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  sub-
ject only to the terms and conditions outlined in
the benefits or services brochure and other offi-
cial  documents  provided  to  you  with  respect  to
the benefits and services. We may adjust, add,
or delete benefits or services at any time in ac-
cordance  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.
Foreign Currency Conversion.  Payment  must
be made in U.S. Dollars for charges you incur in
any other currency. If you effect a transaction with
your Card in a currency other than U.S. Dollars,
Mastercard  International  Incorporated  (“Master-
card”)  will convert the charge  into a  U.S. Dollar
amount.  Mastercard  will  act  in  accordance  with
its  operating  regulations  or  conversion  proce-
dures in effect at the time that the transaction is
processed.  Currently,  the  currency  conversion
rate used by Mastercard to determine the trans-
action  amount  in  U.S.  Dollars  for  such  transac-
tions is generally either a government mandated
rate  or  a  wholesale  rate  determined by  Master-
card for the processing cycle in which the trans-
action  is  processed.  The  currency  conversion
rate used by Mastercard on the processing date
may differ from the rate that would have been
used  on  the  Purchase  date  or  monthly  State-
ment posting date. We will also assess a Foreign
Currency Conversion Fee interest charge as de-
scribed in the “How Interest Charges are Deter-
mined” section.
Honoring Your Card. We are not responsible if
anyone refuses to accept your Card or Account
for  any  reason.  Although  you  may  have  credit
available, we may decline any transaction for any
reason. We are not liable for any refusal to honor
your Card or Account.
From time to time, due to circumstances beyond
our  control  (such  as  system  failures,  natural  di-
sasters,  or  other  unpredictable  events),  our  ser-
vices may not be available. When this happens,
you  may  be  unable  to  use  your  Card  or  obtain
information about your Account. We will not be
responsible or liable if this happens.
Change of Address, Employment and Tele-
phone. 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  mail-
ing address, place of employment, or telephone
number.
Severability.  In  the  event  that  any  provision  of
this Agreement is determined to be invalid or un-
enforceable for any reason, the remaining provi-
sions will remain in effect.
Entire Agreement; Interpretation.  This  Agree-
ment (including other documents incorporated
herein by reference) constitutes the final expres-
sion of the credit agreement between you and us
relating  to  your  Account.  The  headings  used  in

13541915_1_M-133890.indd   1

this Agreement are for the convenience of refer-
ence only and are not intended to define or de-
scribe  the  scope  or  intent  of  any  portion  of  the
Agreement.
Governing Law. Except as expressly set forth in
the Arbitration of Disputes section, this Agreement
and  the  interpretation  and  enforcement  thereof
(including but not limited to the exportation of in-
terest rates) will be governed by Federal law that
applies to us, and to the extent not preempted by
Federal law, the laws of the State of Utah, without
regard to its conflicts of law provisions and prin-
ciples. If there is any conflict between any of the
terms and conditions of this Agreement and ap-
plicable Federal or State law, this Agreement will
be considered changed to the extent necessary
to comply with the applicable law.
Arbitration of Disputes Provision. PLEASE
READ THIS ARBITRATION OF DISPUTES PROVI-
SION CAREFULLY. UNLESS YOU SEND US THE
REJECTION NOTICE DESCRIBED BELOW, THIS
PROVISION WILL APPLY TO YOUR ACCOUNT,
AND MOST DISPUTES BETWEEN YOU, ON THE
ONE HAND, AND US OR ANY SERVICER OF
YOUR ACCOUNT, INCLUDING, BUT NOT LIM-
ITED TO, GENESIS FS CARD SERVICES, INC.
(“GENESIS”), ON THE OTHER HAND, 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 ARBITRATION OF DISPUTES PROVISION
DOES NOT APPLY TO YOU IF, AS OF THE DATE
OF THIS AGREEMENT, YOU ARE A MEMBER
OF THE ARMED FORCES OR A DEPENDENT
OF SUCH MEMBER ENTITLED TO PROTEC-
TION UNDER THE FEDERAL MILITARY LEND-
ING ACT. PLEASE SEE THE SECTION OF THIS
AGREEMENT LABELED “MILITARY LENDING
ACT.” IF YOU WOULD LIKE MORE INFORMA-
TION ABOUT WHETHER YOU ARE ENTITLED
TO PROTECTION UNDER THE FEDERAL MILI-
TARY LENDING ACT, YOU MAY CONTACT US AT
1-800-583-5698.
This provision replaces any existing arbitration
provision with us and will stay in force no mat-
ter what happens to your Account, including the
closing of your Account. Except as expressly pro-
vided  below,  you  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,
and/or  any  servicer  of  your  Account,  including,
but not limited to, Genesis, 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 pri-
or 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 any individual Claims

in small claims court or your state’s equivalent
court, so long as it remains an individual case in
that court.
YOU AGREE NOT TO PARTICIPATE IN A CLASS,
REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL ACTION AGAINST US OR ANY SER-
VICER OF YOUR ACCOUNT, INCLUDING, BUT
NOT LIMITED TO, GENESIS,
IN COURT OR
ARBITRATION. ALSO, YOU MAY NOT BRING
CLAIMS AGAINST US OR ANY SERVICER OF
YOUR ACCOUNT, INCLUDING, BUT NOT LIMIT-
ED TO GENESIS, ON BEHALF OF ANY CARD-
HOLDER WHO IS NOT A JOINT CARDHOLDER
WITH YOU OR AN AUTHORIZED USER ON YOUR
ACCOUNT (AN “UNRELATED CARDHOLDER”),
AND YOU AGREE THAT NO UNRELATED CARD-
HOLDER MAY BRING ANY CLAIMS AGAINST
US OR ANY SERVICER OF YOUR ACCOUNT, IN-
CLUDING, BUT NOT LIMITED TO, GENESIS, ON
YOUR BEHALF. CLAIMS BY YOU AND AN UN-
RELATED CARDHOLDER 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 UNRE-
LATED CARDHOLDER.
Judgment on the arbitration award may be en-
tered in any court having jurisdiction. Any dispute
regarding  whether  a  particular  controversy  is
subject  to  arbitration,  or  the  applicability  or  en-
forceability  of  the  foregoing  paragraph,  will  be
decided by a court and not by an arbitrator.
If you or we or any servicer of your Account, in-
cluding,  but  not  limited  to,  Genesis,  elect  to  ar-
bitrate a claim, the electing party must notify the
other party in writing. The notice can be given af-
ter the beginning of a lawsuit and can be given in
papers filed in the lawsuit. Otherwise, your notice
must be sent to Genesis FS Card Services, Inc.,
Attn: Arbitration Demand, P.O. Box 4477, Beaver-
ton, Oregon 97076, and our notice must be sent
to the most recent address for you in our files.
The arbitration will be administered by the Amer-
ican Arbitration Association (the “AAA”) under its
rules in effect at the time an arbitration is com-
menced  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  re-
quest 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  immediate-
ly 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.
All  statutes  of  limitation,  defenses,  and  attor-
ney-client  and  other  privileges  that  would  apply
in a court proceeding will apply in the arbitration.
If any provision of this Section regarding arbitra-
tion of disputes shall be deemed to be unenforce-

able, the remainder of this Section shall be given
full force and effect. However, if the provision
precluding class, representative or private attor-
ney general Claims in arbitration is deemed unen-
forceable, then this entire Arbitration Agreement
shall be void 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 Agreement. To reject this Provision, you must
send us a notice within sixty (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 Genesis FS Card Services, Inc.,
Attn: Arbitration Provision, P.O. Box 4477, Bea-
verton, Oregon 97076. 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:  Genesis FS Card Services,
P.O. Box 4499, Beaverton, OR 97076-4499.
In your letter, give us the following information:

• Account information: Your name and Ac-

count 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 writ-
ing. You may call us, but if you do we are not re-
quired 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 al-
ready corrected the error.

2. Within 90 days of receiving your letter,
we must either correct the error or ex-
plain to you why we believe the bill is cor-
rect.

While we investigate whether or not there has
been an error:

• We cannot try to collect the amount in
question, or report you as delinquent on
that amount.

• The charge in question may remain on
your Statement, and we may continue to

charge you interest on that amount.
• While you do not have to pay the amount
in question, you are responsible for the
remainder of your balance.

• We can apply any unpaid amount against

your Credit Limit.

After we finish our investigation, one of two
things will happen:

•

•

If we made a mistake: You will not have to
pay the amount in question or any inter-
est or other fees related to that amount.
If we do not believe there was a mistake:
You will have to pay the amount in ques-
tion,  along  with  applicable  interest  and
fees. We will then send you a Statement
of the amount you owe and the date pay-
ment 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 re-
ported you as delinquent, and we must let those
organizations know when the matter has been
settled between us.  If we do not follow all of the
rules above, you do not have to pay the first $50
of the amount you question, even if your bill is
correct.
Your Rights If You Are Dissatisfied With Your
Credit Card Purchases
If you are dissatisfied with the goods or services
that  you  have  purchased  with  your  credit  card,
and  you  have  tried  in  good  faith  to  correct  the
problem  with  the  merchant,  you  may  have  the
right not to pay the remaining amount due on the
Purchase. To use this right, all of the following
must be true:

1. The  Purchase  must  have  been  made  in
your home state or within 100 miles of your
current mailing address, and the Purchase
price must have been more than $50. (Note:
Neither of these are necessary if your Pur-
chase was based on an advertisement we
mailed  to  you,  or  if  we  own  the  company
that sold you the goods or services.)

2. You must have used your credit card for the
Purchase.  Purchases  made  with  cash  ad-
vances  from  an  ATM  or  with  a  check  that
accesses  your credit  card account  do  not
qualify.

3. You must not yet have fully paid for the Pur-

chase.

If all of the criteria above are met and you are still
dissatisfied with the Purchase, contact us in writ-
ing at Genesis FS Card 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  investiga-
tion, 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.

The Card Issuer:
First Electronic Bank

Destiny™ Mastercard® Cardholder Agreement

M-133890

Dear Cardholder:
This Agreement, as defined below, is your contract for your Account and:

• Covers the terms that govern the use of your Account;
• Outlines both your responsibilities and ours;
• Includes certain disclosures required by the Federal Truth in Lending Act;
• Includes certain disclosures required by the Federal Military Lending Act; 
• Includes an Arbitration of Disputes Provision that will substantially affect your rights

unless you reject it; and

• Contains important information about your Account.

We encourage you to read 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.

CARDHOLDER AGREEMENT                                                                                                                                                    
This Agreement contains the terms that govern the use of your Destiny Mastercard Account and out-
lines 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 sub-
mitted for this Account (the “Application”), your Card and the Card Carrier that we send with your Card,
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 a part of this Agree-
ment. 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 memorandum, a Cash Advance transaction, or otherwise.
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 Cardholder(s) who holds the Card and is responsible for the Account, each of whom is individually
and jointly obligated under this Agreement. The words we, us, and our refer to First Electronic Bank.
Account: The credit card account for which you were issued a Card imprinted with your Account number
and that is subject to all of the terms and conditions of this Agreement.
ATM: Automated Teller Machine.
Billing Cycle: The time interval covered by a monthly Statement. Each Billing Cycle is approximately 30
days in length; however, the specific period of time is described on each monthly Statement. Your Ac-
count will have a Billing Cycle even if a Statement is not required.
Card: Any Destiny Mastercard issued by us that you may use to obtain a Cash Advance, make Purchas-
es, or lease goods or services on credit.  Use of your Account number to obtain credit will be considered
a use of the Card.
Card Carrier: The carrier that contains your Card.
Cardholder: The person to whom a Card is issued, or who has agreed to pay obligations arising from a
Card issued to another person.
Cash Advance: Credit extended to you in the form of a cash loan through any financial institution hon-
oring the Card either presented directly or through any other credit instrument, check, device, overdraft
coverage plan or ATM that we make available to you or that you use. All cash equivalent transactions
will  be  treated  as  Cash  Advances  and  will  be  billed  to  the  Cash  Advance  segment  of  your  Account.
Transactions that we view as “cash equivalent transactions” include without limitation using your Card
to purchase wire transfer money orders, bets, lottery tickets, casino gaming chips, and other similar
products and services.
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 Credit Limit will be
disclosed on your Card Carrier and your monthly Statements.
Purchase: Any extension of credit to your Account for the purpose of purchasing or leasing goods or
services from participating merchants.
Statement: A monthly document we provide to you showing Account information including, among oth-
er things, Purchase and Cash Advance transactions, credits and debits, payments, fees, and interest
charges made to your Account during a Billing Cycle.
Purchases and Cash Advances. You may use your Card to purchase or lease goods or services from
participating merchants. You may also use your Card to obtain Cash Advances from your Account at an
ATM, or by presenting it to any institution that accepts the Card for that purpose. There are dollar limita-
tions on individual Cash Advance transactions, and we may set a Cash Advance Limit for your Account.
Please contact us for information about the Cash Advance limitations that apply to your Account. In
addition, we may limit your Account to only one Cash Advance transaction per day.
You promise to pay us and are liable for all amounts resulting from the authorized use of your Card or
Account,  plus  any  applicable  interest  charges  and  other  applicable  charges  or  fees,  payable  in  U.S.

6

7

8

1

5/12/21   8:46 AM

dollars.  This  includes  amounts  where  you  did
not sign a purchase slip or other documents for
the transaction. If you use your Account number
without presenting your actual Card, such as for
mail, telephone, or internet purchases, this will be
treated  the  same  way  as  if  you  presented  your
Card. Your promise to pay us will apply to your
estate if you die.
We may limit and restrict the use of the Account/
Card  at  our  discretion.  Such  limitations  and  re-
strictions include, but are not limited to, gambling
transactions, which include, but are not limited to,
internet-related  lottery  tickets,  casino  gambling
chips, off-track betting and wagers at racetracks.
You remain responsible for use of your Account/
Card in any such transactions.
The Card may only be used for valid and lawful
purposes. If you use, or you authorize someone
else to use, the Card or Account for an unlawful
or impermissible purpose, you will be responsible
for such use and may be required to reimburse us
or Mastercard for any amounts or expenses we or
they incur as a result of such use.
The  Card  is  and  remains  our  property,  and  you
will surrender it to us at any time upon request.
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 ac-
cept any transaction on your Account that would
cause you to exceed your Credit Limit, even if you
have authorized us to charge you an Overlimit Fee
for doing so. We may temporarily agree to allow
you to exceed your Credit Limit; however, in that
case you must repay the excess amount accord-
ing to the terms of this Agreement.  Any transac-
tions honored in excess of your Credit Limit will
not result in an increase of your Credit Limit. We
may at any time and without prior notice to you
increase or decrease your Credit Limit, limit the
Credit Limit for Cash Advances or take away your
ability to obtain Cash Advances.
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 ap-
plicable 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. finan-
cial institution.
Monthly Minimum Payment.  The  Monthly  Mini-
mum Payment is 7% of your New Balance or $40,
whichever is greater, rounded to nearest dollar. If
you elect not to pay your New Balance in full, you
must pay at least the Monthly Minimum Payment by
the Payment Due Date shown on your Statement,
which is at least 25 days after the Closing Date of
the Billing Cycle. Your Monthly Minimum Payment
also will include any past due amounts. If your New
Balance is less than or equal to your Monthly Min-
imum Payment, then your Monthly Minimum Pay-
ment will be equal to your New Balance.
Payments should be mailed with the payment cou-
pon  and  in  the  envelope  provided  and  following

the other instructions on the Statement to Genesis
FS Card Services, PO Box 23030, Columbus, GA
31902-3030. 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 Ac-
count the next banking day. However, if your Pay-
ment Due Date occurs on a non-banking day, any
payment received the next day which conforms to
the above requirements will not be treated as late.
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 cred-
ited as of the day we receive them.
If we accept a payment at a place other than the
address in the immediately preceding paragraph,
we may delay the crediting of the payment for up to
five (5) days. This may cause you to incur Late Fees
and additional interest charges, and may result in
your Account being declared in default.
We do not accept cash payments through the mail.
You may not make payments with funds from your
Account or any other credit account issued by us.
When you provide a check as payment, you autho-
rize 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 pay-
ment that exceeds your total New Balance will be
applied  as  a  credit  to  your  Account,  and  any  re-
maining credit balance will be refunded as required
by law.
Credit availability may be delayed at our sole dis-
cretion to ensure payment in good funds. Your
available credit on your Credit Limit may not reflect
your payments for up to 14 days.
Application of Payments.  For  each  Billing  Cy-
cle,  payments  up  to  the  amount  of  your  Monthly
Minimum Payment will be allocated in any way we
determine, including to balances with lower Annu-
al Percentage Rates before balances with higher
Annual Percentage Rates. We will generally apply
payments up to the amount of your Monthly Mini-
mum Payment in a manner most favorable or con-
venient for us.
For each Billing Cycle, to the extent your payments
exceed your Monthly Minimum Payment, we will
apply these excess amounts in the order required
by applicable law.
HOW INTEREST CHARGES ARE
DETERMINED
Your interest charge for any Billing Cycle will
include  the  following  components,  the  total  of
which  constitutes  your  total  interest  charge  for
the Billing Cycle:

1. A Cash Advance Transaction Fee imposed
on each Cash Advance transaction posted
during a Billing Cycle, in an amount equal

to the greater of $5 or 5% of the amount
of each Cash Advance, not to exceed $100.
Any unpaid Cash Advance Transaction Fee
will be added to the calculation of your Av-
erage Daily Balance of Cash Advances.
2. Periodic  interest  charge  computed  by  ap-
plying  the  applicable  Monthly  Periodic
Rate or Rates, determined as provided be-
low  under Computing the Purchase and
Cash Advance Balance Monthly Periodic
Rates and Corresponding Annual Per-
centage Rates (APR) to:
a. your Average Daily Balance of Cash Ad-
vances  (including  new  Cash  Advances);
and

b. your Average Daily Balance of Purchases

(including new Purchases).

if the total of the amounts so
However,
computed is an amount less than $1, then
a Minimum Interest Charge Fee of $1 will be
imposed instead of such smaller amounts.
3. A Foreign Currency Conversion Fee in an
amount equal to 1% of the converted U.S.
dollar  amount  of  each  transaction,  includ-
ing  Cash  Advances  and  Purchases,  that
is effected in any currency other than U.S.
dollars.

When Interest Charges Begin to Accrue. In-
terest charges on Purchases will be imposed at
the  applicable  Monthly  Periodic  Rate  from  the
date each Purchase is made, and will continue to
accrue  on  unpaid  balances  as  long  as  they  re-
main unpaid. However, we do not assess interest
charges in the following circumstances:

1. If you paid the New Balance at the begin-
ning  of  your  previous  Billing  Cycle  by  the
Payment Due Date during the previous Bill-
ing Cycle, or if that New Balance was $0 or
a credit balance, then:
a. if you pay the New Balance on your cur-
rent Statement in full by the Payment Due
Date in your current Billing Cycle, we will
not assess interest charges on Purchas-
es during your current Billing Cycle; and
b. if you make a payment that is less than
the New Balance by the Payment Due
Date in your current Billing Cycle, we will
credit that payment as of the first day in
your current Billing Cycle.

2. If you had a New Balance at the beginning
of  your  previous  Billing  Cycle  and  you  did
not pay that New Balance by the Payment
Due Date during that previous Billing Cycle,
then we will not assess interest charges on
any Purchases during  the  current Billing
Cycle if you pay the New Balance at the be-
ginning of your current Billing Cycle by the
Payment  Due  Date  in  your  current  Billing
Cycle.

Periodic interest charges on Cash Advances will
be  imposed  at  the  applicable  Monthly  Periodic
Rate from the date each Cash Advance is made
and  will  continue  to  accrue  on  unpaid  balances
as long as they remain unpaid. There is no grace
period on Cash Advances and there is no period
within which to pay to avoid interest charges on
Cash Advances.
Calculating the Purchase and Cash Advance

Balance Subject to Interest Charges
Average Daily Balance of Purchases (includ-
ing new Purchases):  To  get  the  Average  Daily
Balance of Purchases, we take the beginning Pur-
chase balance of your Account each day, includ-
ing  unpaid  fees,  interest  charges  on  Purchases
and  Foreign  Currency  Conversion  Fees  on  Pur-
chases, add any new Purchases and new fees as
of  the  date  of  transaction,  and  subtract  the  ap-
plicable  portion  of  any  payments  and  credits  as
of the transaction date. On the first day of a Bill-
ing Cycle, we also add any unpaid Late Fees and
Overlimit Fees. This gives us the daily balance for
Purchases. Then we add all these 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 of Purchases.
Average Daily Balance of Cash Advances (in-
cluding new Cash Advances): To get the Aver-
age Daily Balance of Cash Advances, we take the
beginning Cash Advance balance of your Account
each  day,  including  unpaid  interest  charges  on
Cash  Advances  and  Foreign  Currency  Conver-
sion Fees on Cash Advances, add any new Cash
Advances as of the date of transaction, add the
Cash Advance Transaction Fee on any Cash Ad-
vances  as  of  the  transaction  date  of  each  Cash
Advance, and subtract the applicable portion of
any  payments  and  credits  as  of  the  transaction
date. This gives us the daily balance for Cash Ad-
vances. Then we add all these 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 of Cash Advances.
Computing the Purchase and Cash Advance
Balance Monthly Periodic Rates and Corre-
sponding Annual Percentage Rates (APR)
Monthly Periodic Rates:  The  Monthly  Period-
ic Rate is calculated by dividing the APR by 12.
The Purchase APR is 24.9% and the standard
Monthly Periodic Rate for Purchases is 2.075%.
The Cash Advance APR is 29.9% and the Monthly
Periodic Rate for Cash Advances is 2.492%.
OTHER FEES
In  addition  to  interest  charges,  a  variety  of  fees
may be applied to your Account, as set forth be-
low.
Annual Fee. We will charge an initial Annual Fee
of $59 to your Account on or about the date your
Account  is  opened  and  then  a  renewal  Annual
Fee of $59 on or about each anniversary of that
date. The initial Annual Fee is nonrefundable; the
renewal Annual Fee is also nonrefundable unless
you notify us to cancel your Account within 30
days  from  the  mailing  date  of  the  billing  State-
ment or other communication containing the re-
newal Annual Fee notice.
Late Fee. If we do not receive your Monthly Min-
imum Payment 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
$9.99, we will charge a Late Fee to your Account.
The Late Fee is $29 if you were not charged a
Late Fee during any of the prior six Billing Cycles.
Otherwise, the Late Fee is $40. The Late Fee will
never exceed the amount of your most recently
required Monthly Minimum Payment.
Minimum Interest Charge Fee.  If  the  periodic
interest  charge  amounts  computed  in  the How

Interest Charges Are Determined  section  are
an amount less than $1, then a Minimum Inter-
est Charge Fee of $1 will be charged instead of
such smaller amounts and will be treated as a fee
on your billing statement and added to your Pur-
chases at our discretion.
Returned Payment Fee. If any payment on your
Account is returned to us unpaid for any reason,
we  will  charge  a  Returned  Payment  Fee  to  your
Account. The Returned Payment Fee is $29 if you
were not charged a Returned Payment Fee during
any of the prior six Billing Cycles. Otherwise, the
Returned Payment Fee is $40. The Returned Pay-
ment Fee will never exceed the amount of your
most recently required Monthly Minimum Pay-
ment.
Overlimit Fee. If you elected  to  have overlimit
coverage, we may charge an Overlimit Fee when
a  transaction  causes  you  to  go  over  or  remain
over your Credit Limit during any Billing Cycle.
We may also charge you two additional Over-
limit Fees if your New Balance remains over your
Credit Limit as of the Payment Due Date in fu-
ture Billing Cycles. We will only charge you one
Overlimit Fee per Billing Cycle, even if you go over
your Credit Limit multiple times in the same Billing
Cycle. The Overlimit Fee is $29 if you were not
charged an Overlimit Fee during any of the prior
six Billing Cycles. Otherwise, the Overlimit Fee
is $40. The Overlimit Fee will never exceed the
maximum amount you are over your Credit Limit
during the Billing Cycle.
Documentation Fee. You may request a copy
of a Statement previously sent to you for a Doc-
umentation Fee of $3 per Statement, which will
be applied to your Account. Copies of sales tick-
ets  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 Bill-
ing Rights - Keep This Notice for Future Use”).
MILITARY LENDING ACT
The Military Lending Act provides protections for
Covered  Borrowers.  The  provisions  of  this  sec-
tion  apply  to  Covered  Borrowers.  If  you  would
like  more  information  about  whether  you  are  a
Covered Borrower, you may contact us at 1-800-
583-5698.
Statement of MAPR.  Federal  law  provides  im-
portant  protections  to  members  of  the  Armed
Forces and their dependents relating to exten-
sions of consumer credit. In general, the cost of
consumer credit to a member of the Armed Forc-
es and his or her dependent may not exceed an
Annual Percentage Rate of 36%. This rate must
include, as applicable to the credit transaction or
account: (1) the costs associated with credit in-
surance premiums; (2) fees for ancillary products
sold in connection with the credit transaction;
(3) any application fee charged (other than cer-
tain application fees for specified credit transac-
tions or accounts); and (4) any participation fee
charged (other than certain participation fees for
a credit card account).
Oral Disclosures.  In  order  to  hear  important
disclosures  and  payment  information  about  this
Agreement, you may call 1-800-290-6421.

Applicability of Arbitration of Disputes Pro-
vision. The Arbitration of Disputes Provision set
forth in this Agreement does not apply to Covered
Borrowers.
LOST CARDS AND UNAUTHORIZED USE
You will take reasonable steps to prevent the un-
authorized use of your Card and Account. If your
Card is lost or stolen or if someone else might be
using it without your permission, you must tell us
at once. You may tell us by calling the telephone
number on  the back of  your  Card or  on your
Statement or by writing us at the address on your
Statement. You will not be responsible for the
charges made to your Account that are found by
us to be unauthorized. If we reimburse your Ac-
count for unauthorized charges made using your
Card or Account, you will help us investigate, pur-
sue, and get reimbursement from the wrongdoer.
Your help includes giving us documents that we
ask for and are acceptable to us.
COMMUNICATIONS
Telephone Monitoring and Recording; Com-
munications.  You  consent  and  agree  that,  ex-
cept as restricted by applicable law, we may mon-
itor and/or record telephone calls regarding your
Account, suppress caller identification services,
use  prerecorded  messages,  and  use  an  auto-
mated telephone dialing and announcing system.
You expressly consent that we and our agents,
any servicer, or any subsequent owner of your
Account may (i) contact you at any cellular tele-
phone number that you provided as part of your
application, at any number that you later provide
(including,  without  limitation,  after  your  Account
is in a default status), or at any other number that
is identified as related to you, including by text
message, and (ii) use automated telephone dial-
ing systems to initiate such contacts and/or leave
recorded messages. 
If you provide us at any time with an email con-
tact 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.
We or our representatives may contact you from
time to time regarding the Account, or to ask for
additional information about you or your experi-
ence 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.
How to Revoke Consent for Future Commu-
nications: If you want to revoke your consent to
future  communications  as  described  in  the  pre-
vious paragraph, you must send us a written no-
tice that includes: (i) your name, mailing address,
and Account number(s); (ii) the specific telephone
number(s),  email  address(es)  and/or  mailing  ad-
dress(es) at which you no longer wish us to con-
tact  you,  and  (iii)  the  types  of  communications
(telephone, text, email, and/or mail) for which you
are revoking consent. You must send this written
notice to: Genesis FS Card Services, P.O. Box
4477, Beaverton, OR 97076. You understand and
agree that it may take up to three business days
after  receipt of your written notice to  process
your request, and that you consent to continued

communications during this period of time.
OUR RIGHTS AND HOW THEY AFFECT YOU
Merchant Refunds. If a merchant agrees to give
you a  refund  for goods or  services  purchased
with your Card or Account, you will accept a cred-
it on your Account instead of a cash refund. We
do  not  control  when  a  merchant  sends  us  your
refund and we will have a reasonable amount of
time after we receive your refund to process it.
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 accept it without losing any of our
rights under this Agreement. All written com-
munications concerning disputed amounts,
including any check or other payment instru-
ment that indicated that the payment consti-
tutes “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 Gen-
esis FS Card Services, P.O. Box 4499, Beaver-
ton, Oregon 97076.
Credit Reports and Information. You authorize
us to make or have made any credit, employment,
or other investigative inquiries we deem appro-
priate to extend you credit or collect amounts
owed to us on your Account. We (including any
assignee of the Account or amounts owing under
the  Account)  may  also  obtain  information  about
you  from  credit  reporting  agencies  or  others  at
any time and use it for the purposes of monitoring
your credit performance, managing your Account
and considering you for new offers and programs.
Notice of Inaccurate Information. If you believe
that we have information about you that is inac-
curate or that we have reported or may report to
a credit reporting agency information about you
that is inaccurate, please notify us of the specific
information that you believe is inaccurate by writ-
ing to us at Genesis FS Card Services, P.O. Box
4499, Beaverton, OR 97076.
Default and Collection. Unless prohibited by ap-
plicable law, your Account is considered to be in
default if (1) you fail to make the required Month-
ly  Minimum  Payment on  or  before  the Payment
Due Date, including if your payment is returned or
cannot be processed and you do not correct that
failure within 31 days, (2) you try to exceed or do
exceed your Credit Limit without permission and
do not bring your Account back under your Credit
Limit within 31 days, (3) you become subject to
bankruptcy or insolvency proceedings, (4) you
become  subject  to  attachment  or  garnishment
proceedings, (5) you give us any false information
or signature, (6) you die, or (7) you fail to comply
with any portion of this Agreement. Our accepting
a late or partial payment does not waive default.
Default on this Account will constitute default on
all accounts you hold with us. Subject to any no-
tice of default and right to cure or other restric-
tions  of  applicable  law,  if  you  are  in  default,  we
may declare the entire balance due immediately.
You agree to pay our reasonable costs and attor-
neys’ fees and expenses related to the collection
of your Account, and retrieving your Card, 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 Agree-
ment. 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 Cash Advances
and also to the outstanding balance of your
Account, subject to the limitations of applica-
ble law.
Delay in Enforcement. We can delay enforcing
our  rights  under  this  Agreement  without  losing
them.
OTHER PROVISIONS
Ownership and Use of Your Card. As the Card-
holder, you are liable for all credit obtained under
your Account. If you authorize another person to
use  your  Card,  you  are  liable  for  any  credit  ob-
tained on your Account for as long as that person
holds the Card. In addition, you will remain liable
until you recover possession of the Card. Misuse
of your Card by an authorized person will not be
considered unauthorized use. See “Lost Cards
and Unauthorized Use” above. Upon demand,
you must immediately return any Card we supply
to you or destroy the Card by cutting it in half.
Transactions. You will retain for Statement ver-
ification your copy of each Purchase slip, Cash
Advance or other transaction to your Account.
Transfer of Your Account.  You  may  not  trans-
fer 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.
Closing or Suspending Your Account. We may
close or suspend your Account or your ability to
obtain  credit  on  your  Account,  or  both,  at  any
time, for any reason permitted by law and with or
without advance notice.
You may close your Account at any time by con-
tacting  us.  The  closure  of  Account  will  not  be-
come effective until you have returned to us all of
the Cards we have given you. If you have a joint
Account  and  want  to  remove  one  of  the  names
from the Account, we must receive a written re-
quest signed by both of the Cardholders on the
Account  and  all  Cards  must  be  returned  upon
request. 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 reapply for a new Card for an individual
Account when you request a change from a joint
Account to an individual Account.
If  your  Account  is  closed  or  suspended  for  any
reason, you must stop using your Card. You
must  also  cancel  all  billing  arrangements  to  the
Account. We will not do this for you. If we close
or permanently suspend your Account, you must
also return all Cards to us. You must still pay us
all amounts you owe on the Account, even if they
are charged after your Account is closed or sus-
pended.
Additional Benefits and Services.  From  time

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