CREDIT AGREEMENT for the FRY’S CREDIT ACCOUNT from FIRST ELECTRONIC BANK

IMPORTANT: FRY’S CREDIT ACCOUNT OPENING DISCLOSURES  The 
following information on interest rates, interest charges, and fees are 
accurate as of June 22, 2012. 

Interest Rates and Interest Charges

Annual Percentage Rate
 (APR) for Purchases

26.99%

The APR will vary with the market based on the Prime Rate.

Penalty APR and When
it Applies

29.99%

The Penalty Rate will vary with the market based on the Prime Rate.

This APR may be applied to your Account if you fail to make your
minimum payment due, as shown on your monthly billing 
statement, for 60 days.

If your APR is increased, the Penalty APR will apply until you
make six consecutive minimum payments when due,
beginning with the ﬁrst payment due following the date of the
increase.

How to Avoid Paying Interest 
on Purchases

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 due by the
due date each month.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $2

For Credit Card Tips from
the Federal Reserve Board

To learn more about factors to consider when applying for or
using a credit card, visit the Federal Reserve Board website at
http://www.federalreserve.gov/creditcard.

Fees

Penalty Fees:

   Late Payment

Up to $35.

  Returned Payment

Up to $25.

These fees vary by state. See your Agreement for the fee 
applicable to your Account.

How We Will Calculate Your Balance: We use a method called ‘average daily balance
(including new purchases).’ See your Account Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise
those rights is provided in your Account Agreement.

The Fry’s Credit Account is issued by First Electronic Bank, P.O. Box 760, Draper, UT 84020 (”Bank”).

Current Rate Schedule:
Standard APR: 
Standard Daily Periodic Rate: 
Penalty APR:  
Penalty Daily Periodic Rate: 

26.99% 
0.07395% 
29.99% 
0.08216% 

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 Rate 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 fees 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, by failing to make any Minimum Payment Due by 60 days from 
the  due  date  shown  on  your  billing  statement,  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 Fee. 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 $35.00 or 1% of balance 
plus billed interest charges plus any fees. If any plan balance shown on your 
statement is less than $35.00, 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 up to $35 (For Iowa Residents the late payment fee will be 
up to $15).
(b) Returned Payment Fee. We may add a fee of up to $25 (up to $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 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 

(h) Paper Statement Fee. We may add a fee of $1 if we mail a paper billing 

by our representative.

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.

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, 

(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 

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 

and arbitrator(s)’ fees.

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.

Credit Billing Act.

35. YOUR BILLING RIGHTS (KEEP THIS DOCUMENT FOR FUTURE USE). This 

notice  tells  you  about  your  rights  and  our  responsibilities  under  the  Fair 

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.

052903113 

  
 
 
 
 
 
 
 
IMPORTANT: FRY’S CREDIT ACCOUNT OPENING DISCLOSURES  The 

following information on interest rates, interest charges, and fees are 

Account, the Card must be signed to be used. The Card is the property of the 

be waived under the speciﬁc terms that will be provided at or prior to the time of 

Bank and must be returned to the Bank if the Bank so requests.

purchase under such Promotional Plan.

accurate as of June 22, 2012. 

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 Rate 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 

(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 fees 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, by failing to make any Minimum Payment Due by 60 days from 

the  due  date  shown  on  your  billing  statement,  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 Fee. 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 $35.00 or 1% of balance 

plus billed interest charges plus any fees. If any plan balance shown on your 

statement is less than $35.00, 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 up to $35 (For Iowa Residents the late payment fee will be 

up to $15).

(b) Returned Payment Fee. We may add a fee of up to $25 (up to $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 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.
052903113 

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