Genesis Credit® Account Agreement

Dear Accountholder: 

This Agreement, as defined below, is your contract for your Account and: 

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Covers the terms that govern the use of your Genesis Credit® Account; 
Outlines both your responsibilities and ours; 
Includes certain disclosures required by the Federal Truth in Lending Act, and; 
Contains important information about your Account. 

We encourage you to read the Agreement and keep it for your records.  Please feel free to call us with any questions you may have.  We look forward to serving you.

This Agreement begins on the earlier of (1) the date we approve your Application, or (2) the first date that we extend Credit to you on your Account, as evidenced by a signed sales slip
or other evidence of indebtedness.

DEFINITIONS 
To simplify this Agreement for you, the definitions listed below will apply throughout, both 
in this Agreement and in your monthly statements.  In addition, the words you, your, and 
yours refer to the Accountholder(s) who hold(s) the Account Number and is responsible 
for the Account, each of whom is individually and jointly obligated under this Agreement.  
The words we, us, and our refer to First Electronic Bank. 
Account:  Genesis Credit® Account for which you were issued an Account Number and 
that is subject to all of the terms and conditions of this Agreement. 
Account Number:  The Account Number we issue that you may use to make Purchases 
from Retailer. Use of your Account Number to obtain Credit will be considered a use of 
the Account. 
Accountholder: The person to whom an Account Number is issued, or who has agreed to 
pay obligations arising from an Account Number issued to another person. 
Agreement:  Your  contract  with  us  for  your  Account,  which  is  composed  of  your 
Application,  and  the  Account  opening  disclosures  and  this  Account  Agreement.  Any 
sales slip or other evidence of indebtedness  on your Account is incorporated  into and 
made part of this Agreement. 
Application:  The  form  with  information  that  you  submitted  to  apply  for  your  Account, 
including  your  signature  (in  any  form  –  wet  signed,  electronic,  or  digital),  and  any 
acceptance certificate or other request that you signed or otherwise submitted to obtain 
this Account. 
Billing Cycle: The  time interval  covered  by a monthly  statement.  Each  Billing  Cycle is 
approximately 30 days in length. 
Card: Any branded Card we issue that you may use to purchase goods or services from 
Retailer. Use of your Card to obtain Credit will be considered use of the Account. 

Closing Date: The date of the last day of a Billing Cycle. 

Credit: The credit extension you receive under this Agreement. 
Credit  Limit:  The  maximum  amount  of  Credit  available  to  you  on  your  Account.  Your 
Account Credit Limit will be disclosed to you on the monthly statements. 
New Balance: The total outstanding  Account balance on the Closing Date specified in 
your monthly statement. 
Previous Balance: The balance of your Account at the beginning of a Billing Cycle. This 
will be the same as the “New Balance” shown on the previous monthly statement. 
Purchase: An extension of Credit to your Account for the purpose of purchasing goods or 
services from Retailer. 
Purchase Balance:  The  total outstanding  balance  of Purchases and  interest charges, 
excluding amounts included in the Regular Balance. 
Regular  Balance:  The total outstanding  balance  of all amounts  other  than Purchases 
and interest charges on Purchases.  In the event you do not pay a Purchase balance in 
full before the end of a deferred interest period, the interest accrued during the deferred 
interest period will be added to your Regular Balance.  Any subsequent interest charges 
accrued on such amounts will also be added to the Regular Balance. 
Retailer:  Participating Mattress Firm locations located in the U.S.
USING YOUR ACCOUNT 

Purchases. You may use your Account to purchase goods and services from Retailer. 
You promise to pay us and are liable for all amounts resulting from the authorized use of 
your Account Number or Account, plus any applicable interest charges and other 
applicable charges or fees, payable in U.S. dollars. 

Your Credit Limit. You may not use your Account in any way that would cause you to 
go over your Credit Limit. We may refuse to authorize or accept any transaction on your 
Account if (1) that transaction would cause you to exceed your Credit Limit or (2) your 
Account is delinquent. We may temporarily agree to allow you to exceed your Credit 
Limit. If we do so, in that case, you must repay the excess amount according to the terms 
of this Agreement. Any transactions honored in excess of your Credit Limit will not result 
in an increase of your Credit Limit.

MAKING PAYMENTS 

Monthly Statements. We will send a statement at the end of each monthly Billing Cycle 
if there is a debit or credit balance on your Account of $1 or more, a balance on which an 
interest charge has been imposed or as otherwise required by applicable law. You agree 
to pay us, or any party to whom we may transfer and assign your Account or the amounts 
owing under your Account, in U.S. dollars according to all terms and conditions of this 
Agreement. Payments made by a check, money order or other negotiable instrument 
must be in a form acceptable to us and drawn on a U.S. financial institution. 

Monthly Minimum Payment. Your monthly minimum payment due will be the greater 
of: 

1.
2.

$15; or 
The sum of: 
a.

Each fixed monthly payment amount applicable to each of your 
Purchases (described below), plus 
5% of your Regular Balance.

b.

Each Purchase will have a fixed monthly payment amount which we calculate when the 
Purchase is posted to your Account. We determine the fixed monthly payment amount for 
a Purchase by multiplying the Purchase amount by 5%, and then rounding the result to 
the nearest dollar. If the remaining balance of a Purchase plus accrued interest on that 
Purchase is less than the fixed monthly payment amount, we will reduce the fixed 
monthly payment amount for that Purchase accordingly. We will continue to include the 
fixed monthly payment amount for a Purchase in the monthly minimum payment due until 

the Purchase plus accrued interest on that Purchase is paid in full. 

If you make a payment in excess of the monthly minimum payment due for any month, it 
will not reduce the fixed monthly payment amount applicable to any Purchase that is 
used to calculate your monthly minimum payment due in subsequent months, but it may 
result in your paying off a Purchase more quickly. 

Your monthly minimum payment due also will
include the greater of (i) any past due 
amount, or (ii) any amount by which the New Balance exceeded your Credit Limit. Your 
monthly minimum payment due will never exceed your New Balance. 

Payments should be mailed with the payment coupon and in the envelope provided and 
following the other instructions on the monthly statement to Bankcard Services, P.O. Box 
84049, Columbus, Georgia 31908. Any payment we receive in that form and at that 
address on or before 5:00 P.M. Eastern Time on a normal banking day will be credited to 
your Account that day. If we receive your payment in that form and at that address after 
5:00 P.M. Eastern Time on a normal banking day, or any time on a non-banking day, we 
will credit it to your Account
the next banking day. Please allow at least seven (7) 
business days for postal delivery. Payments we receive at any other location or in any 
other form may not be credited as of the day we receive them. If we accept a payment at 
some other place, we may delay the crediting of the payment for up to five (5) days. This 
interest charges, and may 
may cause you to incur Late Payment Fees and additional
result in your Account being declared in default. 

When you provide a check as payment, you authorize us either to use information from 
your check to make a one-time electronic fund transfer from your account or to process 
the payment as a check transaction. When we use information from your check to make 
an electronic fund transfer, funds may be withdrawn from your account as soon as the 
same day we receive your payment and you will not receive your check back from your 
financial institution. 

At any time, you may pay part or all you owe on your Account without incurring any 
additional charge for prepayment. The amount of any payment that exceeds your total 
New Balance will be applied as a credit to your Account, and any remaining credit 
balance will be refunded as required by law. 

Credit availability may be delayed at our sole discretion to ensure payment in good funds, 
and your total Credit Limit may not reflect your payments for up to 14 days. 

Application of Payments. For each Billing Cycle, we will allocate payment amounts up 
to charges and principal due (including new 
to your monthly minimum payment
transactions) in any way we determine. We will generally apply payment amounts up to 
your monthly minimum payment in a manner most favorable or convenient for us. 

For each Billing Cycle, to the extent your payments exceed your monthly minimum 
payment, we will apply these excess amounts in the order required by applicable law. 
During the last two Billing Cycles of a deferred interest period, if you have an outstanding 
deferred interest balance, we will apply these excess amounts to the deferred interest 
promotion balance.

DEFERRED INTEREST  

Each Purchase on your Account is subject to up to 12 months of deferred interest, 
beginning on the date of the Purchase (the “deferred interest period”).
Interest will be 
charged to your Account from the date of the Purchase if the Purchase balance is not 
paid in full within the deferred interest period or if you make a late payment. 

Each Purchase transaction accrues interest from the Date of the Purchase, but we will 
not charge that interest to your Account if you pay that Purchase balance in full before 
the end of the deferred interest period and you make monthly minimum payments as 
required. The deferred interest period will end when one or more of the following events 
occur: 

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12 months from the Purchase date; 
Your Account becomes more than 180 days past due; 
Your Account is charged off for any reason. 

Interest on each Purchase transaction will accrue during the deferred interest period at 
34.9% APR. 

You must make monthly minimum payments during the deferred interest period. The 
monthly statement we send you will include these monthly minimum payment amounts 
and will help you keep track of your Purchase balance(s) and their deferred interest 
period(s). Paying only the monthly minimum payment may not pay off the Purchase 
balance within the deferred interest period. You may have to make additional or 
increased payments during the deferred interest period to avoid having to pay all accrued 
deferred interest. 

After the deferred interest period, interest will be charged at 34.9% APR.

HOW INTEREST CHARGES ARE DETERMINED  

Your Interest Rate. We use a daily periodic rate to calculate the interest on your 
account. The daily periodic rate is the applicable APR multiplied by 1/365. The daily 
periodic rate for your account is 0.0956% and the applicable APR is 34.9%. 

When We Charge Interest. We charge interest on your Purchases from the date you 
make the purchase until you pay the purchase in full. 

How We Calculate Interest. We calculate interest separately for each balance segment 
on your Account. We do this by applying the daily periodic rate to your average daily 
balance (including new Purchases), and then multiplying the resulting number by the 
number of days in the Billing Cycle for each balance segment. An average daily balance 

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FEB 1678 V1

is calculated for the following balance segments as applicable: Purchase Balance 
segments and the Regular Balance segment. 

your Account and considering you for new offers and programs. 

Notice of Inaccurate Information  

We calculate interest for each balance segment as follows: 

1.

2.

For each day, we take the beginning balance of each balance segment in 
including any unpaid interest charges, add any new 
the billing cycle,
purchases and debits, and then subtract
the applicable portion of any 
payments and credits. This gives us the daily balance. Late Payment Fees, 
Returned Payment Fees, and Documentation Fees are not included in the 
daily balance. 
Then, we add all the daily balances for the billing cycle together and divide 
the total by the number of days in the billing cycle. This gives us the average 
daily balance. 

3. Next, we multiply the daily periodic rate by the average daily balance. 
4.

Finally, we take the resulting number from #3 and multiply it by the number 
of days in the billing cycle. This gives us the interest charge for each balance 
segment for the billing cycle.

OTHER FEES 

In addition to interest charges, other fees may be applied to your Account, as set forth 
below. The amounts of these fees may change from time to time during the term of your 
Account. 

Late Payment Fee 

If we do not receive your monthly minimum payment due by the Closing Date of the 
Billing Cycle in which the Payment Due Date occurs and the amount past due on your 
Account is more than $9.99, we will apply a Late Payment Fee to your Account. The 
Late Payment Fee is $27 if we did not charge a Late Payment Fee during any of the prior 
six billing periods. Otherwise, the Late Payment Fee is $38. The Late Payment Fee will 
never exceed the amount of your most recently required monthly minimum payment. 

Returned Payment Fee  

If any payment on your Account is returned to us unpaid for any reason, we will apply a 
Returned Payment Fee to your Account. The Returned Payment Fee is $27 if we did not 
charge a Returned Payment Fee during any of the prior six billing periods. Otherwise, 
the Returned Payment Fee is $38. The Returned Payment Fee will never exceed the 
monthly minimum payment. 

Documentation Fee  

You may request a copy of a monthly statement previously sent
to you for a 
Documentation Fee of $3 per statement, which fee we will charge to your Account. 
Copies of sales tickets or other items posted to your Account may be obtained for a 
Documentation Fee of $10 per sales ticket or other item, which will be applied to your 
Account. Notwithstanding the foregoing, we will not impose any fee in connection with a 
good faith assertion of a billing error or other exercise of your Billing Rights (see below 
under “Your Billing Rights - Keep This Notice for Future Use”).

If you believe that we have information about you that is inaccurate or that we have 
reported or may report
is 
inaccurate, please notify us of the specific information that you believe is inaccurate by 
writing to us at Bankcard Services, P.O. Box 4499, Beaverton, OR 97076. 

to a credit reporting agency information about you that

Unless prohibited by applicable law, your Account

Default and Collection.
is 
considered to be in default if (1) you fail to make the required monthly minimum payment 
due on or before its payment due date, including if your payment is returned or cannot be 
processed and you do not correct that failure within 31 days, (2) you try to exceed or do 
exceed your Credit Limit without permission and do not bring your Account back under 
your Credit Limit within 31 days, (3) you become subject to bankruptcy or insolvency 
proceedings, (4) you become subject to attachment or garnishment proceedings, (5) you 
give us any false information or signature, (6) you die, or (7) you fail to comply with any 
portion of this Agreement. Our accepting a late or partial payment does not waive default. 
Default on this Account will constitute default on all accounts you hold with us. 

Subject to any notice of default and right to cure or other restrictions of applicable law, if 
you are in default, we may declare the entire balance due immediately. Except as 
provided in the Arbitration Provision below, you agree to pay our reasonable costs and 
attorneys’ fees and expenses related to the collection of your Account to the extent 
permitted by applicable laws. 

Change of Terms 

Subject to the limitations of applicable law, we may, at any time, change or remove 
any of the terms and conditions of, or add new terms or conditions to, this 
Agreement. If required by applicable law, we will mail written notice of such a 
change to you in the manner required by such law. As of the effective date, the 
changed or new terms will apply to new Purchases and to the outstanding balance 
of your Account, subject to the limitations of applicable law.  

Delay in Enforcement 

We can delay enforcing our rights under this Agreement without losing them.

OTHER PROVISIONS 

Ownership and Use of Your Account  

As the Accountholder(s), you are liable for all Credit obtained under your Account. If you 
authorize another person to use your Account Number, you are liable for any Credit 
obtained on your Account for as long as that person holds or uses the Account Number. 
Misuse of your Account by an authorized person will not be considered unauthorized 
use. See “Lost Account Number and Unauthorized Use” above. 

Transactions 

You will
transaction receipt from Retailer. 

retain for statement verification purposes your copy of each Purchase 

LOST ACCOUNT NUMBER AND UNAUTHORIZED USE

Refunds for Goods and Services  

If your Account Number is lost or stolen or used without your consent, you may be liable 
for the unauthorized use of your Account, but you will not be liable for unauthorized use 
that occurs after you notify us orally or in writing of the loss, theft or possible unauthorized 
use at: Bankcard Services, P.O. Box 4477, Beaverton, OR 97076, 1-888-260-4532. In 
any case, your liability will not exceed $50.

OUR RIGHTS, AND HOW THEY AFFECT YOU  

Telephone Monitoring and Recording  

You consent and agree that, from time to time, except as restricted by applicable law, we 
record telephone calls regarding your Account, suppress caller 
may monitor or
identification services and use an automated dialing and announcing system or 
pre-recorded messages for account management purposes,
including calls made for 
account collection purposes. If you provide us with a cellular phone number either as part 
of your Application, or at any time thereafter, including, without limitation, after your 
Account is in a default status, you are expressly consenting that we, our agents and 
successors in interest, subject to any limitations of applicable law, may (1) contact you at 
that number
including by text message, and (2) use automated telephone dialing 
systems to initiate such contacts and/or leave recorded messages. For Text Messages: 
Message and data rates may apply. 

In accordance with applicable law, we or our representatives may contact you from time 
to time regarding your Account, or to ask for additional
information about you or your 
experience with us. You agree that such contacts are not unsolicited and may include 
contacts at your home or place of employment, during weekdays, weekends or holidays, 
on your mobile telephone, voicemail or answering machine, or by email, fax, recorded 
message, text message or personal visit. 

Email 

If you provide us at any time with an email contact for your Account, you agree we may 
use that email address to contact you about your Account and may send you information 
about products and services related to your Account. If, at any time, you would like to 
limit the types of communications you receive from us by email, please contact us at 
Bankcard Services, P.O. Box 4477, Beaverton, OR 97076, 1-866-946-9575, or, if you 
receive an email from us, you can select the “unsubscribe” link that is located in every 
email. 

Refunds 

If Retailer agrees to give a refund, you will accept a credit on your Account instead of a 
cash refund. 

No Waiver of Rights; Disputed Amounts  

We can accept late or partial payments without losing any of our rights under this 
Agreement. You agree not to send us partial payments marked “paid in full,” 
“without recourse,” or similar restrictive language. If you send such a payment, we 
may accept it without losing any of our rights under this Agreement. All written 
communications concerning disputed amounts,
including any check or other 
payment instrument that indicated that the payment constitutes “payment in full” 
of the amount owed or that is tendered with other conditions or limitations or as 
full satisfaction of a disputed amount, must be mailed or delivered to Bankcard 
Services, P.O. Box 4499, Beaverton, OR 97076.  

Credit Reports and Information  

You authorize us to make or have made any credit, employment, or other investigative 
inquiries we deem appropriate to extend you credit or collect amounts owed to us on 
your Account. We (including any assignee of the Account or amounts owing under the 
Account) may also obtain information about you from credit reporting agencies or others 
at any time and use it for the purposes of monitoring your credit performance, managing 

Refunds for goods and services are governed by Retailer. Any refunds for goods or 
services purchased from Retailer through an extension of Credit on your Account will be 
issued as a credit adjustment to your Account. When we are notified by Retailer of any 
from your 
refund amount, we will subtract an amount equal
Account. However,
the fixed minimum payment amount attributable to the related 
Purchase transaction amount will continue to be included in your monthly minimum 
payment. If a refund amount results in a credit balance on your Account, we will refund 
your credit balance. 

to the refund amount

Transfer and Termination of Your Account  

You may not transfer your Account to any other person. We may assign your Account or 
amounts you owe on your Account to any other person at any time and the assignee will 
take our place under the Agreement with respect
to all agreements and interests 
transferred. You must pay the assignee and otherwise perform your obligations under the 
assigned agreements and interests. Either you or we may terminate or suspend your 
Credit privileges at any time, with or without cause and with or without advance notice, 
but you will remain liable for all charges until they are paid in full. You may cancel your 
Account at any time by writing to us at Bankcard Services, P.O. Box 4477, Beaverton, 
OR 97076. If you have a joint Account and want to remove one of the names from the 
Account, we must receive a written request signed by both of the Accountholders on the 
Account. No party is released from the obligation for the balance owing on a joint 
Account, unless we agree to the arrangements in writing. You may have to re-apply for 
an individual Account when you request a change from a joint Account to an individual 
Account. 

Additional Benefits and Services  

From time to time, we may offer you benefits and services with your Account. We or 
another party may provide these benefits and services. Unless expressly made a part of 
this Agreement, and except as provided in the Arbitration Provision below, any such 
benefits and services are not a part of this Agreement, and are subject only to the terms 
and conditions outlined in the benefits or services brochure and other official documents 
provided to you with respect to the benefits and services. We may adjust, add, or delete 
benefits or services at any time in accordance with the brochures or documents you 
receive. Except as required by applicable law, we are not liable for benefits or services 
that other parties provide or for their actions or omissions. 

Honoring Your Account  

We are not liable for the failure or refusal of Retailer to accept your Account Number. 
Although you may have Credit available, we will not be liable for the failure to authorize 
Credit due to operational difficulties or mistakes. Transactions made above a certain 
dollar amount may require that we authorize the transaction before the transaction is 
approved.
the number and amount of daily transactions 
approved for security reasons. 

In addition, we may limit

Change of Address, Employment and Telephone  

We will send all written notices and statements to your address as it appears on our 
records. To avoid delays and missed payments that could affect your credit standing, you 
agree to promptly advise us if you change your mailing address, place of employment, or 
telephone number. 

Severability 

In the event
unenforceable for any reason, the remaining provisions will remain in effect. 

that any provision of

this Agreement

is determined to be invalid or 

Entire Agreement; Interpretation 

This Agreement (including the other documents incorporated herein by reference as 

Page 2 of 3

FEB 1678 V1

not required to investigate any potential errors, and you may have to pay the amount in 
question. 

What Will Happen After We Receive Your Letter  

When we receive your letter, we must do two things:  

1. Within 30 days of receiving your letter, we must tell you that we received 

your letter. We will also tell you if we have already corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or 

explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error:  

• We cannot try to collect the amount in question, or report you as delinquent 

on that amount. 
The charge in question may remain on your statement, and we may continue 
to charge you interest on that amount. 

• While you do not have to pay the amount in question, you are responsible for 

the remainder of your balance. 

• We can apply any unpaid amount against your credit line. 
After we finish our investigation, one of two things will happen:  

If we made a mistake: You will not have to pay the amount in question or any 
interest or other fees related to that amount. 
If we do not believe there was a mistake: You will have to pay the amount in 
question, along with applicable interest and fees. We will then send you a 
statement of the amount you owe and the date payment is due. We may 
then report you as delinquent if you do not pay the amount we think you 
owe. 

•

•

•

If you receive our explanation but still believe your bill is wrong, you must write to us 
within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as 
delinquent without also reporting that you are questioning your bill. We must tell you the 
name of anyone to whom we reported you as delinquent, and we must
those 
organizations know when the matter has been settled between us. 

let

If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question, even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Account Purchases

If you are dissatisfied with the goods or services that you have purchased with your 
Account, and you have tried in good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 

1.

2.

3.

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.) 
You must have used your Account for the Purchase. Purchases made with 
cash advances from an ATM or with a check that accesses your Account do 
not qualify. 
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: Bankcard Services, P.O. Box 4499, Beaverton, OR 97076. 

While we investigate, the same rules apply to the disputed amount as discussed above. 
After we finish our investigation, we will tell you our decision. At that point, if we think you 
owe an amount and you do not pay, we may report you as delinquent.

Your Genesis Credit® Account is issued by: 

First Electronic Bank 

2150 South 1300 East #400  

Salt Lake City, Utah 84106

discussed above) constitutes the final expression of the credit agreement between you 
and us relating to your Account. The headings used in this Agreement are for the 
convenience of reference only and are not intended to define or describe the scope or 
intent of any portion of the Agreement. 

Governing Law. Except as expressly set forth in the Arbitration of Disputes Provision in 
the Agreement, this Agreement and the interpretation and enforcement thereof (including 
but not limited to the exportation of interest rates) will be governed by Federal law that 
applies to us and, to the extent not preempted by Federal law, the laws of the State of 
Utah, without regard to its conflicts of law provisions and principles.
If there is any conflict 
between any of the terms and conditions of the Agreement and applicable Federal or 
State law, this Agreement will be considered changed to the extent necessary to comply 
with the applicable law. 

PLEASE READ THIS ARBITRATION OF 
Arbitration of Disputes Provision.
DISPUTES PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION 
NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, 
AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL 
ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL 
RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A 
(3) LESS INFORMATION WILL BE 
CLASS ACTION OR SIMILAR PROCEEDING;
AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 

This provision replaces any existing arbitration provision with us and will stay in force no 
matter what happens to your Account, including the closing of your Account. Except as 
expressly provided below, you and we must arbitrate individually, by binding arbitration 
under the Federal Arbitration Act (“FAA”), any dispute or claim between you, any joint 
Accountholder and/or Authorized User, on the one hand, and us, our affiliates and 
agents, on the other hand, if the dispute or claim arises out of or is related to (a) this 
Agreement (including without limitation, any dispute over the validity of this Agreement to 
arbitrate disputes or of this entire Agreement), or (b) your Account, or (c) any relationship 
resulting from this Agreement, or (d) any insurance or other service related to your 
Account, or (e) any other agreement related to your Account (including prior agreements) 
or any such service, or (f) breach of this Agreement or any other such agreement, 
whether based on statute, contract, tort or any other legal theory (any “Claim”). However, 
we will not require you to arbitrate any individual Claims in small claims court or your 
state’s equivalent court, so long as it remains an individual case in that court. 

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE 
ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, 
YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY 
ACCOUNTHOLDER WHO IS NOT A JOINT ACCOUNTHOLDER WITH YOU OR AN 
AUTHORIZED USER ON YOUR ACCOUNT (AN “UNRELATED ACCOUNTHOLDER”), 
AND YOU AGREE THAT NO UNRELATED ACCOUNTHOLDER MAY BRING ANY 
CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND AN UNRELATED 
ACCOUNTHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION.
THE 
ARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS, 
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY SUCH 
CLAIMS YOU BRING ON BEHALF OF AN UNRELATED ACCOUNTHOLDER. 

Judgment on the arbitration award may be entered in any court having jurisdiction. Any 
dispute regarding whether a particular controversy is subject
to arbitration, or the 
applicability or enforceability of the foregoing paragraph, will be decided by a court and 
not by an arbitrator. 

to the most

recent address for you in our

If you or we elect to arbitrate a claim, the electing party must notify the other party in 
writing. The notice can be given after the beginning of a lawsuit and can be given in 
papers filed in the lawsuit. Otherwise, your notice must be sent to Bankcard Services, 
Attn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our notice must 
be sent
files. The arbitration will be 
administered by the American Arbitration Association (the “AAA”) under its rules in effect 
at the time an arbitration is commenced that are applicable to the resolution of consumer 
disputes (the “Arbitration Rules”). We will tell you how to contact the AAA and how to get 
a copy of the Arbitration Rules without cost if you ask us in writing to do so. The 
Arbitration Rules permit you to request deferral or reduction of the administrative fees of 
arbitration if paying them would cause you a hardship. In addition, if you ask us in writing, 
we will consider your request to pay any or all of your costs of arbitration. 

Each arbitrator shall be a licensed attorney who has been engaged in the private practice 
of law continuously during the ten years immediately preceding the arbitration or a retired 
judge of a court of general or appellate jurisdiction. The arbitration award shall award 
jurisdiction could properly award under 
only such relief as a court of competent
applicable law, including attorneys’ fees if allowed by applicable law or agreement. All 
statutes of limitation, defenses, and attorney-client and other privileges that would apply 
in a court proceeding will apply in the arbitration. 

If any provision of this Section regarding arbitration of disputes shall be deemed to be 
unenforceable, the remainder of this Section shall be given full force and effect. However, 
if the provision precluding class, representative or private attorney general Claims in 
arbitration is deemed unenforceable, then this entire Arbitration Agreement shall be void 
and of no force and effect. 

You may reject this provision, in which case only a court may be used to resolve any 
dispute or claim. Rejection will not affect any other aspect of the Agreement. To reject 
this Provision, you must send us a notice within 60 days after you open your Account or 
we first provide you with a right to reject this Provision. This notice must include your 
name, address and Account number and be mailed to Bankcard Services, Attn: 
Arbitration Provision, P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you 
can reject this Provision.

YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit Billing 
Act. 

What To Do If You Find A Mistake On Your Statement  

If you think there is an error on your statement, please write to us at: Bankcard Services, 
P.O. Box 4499, Beaverton, OR 97076. 

In your letter, give us the following information: 

•
•
•

Account information: Your name and Account Number. 
Dollar amount: The dollar amount of the suspected error. 
Description of problem: If you think there is an error on your bill, describe 
what you believe is wrong and why you believe it is a mistake. 

You must contact us: 

• Within 60 days after the error appeared on your statement. 
•

At least three (3) business days before an automated payment is scheduled, 
if you want to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are 

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