Destiny� Mastercard� Cardholder Agreement
Dear Cardholder:
This Agreement, as defined below, is your contract for your Account and:
 � Covers the terms that govern the use of your Account;
 � Outlines both your responsibilities and ours;
 � Includes certain disclosures required by the Federal Truth in Lending Act;
 � Includes certain disclosures required by the Federal Military Lending Act; 
 �  Includes an Arbitration of Disputes Provision that will substantially affect your rights 
unless you reject it; and
 � Contains important information about your Account.
We 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.
CARDHOLDER AGREEMENT
This Agreement contains the terms that govern the use of your Destiny Mastercard Account and out -
lines both your responsibilities and ours.  Please read it in its entirety and keep it for your reference.  In 
addition, any written application, acceptance certificate or other request you signed or otherwise sub -
mitted for this Account (the �Application�), your Card and the Card Carrier that we send with your Card, 
and your signature (including any electronic or digital signature) on any Application, sales slip or other 
evidence of indebtedness on your Account, are hereby incorporated into and made a part of this Agree -
ment. This Agreement begins on the earlier of (i) the date you sign or otherwise submit an Application 
that is approved by us, or (ii) the first date that we extend credit to you on your Account, as evidenced by 
a signed sales slip or memorandum, a Cash Advance transaction, or otherwise.
Definitions.  To simplify this Agreement for you, the definitions listed below will apply throughout, both 
in this Agreement and in your monthly Statements. In addition, the words you, your,  and yours  refer to 
the Cardholder(s) who holds the Card and is responsible for the Account, each of whom is individually 
and jointly obligated under this Agreement. The words we, us,  and our refer to First Electronic Bank.
Account:  The credit card account for which you were issued a Card imprinted with your Account number 
and that is subject to all of the terms and conditions of this Agreement.
ATM:  Automated Teller Machine.
Billing Cycle:  The time interval covered by a monthly Statement. Each Billing Cycle is approximately 30 
days in length; however, the specific period of time is described on each monthly Statement. Your Ac -
count will have a Billing Cycle even if a Statement is not required.
Card:  Any Destiny Mastercard issued by us that you may use to obtain a Cash Advance, make Purchas -
es, or lease goods or services on credit.  Use of your Account number to obtain credit will be considered 
a use of the Card.
Card Carrier:  The carrier that contains your Card.
Cardholder:  The person to whom a Card is issued, or who has agreed to pay obligations arising from a 
Card issued to another person.
Cash Advance:  Credit extended to you in the form of a cash loan through any financial institution hon -
oring the Card either presented directly or through any other credit instrument, check, device, overdraft 
coverage plan or ATM that we make available to you or that you use. All cash equivalent transactions 
will be treated as Cash Advances and will be billed to the Cash Advance segment of your Account. 
Transactions that we view as �cash equivalent transactions� include without limitation using your Card 
to purchase wire transfer money orders, bets, lottery tickets, casino gaming chips, and other similar 
products and services.
Closing Date:  The date of the last day of a Billing Cycle.
Credit Limit:  The maximum amount of credit available to you on your Account. Your Credit Limit will be 
disclosed on your Card Carrier and your monthly Statements.
Purchase:  Any extension of credit to your Account for the purpose of purchasing or leasing goods or 
services from participating merchants.
Statement:  A monthly document we provide to you showing Account information including, among oth -
er things, Purchase and Cash Advance transactions, credits and debits, payments, fees, and interest 
charges made to your Account during a Billing Cycle.
Purchases and Cash Advances.  You may use your Card to purchase or lease goods or services from 
participating merchants. You may also use your Card to obtain Cash Advances from your Account at an 
ATM, or by presenting it to any institution that accepts the Card for that purpose. There are dollar limita -
tions on individual Cash Advance transactions, and we may set a Cash Advance Limit for your Account. 
Please contact us for information about the Cash Advance limitations that apply to your Account. In 
addition, we may limit your Account to only one Cash Advance transaction per day.
You promise to pay us and are liable for all amounts resulting from the authorized use of your Card or 
Account, plus any applicable interest charges and other applicable charges or fees, payable in U.S.    mailed to you, or if we own the company 
that sold you the goods or services.)
 2.  You must have used your credit card for the 
Purchase. Purchases made with cash ad -
vances from an ATM or with a check that 
accesses your credit card account do not 
qualify.
 3.  You must not yet have fully paid for the Pur -
chase.
If all of the criteria above are met and you are still 
dissatisfied with the Purchase, contact us in writ -
ing at Genesis FS Card Services, P.O. Box 4499, 
Beaverton, OR 97076-4499. While we investigate, 
the same rules apply to the disputed amount as 
discussed above.  After we finish our investiga -
tion, we will tell you our decision.  At that point, if 
we think you owe an amount and you do not pay, 
we may report you as delinquent.
The Card Issuer:
First Electronic Bankrequired to investigate any potential errors, and 
you may have to pay the amount in question.
What Will Happen After We Receive Your Let -
ter
When we receive your letter, we must do two 
things:
 1.  Within 30 days of receiving your letter, we 
must tell you that we received your letter.  
We will also tell you if we have already cor -
rected the error.
 2.  Within 90 days of receiving your letter, we 
must either correct the error or explain to 
you why we believe the bill is correct.
While we investigate whether or not there has 
been an error:
 �  We cannot try to collect the amount in 
question, or report you as delinquent on 
that amount.
 �  The charge in question may remain on your 
Statement, and we may continue to charge 
you interest on that amount.
 �  While you do not have to pay the amount 
in question, you are responsible for the re -
mainder of your balance.
 �  We can apply any unpaid amount against 
your Credit Limit.
After we finish our investigation, one of two 
things will happen:
 �  If we made a mistake:  You will not have to 
pay the amount in question or any interest 
or other fees related to that amount.
 �  If we do not believe there was a mistake: 
You will have to pay the amount in question, 
along with applicable interest and fees. 
We will then send you a Statement of the 
amount you owe and the date payment is 
due. We may then report you as delinquent 
if you do not pay the amount we think you 
owe.
If you receive our explanation but still believe your 
bill is wrong, you must write to us within 10 days 
telling us that you still refuse to pay. If you do so, 
we cannot report you as delinquent without also 
reporting that you are questioning your bill. We 
must tell you the name of anyone to whom we re -
ported you as delinquent, and we must let those 
organizations know when the matter has been 
settled between us.  If we do not follow all of the 
rules above, you do not have to pay the first $50 
of the amount you question, even if your bill is 
correct.
Your Rights If You Are Dissatisfied With Your 
Credit Card Purchases
If you are dissatisfied with the goods or services 
that you have purchased with your credit card, 
and you have tried in good faith to correct the 
problem with the merchant, you may have the 
right not to pay the remaining amount due on the 
Purchase.  To use this right, all of the following 
must be true:
 1.  The Purchase must have been made in 
your home state or within 100 miles of your 
current mailing address, and the Purchase 
price must have been more than $50. (Note:  
Neither of these are necessary if your Pur -
chase was based on an advertisement we get a copy of the Arbitration Rules without cost 
if you ask us in writing to do so. The Arbitration 
Rules permit you to request deferral or reduction 
of the administrative fees of arbitration if paying 
them would cause you a hardship. In addition, if 
you ask us in writing, we will consider your re -
quest to pay any or all of your costs of arbitration.
Each arbitrator shall be a licensed attorney who 
has been engaged in the private practice of law 
continuously during the ten years immediate -
ly preceding the arbitration or a retired judge of 
a court of general or appellate jurisdiction. The 
arbitration award shall award only such relief as 
a court of competent jurisdiction could properly 
award under applicable law, including attorneys� 
fees if allowed by applicable law or agreement. 
All statutes of limitation, defenses, and attor -
ney-client and other privileges that would apply 
in a court proceeding will apply in the arbitration. 
If any provision of this Section regarding arbitra -
tion of disputes shall be deemed to be unenforce -
able, the remainder of this Section shall be given 
full force and effect. However, if the provision 
precluding class, representative or private attor -
ney general Claims in arbitration is deemed unen -
forceable, then this entire Arbitration Agreement 
shall be void and of no force and effect.
You may reject this provision, in which case only 
a court may be used to resolve any dispute or 
claim. Rejection will not affect any other aspect of 
the Agreement. To reject this Provision, you must 
send us a notice within sixty (60) days after you 
open your Account or we first provide you with 
a right to reject this Provision. This notice must 
include your name, address and Account Number 
and be mailed to Genesis FS Card Services, Inc., 
Attn: Arbitration Provision, P.O. Box 4477, Bea -
verton, Oregon 97076. This is the only way you 
can reject this Provision.
YOUR BILLING RIGHTS � KEEP THIS NOTICE 
FOR FUTURE USE
This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act.
What To Do If You Think You Find A Mistake On 
Your Statement
If you think there is an error on your Statement, 
please write to us at:  Genesis FS Card Services, 
P.O. Box 4499, Beaverton, OR 97076-4499.
In your letter, give us the following information:
 �  Account information:  Y o u r  n a m e  a n d  A c -
count number.
 �  Dollar amount:  The dollar amount of the 
suspected error.
 �  Description of problem:  If you think there 
is an error on your bill, describe what you 
believe is wrong and why you believe it is a 
mistake.
You must contact us:
 �  Within 60 days after the error appeared on 
your Statement.
 �  At least three (3) business days before an 
automated payment is scheduled, if you 
want to stop payment on the amount you 
think is wrong.
You must notify us of any potential errors in writ -
ing. You may call us, but if you do we are not ter what happens to your Account, including the 
closing of your Account. Except as expressly pro -
vided below, you must arbitrate individually, by 
binding arbitration under the Federal Arbitration 
Act (�FAA�), any dispute or claim between you, 
any joint Cardholder and/or Authorized User, on 
the one hand, and us , our affiliates, and agents, 
and/or any servicer of your Account, including, 
but not limited to, Genesis, on the other hand, if 
the dispute or claim arises out of or is related to 
(a) this Agreement (including without limitation, 
any dispute over the validity of this Agreement to 
arbitrate disputes or of this entire Agreement), or 
(b) your Account, or (c) any relationship resulting 
from this Agreement, or (d) any insurance or other 
service related to your Account, or (e) any other 
agreement related to your Account (including pri -
or agreements) or any such service, or (f) breach 
of this Agreement or any other such agreement, 
whether based on statute, contract, tort or any 
other legal theory (any �Claim�). However, we will 
not require you to arbitrate any individual Claims 
in small claims court or your state�s equivalent 
court, so long as it remains an individual case in 
that court.
YOU AGREE NOT TO PARTICIPATE IN A CLASS, 
REPRESENTATIVE OR PRIVATE ATTORNEY 
GENERAL ACTION AGAINST US OR ANY SER -
VICER OF YOUR ACCOUNT, INCLUDING, BUT 
NOT LIMITED TO, GENESIS, IN COURT OR 
ARBITRATION. ALSO, YOU MAY NOT BRING 
CLAIMS AGAINST US OR ANY SERVICER OF 
YOUR ACCOUNT, INCLUDING, BUT NOT LIMIT -
ED TO GENESIS, ON BEHALF OF ANY CARD -
HOLDER WHO IS NOT A JOINT CARDHOLDER 
WITH YOU OR AN AUTHORIZED USER ON YOUR 
ACCOUNT (AN �UNRELATED CARDHOLDER�), 
AND YOU AGREE THAT NO UNRELATED CARD -
HOLDER MAY BRING ANY CLAIMS AGAINST 
US OR ANY SERVICER OF YOUR ACCOUNT, IN -
CLUDING, BUT NOT LIMITED TO, GENESIS, ON 
YOUR BEHALF. CLAIMS BY YOU AND AN UN -
RELATED CARDHOLDER MAY NOT BE JOINED 
IN A SINGLE ARBITRATION. THE ARBITRATOR 
WILL NOT HAVE THE POWER TO CONSIDER 
SUCH CLASS, REPRESENTATIVE OR PRIVATE 
ATTORNEY GENERAL ACTIONS OR ANY SUCH 
CLAIMS YOU BRING ON BEHALF OF AN UNRE -
LATED CARDHOLDER.
Judgment on the arbitration award may be en -
tered in any court having jurisdiction. Any dispute 
regarding whether a particular controversy is 
subject to arbitration, or the applicability or en -
forceability of the foregoing paragraph, will be 
decided by a court and not by an arbitrator.
If you or we or any servicer of your Account, in -
cluding, but not limited to, Genesis, elect to ar -
bitrate a claim, the electing party must notify the 
other party in writing. The notice can be given af -
ter the beginning of a lawsuit and can be given in 
papers filed in the lawsuit. Otherwise, your notice 
must be sent to Genesis FS Card Services, Inc., 
Attn: Arbitration Demand, P.O. Box 4477, Beaver -
ton, Oregon 97076, and our notice must be sent 
to the most recent address for you in our files. 
The arbitration will be administered by the Amer -
ican Arbitration Association (the �AAA�) under its 
rules in effect at the time an arbitration is com -
menced that are applicable to the resolution of 
consumer disputes (the �Arbitration Rules�). We 
will tell you how to contact the AAA and how to you may be unable to use your Card or obtain 
information about your Account. We will not be 
responsible or liable if this happens.
Change of Address, Employment and Tele -
phone. We will send all written notices and 
Statements to your address as it appears on our 
records. To avoid delays and missed payments 
that could affect your credit standing, you agree 
to promptly advise us if you change your mail -
ing address, place of employment, or telephone 
number.
Severability.  In the event that any provision of 
this Agreement is determined to be invalid or un -
enforceable for any reason, the remaining provi -
sions will remain in effect.
Entire Agreement; Interpretation.  This Agree -
ment (including other documents incorporated 
herein by reference) constitutes the final expres -
sion of the credit agreement between you and us 
relating to your Account. The headings used in 
this Agreement are for the convenience of refer -
ence only and are not intended to define or de -
scribe the scope or intent of any portion of the 
Agreement.
Governing Law.  Except as expressly set forth in 
the Arbitration of Disputes section, this Agree -
ment and the interpretation and enforcement 
thereof (including but not limited to the exporta -
tion of interest rates) will be governed by Feder -
al law that applies to us, and to the extent not 
preempted by Federal law, the laws of the State 
of Utah, without regard to its conflicts of law 
provisions and principles. If there is any conflict 
between any of the terms and conditions of this 
Agreement and applicable Federal or State law, 
this Agreement will be considered changed to the 
extent necessary to comply with the applicable 
law.
Arbitration of Disputes Provision.  PLEASE 
READ THIS ARBITRATION OF DISPUTES PROVI -
SION CAREFULLY. UNLESS YOU SEND US THE 
REJECTION NOTICE DESCRIBED BELOW, THIS 
PROVISION WILL APPLY TO YOUR ACCOUNT, 
AND MOST DISPUTES BETWEEN YOU, ON THE 
ONE HAND, AND US OR ANY SERVICER OF 
YOUR ACCOUNT, INCLUDING, BUT NOT LIM -
ITED TO, GENESIS FS CARD SERVICES, INC. 
(�GENESIS�), ON THE OTHER HAND, WILL BE 
SUBJECT TO INDIVIDUAL ARBITRATION. THIS 
MEANS THAT: (1) NEITHER A COURT NOR A 
JURY WILL RESOLVE ANY SUCH DISPUTE; (2) 
YOU WILL NOT BE ABLE TO PARTICIPATE IN 
A CLASS ACTION OR SIMILAR PROCEEDING; 
(3) LESS INFORMATION WILL BE AVAILABLE; 
AND (4) APPEAL RIGHTS WILL BE LIMITED. 
THIS ARBITRATION OF DISPUTES PROVISION 
DOES NOT APPLY TO YOU IF, AS OF THE DATE 
OF THIS AGREEMENT, YOU ARE A MEMBER 
OF THE ARMED FORCES OR A DEPENDENT 
OF SUCH MEMBER ENTITLED TO PROTEC -
TION UNDER THE FEDERAL MILITARY LEND -
ING ACT. PLEASE SEE THE SECTION OF THIS 
AGREEMENT LABELED �MILITARY LENDING 
ACT.� IF YOU WOULD LIKE MORE INFORMA -
TION ABOUT WHETHER YOU ARE ENTITLED 
TO PROTECTION UNDER THE FEDERAL MILI -
TARY LENDING ACT, YOU MAY CONTACT US AT 
1-800-583-5698.
This provision replaces any existing arbitration 
provision with us and will stay in force no mat -Account and want to remove one of the names 
from the Account, we must receive a written re -
quest signed by both of the Cardholders on the 
Account and all Cards must be returned upon 
request. No party is released from the obligation 
for the balance owing on a joint Account, unless 
we agree to the arrangements in writing. You may 
have to reapply for a new Card for an individual 
Account when you request a change from a joint 
Account to an individual Account.
If your Account is closed or suspended for any 
reason, you must stop using your Card. You 
must also cancel all billing arrangements to the 
Account. We will not do this for you. If we close 
or permanently suspend your Account, you must 
also return all Cards to us. You must still pay us 
all amounts you owe on the Account, even if they 
are charged after your Account is closed or sus -
pended.
Additional Benefits and Services.  From time 
to time, we may offer you benefits and services 
with your Account. These benefits and services 
may be provided by us or third parties. Unless 
expressly made a part of this Agreement, and 
except as provided in the Arbitration of Disputes 
section below, any such benefits and services 
are not a part of this Agreement, and are sub -
ject only to the terms and conditions outlined in 
the benefits or services brochure and other offi -
cial documents provided to you with respect to 
the benefits and services. We may adjust, add, 
or delete benefits or services at any time in ac -
cordance with the brochures or documents you 
receive. Except as required by applicable law, we 
are not liable for benefits or services provided by 
third parties or the actions or omissions of those 
third parties.
Foreign Currency Conversion.  Payment must 
be made in U.S. Dollars for charges you incur in 
any other currency. If you effect a transaction with 
your Card in a currency other than U.S. Dollars, 
Mastercard International Incorporated (�Master -
card�) will convert the charge into a U.S. Dollar 
amount. Mastercard will act in accordance with 
its operating regulations or conversion proce -
dures in effect at the time that the transaction is 
processed. Currently, the currency conversion 
rate used by Mastercard to determine the trans -
action amount in U.S. Dollars for such transac -
tions is generally either a government mandated 
rate or a wholesale rate determined by Master -
card for the processing cycle in which the trans -
action is processed. The currency conversion 
rate used by Mastercard on the processing date 
may differ from the rate that would have been 
used on the Purchase date or monthly State -
ment posting date. We will also assess a Foreign 
Currency Conversion Fee interest charge as de -
scribed in the �How Interest Charges are Deter -
mined� section.
Honoring Your Card.  We are not responsible if 
anyone refuses to accept your Card or Account 
for any reason. Although you may have credit 
available, we may decline any transaction for any 
reason. We are not liable for any refusal to honor 
your Card or Account. 
From time to time, due to circumstances beyond 
our control (such as system failures, natural di -
sasters, or other unpredictable events), our ser -
vices may not be available. When this happens, M-133494
1 8 7 6 5 4 3 2cannot be processed and you do not correct that 
failure within 31 days, (2) you try to exceed or do 
exceed your Credit Limit without permission and 
do not bring your Account back under your Credit 
Limit within 31 days, (3) you become subject to 
bankruptcy or insolvency proceedings, (4) you 
become subject to attachment or garnishment 
proceedings, (5) you give us any false information 
or signature, (6) you die, or (7) you fail to comply 
with any portion of this Agreement. Our accepting 
a late or partial payment does not waive default. 
Default on this Account will constitute default on 
all accounts you hold with us. Subject to any no -
tice of default and right to cure or other restric -
tions of applicable law, if you are in default, we 
may declare the entire balance due immediately. 
You agree to pay our reasonable costs and attor -
neys� fees and expenses related to the collection 
of your Account, and retrieving your Card, to the 
extent permitted by applicable laws.
Change of Terms. Subject to the limitations of 
applicable law, we may, at any time, change 
or remove any of the terms and conditions of, 
or add new terms or conditions to, this Agree -
ment. If required by applicable law, we will 
mail written notice of such a change to you 
in the manner required by such law. As of the 
effective date, the changed or new terms will 
apply to new Purchases and Cash Advances 
and also to the outstanding balance of your 
Account, subject to the limitations of applica -
ble law.
Delay in Enforcement.  We can delay enforcing 
our rights under this Agreement without losing 
them.
OTHER PROVISIONS
Ownership and Use of Your Card. As the Card -
holder, you are liable for all credit obtained under 
your Account. If you authorize another person to 
use your Card, you are liable for any credit ob -
tained on your Account for as long as that person 
holds the Card. In addition, you will remain liable 
until you recover possession of the Card. Misuse 
of your Card by an authorized person will not be 
considered unauthorized use. See �Lost Cards 
and Unauthorized Use� above. Upon demand, 
you must immediately return any Card we supply 
to you or destroy the Card by cutting it in half.
Transactions.  Y ou will retain for Statement ver -
ification your copy of each Purchase slip, Cash 
Advance or other transaction to your Account.
Transfer of Your Account.  Y ou may not trans -
fer your Account to any other person. We may 
assign your Account or amounts owing under 
your Account to any other person at any time 
and the assignee will take our place under the 
Agreement with respect to all agreements and 
interests transferred. You must pay the assignee 
and otherwise perform your obligations under the 
assigned agreements and interests. 
Closing or Suspending Your Account.  We may 
close or suspend your Account or your ability to 
obtain credit on your Account, or both, at any 
time, for any reason permitted by law and with or 
without advance notice.
You may close your Account at any time by con -
tacting us. The closure of Account will not be -
come effective until you have returned to us all of 
the Cards we have given you. If you have a joint weekends or holidays, on your mobile telephone, 
voicemail or answering machine, or by email, fax, 
recorded message, text message or personal 
visit.
How to Revoke Consent for Future Commu -
nications:  If you want to revoke your consent to 
future communications as described in the pre -
vious paragraph, you must send us a written no -
tice that includes: (i) your name, mailing address, 
and Account number(s); (ii) the specific telephone 
number(s), email address(es) and/or mailing ad -
dress(es) at which you no longer wish us to con -
tact you, and (iii) the types of communications 
(telephone, text, email, and/or mail) for which you 
are revoking consent. You must send this written 
notice to: Genesis FS Card Services, P.O. Box 
4477, Beaverton, OR 97076. You understand and 
agree that it may take up to three business days 
after receipt of your written notice to process 
your request, and that you consent to continued 
communications during this period of time.  
OUR RIGHTS AND HOW THEY AFFECT YOU
Merchant Refunds.  If a merchant agrees to give 
you a refund for goods or services purchased 
with your Card or Account, you will accept a cred -
it on your Account instead of a cash refund. We 
do not control when a merchant sends us your 
refund and we will have a reasonable amount of 
time after we receive your refund to process it.
No Waiver of Rights; Disputed Amounts. We 
can accept late or partial payments without 
losing any of our rights under this Agreement. 
You agree not to send us partial payments 
marked �paid in full,� �without recourse,� or 
similar language. If you send such a payment, 
we may accept it without losing any of our 
rights under this Agreement. All written com -
munications concerning disputed amounts, 
including any check or other payment instru -
ment that indicated that the payment consti -
tutes �payment in full� of the amount owed 
or that is tendered with other conditions or 
limitations or as full satisfaction of a disputed 
amount, must be mailed or delivered to Gen -
esis FS Card Services, P.O. Box 4499, Beaver -
ton, Oregon 97076.
Credit Reports and Information.  You authorize 
us to make or have made any credit, employment, 
or other investigative inquiries we deem appro -
priate to extend you credit or collect amounts 
owed to us on your Account. We (including any 
assignee of the Account or amounts owing under 
the Account) may also obtain information about 
you from credit reporting agencies or others at 
any time and use it for the purposes of monitoring 
your credit performance, managing your Account 
and considering you for new offers and programs.
Notice of Inaccurate Information.  If you believe 
that we have information about you that is inac -
curate or that we have reported or may report to 
a credit reporting agency information about you 
that is inaccurate, please notify us of the specific 
information that you believe is inaccurate by writ -
ing to us at Genesis FS Card Services, P.O. Box 
4499, Beaverton, OR 97076.
Default and Collection.  Unless prohibited by ap -
plicable law, your Account is considered to be in 
default if (1) you fail to make the required Month -
ly Minimum Payment on or before the Payment 
Due Date, including if your payment is returned or Statement of MAPR.  Federal law provides im -
portant protections to members of the Armed 
Forces and their dependents relating to exten -
sions of consumer credit. In general, the cost of 
consumer credit to a member of the Armed Forc -
es and his or her dependent may not exceed an 
Annual Percentage Rate of 36%.  This rate must 
include, as applicable to the credit transaction or 
account: (1) the costs associated with credit in -
surance premiums; (2) fees for ancillary products 
sold in connection with the credit transaction; 
(3) any application fee charged (other than cer -
tain application fees for specified credit transac -
tions or accounts); and (4) any participation fee 
charged (other than certain participation fees for 
a credit card account).
Oral Disclosures.  In order to hear important 
disclosures and payment information about this 
Agreement, you may call 1-800-290-6421.
Applicability of Arbitration of Disputes Provision. 
The Arbitration of Disputes Provision set forth in 
this Agreement does not apply to Covered Bor -
rowers.
LOST CARDS AND UNAUTHORIZED USE
You will take reasonable steps to prevent the un -
authorized use of your Card and Account. If your 
Card is lost or stolen or if someone else might be 
using it without your permission, you must tell us 
at once. You may tell us by calling the telephone 
number on the back of your Card or on your 
Statement or by writing us at the address on your 
Statement. You will not be responsible for the 
charges made to your Account that are found by 
us to be unauthorized. If we reimburse your Ac -
count for unauthorized charges made using your 
Card or Account, you will help us investigate, pur -
sue, and get reimbursement from the wrongdoer. 
Your help includes giving us documents that we 
ask for and are acceptable to us.
COMMUNICATIONS
Telephone Monitoring and Recording; Com -
munications.  Y o u  c o n s e n t  a n d  a g r e e  t h a t ,  e x -
cept as restricted by applicable law, we may mon -
itor and/or record telephone calls regarding your 
Account, suppress caller identification services, 
use prerecorded messages, and use an auto -
mated telephone dialing and announcing system. 
You expressly consent that we and our agents, 
any servicer, or any subsequent owner of your 
Account may (i) contact you at any cellular tele -
phone number that you provided as part of your 
application, at any number that you later provide 
(including, without limitation, after your Account 
is in a default status), or at any other number that 
is identified as related to you, including by text 
message, and (ii) use automated telephone dial -
ing systems to initiate such contacts and/or leave 
recorded messages.  
If you provide us at any time with an email con -
tact for your Account, you agree we may use that 
email address to contact you about your Account 
and may send you information about products 
and services related to your Account.
We or our representatives may contact you from 
time to time regarding the Account, or to ask for 
additional information about you or your experi -
ence with us. You agree that such contacts are 
not unsolicited and may include contacts at your 
home or place of employment, during weekdays, ly Fee does not in any way limit any of our rights 
or remedies under this Agreement, in law, or in 
equity, including without limitation, our right to 
close your Account or limit transactions on your 
Account pursuant to this Agreement.
Late Fee.  If we do not receive your Monthly Min -
imum Payment by the Closing Date of the Billing 
Cycle in which the Payment Due Date occurs and 
the amount past due on your Account is more than 
$9.99, we will charge a Late Fee to your Account. 
The Late Fee is $29 if you were not charged a 
Late Fee during any of the prior six Billing Cycles. 
Otherwise, the Late Fee is $40. The Late Fee will 
never exceed the amount of your most recently 
required Monthly Minimum Payment.
Minimum Interest Charge Fee.  If the periodic 
interest charge amounts computed in the How 
Interest Charges Are Determined  section are 
an amount less than $1, then a Minimum Inter -
est Charge Fee of $1 will be charged instead of 
such smaller amounts and will be treated as a fee 
on your billing statement and added to your Pur -
chases at our discretion.
Returned Payment Fee.  If any payment on your 
Account is returned to us unpaid for any reason, 
we will charge a Returned Payment Fee to your 
Account. The Returned Payment Fee is $29 if you 
were not charged a Returned Payment Fee during 
any of the prior six Billing Cycles. Otherwise, the 
Returned Payment Fee is $40. The Returned Pay -
ment Fee will never exceed the amount of your 
most recently required Monthly Minimum Pay -
ment.
Overlimit Fee.  If you elected to have overlimit 
coverage, we may charge an Overlimit Fee when 
a transaction causes you to go over or remain 
over your Credit Limit during any Billing Cycle. 
We may also charge you two additional Over -
limit Fees if your New Balance remains over your 
Credit Limit as of the Payment Due Date in fu -
ture Billing Cycles. We will only charge you one 
Overlimit Fee per Billing Cycle, even if you go over 
your Credit Limit multiple times in the same Billing 
Cycle. The Overlimit Fee is $29 if you were not 
charged an Overlimit Fee during any of the prior 
six Billing Cycles. Otherwise, the Overlimit Fee 
is $40. The Overlimit Fee will never exceed the 
maximum amount you are over your Credit Limit 
during the Billing Cycle.
Documentation Fee.  You may request a copy 
of a Statement previously sent to you for a Doc -
umentation Fee of $3 per Statement, which will 
be applied to your Account. Copies of sales tick -
ets or other items posted to your Account may 
be obtained for a Documentation Fee of $10 per 
sales ticket or other item, which will be applied to 
your Account. Notwithstanding the foregoing, we 
will not impose any fee in connection with a good 
faith assertion of a billing error or other exercise 
of your Billing Rights (see below under �Your Bill -
ing Rights - Keep This Notice for Future Use�).
MILITARY LENDING ACT
The Military Lending Act provides protections for 
Covered Borrowers. The provisions of this sec -
tion apply to Covered Borrowers. If you would 
like more information about whether you are a 
Covered Borrower, you may contact us at 1-800-
583-5698.period on Cash Advances and there is no period 
within which to pay to avoid interest charges on 
Cash Advances.
Calculating the Purchase and Cash Advance 
Balance Subject to Interest Charges
Average Daily Balance of Purchases (includ -
ing new Purchases):  To get the Average Daily 
Balance of Purchases, we take the beginning 
Purchase balance of your Account each day, 
including unpaid fees, interest charges on Pur -
chases and Foreign Currency Conversion Fees 
on Purchases, add any new Purchases and new 
fees as of the date of transaction, and subtract 
the applicable portion of any payments and cred -
its as of the transaction date. On the first day of a 
Billing Cycle, we also add any unpaid Late Fees 
and Overlimit Fees. This gives us the daily bal -
ance for Purchases. Then we add all these daily 
balances for the Billing Cycle together and divide 
the total by the number of days in the Billing Cy -
cle. This gives us the Average Daily Balance of 
Purchases.
Average Daily Balance of Cash Advances (in -
cluding new Cash Advances):  To get the Aver -
age Daily Balance of Cash Advances, we take the 
beginning Cash Advance balance of your Account 
each day, including unpaid interest charges on 
Cash Advances and Foreign Currency Conver -
sion Fees on Cash Advances, add any new Cash 
Advances as of the date of transaction, add the 
Cash Advance Transaction Fee on any Cash Ad -
vances as of the transaction date of each Cash 
Advance, and subtract the applicable portion of 
any payments and credits as of the transaction 
date. This gives us the daily balance for Cash Ad -
vances. Then we add all these daily balances for 
the Billing Cycle together and divide the total by 
the number of days in the Billing Cycle. This gives 
us the Average Daily Balance of Cash Advances.
Computing the Purchase and Cash Advance 
Balance Monthly Periodic Rates and Corre -
sponding Annual Percentage Rates (APR)
Monthly Periodic Rates:  The Monthly Periodic 
Rate is calculated by dividing the APR by 12. The 
Purchase APR is 35.9% and the standard Month -
ly Periodic Rate for Purchases is 2.992%. The 
Cash Advance APR is 35.9% and the Monthly 
Periodic Rate for Cash Advances is 2.992%.
OTHER FEES
In addition to interest charges, a variety of fees 
may be applied to your Account, as set forth be -
low.
Annual Fee.  We will charge an initial Annual Fee 
of $125 to your Account on or about the date your 
Account is opened and then a renewal Annual 
Fee of $49 on or about each anniversary of that 
date. The initial Annual Fee is nonrefundable; the 
renewal Annual Fee is also nonrefundable unless 
you notify us to cancel your Account within 30 
days from the mailing date of the billing State -
ment or other communication containing the re -
newal Annual Fee notice.
Monthly Fee.  We will not charge a Monthly Fee 
to your Account during the first year (ie. the intro -
ductory year) that your Account is open. There -
after, we will charge a Monthly Fee of $10.40 per 
month ($124.80 annually) to your Account at the 
close of each Billing Cycle unless you notify us to 
cancel your Account. Your payment of the Month - 1.  A Cash Advance Transaction Fee imposed 
on each Cash Advance transaction posted 
during a Billing Cycle, in an amount equal 
to the greater of $5 or 5% of the amount 
of each Cash Advance, not to exceed $100. 
Any unpaid Cash Advance Transaction Fee 
will be added to the calculation of your Av -
erage Daily Balance of Cash Advances. 
 2.  Periodic interest charge computed by ap -
plying the applicable Monthly Periodic 
Rate or Rates, determined as provided be -
low under Computing the Purchase and 
Cash Advance Balance Monthly Periodic 
Rates and Corresponding Annual Per -
centage Rates (APR)  to:
   a.  your Average Daily Balance of Cash Ad -
vances (including new Cash Advances); 
and
   b.  your Average Daily Balance of Purchases 
(including new Purchases).
   However, if the total of the amounts so 
computed is an amount less than $1, then 
a Minimum Interest Charge Fee of $1 will be 
imposed instead of such smaller amounts. 
 3.  A Foreign Currency Conversion Fee in an 
amount equal to 1% of the converted U.S. 
dollar amount of each transaction, includ -
ing Cash Advances and Purchases, that 
is effected in any currency other than U.S. 
dollars.
When Interest Charges Begin to Accrue.  In-
terest charges on Purchases will be imposed at 
the applicable Monthly Periodic Rate from the 
date each Purchase is made, and will continue to 
accrue on unpaid balances as long as they re -
main unpaid. However, we do not assess interest 
charges in the following circumstances:
 1.  If you paid the New Balance at the begin -
ning of your previous Billing Cycle by the 
Payment Due Date during the previous Bill -
ing Cycle, or if that New Balance was $0 or 
a credit balance, then:
   a.  if you pay the New Balance on your cur -
rent Statement in full by the Payment 
Due Date in your current Billing Cycle, we 
will not assess interest charges on Pur -
chases during your current Billing Cycle; 
and
  b.  if you make a payment that is less than 
the New Balance by the Payment Due 
Date in your current Billing Cycle, we will 
credit that payment as of the first day in 
your current Billing Cycle.
 2.  If you had a New Balance at the beginning 
of your previous Billing Cycle and you did 
not pay that New Balance by the Payment 
Due Date during that previous Billing Cycle, 
then we will not assess interest charges on 
any Purchases during the current Billing 
Cycle if you pay the New Balance at the be -
ginning of your current Billing Cycle by the 
Payment Due Date in your current Billing 
Cycle.
Periodic interest charges on Cash Advances will 
be imposed at the applicable Monthly Periodic 
Rate from the date each Cash Advance is made 
and will continue to accrue on unpaid balances 
as long as they remain unpaid. There is no grace lowing the other instructions on the Statement to 
Genesis FS Card Services, PO Box 23030, Co -
lumbus, GA 31902-3030. Any payment received 
in that form and at that address on or before 5:00 
P.M., Eastern Time, on a normal banking day will 
be credited to your Account that day. If your pay -
ment is received in that form and at that address 
after 5:00 P.M., Eastern Time, on a normal bank -
ing day, or any time on a non-banking day, we 
will credit it to your Account the next banking day. 
However, if your Payment Due Date occurs on a 
non-banking day, any payment received the next 
day which conforms to the above requirements 
will not be treated as late. Please allow at least 
seven (7) business days for postal delivery. Pay -
ments received by us at any other location or in 
any other form may not be credited as of the day 
we receive them.
If we accept a payment at a place other than the 
address in the immediately preceding paragraph, 
we may delay the crediting of the payment for up 
to five (5) days. This may cause you to incur Late 
Fees and additional interest charges, and may 
result in your Account being declared in default.
We do not accept cash payments through the 
mail. You may not make payments with funds 
from your Account or any other credit account 
issued by us.
When you provide a check as payment, you au -
thorize us either to use information from your 
check to make a one-time electronic fund transfer 
from your account or to process the payment as a 
check transaction. When we use information from 
your check to make an electronic fund transfer, 
funds may be withdrawn from your account as 
soon as the same day we receive your payment 
and you will not receive your check back from 
your financial institution.
At any time, you may pay part or all of the full 
amount you owe without incurring any additional 
charge for prepayment.  The amount of any pay -
ment that exceeds your total New Balance will 
be applied as a credit to your Account, and any 
remaining credit balance will be refunded as re -
quired by law.
Credit availability may be delayed at our sole dis -
cretion to ensure payment in good funds. Your 
available credit on your Credit Limit may not re -
flect your payments for up to 14 days.
Application of Payments.  For each Billing Cy -
cle, payments up to the amount of your Monthly 
Minimum Payment will be allocated in any way 
we determine, including to balances with lower 
Annual Percentage Rates before balances with 
higher Annual Percentage Rates. We will gen -
erally apply payments up to the amount of your 
Monthly Minimum Payment in a manner most fa -
vorable or convenient for us. 
For each Billing Cycle, to the extent your pay -
ments exceed your Monthly Minimum Payment, 
we will apply these excess amounts in the order 
required by applicable law.
HOW INTEREST CHARGES ARE  
DETERMINED
Your interest charge for any Billing Cycle will 
include the following components, the total of 
which constitutes your total interest charge for 
the Billing Cycle:dollars. This includes amounts where you did 
not sign a purchase slip or other documents for 
the transaction. If you use your Account number 
without presenting your actual Card, such as for 
mail, telephone, or internet purchases, this will be 
treated the same way as if you presented your 
Card. Your promise to pay us will apply to your 
estate if you die.
We may limit and restrict the use of the Account/
Card at our discretion. Such limitations and re -
strictions include, but are not limited to, gambling 
transactions, which include, but are not limited to, 
internet-related lottery tickets, casino gambling 
chips, off-track betting and wagers at racetracks. 
You remain responsible for use of your Account/
Card in any such transactions.
The Card may only be used for valid and lawful 
purposes. If you use, or you authorize someone 
else to use, the Card or Account for an unlawful 
or impermissible purpose, you will be responsible 
for such use and may be required to reimburse us 
or Mastercard for any amounts or expenses we or 
they incur as a result of such use.
The Card is and remains our property, and you 
will surrender it to us at any time upon request.
Your Credit Limit.  You may not use your Account 
in any way that would cause you to go over your 
Credit Limit. We may refuse to authorize or ac -
cept any transaction on your Account that would 
cause you to exceed your Credit Limit, even if you 
have authorized us to charge you an Overlimit Fee 
for doing so. We may temporarily agree to allow 
you to exceed your Credit Limit; however, in that 
case you must repay the excess amount accord -
ing to the terms of this Agreement.  Any transac -
tions honored in excess of your Credit Limit will 
not result in an increase of your Credit Limit. We 
may at any time and without prior notice to you 
increase or decrease your Credit Limit, limit the 
Credit Limit for Cash Advances or take away your 
ability to obtain Cash Advances.
MAKING PAYMENTS
Monthly Statements.  We will send a Statement 
at the end of each monthly Billing Cycle if there is 
a debit or credit balance on your account of $1 or 
more, a balance on which an interest charge has 
been imposed, or as otherwise required by ap -
plicable law. You agree to pay us, or any party to 
whom we may transfer and assign your Account 
or the amounts owing under your Account, in 
U.S. dollars according to all terms and conditions 
of this Agreement. Payments made by a check, 
money order or other negotiable instrument must 
be in a form acceptable to us and drawn on a U.S. 
financial institution.
Monthly Minimum Payment.  The Monthly Mini -
mum Payment is 7% of your New Balance or $40 
whichever is greater, rounded to nearest dollar. If 
you elect not to pay your New Balance in full, you 
must pay at least the Monthly Minimum Payment by 
the Payment Due Date shown on your Statement, 
which is at least 25 days after the Closing Date of 
the Billing Cycle. Your Monthly Minimum Payment 
also will include any past due amounts. If your New 
Balance is less than or equal to your Monthly Min -
imum Payment, then your Monthly Minimum Pay -
ment will be equal to your New Balance.
Payments should be mailed with the payment 
coupon and in the envelope provided and fol -