giving us documents that we\nask for and are acceptable to us.\nCOMMUNICATIONS\nTelephone Monitoring and Recording; Communications. You consent and agree that, except as restricted by applicable law, we may monitor and/or record telephone calls regarding your\nAccount, suppress caller identification services,\nuse prerecorded messages, and use an automated telephone dialing and announcing system.\nYou expressly consent that we and our agents,\nany servicer, or any subsequent owner of your\nAccount may (i) contact you at any cellular telephone number that you provided as part of your\napplication, at any number that you later provide\n(including, without limitation, after your Account\nis in a default status), or at any other number that\nis identified as related to you, including by text\nmessage, and (ii) use automated telephone dialing systems to initiate such contacts and/or leave\nrecorded messages.\nIf you provide us at any time with an email contact for your Account, you agree we may use that\nemail address to contact you about your Account\nand may send you information about products\nand services related to your Account.\nWe or our representatives may contact you from\ntime to time regarding the Account, or to ask for\nadditional information about you or your experience with us. You agree that such contacts are\nnot unsolicited and may include contacts at your\nhome or place of employment, during weekdays,\nweekends or holidays, on your mobile telephone,\nvoicemail or answering machine, or by email, fax,\nrecorded message, text message or personal\nvisit.\nHow to Revoke Consent for Future Communications: If you want to revoke your consent to\nfuture communications as described in the previous paragraph, you must send us a written notice that includes: (i) your name, mailing address,\nand Account number(s); (ii) the specific telephone\nnumber(s), email address(es) and/or mailing address(es) at which you no longer wish us to contact you, and (iii) the types of communications\n4\n\n(telephone, text, email, and/or mail) for which you\nare revoking consent. You must send this written\nnotice to: Genesis FS Card Services, P.O. Box\n4477, Beaverton, OR 97076. You understand and\nagree that it may take up to three business days\nafter receipt of your written notice to process\nyour request, and that you consent to continued\ncommunications during this period of time.\nOUR RIGHTS AND HOW THEY AFFECT YOU\nMerchant Refunds. If a merchant agrees to give\nyou a refund for goods or services purchased\nwith your Card or Account, you will accept a credit on your Account instead of a cash refund. We\ndo not control when a merchant sends us your\nrefund and we will have a reasonable amount of\ntime after we receive your refund to process it.\nNo Waiver of Rights; Disputed Amounts. We\ncan accept late or partial payments without\nlosing any of our rights under this Agreement.\nYou agree not to send us partial payments\nmarked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse,\xe2\x80\x9d or\nsimilar language. If you send such a payment,\nwe may accept it without losing any of our\nrights under this Agreement. All written communications concerning disputed amounts,\nincluding any check or other payment instrument that indicated that the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed\nor that is tendered with other conditions or\nlimitations or as full satisfaction of a disputed\namount, must be mailed or delivered to Genesis FS Card Services, P.O. Box 4499, Beaverton, Oregon 97076.\nCredit Reports and Information. You authorize\nus to make or have made any credit, employment,\nor other investigative inquiries we deem appropriate to extend you credit or collect amounts\nowed to us on your Account. We (including any\nassignee of the Account or amounts owing under\nthe Account) may also obtain information about\nyou from credit reporting agencies or others at\nany time and use it for the purposes of monitoring\nyour credit performance, managing your Account\nand considering you for new offers and programs.\nNotice of Inaccurate Information. If you believe\nthat we have information about you that is inaccurate or that we have reported or may report to\na credit reporting agency information about you\nthat is inaccurate, please notify us of the specific\ninformation that you believe is inaccurate by writing to us at Genesis FS Card Services, P.O. Box\n4499, Beaverton, OR 97076.\nDefault and Collection. Unless prohibited by applicable law, your Account is considered to be in\ndefault if (1) you fail to make the required Monthly Minimum Payment on or before the Payment\nDue Date, including if your payment is returned or\ncannot be processed and you do not correct that\nfailure within 31 days, (2) you try to exceed or do\nexceed your Credit Limit without permission and\ndo not bring your Account back under your Credit\nLimit within 31 days, (3) you become subject to\nbankruptcy or insolvency proceedings, (4) you\nbecome subject to attachment or garnishment\nproceedings, (5) you give us any false information\nor signature, (6) you die, or (7) you fail to comply\nwith any portion of this Agreement. Our accepting\na late or partial payment does not waive default.\nDefault on this Account will constitute default on\nall accounts you hold with us. Subject to any no-\n\ntice of default and right to cure or other restrictions of applicable law, if you are in default, we\nmay declare the entire balance due immediately.\nYou agree to pay our reasonable costs and attorneys\xe2\x80\x99 fees and expenses related to the collection\nof your Account, and retrieving your Card, to the\nextent permitted by applicable laws.\nChange of Terms. Subject to the limitations of\napplicable law, we may, at any time, change\nor remove any of the terms and conditions of,\nor add new terms or conditions to, this Agreement. If required by applicable law, we will\nmail written notice of such a change to you\nin the manner required by such law. As of the\neffective date, the changed or new terms will\napply to new Purchases and Cash Advances\nand also to the outstanding balance of your\nAccount, subject to the limitations of applicable law.\nDelay in Enforcement. We can delay enforcing\nour rights under this Agreement without losing\nthem.\nOTHER PROVISIONS\nOwnership and Use of Your Card. As the Cardholder, you are liable for all credit obtained under\nyour Account. If you authorize another person to\nuse your Card, you are liable for any credit obtained on your Account for as long as that person\nholds the Card. In addition, you will remain liable\nuntil you recover possession of the Card. Misuse\nof your Card by an authorized person will not be\nconsidered unauthorized use. See \xe2\x80\x9cLost Cards\nand Unauthorized Use\xe2\x80\x9d above. Upon demand,\nyou must immediately return any Card we supply\nto you or destroy the Card by cutting it in half.\nTransactions. You will retain for Statement verification your copy of each Purchase slip, Cash\nAdvance or other transaction to your Account.\nTransfer of Your Account. You may not transfer your Account to any other person. We may\nassign your Account or amounts owing under\nyour Account to any other person at any time\nand the assignee will take our place under the\nAgreement with respect to all agreements and\ninterests transferred. You must pay the assignee\nand otherwise perform your obligations under the\nassigned agreements and interests.\nClosing or Suspending Your Account. We may\nclose or suspend your Account or your ability to\nobtain credit on your Account, or both, at any\ntime, for any reason permitted by law and with or\nwithout advance notice.\nYou may close your Account at any time by contacting us. The closure of Account will not become effective until you have returned to us all of\nthe Cards we have given you. If you have a joint\nAccount and want to remove one of the names\nfrom the Account, we must receive a written request signed by both of the Cardholders on the\nAccount and all Cards must be returned upon\nrequest. No party is released from the obligation\nfor the balance owing on a joint Account, unless\nwe agree to the arrangements in writing. You may\nhave to reapply for a new Card for an individual\nAccount when you request a change from a joint\nAccount to an individual Account.\nIf your Account is closed or suspended for any\nreason, you must stop using your Card. You\nmust also cancel all billing arrangements to the\n5\n\n\x0c'