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 from 5.99% to 12.99%.   
This APR will vary with the market based on the Prime Rate. 
Prime Rate plus from 5.99% to 12.99%.   
This APR will vary with the market based on the Prime Rate. 
Prime Rate plus 12.99%. 
This APR will vary with the market based on the Prime Rate. 

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 

None 
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)* 

None 

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.  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® Cardholder 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).    You  and  the  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 Account.  If we close the 
Account, we will notify you and the notice will be effective for both of you. 

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.  Cardholder may pay less than the New Balance, but Cardholder must pay 
at least the “Minimum Payment Due” shown on the monthly statement.  The Minimum Payment Due is the total New 
Balance as shown on your monthly statement if the amount is under $25.  If the New Balance exceeds $25, the Minimum 
Payment Due is the sum of (i) the greater of $25, 2% of your New Balance, or 1% of your New Balance plus the current 
billing cycle’s Late Payment Fee and Interest Charges, plus (ii) any amount past due.   

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; 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 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.  
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.   

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, at least (i) the greater of $25, 2% 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.  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 

 
 
 
 
 
 
 
 
 
 
800-820-8415.  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 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  7030,  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 7030, 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. 

26.  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 1-877-231-3231. 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: 

Card Services 
P.O. Box 498181 
Cincinnati, OH  45249-9860 

You may also contact us on the Web: 

www.GoToMyCard.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. 

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.GoToMyCard.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. 

03/2020