Pricing Information Addendum 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 
APR for Balance 
Transfers 
APR for Cash Advances 

Prime Rate plus 10.99%.   
This APR will vary with the market based on the Prime Rate. 
Prime Rate plus 10.99%.   
This APR will vary with the market based on the Prime Rate. 
Prime Rate plus 15.99%. 
This APR will vary with the market based on the Prime Rate. 
None 

Penalty APR and When 
It Applies 
Minimum Interest 
Charge 
Grace Period/Paying 
Interest 

Balance Computation 
Method 

Fees 
Annual Fee 
Transaction Fees 
   Balance Transfer 

   Cash Advance 
   Foreign Transaction 
Penalty Fees 
   Late Payment 

   Over-the-Credit Limit 
   Returned Payment 
Other Fees 
   Required Insurance, 
      Debt Cancellation or  
      Suspension Coverage 

If you are charged interest, the charge will be no less than $1.50. 

Your due date is at least 25 days after the close of each billing cycle. We will not charge you any 
interest on purchases if you pay your entire balance by the due date each month. We will begin 
charging interest on cash advances on the transaction date. 
Average Daily Balance (including new transactions)* 

$29.00  

Either $10 or 3% of the amount of each transfer, whichever is greater (maximum fee: $100).   
Waived for balance transfers at time of account opening. 
Either $10 or 3% of the amount of each cash advance, whichever is greater (maximum fee: $100). 
1% of each transaction in U.S. dollars. 

Up to $19 if balance is less than $100. 
Up to $25 if balance is $100 or more. 
None 
Up to $25. 

None 

*Average Daily Balance (including new transactions). The Interest Charge on Purchases, Balance Transfers, and Cash Advances 
is calculated using the Average Daily Balance Method (including new transactions).  Under this method, the Interest Charge for 
a billing cycle is computed by applying the monthly periodic rate to the “average daily balance” of Purchases, Balance Transfers, 
or Cash Advances, as applicable.  To calculate the average daily balance, we take the beginning balance of Purchases, Balance 
Transfers, or Cash Advances each day, add any new Purchases, Balance Transfers, or Cash Advances, and subtract any 
payments, credits, non-accruing fees, and unpaid Interest Charges applicable to Purchases, Balance Transfers, or Cash Advances 
as of their posting dates.  This gives us the daily balance.  Then we add up all the daily balances for the billing cycle and divide 
the total by the number of days in the billing cycle.     

Periodic Rate.  The monthly periodic rate is calculated by dividing the Annual Percentage Rate by 12.   

Variable Rate Disclosures. The Prime Rate used to determine your variable Annual Percentage Rate for Credit Purchases, Cash 
Advances, and Balance Transfers for the billing period ending in any month is the U.S. Prime Rate published in the Wall Street 
Journal on the 1st day (or if the 1st day is not a business day, the preceding business day) of the prior month.  If more than one 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
U.S. Prime Rate is published, the highest rate will be used. The variable Annual Percentage Rate for Credit Purchases, Cash 
Advances, and Balance Transfers will increase if the Prime Rate increases. The variable Annual Percentage Rate may increase 
once per billing cycle, and an increase in the variable Annual Percentage Rate will take effect on the first day of the billing cycle 
after the Prime Rate increases. An increase in the variable Annual Percentage Rate will result in an increase in your monthly 
periodic rate and may result in an increase in your Minimum Payment Due. 

TERMS AND CONDITIONS 

This  agreement  (“Agreement”)  contains  the  terms  and  conditions  under  which  CorTrust  Bank,  N.A.  (“Issuer”)  has 
agreed to establish a Visa® Business Account (“Account”) for you.  Please read this Agreement carefully before using 
your Card or the Account.  The word “Card” means a Visa® Card issued in connection with your Account.  The words 
“we,” “our,” and “us” refer to  Issuer, its assignees or other holders of this Agreement or  your Account.  The words 
“you”  and  “your”  mean  each  person  who  applied  for  the  Account  (“Cardholder”),  and  each  person  to  whom  Issuer 
issues a Card or who uses a Card with  your consent (an “Authorized User”).  Your application for the Account and 
your use of the Card constitute your agreement to the terms and conditions of this Agreement.  Whenever stated in this 
Agreement  that  we  may  take  certain  described  action,  this  permits  us  to  do  so  in  our  sole  discretion.    Keep  this 
Agreement  so  you  can  refer  to  it  if  you  have  any  questions  regarding  your  Account.    This  Agreement  contains  a 
binding arbitration provision.  Please see Section 23 for details regarding mandatory arbitration and your right 
to opt-out of such arbitration.   

1.    Effective  Date  of  Agreement.    This  Agreement  is  effective  when  you  or  an  Authorized  User  uses  the  Card  or 
Account or if you fail to cut your Card in half and return it to Issuer within 30 days after it is issued to you. 

2.  Joint Account.  If this is a joint account, each person who signed the application (1) may  make Credit Purchases 
and  obtain  Cash  Advances  as  defined  in  Section  3  below  (but  the  total  of  these  cannot  exceed  the  assigned  credit 
limit); (2) will be responsible for paying all amounts owed; and (3) can close the Account.  

3.  Using your Card or Account to Obtain Credit.  You may use your Card or Account to make Credit Purchases or 
obtain Cash Advances.  A “Credit Purchase” includes (a) a transaction using your Card to purchase or lease goods or 
services from one who honors the Card; (b) a balance transfer; (c) any other Account related fees; and (d) any other 
transaction that is not otherwise a Cash Advance.  A “Cash Advance” includes (a) a transaction drawing upon  your 
Account at an Automated Teller Machine (“ATM”); (b) a transaction at any financial institution drawing upon  your 
Account;  (c)  an  electronic  or  other  transfer  of  funds  initiated  by  us,  at  your  request  (i.e.,  we  sign  the  check  as  the 
drawer),  drawing  upon  your  Account;  (d)  use  of  a  check  provided  by  us  (i.e.,  you  sign  the  check  as  the  drawer) 
drawing upon your Account; (e) a transaction and the fees associated with using your Card to purchase wire transfers 
or money orders anywhere other than a bank;  and (f) any other method of obtaining a cash loan.  Your outstanding 
balance of Cash Advances may not exceed 30% of your credit limit.  Your Card cannot be used for illegal transactions.  
Use of your Card for gambling transactions (including obtaining Cash Advances for purposes of gambling), whether 
such transaction is legal or illegal, is prohibited.  Each time you use your Card, you are requesting that we make a loan 
to you for the amount of the Credit Purchase or the Cash Advance.  If you use your Account number to make a Credit 
Purchase or obtain a Cash Advance without presenting your Card (such as for a mail order or telephone purchase), the 
legal  effect  will  be  the  same  as  if  the  Card  itself  was  used  by  you.    Any  refund,  adjustment  or  credit  allowed  with 
respect  to  a  prior  Credit  Purchase  shall  not  be  made  in  cash  but  rather  shall  be  a  credit  to  your  Account.    Credit 
Purchases and Cash Advances may require Issuer’s authorization.  Issuer may limit the number and/or the maximum 
dollar amount of authorizations in a given day.  You agree that neither Issuer nor its agents shall be liable for refusing 
an authorization request. 

4.  Authorized User.   If you request that we add an Authorized User to your Account, both you and the Authorized 
User  may  make  Credit  Purchases  and  obtain  Cash  Advances  (but  the  total  of  these  Credit  Purchases  and  Cash 

 
 
 
 
 
 
 
 
Advances cannot exceed the assigned credit limit).  This is a business credit card and the applicant(s) represent that the 
account will be used only for business purposes and not for personal, family, or household purposes.  The individual(s) 
signing the application agree to be personally liable for all indebtedness incurred on this account, jointly and severally, 
with  the business in  whose name the account  is opened, including liability  for all  use of the account  or credit cards 
issued on the account by employees, except as limited by applicable law. 

5.    Property  of  Issuer;  Cancellation  Rights.    Each  Card  is  the  property  of  Issuer,  is  not  transferable  and  must  be 
surrendered  upon  demand.    Each  Card  may  be  cancelled  as  well  as  repossessed  by  Issuer  or  its  designee,  and  the 
privileges thereof revoked, at any time without prior notice.   

6.    Credit  Limit.    Cardholder  shall  not  use  or  permit  use  of  the  Card  to  make  Credit  Purchases  or  obtain  Cash 
Advances which will increase Cardholder’s indebtedness to Issuer to an amount in excess of the limit established by 
Issuer.    In  the  event  Cardholder  incurs  charges  in  amounts  exceeding  such  maximum  authorized  credit  limit, 
Cardholder  shall  pay  immediately  the  amount  by  which  the  New  Balance  exceeds  such  maximum  authorized  credit 
limit.   

7.  Monthly Statements; Minimum Payment Due; Cardholder Payments.  Issuer will send to Cardholder, at monthly 
intervals determined by Issuer, a statement reflecting all transactions on the Account for the prior monthly period.  If 
Cardholder  wishes  to  reduce  additional  Interest  Charges,  Cardholder  should  pay  the  New  Balance  shown  on  the 
monthly statement in full by the Payment Due Date.  The Minimum Payment Due is the total New Balance as shown 
on your monthly statement.   

To ensure prompt posting, payments should be sent to the address located on your statement.  Your payments must be 
made in U.S. currency only (personal check, money order, cashier’s check, or electronic funds transfer).  Do not send 
cash through the mail as we will not be responsible for cash lost in the mail.   

By making payment with a check, you are authorizing the use of the information on your check to make a one-time 
electronic debit (electronic presentment) from the account on which the check is drawn.  This electronic debit, which 
may be posted to your account as early as the date your check is received, will be only for the amount of your check.  
If  you  have  any  questions  regarding  opting  out  of  electronic  presentment,  call  the  customer  service  number  at  605-
996-0554.  If your check is returned unpaid for insufficient or uncollected funds, we may  also re-present your check 
electronically.   

8.  Calculation of Interest Charges.   

Credit  Purchases.    The  Interest  Charge  on  Credit  Purchases  is  calculated  using  the  average  daily  balance  method, 
including new transactions.   Under this method, the  Interest  Charge  for a billing cycle is  computed by applying the 
monthly Periodic Rate to the “average daily balance” of Credit Purchases.  The monthly Periodic Rate is calculated as 
set  forth  in  Section  9  below.    To  calculate  the  average  daily  balance,  we  take  the  beginning  balance  of  Credit 
Purchases each day, add any new Credit Purchases, and subtract any payments, credits, non-accruing fees, and unpaid 
Interest Charges applicable to Credit Purchases as of their posting dates. This gives us the daily balance.  Then we add 
up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. 

Paying  Interest  on  Credit  Purchases.    To  avoid  incurring  an  additional  Interest  Charge  on  the  balance  of  Credit 
Purchases  reflected  on  your  monthly  statement  and  on  any  new  Credit  Purchases  appearing  on  your  next  monthly 
statement, you must pay the New Balance shown on your monthly statement on or before the Payment Due Date.  The 
grace period for the New Balance of Credit Purchases extends to the Payment Due Date.   

Cash  Advances.    The  Interest  Charge  on  Cash  Advances  is  calculated  using  the  average  daily  balance  method, 
including new transactions.   Under this method, the  Interest  Charge  for a billing cycle is  computed by applying the 

 
 
 
 
 
 
 
 
 
 
monthly Periodic Rate to the “average daily balance” of Cash Advances.   The monthly Periodic Rate is calculated as 
set forth in Section 9 below.  To calculate the average daily balance, we take the beginning balance of Cash Advances 
each  day,  add  any  new  Cash  Advances,  and  subtract  any  payments,  credits,  non-accruing  fees,  and  unpaid  Interest 
Charges applicable to Cash Advances as of their posting dates.  This gives us the daily balance.  Then we add up all 
the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.     

Paying Interest on Cash Advances.  An Interest Charge on Cash Advances will be imposed from the date you obtained 
the Cash Advance, or the first day of the billing cycle in which the Cash Advance posted to your Account, whichever 
is later.  There is no grace period on Cash Advances.   

Balance Transfers.  The Interest Charge on Balance Transfers is calculated using the  same method used to calculate 
Interest Charges on Credit Purchases, as described above. 

Paying Interest on Balance Transfers.  A Balance Transfer will be treated as a Credit Purchase. You will pay Interest 
Charges on Balance Transfers in the same manner you pay Interest Charges on Credit Purchases, as described above. 

9.  Periodic Rate; Annual Percentage Rate.   

Periodic  Rate.    To  calculate  Interest  Charges,  we  multiply  the  average  daily  balance  by  the  monthly  Periodic  Rate.  
The  monthly  Periodic  Rate  is  calculated  by  dividing  the  Annual  Percentage  Rate  by  12.    For  more  information 
regarding the Annual Percentage Rate and monthly Periodic Rate for Credit Purchases, Cash Advances, and Balance 
Transfers, please refer to the attached Pricing Information Addendum.  In any billing cycle when you are subject to an 
Interest Charge and the Interest Charge as computed above is less than $1.50, you will be billed a minimum Interest 
Charge of $1.50. 

Variable  Rate  Disclosures.  The  Prime  Rate  used  to  determine  your  variable  Annual  Percentage  Rate  for  Credit 
Purchases, Cash Advances, and Balance Transfers for the billing period ending in any month is the U.S. Prime Rate 
published in the Wall Street Journal on the 1st day (or if the 1st day is not a business day, the preceding business day) 
of the prior month.  If more than one U.S. Prime Rate is published, the highest rate will be used. The variable Annual 
Percentage Rate for Credit Purchases, Cash Advances, and Balance Transfers will increase if the Prime Rate increases. 
The  variable  Annual  Percentage  Rate  may  increase  once  per  billing  cycle,  and  an  increase  in  the  variable  Annual 
Percentage Rate will take effect on the first day of the billing cycle after the Prime Rate increases. An increase in the 
variable Annual Percentage Rate will result in an increase in your monthly Periodic Rate and may result in an increase 
in your Minimum Payment Due. 

10.  Other Finance Charges and Fees.   

Cash Advance Fee.  We will impose a Cash Advance Fee of 3% of the amount of the Cash Advance for each Cash 
Advance.  This fee will not be less than $10 or more than $100.   

Annual Fee.  We will impose an Annual Fee of $29 on your Account for membership in the credit card plan.  We will 
charge the Annual Fee to your Account during the first billing cycle of your Account and in the same billing cycle of 
each year thereafter.  

Late  Payment  Fee.  You  will be charged  a  Late  Payment  Fee in  any billing period in  which  you  fail to  pay, by the 
Payment Due Date, the New Balance.  When imposed, the amount of the Late Payment Fee will vary based on your 
Account balance as follows:  (i) Up to $19 on balances less than $100 and (ii) Up to $25 on balances of $100 or more.   

 
 
 
 
 
 
 
 
 
 
 
  
Balance  Transfer  Fee.  We  may  impose  a  Balance  Transfer  Fee  of  3%  of  each  balance  transferred  to  your  Account.  
This  fee  will  be  not  less  than  $10  or  more  than  $100.    We  may  also  waive  the  Balance  Transfer  Fee  for  balance 
transfers at time of account opening. 

Duplicate Statement Fee.  If you request a duplicate copy of your monthly statement, a charge of $2 per statement may 
be assessed to your Account.   

Rush Delivery Fee.  If you request special, expedited processing of your application to open a new Account or request 
a new Card on your Account, we may impose a Rush Delivery Fee of $25 on your Account.   

Returned Payment Fee.  If a check, electronic funds transfer, telephone authorized draft, or similar payment method 
submitted  as  payment  is  returned  for  any  reason,  a  Returned  Payment  Fee  of  up  to  $25  may  be  assessed  to  your 
Account.   

Foreign Transaction Fee.  If you conduct an international transaction using your Account, we may impose a Foreign 
Transaction  Fee  of  1%  of  the  U.S.  dollar  amount  of  the  transaction,  regardless  of  whether  the  transaction  was 
originally made in U.S. dollars or converted from a foreign currency. 

11.  Security Interests.  If you have other loans from Issuer, or take out other loans with Issuer in the future, collateral 
securing  those  loans  will  also  secure  your  obligations  under  this  Agreement.    However,  unless  you  expressly  agree 
otherwise, your household goods and primary dwelling will not secure your obligations under this Agreement even if 
Issuer has or later acquires a security interest in the household goods or a mortgage on the dwelling.   

If  you have executed a written agreement  granting a security interest  in  any deposit  accounts (checking, savings, or 
share  accounts)  or  other  funds  held  by  Issuer  to  secure  your  obligations  under  this  credit  card  plan,  such  accounts 
and/or funds are additional security for your obligations to Issuer arising from the use of your Card.   

12.    Default/Immediate  Payment  of  All  Amounts  Owed.    The  Account  balance  will,  at  Issuer’s  option,  become 
immediately due and payable, without notice, in the event that (a) Cardholder dies or becomes bankrupt or insolvent, 
or (b) Cardholder fails to make payments due on the Account, incurs charges for Credit Purchases and Cash Advances 
which  exceed  the  maximum  authorized  credit  limit,  or  otherwise  breaches  this  Agreement,  or  (c)  Issuer  receives 
information  which  causes  it  to  believe  Cardholder  is  unwilling  or  unable  to  perform  under  this  Agreement,  or  (d) 
attachment  or  garnishment  proceedings  are  instituted  against  Cardholder.    Failure  by  Issuer  to  assert  any  rights 
hereunder shall not waive such rights.   

13.    Closing  Your  Account.    Cardholder  may  close  the  Account  at  any  time.    Simply  notify  Issuer  in  writing,  stop 
using the Account and destroy the Cards.  Issuer can also close the Account at any time and for any reason.  Issuer will 
notify  Cardholder  in  writing  before  the  closing  is  to  become  effective  unless  Issuer  has  accelerated  payment  of  the 
entire balance of the Account.  If Issuer closes the Account, you agree to destroy your Cards.  No matter who closes 
the Account, Issuer will keep all rights it has and you will still have to repay the Credit Purchases and Cash Advances 
made on your Account, even if made after the Account has been closed, together with Interest Charges and any other 
charges on the Account.   

14.  Attorney’s Fees.  Unless prohibited by law or as provided in the arbitration agreement set forth below in Section 
23, Cardholder agrees to pay all costs incurred by Issuer in collecting Cardholder’s indebtedness or in enforcing this 
Agreement,  including  attorney’s  fees  and  costs,  as  well  as  those  costs,  expenses  and  attorney’s  fees  incurred  in 
appellate, bankruptcy and post-judgment proceedings, except to the extent such costs, fees or expenses are prohibited 
by law.    

 
 
 
 
 
 
 
 
 
 
 
15.  Applicable Law.  This Agreement is entered into in the State of South Dakota where the decision to grant credit 
will be made and payments will be received.  Therefore, this Agreement is governed by and should be interpreted in 
accordance with  federal  law, and to  the extent not  pre-empted, the laws  of the State of South  Dakota, regardless  of 
your state of residence, and without reference to conflict of law provisions.   

16.  Lost or Stolen Cards.   You may be liable for unauthorized use of your Card.  If your Card is lost or stolen or you 
suspect that someone is using your Account without your permission, you should immediately notify us.  You can call 
866-604-0381.  You can also notify us in writing at Credit Card Security Department, P.O. Box 30035, Tampa, Florida 
33630.    If  this  is  a  business  account  for  which  less  than  10  cards  have  been  issued,  your  maximum  liability  for 
unauthorized use will not  exceed $50.   If 10 or  more cards are issued  for use by  employees of a single business  or 
other  organization,  there  is  no  limit  to  your  liability  for  any  unauthorized  use  that  occurs  before  you  notify  us  as 
provided herein; the business or organization may only impose liability on its employee for unauthorized use of a card 
as  authorized  by  federal  law  and  regulation.    You  will  not  be  liable  for  any  unauthorized  use  that  occurs  after  you 
notify  us  of  the  loss,  theft,  or  possible  unauthorized  use.    In  any  event,  your  liability  for  unauthorized  use  will  be 
nothing unless negligence, untimely reporting of the loss, or fraud is shown.  If you allow someone to use your Card or 
make charges to  your Account,  you can terminate this user’s authority by retrieving the Card and returning it to us.  
Until you do, you remain liable for any use by the Authorized User.   

17.    Monitoring.    In  order  to  maintain  quality  service  in  its  authorizations,  security,  customer  service  and  other 
departments that have need to communicate with Cardholder from time to time, Issuer or its agents may monitor any 
telephone  communication  between  Issuer’s  or  its  agent’s  employees  in  those  departments  and  Cardholder,  without 
further notice or disclosure.   

18.    Irregular  Payments  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.   

19.  Modifications to Agreement/Waiver.  We may change any term of this Agreement, including the rate at which or 
manner  in  which  Interest  Charges  are  calculated,  as  permitted  by  law  upon  notice  to  you.    For  the  changes  in  the 
Agreement  terms  write  to:    CorTrust  Bank,  P.O.  Box  1246,  Mitchell,  South  Dakota  57301.    Issuer  may,  in  its  sole 
discretion, waive imposition of the fees referenced in this Agreement; however, Issuer shall have no obligation to do 
so, and any such waiver shall be limited to  the  particular instance or transaction involved and shall not  constitute a 
waiver or authorize the non-observance of the same or any other provision of this Agreement on any other or future 
occasion.   

20.  Notices.  Any notice Issuer sends Cardholder will be considered effective when it is delivered personally to you or 
mailed, postage prepaid, to the last address we have for Cardholder in our records.  Notice from you will be considered 
effective  when  Issuer  receives  it  at  the  address  shown  in  the  previous  section.    If  this  is  a  joint  account,  Issuer  can 
notify one of you and the notice will be effective for both of you.  Similarly, one of you can notify Issuer and Issuer 
will consider it to be notice from both of you.   

21.  Visa Rules and Regulations; Conflicts.  You and Issuer agree to abide by all applicable rules and regulations of 
Visa  U.S.A.,  Inc.  (“Visa”),  as  well  as  all  applicable  laws.    If  there  is  any  conflict  between  the  provisions  of  this 
Agreement and the rules and regulations of Visa, the rules and regulations of Visa shall control.   

22.  Foreign Currency Conversion.  If you make a transaction with your VISA® Account in a currency other than U.S. 
dollars, VISA® will convert the charge into a U.S. dollar amount using either (a) a rate selected by VISA® from the 

 
 
 
 
 
 
 
 
range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary 
from  the  rate  VISA®  receives,  or  (b)  the  government-mandated  rate  in  effect  for  the  applicable  central  processing 
date.  The exchange rate used by VISA® for a particular transaction is the rate VISA® selects on the processing date 
and may differ from the rate on the date the transaction occurred or the rate on the date the transaction is posted to 
your Account.  If you conduct an international transaction using your Account, we may impose a Foreign Transaction 
Fee as set forth in Section 10. 

23.  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, 
PROVIDED  THAT  EITHER  YOU  OR  WE  MAY  BRING  A  CLAIM  IN  SMALL  CLAIMS  COURT.  
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  claim  or  controversy  of  any  kind  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  the  opening  of  this  Account  and  whether  or  not  a  credit  card  is  issued),  based  on  any  legal  or 
equitable theory (contract, tort, 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 a federal 
or  state  constitution,  statute,  ordinance,  regulation,  or  common  law,  and  any  issue  concerning  the  validity, 
enforceability or scope of this arbitration agreement.  

For purposes of this arbitration provision, the terms “you” and “your” include any co-signer, co-obligor, guarantor or 
Authorized  User  and  also  your  heirs,  guardian,  personal  representative  or  trustee  in  bankruptcy.  The  terms  “we,” 
“our,”  and  “us”  include  our  employees,  officers,  directors,  members,  managers,  attorneys,  affiliated  companies, 
predecessors and assigns, as well as our marketing, servicing and collection representatives and agents.  

Choice  of  Arbitrator.    The  party  filing  an  arbitration  must  choose  either  of  the  following  arbitration  firms  for 
initiating  and  pursuing  an  arbitration:    the  American  Arbitration  Association  or  JAMS  (formerly  known  as  Judicial 
Arbitration  and  Mediation  Services,  Inc.).    If  you  claim  you  have  a  Dispute  with  us,  but  you  do  not  initiate  an 
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 an arbitration by contacting them as follows: 

American Arbitration Association 
335 Madison Avenue, Floor 10 
New York, NY  10017-4605 
Website:  www.adr.org 

JAMS 
1920 Main Street, Suite 300 

 
 
 
 
 
 
 
 
Irvine, CA 92614 
Website:  www.jamsadr.com 

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. 

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 rules 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. 

What Arbitration Costs. If you initiate the arbitration, you will be responsible for the first $50 of filing fees and other 
costs or fees, and we will pay the balance of the filing fee and any costs or fees charged by the arbitrator above the first 
$50.  If you cannot afford to pay the first $50, we may pay this in our discretion.  If we initiate the arbitration, we will 
pay the filing fee and any costs or fees charged by the arbitrator. Unless prohibited by law, the arbitrator may award 
fees, costs and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.  

Location  of  Arbitration.  Unless  you  and  we  agree  to  a  different  location,  the  arbitration  will  be  conducted  in  the 
same city as the United States 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  is  to  be  determined  solely  by  a  court  of  competent  jurisdiction  and  not  by  the  arbitration 
firm or arbitrator.  If the court, or an arbitration firm or arbitrator, refuses to enforce the class-wide arbitration waiver 
or otherwise refuses to enforce this Agreement, 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. 

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.  Any  appeal  of  a  judgment  from  a 
small claims court shall be resolved by binding arbitration de novo (i.e. upon a fresh review of the facts). 

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. 

Other Provisions.  This arbitration provision will survive: (i) termination or changes in this Agreement, the Account, 
or the relationship between you and us concerning the Account; (ii) the bankruptcy of any party; and (iii) any transfer, 
sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity.  

 
 
 
 
 
 
 
 
 
Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of 
this section, you must advise us in writing at the following address within 30 days of when we mail this Agreement to 
you:    CorTrust  Bank,  N.A.,  P.  O.  Box  1246,  Mitchell,  SD    57301.    Clearly  print  or  type  your  name  and  Account 
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  30  days  after  the  date  this  Agreement  was  provided  to  you  or  your 
rejection of arbitration will not be effective.  

24.    Severability.    If  any  provision  of  this  Agreement,  including  any  portion  of  the  arbitration  agreement  set  forth 
above in  Section 23, is  determined to  be invalid or unenforceable under  any  rule, law, or regulation, the validity or 
enforceability  of  any  other  provision  of  this  Agreement  shall  not  be  affected,  and  in  lieu  of  such  invalid  or 
unenforceable provision there shall be added automatically, as part of this Agreement, a provision as similar in terms 
as may be valid and enforceable, if possible.  Notwithstanding the foregoing, if a class action litigation or a class-wide 
arbitration is permitted for any reason, either party may require that the entire Dispute, as defined in Section 23 above, 
be heard by a judge, sitting without a jury, under applicable court rules and procedures.   

25.   Venue and Jurisdiction.   In the event  any Dispute is  not subject  to  arbitration,  you consent  to  be subject  to  the 
jurisdiction  and  venue  of  the  Circuit  Court  located  in  Minnehaha  County,  South  Dakota,  and  agree  that  such  court 
shall be the sole and exclusive jurisdiction and venue of all Disputes. 

YOUR BILLING RIGHTS 
KEEP THIS DOCUMENT FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find a Mistake On Your Statement 

If you think there is an error on your statement, write to us at: 

Customer Service 
PO BOX 30495 
TAMPA, FL  33630 
You may also contact us on the Web: 
www.MyCardStatement.com 

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 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 [or electronically].  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  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 impose Interest Charges 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  Interest Charges 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 Charges and fees. We will send you a statement of the amount you owe and the date payment is due. 
We may then report you as delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that 
you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning 
your  bill.  We  must  tell  you  the  name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those 
organizations know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your 
bill is correct. 

Your Rights if You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your Card, and you have tried in good 
faith to correct the problem with the merchant,  you may have the right not to pay the remaining amount due on the 
purchase. 

To use this right, all of the following must be true: 

1.  The purchase must have been made in  your home State or within 100 miles of your current mailing address, 
and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase 
was  based  on  an  advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the  goods  or 
services.) 

2.  You must have used your Card 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  [or 
electronically] at: 

Customer Service 
PO BOX 30495 
TAMPA, FL  33630 

 
 
 
 
 
 
 
 
 
www.MyCardStatement.com  

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. 

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