Pricing Information Addendum 

Interest Rates and Interest Charges 
Annual Percentage Rate (APR) 
for Purchases 
APR for Cash Advances 
Penalty APR and When It 
Applies 
Minimum Interest Charge 
Grace Period/Paying Interest 

29.9%   

29.9% 

None 
If you are charged interest, the charge will be no less than $1. 
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. 

Balance Computation Method 

Average Daily Balance (including new transactions)* 

Fees 
Maintenance Fees 

   Annual Fee 
   Additional Card Fee 
Transaction Fees 
   Cash Advance 
   Foreign Transaction 
Penalty Fees 
   Late Payment 
   Over-the-Credit Limit 
   Returned Payment 
Other Fees 
   Required Insurance, 
    Debt Cancellation or  
    Suspension Coverage 

NOTICE: These maintenance fees will be assessed before you begin using your card and 
will reduce the amount of credit you initially have available. For example, if you are 
assigned a minimum credit limit of $300, your initial available credit will be only $225 
(or $205 if you choose to have an additional card). 

$75 first year; $75 thereafter, billed at $6.25 per month.   
$20 annually (if applicable) 

Either $5 or 5% of the amount of each cash advance, whichever is greater. 
3% of each transaction in U.S. dollars. 

Up to $27 
None 
Up to $27 

None 

*Average Daily Balance (including new transactions). The Interest Charge on Purchases 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 or Cash Advances, as 
applicable.  To calculate the average daily balance, we take the beginning balance of Purchases or Cash Advances on the 
Card Account each day, add any new Purchases or Cash Advances (which may include interest charges and other fees and 
charges), and subtract any applicable payments and credits.  This gives us the daily balance of Purchases or Cash Advances.  
At the end of each billing cycle, we add up all these daily balances and divide by the number of days in the billing cycle to 
determine the average daily balance of purchases or advances for the billing cycle.     

Periodic Rate.  The monthly Periodic Rate for Purchases and Cash Advances is calculated by dividing the applicable Annual 
Percentage Rate disclosed by 12.  

TERMS & CONDITIONS 

This  MASTERCARD  Cardholder  Agreement  (the  “Agreement”)  governs  the  use  of  your  MASTERCARD 
credit  card  account  issued  by  CorTrust  Bank,  N.  A.  (the  “Card”  or  “Card  Account”).    Please  read  this 
Agreement carefully before using your Card or the Card Account.  The words “you” and “your” refer to each 

 
 
 
 
 
 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
person who applied for the Card Account and to each person to whom a Card is issued or uses a Card with your 
consent (an “Authorized User”).  The words “we”, “us”, “our”, and the “Bank” refer to CorTrust Bank, N.A., 
Mitchell, South Dakota, Member FDIC.   

Your  application  for  the  Card  Account  and  your  use  of  the  Card  constitute  your  agreement  to  the  terms  and 
conditions of this Agreement.  Keep this Agreement so you can refer to it if you have any questions regarding 
your Card Account.  This Agreement is effective when you or an authorized user uses the Card or Card Account 
or if you fail to cut your Card in half and return it to us within 30 days after it is issued to you.   

Please  see  the  separate  Privacy  Notice  that  we  are  providing  to  you  for  important  additional  information 
concerning  our  privacy  policy  and  your  privacy  rights.    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.   

Your  acceptance  of  the  Card  will  indicate  your  agreement  to  pay  all  charges  incurred  and  any  indebtedness 
incurred in accordance with the terms and conditions of this Agreement.  These terms and conditions are subject 
to change from time to time, in our sole discretion, upon notice to you as required by law. 

USING  YOUR  CARD:    You  may  use  your  Card  to  make  purchases  of  goods  or  services  wherever 
1. 
MASTERCARD  credit  cards  are  accepted.    You  may  obtain  cash  advances  (i.e.,  loans  of  money)  through 
participating financial institutions, including the Bank.  Any cash equivalents obtained with the Card will also 
be treated as cash advances.  Each purchase or cash advance you obtain will reduce the available credit under 
your credit limit until the purchase or cash advance is repaid.   You  promise to pay us the total  amount of all 
purchases  and  cash  advances,  as  well  as  all  interest  charges  and  other  fees  and  charges,  billed  to  your  Card 
Account. 

2. 
YOUR  CREDIT  LIMIT  AND  CREDIT  AVAILABILITY:    Your  Card  will  be  issued  with  a 
minimum initial credit limit of $300 and up to a maximum credit limit of $1,500.  Please note that if you qualify 
for a $300 credit limit, you will have available credit of $225 after applying the Annual Fee of $75.  Optional 
fees may further reduce this amount.  Your outstanding balance of cash advances may not exceed 50% of your 
credit limit.  We reserve the right to modify your credit limit from time to time.  You agree not to engage in any 
Card transaction that would cause your outstanding balance to exceed your credit limit.  At our sole discretion, 
we  may  authorize  a  Purchase  which  exceeds  your  Credit  Limit  or  otherwise  permit  additional  credit.    Your 
current credit limit will appear on your monthly billing statement.   

3. 
CREDIT LIMIT INCREASES:  If you make all your payments on time, pay substantially more than 
the minimum due each month, and meet certain other criteria, we may, in our sole discretion based on this and 
other information, increase your credit limit.   

YOUR MONTHLY STATEMENT:  Your Card Account will be on a monthly billing cycle.  We will 
4. 
send you a statement whenever there is activity or a balance on your Card Account.  The bottom portion of the 
statement will serve as your bill and should be returned with your payment.  The upper portion of the statement 
itemizes  your Card Account  activity, including  purchases, cash advances, other  charges and payments posted 
during the billing period.  You should retain the upper portion of your statement for future reference and as a 
receipt.   

5. 
MINIMUM PAYMENTS:  If you want to reduce additional interest charges, you should pay your New 
Balance in full by the payment due date.   If  you prefer,  you can pay less than the full New Balance, but  you 
must pay at least the Minimum Payment Due as shown on your statement.  The Minimum Payment Due is the 
sum of (i) the greater of: $30; 4% of your New Balance; or 1% of your New Balance plus the current billing 

2 

 
 
 
 
 
 
 
 
 
 
cycle’s Late Payment Fee and  Interest Charges, plus (ii) any amount past due, plus (iii) any amount that your 
Card Account exceeds your assigned credit limit. 

MAKING PAYMENTS:  We reserve the right to apply payments made on your Card Account in our 
6. 
discretion.  We will give you immediate credit for Card Account payments for interest charge purposes, but we 
reserve  the  right  to  limit  available  credit  resulting  from  any  payment  for  up  to  ten  days  or  until  funds  are 
collected.  You may not maintain a credit balance on your Card Account.  If you send a payment in excess of 
the full New Balance shown on your statement, we may, in our discretion, choose not to accept such payment 
and return the payment to you.  In the alternative, we may apply such payment to your Card Account, in which 
case  your  Card  Account  may  be  temporarily  suspended  and  subject  to  further  review.    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  1-888-883-9826.   If  your  check is  returned unpaid  for insufficient  or  uncollected 
funds, we may also re-present your check electronically.   

7. 

CALCULATION OF INTEREST CHARGES:   

INTEREST CHARGES.  Your Card Account is subject to interest charges as follows, each of which may be 
charged  to  your  Card  Account  as  a  purchase  for  the  purpose  of  calculating  periodic  interest  charges  unless 
otherwise noted.   

PURCHASES.    The  Interest  Charge  on  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 Purchases. The monthly Periodic Rate is calculated 
as  set  for  in  Section  8  below.    To  calculate  the  average  daily  balance,  we  take  the  beginning  balance  of 
Purchases on the Card Account each day, add any new Purchases (which may include interest charges and other 
fees  and  charges),  and  subtract  any  applicable  payments  and  credits.    This  gives  us  the  daily  balance  of 
purchases.  At the end of each billing cycle, we add up all these daily balances and divide by the number of days 
in the billing cycle to determine the average daily balance of purchases for the billing cycle.   

PAYING INTEREST ON PURCHASES.  If you pay the New Balance shown on your prior month’s periodic 
statement in full by the due date shown on the statement, you will have a grace period on purchases of 25 days 
(from  the  statement  closing  date  to  the  payment  due  date)  and  can  avoid  periodic  interest  charges  on  current 
purchases by paying the New Balance shown on your current statement in full by the due date.   

CASH  ADVANCES.    The  Interest  Charge  on  Cash  Advances  is  calculated  using  the  average  daily  balance 
method,  including  new  advances.    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 for in Section 8 below.  To calculate the average daily balance, we take the beginning 
balance  of  Cash  Advances  on  the  Card  Account  each  day,  add  any  new  Cash  Advances  (which  may  include 
interest charges and other fees and charges), and subtract any applicable payments and credits.  This gives us 
the daily balance of cash advances.  At the end  of each billing cycle, we add up all these daily balances  and 
divide  by  the  number  of  days  in  the  billing  cycle  to  determine  the  average  daily  balance  of  advances  for  the 
billing cycle.   

3 

 
 
 
 
 
 
 
 
 
PAYING INTEREST ON CASH ADVANCES.  An Interest Charge on Cash Advances will be assessed from 
the date the advance is posted to the Card Account until the date the advance is paid in full.  There is no “grace 
period” for cash advances.     

8. 

PERIODIC RATE; ANNUAL PERCENTAGE RATE; MINIMUM INTEREST CHARGE: 

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  Purchases  and  Cash 
Advances, 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, you will be billed a Minimum 
Interest Charge of $1. 

9. 

OTHER FEES AND CHARGES:   

OTHER FEES AND CHARGES:  In addition to the interest charges described above, other fees charges that 
may  be  imposed  on  your  Card  Account  include  the  following,  each  of  which  may  be  charged  to  your  Card 
Account as a purchase for the purpose of calculating periodic interest charges. 

ANNUAL  CARDHOLDER  FEE.    The  Annual  Cardholder  Fee  for  your  Card  Account  is  $75.   This  fee  is 
imposed when your Card Account is opened. After the first year, this fee is billed at $6.25 per month. This fee 
is  billed  directly  to  your  Card  Account.  Except  as  provided  in  Section  12  entitled  “Refund  Policy”,  or  as 
otherwise required by applicable law, this fee is non-refundable, even if your Card Account is canceled for any 
reason during the year. 

ADDITIONAL CARD FEE.  If you request and we decide to grant an additional card for use by an authorized 
user, there is an annual Additional Card Fee of $20 for each additional card.   

CASH ADVANCE FEE.  Each time you obtain a new cash advance, we will impose a transaction fee of 5% of 
the amount advanced or $5, whichever amount is greater.   

FOREIGN TRANSACTION FEE.  If you conduct an international transaction using your Card Account, we 
may impose a Foreign Transaction Fee of 3% 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. 

LATE PAYMENT FEE.  You will be charged a Late Payment Fee of up to $27 in any billing period in which 
you fail to pay, by the Payment Due Date, at least the sum of (i) the greater of: $30; 4% of your New Balance; 
or 1% of  your New  Balance plus  the current  billing cycle’s  Late Payment  Fee and Periodic  Interest  Charges, 
plus (ii) any amount past due.   

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 $27 may be 
assessed to your Card Account.   

REPLACEMENT  CARD  FEE.    If  your  Card  is  lost  or  stolen  and  you  request  a  replacement  Card,  a 
Replacement Card Fee of $20 will be assessed. 

4 

 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
RUSH DELIVERY FEE.  If you request special, expedited processing for a replacement Card, we may impose 
a Rush Delivery Fee of $18 to your Card Account to have your Card processed more quickly and sent to you by 
overnight delivery.   

ACH AUTOPAY FEE.  Each time we arrange, upon your request, a single payment on your Card Account by 
electronic  funds  transfer,  telephone  authorized  draft,  or  similar  payment  method,  we  may  charge  an  ACH 
Autopay Fee of $5.   

COPY  FEE.    If  you  request  a  duplicate  copy  of  a  monthly  statement,  a  charge  of  $5  per  statement  may  be 
assessed to your Card Account.   

10.  OPTIONAL CORSELECT MEMBERSHIP:  This optional program offers participants products and 
services  from  national  retailers.    The  cost  of  this  program  is  billed  automatically  to  your  Card  Account  each 
month.  We do not require CorSelect membership as a condition to applying for or obtaining a Card.   

11. 
CANCELLATION:  The primary cardholder may cancel the Card Account at any time by notifying us 
in writing at the address on your monthly statement and returning all Cards issued on your Card Account, cut in 
half.  Even after your Card Account is closed, you remain responsible for paying any amounts you owe on the 
Card  Account  according  to  the  terms  of  this  Agreement.    We  can  suspend  your  Card  Account  privileges  or 
cancel your Card Account at any time, with or without cause.   

REFUND POLICY:  You may cancel your Card Account by notifying us in writing within 30 days of 
12. 
receiving this Agreement and before making any additional charges to the Card (other than the fees disclosed in 
this Agreement).  If you cancel  your Card Account, we will refund to  you or credit to  your Card Account all 
fees  and  charges  in  connection  with  your  Card  Account,  except  the  Rush  Delivery  Fee,  which  is  non-
refundable.   

13. 
IF YOUR CARD IS REFUSED:  We are not responsible if a merchant, a bank or an ATM refuses to 
honor your Card.  Although you may have credit available, we may be unable to authorize credit for a particular 
transaction due to operational difficulties or mistakes.  No transaction is an amount greater than your credit limit 
will  be  authorized  in  a  single  transaction.    Transactions  made  above  a  certain  dollar  amount  may  require 
authorization  before  the  transaction  is  approved.    The  number  of  transactions  or  the  total  dollar  amount  of 
authorizations  you  make  in  one  day  may  be  limited  since  we  may  limit  the  number  of  authorizations  or  the 
dollar amount of authorizations which may be given.  These restrictions are for security reasons.  As a result, we 
cannot  explain  the  details  of  how  our  authorization  system  works.    Neither  we  nor  our  agents  will  be 
responsible  if  authorization  for  a  transaction  is  not  given.    If  your  Card  Account  is  overlimit  or  delinquent, 
authorization of credit for transactions may be declined.   

14. 
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  Card  Account  without  your  permission,  you  should 
immediately  notify  us.    You  can  call  toll  free  1-888-883-9826.    You  can  also  notify  us  in  writing  at  Card 
Services P.O. Box 498181, Cincinnati, OH 45249-9860.  Your maximum liability for unauthorized use will not 
exceed $50.  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 Card 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.    

15. 
FOREIGN CURRENCY TRANSACTIONS:  If you make a transaction with your MASTERCARD® 
Account  in  a  currency  other  than  U.S.  dollars,  MASTERCARD®  will  convert  the  charge  into  a  U.S.  dollar 

5 

 
 
 
 
 
 
 
 
 
 
amount  using  either  (a)  a  rate  selected  by  MASTERCARD®  from  the  range  of  rates  available  in  wholesale 
currency  markets  for  the  applicable  central  processing  date,  which  rate  may  vary  from  the  rate 
MASTERCARD® receives, or (b) the government-mandated rate in effect for the applicable central processing 
date.  The exchange rate used by MASTERCARD® for a particular transaction is the rate MASTERCARD® 
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 9. 

16. 
DEFAULT  /  ACCOUNT  CLOSURE:    If  you  exceed  your  assigned  credit  limit,  fail  to  make  any 
required  payment,  become  insolvent,  declare  bankruptcy,  die,  violate  any  term  of  this  Agreement,  or  provide 
false information to us, or, in our discretion, we deem the prospect of repayment of your Card Account to be in 
jeopardy for any reason, you will be in default.  Upon your default, we shall have all remedies provided by law 
including,  without  limitation,  the  right  to  close  or  refuse  to  renew  your  Card  Account,  demand  the  return  of 
your Card, declare your entire balance immediately due and payable, and initiate collection activity, all without 
prior notice or demand.  To the extent permitted by applicable law, you must pay any collection costs, including 
reasonable attorney’s fees, the costs of placing you on the Warning Bulletin, and the costs of confiscating your 
Card that we incur as a result of your default.  No use of the Card will be authorized following default.  We may 
also close your Card Account at any time and for any reason. 

CARD OWNERSHIP  AND ACCEPTANCE:    Any Card issued to  you remains our property, is not 

17. 
transferable and must be surrendered to us upon demand.  

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. 
CHANGES  IN  AGREEMENT  TERMS:    We  can  change  any  term  or  provision  of  this  Agreement, 
including the rate at which or manner in which interest charges are calculated, at any time upon such notice to 
you as required by law.  At our option, any change will apply to both your new activity and to your outstanding 
balance when the change is effective.  You will be deemed to have accepted the new terms if you use your Card 
after  the  effective  date  or  if  you  fail  to  notify  us  in  accordance  with  applicable  law.    For  changes  in  the 
Agreement terms write to:  CorTrust Bank, N.A., P.O. Box 7030, Mitchell, SD  57301. 

20.  GOVERNING LAW:  This Agreement is entered into in the State of South Dakota where the decision 
to grant credit will be made.  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.   

21. 
AUTHORIZED  USER:    If  you  request  an  authorized  user,  both  you  and  the  authorized  user  may 
obtain purchases and cash advances (but the total of these purchases and cash advances cannot exceed the credit 
limit).  You  and  any  authorized  user  are  obligated,  jointly  and  severally,  for  all  charges,  interest  charges,  and 
fees incurred by the authorized user, but we are not required to seek recovery from the authorized user before 
requiring payment by you.  The authorized user may not close the Card Account.  If we close the Card Account, 
we will notify you and the notice will be effective for both of you. 

6 

 
 
 
 
 
 
 
 
 
22. 
ILLEGAL AND GAMBLING TRANSACTIONS:  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.  

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.  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 Card Account and whether or not a credit card 
is issued), based on any legal or equitable theory (contract, tort, alleged regulatory violation, 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 

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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 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. 

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Other  Provisions.    This  arbitration  provision  will  survive:  (i)  termination  or  changes  in  this  Agreement,  the 
Card Account, or the relationship between you and us concerning the Card Account; (ii) the bankruptcy of any 
party;  and  (iii)  any  transfer,  sale,  or  assignment  of  your  Card  Account,  or  any  amounts  owed  on  your  Card 
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 7030, Mitchell, SD 57301.  Clearly print or type your 
name and Card 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. 
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.  

25. 
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.   

26.  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, the Bank or its agents 
may monitor any telephone communication between the Bank’s or its agent’s employees in those departments 
and Cardholder, without further notice or disclosure. 

27. 
CONTACT AUTHORIZATION.  You authorize us and any other servicer of your account to contact 
you  about  your  account  at  any  telephone  number  (or  other  means  of  communication)  you  provide,  including 
communications  to  or  from  your  mobile  or  cellular  phone,  or  similar  device,  even  if  you  are  charged  for  the 
communication under your usage plan.  We may contact you by sending text messages or e-mails, using any e-
mail address you provide to us.  You agree we may use an automatic dialing system or artificial or prerecorded 
message  when  contacting  you.  You  may  revoke  your  consent  to  be  contacted  at  any  telephone  number  you 
provide  by  calling  us  at  1-888-883-9826.  If  you  revoke  your  consent  to  be  contacted  and  fail  to  provide  an 
alternative telephone number that we may use to contact you in accordance with this Section, we will close your 
Card Account. 

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: 

9 

 
 
 
 
 
 
 
 
 
 
 
Card Services 
P.O. Box 498181 

You may also contact us on the Web: 

www.cortrustbankcc.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  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 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. 

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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: 

Card Services 
P.O. Box 498181 
Cincinnati, OH  45249-9860 
www.cortrustbankcc.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. 

NOTICES 

By responding to the credit card offer made by the Bank, you are authorizing us to obtain credit reports about 
you,  both  now  and  in  the  future,  for  any  legitimate  business  purpose  associated  with  the  Card  Account, 
including, but not limited to, reviewing, modifying, renewing or collecting on your Card Account.    

1.  CALIFORNIA RESIDENTS:  A married applicant may apply for a separate Card Account.  As required 
by  law,  you  are  hereby  notified  that  a  negative  credit  report  reflecting  on  your  credit  record  may  be 
submitted to  a credit reporting  agency  if  you fail to  fulfill  the terms of  your credit obligations.   After 
credit approval, each applicant shall have the right to use the Card Account up to the limit of the Card 
Account.  Each applicant may be liable for amounts extended under the plan to any joint applicant.   

2.  DELAWARE RESIDENTS:  Service charges not in excess of those permitted by law will be charged on 

the outstanding balances from month to month. 

3.  KENTUCKY RESIDENTS:  You may pay the unpaid balance of your Card Account in whole or in part 

at any time. 

4.  MARYLAND RESIDENTS:  Finance charges will be imposed in amounts or at rates not in excess of 

those permitted by law.   

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5.  NEW  YORK  RESIDENTS:    New  York  residents  may  contact  the  New  York  State  Department  of 
Financial  Services  by  telephone  at  1-800-342-3736  or  visit  its  website  at  www.dfs.ny.gov  for  free 
information on comparative credit card rates, fees and grace periods.  

6.  OHIO RESIDENTS:  The Ohio laws against discrimination require that all creditors make credit equally 
available  to  all  creditworthy  customers,  and  that  credit  reporting  agencies  maintain  separate  credit 
histories on each individual upon request.  The Ohio Civil Rights Commission administers compliance 
with this law.   

7.  WISCONSIN  RESIDENTS:    No  agreement,  court  order,  or  unilateral  statement  applying  to  marital 
property will adversely affect a creditor’s interests unless prior to the time credit is granted, the creditor 
is  furnished  with  a  copy  of  the  agreement,  court  order  or  statement,  or  has  actual  knowledge  of  the 
adverse provision.  IF I AM A MARRIED RESIDENT, CREDIT EXTENDED UNDER THIS CARD 
ACCOUNT  WILL  BE  INCURRED  IN  THE  INTEREST  OF  MY  MARRIAGE  OR  FAMILY.    A 
married applicant must send the applicant’s name and social security number, and the name and address 
of  the  applicant’s  spouse,  to  CorTrust  Bank,  N.A.,  P.O.  Box  7030,  Mitchell,  SD  57301  within fifteen 
(15) days of completing an application.  

October 2018 

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