Genesis Credit® Account Agreement

Dear Accountholder:
This Agreement, as defined below, is your contract for your Account and –

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Covers the terms that govern the use of your Genesis Credit® 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

Your Credit Limit

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 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® 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. 

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 
is 
transaction would cause you to exceed your Credit Limit or (2) your Account
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.

MAKING PAYMENTS

Monthly Statements
We will send a statement at the end of each monthly Billing Cycle if there is a debit or 
credit balance on your account of $1 or more, a balance on which an interest charge has 
been imposed or as otherwise required by applicable law. You agree to pay us, or any 
party to whom we may transfer and assign your Account or the amounts owing under 
your Account, in U.S. dollars according to all terms and conditions of this Agreement. 
Payments made by a check, money order or other negotiable instrument must be in a 
form acceptable to us and drawn on a U.S. financial institution.

Monthly Minimum Payment

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.

2.

$15; or

the sum of:

i.

ii.

all fixed payment amounts (illustrated in the table above) applicable to 
each of your Purchase transactions, plus

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     For the Purchase Transaction of $500

$2.50      For the Regular Balance (5% of $50)

Purchase: An extension of Credit to your Account for the purpose of purchasing goods 
or services from Retailer. 

=          $27.50     Monthly Minimum Payment

Monthly Minimum Payment Example 2:

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.: Raymour & Flanigan 

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.

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.

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$25.00     For the 1st Purchase Transaction of $500

$50.00     For the 2nd Purchase Transaction of $600

$2.50      For the Regular Balance (5% of $50)

=          $77.50     Monthly Minimum Payment

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FEB 1059 201408V1

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 6 months 
of deferred interest, beginning on the date of
the Purchase (the “deferred interest 
period”).

Each deferred promotion balance will not accrue any interest charges if you pay such 
balance in full by the end of the deferred interest period and you make each monthly 
minimum payment as required. The deferred interest period will end when one or more of 
the following events occur:

•
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6 months from the purchase date, as applicable;
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 27.9% and will be charged 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 
0.0764%and the applicable APR is 27.9%.

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.

2.

For each day, we take the beginning balance of each balance segment in 
the billing cycle, 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.
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.

OTHER FEES

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

to you for a 
You may request a copy of a monthly statement previously sent
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
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.

to a credit reporting agency information about you that

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 

Page 2 of 4

FEB 1059 201408V1

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
transaction receipt from Retailer. 

retain for statement verification purchases your copy of each Purchase 

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 
from your 
refund amount, we will subtract an amount equal
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.

to the refund amount

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 
the number and amount of daily transactions 
approved.
approved for security reasons.

In addition, we may limit

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
unenforceable for any reason, the remaining provisions will remain in effect.

that any provision of

this Agreement

is determined to be invalid or 

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

(1) American Arbitration Association (“AAA”) – 
An Administrator is one of the following:
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 
In determining liability and/or awarding 
privilege recognized under applicable law.
damages or other
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.

the arbitrator will

relief,

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

if either you or we elect

Notwithstanding any other provision of this Agreement,
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

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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
those 
organizations know when the matter has been settled between us.

let

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.

2.

3.

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.)
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.
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® Account is issued by:
First Electronic Bank
280 West 10200 South, Suite 200
Sandy, UT 84070

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

this Agreement,

to the extent permitted by 
Notwithstanding any other provision of
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, 
If any portion of this Arbitration 
cancellation, suspension, or rejection of this Agreement.
the rest of this 
Provision (other than the Class Action Waiver) cannot be enforced,
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
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.

this Agreement and will not result

Excluded Claims or Proceedings

the validity, enforceability, coverage or scope of

None of the following claims will be subject to the Arbitration Provision: (1) any dispute or 
controversy about
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:

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 

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