FNBP-D-0717(AFTI)

Interest Rates and Interest Charges
Annual Percentage Rate (APR)
for Purchases
APR for Cash Advances
How to Avoid Paying Interest 
on Purchases

Minimum Interest Charge
For  Credit  Card  Tips  from  the 
Consumer Financial Protection 
Bureau

Fees

Annual Fee

Transaction Fees
  Cash Advance
  Foreign Transaction

Penalty Fees
  Late Payment
  Returned Payment

15.90% This APR will vary with the market based on the Prime Rate.  
24.90% This APR will vary with the market based on the Prime Rate.
Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you interest on purchases if you pay your entire balance by the due date 
each month.
If you are charged interest, the charge will be no less than $1.00.
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

None

Either  $10  or  4%  of  the  amount  of  each  cash  advance,  whichever  is  greater. 
2% of each transaction in U.S. dollars.

Up to $25
Up to $25

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).”

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in Paragraph 
16 of this Contract.

Terms and Conditions

First National Bank Credit Card Important Information: Please take the time to read and save. 

PRESCREEN & OPT-OUT NOTICE: You were selected for this “prescreened” offer of credit because the credit 
bureau gave us your name and address and indicated that you met our minimum credit criteria (the way you 
maintain your other credit cards and/or loans). If you do not want to be included on marketing lists you can tell 
the  credit  bureaus  to  stop  using your  credit  information  for  this  purpose.  To  make  this  request,  you  need  to 
notify the credit bureaus at: Experian, DMA Mail Preference Service, P.O. Box 643, Carmel, NY 10512; Equifax 
Options, P.O. Box 740123, Atlanta, GA 30374-0123; Trans Union Opt-Out Request, P.O. Box 505, Woodlyn, PA, 
19094-0505, or call 1-888-567-8688.

Conditions Of This Pre-Approved Offer: You must: 1) be a resident of the United States; 2) accept this offer on or 
before the REPLY BY DATE printed on the application; 3) continue to meet our minimum credit criteria; 4) provide 
information on your application that can confirm your income and that you are 18 years old or older; 5) meet our 
debt-to-income requirements; and 6) NOT have any other credit card issued by First National Credit Card. This offer 
is not available to active duty military personnel and their dependents who are covered borrowers (as defined in 32 
C.F.R. 232.3) under the Military Lending Act.

Important Information About Procedures For Opening a New Account: To help the government fight the funding of 
terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information 
that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your 
name, address, date of birth and other information that will allow us to identify you.
Qualify For Future Unsecured Credit: Initially, you will be issued a Visa® with at least a $500 credit limit, up to a maximum 
of  $5,000.  If  you  make  all  your  payments  on  time,  meet  our  debt-to-income  requirements,  keep  your  account  in  good 
standing and maintain your credit profile, you may be eligible to receive future credit limit increases.

Privacy: Financial companies choose how they share your personal information. Federal law gives consumers the right to limit 
some but not all sharing. All financial companies need to share customers’ personal information to run their everyday business. 
We do not share your personal information except as permitted by law to process your transactions, maintain your account(s), 
respond to court orders and legal investigations, to report to credit bureaus, or to offer our products and services to you. We 
will provide a complete privacy notice when your account is approved. If you would like a copy of our privacy notice, you may 
obtain one by visiting our website at www.firstnationalcc.com.

Electronic Communication: By providing your email address, you are authorizing us to communicate with you at this email 
address.

Authorization / Notices: By accepting this offer, you are requesting credit from us. You confirm that all information you 
provide to us is true and correct.

Credit Reports: By responding to this offer, you are authorizing us to obtain credit reports about you, both now and in the 
future, for any legitimate business purpose associated with the account or request for an account, including but not limited 
to reviewing, modifying, renewing or collecting on your account. We may report information about your account to credit 
bureaus. Late payments, missed payments, or other defaults on your account may be reflected on your credit report. You 
and each authorized user agree that we may report account information to credit reporting agencies in the names of both 
you and the authorized user(s).

Optional PREMIUM Club Membership: This optional program offers participants access to an  online shopping mall with cash 
back rewards, lost key protection and prescription, hotel and rental car discounts.  The cost of this program is $4.95 per month and 
is included on your billing statement.  Should you want to cancel, call customer service or write to the PREMIUM Club.  Enrolling 
or using the services, products or discounts of the PREMIUM Club signifies your acceptance of the membership and associated 
fee.  This program is offered and administered by CAPITAL Enhancement Services, LLC.  The PREMIUM Club is a service 
mark of CAPITAL Enhancement Services, LLC.  All rights reserved.  ©Copyright 2017, CAPITAL Enhancement Services, LLC. 

Optional Payment Protection Plan Disclosure Terms: Payment Protection Plan is an optional program offered by First 
National Bank to eligible credit card members.  Whether or not you purchase the Payment Protection Plan will not 
affect  your  application  for  credit  or  the  terms  of  any  existing  credit  agreement  you  have  with  the  bank.    Upon 
enrollment, we will give you additional information before you are required to pay for the Payment Protection Plan.  This 
information will include an addendum to your First National Bank Credit Card contract that fully describes the program’s 
features and benefits.  Please read it carefully for a full explanation of terms including eligibility requirements, conditions 
and exclusions that could prevent you from receiving benefits and defines your cancellation rights.  You may cancel your 
Payment Protection at any time and, if you cancel within the first 30 days, any fees charged will be refunded.  Your monthly 
cost is $.89 per $100 of outstanding balance.  Payment Protection Plan fees will be automatically charged to your account 
each month.  
Benefits are limited to the minimum monthly payments as of your date of unemployment, disability, hospitalization, military 
leave, certified family medical leave or jury duty up to a maximum of $5,000, or your balance as of your date of death up to 
a maximum of $5,000.  You must be enrolled in the Payment Protection Plan for at least 30 days before your claim occurs.  
While receiving benefits, you will be unable to make any new charges or cash advances on your credit card.  There is a 
120-day wait period between qualified events.  Unemployment, disability and military leave benefits cover your minimum 
monthly payment up to 18 months per event.  To qualify for unemployment and disability protection, you must work at least 
30 hours per week for at least 6 months before the loss.  Disability coverage excludes pre-existing conditions for 12 months 
prior to enrollment, excludes normal pregnancy and excludes childbirth. Military leave applies if you are called to active duty.  
Hospitalization benefits cover one minimum monthly payment per event.  Certified family medical leave consists of caring 
for a family member with a serious medical condition, caring for a newborn or caring for an adopted child. Certified family 
medical leave and jury duty benefits cover your minimum monthly payment up to 3 months per event.  

First National Bank may cancel the Payment Protection Plan at any time including, but not limited to, if the account is in 
default, discharged or terminated, or if you have received the $5,000 maximum benefit.  The amount of protection under this 
contract has limits and may not cancel your entire balance or entire monthly payment.  You are responsible for any amounts 
past due or any amounts over your credit limit before your date of loss.

Credit Card Contract and Initial Disclosure Statement 

Please read this contract carefully. Your credit card account is governed by this contract. You become bound by the terms of 
this contract when you sign your application. In the contract, “bank,” “we,” “our” and “us” refer to First National Credit Card (Ft. 
Pierre, SD) and we are the creditor named in the application you signed. “You,” “your” and “applicant” are the person(s) who 
applied to us for the account. “Contract” means the terms and conditions outlined in this contract. “Account” means the credit 
card account we open for you to use to access the credit we extend to you. “Credit limit” means the maximum account balance 
you can have at any time.

1.  Your Responsibility for the Account: You are responsible for the balance on the account and you agree to pay 
the balance under the terms of this contract. You need to sign the back of the card. You need to protect and control 
the card by not letting any other person use it. If you let another person use it, you agree to be responsible for any 
charges they make. We may let you add an authorized user to your account. An authorized user is any person you 
give permission to use the card or your account. If you add an authorized user, you agree to pay for any charges they 
make as well as any related fees or interest. If you do not pay for the charges made by the authorized user, we may 
choose to collect directly from them. If you want to remove an authorized user from your account, you need to get the 
card from them and notify us. If you cannot get the card, contact us immediately and we will close the account to try to 
stop further charges. The cards remain our property and you agree to return them at our request or we have the right 
to have a merchant keep the card and return it to us. If your card is lost or stolen or you suspect unauthorized use of 
your account, you agree to notify us immediately.

2.  Using your Account to Obtain Credit: You can use the card and your account to make charges as long as you do not 
charge more than your credit limit. We can close or suspend the account at any time for any reason including if the activity on 
your account appears suspicious, if we are concerned about repayment or if the balance is over the credit limit. We can also 
limit the number or amount of charges you can make on the account. You may be assigned a PIN (Personal Identification 
Number) or you may request a PIN to use at ATM’s to obtain cash advances. The minimum cash advance is $20.00. Your 
card and account cannot be used for illegal charges.You may not use your Card in connection with any gambling transaction. 

3.  Your Credit Limit: The credit limit is included in the information sent with your card and on your statements. You may 
not go over your credit limit at any time. If your balance is more than your credit limit, you must pay the amount over 
your credit limit immediately. Your cash advance limit will be 50% of your total credit limit.  You may not use your Card 
in connection with any gambling transaction.  

4.  Monthly Billing Statements: We will send you a statement every month with the account activity, fees and interest. It 

will also show your minimum payment and payment due date.

5.  Rewards Program Information: You will earn $1 in rewards for every $100 in net purchases made on your account. 
Net purchases are purchases made during the billing cycle minus returns and disputed purchases. Rewards earned 
during a billing cycle will be awarded when that cycle’s billing statement prints. Rewards can be redeemed one billing 
cycle after awarded. There is no limit on the amount of rewards you can earn. You will not earn rewards on cash 
advances, fees or interest charges. Rewards cannot be redeemed until your account has been open 90 days. When 
you    have  been  awarded  $25  or  more  in  rewards,  you  can  redeem  your  rewards  by  calling  the  customer  service 
telephone number on your statement. Rewards must be redeemed in $25 increments. Redeemed rewards will post 
as a payment to your account. You may also have to make a separate payment to meet the required minimum due 
on that billing statement. If redeemed rewards create a credit balance on your account, you may request a refund 
check or the credit balance may be automatically refunded to you. The rewards balance will appear on your monthly 
billing statement. Rewards will expire after 5 years. Rewards are forfeited if the account is suspended or closed for 
any reason.  

 6.  Payments: Payments should be sent to the address on the payment coupon with your billing statement. If you send a 
payment to any other address, there may be a delay in crediting it to your account. We do not lose any of our rights to 
collect the full balance if we accept late payments, partial payments or checks or money orders marked “payment in full” 
or similar language. Do not send us postdated checks. If you do, we may deposit these checks when we receive them 
and will not be liable for any fees that may result. We will post payments when received but we may restrict your ability to 
make new charges against that payment amount for up to thirty (30) days. If your payment is returned unpaid from your 
bank, we may re-present it electronically. If this occurs, your check will not be sent to your bank but they can get a copy 
of it at your request. 

7.  Minimum Payment and Monthly Payment: You may pay your entire balance at any time without penalty. You must pay 
at least the minimum payment each month by the payment due date. The payment due date will be at least twenty-five 
(25) days from the closing date. The closing date is the last day of the billing cycle.
Monthly Payment: If your balance is less than $30, the monthly payment is the balance. If your balance is greater than 
$30, your monthly payment is the largest amount of either $30 or 4% of your balance or 1% of the balance plus the 
current late fee and interest. 
Minimum  Payment: The  minimum  payment  is  the  sum  of  any  past  due  monthly  payments  plus  the  current  monthly 
payment plus any amount over your credit limit.

8.  Applying Your Payments: In general, the payment will be applied in the following order: unpaid interest, unpaid fees 
and other charges, and then principal balance. Payments applied to the principal balance will first be paid to balances at 
the highest annual percentage rate (APR) and then to balances at lower APRs.

9.  Payment Methods: All payments must be made in U.S. dollars and drawn on a financial institution located in the United 

States. Do not send cash through the mail. 

10.  When Interest is Charged: Interest will be charged if you did not pay the previous balance in full by the payment due 
date. We will charge interest on the average daily balance. Average daily balance starts with the previous balance and 
adds purchases and cash advances as of their post dates and fees and charges as of the transaction dates. We subtract 
payments and credits as of their post dates. Then we add the daily balances and divide by the number of days in the billing 
cycle. Billing cycle means the time between two billing statements. To calculate the interest on purchases, we multiply 
the average daily balance by the monthly periodic rate. The monthly periodic rate is calculated by dividing the annual 
percentage rate by 12 months.  For purchases, the current Annual Percentage Rate is 15.90% (Prime Rate plus 11.65%) 
with a 1.3250% current monthly periodic rate.  For cash advances, the current Annual Percentage Rate is 24.90% (Prime 
Rate plus 20.65%) with a 2.0750% periodic rate.  If you are charged interest, the charge will be no less than $1.00.   
Variable Rate APR: The Prime Rate is determined by using the “Money Rates” column in the Wall Street Journal on 
the first business day of each month, which is identified as “The base rate on corporate loans at large, U.S. money 
center commercial banks.” If more than one “Prime Rate” is listed in that column, the largest rate listed will be used. 
Your APR may increase or decrease if the Prime Rate changes.

11. Account Fees: You agree to pay us the following fees which will be billed to your account as a purchase and will accrue 

interest: 
a. Cash Advance Fee: You will be billed a fee of $10 or 4%of the amount of each cash advance, whichever is greater, 
    for each cash advance taken through an ATM, bank withdrawal or other means. 
b. Late Fee: You will be billed up to $25 if your payment is not received by the payment due date.
c. Returned Payment Fee: You will be billed up to $25 if your payment is returned for any reason. 
d. Foreign Transaction Fee: We charge a 2% fee for converting transactions to U.S. dollars if made in another currency. 

12.  Lost or Stolen Cards: If your card is lost, stolen or being used without your permission, call us toll free (866) 643-1256, 
24 hours a day. You should also write to us. Do not use the card or account after you have notified us. You will not be 
responsible for paying for any unauthorized use after you notify us of the loss, theft or unauthorized use. 

13.  If Card is Refused: We are not responsible and have no liability if your card or account is not accepted for a charge. 
Although you may have the credit available, we may be unable to authorize credit due to system difficulties or mistakes. 
If your account is over the credit limit or past due, authorization for charges should be declined. 

14.  Cardholder Privacy: We will send you a privacy notice annually. Your telephone calls with our representatives may be 
recorded for quality and other purposes. We may use automated telephone equipment or pre-recorded telephone calls to 
contact you at any number you provide to us or that we obtain, including any cellular telephone number. You agree that 
we will not be responsible for the release of information to anyone who has gained possession of a card or identification 
number, credit account number or social security number. 

15.  Calls and Text Messages to Your Cellular Phone: If you provide us with your cellular phone number or contact us from 
your cellular phone, you are providing this phone number for us, our affiliates or any third party acting on our behalf to 
contact you at this number. You agree that we may use this phone number to contact you for any business purpose about 
your account and you agree to be responsible for any fees or charges you incur as a result of providing this information. 
You may request this number not be used. We may offer options for text messages or other electronic communications 
that  may  be  received  or  accessed  from  your  cellular  phone  and  you  agree  that  by  enrolling  in  these  services,  you 
understand and agree to be responsible for any fees or charges you incur as a result of this enrollment.

16.  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 National Credit Card, PO Box 5097, Sioux Falls, SD 57117-5097. In your letter, give us the following information: 
Your name and account number; the dollar amount of the suspected error; a description of the 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; and, 2) If you have enrolled in automatic payment, at least 3 
business days before the 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.
When we receive your letter, we must do two things: 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. Within 90 days of receiving your letter, 
we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error: We cannot try to collect the amount in question or 
report you as delinquent on that amount. The charge in question may remain on your statement and we may continue 
to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the 
remainder of your balance. We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay 
the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake: 
You will have to pay the amount in question along with applicable interest and fees. We will send you a statement of 
the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount 

 
 
we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days 
telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are 
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let 
those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you 
do not have to pay the first $50 of the amount you question even if your bill is correct.
Your rights if you are dissatisfied with your credit card purchases: If you are dissatisfied with the goods or services 
that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, 
you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must 
be true: 1) The purchase must have been made in your home state or within 100 miles of your current mailing address, 
and the purchase price must have been more than $50. These limitations do not apply if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods or services. 2) You must have used 
your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your 
credit card account do not qualify. 3) You must not yet have fully paid for the purchase. If all of the criteria above are met 
and you are still dissatisfied with the purchase, contact us in writing at: First National Credit Card, PO Box 5097, Sioux 
Falls, SD 57117-5097. 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.

17.  ARBITRATION:  PLEASE  READ  THIS  CAREFULLY.   YOU AGREE  THAT ANY  DISPUTE  WILL  BE  RESOLVED 
BY  BINDING  ARBITRATION.    ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT,  INCLUDING  THE 
RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.  IN 
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.  ARBITRATION 
PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.  YOU ALSO AGREE ANY 
ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE PART OF A 
CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.

Agreement to Arbitrate: You and we agree that any dispute will be resolved by arbitration.  This agreement is 
governed by the Federal Arbitration Act (FAA), 9 USCS § 1 et seq. and the substantive law of the state of South 
Dakota.
Definitions: Arbitration is a means of having an independent  third party resolve a dispute.  A “dispute” is any 
controversy or claim between you and us.  The term dispute is to be given its broadest possible meaning and 
includes, without limitation, all claims or demands (whether past, present or future, including events that occurred 
prior  to  the  opening  of  this  account),  based  on  any  legal  or  equitable  theory  (tort,  contract  or  otherwise),  and 
regardless of the type of relief sought (i.e. money, injunctive relief or declaratory relief).  A dispute includes, by 
way  of  example  and  without  limitation,  any  claim  based  upon  federal  or  state  constitution,  statute,  ordinance, 
regulation,  or  common  law,  and  any  issue  concerning  the  validity,  enforceability  or  scope  of  this  arbitration 
agreement.  The term “you” includes any authorized user and also your heirs, guardian, personal representative 
or trustee in bankruptcy.  The term “us” includes our employees, officers, directors, attorneys, affiliated companies, 
predecessors and assigns, as well as our marketing, servicing and collection representatives and agents.
Selection of arbitrator:  If a dispute arises, the party asserting the claim or defense must initiate arbitration, provided 
you or we may first try to resolve the matter informally or through customary business methods, including collection 
activity. The party filing arbitration may initiate and pursue the matter with the American Arbitration Association 
(“AAA”) or JAMS, The Resolution Experts or we may agree upon a different arbitrator described below. If you claim 
you have a dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies 
of the current rules of arbitration and forms and instructions for initiating arbitration by contacting them as follows:   
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, 

   Website: www.adr.org or JAMS, The Resolution Experts, 1920 Main Street, Suite 300, Irvine, CA 92614, Website: 
www.jamsadr.com, Phone: (949) 224-1810 or (800) 352-5267. The policies and procedures of the arbitrator will 
apply  provided  that  they  are  consistent  with  this  arbitration  agreement.    To  the  extent  the  arbitrator’s  rules  or 
procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement shall 
apply.  If  either  of  the  arbitration  firms  are  not  available  to  adjudicate  the  matter,  or  if  the  neither  is  convenient 
or acceptable to you, you and we may agree on one or more neutral arbitrators. If you and we cannot agree on 
arbitrator(s), an arbitrator will be appointed by a court with jurisdiction over the matter pursuant to the FAA.
Cost  of Arbitration:  We  will  pay  the  filing  fee  and  any  costs  or  fees  charged  by  the  arbitrator  regardless  of 
whether you or we initiate the arbitration.  Except where otherwise provided by applicable law, each party will be 
responsible for its own attorneys’ fees and other expenses.  Unless prohibited by law, the arbitrator may award 
fees, costs and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Place of Arbitration: Unless you and we agree to a different location, the arbitration will be held in the same city 
as the U.S. District Court closest to your then-current mailing address. The arbitrator may decide the matter based 
upon written submissions by the parties if permitted under the arbitration rules. 

   Waiver of Rights: You are waiving your right to a jury trial, to have a court decide your dispute, to participate 
in  a  class  action  lawsuit  and  to  certain  discovery  and  other  procedures  that  are  available  in  a  lawsuit.    The 
arbitrator  has  the  ability  to  award  all  remedies  available  by  statute,  at  law  or  in  equity  to  the  prevailing  party.  
You and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted 
to  resolving  the  individual  disputes  between  you  and  us.    If  an  arbitration  firm  or  arbitrator  fails  or  refuses  to 
enforce  the  waiver  of  class-wide  arbitration,  then  the  dispute  will  proceed  in  court.  The  validity,  effect  and 
enforceability  of  this  waiver  of  class  action  lawsuit  and  class-wide  arbitration  is  to  be  determined  solely  by  a 
court of competent jurisdiction  and not by the arbitration firm or arbitrator. If such court refuses to enforce the 
class-wide arbitration waiver, then it is agreed the dispute will proceed in court rather than arbitration. 
Review of Arbitration Award: The arbitrator shall apply applicable federal and South Dakota substantive law and 
the terms of your agreement with us.  The arbitrator shall make written findings and the arbitrator’s award may be 
filed with any court having jurisdiction.  The arbitration award shall be supported by substantial evidence and must 
be consistent with your agreement with us and applicable law or may be set aside by a court upon judicial review. 

  
  
  
  
  
 
 
   Other  Provisions:  If  any  portion  of  this  arbitration  agreement  is  subsequently  deemed  unenforceable,  the 
enforceability of any other provision of this arbitration agreement shall not be affected and the unenforceable term 
shall be amended such that it is enforceable to the maximum extent permitted by law provided that if a class action 
litigation or a class-wide arbitration is permitted for any reason, either party may require that the entire dispute be 
heard by a Judge, sitting without a jury, under applicable court rules and procedures.  This arbitration provision 
shall survive: (i) termination or changes in your agreement with us, your card account, or the relationship between 
you and us concerning your card account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment 
of the card account, or any amounts owed on the card account, to any other person or entity.
Right to Opt-Out: If you do not wish to agree to arbitrate all disputes with us, you must advise us in writing at the 
following address within thirty (30) days of our mailing this agreement to you at the most recent mailing address 
we have for you: First National Credit Card, PO Box 5097, Sioux Falls, SD  57117-5097.

18.  Delay in Enforcement: We can delay enforcing or fail to enforce any of our rights under this contract without losing our 

right to enforce them at a later time. 

19.  Credit Reports: You authorize us to obtain credit reports about you for any legitimate business purpose. We may obtain 
a credit report for reviewing, modifying the terms, renewing the account or collecting on the account. We may report 
information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account 
may be reflected in your credit report. You and each authorized user agree that we may report account information to 
credit reporting agencies in the names of both you and the authorized user.

20.  Change in Terms of Your Credit Account: We may change any term of this contract at any time upon notice to you as 
is required by law. You may have the right to reject the change in terms, depending on the type of change, and if you do, 
your account will be closed and you will be able to pay off the balance under the terms in effect at that time.

21.  Law Governing this Contract: This contract is entered into the state of South Dakota where the decision to grant credit 
will be made. Therefore, this contract will be governed by the laws of the state of South Dakota applicable to contracts, 
and applicable federal law.

22.  Severability: If any provision of this contract is invalid or unenforceable under any law, rule or regulation, it shall not 

affect the validity or enforceability of any other provision of this contract.

23.  Default: You will be in default of this contract if any of the following occur:

If you do not make a minimum payment on your account on or before the payment due date;
If you die or become legally incompetent;
If you become insolvent or bankrupt;
If you exceed or attempt to exceed your credit limit;
If you provide us with or have provided us with false or misleading information or signatures at any time;
If you fail to comply with this contract;
If you request an excessive number of replacement cards; or

a. 
b. 
c. 
d. 
e. 
f. 
g. 
h.  We reasonably deem the prospect of repayment of your account to be in jeopardy for any reason.

If you are in default, we may immediately cancel your account and we do not have to give you notice of cancellation. We 
can also require that you pay us the balance on your account.  You agree that you will return the card(s) to us. Even if 
an account is in default, you agree to pay interest and fees as defined in this contract until your balance is paid in full. 
If your account is in default and you try to make charges, we can use any legal means to recover the card(s) including 
listing your account in warning bulletins and offering rewards for the return of the cards. If you resolve a default situation, 
we can still declare your account in default for the same or different reason at a later time. 

24.  Cancellation:  You  may  cancel  your  account  at  any  time  by  notifying  us  in  writing  at  the  address  on  your  monthly 
statement and returning all cards issued on your account (cut in half). Even if your account is closed, you agree to pay 
the balance on the account under the terms of this contract. We can suspend your account privileges or cancel your 
account at any time, for any reason. We will notify you after we do so, unless you are in default at that time. We will have 
no obligation to notify you prior to suspending your charging privileges or cancelling your account. 

25.  Our property: Each card that we issue on your account must be signed by the person named on it.  You agree to 

surrender the card upon demand by us or our agents.

26.   Refund of Initial Fees:  If you cancel your account within 90 days after the card is first mailed to you and if you have 
not used your account for any charges, all fees and interest billed to your account will be credited back to your account.

27.  Collection Costs: Unless prohibited by applicable law, if we start collection proceedings to recover amounts you owe 

us by reason of this contract, you agree to pay reasonable attorney’s fees and other collection costs.

28.  Headings: The headings used in this contract are for the convenience of reference only and are not intended in any way 

to define or describe the scope or intent of any provision of this contract.

  
29.  State Notices:

a.  California Residents: A married applicant may apply for a separate account. As required by law, you are hereby 
notified that negative credit reporting may be submitted to a credit reporting agency if you fail to fulfill the terms of 
your credit obligations. After credit approval, each applicant shall have the right to use the account up to the limit 
of the account. Each applicant may be liable for amounts extended under the plan to any joint applicant.
b.  Kentucky Residents: You may pay the unpaid balance of your account in whole or in part at any time.
c.  Maine  Residents:  Payment  Protection  provided  herein  is  voluntary  and  you  have  the  right  to  cancel  such 

protection at any time.

d.  New York Residents: Consumer reports may be requested in connection with the processing of the application 
and any resulting account. Upon your request, we will inform you of the names and addresses of any consumer 
reporting  agencies  which  have  provided  us  with  such  reports.  New York  residents  may  contact  the  New York 
Department of Financial Services to obtain a comparative list of credit card rates, fees and grace periods. New 
York Department of Financial Services 1-800-342-3736 or http://www.dfs.ny.gov/consumer/creditdebt.htm.

e.  Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to 
all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual 
upon request. The Ohio Civil Rights Commission administers compliance with this law.