GENESIS CREDIT® ACCOUNT AGREEMENT

F03-S345-5 -1014

Dear Accountholder:
This Agreement, as defined below, is your contract for your Account and – 
•  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 all of 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.

ACCOUNT AGREEMENT

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 holds 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 Mid America Bank & Trust Company, 
Dixon, Missouri. 
Account: The 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. 
Administrator: An agency or individual who will consider and resolve a Claim between 
you and us in accordance with the Arbitration Administrator provision of this Agreement.
Agreement: Your contract with us for your Account, which contract is composed of your 
Application and the Account opening disclosures. 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  Nautilus  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. 
Claim:  Any  claim,  dispute  or  controversy  between  you  and  us  (other  than  a  claim 
described  in  the  Excluded  Claims  or  Proceedings  provision),  whether  preexisting, 
present or future, which arises out of or relates to the Credit, this Agreement or any 
transaction conducted with us in connection with the Credit or this Agreement. “Claim” 
has the broadest possible meaning and includes initial claims, counterclaims, cross-
claims,  third-party  claims,  and  federal/state/local/administrative  claims.  It  includes 
disputes based upon contract, tort, consumer rights, fraud and other intentional torts, 
constitution,  statute,  regulation,  ordinance,  common  law,  and  equity,  and  includes 
claims for money damages and injunctive or declaratory relief. Upon your demand or 
our demand, Claim(s) will be resolved by individual (not class or class-wide) binding 
arbitration in accordance with the terms specified in the Arbitration Provision. Neither 
you nor we waive the right to require arbitration of a new Claim by bringing a Claim in a 
lawsuit or by failing to require arbitration of another Claim. 
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. 
Documentation Fee: This term has the meaning set forth in the Other Fees provision of 
this Agreement. 
Late Payment Fee: This term has the meaning set forth in the Other Fees provision of 
this Agreement. 
New Balance: The total outstanding Account balance on the Closing Date specified in 
your monthly statement. 
Notice Address for Arbitration: The address that must be used for giving notices under 
the Arbitration Provision, except as otherwise specified in the Arbitration Provision. The 
initial Notice Address for you is the latest address we have in our files. The initial Notice 
Address for us is: Bankcard Services, Attention: General Counsel – Arbitration Election, 
P.O. Box 4477, Beaverton, Oregon 97076-4477, although we may give you notice at any 
time that we have changed our Notice Address. 
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. The Regular Balance includes interest charges (on deferred interest 
Purchases)  that  accrued  during  a  deferred  interest  promotion  period  and  we  charge 
to the Account because you did not pay a deferred interest balance in full within the 
deferred interest period, and any subsequent interest charges accrued on such amounts. 
Retailer. Participating retail locations located in the U.S.: Nautilus 
Returned Payment Fee: This term has the meaning set forth in the Other Fees provision 
of this Agreement.

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
Each Purchase transaction will have a fixed monthly payment amount (which may differ 
from  your  monthly  minimum  payment  as  illustrated  below)  based  on  the  following 
schedule: 

Purchase Transaction Amount

Fixed Payment Amount

Up to $500

$500.01 to $1000

$1000.01 to $1500

$1500.01 to $2000

$2000.01 to $2500

$2500.01 to $3000

$3000.01 to $3500

$3500.01 to $4000

$4000.01 to $4500

$4500.01 to $5000

$25

$50

$75

$100

$125

$150

$175

$200

$225

$250

Your monthly minimum payment due will be the greater of: 

1.  $15; or 
2.  the sum of:

i.  all fixed payment amounts (illustrated in the table above) applicable to each of 

your Purchase transactions, plus 

ii.  5% of your Regular Balance. 

Monthly Minimum Payment Examples: 
“These examples are illustrative only and are not an actual payment calculation 
for your Account. Your actual monthly minimum payment will be calculated based 
upon your actual transaction activity.” 

Monthly Minimum Payment Example 1: 
You have made a single purchase transaction of $500. The fixed payment amount on 
this transaction, according to the chart above is $25. In addition, you have a Regular 
Balance (non-purchase transactions) of $50. Your monthly minimum payment will be 
calculated as $25 plus $2.50 for a total payment due of $27.50. This example assumes 
no  additional  purchase  transactions  or  non-purchase  transactions  have  been  made 
during your billing statement cycle. 

+  $25.00 
+  $2.50 

For the Purchase Transaction of $500 
For the Regular Balance (5% of $50) 

=  $27.50  Monthly Minimum Payment 

Monthly Minimum Payment Example 2: 
You  have  made  a  single  purchase  transaction  of  $500.  The  fixed  payment  amount 
on  this  transaction,  according  to  the  chart  above  is  $25.  At  a  later  date  during  the 
same billing cycle, you make another purchase of $600. The fixed payment amount on 
this transaction, according to the chart above is $50. In addition, you have a Regular 
Balance (non-purchase transactions) of $50. Your monthly minimum payment will be 
calculated as $25 plus $50 plus $2.50 for a total payment due of $77.50. This example 
assumes no additional purchase transactions or non-purchase transactions have been 
made during your billing statement cycle.

+  $25.00 
+  $50.00 
+  $2.50 

For the 1st Purchase Transaction of $500
For the 2nd Purchase Transaction of $600
For the Regular Balance (5% of $50)

=  $77.50  Monthly Minimum Payment

Your  monthly  minimum  payment  due  also  will  include  any  past  due  amount  or  any 
amount by which the New Balance exceeded your Credit Limit, whichever of these two 
is greater. Your monthly minimum payment due will never exceed your New Balance.
If  you  elect  not  to  pay  your  New  Balance  in  full,  you  must  pay  at  least  the  monthly 
minimum payment due by the payment due date shown on your monthly statement, 
which is at least 25 days after the Closing Date of the Billing Cycle.
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 31908-4049. 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 may cause you to incur Late Payment Fees and additional interest 
charges, and may 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 your monthly minimum 
payment  to  charges  and  principal  due  (including  new  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  (“deferred  interest  balance”)  is  subject  up  to  12 
months  of  deferred  interest,  beginning  on  the  date  of  the  Purchase  (the  “deferred 
interest period”).
Each  deferred  interest  balance  accrues  interest,  but  we  will  not  charge  that  interest 
to your Account if you pay such balance in full before the end of the deferred interest 
period. The deferred interest period will end when one or more of the following events 
occur:

•  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 a deferred interest balance will accrue during the deferred interest period at 
an APR of 29.99%, and we will charge such interest to your Account if you do not pay 
the deferred interest balance in full before the end of the deferred interest period. 
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  deferred  interest  balance(s)  and  their  deferred 
interest  period(s).  Paying  only  the  monthly  minimum  payment  may  not  pay  off  the 
deferred  interest  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.

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 0.0821% and the applicable APR is 29.99%.

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 is calculated for the 
following balance segments as applicable: purchase balance segments and the regular 
balance segment. 
We calculate interest for each balance segment as follows:

1.  For each day, we take the beginning balance of each balance segment in the billing 
cycle, including any unpaid interest charges, add any new purchases and debits, 
and then subtract the applicable portion of any payments and credits. This gives 
us  the  daily  balance.  Credit  protection  premiums  (if  applicable),  Late  Payment 
Fees and Returned Payment Fees are not included in the daily balance. 

2.  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 $5, we will apply a Late Payment Fee to your Account. The Late 
Payment Fee is $25 if we did not charge a Late Payment Fee during any of the prior six 
billing periods. Otherwise, the Late Payment Fee is $35. 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 $25 if we did not 
charge a Returned Payment Fee during any of the prior six billing periods. Otherwise, the 
Returned Payment Fee is $35. 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”).

LOST ACCOUNT NUMBER AND UNAUTHORIZED USE 

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 97076-4477, 
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  may  monitor  or  record  telephone  calls  regarding  your  Account,  suppress  caller 
identification  services  and  use  an  automated  dialing  and  announcing  system  or  pre-
recorded  messages  for  Account  Management  purposes,  including  calls  made  for 
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 limitation 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 97076-4477, 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 97076-4499.

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 your Account and considering you for new offers and programs. 

Notice of Inaccurate Information
If you  believe that we have information about you that is inaccurate or that we have 
reported  or  may  report  to  a  credit  reporting  agency  information  about  you  that  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 97076-4499.

Default and Collection
Unless prohibited by applicable law, your Account 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 Numbers and Unauthorized Use” above. 

Transactions
You  will  retain  for  statement  verification  purposes  your  copy  of  each  Purchase 
transaction receipt from Retailer.

Refunds for Goods and Services
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  refund  amount,  we  will  subtract  an  amount  equal  to  the  refund  amount  from 
your 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.

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 97076-4477. 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.  In  addition,  we  may  limit  the  number  and  amount  of  daily  transactions 
approved for security reasons.

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  that  any  provision  of  this  Agreement  is  determined  to  be  invalid  or 
unenforceable for any reason, the remaining provisions will remain in effect.

Entire Agreement; Interpretation
This  Agreement  (including  the  other  documents  incorporated  herein  by  reference  as 
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  Provision  of  this  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 Missouri, 
including  Missouri  Revised  Statutes  (Chapter  408  Legal  Tender  and  Interest) 
Section 408.145 without regard to its conflicts of law provisions and principles. If 
there is any conflict between any of the terms and conditions of this Agreement and 
applicable Federal or State law, this Agreement will be considered changed to the 
extent necessary to comply with the applicable law.

Jury Trial Waiver
TO  THE  EXTENT  PERMITTED  BY  APPLICABLE  LAW,  FOR  ANY  MATTERS  NOT 
SUBMITTED TO ARBITRATION, YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY, 
INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH 
RESPECT TO ANY LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT, 
RELATING TO THE CREDIT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN 
YOU AND US.

Class Action Waiver
TO  THE  EXTENT  PERMITTED  BY  APPLICABLE  LAW,  FOR  ANY  MATTERS  NOT 
SUBMITTED TO ARBITRATION, YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY, 
AND  INTENTIONALLY  AGREE  THAT  ANY  LITIGATION  WILL  PROCEED  ON  AN 
INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A CLASS ACTION.

Arbitration Provision 
READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON 
HOW DISPUTES AND CLAIMS THAT YOU AND/OR WE HAVE AGAINST EACH OTHER 
ARE RESOLVED. 
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH 
BELOW.  If  you  do  not  reject  this  Arbitration  Provision,  for  a  Claim  subject  to 
arbitration, neither you nor we will have the right to: (1) have a court or a jury decide 
the Claim; (2) engage in information-gathering (discovery) to the same extent as 
in  court;  (3)  participate  in  a  class  action  in  court  or  in  arbitration;  or  (4)  join  or 
consolidate your Claim(s) with claims of any other person. The right to appeal is 
more limited in arbitration than in court and other rights in court may be unavailable 
or limited in arbitration.

Arbitration Provision Governing Law
Notwithstanding  any  choice  of  law  or  other  provision  in  this  Agreement,  you  and 
we  agree  and  acknowledge  that  this  Arbitration  Provision  evidences  a  transaction 
involving  interstate  commerce  and  that  the  Federal  Arbitration  Act  (Title  9  of  the 
United  States  Code)  (“FAA”)  will  govern  its  interpretation  and  enforcement  and 
proceedings  pursuant  thereto.  Any  state  Arbitration  Act  or  Code,  including  any 
amendments thereto, of the state law governing this document does not apply to this 
Agreement or security interest, as applicable, or to any arbitration or award under this 
Agreement or security interest.

Arbitration Administrator
An Administrator is one of the following: (1) American Arbitration Association (“AAA”) 
– 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879; 
(2)  JAMS  –  1920  Main  Street,  Suite  300,  Irvine,  CA  92614,  www.jamsadr.com, 
1-800-352-5267; or (3) if both JAMS and AAA are unable or unwilling to serve as 
Administrator, a neutral and impartial arbitrator mutually acceptable to you and us. If 
you and we cannot agree on an Administrator, you and we agree that an Administrator 
may be appointed by a court in accordance with the Federal Arbitration Act, 9 U.S.C. 
§§ 1 through 16; provided, however, that no company may serve as Administrator, 
without our and your consent, if such company adopts or has in place any formal 
or informal policy that is inconsistent with and purports to override the terms of this 
Arbitration Provision. The rules and forms of JAMS and AAA may be obtained by 
writing to these organizations at the addresses listed above.

Arbitration Procedures
If you or we elect to arbitrate a Claim, the electing party must notify the other party 
in writing. This notice can be given after the beginning of a lawsuit and can be given 
in papers filed in the lawsuit. Otherwise, a notice must be sent to the Notice Address 
for Arbitration. If such a notice is given, the Claim(s) described in the notice will be 
resolved by individual arbitration under this Arbitration Provision and, to the extent 
consistent with this Arbitration Provision, the applicable rules of the Administrator 
then in effect. If a party files a lawsuit in court asserting Claim(s) that are subject 
to arbitration and the other party files a motion to compel arbitration with the court, 
which  motion  is  granted,  it  will  be  the  responsibility  of  the  party  prosecuting  the 
Claim(s) to select an Administrator in accordance with this Arbitration Provision and 
the Administrator’s rules and procedures.
A  single arbitrator will be appointed by the Administrator and, unless you and we 
agree otherwise, must be a practicing attorney with 10 or more years of experience 
or a retired judge. The arbitrator will not be bound by judicial rules of procedure and 
evidence that would apply in a court, nor by state or local laws that relate to arbitration 
provisions or proceedings. The arbitrator will honor and enforce statutes of limitation 
and claims of privilege recognized under applicable law. In determining liability and/or 
awarding damages or other relief, the arbitrator will follow the applicable substantive 
law  (consistent  with  this  Agreement  and  the  FAA)  that  would  apply  if  the  matter 

had been brought in court. The arbitrator may award any damages or other relief or 
remedies permitted by applicable law. The arbitrator will write a brief explanation of 
the grounds for the decision. A judgment on the award may be entered by any court 
having jurisdiction.

Arbitration Location and Costs
Any arbitration hearing that you attend will take place in a location that is reasonably 
convenient  for  you.  For  Claims  that  total  less  than  $25,000.00,  at  your  written 
request, we will pay all filing, hearing and/or other fees that the Administrator and 
arbitrator charge you for Claim(s) that you assert in arbitration after you have paid 
an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal 
court  (whichever  is  less)  in  the  judicial  district  in  which  you  reside.  (If  you  have 
already paid a filing fee for asserting the Claim(s) in court, you will not be required 
to  pay  that  amount  again).  In  addition,  the  Administrator  may  have  a  procedure 
whereby you can seek a waiver of fees that the Administrator and arbitrator charge 
you. We will always pay any fees or expenses (1) that we are required to pay by 
law or the Administrator’s rules or (2) that we are required to pay for this Arbitration 
Provision to be enforced. The arbitrator will have the authority to award attorneys’ 
and  expert  witness  fees  and  costs  to  the  extent  permitted  by  this  Agreement,  the 
Administrator’s rules, or applicable law. The arbitrator will always award you your 
reasonable attorneys’ and expert witness fees and costs (1) if and to the extent you 
prevail on Claims you assert against us in an arbitration commenced by you or (2) to 
the extent required under applicable law for this Arbitration Provision to be enforced.

Class Action Waiver
Notwithstanding  any  other  provision  of  this  Agreement,  if  either  you  or  we  elect 
to  arbitrate  a  Claim,  neither  you  nor  we  will  have  the  right  (1)  to  participate  in  a 
class action, private attorney general action or other representative action in court 
or in arbitration, either as a class representative or class member; or (2) to join or 
consolidate Claims with claims of any other persons. No arbitrator will have authority 
to conduct any arbitration in violation of this provision; provided, however, that the 
Class Action Waiver does not apply to any lawsuit or administrative proceeding that 
a state or federal government agency files against us, even when such agency is 
seeking relief on behalf of a class of borrowers, including you. This provision means 
that we will not have the right to compel arbitration of any claim brought by such 
an agency. You and we acknowledge that the Class Action Waiver is material and 
essential  to  the  arbitration  of  any  disputes  between  us  and  is  non-severable  from 
this  Arbitration  Provision.  If  the  Class  Action  Waiver  is  limited,  voided,  or  found 
unenforceable, then this Arbitration Provision (except for this sentence) will be null 
and void with respect to such proceeding, subject to the right to appeal the limitation 
or invalidation of the Class Action Waiver, you and we acknowledge and agree that 
under no circumstances will a class action be arbitrated.

Effect of Arbitration Award
The arbitrator’s award will be final and binding on all parties, except for any right of 
appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or 
includes a request for injunctive or declaratory relief that could foreseeably involve a 
cost or benefit to you or we exceeding $50,000, either you or we may, within 30 days 
after the entry of the award by the arbitrator, appeal the award to a three-arbitrator 
panel that the Administrator oversees. The panel will reconsider anew any aspect of 
the initial award that the appealing party requests. The decision of the panel will be 
by majority vote. Reference in this Arbitration Provision to “the arbitrator” will mean 
the panel if an appeal of the arbitrator’s decision has been taken. The costs of such 
an appeal will be borne in accordance with the above paragraph titled “Arbitration 
Location  and  Costs.”  Any  final  decision  of  the  appeal  panel  is  subject  to  judicial 
review only as provided under the FAA.

Continued Effect of Arbitration Provision, Severability, and Conflicts
Notwithstanding any other provision of this Agreement, to the extent permitted by 
applicable law, this Arbitration Provision will survive (1) any modification, extension 
or forbearance of or under this Agreement; (2) your full repayment of the Credit; (3) 
any sale or transfer of the Credit; (4) any legal proceeding of ours to collect a debt 
that you owe; (5) any bankruptcy (except where prohibited by bankruptcy law); and 
(6) the termination, cancellation, suspension, or rejection of this Agreement. If any 
portion of this Arbitration Provision (other than the Class Action Waiver) cannot be 
enforced, the rest of this Provision will continue to apply. In the event of a conflict 
between this Arbitration Provision and any applicable rules of JAMS or AAA or other 
Administrator used, the provisions of this Arbitration Provision will control.

Right to Reject Arbitration Provision
You  may  reject  this  Arbitration  Provision  and  therefore  not  be  subject  to  being 
required to resolve any dispute, controversy, or claim by arbitration. To reject this 
Arbitration Provision, you and only you personally, must send us written notice of 
your decision so that we receive it at the address listed below within forty-five (45) 
days after the opening date of your Account. Such notice must include a statement 
that  you  wish  to  reject  this  Arbitration  Provision,  along  with  your  name,  address, 
Account Number, and your signature and must be mailed to Bankcard Services, Attn: 
Arbitration Rejection, P.O. Box 4477, Beaverton, Oregon 97076-4477. This procedure 
is the sole and only method by which you can reject this Arbitration Provision and any 
attempt to reject this Arbitration Provision by any other person or through any other 
method or form of notice, including the filing of a lawsuit, will be ineffective. Rejection 
of this Arbitration Provision will not affect any remaining terms of this Agreement and 
will not result in any adverse consequence to you or your Account. You agree that our 
business records will be final and conclusive with respect to whether you rejected 
this Arbitration Provision in a timely and proper fashion. This Arbitration Provision will 
apply to you and us and to your Account unless you reject it by providing proper and 
timely notice as stated herein.

Excluded Claims or Proceedings 
None of the following claims will be subject to the Arbitration Provision: (1) any dispute 
or controversy about the validity, enforceability, coverage or scope of this Arbitration 
Provision  or  any  part  thereof  (including,  without  limitation,  the  Class  Action  Waiver 
and/or  this  sentence);  all  such  disputes  or  controversies  are  for  a  court  and  not  an 
arbitrator to decide; however, any dispute or controversy that concerns the validity or 
enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide; 
(2)  any  individual  action  brought  by  you  or  us  in  small  claims  court  or  your  state’s 
equivalent court, unless such action is transferred, removed, or appealed to a different 
court; (3) any self-help or non-judicial remedy; (4) any action to the extent that it seeks 
provisional or ancillary remedies in connection with the foregoing; and (5) any individual 
action in court by one party that is limited to preventing the other party from using a 
self-help remedy and that does not involve a request for damages or monetary relief of 
any kind. The institution and/or maintenance of any such right, action or litigation will 
not constitute a waiver of the right of either you or us to compel arbitration regarding 
any other dispute subject to arbitration pursuant to the Arbitration Provision. Moreover, 
the Arbitration Provision will not apply to any Claims that are the subject of (a) a class 
action filed in court that is pending as of the effective date of the Arbitration Provision in 
which you are alleged to be a member of the putative class (however, you and we will 
continue to be bound by any prior version of the Arbitration Provision) or (b) a motion 
to compel arbitration filed by us against you before the effective date of the Arbitration 
Provision pursuant to a prior version of the Arbitration Provision (however, you and we 
will continue to be bound by any prior version of the Arbitration 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 Think 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 97076-4499.
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 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  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 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 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.  The Purchase must have been made in your home state or within 100 miles of 
your current mailing address, and the purchase price must have been more than 
$50.  (Note:  Neither  of  these  are  necessary  if  your  Purchase  was  based  on  an 
advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the 
goods or services.)

2.  You must have used your Account for the Purchase. Purchases made with cash 
advances from an ATM or with a check that accesses your Account do not qualify.

3.  You must not yet have fully paid for the Purchase.

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact 
us in writing at: Bankcard Services, P.O. Box 4499, Beaverton, OR 97076-4499.
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:
Mid America Bank & Trust Company
216 West 2nd Street
Dixon, MO 65459

F03-S345-5 -1014