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 obtain cash advances up to 
an  aggregate  amount  of  $1,010  in  any  calendar  day  beginning  at  12:00  midnight  (Central  Time)  and  ending  at 
11:59:59 p.m. (Central Time) by presenting your credit card at any bank displaying a Mastercard or Visa sign or at 
an ATM, subject to the limitations stated in this agreement and further subject to applicable cash availability and the 
regulations of the bank or the ATM operator. Notwithstanding the foregoing, the amount of any cash advance that 
you may obtain during a single transaction from an ATM cannot exceed $510. You may use convenience checks we 
may  issue  to  you  in  connection  with  your  account  to  obtain  cash  advances  up  to  your  available  credit.    We  may 
dishonor any check if your account is delinquent, it would cause your account to exceed your 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,  the  Total  Payment  Due  and  the 
Minimum Payment Due Date. 

PAYING  INTEREST:  Your  Minimum  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 Minimum Payment Due Date shown on that statement if you paid the 
New Balance on your previous billing statement in full by the Minimum 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  the sum of all past due 
amounts plus the current billing cycle payment. The Total Payment Due on each statement will be equal to the sum 
of the Minimum Payment Due plus the amount by which your balance exceeds the credit limit and in no event will 
exceed the New Balance. The current billing cycle payment will be equal to 1% of the New Balance shown on that 
statement (excluding any interest charge and late fee assessed for that billing cycle and, if applicable, one-twelfth of 
any annual fee assessed to your account) plus any interest charge and late fee assessed for that billing cycle plus, if 
applicable, one-twelfth of any annual fee assessed to your account. The Minimum Payment Due 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  Payment  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  Due,  the  excess  is  credited  to  your  account,  and  your  balance  is  reduced 
accordingly.   

The Bank may not require you to make the Minimum Payment Due during certain designated billing cycles.  When 
the Bank offers you this skip-payment option, and you do not make the Minimum Payment Due 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 rates. 

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  is shown on the 
monthly statement for the billing period covered by each statement.  The “Average Daily Balance” of purchases and 
cash advances is computed separately as follows:   

For Purchases–Average Daily Balance (including New Purchases):  To get the “Average Daily Balance,” the Bank 
starts  with  the  beginning  balance  of  purchases  on  your  account  each  day,  including  billed  and  unpaid  interest 
charges related to purchases, and adds any new purchases  on which interest is charged and other debit adjustments 
and subtracts any payments or credits.  This gives the  Bank the daily balance.   At the end of each day, the Bank 
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 purchases for the 
period from the date your account is open until the last day of the 12th billing cycle after your account is open) and 
will be adjusted according to the Index Rate. The Index Rate is the Prime Rate published in The Wall Street Journal 
on the last business day of the month immediately preceding the month in which the 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 purchases for the period from the date your account is open until the last day of the 12th 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  purchases  after  the  last  day  of  the  promotional  period  and  on  cash 
advances.  This APR as of the date set forth below is 29.9%, which is a daily periodic rate of .08191%. The APR 
(other than during the promotional period) will increase if there is an increase in the Index Rate.  An increase in the 
Index Rate may result in an increase in the minimum monthly payment. The APR (other than during the promotional 
period) will decrease if there is a decrease in the Index Rate.        

The  APRs  will  never  be  increased  above  the  maximum  rate  permitted  by  law.  The  foregoing  APRs  and  daily 
periodic rates are based on the Index Rate as of June 30, 2021, and are estimates. To obtain each APR currently in 
effect, call the Bank (toll-free) at 1-800-733-1732.  

There is a minimum interest charge of 50¢ for each billing period in which an interest charge is imposed. 

CASH 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  by  us  of  the  greater  of  $3  or  3 
percent  of  the  amount  of  such  advance  and  may  also  be  charged  a  fee  by  the  other  bank,  financial  institution  or 
ATM  operator.  For  the  purchase  of  any  foreign  currency,  money  order,  wire  transfer,  person-to-person  money 
transfer, or other item that is directly convertible to cash made using your credit card, you may also be charged a fee 
of the greater of $3 or 3 percent of the amount of such transaction. This fee as well as any fee charged by another 
bank, financial institution or ATM operator will be added to your cash advance balance. If a fee charged by another 
bank, financial institution or ATM operator causes the amount of an advance to exceed the applicable limit, it will 
be declined.   

 
 
 
 
 
   
 
 
 
 
 
 
LATE PAYMENT FEE: If the Minimum Payment Due is not received by the Bank by the Minimum Payment Due 
Date, you may be charged a late payment fee of up to $29 for the first late payment and up to $40 for any additional 
late payment that occurs during the next six billing cycles after a late payment.  Notwithstanding the foregoing, in no 
event shall such fee exceed the amount of the Minimum 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  $29  for  the  first  returned  payment  and  up  to  $40  for  any  additional  returned  payment  that 
occurs during the next six billing cycles after a returned payment.  Notwithstanding the foregoing, in no event shall 
such fee exceed the amount of the Minimum 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.  

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 (12th) billing cycle after your account is open, 
you may be charged an annual fee of $25 if your credit limit is less than $1,000 and $55 if your credit limit is equal 
to or greater than $1,000.  This fee will be added to your purchases balance. 

COPY FEE: For each copy of any statement or sales, refund, or cash advance slip you request from the Bank, you 
may be charged $3.  This fee will be added to your purchases balance. 

CREDIT LIFE INSURANCE: Credit life insurance is not required. 

LIMITS ON CARD USE:  The Bank is not required to authorize a purchase or cash advance if: (1) it would cause 
your balance to exceed  your  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.   

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 the Minimum Payment Due.  

 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
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:  Notify  us  immediately  at  1-800-733-1732  if  your  credit  card or  account  number  is 
lost or stolen or you believe someone is using the card or account number without your permission. We reserve the 
right not to reinstate lost or stolen accounts. 

EVIDENCE: The Bank can use a copy, microfilm, microfiche, or other electronic image of any monthly statement, 
or other document to prove what you owe to the Bank 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.   

AUTOMATIC ACCOUNT INFORMATION UPDATES. You may arrange for merchants and other third parties to 
store your account information for recurring billing or other purposes. When you arrange for merchants and other 
third parties to store your account information, you understand and agree that we may provide updated information, 
which may include changes to the expiration date, account number, and account status, to these merchants and other 
third parties. If you do not want your updated account information to be shared, please contact us using the number 
on the back of your card, contact the merchant or other third party or remove your credit card information from the 
merchant or third party. 

COMMUNICATION: You agree that we and our representatives may monitor or record any calls between you and 
us.  To  service  and  manage  your  account  or  to  collect  amounts  you  owe  to  us,  you  authorize  us  and  our 
representatives  to  contact  you  at  any  telephone  number  and  email  address  (1)  you  have  provided  to  us,  (2)  from 
which you called or emailed us, or (3) which we obtained and believe we can reach you at. You must notify us if 
your  number  or  email  address  changes.  We  and  our representatives  may  contact  you  in  any  way,  such  as  calling, 
texting or email, and may contact you using an automatic telephone dialing system and/or using pre-recorded voice 
messages in accordance with applicable law. We and our representatives may call you, which includes text messages, 
about any current or future accounts or applications and about any products you have or may have  with us at any 
telephone number you provide. We may contact you on a mobile, wireless or other device, even if you are charged 
for it by  your provider. Some of the legal purposes that  we  may contact  you to service  and  manage  your account 
include  identifying  suspected  fraud  or  identity  theft,  obtaining  information,  and  providing  you  information  about 
products and services.  

APPLICABLE  LAW:  This  agreement  will  be  governed  by  the  law  of  the  State  of  South  Dakota.    If  there  is  any 
conflict  between  any  of  the  terms  and  conditions  of  this  agreement  and  applicable  law,  this  agreement  will  be 
considered changed to the extent necessary to comply with the law.  The other provisions shall not be affected. 

 
 
 
 
 
 
 
 
 
 
 
ARBITRATION:  THIS  ARBITRATION  PROVISION  DOES  NOT  APPLY  TO  YOU  IF  AND  FOR  AS 
LONG  AS  YOU  ARE  A  “COVERED  BORROWER,”  AS  THAT  TERM  IS  DEFINED  IN  THE 
DEPARTMENT OF DEFENSE REGULATION THAT IMPLEMENTS THE MILITARY  LENDING ACT 
(“MLA”),  AND  YOU  ARE  SUBJECT  TO  THE  MLA  AND  ITS  IMPLEMENTING  REGULATION.  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.