Pricing Information Addendum 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

Prime Rate plus from 5.99% to 12.99%.   
This APR will vary with the market based on the Prime Rate. 

APR for Balance 
Transfers 

Prime Rate plus from 5.99% to 12.99%.   
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

Prime Rate plus 12.99%. 
This APR will vary with the market based on the Prime Rate. 

Penalty APR and When 
It Applies 

None 

Minimum Interest 
Charge 
Grace Period/Paying 
Interest 

Balance Computation 
Method 

Fees 
Annual Fee 
Transaction Fees 
   Balance Transfer 

   Cash Advance 
   Foreign Transaction 

Penalty Fees 
   Late Payment 

   Over-the-Credit Limit 
   Returned Payment 

Other Fees 
   Required Insurance, 
    Debt Cancellation or  
    Suspension Coverage 

If you are charged interest, the charge will be no less than $1.50. 

Your due date is at least 25 days after the close of each billing cycle. We will not charge you any 
interest on purchases if you pay your entire balance by the due date each month. We will begin 
charging interest on cash advances on the transaction date. 

Average Daily Balance (including new transactions)* 

None 

Either $10 or 3% of the amount of each transfer, whichever is greater (maximum fee: $100).   
Waived for balance transfers at time of account opening. 
Either $10 or 3% of the amount of each cash advance, whichever is greater (maximum fee: $100). 
1% of each transaction in U.S. dollars. 

Up to $19 if balance is less than $100. 
Up to $25 if balance is $100 or more. 
None 
Up to $25. 

None 

*Average Daily Balance (including new transactions). The Interest Charge on Purchases, Balance Transfers, and Cash 
Advances is calculated using the Average Daily Balance Method (including new transactions).  Under this method, the 
Interest Charge for a billing cycle is computed by applying the monthly periodic rate to the “average daily balance” of 
Purchases, Balance Transfers, or Cash Advances, as applicable.  To calculate the average daily balance, we take the beginning 
balance of Purchases, Balance Transfers, or Cash Advances each day, add any new Purchases, Balance Transfers, or Cash 
Advances, and subtract any payments, credits, non-accruing fees, and unpaid Interest Charges applicable to Purchases, 
Balance Transfers, or Cash Advances as of their posting dates.  This gives us the daily balance.  Then we add up all the daily 
balances for the billing cycle and divide the total by the number of days in the billing cycle.     

Periodic Rate.  The monthly periodic rate is calculated by dividing the Annual Percentage Rate by 12.   

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Variable Rate Disclosures. The Prime Rate used to determine your variable Annual Percentage Rate for Credit Purchases, 
Cash Advances, and Balance Transfers for the billing period ending in any month is the U.S. Prime Rate published in the Wall 
Street Journal on the 1st day (or if the 1st day is not a business day, the preceding business day) of the prior month.  If more 
than one U.S. Prime Rate is published, the highest rate will be used. The variable Annual Percentage Rate for Credit 
Purchases, Cash Advances, and Balance Transfers will increase if the Prime Rate increases. The variable Annual Percentage 
Rate may increase once per billing cycle, and an increase in the variable Annual Percentage Rate will take effect on the first 
day of the billing cycle after the Prime Rate increases. An increase in the variable Annual Percentage Rate will result in an 
increase in your monthly periodic rate and may result in an increase in your Minimum Payment Due. 

TERMS AND CONDITIONS 

This agreement (“Agreement”) contains the terms and conditions under which CorTrust Bank, N.A. (“Issuer”) 
has agreed to establish a Visa® Cardholder Account (“Account”) for you.  Please read this Agreement carefully 
before using your Card or the Account.  The word “Card” means a Visa® Card issued in connection with your 
Account.  The words “we,” “our,” and “us” refer to Issuer, its assignees or other holders of this Agreement or 
your Account.   The words “you” and “your” mean each person who applied for the  Account  (“Cardholder”), 
and each person to whom Issuer issues a Card or who uses a Card with your consent (an “Authorized User”).  
Your  application  for  the  Account  and  your  use  of  the  Card  constitute  your  agreement  to  the  terms  and 
conditions of this Agreement.  Whenever stated in this Agreement that we may take certain described action, 
this  permits  us  to  do  so  in  our  sole  discretion.    Keep  this  Agreement  so  you  can  refer  to  it  if  you  have  any 
questions  regarding  your  Account.    This  Agreement  contains  a  binding  arbitration  provision.    Please  see 
Section 23 for details regarding mandatory arbitration and your right to opt-out of such arbitration.   

1.  Effective Date of Agreement.  This Agreement is effective when you or an Authorized User uses the Card or 
Account or if you fail to cut your Card in half and return it to Issuer within 30 days after it is issued to you. 

2.    Joint  Account.    If  this  is  a  joint  account,  each  person  who  signed  the  application  (1)  may  make  Credit 
Purchases  and  obtain  Cash  Advances  as  defined  in  Section  3  below  (but the  total  of  these  cannot  exceed  the 
assigned credit limit); (2) will be responsible for paying all amounts owed; and (3) can close the Account.  

3.  Using your Card or Account to Obtain Credit.  You may use your Card or Account to make Credit Purchases 
or obtain Cash Advances.  A “Credit Purchase” includes (a) a transaction using your Card to purchase or lease 
goods or services from one who honors the Card; (b) a balance transfer; (c) any other Account related fees; and 
(d) any other transaction that is not otherwise a Cash Advance.  A “Cash Advance” includes (a) a transaction 
drawing  upon  your  Account  at  an  Automated  Teller  Machine  (“ATM”);  (b)  a  transaction  at  any  financial 
institution  drawing  upon  your  Account;  (c)  an  electronic  or  other  transfer  of  funds  initiated  by  us,  at  your 
request (i.e., we sign the check as the drawer), drawing upon your Account; (d) use of a check provided by us 
(i.e.,  you sign the check as the drawer) drawing  upon  your Account; (e)  a transaction  and the fees associated 
with using your Card to purchase wire transfers or money orders anywhere other than a bank; and (f) any other 
method of obtaining  a cash loan.    Your outstanding balance of Cash Advances may not  exceed  30% of  your 
credit  limit.    Your  Card  cannot  be  used  for  illegal  transactions.    Use  of  your  Card  for  gambling  transactions 
(including obtaining Cash Advances for purposes of gambling), whether such transaction is legal or illegal, is 
prohibited.  Each time you use your Card, you are requesting that we make a loan to you for the amount of the 
Credit Purchase or the Cash Advance.  If you use your Account number to make a Credit Purchase or obtain a 
Cash Advance without presenting your Card (such as for a mail order or telephone purchase), the legal effect 
will be the same as if the Card itself was used by you.  Any refund, adjustment or credit allowed with respect to 
a prior Credit Purchase shall not be made in cash but rather shall be a credit to your Account.  Credit Purchases 
and  Cash  Advances  may  require  Issuer’s  authorization.    Issuer  may  limit  the  number  and/or  the  maximum 
dollar amount of authorizations in a given day.  You agree that neither Issuer nor its agents shall be liable for 
refusing an authorization request. 

 
 
 
 
 
 
 
4.    Authorized  User.      If  you  request  that  we  add  an  Authorized  User  to  your  Account,  both  you  and  the 
Authorized User may make Credit Purchases and obtain Cash Advances (but the total of these Credit Purchases 
and  Cash  Advances  cannot  exceed  the  assigned  credit  limit).    You  and  the  Authorized  User  are  obligated, 
jointly and severally, for all charges, Interest Charges, and fees incurred by the Authorized User, but we are not 
required  to  seek  recovery  from  the  Authorized  User  before  requiring  payment  by  you.    The  Authorized  User 
may not close the Account.  If we close the Account, we will notify you and the notice will be effective for both 
of you. 

5.  Property of Issuer; Cancellation Rights.  Each Card is the property of Issuer, is not transferable and must be 
surrendered upon demand.  Each Card may be cancelled as well as repossessed by Issuer or its designee, and the 
privileges thereof revoked, at any time without prior notice.   

6.  Credit Limit.  Cardholder shall not use or permit use of the Card to make Credit Purchases or obtain Cash 
Advances  which  will  increase  Cardholder’s  indebtedness  to  Issuer  to  an  amount  in  excess  of  the  limit 
established by Issuer.  In the event Cardholder incurs charges in amounts exceeding such maximum authorized 
credit limit, Cardholder shall pay immediately the amount by which the New Balance exceeds such maximum 
authorized credit limit.   

7.    Monthly  Statements;  Minimum  Payment  Due;  Cardholder  Payments.    Issuer  will  send  to  Cardholder,  at 
monthly  intervals  determined  by  Issuer,  a  statement  reflecting  all  transactions  on  the  Account  for  the  prior 
monthly period.    If Cardholder wishes to  reduce  additional  Interest  Charges, Cardholder should pay the New 
Balance shown on the monthly statement in full by the Payment Due Date.  Cardholder may pay less than the 
New Balance, but Cardholder must pay at least the “Minimum Payment Due” shown on the monthly statement.  
The  Minimum  Payment  Due  is  the  total  New  Balance  as  shown  on  your  monthly  statement  if  the  amount  is 
under $25.  If the New Balance exceeds $25, the Minimum Payment Due is the sum of (i) the greater of $25, 
4%  of  your  New  Balance,  or  1%  of  your  New  Balance  plus  the  current  billing  cycle’s  Late  Payment  Fee, 
Returned  Payment  Fee  and  Interest  Charges,  plus  (ii)  any  amount  past  due,  plus  (iii)  any  amount  that  your 
Account exceeds your assigned credit limit.   

To ensure prompt posting, payments should be sent to the address located on your statement.  Your payments 
must  be  made  in  U.S.  currency  only  (personal  check,  money  order,  cashier’s  check,  or  electronic  funds 
transfer).  Do not send cash through the mail as we will not be responsible for cash lost in the mail.   

By making payment with a check, you are authorizing the use of the information on your check to make a one-
time electronic debit (electronic presentment) from the account on which the check is drawn.  This electronic 
debit,  which  may  be  posted  to  your  account  as  early  as  the  date  your  check  is  received,  will  be  only  for  the 
amount  of  your  check.    If  you  have  any  questions  regarding  opting  out  of  electronic  presentment,  call  the 
customer  service  number  at  605-996-0554.    If  your  check  is  returned  unpaid  for  insufficient  or  uncollected 
funds, we may also re-present your check electronically.   

8.  Calculation of Interest Charges.   

Credit  Purchases.    The  Interest  Charge  on  Credit  Purchases  is  calculated  using  the  average  daily  balance 
method, including new transactions.  Under this method, the Interest Charge for a billing cycle is computed by 
applying the monthly Periodic Rate to the “average daily balance” of Credit Purchases.  The monthly Periodic 
Rate is calculated as set forth in Section 9 below.  To calculate the average daily balance, we take the beginning 
balance of Credit Purchases each day, add any new Credit Purchases, and subtract any payments, credits, non-
accruing fees, and unpaid Interest Charges applicable to Credit Purchases as of their posting dates. This gives us 
the daily balance.  Then we add up all the daily balances for the billing cycle and divide the total by the number 
of days in the billing cycle. 

Paying Interest on Credit Purchases.  To avoid incurring an additional Interest Charge on the balance of Credit 
Purchases  reflected  on  your  monthly  statement  and  on  any  new  Credit  Purchases  appearing  on  your  next 

 
 
 
 
 
 
 
 
monthly statement, you must pay the New Balance shown on your monthly statement on or before the Payment 
Due Date.  The grace period for the New Balance of Credit Purchases extends to the Payment Due Date.   

Cash Advances.  The Interest Charge on Cash Advances is calculated using the average daily balance method, 
including new transactions.  Under this method, the Interest Charge for a billing cycle is computed by applying 
the  monthly  Periodic  Rate  to  the  “average  daily  balance”  of  Cash  Advances.      The  monthly  Periodic  Rate  is 
calculated  as  set  forth  in  Section  9  below.    To  calculate  the  average  daily  balance,  we  take  the  beginning 
balance  of  Cash  Advances  each  day,  add  any  new  Cash  Advances,  and  subtract  any  payments,  credits,  non-
accruing fees, and unpaid Interest Charges applicable to Cash Advances as of their posting dates.  This gives us 
the daily balance.  Then we add up all the daily balances for the billing cycle and divide the total by the number 
of days in the billing cycle.     

Paying Interest on Cash Advances.  An Interest Charge on Cash Advances will be imposed from the date you 
obtained  the  Cash  Advance,  or  the  first  day  of  the  billing  cycle  in  which  the  Cash  Advance  posted  to  your 
Account, whichever is later.  There is no grace period on Cash Advances.   

Balance  Transfers.    The  Interest  Charge  on  Balance  Transfers  is  calculated  using  the  same  method  used  to 
calculate Interest Charges on Credit Purchases, as described above. 

Paying Interest on Balance Transfers.  A Balance Transfer will be treated as a Credit Purchase. You will pay 
Interest  Charges  on  Balance  Transfers  in  the  same  manner  you  pay  Interest  Charges  on  Credit  Purchases,  as 
described above. 

9.  Periodic Rate; Annual Percentage Rate; Minimum Interest Charge.   

Periodic Rate.  To calculate  Interest  Charges, we multiply the average daily balance by the monthly Periodic 
Rate.    The  monthly  Periodic  Rate  is  calculated  by  dividing  the  Annual  Percentage  Rate  by  12.    For  more 
information  regarding  the  Annual  Percentage  Rate  and  monthly  Periodic  Rate  for  Credit  Purchases,  Cash 
Advances, and Balance Transfers, please refer to the attached Pricing  Information Addendum.    In any billing 
cycle when you are subject to an Interest Charge and the Interest Charge as computed above is less than $1.50, 
you will be billed a Minimum Interest Charge of $1.50. 

Variable Rate Disclosures. The Prime Rate used to determine your variable Annual Percentage Rate for Credit 
Purchases, Cash Advances, and Balance Transfers for the billing period ending in any month is the U.S. Prime 
Rate published in the Wall Street Journal on the 1st day (or if the 1st day is not a business day, the preceding 
business day) of the prior month.  If more than one U.S. Prime Rate is published, the highest rate will be used. 
The variable Annual Percentage Rate for Credit Purchases, Cash Advances, and Balance Transfers will increase 
if the Prime Rate increases. The variable Annual Percentage Rate may increase once per billing cycle, and an 
increase in  the variable  Annual  Percentage Rate  will take effect  on the  first  day of the billing  cycle after the 
Prime  Rate  increases.  An  increase  in  the  variable  Annual  Percentage  Rate  will  result  in  an  increase  in  your 
monthly Periodic Rate and may result in an increase in your Minimum Payment Due. 

10.  Other Finance Charges and Fees.   

Cash Advance Fee.  We will impose a Cash Advance Fee of 3% of the amount of the Cash Advance for each 
Cash Advance.  This fee will not be less than $10 or more than $100.   

Late Payment Fee.  You will be charged a Late Payment Fee in any billing period in which you fail to pay, by 
the Payment Due Date, at least (i) the greater of $25, 4% of your New Balance, or 1% of  your New Balance 
plus the current billing cycle’s Late Payment Fee, Returned Payment Fee and periodic Interest Charges, plus (ii) 
any amount past due, plus (iii) any amount by which your Account balance exceeds your assigned credit limit.  
When imposed, the amount of the Late Payment Fee will vary based on your Account balance as follows:  (i) 
Up to $19 on balances less than $100 and (ii) Up to $25 on balances of $100 or more.   

 
 
 
 
 
 
 
 
 
 
Balance  Transfer  Fee.  We  may  impose  a  Balance  Transfer  Fee  of  3%  of  each  balance  transferred  to  your 
Account.  This fee will be not less than $10 or more than $100.  We may also waive the Balance Transfer Fee 
for balance transfers at time of account opening. 

Duplicate  Statement  Fee.    If  you  request  a  duplicate  copy  of  your  monthly  statement,  a  charge  of  $2  per 
statement may be assessed to your Account.   

Rush Delivery Fee.  If you request special, expedited processing of your application to open a new Account or 
request a new Card on your Account, we may impose a Rush Delivery Fee of $25 on your Account.  

Returned  Payment  Fee.    If  a  check,  electronic  funds  transfer,  telephone  authorized  draft,  or  similar  payment 
method submitted as payment is returned for any reason, a Returned Payment Fee of up to $25 may be assessed 
to your Account.   

Foreign  Transaction  Fee.    If  you  conduct  an  international  transaction  using  your  Account,  we  may  impose  a 
Foreign  Transaction  Fee  of  1%  of  the  U.S.  dollar  amount  of  the  transaction,  regardless  of  whether  the 
transaction was originally made in U.S. dollars or converted from a foreign currency. 

11.  Security  Interests.  If  you have other loans from  Issuer, or take out  other loans with  Issuer in the future, 
collateral  securing  those  loans  will  also  secure  your  obligations  under  this  Agreement.    However,  unless  you 
expressly agree otherwise, your household goods and primary dwelling will not secure your obligations under 
this Agreement even if Issuer has or later acquires a security interest in the household goods or a mortgage on 
the dwelling.   

If you have executed a written agreement granting a security interest in any deposit accounts (checking, savings, 
or  share  accounts)  or  other  funds  held  by  Issuer  to  secure  your  obligations  under  this  credit  card  plan,  such 
accounts and/or funds are additional security for your obligations to Issuer arising from the use of your Card.   

12.  Default/Immediate Payment of All Amounts Owed.  The Account balance will, at Issuer’s option, become 
immediately  due  and  payable,  without  notice,  in  the  event  that  (a)  Cardholder  dies  or  becomes  bankrupt  or 
insolvent,  or  (b) Cardholder fails to  make payments  due on the Account,  incurs charges for Credit Purchases 
and Cash Advances which exceed the maximum authorized credit limit, or otherwise breaches this Agreement, 
or (c) Issuer receives information which causes it to believe Cardholder is unwilling or unable to perform under 
this  Agreement,  or  (d)  attachment  or  garnishment  proceedings  are  instituted  against  Cardholder.    Failure  by 
Issuer to assert any rights hereunder shall not waive such rights.   

13.  Closing Your Account.  Cardholder may close the Account at any time.  Simply notify Issuer in writing, 
stop using the Account and destroy the Cards.  Issuer can also close the Account at any time and for any reason.  
Issuer will notify Cardholder in writing before the closing is to become effective unless Issuer has accelerated 
payment of the entire balance of the Account.  If Issuer closes the Account, you agree to destroy your Cards.  
No matter who closes the Account, Issuer will keep all rights it has and you will still have to repay the Credit 
Purchases and Cash Advances made on your Account, even if made after the Account has been closed, together 
with Interest Charges and any other charges on the Account.   

14.  Attorney’s Fees.  Unless prohibited by law or as provided in the arbitration agreement set forth below in 
Section 23, Cardholder agrees to pay all costs incurred by Issuer in collecting Cardholder’s indebtedness or in 
enforcing this Agreement, including attorney’s fees and costs, as well as those costs, expenses  and attorney’s 
fees incurred in appellate, bankruptcy and post-judgment proceedings, except to the extent such costs, fees or 
expenses are prohibited by law.    

15.  Applicable Law.  This Agreement is entered into in the State of South Dakota where the decision to grant 
credit will be made and payments will be received.  Therefore, this Agreement is governed by and should be 

   
 
 
 
 
 
 
 
 
 
 
interpreted  in  accordance  with  federal  law,  and  to  the  extent  not  pre-empted,  the  laws  of  the  State  of  South 
Dakota, regardless of your state of residence, and without reference to conflict of law provisions.   

16.  Lost or Stolen Cards.   You may be liable for unauthorized use of your Card.  If your Card is lost or stolen 
or you suspect that someone is using your Account without your permission, you should immediately notify us.  
You can call 866-604-0381.  You can also notify us in writing at Credit Card Security Department, P.O. Box 
30035, Tampa, Florida 33630.  Your maximum liability for unauthorized use will not exceed $50.  You will not 
be liable for any unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use.  
In  any  event,  your  liability  for  unauthorized  use  will  be  nothing  unless  negligence,  untimely  reporting  of  the 
loss,  or  fraud  is  shown.    If  you  allow  someone  to  use  your  Card  or  make  charges  to  your  Account,  you  can 
terminate this user’s authority by retrieving the Card and returning it to us.  Until you do, you remain liable for 
any use by the Authorized User.   

17.  Monitoring.  In order to maintain quality service in its authorizations, security, customer service and other 
departments that have need to communicate with Cardholder from time to time, Issuer or its agents may monitor 
any telephone communication between Issuer’s or its agent’s employees in those departments and Cardholder, 
without further notice or disclosure.   

18.  Irregular Payments and Delay in Enforcement, Waivers and Releases.  We can accept late payments, partial 
payments,  checks and money orders marked  “paid in  full” or language having the same effect  without losing 
any  of  our  rights  under  this  Agreement.    We  can  also  delay  enforcing  our  rights  under  this  Agreement  any 
number  of  times  without  losing  them  and  can  waive  or  delay  enforcing  a  right  against  one  of  you  without 
waiving or delaying it as to the other.  No waiver by us of any default shall be effective unless in writing nor 
operate as a waiver of any other future default.   

19.    Modifications  to  Agreement/Waiver.    We  may  change  any  term  of  this  Agreement,  including  the  rate  at 
which  or  manner  in  which  Interest  Charges  are  calculated,  as  permitted  by  law  upon  notice  to  you.    For  the 
changes  in  the  Agreement  terms  write  to:    CorTrust  Bank,  P.O.  Box  1246,  Mitchell,  South  Dakota  57301.  
Issuer may, in  its  sole discretion, waive imposition of the fees referenced in  this Agreement; however,  Issuer 
shall have no obligation to do so, and any such waiver shall be limited to the particular instance or transaction 
involved and shall not constitute a waiver or authorize the non-observance of the same or any other provision of 
this Agreement on any other or future occasion.   

20.  Notices.  Any notice Issuer sends Cardholder will be considered effective when it is delivered personally to 
you or mailed, postage prepaid, to the last address we have for Cardholder in our records.  Notice from you will 
be considered effective when Issuer receives it at the address shown in the previous section.  If this is a joint 
account, Issuer can notify one of you and the notice will be effective for both of you.  Similarly, one of you can 
notify Issuer and Issuer will consider it to be notice from both of you.   

21.    Visa  Rules  and  Regulations;  Conflicts.    You  and  Issuer  agree  to  abide  by  all  applicable  rules  and 
regulations  of  Visa  U.S.A.,  Inc.  (“Visa”),  as  well  as  all  applicable  laws.   If  there  is  any  conflict  between  the 
provisions  of  this  Agreement  and  the  rules  and  regulations  of  Visa,  the  rules  and  regulations  of  Visa  shall 
control.   

22.  Foreign Currency Conversion.  If you make a transaction with  your VISA® Account in a currency other 
than U.S. dollars, VISA® will convert the charge into a U.S. dollar amount using either (a) a rate selected by 
VISA®  from  the range  of rates  available in  wholesale currency markets  for the applicable central  processing 
date, which rate may vary from the rate VISA® receives, or (b) the government-mandated rate in effect for the 
applicable  central  processing date.  The  exchange rate used by VISA® for a particular transaction is  the rate 
VISA® selects on the processing date and may differ from the rate on the date the transaction occurred or the 
rate on the date the transaction is posted to your Account.  If you conduct an international transaction using your 
Account, we may impose a Foreign Transaction Fee as set forth in Section 10. 

 
 
 
 
 
 
 
 
23.    ARBITRATION:    PLEASE  READ  THIS  PROVISION  OF  THE  AGREEMENT  CAREFULLY.  
UNLESS  YOU  EXERCISE  THE  RIGHT  TO  OPT-OUT  OF  ARBITRATION  IN  THE  MANNER 
DESCRIBED  BELOW,  YOU  AGREE  THAT  ANY  DISPUTE  WILL  BE  RESOLVED 

ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT,  INCLUDING 
THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED 
IN  THE  ARBITRATION  RULES),  AND  TO  PARTICIPATE  IN  A  CLASS  ACTION  OR  SIMILAR 
PROCEEDING.  IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD 
OF  A  JUDGE  OR  JURY.    ARBITRATION  PROCEDURES  ARE  SIMPLER  AND  MORE  LIMITED 
THAN COURT PROCEDURES.  YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO 
THE  DISPUTE  BETWEEN  YOU  AND  US  AND  WILL  NOT  BE  PART  OF  A  CLASS-WIDE  OR 
CONSOLIDATED ARBITRATION PROCEEDING. 

Agreement to Arbitrate.  You and we agree that any Dispute, except as provided below, will be resolved by 
arbitration.  This agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C.S. § 1 et seq. and the 
substantive law of the State of South Dakota (without applying its choice-of-law rules). 

Arbitration  Defined.    “Arbitration”  is  a  means  of  having  an  independent  third  party  resolve  a  Dispute.  A 
“Dispute”  is  any  claim  or  controversy  of  any  kind  between  you  and  us.    The  term  Dispute  is  to  be  given  its 
broadest  possible  meaning  and  includes,  without  limitation,  all  claims  or  demands  (whether  past,  present  or 
future, including events that occurred prior to the opening of this Account and whether or not a credit card is 
issued), based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief 
sought (i.e., money, injunctive relief or declaratory relief). A Dispute includes, by way of example and without 
limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, 
and any issue concerning the validity, enforceability or scope of this arbitration agreement.  

For  purposes  of  this  arbitration  provision,  the  terms  “you”  and  “your”  include  any  co-signer,  co-obligor, 
guarantor  or  Authorized  User  and  also  your  heirs,  guardian,  personal  representative  or  trustee  in  bankruptcy. 
The  terms  “we,”  “our,”  and  “us”  include  our  employees,  officers,  directors,  members,  managers,  attorneys, 
affiliated  companies,  predecessors  and  assigns,  as  well  as  our  marketing,  servicing  and  collection 
representatives and agents.  

Choice of Arbitrator.  The party filing an arbitration must choose either of the following arbitration firms for 
initiating  and  pursuing  an  arbitration:    the  American  Arbitration  Association  or  JAMS  (formerly  known  as 
Judicial  Arbitration  and  Mediation  Services,  Inc.).    If  you  claim  you  have  a  Dispute  with  us,  but  you  do  not 
initiate an arbitration or select an arbitrator, we may do so.  You may obtain copies of the current rules of each 
of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: 

American Arbitration Association 
335 Madison Avenue, Floor 10 
New York, NY  10017-4605 
Website:  www.adr.org 

JAMS 
1920 Main Street, Suite 300 
Irvine, CA 92614 
Website:  www.jamsadr.com 

The policies and procedures of the selected arbitration firm will apply provided that these are consistent with 
this arbitration agreement.  To the extent the arbitration firm’s rules or procedures are different than the terms of 
this arbitration agreement, the terms of this agreement will apply. 

 
 
 
 
 
 
 
 
If  neither  arbitration  firm  listed  in  this  agreement  is  available  to  resolve  the  Dispute,  you  and  we  may  each 
select  a  local  arbitrator.    The  local  arbitrators  selected  by  you  and  us  shall  then  agree  upon  the  selection  of 
another arbitrator who will hear and resolve the Dispute.  The arbitrator selected to resolve the Dispute must be 
an attorney with at least ten (10) years experience, retired judge, or arbitrator registered and in good standing 
with an arbitration association and arbitrate pursuant to such arbitrator’s rules applicable to consumer disputes.  
Notwithstanding the foregoing, no party or local  arbitrator may select an arbitrator who refuses to enforce an 
arbitration agreement containing a class-action waiver, because you and we have in this arbitration agreement 
waived any right to arbitrate a dispute on a class-action, representative-action, or consolidated basis. 

What Arbitration Costs. If you initiate the arbitration, you will be responsible for the first $50 of filing fees 
and  other  costs  or  fees,  and  we  will  pay  the  balance  of  the  filing  fee  and  any  costs  or  fees  charged  by  the 
arbitrator above the first $50.  If you cannot afford to pay the first $50, we may pay this in our discretion.  If we 
initiate  the  arbitration,  we  will  pay  the  filing  fee  and  any  costs  or  fees  charged  by  the  arbitrator.  Unless 
prohibited  by  law,  the  arbitrator  may  award  fees,  costs  and  reasonable  attorneys’  fees  to  the  party  who 
substantially prevails in the arbitration.  

Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in 
the same city as the United States District Court closest to your then current mailing address. 

Waiver of Rights.  You are waiving your right to a jury trial, to have a court decide your Dispute, to participate 
in  a  class  action  lawsuit,  and  to  certain  discovery  and  other  procedures  that  are  available  in  a  lawsuit.    The 
arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party, 
except that you and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be 
restricted to  resolving the individual disputes between  you and us.  The  validity, effect, and  enforceability of 
this waiver of class action lawsuit and class-wide arbitration is to be determined solely by a court of competent 
jurisdiction and not by the arbitration firm or arbitrator.  If the court, or an arbitration firm or arbitrator, refuses 
to enforce the class-wide arbitration waiver or otherwise refuses to enforce this Agreement, you and we agree 
that the Dispute will proceed in court and will be decided by a judge, sitting without a jury, under applicable 
court rules and procedures. 

Small Claims Court. All parties, including related third parties, shall retain the right to seek adjudication in a 
small  claims  court  for  disputes  within  the  scope  of  such  court's  jurisdiction.  Any  dispute,  which  cannot  be 
adjudicated within the jurisdiction of a small claims court, shall be resolved by binding arbitration. Any appeal 
of  a  judgment  from  a  small  claims  court  shall  be  resolved  by  binding  arbitration  de  novo  (i.e.  upon  a  fresh 
review of the facts). 

Applicable  Law  and  Judicial  Review.    The  arbitrator  will  apply  applicable  federal  and  South  Dakota 
substantive  law  and  the  terms  of  this  Agreement.    The  arbitrator  must  apply  the  terms  of  this  arbitration 
agreement, including without limitation the waiver of class-wide arbitration.  The arbitrator will make written 
findings and the arbitrator’s award may be filed with any court having jurisdiction.  The arbitration award will 
be supported by substantial evidence and must be consistent with this Agreement and applicable law or may be 
set  aside  by  a  court  upon  judicial  review.    Either  party  may  seek  judicial  review  of  the  arbitrator’s  decision 
according to applicable law. 

Other  Provisions.    This  arbitration  provision  will  survive:  (i)  termination  or  changes  in  this  Agreement,  the 
Account, or the relationship between you and us concerning the Account; (ii) the bankruptcy of any party; and 
(iii)  any  transfer,  sale  or  assignment  of  your  Account,  or  any  amounts  owed  on  your  Account,  to  any  other 
person or entity.  

Right  to  Opt-Out.  If  you  do  not  wish  to  agree  to  arbitrate  all  Disputes  in  accordance  with  the  terms  and 
conditions of this section, you must advise us in writing at the following address within 30 days of when we mail 
this Agreement to you:  CorTrust Bank, N.A., P. O. Box 1246, Mitchell, SD  57301.  Clearly print or type your 
name  and  Account  number  and  state  that  you  reject  arbitration.    You  must  give  written  notice,  and  it  is  not 

 
 
 
 
 
 
 
sufficient  to  telephone  us.    Send  only  your  notice  to  reject  arbitration;  do  not  include  the  notice  with  other 
correspondence  to  us.    We  must  receive  your  letter  at  the  above  address  within  30  days  after  the  date  this 
Agreement was provided to you or your rejection of arbitration will not be effective.  

24.    Severability.    If  any  provision  of  this  Agreement,  including  any  portion  of  the  arbitration  agreement  set 
forth above in Section 23, is determined to be invalid or unenforceable under any rule, law, or regulation, the 
validity  or  enforceability  of  any  other  provision  of  this  Agreement  shall  not  be  affected,  and  in  lieu  of  such 
invalid or unenforceable provision there shall be added automatically, as part of this Agreement, a provision as 
similar in terms as may be valid and enforceable, if possible.  Notwithstanding the foregoing, if a class action 
litigation or a class-wide arbitration is permitted for any reason, either party may require that the entire Dispute, 
as  defined  in  Section  23  above,  be  heard  by  a  judge,  sitting  without  a  jury,  under  applicable  court  rules  and 
procedures.   

25.  Venue and Jurisdiction.  In the event any Dispute is not subject to arbitration, you consent to be subject to 
the jurisdiction and venue of the Circuit Court located in Minnehaha County, South Dakota, and agree that such 
court shall be the sole and exclusive jurisdiction and venue of all Disputes. 

YOUR BILLING RIGHTS 
KEEP THIS DOCUMENT FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find a Mistake On Your Statement 

If you think there is an error on your statement, write to us at: 

Customer Service 
PO BOX 30495 
TAMPA, FL  33630 
You may also contact us on the Web: 
www.MyCardStatement.com 

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 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 [or electronically]. 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 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  impose  Interest 

Charges 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 Charges or other 
fees related to that amount. 
If  we  do  not  believe  there  was  a  mistake:  You  will  have  to  pay  the  amount  in  question,  along  with 
applicable Interest Charges and fees. We will send you a statement of the amount you owe and the date 
payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us 
that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are 
questioning  your bill. We must tell  you the name of anyone to  whom we reported  you as delinquent, and we 
must let those organizations know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 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 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 Card for the purchase. Purchases made with Cash Advances from an ATM or 

with a check that accesses your Account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If  all  of  the  criteria  above  are  met  and  you  are  still  dissatisfied  with  the  purchase,  contact  us  in  writing  [or 
electronically] at: 

Customer Service 
PO BOX 30495 
TAMPA, FL  33630 
www.MyCardStatement.com  

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.   

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