Destiny® Mastercard® Cardholder Agreement 

M-134158

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; 
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  Contains important information about your Account. 

Includes the Pricing Information and other 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 

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  outlines  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 submitted 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 Agreement. 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 Account 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 Purchases, 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 honoring 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 other 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 limitations 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. 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 restrictions 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 accept 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 according to the terms of this Agreement. Any 
transactions 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 
applicable 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 Minimum 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 Minimum Payment, then your Monthly Minimum Payment will be equal to your New Balance. 

Payments should be mailed with the payment coupon and in the envelope provided and following the other instructions 
on the Statement to Genesis FS Card Services, P.O. Box 23030, Columbus, 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 payment is received in that form and at that address after 5:00 P.M., Eastern Time, on a normal banking 
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. Payments 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 authorize 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 payment that exceeds your total New Balance will be applied as a credit to your Account, and any 
remaining credit balance will be refunded as required by law. 

Credit availability may be delayed at our sole discretion to ensure payment in good funds. Your available credit on your 
Credit Limit may not reflect your payments for up to 14 days. 

Application of Payments. For each Billing Cycle, 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 generally apply payments up to the amount of your Monthly Minimum Payment in a 
manner most favorable or convenient for us.  

For each Billing Cycle, to the extent your payments 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: 

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 Average Daily Balance of Cash Advances.  
2.    Periodic  interest  charge  computed  by  applying  the  applicable  Monthly  Periodic  Rate  or  Rates,  determined  as 
provided  below  under  Computing  the  Purchase  and  Cash  Advance  Balance  Monthly  Periodic  Rates  and 
Corresponding Annual Percentage Rates (APR) to: 

a.   your Average Daily Balance of Cash Advances (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, including Cash Advances and Purchases, that is effected in any currency other than U.S. dollars. 

When Interest Charges Begin to Accrue. Interest 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 remain unpaid. 
However, we do not assess interest charges in the following circumstances: 

1.   If you paid the New Balance at the beginning of your previous Billing Cycle by the Payment Due Date during the 

previous Billing Cycle, or if that New Balance was $0 or a credit balance, then: 

a.   if you pay the New Balance on your current Statement in full by the Payment Due Date in your current 
Billing Cycle, we will not assess interest charges on Purchases 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 beginning 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 
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 (including 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  Purchases  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 credits 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 balance 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 Cycle. This gives us 
the Average Daily Balance of Purchases. 

Average  Daily  Balance  of  Cash  Advances  (including  new  Cash  Advances):  To  get  the  Average  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 Conversion Fees on Cash Advances, add any new Cash Advances as of the date of 
transaction, add the Cash Advance Transaction Fee on any Cash Advances 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 Advances. 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  Corresponding  Annual  Percentage 
Rates (APR) 
Monthly Periodic Rates: The Monthly Periodic Rate is calculated by dividing the APR by 12. See the Pricing Information 
for the APRs and Monthly Periodic Rates.  

OTHER FEES 
In addition to interest charges, a variety of fees may be applied to your Account, as set forth below. 

Annual Fee. We will charge an initial Annual Fee to your Account on or about the date your Account is opened and then 
a renewal Annual Fee 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 Statement or other communication containing the renewal Annual Fee notice. If your Account has an initial and 
renewal Annual Fee, see the Pricing Information for the amount of the Fee.  

Monthly Fee. We will charge a Monthly Fee to your Account at the close of each Billing Cycle unless you notify us to cancel 
your  Account.  Your  payment  of  the  Monthly  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. If your Account has a Monthly Fee, see the Pricing Information for the amount of 
the Fee. 

Late  Fee.  If  we  do  not  receive  your  Monthly Minimum  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 will never exceed the amount of your most recently required Monthly Minimum Payment. See the 
Pricing Information for the amount of the Late Fee.  

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 Interest 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 Purchases 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 will never exceed the amount of your most recently required 
Monthly Minimum Payment. See the Pricing Information for the amount of the Returned Payment Fee. 

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 Overlimit Fees 
if your New Balance remains over your Credit Limit as of the Payment Due Date in future 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 will never exceed the maximum amount you are over your Credit Limit during the Billing Cycle. See the 
Pricing Information for the amount of the Overlimit Fee. 

Documentation Fee. You may request a copy of a Statement previously sent to you for a Documentation Fee of $3 per 
Statement, which will be applied to your Account. Copies of sales tickets 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 Billing Rights - Keep This Notice for Future Use”). 

MILITARY LENDING ACT 
The Military Lending  Act  provides  protections  for  Covered  Borrowers.  The  provisions of  this  section  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. 

Statement of MAPR. Federal law provides important protections to members of the Armed Forces and their dependents 
relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces 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 insurance premiums; (2) fees for ancillary products sold in 
connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified 
credit transactions 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 Borrowers. 

LOST CARDS AND UNAUTHORIZED USE 
You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card is lost or stolen or 
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 Account 
for unauthorized charges made using your Card or Account, you will help us investigate, pursue, 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; Communications. You consent and agree that, except as restricted by applicable 
law, we may monitor and/or record telephone calls regarding your Account, suppress caller identification services, use 
prerecorded messages, and use an automated 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 telephone 
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 dialing systems to initiate such contacts and/or leave recorded messages.  

If you provide us at any time with an email contact 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 experience with us. You agree that such contacts are not unsolicited and may include contacts at your 
home or place of employment, during weekdays, 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 Communications: If you want to revoke your consent to future communications as 
described in the previous paragraph, you must send us a written notice that includes: (i) your name, mailing address, and 
Account number(s); (ii) the specific telephone number(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 (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 credit 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 communications concerning disputed amounts, including any check or other payment instrument that indicated 
that  the  payment  constitutes  “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 Genesis FS Card Services, P.O. 
Box 4499, Beaverton, Oregon 97076. 

Credit Reports and Information. You authorize us to make or have made any credit, employment, or other investigative 
inquiries we deem appropriate 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 inaccurate 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 writing to us at Genesis FS Card Services, P.O. Box 4499, Beaverton, 
OR 97076. 

Default and Collection. Unless prohibited by applicable law, your Account is considered to be in default if (1) you fail to 
make the required Monthly Minimum Payment on or before the Payment Due Date, including if your payment is returned 
or cannot 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 notice of default and right to cure or other restrictions of applicable law, if you 
are in default, we may declare the entire balance due immediately. You agree to pay our reasonable costs and attorneys’ 
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 Agreement. 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 applicable 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 Cardholder, 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 obtained 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. You will retain for Statement verification your copy of each Purchase slip, Cash Advance or other transaction 
to your Account. 

Transfer  of  Your  Account.  You  may  not  transfer  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 contacting us. The closure of Account will not become effective until you have 
returned to us all of the Cards we have given you. If you have a joint Account and want to remove one of the names from 
the Account, we must receive a written request 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 suspended. 

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 subject only to the terms and conditions outlined in the benefits or services brochure and other official documents 
provided to you with respect to the benefits and services. We may adjust, add, or delete benefits or services at any time 
in accordance 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 
(“Mastercard”) will convert the charge into a U.S. Dollar amount. Mastercard will act in accordance with its operating 
regulations  or  conversion  procedures  in  effect  at  the  time  that  the  transaction  is  processed.  Currently,  the  currency 
conversion rate used by Mastercard to determine the transaction amount in U.S. Dollars for such transactions is generally 
either a government mandated rate or a wholesale rate determined by Mastercard for the processing cycle in which the 
transaction 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 Statement posting date. We will also assess a Foreign 
Currency Conversion Fee interest charge as described in the “How Interest Charges are Determined” 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  disasters,  or  other 
unpredictable events), our services may not be available. When this happens, 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 Telephone. 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 mailing address, place of employment, or telephone number. 

Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, 
the remaining provisions will remain in effect. 

Entire  Agreement;  Interpretation.  This  Agreement  (including  other  documents  incorporated  herein  by  reference) 
constitutes the final expression of the credit agreement between you and us relating to your Account. The headings used 
in this 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 Agreement. 

Governing Law. Except as expressly set forth in the Arbitration of Disputes section, this Agreement and the interpretation 
and enforcement thereof (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 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 PROVISION 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 
LIMITED  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 PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT. PLEASE SEE THE SECTION OF THIS AGREEMENT 
LABELED “MILITARY LENDING ACT.” IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE ENTITLED TO 
PROTECTION UNDER THE FEDERAL MILITARY 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 matter what happens to your 
Account, including the closing of your Account. Except as expressly provided 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 prior 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 SERVICER 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 LIMITED TO GENESIS, 
ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT CARDHOLDER WITH YOU OR AN AUTHORIZED USER ON YOUR 
ACCOUNT  (AN  “UNRELATED  CARDHOLDER”),  AND  YOU  AGREE  THAT  NO  UNRELATED  CARDHOLDER  MAY  BRING  ANY 
CLAIMS  AGAINST  US  OR  ANY  SERVICER  OF  YOUR  ACCOUNT,  INCLUDING,  BUT  NOT  LIMITED  TO,  GENESIS,  ON  YOUR 
BEHALF.  CLAIMS  BY  YOU  AND  AN  UNRELATED  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 UNRELATED CARDHOLDER. 

Judgment on the  arbitration award may be  entered in any court having jurisdiction. Any dispute regarding whether a 
particular controversy is subject to arbitration, or the applicability or enforceability 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, including, but not limited to, Genesis, elect to arbitrate a claim, the electing 
party must notify the other party in writing. The notice can be given after 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, Beaverton, 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 American Arbitration Association (the “AAA”) under its rules in effect at the time 
an arbitration is commenced that are applicable to the resolution of consumer disputes (the “Arbitration Rules”). We will 
tell you how to contact the AAA and how to 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 request 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  immediately  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 attorney-
client and other privileges that would apply in a court proceeding will apply in the arbitration.  

If any provision of this Section regarding arbitration of disputes shall be deemed to be unenforceable, the remainder of 
this  Section  shall  be  given  full  force  and  effect.  However,  if  the  provision  precluding  class,  representative  or  private 
attorney general Claims in arbitration is deemed unenforceable, 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, 
Beaverton, 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: Your name and Account number. 
•   Dollar amount: The dollar amount of the suspected error. 
•    Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you 

believe it is a mistake. 

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 writing. You may call us, but if you do we are not required to investigate any 
potential errors, and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1.   Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we 

have already corrected the error. 

2.   Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill 

is correct. 

While we investigate whether or not there has been an error: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
•   We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•   The  charge  in  question  may  remain  on  your  Statement,  and  we  may  continue  to  charge  you  interest  on  that 

amount. 

•   While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
•   We can apply any unpaid amount against your Credit Limit. 

After we finish our investigation, one of two things will happen: 

•     If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that 

amount. 

•   If we  do not believe there was  a mistake:  You will have  to pay  the amount  in question, along with applicable 
interest 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 reported you as delinquent, and we must let those organizations 
know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the 
first $50 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 Purchase was 
based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 
2.   You must have used your credit card for the Purchase. Purchases made with cash advances 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 Purchase. 

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing 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 investigation, we will tell you our decision. At that point, if we think you owe an 
amount and you do not pay, we may report you as delinquent. 

The Card Issuer: 
First Electronic Bank