We  must  acknowledge  your  letter  within  30  days,  unless  we  have 
corrected  the  error  by  then. Within  90  days,  we  must  either  correct  the 
error or explain why we believe the bill was correct.

After  we  receive  your  letter,  we  cannot  try  to  collect  any  amount  you 
question,  or  report  you  as  delinquent.  We  can  continue  to  bill  you  for 
the  amount  you  question,  including  Interest  charges,  and  we  can  apply 
any unpaid amount against your credit limit. You do not have to pay any 
questioned amount while we are investigating, but you are still obligated to 
pay the parts of your bill that are not in question.

If we find that we made a mistake on your bill, you will not have to pay any 
Interest  charges  related  to  any  questioned  amount.  If  we  didn’t  make  a 
mistake, you may have to pay Interest charges, and you will have to make 
up any missed payments on the questioned amount. In either case, we will 
send you a statement of the amount you owe and the date that it is due.

If you fail to pay the amount that we think you owe, we may report you as 
delinquent. However, if our explanation does not satisfy you and you write 
to us within ten days telling us that you still refuse to pay, we must tell 
anyone we report you to that you have a question about your bill. And, we 
must tell you the name of anyone we reported you to. We must tell anyone 
we  report  you  to  that  the  matter  has  been  settled  between  us  when  it 
finally is.

If  we  don’t  follow  these  rules,  we  can’t  collect  the  first  $50.00  of  the 
questioned amount, even if your bill was correct.

Special Rule for Credit Card Purchases

If  you  have  a  problem  with  the  quality  of  property  or  services  that  you 
purchased with a 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  property  or  services.  There  are  two 
limitations on this right:

(a)   You must have made the Purchase in your home state or, if not within 
your home state, within 100 miles of your current mailing address; 
and

(b) 

The Purchase price must have been more than $50.00.

These limitations do not apply if we own or operate the merchant, or if we 
mailed you the advertisement for the property or services.

Applicable Law and Judicial Review. The arbitrator will apply 
applicable  federal  and  South  Dakota  substantive  law  and  the 
terms  of  this  Agreement.  The  arbitrator  must  apply  the  terms 
of  this  arbitration  agreement,  including  without  limitation  the 
waiver of class-wide arbitration. The arbitrator will make written 
findings  and  the  arbitrator’s  award  may  be  filed  with  any  court 
having  jurisdiction.  The  arbitration  award  will  be  supported  by 
substantial evidence and must be consistent with this Agreement 
and applicable law or may be set aside by a court upon judicial 
review.  Either  party  may  seek  judicial  review  of  the  arbitrator’s 
decision according to applicable law.

Small Claims Court.  All parties, including related third parties, 
shall retain the right to seek adjudication in a small claims court 
for  disputes  within  the  scope  of  such  court’s  jurisdiction.    Any 
dispute, which cannot be adjudicated within the jurisdiction of a 
small claims court, shall be resolved by binding arbitration.  

Other  Provisions.  This  arbitration  provision  will  survive:  (i) 
termination  or  changes  in  this  Agreement,  the  Card  or  the 
relationship  between  you  and  us  concerning  the  Card;  (ii)  the 
bankruptcy of any party; and (iii) any movement, sale or assignment 
of your Card, the Card Value or any amounts you owe to us, to any 
other person or entity.  If any portion of this arbitration agreement 
is subsequently deemed unenforceable, the enforceability of any 
other provision of this arbitration agreement shall not be affected 
and  the  unenforceable  term  shall  be  amended  such  that  it  is 
enforceable to the maximum extent permitted by law.

Right to Opt Out. If you do not wish your Card to be subject to this 
arbitration agreement, you must advise us in writing by contacting 
us at P.O. Box 6000, Brookings, SD 57006. Clearly print or type 
your name and Card number and state that you reject arbitration. 
You must give written notice, and it is not sufficient to telephone 
us. Send only your notice to reject arbitration; do not include the 
notice  with  other  correspondence  to  us.  We  must  receive  your 
letter at the above address within sixty (60) days after the date 
this Agreement was provided to you or your rejection of arbitration 
will not be effective.

17.  Venue  and  Jurisdiction.  You  consent  to  be  subject  to  the 
jurisdiction  and  venue  of  the  Circuit  Court  for  the Third  Judicial 
Circuit, State of South Dakota, and agree that such court shall be 
the sole and exclusive jurisdiction and venue of all court actions 
of disputes or claims arising from or relating to this Agreement or 
the Account relationship.

18.  Applicable Law. This Agreement is entered into in the State of 
South Dakota where the decision to grant credit is made and in 
which payments will be received. Therefore, this Agreement will be 
governed by the laws of the State of South Dakota without giving 
reference to its conflict of law provisions. If there is any conflict 
between any of the terms and conditions of this Agreement and 
applicable law, this Agreement will be considered changed to the 
extent necessary to comply with the law. The other provisions of 
the Agreement shall not be affected.

19.  Binding Effect. This Agreement is binding upon and enforceable 

against your heirs, legal representatives, or successors.

20.  Foreign  Currency  Transactions.  If  you  effect  an  international 
transaction  at  a  merchant  that  settles  in  a  currency  other  than 
U.S. dollars the rate used to determine the transaction amount for 

such transactions is generally either a government mandated rate 
or a wholesale rate determined by Visa® for the processing cycle 
in which the transaction is processed, and may be increased by an 
adjustment factor established from time to time by Visa®, The  rate 
used on the processing date may differ from the rate that would 
have been used on the purchase or cardholder statement posting. 

If you effect a transaction at a merchant that settles in a currency 
other than U.S. dollars, VISA® will convert the charge into a U.S. 
dollar  amount. Visa®  will  use  its  currency  conversion  rate  used 
to  determine  the  transaction  amount  in  U.S.  dollars  for  such 
transactions  is  generally  either  a  government  mandated  rate  or 
a  wholesale  rate  determined  by Visa®  for  the  processing  cycle 
in  which  the  adjustment  factor  established  from  time  to  time 
by Visa®. The  currency  conversion  rate  used  on  the  processing 
date may differ from the rate that would have been used on the 
purchase or cardholder statement posting date.

For each purchase transaction in a foreign currency that has been 
converted into a U.S. dollar amount by Visa, we may pass along 
the Foreign Transaction Fee in the amount provided to us by Visa.

21. 

Illegal Transactions. Your Card and Account may be used only 
for valid and lawful purposes. If you use, or allow someone else 
to use your Card and Account for any other purpose you will be 
responsible for such use and may be required to reimburse us for 
all amounts or expenses we pay as a result of such use.

YOUR BILLING RIGHTS 
KEEP THIS NOTICE FOR FUTURE USE

This  notice  contains  important  information  about  your  rights  and  our 
responsibilities under the Fair Credit Billing Act.

Notify Us In Case of Errors or Questions About Your Bill

If you think your bill is wrong, or if you need more information about a 
transaction on your bill, write us [on a separate sheet] at the address 
listed on your bill. Write to us as soon as possible. We must hear from 
you no later than 60 days after we sent you the first bill on which the 
error or problem appeared. You can telephone us, but doing so will not 
preserve your rights.

In your letter, give us the following information:

•	 Your name and account number.
•	 The dollar amount of the suspected error.
•	 Describe the error and explain, if you can, why you believe there 
is an error. If you need more information describe the item you 
are not sure about.

If you have authorized us to pay your credit card bill automatically from 
your  savings  or  checking  account,  you  can  stop  the  payment  on  any 
amount you think is wrong. To stop the payment your letter must reach 
us  three  business  days  before  the  automatic  payment  is  scheduled  
to occur.

Your Rights and Our Responsibilities After We Receive Your Written 
Notice

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

APR for Balance Transfers

13.9%
13.9%

APR for Cash Advances

13.9%

How to Avoid Paying 
Interest on Purchases

Minimum Interest Charge

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau

Your due date is at least 25 days 
after the close of each billing cycle.  
We will not charge you interest on 
purchases if you pay your entire 
balance by the due date each month.

If you are charged interest, the 
charge will be no less than $.50.

To learn more about factors to 
consider when applying for or using 
a credit card, visit the website of the 
Consumer Financial Protection Bureau 
at http://www.consumerfinance.
gov/learnmore.

Fees

Annual Fee

None

Transaction Fees
• Balance Transfer
• Foreign Transaction Fee   

• Cash Advance

Penalty Fees:
• Late Fee
• Returned Payment

Other Fees
• Account Handling Fee

• Statement Copy Fee
• Pay By Phone Fee
• Reinstatement Fee
• Rush Card Fee
•  Lost/Stolen Replacement 

Card Fee

None
Up to 1% of each transaction 
converted to U.S. dollars.
Either $5 or 3% of the amount of 
each cash advance, whichever is 
greater.

Up to $25
Up to $25

$25-If it is necessary to place 
restrictions on account
$2.50 per page
$5
$25
$30
$5

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called 
“average daily balance (including new purchases).”

Billing Rights: Information on your rights to dispute transactions and 
how to exercise those rights is provided in your account agreement

The  information  about  costs  of  the  card  described  in  this  application 
is accurate as of 8/15.  The information may have changed after this 
date.  To find out what may have changed, write us at: PO Box 6000, 
Brookings, SD  57006.

G16588

VISA® 
CARDHOLDER AGREEMENT

Please read this agreement carefully and save it for future reference. It 
contains  Regulation  Z  disclosures  and  your  rights  in  case  of  errors  or 
inquiries about your bill.

This  is  the Agreement  that  covers  your VISA®  Cardholder Account  with 
First Bank & Trust (“Account”). In this Agreement, the words “you” and 
“your”  refer  to  the  person  who  applied  for  the  Account  and  any  Joint 
Accountholder, if applicable. “We”, “us”, and “our” refer to First Bank & 
Trust, Brookings, South Dakota.  The word “Card” means your VISA® Card.

This Agreement is effective when you use the Card or the Account or if 
you fail to cut your Card in half and return it to us within 30 days after the 
date it is issued to you.

To avoid unauthorized use of your Card, please sign the back of your Card 
immediately.

1. 

Using Your Card. You may use your Card or Account to purchase or 
lease goods or services (“Purchases”) to obtain cash loans (“Cash 
Advances”) from any financial institution that accepts the Card. Any 
cash equivalents obtained with the Card will also be treated as Cash 
Advances. Cash equivalent transactions include but are not limited 
to wire transfers, money orders travelers cheques, tax payments, 
gold bullion purchase, and gaming transactions or services.  If you 
use your Card or Account, you agree to us paying the amount owed 
to each merchant or financial institution which honored your Card. 

If you give your Account number to make a purchase or obtain a 
Cash  Advance  without  presenting  your  Card  (such  as  for  a  mail 
order, telephone, or Internet purchase), the legal effect will be the 
same as if the Card itself was used by you.

If  we,  at  our  option,  give  you  a  Personal  Identification  Number 
(PIN), you may use your Card to obtain a Cash Advance from any 
Automated Teller Machine (ATM) that bears the VISA®, or PLUS® logo. 
All ATM transactions are treated under terms of this Agreement the 
same as Cash Advances. We have the right to restrict your access 
to  any  qualified  ATM  at  any  time.  You  should  not  keep  your  PIN 
with your Card. If you believe that anyone has gained unauthorized 
access to your PIN, you should advise us immediately, following the 
procedures under the heading “Lost or Stolen Card.”

Joint Account. If this is a Joint Account, each person (a) may obtain 
Purchases and Cash Advances (but the total of these cannot exceed 
the credit line); (b) will be responsible for paying all amounts owed; 
and (c) can close the Account.

Credit Line. Your credit line is shown on the folder containing your 
Card. Since we may change your credit line from time to time, your 
latest credit line will appear on your monthly billing statement. You 
agree not to make any Purchases or obtain any Cash Advances that 
would  cause  the  unpaid  balance  of  your Account  to  exceed  your 
credit line. We may honor Purchases and Cash Advances in excess 
of your credit line at our sole discretion. If we do this Agreement also 
applies to that excess and you agree to pay the excess immediately 
if  we  demand  that  you  do  so. You  agree  that  we  may  change  or 
cancel your credit line at any time without affecting your obligation 
to pay amounts that you owe under this Agreement.

2. 

3. 

 
4. 

5. 

6. 

7. 

Billing  Statements.  We  will  promptly  send  a  Monthly  Billing 
Statement at the end of each monthly billing cycle if your Account 
has a debit or credit balance greater than $1.00. The Monthly Billing 
Statement  will  show  the  Previous  Balance,  Purchases  and  Cash 
Advances posted during the billing period, any Interest Charges, and 
all payments, debits, and credits to your Account through the Billing 
Cycle Closing Date. It will also show, among other things, your New 
Balance,  the  Minimum  Payment  Due,  and  the  Payment  Due  Date 
(which will be at least 25 days after the Billing Cycle Closing Date).

Lost or Stolen Card. You may be liable for the unauthorized use of 
your Card. You will not be liable for unauthorized use that occurs 
after you notify us through our agent at 1-800-442-4757 orally of 
the  loss,  theft,  or  possible  unauthorized  use. You  may  also  notify 
us in writing of loss, theft, or possible unauthorized use at CARD 
SERVICES,  PO  Box  498181,  Cincinnati,  OH  45249-9860.  In  either 
case, your maximum liability is $50 for unauthorized charges to your 
Account made prior to receipt of your oral or written notification.

Promise  to  Pay.  By  applying  for  and  obtaining  credit  on  your 
Account, you agree jointly and severally, if more than one person 
applies  for  the  Account,  to  be  obligated  and  pay  for  all  credit 
obtained  on  your Account  by  you  or  any  person  you  authorize  to 
use your Card, as well as our Interest charges and any other fees 
imposed by us, as provided for in the Agreement. You agree to pay 
us only in U.S. Dollars drawn on U/S/ financial institutions.

Irregular  Payment  and  Delay  in  Enforcement,  Waivers  and 
Releases. We can accept late payments, partial payments, checks 
and  money  orders  marked  “paid  in  full”  or  language  having  the 
same effect without losing any of our rights under this Agreement. 
We can also delay enforcing our rights under this Agreement any 
number  of  times  without  losing  them  and  can  waive  or  delay 
enforcing  a  right  against  one  of  you  without  waiving  or  delaying 
it as to the other.  No waiver by us of any default shall be effective 
unless in writing nor operate as a waiver of any other future default. 
We can release any one of you in whole or in part without affecting 
your obligation under this Agreement.

8.  Minimum Payments. You may pay your New Balance each month, 
or  you  may  pay  in  monthly  installments.  If  you  decide  to  pay  in 
monthly installments, you must pay at least the Minimum Payment 
Due shown on your Monthly Billing Statement by the Payment Due 
Date.  The Minimum Amount Due will also include any amount past 
due and any amount by which your Account exceeds its credit limit. 
You may pay more than the Minimum Payment Due and may at any 
time pay your total balance due. We will apply payments to amounts 
owed on your Account based on applicable laws. 

If  your  New  Balance  is  greater  than  $15.00,  then  the  Minimum 
Payment  Due  will  be  the  greater  of  $15.00  or  3%  of  your  total 
outstanding  balance,  plus  late  fee  and  any  amount  that  is 
delinquent.  If the New Balance is less than $15.00 you pay only the 
New Balance.  When we calculate the Minimum Payment Due, it will 
be rounded to the next highest $5.00 increment.

Your  Account  is  not  in  good  standing  if  at  any  time  we  do  not 
receive at least the Minimum Payment Due by the 60th day after the 
Payment Due Date shown on the Monthly Billing Statement.      

9. 

INTEREST  CHARGES.  Your  Account  is  subject  to  the  following 
Interest charges, each of which will be charged to your Account as 
a Purchase:

Periodic  Interest  Charges.  An  INTEREST  CHARGE  is  imposed 
on  Purchases  beginning  on  the  date  the  Purchase  is  posted  to 
your  Account.  No  INTEREST  CHARGE  will  be  imposed  on  your 
Purchases if the Previous Balance shown on your Monthly Billing 
Statement  is  zero  and  you  pay  your  New  Balance  in  full  by  the 
Payment Due Date shown on your Monthly Billing Statement. An 
INTEREST CHARGE is imposed on Cash Advances beginning on 
the date they are obtained and continues until the balance of your 
Account  is  paid  in  full. There  is  no  time  in  which  you  can  pay 
the  balance  of  Cash  Advances  in  order  to  completely  avoid  an 
INTEREST CHARGE.

THE INTEREST CHARGE is determined by multiplying the Average 
Daily Balance for Purchases and for Cash Advances outstanding 
during  the  monthly  billing  cycle  by  the  monthly  Periodic  Rate. 
The monthly Periodic Rate for Purchases and Cash Advances is 
1.158%, which is equivalent to an ANNUAL PERCENTAGE RATE 
of 13.9%.

The Average Daily Balance is computed by taking the beginning 
balance  of  your Account  on  each  day  calculated  separately  for 
Purchases  and  Cash  Advances,  adding  new  Purchases  and 
Cash Advances  and  subtracting  any  payments  and  credits. Any 
resulting credit balance is treated as a zero ($0.00) balance. This 
gives  us  the  daily  balance.  The  daily  balances  are  then  added 
together and divided by the number of days in the billing cycle to 
get the Average Daily Balance.

Minimum  Interest  Charge.  The  minimum  Periodic  INTEREST 
CHARGE each billing cycle, based on the Periodic Rate, is $.50.

Cash Advance Fee. In addition to the INTEREST CHARGE on Cash 
Advances calculated by application of the Periodic Rate, there is 
an  INTEREST  CHARGE  of  3%  (minimum  $5.00),  whichever  is 
greater, for each Cash Advance posted to your Account that month.

Replacement Card Fee. If at any time you request a replacement 
credit  card  due  to  loss,  damage,  theft,  or  destruction  of  your 
current credit card, you may be charged a Replacement Card Fee 
of $5.00. No replacement Card will be allowed on the third lost or 
stolen Card. This fee is an INTEREST CHARGE.

10.  FEES. Your Account is subject to the following fees, each of which 

will be charged to your Account as a Purchase:

Pay By Phone Fee – Pay By Phone is an Optional Payment 
Service.  You may pay your account online or you may request 
to make your payment by phone using our optional telephone 
payment service.  Each time a representative of ours helps 
expedite your payment, you agree to pay us $5.00.  Our 
representatives are trained to tell you this amount if you decided 
to use this optional telephone payment service.

Rush Card Fee.  If you request a rush delivery of your Card, you 
may be charged $30.00.

Late Fee. If we do not receive a payment from you in at least the 
amount of your Minimum Payment Due by the Payment Due Date 
shown on any Monthly Billing Statement, you may be charged a 
Late Fee equal to the amount of the Minimum Payment Due up to 
a maximum of $25.00.

Returned Payment Fee. If you make a payment on your Account 
and your check or other payment instrument is not honored for 

any reason or cannot be processed, we may charge a Returned 
Payment Fee equal to the amount of the Minimum Payment Due 
up to a maximum of $25.00.  

 Account Handling Fee. If you are in default of this Agreement 
and it is necessary for us to place restrictions on your Account, 
you may be charged an Account Handling Fee of $25.00. If these 
restrictions cause your Card to be retained and returned to us, you 
agree to pay all charges associated with recovering your Card.

Reinstatement Fee. If we close your Account due to your default 
and we later reinstate your Account at your request, you may be a 
charged a Reinstatement Fee of $25.00.

Statement Copy Fee. If you request a copy of a Monthly Billing 
Statement, you may be charged a Statement Copy Fee of $2.50 
per page.

11.  Default/Collection Costs. Your Account will be in default and we 
may demand immediate payment of the entire amount you owe us 
without giving you prior notice, if: (a) your Minimum Payment Due 
is not received by the Payment Due Date; (b) you make Purchases 
or  obtain  Cash  Advances  in  excess  of  your  credit  line;  (c)  you 
become insolvent or are a party to a bankruptcy proceeding; (d) 
in  the  case  of  an Account  with  co-obligors  where  either  of  you 
request termination of the other; (e) you or a co-obligor dies; (f) 
you provide false information to us, misuse the Account or Card 
or violate any term of this Agreement; (g) any judgment or lien is 
filed  against  you;  or  (h)  we  reasonably  believe  that  your  ability 
to repay your obligations to us has been materially impaired. We 
shall also have the right to all remedies provided by law including, 
without  limitation,  closing  or  refusing  to  renew  your  Account 
and demanding return of your Card(s).  If we refer your Account 
for  collections  to  an  attorney  who  is  not  our  regularly  salaried 
employee, you agree to pay the reasonable fees of such attorney 
and,  whether  or  not  an  attorney  is  retained,  all  court  and  other 
collection costs (including and amounts actually incurred by us in 
recovering your Cards(s)). 

12.  Refusals  to  Honor  Card.  We  are  not  responsible  for  refusals 
to  honor  your  Card.  And,  except  as  otherwise  required  by  law 
or  regulations,  we  will  not  be  responsible  for  merchandise  or 
services purchased through use of your Card.

13.  Termination.  We  may  terminate  your  privileges  under  the 
Agreement or cancel or limit your privileges to make Purchases or 
obtain Cash Advances at any time, with or without cause, without 
notice or liability. If we ask, you must return your Card(s) to us, 
cut in half. You agree that you will not try to make any Purchases 
or obtain Cash Advances after you have been notified that your 
privileges  to  use  your  Account  have  been  cancelled.  You  may 
cancel  this  Agreement  by  returning  all  Cards  issued  on  your 
Account to us, cut in half. Your or our termination or cancellation 
will not affect your existing obligations under this Agreement.

14.  Notices. We will send statements and any other notices to you 
at the address shown in our files. IF this is a Joint Account, we 
can notify one of you and the notice will be effective for both of 
you. Similarly, one of you can notify us and we will consider it to 
be notice from both of you. You promise to inform us promptly in 
writing  of  any  change  in  your  address.  In  determining  your  last 
known address, we can accept address corrections received from 
the U.S. Postal Service.

15.  Changes  in  Agreement  Terms.  We  can  change  any  term  of 
this Agreement, including the rate at which or manner in which 
Interest charges are calculated, at any time upon such notice to 
you as is required by law. At our option, any change will apply both 
to  your  new  activity  and  to  your  outstanding  balance  when  the 
change is effective. If you do not wish to be subject to the change, 
you must notify us in writing within 25 days of the effective date 
of the change and close your Account. Use of the Card after the 
effective  date  of  the  change  is  deemed  acceptance  of  the  new 
terms.

16.  Arbitration.  PLEASE  READ  THIS  PROVISION  OF  THE 
AGREEMENT  CAREFULLY.  UNLESS  YOU  EXERCISE  THE  RIGHT 
TO  OPT-OUT  OF  ARBITRATION  IN  THE  MANNER  DESCRIBED 
BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY 
BINDING  ARBITRATION.  ARBITRATION  REPLACES  THE  RIGHT 
TO  GO  TO  COURT,  INCLUDING  THE  RIGHT  TO  HAVE  A  JURY, 
TO  ENGAGE  IN  DISCOVERY  (EXCEPT  AS  MAY  BE  PROVIDED 
IN  THE  ARBITRATION  RULES),  AND  TO  PARTICIPATE  IN  A 
CLASS  ACTION  OR  SIMILAR  PROCEEDING.  IN  ARBITRATION, 
A  DISPUTE  IS  RESOLVED  BY  AN  ARBITRATOR  INSTEAD  OF A 
JUDGE  OR  JURY.  ARBITRATION  PROCEDURES  ARE  SIMPLER 
AND  MORE  LIMITED  THAN  COURT  PROCEDURES.  YOU  ALSO 
AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE 
BETWEEN YOU AND US AND WILL NOT BE PART OF A CLASS-
WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.

Agreement  to  Arbitrate.  You  and  we  agree  that  any  Dispute, 
except  as  provided  below,  will  be  resolved  by  Arbitration.  This 
agreement  is  governed  by  the  Federal  Arbitration  Act  (FAA),  9 
U.S.C.S. § 1 et seq. and the substantive law of the State of South 
Dakota (without applying its choice-of-law rules).

Arbitration  Defined.  Arbitration  is  a  means  of  having  an 
independent  third  party  resolve  a  Dispute.  A  “Dispute”  is  any 
controversy  or  claim  between  you  and  us. The  term  Dispute  is 
to be given its broadest possible meaning and includes, without 
limitation, all claims or demands (whether past, present or future, 
including events that occurred prior to any Card being provided 
to you), based on any legal or equitable theory (tort, contract or 
otherwise), and regardless of the type of relief sought (i.e. money, 
injunctive relief, or declaratory relief). A Dispute includes, by way 
of example and without limitation, any claim based upon the debt 
moved to your Card, marketing or solicitations to open the Card, 
and the handling of your Card whether such Dispute is based on 
a  federal  or  state  constitution,  statute,  ordinance,  regulation,  or 
common  law,  and  including  any  issue  concerning  the  validity, 
enforceability or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms “you” and 
“your”  include  any  co-signor  or  Authorized  User  and  also  your 
heirs, guardian, personal representative, or trustee in bankruptcy. 
The terms “us,” “our,” and “we” include our employees, officers, 
directors,  attorneys,  affiliated  companies,  predecessors,  and 
assigns,  as  well  as  our  marketing,  servicing,  and  collection 
representatives and agents.

Choice  of  Arbitrator.  The  party  filing  arbitration  must  choose 
either of the following arbitration firms for initiating and pursuing 
arbitration:  the American Arbitration Association  or  the  National 
Arbitration Forum. If you claim you have a Dispute with us, but you 
do not initiate arbitration or select an arbitrator, we may do so. You 

may obtain copies of the current rules of each of the arbitration 
firms  and  forms  and  instructions  for  initiating  arbitration  by 
contacting them as follows:

American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017-4605
Website: www.adr.org

National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
Website: www.arbitration-forum.com

If neither arbitration firm listed in this agreement is available to 
resolve the Dispute, you and we may each select a local arbitrator.  
The local arbitrators selected by you and us shall then agree upon 
the selection of another arbitrator who will hear and resolve the 
Dispute.  The arbitrator selected to resolve the Dispute must be 
an attorney with at least ten (10) years’ experience, retired judge, 
or arbitrator registered and in good standing with an arbitration 
association  and  arbitrate  pursuant  to  such  arbitrator’s  rule 
applicable to consumer disputes.  Notwithstanding the foregoing, 
no party or local arbitrator may select an arbitrator who refuses to 
enforce an arbitration agreement containing a class-action waiver, 
because  you  and  we  have  in  this  arbitration  agreement  waived 
any right to arbitrate a Dispute on a class-action, representative-
action, or consolidated basis.

The policies and procedures of the selected arbitration firm will 
apply  provided  that  these  are  consistent  with  this  arbitration 
agreement. To the extent the arbitration firm’s rules or procedures 
are  different  than  the  terms  of  this  arbitration  agreement,  the 
terms of this agreement will apply.

Cost of Arbitration. We will pay the filing fee and any costs or fees 
charged by the arbitrator regardless of whether you or we initiate 
the  arbitration.  Except  where  otherwise  provided  by  applicable 
law,  each  party  will  be  responsible  for  its  own  attorneys’  fees 
and other expenses. Unless prohibited by law, the arbitrator may 
award fees, costs, and reasonable attorneys’ fees to the party who 
substantially prevails in the arbitration.

Place  of  Arbitration.  Unless  you  and  we  agree  to  a  different 
location, the arbitration will be held in the same city as the U.S. 
District Court closest to your then current mailing address.

Waiver  of  Rights.  You  are  waiving  your  right  to  a  jury  trial,  to 
have a court decide your Dispute, to participate in a class action 
lawsuit,  and  to  certain  discovery  and  other  procedures  that  are 
available in a lawsuit. The arbitrator has the ability to award all 
remedies available by statute, at law, or in equity to the prevailing 
party,  except  that  you  and  we  agree  that  the  arbitrator  has  no 
authority to conduct class-wide proceedings and will be restricted 
to  resolving  the  individual  disputes  between  you  and  us.  The 
validity,  effect,  and  enforceability  of  this  waiver  of  class  action 
lawsuit and class-wide arbitration are to be determined solely by 
a court of competent jurisdiction and not by the arbitration firm or 
arbitrator. If the court refuses to enforce the class-wide arbitration 
waiver,  or  if  an  arbitration  firm  or  arbitrator  fails  or  refuses  to 
enforce  the  waiver  of  class-wide  arbitration,  you  and  we  agree 
that  the  Dispute  will  proceed  in  court  and  will  be  decided  by  a 
judge,  sitting  without  a  jury,  under  applicable  court  rules  and 
procedures.