Genesis Credit®
Account Agreement

Dear Accountholder:
This Account Agreement, along with your Application, Account Opening
Disclosures and the written materials containing the terms of our
agreement with you described in the next paragraph (collectively, the
“Agreement”), is your contract concerning the use of your Account. The
Agreement contains certain disclosures required by the Federal Truth in
Lending Act, along with important information about your Account. We
encourage you to read all of the Agreement and keep it for your records.
Please feel free to call us with any questions you may have. We look
forward to serving you.

ACCOUNT AGREEMENT

This Agreement contains the terms that govern the use of your Genesis Credit Account 
and outlines both your responsibilities and ours. Please read it in its entirety and keep it 
for your reference. In addition, any written application, acceptance certificate or other 
request you signed or otherwise submitted for this Account (the “Application”), and your 
signature (including any electronic or digital signature) on any Application, sales slip or 
other evidence of indebtedness on your Account, are hereby incorporated into and made 
apart of this Agreement. This Agreement begins on the earlier of (i) the date you sign or 
otherwise submit an Application that is approved by us, or (ii) the first date that we extend 
credit to you on your Account, as evidenced by a signed sales slip or other evidence of 
indebtedness.

Definitions
To simplify this Agreement for you, the definitions listed below will apply throughout, both 
in this Agreement and in your monthly statements. In addition, the words  you, your, and 
yours refer to the Accountholder(s) who holds the Account Number and is responsible for 
the Account, each of whom is individually and jointly obligated under this Agreement. The 
words we, us, and our refer to Mid America Bank & Trust Company, Dixon, Missouri.

Account: The Genesis Credit Account for which you were issued an Account Number 
and that is subject to all of the terms and conditions of this Agreement.

Account Number: The Account Number issued by us that you may use to make 
Purchases from Retailer. Use of your Account Number to obtain credit will be considered 
a use of the Account.

Accountholder: The person to whom an Account Number is issued, or who has agreed 
to pay obligations arising from an Account Number issued to another person.

Billing Cycle: The time interval covered by a monthly statement. Each Billing Cycle is 
approximately 30 days in length.

Card: Any Genesis Credit branded Card issued by us that you may use to purchase 
goods or services from Retailer. Use of your Card to obtain credit will be considered use 
of the Account.

Closing Date:  The date of the last day of a Billing Cycle.

Credit Limit: The maximum amount of credit available to you on your Account. Your 
Account Credit Limit will be disclosed to you on the monthly statements.

New Balance: The total outstanding Account balance on the Closing Date specified in 
your monthly statement.

Previous Balance: The balance of your Account at the beginning of a Billing Cycle. This 
will be the same as the “New Balance” shown on the previous monthly statement.

Purchase: An extension of credit to your Account for the purpose of purchasing goods or 
services from Retailer.

Purchase Balance: The total outstanding balance of Purchases and interest charges, 
excluding amounts included in the Regular Balance.

Regular Balance: The total outstanding balance of all amounts other than Purchases 
and interest charges, but includes interest charge amounts that would have accrued 
during a deferred interest promotion period and are added to the Account because a 
deferred interest promotion balance was not paid in full when the deferred interest 
promotion period ended, and any subsequent
interest charges accrued on such 
amounts.

Retailer:  Any participating Mor Furniture for Less locations located in the U.S.

USING YOUR ACCOUNT

Purchases

You may use your Account to purchase goods or services from Retailer. You promise to 
pay us and are liable for all amounts resulting from the authorized use of your Account 
Number or Account, plus any applicable interest charges and other applicable charges or 
fees, payable in U.S. dollars.

Your Credit Limit

You may not use your Account in any way that would cause you to go over your Credit 
Limit. We may refuse to authorize or accept any transaction on your Account that would 
cause you to exceed your Credit Limit or if your Account
is delinquent. We may 
temporarily agree to allow you to exceed your Credit Limit; however, in that case, you 
must
this Agreement. Any 
transactions honored in excess of your Credit Limit will not result in an increase of your 
Credit Limit.

repay the excess amount according to the terms of

MAKING PAYMENTS

Monthly Statements
We will send a statement at the end of each monthly Billing Cycle if there is a debit or 
credit balance on your account of $1 or more, a balance on which an interest charge has 
been imposed or as otherwise required by applicable law. You agree to pay us, or any 
party to whom we may transfer and assign your Account or the amounts owing under 
your Account, in U.S. dollars according to all terms and conditions of this Agreement. 
Payments made by a check, money order or other negotiable instrument must be in a 
form acceptable to us and drawn on a U.S. financial institution.

Monthly Minimum Payment

Each Purchase transaction will have a fixed payment amount determined based on the 
following schedule:

Purchase Transaction
Amount

Fixed Payment
Amount

Up to $500
$500.01 to $1000
$1000.01 to $1500
$1500.01 to $2000
$2000.01 to $2500
$2500.01 to $3000
$3000.01 to $3500
$3500.01 to $4000
$4000.01 to $4500
$4500.01 to $5000

$25
$50
$75
$100
$125
$150
$175
$200
$225
$250

Your monthly minimum payment due will be the greater of:

1.

2.

$15; or

the sum of:

i.

ii.

the sum of the fixed payment amounts applicable to each of your 
Purchase transactions, and

5% of your Regular Balance.

Your monthly minimum payment due also will
include any past due amount or any 
amount by which the New Balance exceeds your Credit Line, whichever of these two is 
greater. Your monthly minimum payment due will never exceed your New Balance.

If you elect not to pay your New Balance in full, you must pay at least the monthly 
minimum payment due by the payment due date shown on your monthly statement, 
which is at least 25 days after the Closing Date of the Billing Cycle.

Payments should be mailed with the payment coupon and in the envelope provided and 
following the other instructions on the monthly statement to Bankcard Services, P.O. Box 
84049, Columbus, Georgia 31908-4049. Any payment received in that form and at that 
address on or before 5:00 P.M. Eastern Time on a normal banking day will be credited to 
your Account that day. If your payment is received in that form and at that address after 
5:00 P.M. Eastern Time on a normal banking day, or any time on a non-banking day, we 
will credit it to your Account the next banking day. Please allow at least seven (7) 
business days for postal delivery. Payments received by us at any other location or in any 
other form may not be credited as of the day we receive them. If we accept a payment at 
some other place, we may delay the crediting of the payment for up to five (5) days. This 
interest charges, and may 
may cause you to incur Late Payment Fees and additional
result in your Account being declared in default.

When you provide a check as payment, you authorize us either to use information from 
your check to make a one-time electronic fund transfer from your account or to process 
the payment as a check transaction. When we use information from your check to make 
an electronic fund transfer, funds may be withdrawn from your account as soon as the 
same day we receive your payment and you will not receive your check back from your 
financial institution.

At any time, you may pay part or all of the full amount you owe without incurring any 
additional charge for prepayment. The amount of any payment that exceeds your total 
New Balance will be applied as a credit to your Account, and any remaining credit 
balance will be refunded as required by law.

Credit availability may be delayed at our sole discretion to ensure payment in good funds, 
and your total Credit Line may not reflect your payments for up to 14 days.

Application of Payments

For each Billing Cycle, payments up to the amount of your monthly minimum payment 
due will be allocated to charges and principal due (including new transactions) in any 
way we determine. We will generally apply payments up to the amount of your monthly 
minimum payment due in a manner most favorable or convenient for us.

For each Billing Cycle, to the extent your payments exceed the amount of your monthly 
minimum payment, we will apply these excess amounts in the order required by 
applicable law. However, during the last two Billing Cycles in which a deferred interest 
promotion balance that is still subject to a promotion period remains outstanding, we will 
apply these excess amounts to the deferred interest promotion balance.

Security Interest

If we now, or in the future, hold any title, pledge or security interest in any of your 
property other than your principal residence, it may be that the terms of the instrument 
creating such title, pledge or security interest will also secure your obligations on this 
Account.

DEFERRED INTEREST PROMOTIONS

Each purchase on your account (“deferred interest promotion balance”) is subject to 6 
months of deferred interest.

A deferred interest promotion balance will not accrue any interest charges if you pay 
such balance in full by the end of the promotion period. The promotion period will end 
when one or more of the following events occur:

•
•
•

6 months from the purchase date;
your account becomes more than 180 day past due; or 
your account is charged off for any reason.

When the promotion period ends, if the deferred interest promotion balance is not paid in 
full, we will add an interest charge amount equal to the interest charges that would have 
accrued if no deferred interest promotion was in effect on the deferred interest promotion 
balance for all prior billing cycles.

Monthly minimum payments are required. The monthly statement we send to you each 
month will help you keep track of your deferred interest promotion balance(s) and their 
promotion period(s).

HOW INTEREST CHARGES ARE DETERMINED

Your Interest Rate

We use a daily periodic rate to calculate the interest on your account. The daily periodic 
rate is the applicable APR multiplied by 1/365. The daily periodic rate for your account is 
0.0764%and the applicable APR is 27.9%.

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When We Charge Interest

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We charge interest on your purchases from the date you make the purchase until you 
pay the purchase in full.

How We Calculate Interest

We calculate interest separately for each balance segment on your account. We do this 
by applying the daily periodic rate to your average daily balance (including new 
purchases), and then multiplying the resulting number by the number of days in the 
billing cycle for each balance segment. An average daily balance is calculated for the 
following balance segments as applicable: purchase balance segments and the regular 
balance segment.  We calculate interest for each balance segment as follows:

1.

2.

3.
4.

To get the average daily balance, we take the beginning balance of the 
balance segment each in the billing cycle, add any new purchases, debits, 
and subtract the applicable portion of any payments and credits. This gives 
us the daily balance. Credit protection premiums, late fees and returned 
payment fees are not included in the daily balance.  
Then, we add all the daily balances for the billing cycle together and divide 
the total by the number of days in the billing cycle. This gives us the average 
daily balance.
Then, we then multiply the daily periodic rate by the average daily balance.
Then, we then take the resulting number from #3 and multiply it by the 
number of days in the billing cycle.

This gives us the interest charge for the balance segment.

OTHER FEES

In addition to interest charges, other fees may be applied to your Account, as set forth 
below. The amounts of these fees may change from time to time during the term of your 
Account.

Late Payment Fee

If we do not receive your monthly minimum payment due by the Closing Date of the 
Billing Cycle in which the Payment Due Date occurs and the amount past due on your 
Account is more than $5, we will apply a Late Payment Fee to your Account. The Late 
Payment Fee is $25 if you were not charged a Late Payment Fee during any of the prior 
six billing periods. Otherwise, the Late Payment Fee is $35. The Late Payment Fee will 
never exceed the amount of your most recently required monthly minimum payment.

your Account. We (including any assignee of the Account or amounts owing under the 
Account) may also obtain information about you from credit reporting agencies or others 
at any time and use it for the purposes of monitoring your credit performance, managing 
your Account and considering you for new offers and programs.

Notice of Inaccurate Information

If you believe that we have information about you that is inaccurate or that we have 
is 
reported or may report
inaccurate, please notify us of the specific information that you believe is inaccurate by 
writing to us at Bankcard Services, P.O. Box 4499, Beaverton, OR 97076-4499.

to a credit reporting agency information about you that

Default and Collection

Unless prohibited by applicable law, your Account is considered to be in default if (1) you 
fail to make the required monthly minimum payment due on or before its payment due 
date, including if your payment is returned or cannot be processed and you do not correct 
that failure within 31 days, (2) you try to exceed or do exceed your Credit Line without 
permission and do not bring your Account back under your Credit Line within 31 days, (3) 
you become subject to bankruptcy or insolvency proceedings, (4) you become subject to 
(5) you give us any false information or 
attachment or garnishment proceedings,
signature, (6) you die, or (7) you fail to comply with any portion of this Agreement. Our 
accepting a late or partial payment does not waive default. Default on this Account will 
constitute default on all accounts you hold with us.

Subject to any notice of default and right to cure or other restrictions of applicable law, if 
you are in default, we may declare the entire balance due immediately. You agree to pay 
our reasonable costs and attorneys’ fees and expenses related to the collection of your 
Account to the extent permitted by applicable laws.

Change of Terms

Subject to the limitations of applicable law, we may, at any time, change or remove 
any of the terms and conditions of, or add new terms or conditions to, this 
Agreement. If required by applicable law, we will mail written notice of such a 
change to you in the manner required by such law. As of the effective date, the 
changed or new terms will apply to new Purchases and to the outstanding balance 
of your Account, subject to the limitations of applicable law.

Delay in Enforcement

Returned Payment Fee

We can delay enforcing our rights under this Agreement without losing them.

If any payment on your Account is returned to us unpaid for any reason, we will apply a 
Returned Payment Fee to your Account. The Returned Payment Fee is $25 if you were 
the prior six billing periods.  
not charged a Returned Payment Fee during any of
Otherwise, the Returned Payment Fee is $35. The Returned Payment Fee will never 
exceed the monthly minimum payment.

Documentation Fee

You may request a copy of a monthly statement previously sent
to you for a 
Documentation Fee of $3 per statement, which will be applied to your Account. Copies of 
sales tickets or other items posted to your Account may be obtained for a Documentation 
Fee of $10 per sales ticket or other item, which will be applied to your Account. 
Notwithstanding the foregoing, we will not impose any fee in connection with a good faith 
assertion of a billing error or other exercise of your Billing Rights (see below under “Your 
Billing Rights - Keep This Notice for Future Use”).

LOST ACCOUNT NUMBER AND UNAUTHORIZED USE

If your Account Number is lost or stolen or used without your consent, you may be liable 
for the unauthorized use of your Account, but you will not be liable for unauthorized use 
that occurs after you notify us orally or in writing of the loss, theft or possible unauthorized 
use at: Bankcard Services, P.O. Box 4477, Beaverton, OR 97076-4477, 1-888-260-4532. 
In any case, your liability will not exceed $50.

OUR RIGHTS, AND HOW THEY AFFECT YOU

Telephone Monitoring and Recording

You consent and agree that, from time to time, except as restricted by applicable law, we 
record telephone calls regarding your Account, suppress caller 
may monitor or
identification services and use an automated dialing and announcing system. If you 
provide us with a cellular phone number either as part of your Application, or at any time 
thereafter, including, without limitation, after your Account is in a default status, you are 
expressly consenting that we and our agents may (i) contact you at that number including 
by text message, and (ii) use automated telephone dialing systems to initiate such 
contacts and/or leave recorded messages.

We or our representatives may contact you from time to time regarding the Account, or to 
ask for additional information about you or your experience with us. You agree that such 
contacts are not unsolicited and may include contacts at your home or place of 
employment, during weekdays, weekends or holidays, on your mobile telephone, 
voicemail or answering machine, or by email, fax, recorded message, text message or 
personal visit.

Email

If you provide us at any time with an email contact for your Account, you agree we may 
use that email address to contact you about your Account and may send you information 
about products and services related to your Account. If, at any time, you would like to 
limit the types of communications you receive from us by email, please contact us at 
Bankcard Services, P.O. Box 4477, Beaverton, OR 97076-4477, 1-866-946-9575, or, if 
you receive an email from us, you can select the “unsubscribe” link that is located in 
every email.

Refunds

If Retailer agrees to give a refund, you will accept a credit on your Account instead of a 
cash refund.

No Waiver of Rights; Disputed Amounts

We can accept late or partial payments without losing any of our rights under this 
Agreement. You agree not to send us partial payments marked “paid in full,” 
“without recourse,” or similar language.
If you send such a payment, we may 
it without losing any of our rights under this Agreement. All written 
accept
communications concerning disputed amounts,
including any check or other 
payment instrument that indicated that the payment constitutes “payment in full” 
of the amount owed or that is tendered with other conditions or limitations or as 
full satisfaction of a disputed amount, must be mailed or delivered to Bankcard 
Services, P.O. Box 4499, Beaverton, OR 97076-4499.

Credit Reports and Information

You authorize us to make or have made any credit, employment, or other investigative 
inquiries we deem appropriate to extend you credit or collect amounts owed to us on 

OTHER PROVISIONS

Ownership and Use of Your Account

As the Accountholder(s), you are liable for all credit obtained under your Account. If you 
authorize another person to use your Account Number, you are liable for any credit 
obtained on your Account for as long as that person holds or uses the Account Number. 
Misuse of your Account by an authorized person will not be considered unauthorized 
use. See “Lost Account Numbers and Unauthorized Use” above. 

Transactions

You will
transaction receipt from Retailer.

retain for statement verification purchases your copy of each Purchase 

Refunds for Goods and Services

Refunds for goods and services are governed by Retailer . Any refunds for goods or 
services purchased from Retailer
through an extension of credit on your Account will be 
issued as a credit adjustment to your Account. When we are notified by Retailer of any 
refund amount, we will subtract an amount equal
from your 
Account. However,
the fixed minimum payment amount attributable to the related 
Purchase transaction amount will continue to be included in your monthly minimum 
payment. If a refund amount results in a credit balance on your Account, we will refund 
your credit balance.

to the refund amount

Transfer and Termination of Your Account

You may not transfer your Account to any other person. We may assign your Account or 
amounts owing under your Account to any other person at any time and the assignee will 
take our place under the Agreement with respect
to all agreements and interests 
transferred. You must pay the assignee and otherwise perform your obligations under the 
assigned agreements and interests. Either you or we may terminate or suspend your 
credit privileges at any time, with or without cause and with or without advance notice. 
However, you will remain liable for all charges until they are paid in full. You may cancel 
your Account at any time by writing to us at Bankcard Services, P.O. Box 4477, 
Beaverton, OR 97076-4477. If you have a joint Account and want to remove one of the 
names from the Account, we must receive a written request signed by both of the 
Accountholders on the Account. No party is released from the obligation for the balance 
owing on a joint Account, unless we agree to the arrangements in writing. You may have 
to re-apply for an individual Account when you request a change from a joint Account to 
an individual Account.

Additional Benefits and Services

From time to time, we may offer you benefits and services with your Account. These 
benefits and services may be provided by us or third parties. Unless expressly made a 
part of this Agreement, and except as provided in the Arbitration of Disputes section 
below, any such benefits and services are not a part of this Agreement, and are subject 
only to the terms and conditions outlined in the benefits or services brochure and other 
official documents provided to you with respect to the benefits and services. We may 
adjust, add, or delete benefits or services at any time in accordance with the brochures or 
documents you receive. Except as required by applicable law, we are not liable for 
benefits or services provided by third parties or the actions or omissions of those third 
parties.

Honoring Your Account

We are not liable for the failure or refusal of Retailer
to accept your Account Number.  
Although you may have credit available, we will not be liable for the failure to authorize 
credit due to operational difficulties or mistakes. Transactions made above a certain 
dollar amount may require authorization by us before the transaction can be approved. In 
addition, we may limit the number and amount of daily transactions approved for security 
reasons.

Change of Address, Employment and Telephone

We will send all written notices and statements to your address as it appears on our 
records. To avoid delays and missed payments that could affect your credit standing, you 
agree to promptly advise us if you change your mailing address, place of employment, or 
telephone number.

Severability

In the event

that any provision of

this Agreement

is determined to be invalid or 

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unenforceable for any reason, the remaining provisions will remain in effect.

and of no force and effect.

You may reject this provision, in which case only a court may be used to resolve any 
dispute or claim. Rejection will not affect any other aspect of the Account Agreement.  
To reject this Provision, you must sent us a notice within 60 days after you open your 
Account or we first provide you with a right to reject this Provision. This notice must 
include your name, address and Account number and be mailed to Bankcard Services, 
Attn: Arbitration Provision, P.O. Box 4477, Beaverton, Oregon 97076-4477. This is the 
only way you can reject this Provision.

YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit Billing 
Act.

What To Do If You Think You Find A Mistake On Your Statement

If you think there is an error on your statement, please write to us at:  Bankcard Services, 
P.O. Box 4499, Beaverton, OR 97076-4499.

In your letter, give us the following information:

Account information: Your name and Account Number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe 
what you believe is wrong and why you believe it is a mistake.

You must contact us:

• Within 60 days after the error appeared on your statement.
•

At least three (3) business days before an automated payment is scheduled, 
if you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do we are 
not required to investigate any potential errors, and you may have to pay the amount in 
question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received 

your letter. We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

• We cannot try to collect the amount in question, or report you as delinquent 

on that amount.
The charge in question may remain on your statement, and we may continue 
to charge you interest on that amount.

• While you do not have to pay the amount in question, you are responsible for 

the remainder of your balance.

• We can apply any unpaid amount against your Credit Line.

After we finish our investigation, one of two things will happen:

If we made a mistake: You will not have to pay the amount in question or any 
interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in 
question, along with applicable interest and fees. We will then send you a 
statement of the amount you owe and the date payment is due. We may 
then report you as delinquent if you do not pay the amount we think you 
owe.

•
•
•

•

•

•

If you receive our explanation but still believe your bill is wrong, you must write to us 
within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as 
delinquent without also reporting that you are questioning your bill. We must tell you the 
name of anyone to whom we reported you as delinquent, and we must
those 
organizations know when the matter has been settled between us.

let

If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question, even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Account Purchases

If you are dissatisfied with the goods or services that you have purchased with your 
Account, and you have tried in good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on the Purchase.

To use this right, all of the following must be true:

1.

2.

3.

The Purchase must have been made in your home state or within 100 miles 
of your current mailing address, and the purchase price must have been 
more than $50. (Note: Neither of these are necessary if your Purchase was 
based on an advertisement we mailed to you, or if we own the company that 
sold you the goods or services.)
You must have used your Account for the Purchase. Purchases made with 
cash advances from an ATM or with a check that accesses your Account do 
not qualify.
You must not yet have fully paid for the Purchase.

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact 
us in writing at: Bankcard Services, P.O. Box 4499, Beaverton, OR 97076-4499.

While we investigate, the same rules apply to the disputed amount as discussed above. 
After we finish our investigation, we will tell you our decision. At that point, if we think you 
owe an amount and you do not pay, we may report you as delinquent.

Your Genesis Credit Account is issued by:
Mid America Bank & Trust Company
216 West 2nd Street
Dixon, MO  65459

Entire Agreement; Interpretation

This Agreement (including the other documents incorporated herein by reference as 
discussed above) constitutes the final expression of the credit agreement between you 
and us relating to your Account. The headings used in this Agreement are for the 
convenience of reference only and are not intended to define or describe the scope or 
intent of any portion of the Agreement.

Governing Law

This Agreement is controlled and governed by the laws of the State of Missouri, 
including Missouri Revised Statutes (Chapter 408 Legal Tender and Interest) 
that such laws are inconsistent with 
Section 408.145, except
controlling federal laws.

to the extent

Arbitration of Disputes

PLEASE READ THIS ARBITRATION OF DISPUTES PROVISION CAREFULLY.  
UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS 
PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN 
YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS 
THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; 
(2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR 
PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL 
RIGHTS WILL BE LIMITED.
This provision replaces any existing arbitration 
provision with us and will stay in force no matter what happens to your Account, 
including the closing of your Account.

Except as expressly provided below, you and we must arbitrate individually, by 
binding arbitration under the Federal Arbitration Act (“FAA”), any dispute or claim 
between you, any joint cardholder and/or Authorized User, on the one hand, and 
us , our affiliates and agents, on the other hand, if the dispute or claim arises out 
of or is related to (a) this Agreement (including without limitation, any dispute over 
the validity of this Agreement to arbitrate disputes or of this entire Agreement), or 
(b) your Account, or (c) any relationship resulting from this Agreement, or (d) any 
insurance or other service related to your Account, or (e) any other agreement 
related to your Account (including prior agreements) or any such service, or (f) 
breach of this Agreement or any other such agreement, whether based on statute, 
contract, tort or any other legal theory (any “Claim”). However, we will not require 
you to arbitrate: (1) any individual Claims in small claims court or your state’s 
equivalent court, so long as it remains an individual case in that court; or (2) any 
Claim by us that only involves our effort to collect money you owe us. However, if 
you respond to a collection lawsuit by claiming that we engaged in wrongdoing, 
we may require you to arbitrate.

USER

YOU AGREE NOT TO PARITICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE 
ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, 
YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY 
ACCOUNTHOLDER WHO IS NOT A JOINT ACCOUNTHOLDER WITH YOU OR AN 
“UNRELATED 
AUTHORIZED
ACCOUNTHOLDER”),
UNRELATED 
ACCOUNTHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF.  
CLAIMS BY YOU AND AN UNRELATED ACCOUNTHOLDER MAY NOT BE JOINED 
IN A SINGLE ARBITRATION. THE ARBITRATOR WILL NOT HAVE THE POWER TO 
CONSIDER SUCH CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL 
ACTIONS OR ANY SUCH CLAIMS YOU BRING ON BEHALF OF AN UNRELATED 
ACCOUNTHOLDER.

ACCOUNT

AGREE

YOUR

THAT

YOU

AND

(AN

NO

ON

Judgment on the arbitration award may be entered in any court having jurisdiction. Any 
dispute regarding whether a particular controversy is subject to arbitration will be decided 
by the arbitrator(s). If any part of the damages or other relief requested is not expressly 
stated as a dollar amount, the controversy will be a Claim that is subject to arbitration. 
You and we acknowledge and agree that
the transactions contemplated by this 
Agreement, and any controversy that may arise under or relate to this Agreement, your 
Account, or the services or other agreements described above, involve “commerce” as 
that term is defined and used in the FAA.

If you or we elect to arbitrate a claim, the electing party must notify the other party in 
writing. The notice can be given after the beginning of a lawsuit and can be given in 
papers filed in the lawsuit. Otherwise, your notice must be sent to Bankcard Services, 
Attn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076-4477, and our 
notice must be sent to the most recent address for you in our files. The arbitration will be 
administered by the American Arbitration Association (the “AAA”) under its rules in effect 
at the time arbitration is commenced that are applicable to the resolution of consumer 
disputes (the “Arbitration Rules”). We will tell you how to contact the AAA and how to get 
a copy of the Arbitration Rules without cost if you ask us in writing to do so. The 
Arbitration Rules permit you to request deferral or reduction of the administrative fees of 
arbitration if paying them would cause you a hardship. In addition, if you ask us in writing, 
we will consider your request to pay any or all of your costs of arbitration.

Each arbitrator shall be a licensed attorney who has been engaged in the private practice 
of law continuously during the ten years immediately preceding the arbitration or a retired 
judge of a court of general or appellate jurisdiction. The arbitration award shall award 
only such relief as a court of competent
jurisdiction could properly award under 
applicable law, including attorneys’ fees if allowed by applicable law or agreement, and 
may award to the prevailing party all pre- and post-award expenses of arbitration. All 
statutes of limitation, defenses, and attorney-client and other privileges that would apply 
in a court proceeding will apply in the arbitration. The filing of a demand for arbitration in 
accordance with the Arbitration Rules will be deemed the commencement of an action for 
purposes of any applicable statute of limitations. 

the rights or property of

This Agreement does not limit the right of you or us whether before, during or after the 
pendency of any arbitration proceeding, to exercise self-help remedies such as set-off or 
repossession and sale of collateral, or to obtain provisional or ancillary remedies or 
injunctive or other traditionally equitable relief (other than a stay of arbitration) necessary 
to protect
the party seeking relief pending the arbitrator’s 
determination of the merits of the Claim. The taking of any of the actions described in the 
preceding sentence by either party or the filing of a court action by a party shall not be 
deemed to be a waiver of the right to demand arbitration of any Claim asserted as a 
to arbitrate 
counterclaim or the like in response to any such action. This Agreement
disputes will survive the closing of your Account and the termination of your Agreement 
with us.

If any provision of this Section regarding arbitration of disputes shall be deemed to be 
unenforceable, the remainder of this Section shall be given full force and effect. However, 
if the provision precluding class, representative or private attorney general Claims in 
arbitration is deemed unenforceable, then this entire Arbitration Agreement shall be void 

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