CREDIT  CARD AGREEMENT 

This agreement contains the terms and conditions that govern your 1st Financial  Bank  USA (Bank) Mastercard® or 
Visa® credit card account.  The first time you or someone you authorize uses your credit card account to purchase 
goods or services or to get a cash advance means that you have accepted this agreement and you will be responsible 
for all authorized use of the account.  Any authorized user of the account agrees to comply  with the terms of this 
agreement and is jointly liable  with you for his or her use of the account. 

PURCHA SES:  You can use your credit card to purchase goods and services at participating merchants, subject to 
your available credit.  We will  add the amount of each purchase to a part of your account we call  purch ases. 

CASH ADVANCES:  You  can obtain cash advances in  any of the fo llo wing three  ways, subject to your available 
credit: using your credit card at a designated automated teller machine (ATM), presenting your credit card to a bank 
displaying a Mastercard® or Visa® sign, or using convenience checks that we may issue to you.  By using an ATM, 
with a Personal Identification Nu mber (PIN) that has been issued to you, you can obtain cash advances (loans) up to 
the  limitations  described  herein,  and  subject  to  applicable  ATM  cash  availability  and  regulations.  We  add  the 
amount of each cash advance to the part of your account we call cash advances. You can obtain cash advances  up to 
an  aggregate  amount  of  $1,010  in  any  calendar  day  beginning  at  12:00  midnight  (Central  Time)  and  ending  at 
11:59:59 p.m.  (Central Time) by presenting your credit card at any bank displaying a Mastercard or Visa sign or at 
an ATM, subject to the limitations stated in this agreement and further subject to applicable cash availability and the 
regulations of the bank or the ATM operator. Notwithstanding the foregoing, the amount of any cash advance that 
you may obtain during a single transaction fro m an ATM cannot exceed $510.  You may use convenience checks we 
may  issue  to you  in  connection  with  your  account to  obtain  cash  advances up to  your  available  credit.    We  may 
dishonor any check if your account is delinquent, it would  cause your account to exceed your cred it limit, or you are 
otherwise in  violat ion of any provision of this agreement.    You   may stop payment on a convenience check  if we 
have not paid the check and we receive your stop payment request by 5:00 p.m. Central Time on the business day 
prior to the business day on which we receive your check.   If we do not receive your stop payment  request by the 
time  specified  in  this  agreement,  we  are  not  required  to  stop payment  on  the  check.    You  may  notify  us  to stop 
payment orally or  in  writing.   You  may  be required to send written confirmation of an oral stop payment request 
within  14 days.  Your written stop payment request expires in  six months from receipt by us of written confirmation 
unless you renew it in writing.    

BA LANCE TRANSFERS:  You  can transfer balances fro m other credit  card  accounts to  your account up to your 
available credit  by using convenience checks that we may issue to you.  Balances that you transfer fro m other cred it 
card accounts will  be treated as a cash advance for purposes of this agreement.    

MONTHLY STATEM ENTS: The  Bank  will send you a statement at the end of each monthly statement period on 
which  there  is  a  debit  or  credit  balance  of  mo re  than  $1  or  on  which  interest  charges have  been  imposed.    The 
statement  will  show  all  transactions,  the unpaid  balance  on  your  account  (called  “ New  Balance”),  your  available 
credit  (your  credit  limit  less  the  New  Balance),  the  Min imu m  Pay ment  Due,  the  Total  Pay ment  Due  and  the 
Minimum  Payment Due Date. 

PA YING  INTEREST :  Your  M inimu m  Pay ment  Due  Date  will  be  at  least  21  days  after  the  close  of  each  billing 
cycle.  We  will  not  charge  you  any  interest  on  purchases  first  appearing  on  your  current  billing  statement  (new 
purchases), or any portion thereof, paid  by the Minimu m Pay ment Due Date shown on that statement if you paid the 
New Balance on your previous billing statement in full by the Min imu m Pay ment Due Date shown on that statement.  
We will  begin charging interest on cash advances and balance transfers on the transaction date.  

CREDIT  LIM IT: The  Ban k assigns you a credit  limit  when your account is approved.   You pro mise not to allo w 
your unpaid balance to exceed your credit limit.   If  we allo w you to make a purchase and/or obtain a cash advance 
which  causes  your  balance  to  exceed  your  credit  limit,  you  agree  to  pay  the  Bank  the  excess  immediately.  
Permitting you to exceed your credit  limit does not prevent the Bank fro m enforcing your credit line  in the future.  
The Bank  may  increase your credit  limit fro m t ime to t ime, at your request or upon review of your account.  The 
Bank will  notify you in writing  if your credit limit  is lowered  for any reason. 

YOUR  PA YM ENT  PROM ISE:  You  agree  to  pay  the  Bank  for  all  purchases  and  cash  advances  made  on  your 
account, together with interest charges when such charges are applicable according to the terms of this agreement. 

 MAKING PA YM ENTS: The M inimu m  Pay ment Due on each statement will be equal to  the sum o f all past due 
amounts plus the current billing cycle pay ment. The Total Payment  Due on each statement will be equal to the sum 
of the Minimu m Pay ment Due plus the amount by which your balance  exceeds the credit limit and in no event will 
exceed the New Balance. The current billing cycle payment  will be equal to 1% of the New Balance shown on that 
statement (excluding any interest charge and late fee assessed for that billing cycle and, if applicable, one-twelfth of 
any annual fee assessed to your account) plus any interest charge and late fee assessed for that billing cycle plus, if 
applicable, one-twelfth of any annual fee assessed to your account. The Minimu m Pay ment Due will not be less than 
$25,  unless  the  entire  New  Balance  or  the  interest  charges  on  your  account  are  less  than  $25,  in  which  case  the 
Minimu m Pay ment Due will be equal to the entire New Balance.  If the entire New Balance is greater than $25 and 
consists  only  of  interest  charges,  the  Minimu m  Pay ment  Due  will  be  equal  to  the  interest  charges.  For  each 
Minimu m  Pay ment Due that is greater than $25, the Min imu m Pay ment  Due  will be  rounded to the next  highest 
whole dollar.   Cred its to your account which result fro m credits in it iated by merchants from  who m you purchased 
goods or services using your credit card or credits issued by the Bank shall not constitute a payment.    If you pay 
more  than  the  Min imu m  Pay ment  Due,  the  excess  is  credited  to  your  account,  and  your  balance  is  reduced 
accordingly.   

The Ban k may not require you to make the M inimu m Pay ment Due during certain  designated billing cycles.  When 
the Bank offers you this skip-pay ment option, and you do not make the  Min imu m  Pay ment Due during any billing 
period, interest charges will  continue to apply to your account as provided in this agreement.   

 
 
 
 
 
 
 
 
 
 
 
IRREGULA R  PA YM ENTS:  The  Bank  may   accept  late  payments,  partial  pay ment,  or  checks  or  money  orders 
labeled “payment in full”  without losing its rights under this agreement. 

APPLYING PA YM ENTS: Any pay ment received  in  excess of the M inimu m Pay ment Due will be allocated first to 
the balance bearing the highest annual percentage rate and then to each successive balance bearing the next highest 
rate until the excess payment is exhausted.  The amount of any pay ment received that is equal to or  less than the 
Minimu m  Pay ment  Due  and  credits  will  be  allocated  in   the  manner  we  determine.   In   most  instances,  we  will 
allocate such payments and credits to balances with lower  annual percentage rates before balances with higher rates. 

CREDITING  PA YM ENTS: Pay ments received by 5:00 p.m. (Central Time) will be credited to your account as of 
the  date  of  receipt  if  received  in  readily  identifiable  form  in  the  specified  manner  and  at  the  specified  location.  
Payments  received  after  5:00  p.m.  (Central  Time)  will  be  credited  to  your  account  as  of  the  next  calendar  day  if 
received in readily  identifiable  form  in the specified manner and at the specified location.    

PROCESSING  PA YM ENTS:  The  Bank  may  process payments  made  by  check  electronically  by  transmitting  the 
routing  number,  account  number  and  check  serial  nu mber  to  your  bank.    The  Bank  may  also  electronically  re -
present checks that are returned for insufficient or uncollected funds. 

INTEREST  CHARGES:  The  Bank  figures the interest charge on your account by multiply ing the applicable daily 
periodic rate to the “Average Daily Balance” of purchases and “Average Daily  Balance” of cash advances, and then 
mu ltip lying the products by the number of days in the billing cycle.  The annual percentage rate  is shown on the 
monthly statement for the billing period covered by each statement.  The “Average Daily Balance” of purchases and 
cash advances is computed separately as follows:     

For Purchases–Average Daily  Balance (including  New Purchases): To get the “Average Daily  Balance,” the  Bank 
starts  with  the  beginning  balance  of  purchases  on  your  account  each  day,  including  billed  and  unpaid  interest 
charges related to purchases, and adds any new purchases  on which interest is charged and other debit adjustments 
and subtracts any payments or credits.   This gives the  Bank the daily balance.  At the end of each day, the  Bank 
mu ltip lies the daily balance by the daily  periodic rate.  The result is then added to the daily balance to determine the 
next day’s beginning balance.   If the daily balance  is negative, then it is considered to be zero.  At the end of the 
statement period, the  Bank adds up all the daily balances for the billing cycle and d ivides by the total numb er of 
days  in  the  billing  cycle  to  get  the  “Average  Daily  Balance.”  Th is  method  of  calculat ing  the  “Average  Daily 
Balance” involves daily compounding of  interest charges. 

For  Cash Advances–Average Daily   Balance  (including New Advances):  To get the “Average Daily  Balance,” the 
Bank  starts  with  the  beginning  balance  of  cash  advances  on  your  account  each day,  including  billed  and  unpaid 
interest charges related to cash advances, and adds any new advances and other debit adjustments and subtracts any 
payments or credits.  This gives the Bank the daily balance.  At the end of each day, the Bank  mult iplies the daily 
balance by the daily periodic rate. The result is then added to the daily balance to determine the next day’s beginning 
balance.  If the daily balance is negative, then it  is considered to be zero.   At the end of the statement period, the 
Bank adds up all the daily balances for the b illing cycle and d ivides by the total nu mber of days in the billing cycle 
to  get  the  “Average  Daily  Balance.”  This  method  of  calculating  the  “Average  Daily   Balance”  involves  daily 
compounding of interest charges. 

There is no time  in which you can pay the balance of cash advances in order to completely  avoid interest charges. 

Interest Rate Adjustments:  The Annual Percentage Rate (“APR”) is a variable rate (other than on purchases for the 
period fro m the date your account is open until the last day of the  12th billing  cycle after your account is open) and 
will be adjusted according to the Index Rate. The Index Rate is the  Prime Rate published in The Wall Street Journal 
on the last business day of the month immediately  preceding the month in  which the b illing cycle co mmences.  The 
daily periodic rate is determined by d ividing  the APR currently in  effect  by 365, and then trun cating that number to 
the nearest one hundred thousandth percent.  The rate so determined will  remain in effect until the first day of the 
next billing  cycle, when it will  be adjusted again. 

The APR  is 0% on  purchases for the period fro m the date your account is open until the last day of the  12th b illing 
cycle  after  your  account  is  open  (promotional  period).  This  is  a  daily  periodic  rate  of  0%.  The  APR  is  26.65 
percentage  points  above  the  Index  Rate  on  purchases  after  the  last  day  of  the  pro motional  perio d   and  on  cash 
advances.  This APR as of the date set forth below is 29.9%,  which  is a daily periodic  rate of .08191%.  The APR 
(other than during the pro motional period) will increase if there is an increase in the Index Rate.  An increase in the 
Index Rate may result in an increase in the minimu m monthly payment. The APR (other than during  the promotional 
period) will  decrease if  there is a decrease in the Index Rate.         

The  APRs  will  never  be  increased  above  the  maximu m  rate  permitted  by  law.  The  foregoing  APRs  and  daily 
periodic  rates  are  based  on  the  Index  Rate  as  of  September  30,  2021,  and  are  estimates.  To  obtain  each  APR 
currently in effect, call  the Bank  (toll-free)  at 1-800-733-1732.   

There is a minimum  interest charge of 50¢  for each billing  period in which an interest charge is imposed. 

CASH ADVA NCE  FEE:   For each cash advance obtained, or recorded during  a billing period, by presenting your 
credit card at any bank or other financial  institution displaying the  Mastercard or Visa sign, by using a convenience 
check that we  may  issue to you, or by using an ATM, you  may be charged a   fee by  us of the greater of $3 or 3 
percent  of  the amount  of  such  advance  and  may  also  be  charged  a  fee  by the  other  bank,  financial  institution  or 
ATM  operator.  For  the  purchase  of  any  foreign  currency,  money  order,  wire  transfer,  person -to-person  money 
transfer, or other item that is directly  convertible to cash made using your credit card, you may also be charged a  fee 
of the greater of $3 or  3 percent of the amount of such transaction. This fee as well as any fee charged by another 
bank, financial institution or ATM operator will be added to your cash advance balance. If a fee charged by another 
bank, financial  institution or ATM operator causes the amount of an  advance to exceed the applicable  limit,  it will 
be declined.   

 
 
 
 
 
   
 
 
 
 
 
 
LATE PA YM ENT  FEE: If the Minimu m Pay ment Due is not received by the Bank by the Minimu m Pay ment Due 
Date, you may be charged a late payment fee of up to $29 for the first late pay ment and up to $40 fo r any additional 
late payment that occurs during the next six b illing cycles  after a late payment.  Notwithstanding the foregoing, in no 
event shall such fee exceed the amount of the  Minimu m  Pay ment Due immed iately prior to the assessment of such 
fee,  which   may  include any past due amount fro m prio r b illing cycles.    This  fee  will be added to your purchases 
balance.  

RETURNED  PA YM ENT  FEE:  If  a  payment  of  any  type  (including  without  limitation  pay ment  by  check  or 
electronic  funds transfer)  made to  your account is returned or otherwise not honored for any  reason, you may  be 
charged a fee of up to $29 for the first  returned payment and up to  $40 fo r any addit ional  returned payment that 
occurs during the next six billing cycles  after a returned payment.  Notwithstanding the foregoing, in no event shall 
such fee exceed the amount of the M inimu m Pay ment Due immediately prior to the date on wh ich the pay ment was 
returned to us or otherwise not honored.  This fee will  be added to your purchases balance.  

REPLA CEM ENT  CA RD FEE:   If your card  is lost or stolen and/or you request that a new card be issued to you, 
you may be charged a fee of $10.   If you request that a new or replacement card be issued to you on an expedited 
basis, you may be charged a fee of $25.   These fees will  be added to your purchases balance. 

ANNUAL M EMBERSHIP FEE: Following the last day of the twelfth (12th) b illing cycle after your account is open, 
you may be charged an annual fee of $25 if your credit  limit  is less than $1,000 and $55 if your credit  limit  is equal 
to or greater than $1,000.   This fee will  be added to your purchases balance. 

COPY FEE:  For each copy of any statement or sales, refund, or cash advance slip you request from the  Bank, you 
may be charged $3.   This fee will  be added to your purchases balance. 

CREDIT  LIFE  INSURANCE:  Credit  life  insurance is not required. 

LIMITS ON  CARD  USE:  The  Bank  is not required to authorize a purchase or cash advance if:  (1) it  would cause 
your balance to exceed your cred it  limit;   (2) payment of your entire balance has been accelerated;  (3) your cred it 
card has expired; (4) we have revoked your right to use your credit card; or  (5) your account has been closed.  Any 
purchase or cash advance authorized  by the Ban k, even if the Bank is not required to, will be governed by the terms 
and conditions of this agreement.  Your  credit card may not be used for any illegal  transaction. 

COLLECTION COSTS:  If your account is more than thirty (30) days delinquent, the Bank may  refer your account 
to collection,  including the  Bank’s own collection depart ment, and you agree to pay all co llect ion costs, including 
reasonable attorney’s fees and, as liquidated damages, the sum of  $100 to co mpensate the Bank  for the additional 
costs incurred in  collection.  It is exp ressly agreed that the exact amount of collection costs are difficult  to ascertain 
and that $100 represents the Ban k’s best estimate of th is cost and not a penalty.  This amount will be added to your 
purchases balance. 

JOINT A CCOUNT:   If this is a joint account, each person who signed the application (1)  may obtain purchase and 
cash advances (but the total of these cannot exceed the credit limit);  (2) will be responsible for paying all amounts 
owed; and (3) can close the account. 

AUTHORIZED  USER:    You  may,  with  the  Bank’s  permission,  designate  one  or  more  other  persons  as  an 
“Authorized  User” o f your account.  If you do so, you will be responsible for all purchases, cash advances, fees and 
interest charges resulting fro m such authorized use.  The Authorized User shall also be responsible for all purchases, 
cash advances, fees and interest charges resulting fro m his or her use of the account but the Bank is not required to 
seek  recovery  fro m  the  Authorized  User  before  requiring  pay ment  by  you.    If  you  decide  to  terminate  another 
person’s authorized use of your account the Bank  must receive written notice fro m you together with the return of 
all cred it cards issued to such person, cut in half.   You  remain  responsible  for pay ment of the  purchases made or 
cash advances taken by the Authorized User up to the time the Bank receives your notice and the credit card(s).  In 
addition,  the  Bank  may  but  is  not  required  to  close  your  existing  account  and  issue you  a new  card  and  account 
number.   

TRANSFER or ASSIGNM ENT: Your rights under this agreement belong to you only and may not be transferred or 
assigned.  Your  obligations, however, are binding upon your heirs and legal representatives. 

SECURITY AND SET-OFF: This account is unsecured.  The Bank waives its right of set-off as well as any security 
interest the Bank  may have for this account under any other agreement with you. 

AUTHORIZATIONS: Purchases and cash advances may  require the Bank’s authorizat ion.  The Ban k may limit  the 
number and/or the maximu m dollar amount of authorization  in  a g iven day.  You agree that neither the Bank nor its 
agents shall be liable  for refusing an authorization request. 

REFUSING A  CREDIT  CARD: The  Bank  will not be legally  responsible  in any  way  if anyone refuses to accept 
your credit card. 

NOTICES: Any notice sent by the Bank will be considered effective when it is delivered personally to you or mailed, 
postage prepaid to the last address the Bank has for you in its records.  Notice fro m you will be considered effect ive 
when the Bank receives it at the address shown on this agreement.  If this is a jo int account, the Bank can notify one 
of you and the notice will be effect ive for both of you.  Similarly, one of you can notify the Bank and the Bank will 
consider it to be notice from  both of you. 

CHANGING THIS A GREEM ENT:  The Bank  may change this agreement at any time  without prior notice, except 
where such notice is required by applicable Federal or South Dakota law, including, without limitat ion, changing the 
interest rates and the way the Bank computes interest charges or the Minimum  Payment Due.  

 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
CLOSING  YOUR A CCOUNT/ENTIRE  BA LANCE  IMMEDIATELY  DUE:  You  may close your account at any 
time.   Simp ly notify the  Bank  in  writing, stop using your account and destroy your credit card(s).   The  Bank  may 
also close your account at any time  it deems necessary.  If the  Bank closes your account for any of the following 
reasons, your entire balance will be immediately due and payable, without notice or demand by us:  (1) you  miss a 
payment; (2) you break any of your p ro mises under this agreement or any other agreement you made with the Ban k; 
(3)  anything  you  told  the  Bank  in  applying  for  this  account  is  untrue;  (4)  you  exceed  your  credit  limit;  (5)  you 
become insolvent or involved in bankruptcy proceedings; (6) you make an assignment for the benefit of creditors; (7) 
you die; or (8) we reasonably deem the prospect of payment of the balance on your account to be in jeopardy for any 
reason.  Otherwise, the Bank will notify you in writing  when your account is closed and you agree to immediately 
cease using your account and destroy your credit cards.  No  matter  who closes the account, the Bank will keep all 
rights it has and you will still have to pay  the balance on your account, even if any transactions are made after the 
account  is  closed,  together  with  any  interest  charges  and  any  applicable  fees  or  other  charges ,  whether  imposed 
before or after your account is closed.   The outstanding balance on your account is immediately due  in  full  if the 
account is closed for any of the reasons listed above.  If either of us gives notice of the closing of the account for any 
reason other than one of the reasons listed above (including failu re of your account to be renewed), the outstanding 
balance on the account is due in full within thirty (30) days after the date of such notice.  Your account will continue 
to accrue interest charges and be subject to applicable fees until it is paid in full. 

REINSTATEM ENT: If your account is closed for any reason, your account may be considered for  reinstatement, 
but  you  may  be  required  to  provide  the  Bank  with  a  new  application.    Your  credit  card(s)  remain  the  Bank’s 
property.  You  agree to return them to the Bank or our agent immediately  if  asked.  

CONVERTING FOREIGN CURRENCY: All foreign purchases and cash advances made with  your credit  card  will 
be converted by the Bank and Mastercard or Visa, depending on which card is used, to United States dollars before 
being  posted  to your  account.    The  currency  conversion  rate used  to d etermine  the  transaction  amount  in  United 
States dollars is prescribed in the Mastercard or Visa operating regulations or conversion procedures, as applicable, 
in effect at the time the transaction is processed.  Mastercard and Visa currently use a currency conversion rate that 
they select from the range of rates available in wholesale cu rrency markets for the applicable central processing date, 
which rate  may vary fro m the rate Mastercard or Visa itself receives, or the government-mandated rate in effect for 
the applicable central processing date.  The currency conversion rate calculated in this manner that is in effect on the 
processing date may differ  from  the rate in effect on the transaction date or the posting date.   

LOST  OR  STOLEN  CA RDS:  Notify  us immed iately at  1-800-733-1732  if your credit card or account number  is 
lost or stolen or you believe someone is using the card or account number without your permission. We reserve the 
right not to reinstate lost or stolen accounts. 

EVIDENCE: The  Bank can use a copy, microfilm,  microfiche, or other electronic image of any monthly statement, 
or other document to prove what you owe to the  Bank o r that a transaction has taken place in the event the Bank 
must  go  to  court  for  any  reason.    The  copy,  microfilm,  microfiche  or  other  electronic  image  will  have  the  same 
validity as the original. 

WAIVER: The Bank may waive or delay enforcing any of its rights under this agreement without losing such rights, 
and may waive or delay  enforcing any of its rights as to one person obligated under this agreement without affecting 
the obligations of any other person. 

INFORMATION  SHA RING: The  Bank’s information sharing practices are set forth in our Privacy Policy  which is 
provided to you.  By  requesting, obtaining, or using a credit card fro m the Bank, you authorize the  Bank to check 
your  credit  history.    You  authorize  your  employer,  bank,  and  any  other  references  listed  to  release  and/or  verify 
informat ion  to  the  Bank  and  its  affiliates  in  order  to  determine  your  elig ibility  to  open  the  Account  and  to  any 
renewal o r future extension of credit thereof.   If you ask, you will be told whether or not consumer reports on you 
were requested and the names of the credit bureaus, with their addresses, that provided the reports.    

AUTOMATIC ACCOUNT INFORMATION UPDATES. You may  arrange for merchants and other third  parties to 
store your account information for recurring b illing or other purposes. When you arrange for  merchants and other 
third parties to store your account info rmation, you understand and agree that we may p rovide updated informat ion, 
which may  include changes to the expirat ion date, account number, and account status, to these merchants and other 
third parties. If you do not want your updated account informat ion to be shared,  please contact us using the number 
on the back of your card, contact the merchant or other third party or remove your credit card information fro m the 
merchant or third party. 

COMMUNICATION:  You agree that we and our representatives may monitor or record any calls between you and 
us.  To  service  and  manage  your  account  or  to  collect  amounts  you  owe  to  us,  you  authorize  us  and  our 
representatives  to  contact  you  at  any telephone number  and  email  address  (1)  you  have  provided  to us,  (2)  fro m 
which you called or emailed us, or (3) wh ich we obtained and believe  we can  reach you at.  You  must notify us if 
your number or email address changes. We and our  representatives may contact you in any  way, such as calling, 
text ing or email, and may contact you using an automatic telephone dialing system and/or using pre-recorded voice 
messages in accordance with applicable law. We and our representatives may call you, wh ich includes text messages, 
about any current or future accounts or applications and about any products you  have or  may have with us at any 
telephone number you provide. We may contact you on a mobile,  wireless or other device, even if you are charged 
for  it by your provider.  So me of the  legal purposes that we  may  contact you to service and manage your account 
include  identify ing  suspected  fraud  or  identity  theft,  obtaining  information,  and  providing  you  information  about 
products and services.  

APPLICABLE  LAW : This agreement  will be governed by the  law of the  State of South Dakota.    If there  is any 
conflict  between   any  of  the  terms  and  conditions  of  this  agreement  and  applicable  law,  this  agreement  will  be 
considered changed to the extent necessary to comply with the law.   The other provisions shall not be affected.  

 
 
 
 
 
 
 
 
 
 
 
ARBITRATION:  THIS   ARB ITRATION  PROVIS ION  DOES   NOT  APPLY  TO  YOU  IF  AND  FOR  AS 
LONG  AS  YOU  ARE  A  “COVER ED  B ORROWER,”   AS  THAT  TERM  IS   DEFINED  IN  THE 
DEPARTMENT  OF  DEFENS E  REGULATION  THAT  IMPLEMENTS  THE  MILITARY  LENDING  ACT 
(“ MLA”),  AND  YOU  ARE  S UBJ ECT  TO  THE  MLA  AND  ITS  IMPLEMENTING  REGULATION.  YOU 
AND WE  HER EB Y  AGREE  THAT  EITHER  YOU OR WE  MAY, WITHOUT THE OTHER’S CONS ENT, 
REQUIRE  THAT  ANY  CLAIM  (AS  DEFIN ED  B ELOW)  B E  RESOLVED  B Y  MANDATORY  B INDING 
ARB ITRATION  GOVERNED B Y  THE  FEDERAL  ARB ITRATION ACT AND SOUTH  DAKOTA  LAW.  
FOR  PURPOS ES  OF  THIS  ARB ITRATION  P ROVIS ION,  “CLAIM”  MEANS  ANY  CLAIM, 
CONTROVERS Y  OR  DISPUTE  OF ANY  KIND OR NATURE  THAT  AROS E  IN  THE  PAST OR  THAT 
ARIS ES  IN  THE  PRES ENT  OR  IN  THE  FUTURE  UNDER  OR  RELATING  IN  ANY  WAY  TO  THIS  
CREDIT  CARD  AGREEMENT,  THE  VALIDITY  OF  THIS   ARB ITRATION  PROVISION,  YO UR 
CREDIT  CARD  ACCOUNT,  OR  THE  ADVERTIS ING,  APPLICATION  OR  APPROVAL  OF  YOUR 
ACCOUNT,  REGARDLESS OF WHET HER S UCH  CLAIM  IS B AS ED  ON STATUT E, COMMON  LAW, 
CONTRACT,  REGULATION,  ORDINANCE,  TORT,  CONS TITUTIONAL  PROVIS ION,  OR  ANY 
LEGAL  THEORY  OF  LAW OR ANY OTHER  LEGAL  OR  EQUITAB LE  GROUND  AND REGARDLESS 
OF  WHETHER  S UCH  CLAIM  IS  FOR  INJ UNCTIVE,  DECLARATORY,  OR  EQUITAB LE  RELIEF. 
CLAIMS  S UBJ ECT  TO  ARB ITRATION  ALSO  INCLUD E  CLAIMS  THAT  ARE  MADE  AS 
COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERW IS E. 
IF  YOU OR WE  ELECT  ARB ITRATION  OF  A  CLAIM,  NEITHER  YOU  NOR WE S HALL  HAVE  THE 
RIGHT  TO  PURS UE  OR  LITIGATE  THAT  CLAIM  IN  COURT  OR  B EFORE  A  J UDGE  OR  J URY, 
INCLUDING  THE  RIGHT  TO  CONDUCT  DISCOVER Y  OR  TO  APPEAL,  NOR  SHALL  YOU  HAVE 
THE  RIGHT  TO  B RING  OR  PARTICIPATE  IN  A  CLASS  ACTION  OR  OTHER  REPRES ENTATIVE 
ACTION (S UCH AS IN THE FORM OF A PRIVATE ATTORNEY GEN ERAL ACTION) OR THE RIGHT  
TO  CONSOLIDATE  DISPUT ES  B Y  OR  AGAINST  OTHERS  IN  ANY  ARB ITRATION  OR  TO  ACT  IN 
ANY  ARBITRATION  IN  THE  INTEREST  OF  THE  GENERAL  PUBLIC.    

This arbitrat ion provision is made pursuant to a transaction involving interstate commerce, and shall be governed by 
the Federal Arbitration Act, 9 U.S.C.  §§ 1-16,  as it may be amended.   

This  arbitration  provision  applies  to  any  and  all  Claims  that  you  have  against  us  and/or  any of  our  subsidiaries, 
affiliates, agents, licensees, predecessors, successors, assigns, and against all of their  respective officers, d irectors,   
emp loyees, agents, and assigns, or that we have against you. As used in this arb itration provision, the term Claim is 
to be given the broadest possible meaning. If you or we elect to arbitrate a Claim, the arbit ration will be cond ucted 
as  an  individual  action.  Neither  you  nor  we  agree  to  any  arbitration  on  a  class  or  representative  basis,  and  the 
arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other 
representative action is filed, such as that in the  form of a private attorney general action, any  Claim between us 
related to the issues raised in such lawsuit or act ion will be subject to an individual arb itration claim if either you or 
we elect so. As an exception to arbitrat ion, you retain the right to pursue in a small claims court any Claim that is 
within the court’s jurisdiction  and proceeds on an individual  basis.    

No arb itration will be consolidated with any other arbit ration proceeding without the consent of all parties . The only 
claims  that may be joined in an  ind ividual action under this arb itration provision are (1) those brought by us against 
you  and  any  co-applicant,  jo int  cardholder,  or  authorized  user  of  your  account,  or  your  heirs  or  your  trustee  in 
bankruptcy, or (2) those brought by you or any co-applicant, joint cardholder, or authorized user of your account, or 
your heirs or your trustee in bankruptcy against us.   

You  or we may  elect arb itration under th is arbitrat ion provision with  respect to any Claim, even if the Claim is part 
of a lawsuit brought in court. You or we  may  make a  motion or request in  court to compel arbitration of any Claim 
brought  as  part  of  any  lawsuit.  The  party  filing  a  Claim  in   arbitrat ion  must  choose  either  of  the  fo llo wing  t wo 
arbitration ad min istrators: American Arbitration Association or JAMS. These admin istrators are independent of us.  
The  administrator  does  not  conduct  the  arbitration.  Arbitration  is  conducted  under  the  rules  of  the  selected 
arbitration ad ministrator by an impartial third party chosen in accordance with the rules of the selected arbitration 
administration and as may  be provided in this arbitration provision.   

You   may  obtain copies of the current  rules of each of the  foregoing arb itration ad ministrators,  informat ion about 
arbitration and arbitration fees, and instructions for initiat ing arbitration by contacting the arbitration administrators 
as follows. 

American  Arbitration Association   
335  Madison Avenue, Floor 10  
New  York,  NY  10017-4605 
(800)  778-7879 
www.adr.org  

JAMS 
1920  Main Street, Suite 300 
Irvine,  CA 92614 
(949)  224-1810 
www.jamsadr.com 

In the alternative, if all parties agree, an  independent third party selected by the pa rties may serve as arbitrator.  If 
one of the arbitration administrators listed above is for any reason unable to provide timely arbitration services, the 
parties agrees that the other arbitrat ion ad min istrator shall ad min ister the arb itration. If for any reason neither of the 
designated admin istrators is able to provide t imely arb itration  services, and the parties are unable to agree upon a 
third party to conduct the arbitration, then either party may  apply to the federal district  court in which the consumer 
resides for an order appointing an arbitrator pursuant to 9 U.S.C.  § 5.   

Arbitration conducted pursuant to this arbitration provision shall be governed by the applicable procedures and rules 
of the arbit ration ad ministrator selected to arbitrate a  Claim unless they conflict  with th is arbitrat ion provision,  in 
which  case  this  arbitration  provision  will  govern.  Such  procedures  and  rules  may  limit  the  amount  of  dis covery 
available  to  you  or  us.  The  arbitrator  shall  apply  substantive  law  consistent  with  the  Federal  Arbitration  Act  and 
applicable statutes of limitations, and will  recognize c laims of privilege recognized at  law. The arb itrator  will take 
reasonable steps to protect confidential informat ion, including the use of protective orders to prohibit the disclosure 
of such information outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
award damages or other relief permitted by applicable law to any party to the arbitrat ion proceeding but will not 
have the power to award  relief to, against, or  for the benefit  of any person who  is not a party  to  the proceeding.  
Judgment upon any arbitration award may be entered in any court having jurisdiction.    

You or we may choose to have a hearing in arbitrat ion and  to be represented by counsel. Any arbitration hearing that 
you attend in person shall be held at a p lace chosen by the arbitrator or arb itrator ad ministrator  within the  federal 
district  in  wh ich  you  reside  at  the  time  the  Claim  is  filed  or  at  some  other  place  to  wh ich  you  and  we  agree  in 
writing.   

Failure or delay  in enforcing this arbit ration provision at any time or  in connection any particular  Claims  will not 
constitute a waiver  of any rights to require arbitration at a later time  or in connection with any other Claims.    

This arbitration p rovision does not prohibit either of us fro m exercising any lawfu l  rights or using other available 
remedies  to  preserve,  foreclose  or  obtain  possession  of  real  or  personal  property;  exercise  self -help  remed ies, 
including  setoff  and  repossession  rights;  or  to  obtain  provisional  or  ancillary  remedies  such  as   injunctive  relief, 
attachment,  garnishment,  or  the  appointment  of  a  receiver  by  a  co urt   of  co mpetent  jurisdiction.  Any  statute  of 
limitations  applicable  to any Claim  applies to any arbitration between us.    

Arbitration  fees  shall  be  determined  by   the  ru les  or  procedures  of  the  selected  arbitrat ion  ad min istrator,  unless 
limited  by  applicable  law.  Please  check  with  the  arbitration  ad min istrator  to  determine  the  fees  applicable  to  the 
arbitration you may file. If applicable law limits the amount of fees and  expenses to be paid by you, no allocation of 
fees and expenses to you shall exceed this limitation. Un less inconsistent with applicable law, each of us shall bear 
the expense of our own attorney, expert,  and witness fees, regardless which of us prevails in the arbitration. 

This arbitration provision shall survive:  (1) termination or changes in the credit card agreement, your account, and 
the  relationship  between  you  and  us  concerning  your  account, such  as the  issuance  of  a  new  account  number  or 
transfer of a balance fro m one account to another account; (2) the bankruptcy of any party or any similar proceeding 
initiated by you or on your behalf; and (3) pay ment of the debt in fu ll by you or by a third party. If any portion of 
this  arbitration  provision  dealing  with  class  action,  class  arbitration,  private  attorney  general  action,  other 
representative  action,  joinder,  o r  consolidation  is  deemed  invalid   or  unenforceable,  the  invalid  or  unenforceable 
portion shall not be severable and  the entire arbit ration pro vision shall be unenforceable. If any other portion of this 
arbitration provision is deemed invalid or unenforceable, the remaining  portions shall remain  in full  force and effect.    

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: 

1st Financial  Bank USA 
P.O.  Box  1100 
N. Sioux  City, SD  57049 

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 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 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 or other fees related 
to that amount. 
If we do not believe there was mistake:   You will  have to pay the amount in question, along with applicable 
interest 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 exp lanation 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 o f 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  purchases  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 o wn the company that sold you 
the goods or services.). 

2.  You  must have used your credit card for the  purchase.  Purchases made with cash advances 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 purchase. 

If all  of the criteria  above are met and you are still dissatisfied with  the purchase, contact us in writing  at: 

1st Financial  Bank USA 
P.O.  Box  1100 
N. Sioux  City, SD  57049 

While  we  investigate,  the  same  ru les  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.