This Credit Agreement (“Agreement”) governs your account with First Electronic Bank; an FDIC-insured 
industrial bank located in Utah, and should be reviewed carefully and retained for your records. If the 
Bank approves your application and opens an account for you, you agree with the Bank as follows: 

1. DEFINITIONS. In this Agreement and in your monthly billing statement, the following definitions will 
apply: the words “you,” “your,” and “yours” refer to each person in whose name this Account was 
opened and to whom we direct the billing statement; these words also refer to anyone you have 
authorized to use the Account or for whom you have requested an additional Card. The words “we,” 
“us,” “our,” and “Bank” refer to First Electronic Bank, or to any of its successors or assignees. The word 
“Account” means your revolving line of credit account with the Bank. The words “Authorized User” 
mean any person whom you give permission to use your Account. The word “Card” means the credit 
card(s) that may be issued to you under this Agreement for use in the connection with your Account. 
The words “Fry’s” refers to Fry’s Electronics, Inc. 

2. ACCEPTANCE OF AGREEMENT. You acknowledge and agree that any use of the credit associated with 
your Account constitutes your acceptance of the provisions contained in this Agreement, which includes 
an arbitration provision. The application you signed or otherwise submitted (including the federal and 
state notices), any temporary card and the card carrier the Bank sends with your Card are part of and 
are incorporated into this Agreement. 

3. PROMISE TO PAY. You promise to pay us, in accordance with the terms of this Agreement, for all 
credit that we extend on your Account, and all other amounts owed to us under the terms of this 
Agreement. If this is a joint Account, each of you agrees to be liable individually and jointly for the entire 
amount owed on your Account, even if the Account is only used by one of you. 

4. CREDIT LIMIT. Your initial credit limit is disclosed in the card carrier accompanying your Card, or on 
the face of any temporary Card. Thereafter, your credit limit and available credit on your Account will be 
disclosed on each monthly billing statement. You agree not to exceed your credit limit unless authorized 
by us. You are liable for the entire outstanding balance on your Account, even if it exceeds your credit 
limit. We may establish from time to time the minimum amount of credit we will extend under the 
Account for a single transaction. Credit balances do not serve to increase your credit limit. The Bank may 
increase or decrease your credit limit at any time and will notify you of such change in accordance with 
applicable law. In addition, you may request a change in your credit limit by writing to First Electronic 
Bank, P.O. Box 760, Draper, UT 84020 or by calling 1-866-322-8008. 

5. USE OF ACCOUNT. You may use your Account to make purchases on credit at any Fry’s store. If a Card 
is issued to you for use in connection with your Account, the Card must be signed to be used. The Card is 
the property of the Bank and must be returned to the Bank if the Bank so requests. 

6. CREDIT AUTHORIZATIONS. Some purchases will require our prior authorization and you may be asked 
by the merchant to provide identification. If our authorization system is not working, we may not be 
able to authorize a transaction, even if you have sufficient available credit. We will not be liable to you if 
any of these events happen. We are not responsible for the refusal of any merchant to accept or honor 
the Card. 

7. AUTHORIZED USERS. You may permit another person to have access to your Account (via methods 
such as your Account number, your Card, additional Cards you may request on your Account, etc.). 
However, if you do, you must pay us for all charges made by those persons, including charges for which 
you may not have intended to be responsible. In addition, you must pay us all fees that may become due 

under the terms of this Agreement in connection with such charges. You must notify us to revoke 
permission for any person you have previously authorized to use your Account. If you tell us to revoke 
another person’s use of your Account, we may close that Account number and set up a new Account 
with a different Account number. 

8. TYPES OF CHARGES. There are two types of charges or “Plans” under your Account: you may make a 
purchase on (a) the Regular Plan or (b) a Promotional Plan. The standard provisions of this Agreement 
apply to all Promotional Plan transactions unless otherwise specified prior to or at the time of purchase 
under a particular Promotional Plan offering, and will continue to apply to any and all transactions that 
are not subject to a Promotional Plan. The following Promotional Plans may be offered from time to 
time as specified prior to or at the time of purchase: (a) Same As Cash Monthly Payment Plan – If you 
pay the full cash sales price of the purchase by the promotional due date, as indicated on your billing 
statement, and pay the Minimum Payment Due when due each billing cycle, as indicated on your billing 
statement, no interest charges will be imposed on the purchase. If such payments are not so made, 
interest charges will be imposed from the purchase date. All purchases that do not fall under a 
Promotional Plan are referred to as Regular Plan purchases. Certain rules apply to the allocation of 
payments and interest charges on your promotional purchase if you make more than one purchase on 
your Account. Call 1-866-322-8008 for information. 

9. MONTHLY BILLING STATEMENT. We will send you a monthly billing statement summarizing each 
transaction on your Account during the preceding billing period. The billing statement will also show the 
total amount that you owe the Bank at the end of the current billing period, including any interest 
charges, fees, debt cancellation (if applicable), the minimum payment due, the payment due date 
(which date is at least 24 days from the monthly statement closing date), and a summary regarding any 
Promotional Plan charges and due dates. It also shows your current Credit Limit.  We will mail or deliver 
your billing statement to only one address. If your Account is a joint Account or if more than one person 
is permitted to use the Account, you agree that all billing statements and notices regarding the Account 
may be sent solely to the address shown on our billing records. Please review each billing statement 
carefully.  You must notify us promptly of any change in your name, residence or billing address by 
writing to us at the “Mail Inquiries” address on your billing statement. Preservation of your rights under 
federal law regarding resolution of billing errors depends upon your timely recognition of potential 
errors, as explained in paragraph 35 below. If you default under this Agreement, we may, in our sole 
discretion, stop sending you billing statements if we deem your Account uncollectible or if we institute 
delinquency collection proceedings. 

10. VARIABLE ANNUAL PERCENTAGE RATE (APR). The interest rate on your account is subject to change 
from time to time based on changes in an independent index which is the  Prime Rate as published in 
The Wall Street Journal on the first day of the month that The Wall Street Journal is published (the 
“Index”). If the index becomes unavailable, the Bank may designate a substitute Index after providing 
notice to you.  The Standard APR and the Penalty APR will increase when the Prime Rate increases.  If 
the Prime Rate changes, resulting in a change in the APR, the change will take effect on the first day of 
your next billing period. Each time the APR changes, we will apply it to any existing balances, subject to 
special terms of any applicable Promotional Plans. In addition, the APR for purchases may increase from 
the Standard APR to the Penalty APR if you fail to make any Minimum Payment Due by 60 days from the  
due date shown on your billing statement. The increase to the Penalty APR as described in this 
paragraph will take effect as of the first day of the billing period following your failure to make the 
Minimum Payment Due by 60 days after the payment due date and will continue until you make six 

consecutive minimum payments by the due date shown on your statement, beginning with the first 
payment due following the effective date of the increase.  An increase in the variable APR means you 
will pay higher interest charges and perhaps a higher minimum payment. 

11. ANNUAL PERCENTAGE RATES. The APR for purchases is based on a monthly “Prime Rate” plus a 
margin. The Standard APR is determined by adding 23.74% to the Prime Rate.  The Penalty APR is 
determined by adding 26.74% to the Prime Rate.  The corresponding daily periodic rates are 1/365th 
(1/366th for a leap year) of the then current APR. The applicable APRs at the time of account opening 
are displayed in the Current APR Schedule immediately preceding this Agreement. Subsequent 
applicable APRs will appear in the monthly billing statement. The APRS may change. Please see 
paragraph 10 for details relating to how these rates may change, including if you default under this 
Agreement. 

12. INTEREST CHARGES. The following interest charges apply whether before or after default, judgment, 
or the closing of your Account: (a) When Periodic Interest Charges Begin To Accrue. Your due date is at 
least 24 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, otherwise, periodic interest charges will be 
assessed on each purchase from the date of the transaction. If during the previous billing cycle you paid 
in full by the Payment Due Date, then in the current billing cycle you will have an additional interest-free 
period on the amount of any Regular Plan Purchases paid by the Payment Due Date, based on our 
payment allocation method. Under certain Promotional Plans that may be offered from time to time, 
interest charges may be waived under the specific terms that will be provided at or prior to the time of 
purchase under such Promotional Plan. (b) Calculation of Interest Charges. The total amount of interest 
charges for a billing period will be calculated as follows: (1) Regular Plan - We calculate the interest 
charge on your account by applying the periodic rate to the Average Daily Balance of your account 
(including new transactions). To get the Average Daily Balance we take the beginning balance of your 
Regular Plan account each day, add any new purchases and subtract any payments or credits. This gives 
us the daily balance (any unpaid interest charges incurred during that billing period are not included in 
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. This gives us the “Average Daily Balance,” which is also called the 
“Balance Subject to Interest Rate” on your monthly statement. (2) Promotional Plans - We calculate the 
interest charge on your account by applying the periodic rate to each Promotional Plan Average Daily 
Balance. These are special promotional transaction balances on which interest charges are accruing but 
will be waived provided (i) the balance for the Promotional Plan is paid in full by the Promotion 
Expiration Date as specified on the front of your billing statement, and (ii) you do not default, by failing 
to make any Minimum Payment Due by 60 days from the due date shown on your billing statement, 
before the Promotional Plan has been paid in full.  Promotional Plans with different promotional 
expiration dates or terms are treated as different Credit Plans for this purpose. To get the Promotional 
Plan Average Daily Balance, we take the beginning balance of each Promotional Plan account each day 
and subtract any payments or credits applicable to that Plan. 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. This gives us each Promotional Plan Average Daily Balance. (3) The sum of the amounts 
determined under (1) and (2) above is your interest charge on purchases. The deferred interest charge, 
if any, determined under (2) above is accumulated from billing cycle to billing cycle and posted to your 
Account as interest charges only if the applicable Promotional Plan has not been paid in full by the 
Promotion Expiration Date or if you default as described in paragraph 10 in the Credit Agreement 
entitled “Variable Annual Percentage Rate (APR)” before the Promotional Plan transactions have been 

paid in full. (c) Days in Billing Period. For interest charge calculation purposes, the billing period begins 
on the day after the Statement/Closing Date of the previous billing period and includes the 
Statement/Closing Date of the current billing period. The number of days in the billing period may vary. 
(d) Minimum Interest Charge. A minimum interest charge of $2.00 will be assessed on each Account for 
any billing cycle in which an interest charge is due. 

13. MINIMUM PAYMENT DUE. You agree to pay us, in time for receipt by us on or before the applicable 
due date and time shown on your billing statement and this Agreement, the total “minimum due” 
amount reflected on your billing statement. The total minimum payment due will consist of the Regular 
Plan minimum payment plus any Promotional Plan minimum payment (as will be specified to you at or 
prior to a Promotional Plan purchase). The Regular Plan minimum payment due will be equal to the 
greater of $10.00 or 1% of balance plus billed interest charges plus any fees. If any plan balance shown 
on your statement is less than $10, your Minimum Payment Due for that plan will be the entire plan 
balance. Your receipt of a credit does not relieve you of your obligation to pay the Minimum Payment 
Due. Making only the minimum payment will increase the amount of interest you pay and the time it 
takes to repay your balance. 

14. PAYMENTS. The payment due date on your Account will be the same date each month and will be at 
least 24 days from the closing date on your statement.  All payments must be made in U.S. dollars drawn 
on funds on deposit in the United States. You may, at any time, pay more than the monthly Minimum 
Payment Due or even the entire outstanding balance without a penalty. No partial prepayment will 
extend the due date of any succeeding payment. Payments on your Account should be mailed to us at 
our remittance address shown on your billing statement. Payments accompanied by the payment 
coupon portion of your billing statement received by us at that address before 5:00 p.m. Mountain Time 
on any banking day will be credited to your Account as of that day. Payments received by us at any other 
location, or in any other form, may be subject to a delay in crediting of up to 5 days after receipt. You 
may not mail us cash. You agree that any payment may be returned to you if your check is: (a) missing a 
signature; (b) drawn with different numeric and written amounts; (c) restrictively endorsed; (d) 
postdated; or, (e) not paid on presentment. However, if you wish us to consider a payment marked 
“paid in full”, “without recourse”, or similar language, such payment must be marked for special 
handling and sent to the “Mail Payments” address on  your billing statement. You agree that we may 
accept any such payment, late payments, partial payments, and payments marked “paid in full”, 
“without recourse”, or otherwise restrictively endorsed without waiving our right to payment in full of 
your entire Account balance. The provisions relating to application of payments in Paragraph 18 of the 
Agreement apply solely for determining which items of merchandise remain subject to our security 
interest.  Your Available Credit may be increased by the amount of your payment within a reasonable 
time after that payment is received. If you have multiple plan balances, payments in the amount of the 
minimum payment will be allocated to the total Minimum Payment Due and payments in excess of the 
minimum payment will be applied according to applicable law, including provisions applying to deferred 
interest plans. 

15. ELECTRONIC PAYMENTS. We reserve the right to obtain payment electronically for any check or 
other instrument that you send to us by initiating an ACH (electronic) debit in the amount of your check 
or instrument to your account. Your check or item will not be returned to you by us or your bank. 

16. OTHER CHARGES. Other charges on your Account include the following: (a) Late Payment Fee. We 
may add the following fees to your purchase balance if we do not receive your minimum monthly 
payment by 5:00 p.m. Mountain Time on the payment due date shown on your billing statement. The 

Late Payment Fee will be based on your New Balance; $15 if your New Balance is $100 or less; $29 if 
your New Balance is $100.01 to $250; or $39 if your New Balance is greater than $250 (For Iowa 
Residents the late payment fee will be $15). (b) Returned Payment Fee. We may add a fee of $25 ($20 
Iowa Residents) to your purchase balance when a check or other payment on your Account is not 
honored, when we must return it because it cannot be processed, or when an automatic debit is 
returned unpaid. At our option, we may assess this fee the first time your check or payment is not 
honored, even if it is honored upon resubmission. (c) Statement Copy Fee. We may add a fee of $5 to 
your purchase balance for each billing statement page copy you request on your Account, unless 
otherwise prohibited by law. (d) Reissue Card Fee. We may add a fee of $5 to your purchase balance for 
each card that you request be reissued on your Account. We may add a fee of $30 to your purchase 
balance for each card if you request expedited delivery. (e) Invoice/Sales Slip and Payment Copy Fee. We 
may add a fee of $5 to your purchase balance for each copy you request of (1) an invoice/sales slip, and 
(2) your payments. (f) Research Fee. We may add to the purchase balance a fee of $15 per hour for 
research that you request on your Account (unless such research discloses a billing error made by the 
Bank) plus $5.00 per page for any photocopies. (g) Expedited Payment Fee. We may permit you to make 
a payment on your Account by authorizing us over the telephone or online to transfer or pay funds from 
your deposit account to your Fry’s Credit Account. We may impose a fee of up to $15 for each such 
payment authorized by you for any expedited payment facilitated by our representative. (h) Paper 
Statement Fee. We may add a fee of $1 if we mail a paper billing statement to you. 

17. DEFAULT. You will be in default under this Agreement if the minimum monthly payment listed on 
the billing statement as Minimum Payment Due is not received at the correct address on or before the 
payment due date, or if you breach any other provision of this Agreement, file for bankruptcy, or 
become insolvent or generally unable to pay your debts, or have furnished false or misleading 
information in applying for your Fry’s Credit Account. After your default or your death, and subject to 
the limitations of applicable law, we may at our option: (a) close your Account and declare the entire 
unpaid balance on your Account immediately due and payable, (b) require you to surrender the 
products purchased with any outstanding loans from your Account, and (c) exercise all other rights and 
remedies available to us under applicable law. If you have given us a security interest in a deposit 
account, we may use the deposit amount to pay any amount you owe to us. In the event of your default, 
and subject to any limitations or requirements of applicable law, you agree to pay all costs, including 
reasonable attorney’s fees, incurred by us (a) in collecting all amounts due on your Account, whether or 
not suit is brought against you, and (b) in protecting ourselves from any harm that we may suffer as a 
result of your default. 

18. SECURITY INTEREST. To the extent permitted by applicable law, you grant to us, and we shall retain, 
a purchase money security interest under the Uniform Commercial Code, in each item of merchandise 
purchased on your Account as shown on sales slips, until the unpaid balance of that item is paid in full. 
For purposes of determining at any time which items remain subject to our security interest, payments 
on your Account will be applied in accordance with any mandatory provisions of applicable law and, 
absent such provisions, shall be applied as follows: first to interest charges; then to late fees, copy fees, 
returned payment fees or other fees on your Account; and then to debt cancellation charges and 
purchases charged to your Account on different dates, in the order of entry to your Account, and in the 
case of debt cancellation fees and purchases charged to your Account on the same date, the lowest 
priced shall be deemed first paid. However, it is expressly agreed that no security interest is or will be 
retained or acquired by us in any consumer’s principal dwelling. This does not apply to a lien created by 
a court judgment. In the event of default, we shall have all the rights of a secured party under applicable 

law including, to the extent permitted by applicable law, the right to repossess items that remain subject 
to our security interest. 

19. LOST OR STOLEN CARD OR UNAUTHORIZED USE. You may be liable for the unauthorized use of your 
Card or your Account. You will not be liable for unauthorized use that occurs after you notify us 
immediately by telephone at 866-322-8008 of the loss, theft or possible unauthorized use. In any case, 
your liability will not exceed $50. 

20. TELEPHONE MONITORING AND RECORDING. From time to time we may monitor and record your 
telephone calls regarding your Account with us to assure the quality of our service. 

21. FINANCIAL INFORMATION. You agree to provide us with current financial information and updated 
application information in such form and at such times as we may request. We may contact any source 
we deem necessary in investigating your credit worthiness, including obtaining consumer credit reports 
on you from consumer reporting agencies in connection with your application and later in connection 
with reviewing, renewing, and/or taking collection action on your Account. 

22. CREDIT REPORTING. We may report your performance under this Agreement to credit reporting 
agencies, including your failure to make minimum payments on time. If you add other Authorized Users 
or request additional Cards on your Account for others, you understand that we may report Account 
information in your name as well as in the names of those other people. We may also obtain follow-up 
credit reports on you (for example, when we review your Account for a credit line increase). If you wish 
to know the names of the agencies we have contacted, write us at the address listed on the billing 
statement. We may also respond to inquiries about our credit experiences with you as permitted by law. 
You are hereby notified that a negative credit report reflecting on your credit record may be submitted 
to a credit reporting agency if you fail to fulfill the terms of your credit obligation. 

23. SHARING CUSTOMER INFORMATION; PRIVACY NOTICE. We are permitted by law to share any 
information about our transactions and experience with you, but other information you provide to us or 
that we obtain from third parties (for example, credit bureaus) will not be shared among our affiliates. 

24. RESPONSIBILITY FOR GOODS OR SERVICES. We are not responsible for goods or services you 
purchase or lease by using your Account except to the extent required by applicable law. 

25. CHANGING THIS AGREEMENT. We may amend this Agreement by changing, adding or deleting any 
term, condition, service or feature (“New Term”) of your Account or of this Agreement at any time. We 
will notify you of such changes to the extent and in the manner required by applicable law.  We may 
apply any new terms to the outstanding balance in the Account at the time of the change, as allowed by 
applicable law, as well as to any advances made after the effective date of the change. 

26. CLOSING YOUR ACCOUNT. We may close your Account and/or suspend your right to use your 
Account at any time for any reason; we will notify you of such action to the extent and in the manner 
required by applicable law. We may also reissue a different Card account number at any time. You must 
return the Card to us upon request. You may close your Account at any time by notifying us in writing. If 
yours is a joint Account, any one Account holder may terminate this Agreement. We will have no 
obligation to notify the other Account holder. Upon receipt of your written notice, your right to use the 
Card will be automatically revoked.  You will be required to repay the outstanding balance in accordance 
with applicable law. 

27. NO WAIVER BY US. We can delay in enforcing, or fail to enforce, any of our rights under this 
Agreement without losing them. 

28. SEVERABILITY. If any of the provisions of this Agreement are held to be unenforceable or invalid for 
any reason, the remaining provisions hereof shall nevertheless remain enforceable, and shall be 
interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent 
permitted by applicable law. 

29. ASSIGNMENT OF ACCOUNT. You may not assign your rights under this Agreement or your Account to 
anyone. We may sell or assign any or all of our rights under this Agreement, including our security 
interest, at any time. 

30. ARBITRATION CLAUSE AND DISCLOSURES. (a) Arbitration Disclosures. (1) Arbitration is final and 
binding on the parties and subject to only very limited review by a court. (2) In arbitration the parties 
are waiving their right to litigate in court, including their right to a jury trial. (3) Discovery in arbitration is 
more limited than discovery in court. (4) Arbitrators are not required to include factual findings or legal 
reasoning in their awards. The right to appeal or to seek modification of arbitrator’s rulings is very 
limited. (5) A panel of arbitrators might include an arbitrator who is or was affiliated with the banking 
industry. (6) Arbitration will apply to all disputes between the parties, not just those concerning this 
Agreement. (7) If you have questions about arbitration, consult your attorney or the American 
Arbitration Association. (b) Disputes. Any claim or controversy (“Dispute”) between or among you and 
the Bank, including our respective employees, agents, affiliates, and assigns, including, but not limited 
to, Disputes arising out of or relating to this Agreement, this arbitration provision (“Arbitration Clause”), 
or any related agreements or instruments relating hereto or delivered in connection herewith (“Related 
Agreements”), and including, but not limited to, a Dispute based on or arising from an alleged tort, shall 
at the request of any party be resolved by binding arbitration in accordance with the applicable 
arbitration rules of the American Arbitration Association (the “Administrator”). The provisions of this 
arbitration clause shall survive any termination, amendment, or expiration of this Agreement or Related 
Agreements. The provisions of this arbitration clause shall supersede any prior arbitration agreement 
between or among the parties. (c) Proceedings. The arbitration proceedings shall be conducted in a city 
mutually agreed to by the parties. Absent such an agreement, arbitration will be conducted in Salt Lake 
City, Utah, or such other place as may be determined by the Administrator. The Administrator and the 
arbitrator(s) shall have the authority to the extent practicable to take any action to require the 
arbitration proceeding to be completed and the arbitrator(s)’ award issued within 150 days of the filing 
of the Dispute with the Administrator. The arbitrator(s) shall have the authority to impose sanctions on 
any party that fails to comply with time periods imposed by the Administrator or the arbitrator(s), 
including the sanction of summarily dismissing any Dispute or defense with prejudice. The arbitrator(s) 
shall have the authority to resolve any Dispute regarding the terms of this Agreement, this arbitration 
clause, or Related Agreements, including any claim or controversy regarding the arbitrability of any 
Dispute. All limitations periods applicable to any Dispute or defense, whether by statute or agreement, 
shall apply to any arbitration proceeding hereunder and the arbitrator(s) shall have the authority to 
decide whether any Dispute or defense is barred by a limitations period and, if so, to summarily enter an 
award dismissing any Dispute or defense on that basis. The doctrine of compulsory counterclaim, res 
judicata, and collateral estoppel shall apply to any arbitration proceeding hereunder so that a party 
must state as a counterclaim in the arbitration proceeding any claim or controversy which arises out of 
the transaction or occurrence that is the subject matter of the Dispute. The arbitrator(s) may in the 
arbitrator(s)’ discretion and at the request of any party consolidate in a single arbitration proceeding any 

other claim arising out of the same transaction involving another party to that transaction that is bound 
by an arbitration clause with “Bank”, such as borrowers, guarantors, sureties, and owners of collateral. 
(d) Arbitrator Selection. The arbitrator(s) shall be selected in accordance with the rules of the 
Administrator from panels maintained by the Administrator. A single arbitrator shall have expertise in 
the subject matter of the Dispute. Where three arbitrators conduct an arbitration proceeding, the 
Dispute shall be decided by a majority vote of the three arbitrators, at least one of whom must have 
expertise in the subject matter of the Dispute and at least one of whom must be a practicing attorney. 
The arbitrator(s) shall award to the prevailing party recovery of all costs and fees (including attorneys’ 
fees and costs, arbitration administration fees and costs, and arbitrator(s)’ fees). The arbitrator(s), either 
during the pendency of the arbitration proceeding or as part of the arbitration award, also may grant 
provisional or ancillary remedies including but not limited to an award of injunctive relief, foreclosure, 
sequestration, attachment, replevin, garnishment, or the appointment of a receiver. (e) Judgment. 
Judgment upon an arbitration award may be entered in any court having jurisdiction, subject to the 
following limitation: the arbitration award is binding upon the parties only if the amount does not 
exceed Twenty Thousand ($20,000); if the award exceeds that limit, any party may demand the right to 
a court trial. Such a demand must be filed with the Administrator within 30 days following the date of 
the arbitration award; if such demand is not made within that time period, the amount of the arbitration 
award shall be binding. The computation of the total amount of an arbitration award shall include 
amounts awarded to attorneys’ fees and costs, arbitration administration fees and costs, and 
arbitrator(s)’ fees. (f) Limitations. No provision of this arbitration clause, nor the exercise of any rights 
hereunder, shall limit the right of any party to: (1) judicially or non-judicially foreclose against any real or 
personal property collateral or other security; (2) exercise self-help remedies, including but not limited 
to repossession and setoff rights; or (3) obtain from a court having jurisdiction thereover any provisional 
or ancillary remedies including but not limited to injunctive relief, foreclosure, sequestration, 
attachment, replevin, garnishment, or the appointment of a receiver. Such rights can be exercised at any 
time, before or after initiation of an arbitration proceeding, except to the extent such action is contrary 
to the arbitration award. The exercise of such rights shall not constitute a waiver of the right to submit 
any Dispute to arbitration, and any claim or controversy related to the exercise of such rights shall be a 
Dispute to be resolved under the provisions of this arbitration clause. Any party may initiate arbitration 
with the Administrator. If any party desires to arbitrate a Dispute asserted against such party in a 
complaint, counterclaim, cross-claim, or third-party complaint thereto, or in an answer or other reply to 
any such pleading, such party must make an appropriate motion to the trial court seeking to compel 
arbitration, which motion must be filed with the court within 45 days of service of the pleading, or 
amendment thereto, setting forth such Dispute. If arbitration is compelled after commencement of 
litigation of a Dispute, the party obtaining an order compelling arbitration shall commence arbitration 
and pay the Administrator’s filing fees and costs with 45 days of entry of such order. Failure to do so 
shall constitute an agreement to proceed with litigation and waiver of the right to arbitrate. In any 
arbitration commenced by a consumer regarding a consumer Dispute, the Bank shall pay one half of the 
Administrator’s filing fee, up to $250. (g) Applicable Law. Notwithstanding the applicability of any other 
law to this Agreement, the arbitration clause, or Related Agreements between or among the parties, the 
Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall apply to the construction and interpretation of this 
Arbitration Clause. If any provision of this arbitration clause should be determined to be unenforceable, 
all other provisions of this arbitration clause shall remain in full force and effect. 

31. CLASS ACTION WAIVER. You waive the right to initiate or participate in a class action against the 
Bank relating to this Agreement. 

32. GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the 
United States. To the extent state law applies to this Agreement, this Agreement will be governed by the 
laws of the state of Utah. This Agreement is not valid until accepted by Bank in Utah, and any credit 
extended to you is extended in and from Utah, regardless of where you reside or use your Account. You 
agree that if a dispute arises and you file suit against the Bank, services of process on the Bank may be 
made only at Bank’s main office in Sandy, Utah. 

33. ENTIRE AGREEMENT. This Agreement is the final expression of the agreement between you and the 
Bank and may not be contradicted by evidence of any alleged oral agreement. 

34. FOR FURTHER INFORMATION. For further information about your Account or this Agreement, you 
may call us at the telephone number on the front of the billing statement. 

35. 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 First Electronic Bank, 
P.O. Box 825, Draper, Utah 84020. In your letter, give us the following information: (a) Account 
information: Your name and account number. (b) Dollar amount: The dollar amount of the suspected 
error. (c) 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 1) within 60 days after the error 
appeared on your statement, or 2) 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. 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;  and 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:  1) we cannot try 
to collect the amount in question, or report you as delinquent on that amount;  2) the charge in 
question may remain on your statement, and we may continue to charge you interest on that amount;  
3) while you do not have to pay the amount in question, you are responsible for the remainder of your 
balance; and 4) we can apply any unpaid amount against your credit limit. After we finish our 
investigation, one of two things will happen: (a) 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. (b) 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 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 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; and 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: First Electronic Bank, P.O. Box 760, Draper, Utah 84020.  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. 

05290321 

Pricing Information Addendum 

Annual Percentage Rate 
(APR) for Purchases 

Penalty APR 

Annual Fee 
Minimum Interest 
Charge 

21.24 - 26.99% 
Variable APR 

Prime Rate + 17.99 - 23.74% depending on account open date 
Currently Prime + 23.74% 
25.24 - 29.99% 
Variable APR 

Prime Rate + 21.99 - 26.74% depending on account open date 
Currently Prime + 26.74% 

None 

$2 ($.50 for Iowa Residents) 

Transaction Charge 

None 

Grace Period 
Balance Computation 
Method 
Late Payment Fee 

At least 24 days 

Average Daily Balance (including purchases) 
$15 for balances $100 or less 
$29 for balances between $101 to $250 ($15 for Iowa Residents) 
$39 for balances greater than $250 ($15 for Iowa Residents) 

Balance Transfer Fee 

None 

Returned Payment Fee 

$25 ($20 for Iowa Residents) 

Required Insurance Fee 

Not Applicable