PRICING INFORMATION 
As of December 31, 2011 

Annual Percentage Rate (APR) 
for Purchases  

0% introductory APR for one year (which is a daily periodic rate of 0%). 

After that, the APR will be 29.9% (which is a daily periodic rate of 
.08191%).  This APR will vary with the market based on the Prime Rate 
plus a margin of 26.65 percentage points. 

APR for Cash Advances and 
Balance Transfers* 

29.9% (which is a daily periodic rate of .08191%). 

Paying Interest  

This APR will vary with the market based on the Prime Rate plus a 
margin of 26.65 percentage points. 

Your due date is at least 21 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 
and balance transfers on the transaction date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than 50¢. 

Annual Fee 

No annual fee for one year, then $25 

Transaction Fees 

•  Balance Transfer 
•  Cash Advance 

Either $3 or 3% of the amount of each transfer, whichever is greater 
Either $3 or 3% of the amount of each cash advance, whichever is greater 

Penalty Fees 

•  Late Payment  
•  Returned Payment 

Up to $35 
Up to $35 

Variable Rate Information 

How We Will Calculate Your 
Balance 

The APR is a variable rate (other than on the Average Daily Balance of 
purchases for the period beginning on the date your account is open until 
the last day of the twelfth billing cycle after your account is open) and will 
be adjusted according to the Index Rate. The Index Rate is the Prime Rate 
published in The Wall Street Journal on the last business day of the month 
immediately preceding the month in which the billing cycle commences.  
The daily periodic rate is determined by dividing the APR currently in 
effect by 365, and then truncating that number to the nearest one hundred 
thousandth percent.  The rate so determined will remain in effect until the 
first day of the next billing cycle, when it will be adjusted again.  An 
increase in the Index Rate may result in an increase in the minimum 
monthly payment.  The APR on the Average Daily Balance of purchases 
obtained after the last day of the promotional period and on the Average 
Daily Balance of cash advances will decrease if there is a decrease in the 
Index Rate.  

We use a method called “average daily balance (including new  
transactions).”  We figure the interest charge on your account by 
multiplying the applicable daily periodic rate by the “Average Daily 
Balance” of purchases and “Average Daily Balance” of cash advances and 
then multiplying the products by the number of days in the billing cycle.  
To get the “Average Daily Balance” of purchases, we start with the 
beginning balance of purchases on your account each day, including billed 
and unpaid interest charges related to purchases, and add any new 
purchases and other debit adjustments and subtract any payments or credits.  
This gives us the daily balance.  At the end of each day, we multiply the 
daily balance by the daily periodic rate.  The result is then added to the 
daily balance to determine the next day’s beginning balance.  If the daily 
balance is negative, then it is considered to be zero.  At the end of the 
statement period, we add up all the daily balances for the billing cycle and 
divide by the total number of days in the billing cycle to get the “Average 
Daily Balance” of purchases.  To get the “Average Daily Balance” of cash 
advances, we start with the beginning balance of cash advances on your 
account each day, including billed and unpaid interest charges related to 
cash advances, and add any new advances and other debit adjustments and 
subtract any payments or credits.  This gives us the daily balance.  At the 
end of each day, we multiply the daily balance by the daily periodic rate. 
The result is then added to the daily balance to determine the next day’s 
beginning balance.  If the daily balance is negative, then it is considered to 
be zero.  At the end of the statement period, we add up all the daily 
balances for the billing cycle and divide by the total number of days in the 
billing cycle to get the “Average Daily Balance” of cash advances.  

*Balances transferred from another credit card account are treated for all purposes as a cash advance. 

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
CREDIT CARD AGREEMENT 

This agreement contains the terms and conditions that govern your 1st Financial Bank USA (Bank) MasterCard® or 
Visa® credit card account.  The first time you or someone you authorize uses your credit card account to purchase 
goods or services or to get a cash advance means that you have accepted this agreement and you will be responsible 
for all authorized use of the account.  Any authorized user of the account agrees to comply with the terms of this 
agreement and is jointly liable with you for his or her use of the account. 

PURCHASES: You can use your credit card to purchase goods and services at participating merchants, subject to 
your available credit.  We will add the amount of each purchase to a part of your account we call purchases. 

CASH ADVANCES: You can obtain cash advances in any of the following three ways, subject to your available 
credit: using your credit card at a designated automated teller machine (ATM), presenting your credit card to a bank 
displaying a MasterCard® or Visa®  sign, or using convenience checks that we may issue to you.  By using an 
ATM, with a Personal Identification Number (PIN) that has been issued to you, you can obtain cash advances 
(loans) up to the limitations described herein, and subject to applicable ATM cash availability and regulations.  We 
add the amount of each cash advance to the part of your account we call cash advances.  You can also obtain cash 
advances in amounts of $50 or more by presenting your credit card at any bank displaying a MasterCard® or Visa® 
sign, subject to the limitations stated in this agreement and further subject to applicable cash availability and the 
regulations of that bank.  You may use convenience checks we may issue to you in connection with your account to 
obtain cash advances up to your available credit.  We may dishonor any check if your account is delinquent, it 
would cause your account to exceed your credit limit, or you are otherwise in violation of any provision of this 
agreement.  You may stop payment on a convenience check if we have not paid the check and we receive your stop 
payment request by 5:00 p.m. Central Time on the business day prior to the business day on which we receive your 
check.  If we do not receive your stop payment request by the time specified in this agreement, we are not required 
to stop payment on the check.  You may notify us to stop payment orally or in writing.  You may be required to send 
written confirmation of an oral stop payment request within 14 days.  Your written stop payment request expires in 
six months from receipt by us of written confirmation unless you renew it in writing.   

BALANCE TRANSFERS: You can transfer balances from other credit card accounts to your account up to your 
available credit by using convenience checks that we may issue to you.  Balances that you transfer from other credit 
card accounts will be treated as a cash advance for purposes of this agreement.   

MONTHLY STATEMENTS: The Bank will send you a statement at the end of each monthly statement period on 
which there is a debit or credit balance of more than $1 or on which interest charges have been imposed.  The 
statement will show all transactions, the unpaid balance on your account (called “new balance”), your available 
credit (your credit limit less the new balance), the minimum payment due, and the payment due date. 

PAYING INTEREST: Your payment due date will be at least 21 days after the close of each billing cycle. We will 
not charge you any interest on purchases first appearing on your current billing statement (new purchases), or any 
portion thereof, paid by the payment due date shown on that statement if you paid the new balance on your previous 
billing statement in full by the payment due date shown on that statement.  We will begin charging interest on cash 
advances and balance transfers on the transaction date.  

CREDIT LIMIT: The Bank assigns you a credit limit when your account is approved.  You promise not to allow 
your unpaid balance to exceed your credit limit.  If we allow you to make a purchase and/or obtain a cash advance 
which causes your balance to exceed your credit limit, you agree to pay the Bank the excess immediately.  
Permitting you to exceed your credit limit does not prevent the Bank from enforcing your credit line in the future.  
The Bank may increase your credit limit from time to time, at your request or upon review of your account.  The 
Bank will notify you in writing if your credit limit is lowered for any reason. 

YOUR PAYMENT PROMISE: You agree to pay the Bank for all purchases and cash advances made on your 
account, together with interest charges when such charges are applicable according to the terms of this agreement. 

 MAKING  PAYMENTS:  The  minimum  payment  due  on  each  statement  will  be  equal  to  1%  of  the  new  balance 
shown on that statement (excluding any interest charge and late fee and, if applicable, one-twelfth of any annual fee 
assessed to your account) plus any interest charge and late fee assessed for that billing cycle plus, if applicable, one-
twelfth of any annual fee assessed to your account.  The minimum payment due will always include any amounts 
delinquent or over limit and will not be less than $15, unless the entire new balance or the interest charges on your 
account are less than $15, in which case the minimum payment due will be equal to the entire new balance.  If the 
entire new balance is greater than $15 and consists only of interest charges, the minimum payment due will be equal 
to the interest charges.  For each minimum payment due that is greater than $15, the minimum amount due will be 
rounded to the next highest whole dollar.  Credits to your account which result from credits initiated by merchants 
from whom you purchased goods or services using your credit card or credits issued by the Bank shall not constitute 
a payment.  If you pay more than the minimum payment, the excess is credited to your account, and your balance is 
reduced accordingly.   

The Bank may not require you to make a minimum payment during certain designated billing cycles.  When the 
Bank offers you this skip-payment option, and you do not make the minimum payment during any billing period, 
interest charges will continue to apply to your account as provided in this agreement.  

IRREGULAR PAYMENTS: The Bank may accept late payments, partial payment, or checks or money orders 
labeled “payment in full” without losing its rights under this agreement. 

APPLYING PAYMENTS: Any payment received in excess of the minimum payment due will be allocated first to 
the balance bearing the highest annual percentage rate and then to each successive balance bearing the next highest 
rate until the excess payment is exhausted.  The amount of any payment received that is equal to or less than the 
minimum payment due and credits will be allocated in the manner we determine.  In most instances, we will allocate 
such payments and credits to balances with lower annual percentage rates before balances with higher rate. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
CREDITING PAYMENTS: Payments received by 5:00 p.m. (Central Time) will be credited to your account as of 
the date of receipt if received in readily identifiable form in the specified manner and at the specified location.  
Payments received after 5:00 p.m. (Central Time) will be credited to your account as of the next calendar day if 
received in readily identifiable form in the specified manner and at the specified location.   

PROCESSING PAYMENTS: The Bank may process payments made by check electronically by transmitting the 
routing number, account number and check serial number to your bank.  The Bank may also electronically re-
present checks that are returned for insufficient or uncollected funds. 

INTEREST CHARGES:  The Bank figures the interest charge on your account by multiplying the applicable daily 
periodic rate to the “Average Daily Balance” of purchases and “Average Daily Balance” of cash advances, and then 
multiplying the products by the number of days in the billing cycle.  The annual percentage rate and daily periodic 
rate are shown on the front side of the monthly statement for the billing period covered by each statement.  The 
“Average Daily Balance” of purchases and cash advances is computed separately as follows:   

For Purchases– Average Daily Balance (including New Purchases): To get the “Average Daily Balance,” the Bank 
starts with the beginning balance of purchases on your account each day, including billed and unpaid interest 
charges related to purchases, and adds any new purchases and other debit adjustments and subtracts any payments or 
credits.  This gives the Bank the daily balance.  At the end of each day, the Bank multiplies the daily balance by the 
daily periodic rate.  The result is then added to the daily balance to determine the next day’s beginning balance.  If 
the daily balance is negative, then it is considered to be zero.  At the end of the statement period, the Bank adds up 
all the daily balances for the billing cycle and divides by the total number of days in the billing cycle to get the 
“Average Daily Balance.” This method of calculating the “Average Daily Balance” involves daily compounding of 
interest charges. 

For Cash Advances– Average Daily Balance (including New Advances): To get the “Average Daily Balance,” the 
Bank starts with the beginning balance of cash advances on your account each day, including billed and unpaid 
interest charges related to cash advances, and adds any new advances and other debit adjustments and subtracts any 
payments or credits.  This gives the Bank the daily balance.  At the end of each day, the Bank multiplies the daily 
balance by the daily periodic rate. The result is then added to the daily balance to determine the next day’s beginning 
balance.  If the daily balance is negative, then it is considered to be zero.  At the end of the statement period, the 
Bank adds up all the daily balances for the billing cycle and divides by the total number of days in the billing cycle 
to get the “Average Daily Balance.” This method of calculating the “Average Daily Balance” involves daily 
compounding of interest charges. 

There is no time in which you can pay the balance of cash advances in order to completely avoid interest charges. 

Interest Rate Adjustments:  The Annual Percentage Rate (“APR”) is a variable rate (other than on the Average Daily 
Balance of purchases for the period beginning on the date your account is open until the last day of the twelfth 
billing cycle after your account is open) and will be adjusted according to the Index Rate. The Index Rate is the 
Prime Rate published in The Wall Street Journal on the last business day of the month immediately preceding the 
month in which the billing cycle commences.  The daily periodic rate is determined by dividing the APR currently 
in effect by 365, and then truncating that number to the nearest one hundred thousandth percent.  The rate so 
determined will remain in effect until the first day of the next billing cycle, when it will be adjusted again. 

The APR is 0% on the Average Daily Balance of purchases for the period beginning on the date your account is 
open until the last day of the twelfth billing cycle after your account is open (promotional period).  This is a daily 
periodic rate of 0%.  The APR is 26.65 percentage points above the Index Rate on the Average Daily Balance of 
purchases obtained after the last day of the promotional period and on the Average Daily Balance of cash advances.  
This APR as of the date set forth below is 29.9%, which is a daily periodic rate of .08191%.  The APR on the 
Average Daily Balance of purchases obtained after the last day of the promotional period and on the Average Daily 
Balance of cash advances will increase if there is an increase in the Index Rate.  An increase in the Index Rate may 
result in an increase in the minimum monthly payment.  The APR on the Average Daily Balance of purchases 
obtained after the last day of the promotional period and on the Average Daily Balance of cash advances will 
decrease if there is a decrease in the Index Rate.  

The APRs will never be increased above the maximum rate permitted by law.  The foregoing APRs and daily 
periodic rates are based on the Index Rate as of November 1, 2011, and are estimates.  To obtain each APR currently 
in effect, call the Bank (toll-free) at 1-800-733-1732.  

There is a minimum interest charge of 50¢ for each billing period in which an interest charge is imposed. 

CASH ADVANCE FEE:  For each cash advance obtained, or recorded during a billing period, by presenting your 
credit card at any bank or other financial institution displaying the MasterCard or Visa sign, by using a convenience 
check that we may issue to you, or by using an ATM, you may be charged a fee of the greater of $3 or 3 percent of 
the amount of such advance.  For the purchase of any foreign currency, money order, wire transfer, person-to-person 
money transfer, or other item that is directly convertible to cash made using your credit card, you may also be 
charged a fee of the greater of $3 or 3 percent of the amount of such transaction.  This fee will be added to your cash 
advance balance. 

EXPEDITED PAYMENT FEE: You may be charged a fee of $12 for any payment you make to your account via 
our Autopay feature or with another issuer’s credit or debit card if the payment is made with the assistance of a Bank 
representative and is credited to your account as of the day it is made or as of the next business day if it is received 
after 5:00 p.m. (Central Time).  This fee will be added to your purchases balance.     

LATE PAYMENT FEE: If your minimum payment amount is not received by the Bank by the payment due date, 
you may be charged a late payment fee of up to $25 for the first late payment and up to $35 for each additional late 
payment that occurs during the next six billing cycles.  Notwithstanding the foregoing, in no event shall such fee 
exceed the amount of the required minimum periodic payment due immediately prior to the assessment of such fee, 
which may include any past due amount from prior billing cycles.  This fee will be added to your purchases balance.  

 
 
 
   
 
 
 
     
 
 
 
 
 
RETURNED PAYMENT FEE: If a payment of any type (including without limitation payment by check or 
electronic funds transfer) made to your account is returned or otherwise not honored for any reason, you may be 
charged a fee of up to $25 for the first returned payment and up to $35 for each additional returned payment that 
occurs during the next six billing cycles.  Notwithstanding the foregoing, in no event shall such fee exceed the 
amount of the required minimum periodic payment due immediately prior to the date on which the payment was 
returned to us or otherwise not honored.  This fee will be added to your purchases balance.  

RETURNED CONVENIENCE CHECK FEE: If any “credit card check” or other check issued in connection with 
your credit card account, including a convenience check, is returned by the Bank because your account is over limit, 
delinquent or closed, or you are otherwise in violation of any provision of this agreement, you may be charged a fee 
of up to $25 for the first returned “credit card check” and up to $35 for each additional returned “credit card check” 
that occurs during the next six billing cycles.  Notwithstanding the foregoing, in no event shall such fee exceed the 
amount of the check.  This fee will be added to your purchases balance. 

REPLACEMENT CARD FEE:  If your card is lost or stolen and/or you request that a new card be issued to you, 
you may be charged a fee of $10.  If you request that a new or replacement card be issued to you on an expedited 
basis, you may be charged a fee of $25.  These fees will be added to your purchases balance. 

ANNUAL MEMBERSHIP FEE:  Following the last day of the twelfth billing cycle after your account is open, you 
may be charged an annual fee of $25.  This fee will be added to your purchases balances. 

STOP PAYMENT FEE: If you stop payment on a convenience check, you may be charged a fee of $37 for each 
stop payment order.  This fee will be added to your purchases balance. 

COPY FEE: For each copy of any statement or sales, refund, or cash advance slip you request from the Bank, you 
may be charged $3.  This fee will be added to your purchases balance. 

CREDIT LIFE INSURANCE: Credit life insurance is not required. 

LIMITS ON CARD USE:  The Bank is not required to authorize a purchase or cash advance if: (1) it would cause 
your balance to exceed your credit limit; (2) payment of your entire balance has been accelerated; (3) your credit 
card has expired; (4) we have revoked your right to use your credit card; or (5) your account has been closed.  Any 
purchase or cash advance authorized by the Bank, even if the Bank is not required to, will be governed by the terms 
and conditions of this agreement.  Your credit card may not be used for any illegal transaction. 

COLLECTION COSTS:  If your account is more than thirty (30) days delinquent, the Bank may refer your account 
to collection, including the Bank’s own collection department, and you agree to pay all collection costs, including 
reasonable attorney’s fees and, as liquidated damages, the sum of $100 to compensate the Bank for the additional 
costs incurred in collection.  It is expressly agreed that the exact amount of collection costs are difficult to ascertain 
and that $100 represents the Bank’s best estimate of this cost and not a penalty.  This amount will be added to your 
purchases balance. 

JOINT ACCOUNT:  If this is a joint account, each person who signed the application (1) may obtain purchase and 
cash advances (but the total of these cannot exceed the credit limit); (2) will be responsible for paying all amounts 
owed; and (3) can close the account. 

AUTHORIZED USER:  You may, with the Bank’s permission, designate one or more other persons as an 
“Authorized User” of your account.  If you do so, you will be responsible for all purchases, cash advances, fees and 
interest charges resulting from such authorized use.  The Authorized User shall also be responsible for all purchases, 
cash advances, fees and interest charges resulting from his or her use of the account but the Bank is not required to 
seek recovery from the Authorized User before requiring payment by you.  If you decide to terminate another 
person’s authorized use of your account the Bank must receive written notice from you together with the return of 
all credit cards issued to such person, cut in half.  You remain responsible for payment of the purchases made or 
cash advances taken by the Authorized User up to the time the Bank receives your notice and the credit card(s).  In 
addition, the Bank may but is not required to close your existing account and issue you a new card and account 
number.  Also, you and the Authorized User agree that the Bank may report account information to credit reporting 
agencies in the names of both you and the Authorized User. 

TRANSFER or ASSIGNMENT: Your rights under this agreement belong to you only and may not be transferred or 
assigned.  Your obligations, however, are binding upon your heirs and legal representatives. 

SECURITY AND SET-OFF: This account is unsecured.  The Bank waives its right of set-off as well as any security 
interest the Bank may have for this account under any other agreement with you. 

AUTHORIZATIONS: Purchases and cash advances may require the Bank’s authorization.  The Bank may limit the 
number and/or the maximum dollar amount of authorization in a given day.  You agree that neither the Bank nor its 
agents shall be liable for refusing an authorization request. 

REFUSING A CREDIT CARD: The Bank will not be legally responsible in any way if anyone refuses to accept 
your credit card. 

NOTICES: Any notice sent by the Bank will be considered effective when it is delivered personally to you or 
mailed, postage prepaid to the last address the Bank has for you in its records.  Notice from you will be considered 
effective when the Bank receives it at the address shown on this agreement.  If this is a joint account, the Bank can 
notify one of you and the notice will be effective for both of you.  Similarly, one of you can notify the Bank and the 
Bank will consider it to be notice from both of you. 

CHANGING THIS AGREEMENT: The Bank may change this agreement at any time without prior notice, except 
where such notice is required by applicable Federal or South Dakota law, including, without limitation, changing the 
interest rates and the way the Bank computes interest charges or minimum payments.  

 
 
 
  
 
 
  
 
 
 
  
 
 
 
 
 
 
CLOSING YOUR ACCOUNT/ENTIRE BALANCE IMMEDIATELY DUE: You may close your account at any 
time.  Simply notify the Bank in writing, stop using your account and destroy your credit card(s).  The Bank may 
also close your account at any time it deems necessary.  If the Bank closes your account for any of the following 
reasons, your entire balance will be immediately due and payable, without notice or demand by us: (1) you miss a 
payment; (2) you break any of your promises under this agreement or any other agreement you made with the Bank; 
(3) anything you told the Bank in applying for this account is untrue; (4) you exceed your credit limit; (5) you 
become insolvent or involved in bankruptcy proceedings; (6) you make an assignment for the benefit of creditors; 
(7) you die; or (8) we reasonably deem the prospect of payment of the balance on your account to be in jeopardy for 
any reason.  Otherwise, the Bank will notify you in writing when your account is closed and you agree to 
immediately cease using your account and destroy your credit cards.  No matter who closes the account, the Bank 
will keep all rights it has and you will still have to pay the balance on your account, even if any transactions are 
made after the account is closed, together with any interest charges and any applicable fees or other charges, 
whether imposed before or after your account is closed.  The outstanding balance on your account is immediately 
due in full if the account is closed for any of the reasons listed above.  If either of us gives notice of the closing of 
the account for any reason other than one of the reasons listed above (including failure of your account to be 
renewed), the outstanding balance on the account is due in full within thirty (30) days after the date of such notice.  
Your account will continue to accrue interest charges and be subject to applicable fees until it is paid in full. 

REINSTATEMENT: If your account is closed for any reason, your account may be considered for reinstatement, 
but you may be required to provide the Bank with a new application.  Your credit card(s) remain the Bank’s 
property.  You agree to return them to the Bank or our agent immediately if asked.  

CONVERTING FOREIGN CURRENCY: All foreign purchases and cash advances made with your credit card will 
be converted by the Bank and MasterCard or Visa, depending on which card is used, to United States dollars before 
being posted to your account.  The currency conversion rate used to determine the transaction amount in United 
States dollars is prescribed in the MasterCard or Visa operating regulations or conversion procedures, as applicable, 
in effect at the time the transaction is processed. MasterCard and Visa currently use a currency conversion rate that 
they select from the range of rates available in wholesale currency markets for the applicable central processing 
date, which rate may vary from the rate MasterCard or Visa itself receives, or the government-mandated rate in 
effect for the applicable central processing date.  The currency conversion rate calculated in this manner that is in 
effect on the processing date may differ from the rate in effect on the transaction date or the posting date.   

LOST OR STOLEN CARDS: You agree to notify the Bank at once if your credit card is stolen or if you suspect it is 
being used without your permission.  You may be legally responsible for the unauthorized use of your card, but you 
will not be legally responsible for the unauthorized use which occurs after you notify the Bank of the loss, theft, or 
possible unauthorized use, orally or in writing, at the address below or by dialing, toll-free: 1-800-733-1732.  In any 
case, you won’t be legally responsible for more than $50.  We reserve the right not to reinstate lost or stolen 
accounts. 

EVIDENCE: The Bank can use a copy, microfilm, microfiche, or other electronic image of any monthly statement, 
or other document to prove what you owe to the Bank or that a transaction has taken place in the event the Bank 
must go to court for any reason.  The copy, microfilm, microfiche or other electronic image will have the same 
validity as the original. 

WAIVER: The Bank may waive or delay enforcing any of its rights under this agreement without losing such rights, 
and may waive or delay enforcing any of its rights as to one person obligated under this agreement without affecting 
the obligations of any other person. 

INFORMATION SHARING: The Bank’s information sharing practices are set forth in our Privacy Policy which is 
provided to you.  By requesting, obtaining, or using a credit card from the Bank, you authorize the Bank to check 
your credit history.  You authorize your employer, bank, and any other references listed to release and/or verify 
information to the Bank and its affiliates in order to determine your eligibility to open the Account and to any 
renewal or future extension of credit thereof.  If you ask, you will be told whether or not consumer reports on you 
were requested and the names of the credit bureaus, with their addresses, that provided the reports.  If you designate 
an authorized user to use the Card, you understand that account information will also be reported to credit bureaus in 
the authorized user’s name. 

CONSENT TO ACCEPT CALLS PLACED TO CELL PHONE: Where you have provided a cell phone number 
directly to us or placed a cell phone call to us, or we have otherwise obtained your cell phone number, you consent 
and agree to accept collection and other calls to your cell phone from us.  For any telephone or cell phone calls we 
place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages.  

CONSENT TO ACCEPT EMAIL COMMUNICATION:  If you have provided your email address to us, we may 
use it to communicate with you about your account, including for purposes of collection.  

APPLICABLE LAW: This agreement will be governed by the law of the State of South Dakota.  If there is any 
conflict between any of the terms and conditions of this agreement and applicable law, this agreement will be 
considered changed to the extent necessary to comply with the law.  The other provisions shall not be affected. 

ARBITRATION: YOU AND WE HEREBY AGREE THAT EITHER YOU OR WE MAY, WITHOUT THE 
OTHER’S CONSENT, REQUIRE THAT ANY CLAIM (AS DEFINED BELOW) BE RESOLVED BY 
MANDATORY BINDING ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT AND 
SOUTH DAKOTA LAW.  FOR PURPOSES OF THIS ARBITRATION PROVISION, “CLAIM” MEANS 
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE THAT AROSE IN THE 
PAST OR THAT ARISES IN THE PRESENT OR IN THE FUTURE UNDER OR RELATING IN ANY 
WAY TO THIS CREDIT CARD AGREEMENT, THE VALIDITY OF THIS ARBITRATION PROVISION, 
YOUR CREDIT CARD ACCOUNT, OR THE ADVERTISING, APPLICATION OR APPROVAL OF 
YOUR ACCOUNT, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON STATUTE, COMMON 
LAW, CONTRACT, REGULATION, ORDINANCE, TORT, CONSTITUTIONAL PROVISION, OR ANY 
LEGAL THEORY OF LAW OR ANY OTHER LEGAL OR EQUITABLE GROUND AND REGARDLESS 
OF WHETHER SUCH CLAIM IS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF. 

 
 
 
 
 
 
 
 
 
 
CLAIMS SUBJECT TO ARBITRATION ALSO INCLUDE CLAIMS THAT ARE MADE AS 
COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. 
IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE SHALL HAVE THE 
RIGHT TO PURSUE OR LITIGATE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY, 
INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, NOR SHALL YOU HAVE 
THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE 
ACTION (SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION) OR THE RIGHT 
TO CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION OR TO ACT IN 
ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC.   

This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by 
the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended.   

This arbitration provision applies to any and all Claims that you have against us and/or any of our subsidiaries, 
affiliates, agents, licensees, predecessors, successors, assigns, and against all of their respective officers, directors, 
employees, agents, and assigns, or that we have against you.  As used in this arbitration provision, the term Claim is 
to be given the broadest possible meaning.  If you or we elect to arbitrate a Claim, the arbitration will be conducted 
as an individual action.  Neither you nor we agree to any arbitration on a class or representative basis, and the 
arbitrator shall have no authority to proceed on such basis.  This means that even if a class action lawsuit or other 
representative action is filed, such as that in the form of a private attorney general action, any Claim between us 
related to the issues raised in such lawsuit or action will be subject to an individual arbitration claim if either you or 
we elect so.  As an exception to arbitration, you retain the right to pursue in a small claims court any Claim that is 
within the court’s jurisdiction and proceeds on an individual basis.   

No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.  The only 
claims that may be joined in an individual action under this arbitration provision are (1) those brought by us against 
you and any co-applicant, joint cardholder, or authorized user of your account, or your heirs or your trustee in 
bankruptcy, or (2) those brought by you or any co-applicant, joint cardholder, or authorized user of your account, or 
your heirs or your trustee in bankruptcy against us.   

You or we may elect arbitration under this arbitration provision with respect to any Claim, even if the Claim is part 
of a lawsuit brought in court.  You or we may make a motion or request in court to compel arbitration of any Claim 
brought as part of any lawsuit.  The party filing a Claim in arbitration must choose either of the following two 
arbitration administrators: American Arbitration Association or JAMS.  These administrators are independent of us.  
The administrator does not conduct the arbitration.  Arbitration is conducted under the rules of the selected 
arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration 
administration and as may be provided in this arbitration provision.   

You may obtain copies of the current rules of each of the foregoing arbitration administrators, information about 
arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators 
as follows. 

American Arbitration Association 
335 Madison Avenue, Floor 10  
New York, NY 10017-4605 
(800) 778-7879 
www.adr.org  

JAMS 
1920 Main Street, Suite 300 
Irvine, CA 92614 

(949) 224-1810 
www.jamsadr.com 

In the alternative, if all parties agree, an independent third party selected by the parties may serve as arbitrator.  If 
one of the arbitration administrators listed above is for any reason unable to provide timely arbitration services, the 
parties agrees that the other arbitration administrator shall administer the arbitration.  If for any reason neither of the 
designated administrators is able to provide timely arbitration services, and the parties are unable to agree upon a 
third party to conduct the arbitration, then either party may apply to the federal district court in which the consumer 
resides for an order appointing an arbitrator pursuant to 9 U.S.C. § 5.  

Arbitration conducted pursuant to this arbitration provision shall be governed by the applicable procedures and rules 
of the arbitration administrator selected to arbitrate a Claim unless they conflict with this arbitration provision, in 
which case this arbitration provision will govern.  Such procedures and rules may limit the amount of discovery 
available to you or us.  The arbitrator shall apply substantive law consistent with the Federal Arbitration Act and 
applicable statutes of limitations, and will recognize claims of privilege recognized at law.  The arbitrator will take 
reasonable steps to protect confidential information, including the use of protective orders to prohibit the disclosure 
of such information outside the arbitration, if requested to do so by you or us.  The arbitrator will have the power to 
award damages or other relief permitted by applicable law to any party to the arbitration proceeding but will not 
have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.  
Judgment upon any arbitration award may be entered in any court having jurisdiction.   

You or we may choose to have a hearing in arbitration and to be represented by counsel.  Any arbitration hearing 
that you attend in person shall be held at a place chosen by the arbitrator or arbitrator administrator within the 
federal district in which you reside at the time the Claim is filed or at some other place to which you and we agree in 
writing.  

Failure or delay in enforcing this arbitration provision at any time or in connection any particular Claims will not 
constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims.   

This arbitration provision does not prohibit either of us from exercising any lawful rights or using other available 
remedies to preserve, foreclose or obtain possession of real or personal property; exercise self-help remedies, 
including setoff and repossession rights; or to obtain provisional or ancillary remedies such as injunctive relief, 
attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction.  Any statute of 
limitations applicable to any Claim applies to any arbitration between us.    

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Arbitration fees shall be determined by the rules or procedures of the selected arbitration administrator, unless 
limited by applicable law.  Please check with the arbitration administrator to determine the fees applicable to the 
arbitration you may file.  If applicable law limits the amount of fees and expenses to be paid by you, no allocation of 
fees and expenses to you shall exceed this limitation.  Unless inconsistent with applicable law, each of us shall bear 
the expense of our own attorney, expert, and witness fees, regardless which of us prevails in the arbitration. 

This arbitration provision shall survive: (1) termination or changes in the credit card agreement, your account, and 
the relationship between you and us concerning your account, such as the issuance of a new account number or 
transfer of a balance from one account to another account; (2) the bankruptcy of any party or any similar proceeding 
initiated by you or on your behalf; and (3) payment of the debt in full by you or by a third party.  If any portion of 
this arbitration provision dealing with class action, class arbitration, private attorney general action, other 
representative action, joinder, or consolidation is deemed invalid or unenforceable, the invalid or unenforceable 
portion shall not be severable and the entire arbitration provision shall be unenforceable.  If any other portion of this 
arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect.   

YOUR BILLING RIGHTS: 
Keep this Document for Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake on Your Statement 

If you think there is an error on your statement, write to us at: 

1st Financial Bank USA 
P.O. Box 1100 
N. Sioux City, SD 57049 

In your letter, give us the following information: 

•  Account information:  Your name and account number. 
•  Dollar amount:  The dollar amount of the suspected error. 
•  Description of problem:  If you think there is an error on your bill, describe what you believe is wrong and 

why you believe it is a mistake. 

You must contact us: 

•  Within 60 days after the error appeared on your statement. 
•  At least three business days before an automated payment is scheduled, if you want to stop payment on the 

amount you think is wrong. 

You must notify us of any potential errors in writing.  You may call us, but if you do we are not required to 
investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell you that we received your letter.  We will also tell you 

if we have already corrected the error. 

2.  Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe 

the bill is correct.   

While we investigate whether or not there has been an error: 

•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•  The charge in question may remain on your statement, and we may continue to charge you interest on that 

amount. 

•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

• 

• 

If we made a mistake:  You will not have to pay the amount in question or any interest or other fees related 
to that amount. 
If we do not believe there was mistake:  You will have to pay the amount in question, along with applicable 
interest and fees.  We will send you a statement of the amount you owe and the date payment is due.  We 
may then report you as delinquent if you do not pay the amount we think you owe. 

If you receive our 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 credit card, and you have tried 
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due 
on the purchase.   

To use this right, all of the following must be true: 

1.  The purchases must have been made in your home state or within 100 miles of your current mailing 

address, and the purchase price must have been more than $50.  (Note: Neither of these are necessary if 
your purchase was based on an advertisement we mailed to you, or if we own the company that sold you 
the goods or services.). 

2.  You must have used your credit card for the purchase.  Purchases made with cash advances from an ATM 

or with a check that accesses your credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 

1st Financial Bank USA 
P.O. Box 1100 
N. Sioux City, SD 57049 

While we investigate, the same 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.