Genesis Credit® Ashley Advantage™ Gold Account Agreement 
First Electronic Bank 

Dear Accountholder: 

This Agreement, as defined below, is your contract for your Account and: 

•  Covers the terms that govern the use of your Genesis Credit 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. 

This Agreement begins on the earlier of (1) the date we approve your Application, or (2) 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 hold(s) 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 First Electronic 
Bank. 

Account: Genesis Credit Ashley Advantage™ Gold 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 we issue 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.  

Agreement:  Your  contract  with  us  for  your  Account,  which  is  composed  of  your  Application,  and  the 
Account  opening  disclosures  and  this  Account  Agreement.  Any  sales  slip  or  other  evidence  of 
indebtedness on your Account is incorporated into and made part of this Agreement. 

Application:  The  form  with  information  that  you  submitted  to  apply  for  your  Account,  including  your 
signature (in any form – wet signed, electronic, or digital), and any acceptance certificate or other request 
that you signed or otherwise submitted to obtain this Account. 

Billing Cycle: The time interval covered by a monthly statement. Each Billing Cycle is approximately 30 
days in length. 

Card: Any branded Card we issue 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. 

14348-1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Covered Borrower: Certain members of the Armed Forces and their dependents who are protected by the 
Military Lending Act. 

Credit: The credit extension you receive under this Agreement. 

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 
on Purchases.  

Retailer: Participating merchants that accept this Account. 

USING YOUR ACCOUNT 

Purchases. You may use your Account to purchase goods and 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 if (1) that transaction would 
cause you to exceed your Credit Limit or (2) your Account is delinquent. We may temporarily agree to 
allow  you  to  exceed  your  Credit  Limit.  If  we  do  so,  in  that  case,  you  must  repay  the  excess  amount 
according to the terms of this Agreement. Any transactions honored in excess of your Credit Limit will not 
result in an increase of your Credit Limit. 

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. Your Monthly Minimum Payment due will be the sum of: 

1.  The fixed payment amount applicable to each Purchase; plus 
2.  The greater of 5% of the Regular Balance or $15.  

Each Purchase will have a fixed payment amount which we calculate when the Purchase is posted to your 
Account. We determine the fixed payment amount for a Purchase by multiplying the Purchase amount by 
5%, and then rounding the result to the nearest dollar. If the remaining balance of a Purchase plus accrued 
interest on that Purchase is less than the fixed payment amount, we will reduce the fixed payment amount 
for that Purchase accordingly. We will continue to include the fixed payment amount for a Purchase in 

14348-1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the Monthly Minimum Payment due until the Purchase plus accrued interest on that Purchase is paid in 
full. If you make a payment in excess of the Monthly Minimum Payment due for any month, it will not 
reduce  the  fixed  payment  amount  applicable  to  any  Purchase  that  is  used  to  calculate  your  Monthly 
Minimum  Payment  due  in  subsequent  months,  but  it  may  result  in  your  paying  off  a  Purchase  more 
quickly. 

Your  Monthly  Minimum  Payment  due  also  will  include  any  past  due  amount.  Your  Monthly  Minimum 
Payment due will never exceed your New Balance. 

Payments should be mailed with the payment coupon and in the envelope provided and following the 
other  instructions  on  the  monthly  statement  to  Genesis  FS  Card  Services,  P.O.  Box  84049,  Columbus, 
Georgia 31908. Any payment we receive 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 we receive your payment 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  we  receive  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  may  cause  you  to  incur  Late  Payment  Fees  and 
additional interest charges, and may 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 you owe on your Account 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 Limit may not reflect your payments for up to 14 days. 

Application of Payments. For each Billing Cycle, we will allocate payment amounts up to your Monthly 
Minimum Payment to charges and principal due (including new transactions) in any way we determine. 
We  will  generally  apply  payment  amounts  up  to  your  Monthly  Minimum  Payment  in  a  manner  most 
favorable or convenient 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.  During  the  last  two  Billing  Cycles  of  a 
deferred interest period, if you have an outstanding deferred interest balance, we will apply these excess 
amounts to the deferred interest promotion balance. 

DEFERRED INTEREST 
Each Purchase on your Account is subject to up to 6 months of deferred interest, beginning on the date 
of the Purchase (the “deferred interest period”). Interest will be charged to your Account from the date 
of the Purchase if the Purchase balance is not paid in full within the deferred interest period. 

Each Purchase transaction accrues interest from the date of the Purchase, but we will not charge that 
interest to your Account if you pay that Purchase balance in full before the end of the deferred interest 
period  and  you  make  Monthly  Minimum  Payments  as  required.  The  deferred  interest  period  will  end 
when one or more of the following events occur: 
•  6 months from the Purchase date; 

14348-1 

 
 
 
 
 
 
 
 
 
 
 
•  Your Account becomes more than 180 days past due; 
•  Your Account is charged off for any reason. 

Interest on each Purchase transaction will accrue during the deferred interest period at an APR of 34.9%. 

You must make Monthly Minimum Payments during the deferred interest period. The monthly statement 
we send you will include these Monthly Minimum Payment amounts and will help you keep track of your 
Purchase balance(s) and their deferred interest period(s). Paying only the Monthly Minimum Payment 
may  not  pay  off  the  Purchase  balance  within  the  deferred  interest  period.  You  may  have  to  make 
additional or increased payments during the deferred interest period to avoid having to pay all accrued 
deferred interest. 

After the deferred interest period, interest will be charged at an APR of 34.9%. 

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 
0.09561% and the applicable APR is 34.9%. 

When We Charge Interest. We charge interest on your Purchases from the post date until you pay the 
Purchase in full. We charge interest on Fees and other debits from the transaction date until you pay the 
Fees 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.  For each day, we take the beginning balance of each balance segment in the Billing Cycle, including 
any  unpaid  interest  charges,  add  any  new  Purchases,  Fees,  and  debits,  and  then  subtract  the 
applicable portion of any payments and credits. This gives us the daily balance.  

2.  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. 

3.  Next, we multiply the daily periodic rate by the average daily balance. 
4.  Finally, we 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 each balance segment for the Billing Cycle. 

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 $9.99, we will charge a Late Payment Fee to your Account. The Late Payment Fee is $29 if we did not 
charge a Late Payment Fee during any of the prior six billing periods. Otherwise, the Late Payment Fee is 
$40.  The  Late  Payment  Fee  will  never  exceed  the  amount  of  your  most  recently  required  Monthly 
Minimum Payment. 

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 we did not charge 

14348-1 

 
 
 
 
 
 
 
 
 
 
 
 
a Returned Payment Fee during any of the prior six billing periods. Otherwise, the Returned Payment Fee 
is $40. 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 fee we will charge 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”). 

MILITARY LENDING ACT 
The  Military  Lending  Act  provides  protections  for  Covered  Borrowers.  The  provisions  of  this  section 
apply  to  Covered  Borrowers.  If  you  would  like  more  information  about  whether  you  are  a  Covered 
Borrower, you may contact us at 1-800-229-3818. 

Statement of MAPR. Federal law provides important protections to members of the Armed Forces and 
their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a 
member of the Armed Forces 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  insurance  premiums;  (2)  fees  for  ancillary  products  sold  in  connection  with  the  credit 
transaction;  (3)  any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit 
transactions 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 Provision. The Arbitration of Disputes Provision set forth in this 
Agreement does not apply to you if, as of the date of this Agreement, you are a Covered Borrower. 

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: Genesis FS Card Services, 
P.O. Box 4477, Beaverton, OR 97076, 1-800-314-6340. In any case, your liability will not exceed $50. 

OUR RIGHTS, AND HOW THEY AFFECT YOU 
Telephone Monitoring and Recording; Communications. You consent and agree that, except as restricted 
by applicable law, we may monitor and/or record telephone calls regarding your Account, suppress caller 
identification  services,  use  prerecorded  or  artificial  voice  messages,  and  use  an  automatic  telephone 
dialing and announcing system. You expressly consent that we and our agents, any servicer, collection 
agency, or any subsequent owner of your Account may (i) contact you at any telephone 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 specifically includes any cellular or VoIP telephone number, and (ii) use 
automatic telephone dialing systems to initiate such contacts and/or leave prerecorded or artificial voice 
messages. 

14348-1 

 
 
 
 
 
 
 
 
 
  
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. 

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, and at any telephone number 
that you provide us at any time, or at any other number that is identified as related to you, or by email, 
fax, recorded message, text message or personal visit. 

How  to  Revoke  Consent  for  Future  Communications:  If  you  want  to  revoke  your  consent  to  future 
communications as described in the previous paragraph, you must send us a written notice that includes: 
(i)  your  name,  mailing  address,  and  Account  number(s);  (ii)  the  specific  telephone  number(s),  email 
address(es) and/or mailing address(es) at which you no longer wish us to contact 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, PO 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. 

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  restrictive  language.  If  you  send  such  a  payment,  we  may  accept  it 
without losing any of our rights under this Agreement. All written 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 Genesis FS Card Services, P.O. Box 
4499, Beaverton, OR 97076. 

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 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 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 writing to us at Genesis FS 
Card Services, P.O. Box 4499, Beaverton, OR 97076. 

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 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 

14348-1 

 
 
  
  
 
 
 
 
 
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.  Except  as  provided  in  the  Arbitration 
Provision below, 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. We can delay enforcing our rights under this Agreement without losing them. 

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 Number and 
Unauthorized Use” above. 

Transactions. You will retain for statement verification purposes your copy of each Purchase transaction 
receipt from Retailer. 

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 to the refund amount 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. 

Transfer and Termination of Your Account. You may not transfer your Account to any other person. We 
may assign your Account or amounts you owe on 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, but 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 Genesis FS Card Services, P.O. Box 4477, 
Beaverton, OR 97076. 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. We or another party may provide these benefits and services. Unless expressly made a part of 
this Agreement, and except as provided in the Arbitration Provision 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 

14348-1 

 
 
 
 
 
 
 
 
 
 
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 
that other parties provide or for their actions or omissions. 

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 
that  we  authorize  the  transaction  before  the  transaction  is  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 
unenforceable for any reason, the remaining provisions will remain in effect. 

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. Except as expressly set forth in the Arbitration of Disputes Provision in the Agreement, 
this  Agreement  and  the  interpretation  and  enforcement  thereof  (including  but  not  limited  to  the 
exportation of interest 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 principles. If there is any conflict between any of the terms and conditions of the Agreement and 
applicable 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 PROVISION 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  LIMITED  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  PROTECTION  UNDER  THE  FEDERAL  MILITARY  LENDING  ACT.  PLEASE  SEE  THE 
SECTION  OF  THIS  AGREEMENT  LABELED  “MILITARY  LENDING  ACT.”  IF  YOU  WOULD  LIKE  MORE 
INFORMATION  ABOUT  WHETHER  YOU  ARE  ENTITLED  TO  PROTECTION  UNDER  THE  FEDERAL  MILITARY 
LENDING ACT, YOU MAY CONTACT US AT 1-800-229-3818. 

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 
must arbitrate individually, by binding arbitration under the Federal Arbitration Act (“FAA”), any dispute 
or claim between you, 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 

14348-1 

 
 
 
 
 
 
 
 
 
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 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 SERVICER 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 LIMITED TO GENESIS, ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT A JOINT 
ACCOUNTHOLDER  WITH  YOU  (AN  “UNRELATED  ACCOUNTHOLDER”),  AND  YOU  AGREE  THAT  NO 
UNRELATED  ACCOUNTHOLDER  MAY  BRING  ANY  CLAIMS  AGAINST  US  OR  ANY  SERVICER  OF  YOUR 
ACCOUNT,  INCLUDING,  BUT  NOT  LIMITED  TO,  GENESIS,  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. 

Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding 
whether  a  particular  controversy  is  subject  to  arbitration,  or  the  applicability  or  enforceability  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, including, but not limited to, Genesis, 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 Genesis 
FS Card Services, Inc., Attn: Arbitration Demand, P.O. Box 4477, Beaverton, 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 
American  Arbitration  Association  (the  “AAA”)  under  its  rules  in  effect  at  the  time  an  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. All statutes of limitation, defenses, and attorney-client and other privileges 
that would apply in a court proceeding will apply in the arbitration.  

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 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, Beaverton, Oregon 97076. This is the only 
way you can reject this Provision. 

14348-1 

 
 
 
 
 
 
 
 
 
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 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. 

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 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 Account Purchases 

14348-1 

 
 
 
 
 
 
 
 
 
 
 
 
 
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.  The Purchase must have been made in your home state or within 100 miles of your current mailing 
address,  and  the  Purchase  price  must  have  been  more  than  $50.  (Note:  Neither  of  these  are 
necessary if your Purchase was based on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.) 

2.  You must have used your Account for the Purchase. Purchases made with cash advances from an 

ATM or with a check that accesses your Account do not qualify. 

3.  You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: 
Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076.  

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® Ashley Advantage™ Gold Account is issued by: 

First Electronic Bank 

14348-1