F03-T261-9

GENESIS CREDIT® ASHLEY ADVANTAGE™ GOLD ACCOUNT AGREEMENT

Interest Rates and Interest Charges

Annual Percentage Rate (APR) for Purchases

Paying Interest

29.99%
We will begin charging interest on purchases on the transaction date.

For Credit Card Tips from the Consumer 
Financial Protection Bureau

To learn more about factors to consider when applying for or using a credit card, visit the website 
of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.

Fees

Annual Fee

Penalty Fees 
  • Late Payment 
  • Returned Payment 

None

Up to $35 
Up to $35

Dear Accountholder: 
This Agreement, as defined below, is your contract for your Account and – 

•  Covers the terms that govern the use of your Genesis Credit  

Ashley Advantage Account 

•  Outlines both your responsibilities and ours 
•  Includes certain disclosures required by the Federal Truth in Lending  

Act and 

•  Contains important information about your Account. 

We  encourage  you  to  read  all  of  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.

This Agreement begins on the earlier of (1) the date we approve your Application, or (2) the first 
date that we extend Credit to you on your Account, as evidenced by a signed sales slip or other 
evidence of indebtedness. 

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 Accountholder(s) who hold(s) the Account Number 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  Genesis  Credit  Ashley  Advantage  Gold  Account  for  which  you  were  issued  an 
Account Number and that is subject to all of the terms and conditions of this Agreement. 
Account  Number:  The  Account  Number  we  issue  that  you  may  use  to  make  Purchases  from 
Retailer. Use of your Account Number to obtain Credit will be considered a use of the Account. 
Accountholder:  The  person  to  whom  an  Account  Number  is  issued,  or  who  has  agreed  to  pay 
obligations arising from an Account Number issued to another person. 
Administrator: An agency or individual who will consider and resolve a Claim between you and us 
in accordance with the Arbitration Administrator provision of this Agreement. 
Agreement: Your contract with us for your Account, which contract is composed of your Application 
and the Account opening disclosures. Any sales slip or other evidence of indebtedness on your 
Account is incorporated into and made part of this Agreement. 
Application: The form with information that you submitted to apply for your Account, including your 
signature (in any form – wet signed, electronic, or digital), and any acceptance certificate or other 
request that you signed or otherwise submitted to obtain this Account. 
Billing Cycle: The time interval covered by a monthly statement. Each Billing Cycle is approximately 
30 days in length. 
Card: Any Genesis Credit® and/or Ashley Advantage branded Card we issue that you may use to 
purchase goods or services from Retailer. Use of your Card to obtain Credit will be considered use 
of the Account. 
Claim: Any claim, dispute or controversy between you and us (other than a claim described in the 
Excluded Claims or Proceedings provision), whether preexisting, present or future, which arises 
out of or relates to the Credit, this Agreement or any transaction conducted with us in connection 
with the Credit or this Agreement. “Claim” has the broadest possible meaning and includes initial 
claims,  counterclaims,  cross-claims,  third-party  claims,  and  federal/state/local/administrative 
claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional 
torts, constitution, statute, regulation, ordinance, common law, and equity, and includes claims for 
money damages and injunctive or declaratory relief. Upon your demand or our demand, Claim(s) 
will be resolved by individual (not class or class-wide) binding arbitration in accordance with the 
terms specified in the Arbitration Provision. Neither you nor we waive the right to require arbitration 
of a new Claim by bringing a Claim in a lawsuit or by failing to require arbitration of another Claim. 
Closing Date: The date of the last day of a Billing Cycle. 
Credit: The credit extension you receive under this Agreement. 
Credit Limit: The maximum amount of Credit available to you on your Account. Your Account Credit 
Limit will be disclosed to you on the monthly statements. 
Documentation  Fee:  This  term  has  the  meaning  set  forth  in  the  Other  Fees  provision  of  this 
Agreement. 
Late Payment Fee: This term has the meaning set forth in the Other Fees provision of this Agreement. 
New Balance: The total outstanding Account balance on the Closing Date specified in your monthly 
statement. 
Notice  Address  for  Arbitration:  The  address  that  must  be  used  for  giving  notices  under  the 
Arbitration Provision, except as otherwise specified in the Arbitration Provision. The initial Notice 
Address  for  you  is  the  latest  address  we  have  in  our  files.  The  initial  Notice  Address  for  us  is: 
Bankcard Services, Attention: General Counsel – Arbitration Election, P.O. Box 4477, Beaverton, 
Oregon  97076-4477,  although  we  may  give  you  notice  at  any  time  that  we  have  changed  our 
Notice Address. 
Previous Balance: The balance of your Account at the beginning of a Billing Cycle. This will be the 
same as the “New Balance” shown on the previous monthly statement. 
Purchase: An extension of Credit to your Account for the purpose of purchasing goods or services 
from Retailer. 
Purchase  Balance:  The  total  outstanding  balance  of  Purchases  and  interest  charges,  excluding 
amounts included in the Regular Balance. 
Regular Balance: The total outstanding balance of all amounts other than Purchases and interest 
charges.  The  Regular  Balance  includes  interest  charges  (on  deferred  interest  Purchases)  that 
accrued during a deferred interest promotion period and we charge to the Account because you did 
not pay a deferred interest balance in full within the deferred interest period, and any subsequent 
interest charges accrued on such amounts. 
Retailer: Participating retail locations located in the U.S. – Ashley Furniture HomeStore. 
Returned Payment Fee: This term has the meaning set forth in the Other Fees provision of this 
Agreement. 

USING YOUR ACCOUNT 

Purchases 
You may use your Account to purchase goods and services from Retailer. You promise to pay us 
and are liable for all amounts resulting from the authorized use of your Account Number or Account, 
plus any applicable interest charges and other applicable charges or fees, payable in U.S. dollars. 

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 if (1) that transaction would 
cause you to exceed your Credit Limit or (2) your Account is delinquent. We may temporarily agree 
to allow you to exceed your Credit Limit. If we do so, 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. 

Monthly Minimum Payment Example 2: 
You  have  made  a  single  purchase  transaction  of  $500.  The  fixed  payment  amount  on  this 
transaction,  according  to  the  chart  above  is  $25.  At  a  later  date  during  the  same  billing  cycle, 
you make another purchase of $600. The fixed payment amount on this transaction, according 
to the chart above is $50. In addition, you have a Regular Balance (non-purchase transactions) 
of  $50.  Your  monthly  minimum  payment  will  be  calculated  as  $25  plus  $50  plus  $2.50  for  a 
total payment due of $77.50. This example assumes no additional purchase transactions or non-
purchase transactions have been made during your billing statement cycle. 

+ 
+ 
+ 

= 

$25.00 
$50.00 
$2.50 

For the 1st Purchase Transaction of $500 
For the 2nd Purchase Transaction of $600 
For the Regular Balance (5% of $50) 

$77.50 

Monthly Minimum Payment 

Your  monthly  minimum  payment  due  also  will  include  any  past  due  amount  or  any  amount  by 
which the New Balance exceeded your Credit Limit, whichever of these two is greater. Your monthly 
minimum payment due will never exceed your New Balance. 
If  you  elect  not  to  pay  your  New  Balance  in  full,  you  must  pay  at  least  the  monthly  minimum 
payment due by the payment due date shown on your monthly statement, which is at least 25 days 
after the Closing Date of the Billing Cycle. 
Payments should be mailed with the payment coupon and in the envelope provided and following 
the other instructions on the monthly statement to Bankcard Services, P.O. Box 84049, Columbus, 
Georgia 31908-4049. Any payment we receive 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 we receive 
your payment 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. Please 
allow at least seven (7) business days for postal delivery. Payments we receive 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 
some other place, we may delay the crediting of the payment for up to five (5) days. This may cause 
you to incur Late Payment Fees and additional interest charges, and may result in your Account 
being declared in default. 
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 you owe on your Account 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, and your 
total Credit Limit may not reflect your payments for up to 14 days. 

Application of Payments 
For each Billing Cycle, we will allocate payment amounts up to your monthly minimum payment to 
charges and principal due (including new transactions) in any way we determine. We will generally 
apply  payment  amounts  up  to  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. During the last two Billing 
Cycles of a deferred interest period, if you have an outstanding deferred interest balance, we will 
apply these excess amounts to the deferred interest promotion balance. 

DEFERRED INTEREST 

Each Purchase on your Account (“deferred interest balance”) is subject to up to 12 months of 
deferred interest, beginning on the date of the Purchase (the “deferred interest period”). 
Each deferred interest balance accrues interest, but we will not charge that interest to your Account 
if you pay such balance in full before the end of the deferred interest period and you make monthly 
minimum payments as required. The deferred interest period will end when one or more of the 
following events occur: 

•  12 months from the Purchase date; 
•  Your Account becomes more than 180 days past due; 
•  Your Account is charged off for any reason. 

Interest on a deferred interest balance will accrue during the deferred interest period at an APR of 
29.99%, and we will charge such interest to your Account if you do not pay the deferred interest 
balance in full before the end of the deferred interest period. 
You  must  make  monthly  minimum  payments  during  the  deferred  interest  period.  The  monthly 
statement we send you will include these monthly minimum payment amounts and will help you 
keep track of your deferred interest balance(s) and their deferred interest period(s). Paying only 
the monthly minimum payment may not pay off the deferred interest balance within the deferred 
interest period. You may have to make additional or increased payments during the deferred interest 
period to avoid having to pay all accrued deferred interest. 

HOW INTEREST CHARGES ARE DETERMINED 

Your Interest Rate 
We use a daily periodic rate to calculate the interest on your account. The daily periodic rate is the 
applicable APR multiplied by 1/365. The daily periodic rate for your account is 0.0821% and the 
applicable APR is 29.99%. 

When We Charge Interest 
We  charge  interest  on  your  Purchases  from  the  date  you  make  the  purchase  until  you  pay  the 
purchase in full. 

How We Calculate Interest 
We calculate interest separately for each balance segment on your Account. We do this by applying 
the daily periodic rate to your average daily balance (including new Purchases), and then multiplying 
the  resulting  number  by  the  number  of  days  in  the  Billing  Cycle  for  each  balance  segment.  An 
average  daily  balance  is  calculated  for  the  following  balance  segments  as  applicable:  purchase 
balance segments and the regular balance segment. 
We calculate interest for each balance segment as follows: 

1.  For each day, we take the beginning balance of each balance segment in the billing cycle, 
including any unpaid interest charges, add any new purchases and debits, and then subtract 
the applicable portion of any payments and credits. This gives us the daily balance. Late 
Payment Fees and Returned Payment Fees are not included in the daily balance. 

2.  Then, we add all the 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. 

3.  Next, we multiply the daily periodic rate by the average daily balance. 
4.  Finally, we take the resulting number from #3 and multiply it by the number of days in the 
billing cycle. This gives us the interest charge for each balance segment for the billing cycle. 

MAKING PAYMENTS 

OTHER FEES 

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 
Each Purchase transaction will have a fixed monthly payment amount (which may differ from your 
monthly minimum payment as illustrated below) based on the following schedule: 

Purchase Transaction Amount

Fixed Payment Amount

Up to $500

$500.01 to $1000

$1000.01 to $1500

$1500.01 to $2000

$2000.01 to $2500

$2500.01 to $3000

$3000.01 to $3500

$3500.01 to $4000

$4000.01 to $4500

$4500.01 to $5000

$5000.01 to $5500

$5500.01 to $6000

$25

$50

$75

$100

$125

$150

$175

$200

$225

$250

$275

$300

Your monthly minimum payment due will be the greater of: 

1.  $15; or 
2.  the sum of: 

i.  all  fixed  payment  amounts  (illustrated  in  the  table  above)  applicable  to  each  of  your 

Purchase transactions, plus 
ii.  5% of your Regular Balance 

Monthly Minimum Payment Examples: 
“These  examples  are  illustrative  only  and  are  not  an  actual  payment  calculation  for  your 
Account. Your actual monthly minimum payment will be calculated based upon your actual 
transaction activity.” 

Monthly Minimum Payment Example 1: 
You have made a single purchase transaction of $500. The fixed payment amount on this transaction, 
according  to  the  chart  above  is  $25.  In  addition,  you  have  a  Regular  Balance  (non-purchase 
transactions) of $50. Your monthly minimum payment will be calculated as $25 plus $2.50 for a 
total payment due of $27.50. This example assumes no additional purchase transactions or non-
purchase transactions have been made during your billing statement cycle. 

+ 
+ 

= 

$25.00 
$2.50 

$27.50 

For the Purchase Transaction of $500 
For the Regular Balance (5% of $50) 

Monthly Minimum Payment 

In addition to interest charges, other fees may be applied to your Account, as set forth below. The 
amounts of these fees may change from time to time during the term of your Account. 

Late Payment Fee 
If we do not receive your monthly minimum payment due 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 $5, we 
will apply a Late Payment Fee to your Account. The Late Payment Fee is $25 if we did not charge 
a Late Payment Fee during any of the prior six billing periods. Otherwise, the Late Payment Fee is 
$35. The Late Payment Fee will never exceed the amount of your most recently required monthly 
minimum payment. 

Returned Payment Fee 
If any payment on your Account is returned to us unpaid for any reason, we will apply a Returned 
Payment Fee to your Account. The Returned Payment Fee is $25 if we did not charge a Returned 
Payment Fee during any of the prior six billing periods. Otherwise, the Returned Payment Fee is $35. 
The Returned Payment Fee will never exceed the monthly minimum payment. 

Documentation Fee 
You may request a copy of a monthly statement previously sent to you for a Documentation Fee of 
$3 per statement, which fee we will charge 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”). 

LOST ACCOUNT NUMBER AND UNAUTHORIZED USE 

If  your  Account  Number  is  lost  or  stolen  or  used  without  your  consent,  you  may  be  liable  for 
the unauthorized use of your Account, but you will not be liable for unauthorized use that occurs 
after you notify us orally or in writing of the loss, theft or possible unauthorized use at: Bankcard 
Services, P.O. Box 4477, Beaverton, OR 97076-4477, 1-888-260-4532. In any case, your liability 
will not exceed $50. 

OUR RIGHTS, AND HOW THEY AFFECT YOU 

Telephone Monitoring and Recording 
You  consent  and  agree  that,  from  time  to  time,  except  as  restricted  by  applicable  law,  we  may 
monitor or record telephone calls regarding your Account, suppress caller identification services 
and  use  an  automated  dialing  and  announcing  system  or  pre-recorded  messages  for  Account 
Management purposes, including calls made for account collection purposes. If you provide us 
with a cellular phone number either as part of your Application, or at any time thereafter, including, 
without limitation, after your Account is in a default status, you are expressly consenting that we, 
our agents and successors in interest, subject to any limitations of applicable law, may (1) contact 
you at that number including by text message, and (2) use automated telephone dialing systems 
to initiate such contacts and/or leave recorded messages. For Text Messages: Message and data 
rates may apply. 
In accordance with applicable law, we or our representatives may contact you from time to time 
regarding your 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. 

Email 
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. If, at any time, you would like to limit the types of 

 
communications you receive from us by email, please contact us at Bankcard Services, P.O. Box 
4477, Beaverton, OR 97076-4477, 1-866-946-9575, or, if you receive an email from us, you can 
select the “unsubscribe” link that is located in every email. 

Refunds 
If Retailer agrees to give a refund, you will accept a credit on your Account instead of a cash refund. 

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 
restrictive  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 Bankcard Services, P.O. 
Box 4499, Beaverton, OR 97076-4499. 

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 Bankcard Services, P.O. Box 
4499, Beaverton, OR 97076-4499. 

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 due on or before its 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. Except as provided in the Arbitration 
Provision below, you agree to pay our reasonable costs and attorneys’ fees and expenses related to 
the collection of your Account 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 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 Account 
As the Accountholder(s), you are liable for all Credit obtained under your Account. If you authorize 
another person to use your Account Number, you are liable for any Credit obtained on your Account 
for  as  long  as  that  person  holds  or  uses  the  Account  Number.  Misuse  of  your  Account  by  an 
authorized  person  will  not  be  considered  unauthorized  use.  See  “Lost  Account  Numbers  and 
Unauthorized Use” above. 

Transactions 
You will retain for statement verification purposes your copy of each Purchase transaction receipt 
from Retailer. 

Refunds for Goods and Services 
Refunds  for  goods  and  services  are  governed  by  Retailer.  Any  refunds  for  goods  or  services 
purchased from Retailer through an extension of Credit on your Account will be issued as a credit 
adjustment to your Account. When we are notified by Retailer of any refund amount, we will subtract 
an amount equal to the refund amount from your Account. However, the fixed minimum payment 
amount attributable to the related Purchase transaction amount will continue to be included in your 
monthly minimum payment. If a refund amount results in a credit balance on your Account, we will 
refund your credit balance. 

Transfer and Termination of Your Account 
You may not transfer your Account to any other person. We may assign your Account or amounts 
you owe on 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. 
Either you or we may terminate or suspend your Credit privileges at any time, with or without cause 
and with or without advance notice, but you will remain liable for all charges until they are paid in 
full. You may cancel your Account at any time by writing to us at Bankcard Services, P.O. Box 4477, 
Beaverton, OR 97076-4477. 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 Accountholders on the 
Account. 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 re-apply for an individual Account when 
you request a change from a joint Account to an individual Account. 

Additional Benefits and Services 
From  time  to  time,  we  may  offer  you  benefits  and  services  with  your  Account.  We  or  another 
party may provide these benefits and services. Unless expressly made a part of this Agreement, 
and except as provided in the Arbitration Provision 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 that other parties provide or for their actions or omissions. 

Honoring Your Account 
We are not liable for the failure or refusal of Retailer to accept your Account Number. Although you 
may have Credit available, we will not be liable for the failure to authorize Credit due to operational 
difficulties  or  mistakes.  Transactions  made  above  a  certain  dollar  amount  may  require  that  we 
authorize the transaction before the transaction is approved. In addition, we may limit the number 
and amount of daily transactions approved for security reasons. 

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  the  other  documents  incorporated  herein  by  reference  as  discussed 
above) 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 Provision of this Agreement, 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. 

Jury Trial Waiver 
TO  THE  EXTENT  PERMITTED  BY  APPLICABLE  LAW,  FOR  ANY  MATTERS  NOT  SUBMITTED 
TO  ARBITRATION,  YOU  AND  WE  HEREBY  KNOWINGLY,  VOLUNTARILY,  INTENTIONALLY  AND 
IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION 
BASED  UPON  OR  ARISING  OUT  OF  THIS  AGREEMENT,  RELATING  TO  THE  CREDIT,  OR  ANY 
OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US. 

Class Action Waiver 
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO 
ARBITRATION, YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE 
THAT ANY LITIGATION WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS 
PART OF A CLASS ACTION. 

Arbitration Provision 
READ  THIS  PROVISION  CAREFULLY  AS  IT  WILL  HAVE  A  SUBSTANTIAL  IMPACT  ON  HOW 
DISPUTES AND CLAIMS THAT YOU AND/OR WE HAVE AGAINST EACH OTHER ARE RESOLVED. 
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. If 
you do not reject this Arbitration Provision, for a Claim subject to arbitration, neither you nor 
we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-
gathering (discovery) to the same extent as in court; (3) participate in a class action in court 
or in arbitration; or (4) join or consolidate your Claim(s) with claims of any other person. The 
right to appeal is more limited in arbitration than in court and other rights in court may be 
unavailable or limited in arbitration. 

Arbitration Provision Governing Law 
Notwithstanding any choice of law or other provision in this Agreement, you and we agree 
and acknowledge that this Arbitration Provision evidences a transaction involving interstate 
commerce and that the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”) 
will govern its interpretation and enforcement and proceedings pursuant thereto. Any state 
Arbitration Act or Code, including any amendments thereto, of the state law governing this 
document does not apply to this Agreement or security interest, as applicable, or to any 
arbitration or award under this Agreement or security interest. 

Arbitration Administrator 
An  Administrator  is  one  of  the  following:  (1)  American  Arbitration  Association  (“AAA”)  – 
1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879; (2) JAMS 
–  1920  Main  Street,  Suite  300,  Irvine,  CA  92614,  www.jamsadr.com,  1-800-352-5267; 
or (3) if both JAMS and AAA are unable or unwilling to serve as Administrator, a neutral 
and impartial arbitrator mutually acceptable to you and us. If you and we cannot agree on 
an Administrator, you and we agree that an Administrator may be appointed by a court in 
accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16; provided, however, 
that no company may serve as Administrator, without our and your consent, if such company 
adopts or has in place any formal or informal policy that is inconsistent with and purports to 
override the terms of this Arbitration Provision. The rules and forms of JAMS and AAA may 
be obtained by writing to these organizations at the addresses listed above. 

Arbitration Procedures 
If  you  or  we  elect  to  arbitrate  a  Claim,  the  electing  party  must  notify  the  other  party  in 
writing. This notice can be given after the beginning of a lawsuit and can be given in papers 
filed in the lawsuit. Otherwise, a notice must be sent to the Notice Address for Arbitration. 
If such a notice is given, the Claim(s) described in the notice will be resolved by individual 
arbitration under this Arbitration Provision and, to the extent consistent with this Arbitration 
Provision, the applicable rules of the Administrator then in effect. If a party files a lawsuit in 
court asserting Claim(s) that are subject to arbitration and the other party files a motion to 
compel arbitration with the court, which motion is granted, it will be the responsibility of the 
party prosecuting the Claim(s) to select an Administrator in accordance with this Arbitration 
Provision and the Administrator’s rules and procedures. 
A  single  arbitrator  will  be  appointed  by  the  Administrator  and,  unless  you  and  we  agree 
otherwise, must be a practicing attorney with 10 or more years of experience or a retired 
judge. The arbitrator will not be bound by judicial rules of procedure and evidence that would 
apply in a court, nor by state or local laws that relate to arbitration provisions or proceedings. 

The arbitrator will honor and enforce statutes of limitation and claims of privilege recognized 
under applicable law. In determining liability and/or awarding damages or other relief, the 
arbitrator will follow the applicable substantive law (consistent with this Agreement and the 
FAA) that would apply if the matter had been brought in court. The arbitrator may award any 
damages or other relief or remedies permitted by applicable law. The arbitrator will write a 
brief explanation of the grounds for the decision. A judgment on the award may be entered 
by any court having jurisdiction. 

Arbitration Location and Costs 
Any  arbitration  hearing  that  you  attend  will  take  place  in  a  location  that  is  reasonably 
convenient for you. For Claims that total less than $25,000.00, at your written request, we 
will pay all filing, hearing and/or other fees that the Administrator and arbitrator charge you 
for Claim(s) that you assert in arbitration after you have paid an amount equivalent to the 
fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial 
district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) 
in court, you will not be required to pay that amount again). In addition, the Administrator 
may have a procedure whereby you can seek a waiver of fees that the Administrator and 
arbitrator charge you. We will always pay any fees or expenses (1) that we are required to 
pay by law or the Administrator’s rules or (2) that we are required to pay for this Arbitration 
Provision to be enforced. The arbitrator will have the authority to award attorneys’ and expert 
witness fees and costs to the extent permitted by this Agreement, the Administrator’s rules, 
or applicable law. The arbitrator will always award you your reasonable attorneys’ and expert 
witness fees and costs (1) if and to the extent you prevail on Claims you assert against us in 
an arbitration commenced by you or (2) to the extent required under applicable law for this 
Arbitration Provision to be enforced. 

Class Action Waiver 
Notwithstanding any other provision of this Agreement, if either you or we elect to arbitrate 
a Claim, neither you nor we will have the right (1) to participate in a class action, private 
attorney general action or other representative action in court or in arbitration, either as a 
class representative or class member; or (2) to join or consolidate Claims with claims of 
any other persons. No arbitrator will have authority to conduct any arbitration in violation 
of  this  provision;  provided,  however,  that  the  Class  Action  Waiver  does  not  apply  to  any 
lawsuit or administrative proceeding that a state or federal government agency files against 
us, even when such agency is seeking relief on behalf of a class of borrowers, including 
you. This provision means that we will not have the right to compel arbitration of any claim 
brought by such an agency. You and we acknowledge that the Class Action Waiver is material 
and essential to the arbitration of any disputes between us and is non-severable from this 
Arbitration Provision. If the Class Action Waiver is limited, voided, or found unenforceable, 
then this Arbitration Provision (except for this sentence) will be null and void with respect 
to such proceeding, subject to the right to appeal the limitation or invalidation of the Class 
Action Waiver, you and we acknowledge and agree that under no circumstances will a class 
action be arbitrated. 

Effect of Arbitration Award 
The arbitrator’s award will be final and binding on all parties, except for any right of appeal 
provided by the FAA. However, if the amount of the Claim exceeds $50,000 or includes a 
request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to 
you or we exceeding $50,000, either you or we may, within 30 days after the entry of the 
award by the arbitrator, appeal the award to a three-arbitrator panel that the Administrator 
oversees. The panel will reconsider anew any aspect of the initial award that the appealing 
party requests. The decision of the panel will be by majority vote. Reference in this Arbitration 
Provision  to  “the  arbitrator”  will  mean  the  panel  if  an  appeal  of  the  arbitrator’s  decision 
has been taken. The costs of such an appeal will be borne in accordance with the above 
paragraph titled “Arbitration Location and Costs.” Any final decision of the appeal panel is 
subject to judicial review only as provided under the FAA. 

Continued Effect of Arbitration Provision, Severability, and Conflicts 
Notwithstanding any other provision of this Agreement, to the extent permitted by applicable 
law, this Arbitration Provision will survive (1) any modification, extension or forbearance of 
or under this Agreement; (2) your full repayment of the Credit; (3) any sale or transfer of the 
Credit; (4) any legal proceeding of ours to collect a debt that you owe; (5) any bankruptcy 
(except  where  prohibited  by  bankruptcy  law);  and  (6)  the  termination,  cancellation, 
suspension, or rejection of this Agreement. If any portion of this Arbitration Provision (other 
than the Class Action Waiver) cannot be enforced, the rest of this Provision will continue to 
apply. In the event of a conflict between this Arbitration Provision and any applicable rules 
of JAMS or AAA or other Administrator used, the provisions of this Arbitration Provision will 
control. 

Right to Reject Arbitration Provision 
You may reject this Arbitration Provision and therefore not be subject to being required to 
resolve any dispute, controversy, or claim by arbitration. To reject this Arbitration Provision, 
you  and  only  you  personally,  must  send  us  written  notice  of  your  decision  so  that  we 
receive it at the address listed below within forty-five (45) days after the opening date of 
your Account. Such notice must include a statement that you wish to reject this Arbitration 
Provision, along with your name, address, Account Number, and your signature and must 
be  mailed  to  Bankcard  Services,  Attn:  Arbitration  Rejection,  P.O.  Box  4477,  Beaverton, 
Oregon 97076-4477. This procedure is the sole and only method by which you can reject 
this Arbitration Provision and any attempt to reject this Arbitration Provision by any other 
person or through any other method or form of notice, including the filing of a lawsuit, will 
be ineffective. Rejection of this Arbitration Provision will not affect any remaining terms of 
this Agreement and will not result in any adverse consequence to you or your Account. You 
agree that our business records will be final and conclusive with respect to whether you 
rejected this Arbitration Provision in a timely and proper fashion. This Arbitration Provision 
will apply to you and us and to your Account unless you reject it by providing proper and 
timely notice as stated herein. 

Excluded Claims or Proceedings 
None  of  the  following  claims  will  be  subject  to  the  Arbitration  Provision:  (1)  any  dispute 
or  controversy  about  the  validity,  enforceability,  coverage  or  scope  of  this  Arbitration 
Provision  or  any  part  thereof  (including,  without  limitation,  the  Class  Action  Waiver  and/
or this sentence); all such disputes or controversies are for a court and not an arbitrator to 
decide; however, any dispute or controversy that concerns the validity or enforceability of the 
Agreement as a whole is for the arbitrator, not a court, to decide; (2) any individual action 
brought by you or us in small claims court or your state’s equivalent court, unless such 
action is transferred, removed, or appealed to a different court; (3) any self-help or non-
judicial remedy; (4) any action to the extent that it seeks provisional or ancillary remedies 
in connection with the foregoing; and (5) any individual action in court by one party that is 
limited to preventing the other party from using a self-help remedy and that does not involve 
a request for damages or monetary relief of any kind. The institution and/or maintenance 
of any such right, action or litigation will not constitute a waiver of the right of either you or 
us to compel arbitration regarding any other dispute subject to arbitration pursuant to the 
Arbitration Provision.  
Moreover, the Arbitration Provision will not apply to any Claims that are the subject of (a) a 
class action filed in court that is pending as of the effective date of the Arbitration Provision 
in which you are alleged to be a member of the putative class (however, you and we will 
continue to be bound by any prior version of the Arbitration Provision) or (b) a motion to 
compel arbitration filed by us against you before the effective date of the Arbitration Provision 
pursuant to a prior version of the Arbitration Provision (however, you and we will continue to 
be bound by any prior version of the Arbitration 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: Bankcard 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 line. 
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 Account Purchases 
If you are dissatisfied with the goods or services that you have purchased with your Account, 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 Account 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 at: Bankcard 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. 

Your Genesis Credit® Ashley Advantage Gold Account is issued by: 
First Electronic Bank 
280 West 10200 South, Suite 200 
Sandy, UT 84070

F03-T261-9