b'Genesis Credit\xc2\xae Account\nFirst Electronic Bank\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\nPaying Interest\n\n34.9%\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nWe will begin charging interest on purchases on the transaction date.\n\nFees\nAnnual Fee\n\nNone\n\nPenalty Fees\n\xc5\xb8 Late Payment\n\xc5\xb8 Returned Payment\n\nUp to $39\nUp to $39\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases)\xe2\x80\x9d. See the \xe2\x80\x9cHow\nInterest Charges are Determined\xe2\x80\x9d section of the Genesis Credit Account Agreement below for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the \xe2\x80\x9cYour Billing\nRights \xe2\x80\x93 Keep This Notice for Future Use\xe2\x80\x9d section of the Genesis Credit Account Agreement below.\n\nGenesis Credit\xc2\xae Account Agreement\nDear Accountholder:\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 Genesis Credit 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 Includes an Arbitration of Disputes Provision that will substantially affect your rights unless 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 call us with any questions you may have. We look forward to serving you.\nThis Agreement begins on the earlier of (1) the date we approve your Application, or (2) the first date that we extend Credit to you on your Account, as evidenced by a signed sales slip\nor other evidence of indebtedness.\nDEFINITIONS\nTo 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\nyours refer to the Accountholder(s) who hold(s) the Account Number and is responsible\nfor the Account, each of whom is individually and jointly obligated under this Agreement.\nThe words we, us, and our refer to First Electronic Bank, Member FDIC.\nAccount: Genesis Credit Account for which you were issued an Account Number and\nthat is subject to all of the terms and conditions of this Agreement.\nAccount Number: The Account Number we issue that you may use to make Purchases\nfrom Retailer. Use of your Account Number to obtain Credit will be considered a use of\nthe Account.\nAccountholder: The person to whom an Account Number is issued, or who has agreed to\npay obligations arising from an Account Number issued to another person.\nAgreement: Your contract with us for your Account, which is composed of your\nApplication, and the Account opening disclosures and this Account Agreement. Any\nsales slip or other evidence of indebtedness on your Account is incorporated into and\nmade part of this Agreement.\nApplication: The form with information that you submitted to apply for your Account,\nincluding your signature (in any form \xe2\x80\x93 wet signed, electronic, or digital), and any\nacceptance certificate or other request that you signed or otherwise submitted to obtain\nthis Account.\nBilling Cycle: The time interval covered by a monthly statement. Each Billing Cycle is\napproximately 30 days in length.\nCard: Any branded Card we issue that you may use to purchase goods or services from\nRetailer. Use of your Card to obtain Credit will be considered use of the Account.\nClosing Date: The date of the last day of a Billing Cycle.\nCovered Borrower: Certain members of the Armed Forces and their dependents who\nare protected by the Military Lending Act.\nCredit: The credit extension you receive under this Agreement.\nCredit Limit: The maximum amount of Credit available to you on your Account. Your\nAccount Credit Limit will be disclosed to you on the monthly statements.\nNew Balance: The total outstanding Account balance on the Closing Date specified in\nyour monthly statement.\nPrevious Balance: The balance of your Account at the beginning of a Billing Cycle. This\nwill be the same as the \xe2\x80\x9cNew Balance\xe2\x80\x9d shown on the previous monthly statement.\nPurchase: An extension of Credit to your Account for the purpose of purchasing goods or\nservices from Retailer.\n\nand interest charges on Purchases. In the event you do not pay a Purchase balance in\nfull before the end of a deferred interest period, the interest accrued during the deferred\ninterest period will be added to your Regular Balance. Any subsequent interest charges\naccrued on such amounts will also be added to the Regular Balance.\nRetailer: Participating Test Partner 1 locations located in the U.S.\nUSING YOUR ACCOUNT\nPurchases. You may use your Account to purchase goods and services from Retailer.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of\nyour Account Number or Account, plus any applicable interest charges and other\napplicable charges or fees, payable in U.S. dollars.\nYour Credit Limit. You may not use your Account in any way that would cause you to\ngo over your Credit Limit. We may refuse to authorize or accept any transaction on your\nAccount if (1) that transaction would cause you to exceed your Credit Limit or (2) your\nAccount is delinquent. We may temporarily agree to allow you to exceed your Credit\nLimit. If we do so, in that case, you must repay the excess amount according to the terms\nof this Agreement. Any transactions honored in excess of your Credit Limit will not result\nin an increase of your Credit Limit.\nMAKING PAYMENTS\nMonthly Statements. We will send a statement at the end of each monthly Billing Cycle\nif there is a debit or credit balance on your Account of $1 or more, a balance on which an\ninterest charge has been imposed or as otherwise required by applicable law. You agree\nto pay us, or any party to whom we may transfer and assign your Account or the amounts\nowing under your Account, in U.S. dollars according to all terms and conditions of this\nAgreement. Payments made by a check, money order or other negotiable instrument\nmust be in a form acceptable to us and drawn on a U.S. financial institution.\nMonthly Minimum Payment. Your monthly minimum payment due will be the greater\nof:\n1.\n$15; or\n2.\nThe sum of:\na.\nEach fixed monthly payment amount applicable to each of\nyour Purchases (described below), plus\nb.\n5% of your Regular Balance.\nEach Purchase will have a fixed monthly payment amount which we calculate when the\nPurchase is posted to your Account. We determine the fixed monthly payment amount for\na Purchase by multiplying the Purchase amount by 5%, and then rounding the result to\nthe nearest dollar. If the remaining balance of a Purchase plus accrued interest on that\nPurchase is less than the fixed monthly payment amount, we will reduce the fixed\nmonthly payment amount for that Purchase accordingly. We will continue to include the\nfixed monthly payment amount for a Purchase in the monthly minimum payment due until\nthe Purchase plus accrued interest on that Purchase is paid in full.\n\nPurchase Balance: The total outstanding balance of Purchases and interest charges,\nexcluding amounts included in the Regular Balance.\nRegular Balance: The total outstanding balance of all amounts other than Purchases\nPage 1 of 4\n0000000000000000 000001 0002 0005 0 1 0 0 0\n\nFEB 2059-1\n2oz - #10 - 1 - 2\n\n\x0cIf you make a payment in excess of the monthly minimum payment due for any month, it\nwill not reduce the fixed monthly payment amount applicable to any Purchase that is\nused to calculate your monthly minimum payment due in subsequent months, but it may\nresult in your paying off a Purchase more quickly.\nYour monthly minimum payment due also will include the greater of (i) any past due\namount, or (ii) any amount by which the New Balance exceeded your Credit Limit. Your\nmonthly minimum payment due will never exceed your New Balance.\nPayments should be mailed with the payment coupon and in the envelope provided and\nfollowing the other instructions on the monthly statement to Genesis FS Card Services,\nP.O. Box 84049, Columbus, Georgia 31908. Any payment we receive in that form and at\nthat address on or before 5:00 P.M. Eastern Time on a normal banking day will be\ncredited to your Account that day. If we receive your payment in that form and at that\naddress after 5:00 P.M. Eastern Time on a normal banking day, or any time on a\nnon-banking day, we will credit it to your Account the next banking day. Please allow at\nleast seven (7) business days for postal delivery. Payments we receive at any other\nlocation or in any other form may not be credited as of the day we receive them. If we\naccept a payment at some other place, we may delay the crediting of the payment for up\nto five (5) days. This may cause you to incur Late Payment Fees and additional interest\ncharges, and may result in your Account being declared in default.\nWhen you provide a check as payment, you authorize us either to use information from\nyour check to make a one-time electronic fund transfer from your account or to process\nthe payment as a check transaction. When we use information from your check to make\nan electronic fund transfer, funds may be withdrawn from your account as soon as the\nsame day we receive your payment and you will not receive your check back from your\nfinancial institution.\nAt any time, you may pay part or all you owe on your Account without incurring any\nadditional charge for prepayment. The amount of any payment that exceeds your total\nNew Balance will be applied as a credit to your Account, and any remaining credit\nbalance will be refunded as required by law.\nCredit availability may be delayed at our sole discretion to ensure payment in good funds,\nand your total Credit Limit may not reflect your payments for up to 14 days.\nApplication of Payments. For each Billing Cycle, we will allocate payment amounts up\nto your monthly minimum payment to charges and principal due (including new\ntransactions) in any way we determine. We will generally apply payment amounts up to\nyour monthly minimum payment in a manner most favorable or convenient for us.\nFor each Billing Cycle, to the extent your payments exceed your monthly minimum\npayment, we will apply these excess amounts in the order required by applicable law.\nDuring the last two Billing Cycles of a deferred interest period, if you have an outstanding\ndeferred interest balance, we will apply these excess amounts to the deferred interest\npromotion balance.\nDEFERRED INTEREST\nEach Purchase on your Account is subject to up to 6 months of deferred interest,\nbeginning on the date of the Purchase (the \xe2\x80\x9cdeferred interest period\xe2\x80\x9d). Interest will be\ncharged to your Account from the date of the Purchase if the Purchase balance is not\npaid in full within the deferred interest period or if you make a late payment.\nFrom time to time, special financing terms may be offered where you can choose to have\nyour new purchase subject to up to 6 months of deferred interest or up to 12 months of\ndeferred interest. If these special financing terms are available when you make a\npurchase, they will be disclosed to you prior to your purchase transaction. Special\nfinancing of up to 12 months of deferred interest may not be combined with other\ndiscounts. After you make the purchase transaction, you will not be able to change the\ndeferred interest period for that purchase.\nEach Purchase transaction accrues interest from the Date of the Purchase, but we will\nnot charge that interest to your Account if you pay that Purchase balance in full before\nthe end of the deferred interest period and you make monthly minimum payments as\nrequired. The deferred interest period will end when one or more of the following events\noccur:\n\xe2\x80\xa2 6 months or 12 months from the Purchase date, as applicable;\n\xe2\x80\xa2 Your Account becomes more than 180 days past due;\n\xe2\x80\xa2 Your Account is charged off for any reason.\nInterest on each Purchase transaction will accrue during the deferred interest period at\n34.9% APR.\nYou must make monthly minimum payments during the deferred interest period. The\nmonthly statement we send you will include these monthly minimum payment amounts\nand will help you keep track of your Purchase balance(s) and their deferred interest\nperiod(s). Paying only the monthly minimum payment may not pay off the Purchase\nbalance within the deferred interest period. You may have to make additional or\nincreased payments during the deferred interest period to avoid having to pay all accrued\ndeferred interest.\nHOW INTEREST CHARGES ARE DETERMINED\nYour Interest Rate. We use a daily periodic rate to calculate the interest on your\naccount. The daily periodic rate is the applicable APR multiplied by 1/365. The daily\nperiodic rate for your account is 0.0956% and the applicable APR is 34.9%.\nWhen We Charge Interest. We charge interest on your Purchases from the date you\nmake the purchase until you pay the purchase in full.\nHow We Calculate Interest. We calculate interest separately for each balance segment\non your Account. We do this by applying the daily periodic rate to your average daily\nbalance (including new Purchases), and then multiplying the resulting number by the\nnumber of days in the Billing Cycle for each balance segment. An average daily balance\nis calculated for the following balance segments as applicable: Purchase Balance\nsegments and the Regular Balance segment.\nWe calculate interest for each balance segment as follows:\n1. For each day, we take the beginning balance of each balance segment in\nthe billing cycle, including any unpaid interest charges, add any new\npurchases and debits, and then subtract the applicable portion of any\npayments and credits. This gives us the daily balance. Late Payment Fees,\nReturned Payment Fees, Documentation Fees are not included in the daily\nbalance.\n2. Then, we add all the daily balances for the billing cycle together and divide\nthe total by the number of days in the billing cycle. This gives us the average\ndaily balance.\n3. Next, we multiply the daily periodic rate by the average daily balance.\n4. Finally, we take the resulting number from #3 and multiply it by the number\nof days in the billing cycle. This gives us the interest charge for each balance\n\nsegment for the billing cycle.\nOTHER FEES\nIn addition to interest charges, other fees may be applied to your Account, as set forth\nbelow. The amounts of these fees may change from time to time during the term of your\nAccount.\nLate Payment Fee\nIf we do not receive your monthly minimum payment due by the Closing Date of the\nBilling Cycle in which the Payment Due Date occurs and the amount past due on your\nAccount is more than $9.99, we will apply a Late Payment Fee to your Account. The Late\nPayment Fee is $28 if we did not charge a Late Payment Fee during any of the prior six\nbilling periods. Otherwise, the Late Payment Fee is $39. The Late Payment Fee will\nnever exceed the amount of your most recently required monthly minimum payment.\nReturned Payment Fee\nIf any payment on your Account is returned to us unpaid for any reason, we will apply a\nReturned Payment Fee to your Account. The Returned Payment Fee is $28 if we did not\ncharge a Returned Payment Fee during any of the prior six billing periods. Otherwise, the\nReturned Payment Fee is $39. The Returned Payment Fee will never exceed the\nmonthly minimum payment.\nDocumentation Fee\nYou may request a copy of a monthly statement previously sent to you for a\nDocumentation Fee of $3 per statement, which fee we will charge to your Account.\nCopies of sales tickets or other items posted to your Account may be obtained for a\nDocumentation Fee of $10 per sales ticket or other item, which will be applied to your\nAccount. Notwithstanding the foregoing, we will not impose any fee in connection with a\ngood faith assertion of a billing error or other exercise of your Billing Rights (see below\nunder \xe2\x80\x9cYour Billing Rights - Keep This Notice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for Covered Borrowers. The\nprovisions of this section apply to Covered Borrowers. If you would like more\ninformation about whether you are a Covered Borrower, you may contact us at\n1-866-502-6439.\nStatement of MAPR Federal law provides important protections to members of the\nArmed Forces and their dependents relating to extensions of consumer credit. In general,\nthe cost of consumer credit to a member of the Armed Forces and his or her dependent\nmay not exceed an Annual Percentage Rate of 36%. This rate must include, as\napplicable to the credit transaction or account: (1) the costs associated with credit\ninsurance premiums; (2) fees for ancillary products sold in connection with the credit\ntransaction; (3) any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and (4) any participation fee charged (other\nthan certain participation fees for a credit card account).\nOral Disclosures In order to hear important disclosures and payment information about\nthis Agreement, you may call 1-866-875-5929.\nApplicability of Arbitration of Disputes Provision\nThe Arbitration of Disputes Provision set forth in this Agreement does not apply to you if,\nas of the date of this Agreement, you are a Covered Borrower.\nLOST ACCOUNT NUMBER AND UNAUTHORIZED USE\nIf your Account Number is lost or stolen or used without your consent, you may be liable\nfor the unauthorized use of your Account, but you will not be liable for unauthorized use\nthat occurs after you notify us orally or in writing of the loss, theft or possible unauthorized\nuse at: Genesis FS Card Services, P.O. Box 4477, Beaverton, OR 97076,\n1-888-260-4532. In any case, your liability will not exceed $50.\nOUR RIGHTS, AND HOW THEY AFFECT YOU\nTelephone Monitoring and Recording\nYou consent and agree that, from time to time, except as restricted by applicable law, we\nmay monitor or record telephone calls regarding your Account, suppress caller\nidentification services and use an automated dialing and announcing system or\npre-recorded messages for account management purposes, including calls made for\naccount collection purposes. If you provide us with a cellular phone number either as part\nof your Application, or at any time thereafter, including, without limitation, after your\nAccount is in a default status, you are expressly consenting that we, our agents and\nsuccessors in interest, subject to any limitations of applicable law, may (1) contact you at\nthat number including by text message, and (2) use automated telephone dialing\nsystems to initiate such contacts and/or leave recorded messages. For Text Messages:\nMessage and data rates may apply.\nIn accordance with applicable law, we or our representatives may contact you from time\nto time regarding your Account, or to ask for additional information about you or your\nexperience with us. You agree that such contacts are not unsolicited and may include\ncontacts at your home or place of employment, during weekdays, weekends or holidays,\non your mobile telephone, voicemail or answering machine, or by email, fax, recorded\nmessage, text message or personal visit.\nEmail\nIf you provide us at any time with an email contact for your Account, you agree we may\nuse that email address to contact you about your Account and may send you information\nabout products and services related to your Account. If, at any time, you would like to\nlimit the types of communications you receive from us by email, please contact us at\nGenesis FS Card Services, P.O. Box 4477, Beaverton, OR 97076, 1-866-946-9575, or, if\nyou receive an email from us, you can select the \xe2\x80\x9cunsubscribe\xe2\x80\x9d link that is located in\nevery email.\nRefunds\nIf Retailer agrees to give a refund, you will accept a credit on your Account instead of a\ncash refund.\nNo Waiver of Rights; Disputed Amounts\nWe can accept late or partial payments without losing any of our rights under this\nAgreement. You agree not to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d\n\xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar restrictive language. If you send such a payment, we\nmay accept it without losing any of our rights under this Agreement. All written\ncommunications concerning disputed amounts, including any check or other\npayment instrument that indicated that the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d\nof the amount owed or that is tendered with other conditions or limitations or as\nfull satisfaction of a disputed amount, must be mailed or delivered to Genesis FS\nCard Services, P.O. Box 4499, Beaverton, OR 97076.\n\nPage 2 of 4\n0000000000000000 000001 0003 0005 0 1 0 0 0\n\nFEB 2059-1\n2oz - #10 - 1 - 2\n\n\x0cCredit Reports and Information\nYou authorize us to make or have made any credit, employment, or other investigative\ninquiries we deem appropriate to extend you credit or collect amounts owed to us on\nyour Account. We (including any assignee of the Account or amounts owing under the\nAccount) may also obtain information about you from credit reporting agencies or others\nat any time and use it for the purposes of monitoring your credit performance, managing\nyour Account and considering you for new offers and programs.\nNotice of Inaccurate Information\nIf you believe that we have information about you that is inaccurate or that we have\nreported or may report to a credit reporting agency information about you that is\ninaccurate, please notify us of the specific information that you believe is inaccurate by\nwriting to us at Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076.\nDefault and Collection. Unless prohibited by applicable law, your Account is\nconsidered to be in default if (1) you fail to make the required monthly minimum payment\ndue on or before its payment due date, including if your payment is returned or cannot be\nprocessed and you do not correct that failure within 31 days, (2) you try to exceed or do\nexceed your Credit Limit without permission and do not bring your Account back under\nyour Credit Limit within 31 days, (3) you become subject to bankruptcy or insolvency\nproceedings, (4) you become subject to attachment or garnishment proceedings, (5) you\ngive us any false information or signature, (6) you die, or (7) you fail to comply with any\nportion of this Agreement. Our accepting a late or partial payment does not waive default.\nDefault on this Account will constitute default on all accounts you hold with us.\nSubject to any notice of default and right to cure or other restrictions of applicable law, if\nyou are in default, we may declare the entire balance due immediately. Except as\nprovided in the Arbitration Provision below, you agree to pay our reasonable costs and\nattorneys\xe2\x80\x99 fees and expenses related to the collection of your Account to the extent\npermitted by applicable laws.\nChange of Terms\nSubject to the limitations of applicable law, we may, at any time, change or remove\nany of the terms and conditions of, or add new terms or conditions to, this\nAgreement. If required by applicable law, we will mail written notice of such a\nchange to you in the manner required by such law. As of the effective date, the\nchanged or new terms will apply to new Purchases and to the outstanding balance\nof your Account, subject to the limitations of applicable law.\nDelay in Enforcement\nWe can delay enforcing our rights under this Agreement without losing them.\nOTHER PROVISIONS\nOwnership and Use of Your Account\nAs the Accountholder(s), you are liable for all Credit obtained under your Account. If you\nauthorize another person to use your Account Number, you are liable for any Credit\nobtained on your Account for as long as that person holds or uses the Account Number.\nMisuse of your Account by an authorized person will not be considered unauthorized\nuse. See \xe2\x80\x9cLost Account Number and Unauthorized Use\xe2\x80\x9d above.\nTransactions\nYou will retain for statement verification purposes your copy of each Purchase\ntransaction receipt from Retailer.\nRefunds for Goods and Services\nRefunds for goods and services are governed by Retailer. Any refunds for goods or\nservices purchased from Retailer through an extension of Credit on your Account will be\nissued as a credit adjustment to your Account. When we are notified by Retailer of any\nrefund amount, we will subtract an amount equal to the refund amount from your\nAccount. However, the fixed minimum payment amount attributable to the related\nPurchase transaction amount will continue to be included in your monthly minimum\npayment. If a refund amount results in a credit balance on your Account, we will refund\nyour credit balance.\nTransfer and Termination of Your Account\nYou may not transfer your Account to any other person. We may assign your Account or\namounts you owe on your Account, to any other person at any time and the assignee will\ntake our place under the Agreement with respect to all agreements and interests\ntransferred. You must pay the assignee and otherwise perform your obligations under the\nassigned agreements and interests. Either you or we may terminate or suspend your\nCredit privileges at any time, with or without cause and with or without advance notice,\nbut you will remain liable for all charges until they are paid in full. You may cancel your\nAccount at any time by writing to us at Genesis FS Card Services, P.O. Box 4477,\nBeaverton, OR 97076. If you have a joint Account and want to remove one of the names\nfrom the Account, we must receive a written request signed by both of the\nAccountholders on the Account. No party is released from the obligation for the balance\nowing on a joint Account, unless we agree to the arrangements in writing. You may have\nto re-apply for an individual Account when you request a change from a joint Account to\nan individual Account.\nAdditional Benefits and Services\nFrom time to time, we may offer you benefits and services with your Account. We or\nanother party may provide these benefits and services. Unless expressly made a part of\nthis Agreement, and except as provided in the Arbitration Provision below, any such\nbenefits and services are not a part of this Agreement, and are subject only to the terms\nand conditions outlined in the benefits or services brochure and other official documents\nprovided to you with respect to the benefits and services. We may adjust, add, or delete\nbenefits or services at any time in accordance with the brochures or documents you\nreceive. Except as required by applicable law, we are not liable for benefits or services\nthat other parties provide or for their actions or omissions.\nHonoring Your Account\nWe are not liable for the failure or refusal of Retailer to accept your Account Number.\nAlthough you may have Credit available, we will not be liable for the failure to authorize\nCredit due to operational difficulties or mistakes. Transactions made above a certain\ndollar amount may require that we authorize the transaction before the transaction is\napproved. In addition, we may limit the number and amount of daily transactions\napproved for security reasons.\nChange of Address, Employment and Telephone\nWe will send all written notices and statements to your address as it appears on our\nrecords. To avoid delays and missed payments that could affect your credit standing, you\nagree to promptly advise us if you change your mailing address, place of employment, or\ntelephone number.\nSeverability\n\nIn the event that any provision of this Agreement is determined to be invalid or\nunenforceable for any reason, the remaining provisions will remain in effect.\nEntire Agreement; Interpretation\nThis Agreement (including the other documents incorporated herein by reference as\ndiscussed above) constitutes the final expression of the credit agreement between you\nand us relating to your Account. The headings used in this Agreement are for the\nconvenience of reference only and are not intended to define or describe the scope or\nintent of any portion of the Agreement.\nGoverning Law. Except as expressly set forth in the Arbitration of Disputes Provision in\nthe Agreement, this Agreement and the interpretation and enforcement thereof (including\nbut 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 Federal law, the laws of the State of\nUtah, without regard to its conflicts of law provisions and principles. If there is any conflict\nbetween any of the terms and conditions of the Agreement and applicable Federal or\nState law, this Agreement will be considered changed to the extent necessary to comply\nwith the applicable law.\nArbitration of Disputes Provision. PLEASE READ THIS ARBITRATION OF\nDISPUTES PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION\nNOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT,\nAND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL\nARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL\nRESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A\nCLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE\nAVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. THIS ARBITRATION OF\nDISPUTES PROVISION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS\nAGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT\nOF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY\nLENDING ACT. PLEASE SEE THE SECTION OF THIS AGREEMENT LABELED\n\xe2\x80\x9cMILITARY LENDING ACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE INFORMATION ABOUT\nWHETHER YOU ARE ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY\nLENDING ACT, YOU MAY CONTACT US AT 1-866-502-6439.\nThis provision replaces any existing arbitration provision with us and will stay in force no\nmatter what happens to your Account, including the closing of your Account. Except as\nexpressly provided below, you and we must arbitrate individually, by binding arbitration\nunder the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), any dispute or claim between you, any joint\nAccountholder and/or Authorized User, on the one hand, and us, our affiliates and\nagents, on the other hand, if the dispute or claim arises out of or is related to (a) this\nAgreement (including without limitation, any dispute over the validity of this Agreement to\narbitrate disputes or of this entire Agreement), or (b) your Account, or (c) any relationship\nresulting from this Agreement, or (d) any insurance or other service related to your\nAccount, or (e) any other agreement related to your Account (including prior agreements)\nor any such service, or (f) breach of this Agreement or any other such agreement,\nwhether based on statute, contract, tort or any other legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d). However,\nwe will not require you to arbitrate any individual Claims in small claims court or your\nstate\xe2\x80\x99s equivalent court, so long as it remains an individual case in that court.\nYOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE\nATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO,\nYOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY\nACCOUNTHOLDER WHO IS NOT A JOINT ACCOUNTHOLDER WITH YOU OR AN\nAUTHORIZED USER ON YOUR ACCOUNT (AN \xe2\x80\x9cUNRELATED ACCOUNTHOLDER\xe2\x80\x9d),\nAND YOU AGREE THAT NO UNRELATED ACCOUNTHOLDER MAY BRING ANY\nCLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND AN UNRELATED\nACCOUNTHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. THE\nARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS,\nREPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY SUCH\nCLAIMS YOU BRING ON BEHALF OF AN UNRELATED ACCOUNTHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction. Any\ndispute regarding whether a particular controversy is subject to arbitration, or the\napplicability or enforceability of the foregoing paragraph, will be decided by a court and\nnot by an arbitrator.\nIf you or we elect to arbitrate a claim, the electing party must notify the other party in\nwriting. The notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, your notice must be sent to Genesis FS Card\nServices, Attn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our\nnotice must be sent to the most recent address for you in our files. The arbitration will be\nadministered by the American Arbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) under its rules in effect\nat the time an arbitration is commenced that are applicable to the resolution of consumer\ndisputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We will tell you how to contact the AAA and how to get\na copy of the Arbitration Rules without cost if you ask us in writing to do so. The\nArbitration Rules permit you to request deferral or reduction of the administrative fees of\narbitration if paying them would cause you a hardship. In addition, if you ask us in writing,\nwe will consider your request to pay any or all of your costs of arbitration.\nEach arbitrator shall be a licensed attorney who has been engaged in the private practice\nof law continuously during the ten years immediately preceding the arbitration or a retired\njudge of a court of general or appellate jurisdiction. The arbitration award shall award\nonly such relief as a court of competent jurisdiction could properly award under\napplicable law, including attorneys\xe2\x80\x99 fees if allowed by applicable law or agreement. All\nstatutes 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\nunenforceable, the remainder of this Section shall be given full force and effect. However,\nif the provision precluding class, representative or private attorney general Claims in\narbitration is deemed unenforceable, then this entire Arbitration Agreement shall be void\nand of no force and effect.\nYou may reject this provision, in which case only a court may be used to resolve any\ndispute or claim. Rejection will not affect any other aspect of the Agreement. To reject\nthis Provision, you must send us a notice within 60 days after you open your Account or\nwe first provide you with a right to reject this Provision. This notice must include your\nname, address and Account number and be mailed to Genesis FS Card Services, Attn:\nArbitration 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 FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, please write to us at: Genesis FS Card\n\nPage 3 of 4\n0000000000000000 000001 0004 0005 0 1 0 0 0\n\nFEB 2059-1\n2oz - #10 - 1 - 3\n\n\x0cServices, P.O. Box 4499, Beaverton, OR 97076.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Account Number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe\nwhat you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least three (3) business days before an automated payment is scheduled,\nif you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are\nnot required to investigate any potential errors, and you may have to pay the amount in\nquestion.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received\nyour letter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or\nexplain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue\nto charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for\nthe remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit line.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will then send you a\nstatement of the amount you owe and the date payment is due. We may\nthen report you as delinquent if you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report you as\ndelinquent without also reporting that you are questioning your bill. We must tell you the\nname of anyone to whom we reported you as delinquent, and we must let those\norganizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the\namount you question, even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Account Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your\nAccount, and you have tried in good faith to correct the problem with the merchant, you\nmay have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The Purchase must have been made in your home state or within 100 miles\nof your current mailing address, and the Purchase price must have been\nmore than $50. (Note: Neither of these are necessary if your Purchase was\nbased on an advertisement we mailed to you, or if we own the company that\nsold you the goods or services.)\n2. You must have used your Account for the Purchase. Purchases made with\ncash advances from an ATM or with a check that accesses your Account do\nnot qualify.\n3. You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the Purchase, contact\nus in writing at: Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076.\nWhile we investigate, the same rules apply to the disputed amount as discussed above.\nAfter we finish our investigation, we will tell you our decision. At that point, if we think you\nowe an amount and you do not pay, we may report you as delinquent.\nYour Genesis Credit Account is issued by:\nFirst Electronic Bank\n2150 South 1300 East #400\nSalt Lake City, Utah 84106\n\nPage 4 of 4\n0000000000000000 000001 0005 0005 0 1 0 0 0\n\nFEB 2059-1\n2oz - #10 - 1 - 3\n\n\x0c'