Subject: RevolutionCard Account Documentation
From: <[email-masked]>
To: <[email-masked]>
Date: 6 Mar 2008 09:10:52 -0500

Dear Michael,

Please review your RevolutionCard Account Documentation below

Your Card:

Statement of Terms and Fees

Credit Line:

$3000

Current Annual Percentage Rate (APR)*:

%

Periodic Rate*:

1.3742%

Delinquency Annual Percentage Rate:

22.49%

Delinquency Periodic Rate:

1.8742%

Late Payment Fees:

$35.00

Overlimit Fee:

$35.00

International Transaction Fee:

1.00%

*Your APR and Periodic Rate may vary. See your Accountholder Agreement for details.

RevolutionCard are issued by First Bank & Trust, Brooking, South Dakota.

NOTICE AND CONSENT REGARDING ELECTRONIC DELIVERY OF DISCLOSURES

Description of Disclosures and Consent
To complete your online application for a RevolutionCard credit card issued by First Bank & Trust, Brookings, South Dakota, (“we,” “our,” “us”), you must consent to the electronic delivery of disclosures.  By consenting, you agree that we may, but are not obligated to, provide electronically any and all communications regarding the RevolutionCard card account (the “Disclosures”).  This consent applies to the RevolutionCard card account application, the opening of the account, and any future transactions and Disclosures with respect to the account.

Paper Copies of Disclosures
If you consent to the electronic delivery of Disclosures, you may also receive a paper copy of any Disclosure provided to you electronically by writing us at Revolution Money Inc P.O. Box 1980 Largo, FL 33779-1980 or calling us at 1-800-956-9540.

Withdrawing Consent to Electronic Delivery
You may withdraw your consent to the electronic delivery of Disclosures by writing us at Revolution Money Inc P.O. Box 1980 Largo, FL 33779-1980 or by calling us at 1-800-956-9540.  After withdrawal of your consent, you will be provided with paper copies of Disclosures at no cost to you.  It will take us approximately seven days to process a withdrawal of consent, and during this period you will continue to receive Disclosures electronically.  If you withdraw your consent, the legal validity and enforceability of prior electronic Disclosures will not be affected.

Hardware and Software Requirements.
To receive and retain the Disclosures electronically, you must have an Internet connection.  You will need to use Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, or equivalent software, and hardware capable of running this software.  You will also need a printer capable of printing text screens or a hard drive capable of storing data.

Email Address
If you change your email address, you must notify us by writing Revolution Money Inc P.O. Box 1980 Largo, FL 33779-1980 or by calling 1-800-956-9540

CONSENT AND ACKNOWLEDGEMENT
By accepting below, you acknowledge and agree that you have received, read, and agree to the Notice and Consent Regarding Electronic Delivery of Disclosures.

RevolutionCard Accountholder Agreement
(NY Residents: RETAIL INSTALMENT CREDIT AGREEMENT)

This Agreement governs the use of your RevolutionCard account (“Account”).  Please read it and keep it for your reference.  In this Agreement, the words “you,” “your,” and “Accountholder” refer to all persons who were expressly approved by us to use the Account.  The words “we,” “us,” and “our” refer to the issuing bank, First Bank & Trust, Brookings, South Dakota, our successors and assigns.  The word “Card” refers to any RevolutionCard credit card that we issue to you.  The word “Account” means an individual RevolutionCard credit card account.  The use of your Card number to perform transactions will be considered a use of the Card.  The application, acceptance certificate or other written document (including an electronic record) that you signed or otherwise submitted for this Account (your “Application”), the accompanying Statement of Terms and Fees, your Card and the card carrier that we send with your Card, and your signature (including any electronic or digital signature) on any Application, sales slip or other evidence of indebtedness on your Account are hereby incorporated into and made a part of this Agreement.  See the accompanying Statement of Terms and Fees for important additional terms and conditions that are a part of this Agreement.

Effective Date of Agreement - Except as described below, this Agreement begins on the earlier of (i) the date your Application is approved by us or (ii) the first date that we extend credit to you on your Account, as evidenced by a transaction authorized by you.  This Agreement will apply to all transactions made on your Account.  You agree that any action taken by you in initiating any transaction will constitute your signature on this Agreement.  You may use the Account only for personal, family, or household purposes.

Your Credit Line - When your Card is issued you will have a credit limit on your Account (your “Credit Line”).  You agree not to use your Card or Account in any way that would cause you to go over the maximum amount of credit available to you on your Account.  We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Line.  We may temporarily agree to allow you to exceed your Credit Line; however, if we do, you must repay the excess amount according to the terms of this Agreement.  We reserve the right not to increase your available credit by the amount of any payment received for a period of up to four (4) business days from the date of receipt to provide for processing and/or verification.  We reserve the right to change (to set, increase, decrease or remove) the Credit Line for your Account and/or for specific types of Account balances from time to time.  Such changes may be based, in whole or in part, upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments, staying within the established Credit Line on your Account with us, your credit score and information contained in your credit report, and/or your performance with other creditors.  Your current Credit Line can be found initially on the accompanying Statement of Terms and Fees and thereafter on your monthly statement and will be provided upon request.

Using Your Card or Account - You may use your Card to purchase or lease goods or services from participating establishments (“Purchase”).  At the point of purchase, the merchant will prompt you to authorize the transaction by entering your personal identification number (your “PIN”).  (You will select your PIN during activation of your card.)  You may not use your Card or Account to obtain cash advances.  Further transactions representing a merchant's sale of items that are directly convertible to cash (sometimes called “quasi-cash” transactions), such as casino gaming chips, money orders, deposits, wire transfer money orders, travelers cheques, foreign currency and other similar transactions are not permitted with your Card. You may not use your Card or your Account for any illegal transaction or any gambling transaction.  We will decline identifiable gambling transactions.  We may refuse to authorize or accept any transaction on your Account if your Account is delinquent.  See the accompanying Statement of Terms and Fees for any additional restrictions on use of your Card.

Promise to Pay - You promise to pay us for all Purchases, plus FINANCE CHARGES, fees and other charges due on your Account.  You promise to make all payments in U.S. dollars, and that all checks or other items tendered in payment will be drawn on U.S. financial institutions.

Monthly Statements - We will provide you with a statement at the end of each monthly period of approximately 30 days (“Billing Cycle”) if there is a debit or credit balance on your account of $1 or more, a balance on which a finance charge has been imposed, or as otherwise required by applicable law.  You agree to send payments on your account to the “payment address” on your statement, accompanied by the return portion of the statement, or as otherwise instructed by us.

Minimum Payment - The minimum required payment on your account for each Billing Cycle (the “Minimum Payment”) is (i) the greater of (a) 3% (three percent) of the statement balance or (b) $10.00 (ten dollars); plus (ii) any past due amount or any amount by which the new balance exceeds your credit line, whichever of these two is greater.  If your new balance is less than your Minimum Payment, your new balance is due in full.  You may pay any or all of the amounts you owe at any time without penalty, but you must pay at least the Minimum Payment within 25 days of the closing date of the billing cycle, which is shown as the “Payment Due Date” on your statement.

Application of Payments -   We reserve the right to apply payments to your Account in any manner we choose in our sole discretion, subject to applicable law.

HOW FINANCE CHARGES ARE DETERMINED

Your FINANCE CHARGE will include the following, as applicable:  (i) periodic FINANCE CHARGES computed by applying the applicable Periodic Rate to the Average Daily Balance of your Account, and multiplying the result by the number of days in the Billing Cycle, and (ii) any other additional fees that are designated as FINANCE CHARGES in the Account Fees section of this Agreement and on the accompanying Statement of Terms and Fees.

Calculating the Balance Subject to Periodic Finance Charges - We calculate the balance subject to periodic FINANCE CHARGES using the Average Daily Balance (“ADB”) (including new transactions) method.  To get this ADB, we take the beginning balance of your Account each day, add any new transactions as of the date of transaction, including any fixed fee FINANCE CHARGES on such transactions as of the date of posting of each transaction and assessed periodic rate FINANCE CHARGES, and subtract the applicable portion of any payments and credits as of the date of posting.  This gives us the daily balance.  Then we add up all daily balances for the Billing Cycle and divide by the total number of days in the Billing Cycle.  This gives us the ADB for your Account.

Computing the Annual Percentage Rate (APR) and Periodic Rate - Your Periodic Rate and corresponding Annual Percentage Rate may vary.  The Periodic Rate applied in any Billing Cycle will be equal to 1/365 of the total of (i) the highest prime rate published in the “money rates” section of The Wall Street Journal on the 25th day (or if not published on the 25th day, then on the date of its next publication following the 25th day) of any of the three calendar months immediately preceding the month in which the Billing Cycle begins (the “Prime Rate”) and (ii) the margin shown on the accompanying Statement of Terms and Fees calculated to six decimal places and rounded up.  The current periodic rate (and corresponding annual percentage rate) under the above formula are shown on the accompanying Statement of Terms and Fees.

If the Prime Rate increases, the Periodic Rate and corresponding Annual Percentage Rate under the formula above may increase.  As a result, the FINANCE CHARGE, the Minimum Payment, and the number of payments may also increase.  Any new Periodic Rate will apply to your entire outstanding balance.

Computing the Delinquency Annual Percentage Rate and Delinquency Periodic Rate -   In the event that you fail to pay your Minimum Payment by the Payment Due Date for two consecutive Billing Cycles, or for any four Billing Cycles in any 12-month period, a higher Periodic Rate (“Delinquency Periodic Rate”) and corresponding Annual Percentage Rate (“Delinquency Annual Percentage Rate”) will apply to all types of transactions effective on the first day of the next Billing Cycle.  Such rates may vary.  The Delinquency Periodic Rate applied in any Billing Cycle will be equal to 1/365 of the sum of (i) the Prime Rate and (ii) the Delinquency Margin shown on the accompanying Statement of Terms and Fees.  The Delinquency Periodic Rate and corresponding Delinquency Annual Percentage Rate may no longer apply once you have paid your Minimum Payment by the Payment Due Date for six consecutive Billing Cycles.  The current Delinquency Periodic Rate and corresponding Delinquency Annual Percentage Rate are shown on the accompanying Statement of Terms and Fees.

If the Prime Rate increases, the Delinquency Periodic Rate and corresponding Delinquency Annual Percentage Rate under the formula above may increase.  As a result, the FINANCE CHARGE, the Minimum Payment, and the number of payments may also increase.  Any new Delinquency Periodic Rate will apply to your entire outstanding balance.

When Periodic Finance Charges Begin to Accrue - Subject to any grace period, periodic FINANCE CHARGES on Purchases will be imposed from the date each Purchase is made and will continue to accrue on unpaid balances as long as they remain unpaid.  You will have a 25-day grace period to repay your New Balance before a FINANCE CHARGE on Purchases will be imposed if your Previous Balance is (i) zero, (ii) a credit balance, or (iii) paid in full by the “Payment Due Date” shown on your monthly statement.

ACCOUNT FEES

A variety of fees and charges may be applied to your Account.  If a particular fee is applicable to your Account, the amount of such fee is set forth in the accompanying Statement of Terms and Fees and you agree to pay us such fee.  Each fee is described below.

Late Payment Fee - A Late Payment Fee is for the failure to make a Minimum Payment on or before the Payment Due Date.

Overlimit Fee - An Overlimit Fee is imposed if the New Balance exceeds the Credit Line on the Closing Date of the Billing Cycle.

Returned Check Fee - A Returned Check Fee is imposed if any check or money order in payment of the Account is returned to us unpaid for any reason.

International Transaction Fee - An International Transaction Fee of 1% of the converted transaction amount is assessed on any transaction where the merchant country differs from the country of the card issuer, including any charge in a foreign currency.  This fee, which is a FINANCE CHARGE, will be assessed on all international purchases and credit vouchers.

Additional Fees - In addition to any of the above fees that may apply to your Account, you agree to pay such additional fees in such amounts and upon such terms and conditions as may be specified on the accompanying Statement of Terms and Fees.

YOUR BILLING RIGHTS AND OUR RESPONSIBILITIES

Your Billing Rights - Keep This Notice For Future Use.
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify us in case of errors or questions about your bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at RevolutionCard Accountholder Services Dispute Resolution, P.O. Box 787, Largo, FL 33779-0787.  Write to us as soon as possible.   We must hear from you no later than 60 days after we send you the first bill on which the error or problem appeared.  You can telephone us, but doing so will not preserve your rights.

In your letter, give us the following information.

Your name and Card number.

The dollar amount of the suspected error.

Describe the error and explain, if you can, why you believe there is an error.  If you need more information, describe the item you are not sure about.

Your rights and our responsibilities after we receive your written notice.
We must acknowledge your letter within 30 days unless we have corrected the error by then.  Within 90 days, we must either correct the error or explain why we believe the bill is correct.

After we receive your letter, we cannot try to collect any amount you question or report you as delinquent.  We can continue to bill you for the amount in question, including Finance Charges, and we can apply any unpaid amount against your Credit Line.  You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.

If we find that we have made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount.  If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount.  In either case, we will send you a statement of the amount you owe and the date that it is due.

If you fail to pay the amount that we think you owe, we may report you as delinquent.  However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone to whom we reported you.

We must tell anyone we report you to that the matter has been settled between us when it is settled.

If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct.

Special Rule for Credit Card Purchases

If you have a problem with the quality of property or services that you purchased with a 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 property or services.  There are two limitations on this right:  (1) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2) the purchase price must have been more than $50.  These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.

OUR RIGHTS AND HOW THEY AFFECT YOU

Telephone Monitoring and Electronic Communication - From time to time, we may monitor and/or record telephone calls regarding your Account with us to assure the quality of our service, and you agree to any such monitoring or recording.  You also agree that we may communicate with you electronically by e-mail for any purpose related to your Account.

Refunds - If a seller agrees to give a refund, you will accept a credit on your Account instead of a cash refund.

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 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 indicates 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 RevolutionCard Accountholder Services Dispute Resolution, P.O. Box 787, Largo, FL 33779-0787.

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 to renew, review or collect amounts owed to us on your Account.  We also may obtain follow-up credit reports on you for any lawful purpose.  As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Information Sharing - You acknowledge and agree that we may share information about you with others in accordance with our Privacy Policy, a copy of which we will provide to you, as it is in effect from time to time.

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 RevolutionCard Accountholder Services, P.O. Box 1980, Largo, FL 33779-1980.

Collection and Default - Unless prohibited by applicable law, your Account is considered to be in default if (1) you do not make at least the Minimum Payment on or before the Payment Due Date, (2) you try to exceed or do exceed your Credit Line without permission, (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.  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.  Unless prohibited by applicable law, you agree to pay our reasonable costs and attorneys’ fees related to the collection of your Account.

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.  Such a change may be based upon factors including, but not limited to, anti-fraud policies and procedures, behavior scoring, your credit history with us or with other creditors, changes in this or other card programs or bank policy, and/or modifications to the functionality offered through your Card.  We will mail written notice of such a change to you when and in the manner required by applicable law.  As of the effective date, the changed or new terms will apply to new Purchases and also 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

Lost Cards and Unauthorized Use - You may be liable for unauthorized use of your Card.  If you believe that your Card is lost or stolen or being used without your consent, you agree to notify us immediately by writing to us at RevolutionCard Accountholder Services Dispute Resolution, P.O. Box 787, Largo, FL 33779-0787 or by calling the telephone number that appears initially on the accompanying Statement of Terms and Fees and thereafter on your most recent monthly statement.  You will not be liable for unauthorized use that occurs after you so notify us, and in any case, your liability will not exceed $50.  Prior to the date this Agreement begins, you will not be liable for any use of the Card after its loss or theft.  Misuse of your Card or Account by a person authorized by you to use the Card or Account will not be considered unauthorized use.

Transfer and Termination of Your Account - You may not transfer your Account to any other person.  We may assign our rights to your Account to any other person at any time.  We may terminate your Account if you reside outside of the United States or in Iowa, Wisconsin, Puerto Rico or other U.S. territories.  Either you or we may terminate or suspend your credit privileges at any time.  However, you will remain liable for all charges until they are paid in full.  Upon our request, you must destroy your Card immediately.

Foreign Currency Conversion - If you use your Card for transactions in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars.  The exchange or currency conversion rate between the transaction currency and the billing currency will be either (i) a rate selected by RevolutionCard from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate RevolutionCard itself receives, or (ii) the government-mandated rate in effect for the applicable central processing date.  The exchange or currency conversion rate on the transaction processing date may differ from the rate in effect at the time of the transaction or the date the transaction is posted to your Account.  You agree to accept the converted amount in U.S. dollars.

Honoring Your Card - We are not liable for the failure or refusal of a merchant or other institution to honor your Card.  Although you may have credit available, we will not be liable for the failure to authorize a transaction due to operational difficulties or mistakes.  Transactions above a certain dollar amount may require authorization by us before the transaction can be approved.  In addition, we may limit the number and amount of transactions approved in one day for security reasons, without any liability to you.

Notices, 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 advise us promptly 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 validity or enforceability of any other provision of this Agreement will not be affected, and in lieu of such invalid or unenforceable provision there will be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

No Waiver By Us - We reserve the right, at any time and in our sole discretion, not to impose part or all of any fee or other amount imposed pursuant to this Agreement or not to exercise any of our other rights under this Agreement.  If we exercise the foregoing right, we will not waive our right to impose any such fee or other amount or our right to exercise the foregoing right in the future.

Entire Agreement; Interpretation - This Agreement 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 - This Agreement and your Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Account, this Agreement or any transferred balances, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of South Dakota (without regard to internal principles of conflict of laws).  The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws.  This Agreement is entered into between you and us in South Dakota.  We make decisions about granting credit to you and extend credit to you under this Agreement, from South Dakota.

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)

Any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Account, any transferred balances or this Agreement (collectively, "Claims"), upon the election of you or us, will be resolved by binding arbitration pursuant to this Arbitration Provision and the applicable arbitration rules (“Arbitration Rules”) of the National Arbitration Forum ("NAF") or the American Arbitration Association (“AAA”) in effect when the Claim is filed.  If for any reason the NAF and AAA cannot, will not or ceases to serve as arbitration administrator, we will substitute another nationally recognized arbitration organization utilizing similar arbitration rules.

UPON SUCH AN ELECTION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE IN COURT THE CLAIM BEING ARBITRATED, INCLUDING IN A JURY TRIAL, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES.  IN ADDITION, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS EITHER IN COURT OR IN ARBITRATION.  EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.  OTHER RIGHTS AVAILABLE TO YOU IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

The term "Claims" covered by this Arbitration Provision is to be given the broadest possible meaning, and includes, by way of example and without limitation, (i) Claims arising from the application for or issuance, use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, or from advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, or Claims related to the goods or insurance or other services purchased under your Account; (ii) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement; and (iii) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this entire Agreement.

Any party to this Arbitration Provision may bring an action to compel arbitration of any Claims to which this Arbitration applies.

Contact the NAF or the AAA to obtain copies of the Arbitration Rules and forms:

NAF, P.O. Box 50191, Minneapolis, MN 55405; 1-800-474-2371; www.arb-forum.org
AAA, 335 Madison Ave., 10th Floor, New York, NY 10017; 1-800-778-7879; www.adr.org

Any arbitration hearing, if one is held, will be held in the federal judicial district where you live.  At your written request, we will advance up to $500 toward the filing, administrative and/or hearing fees for any Claim you may file against us. We will consider any reasonable written request by you to advance more than $500. At the end of the arbitration, the arbitrator will decide whether we or you will ultimately be responsible for paying any filing, administrative and/or hearing fees in connection with the arbitration.  Unless inconsistent with applicable law or an award by the arbitrator, each party will bear the expense of its respective attorneys’, experts’ and witness fees.  There will be no authority for any Claims to be arbitrated on a class-wide (other than individual) basis.  An arbitrator can decide only your or our Claims and there will be no joinder of parties, or consolidation of Claims other than those relating to persons who use your Account.  If the immediately preceding sentences prohibiting class-wide arbitration, joinder or consolidation are not given full force and effect, then you agree that the arbitration proceeding shall immediately and automatically terminate and that all related Claims shall be litigated in court.

This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any choice-of-law provision in this Agreement.  The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law.  Judgment upon any arbitration award may be entered and enforced, including, without limitation, by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having jurisdiction.  The arbitrator may award any remedies to the substantially prevailing party that may be permitted at law or in equity.  The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the NAF or AAA.  The panel will reconsider de novo any aspect of the initial award requested by the appealing party.  The appealing party will bear the costs of such an appeal regardless of its outcome.

This Arbitration Provision will survive repayment and termination of your Account.  If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision.  If a conflict or inconsistency arises between the Arbitration Rules and this Arbitration Provision, this Arbitration Provision will control.

Rejection of Arbitration Provision - You may reject this Arbitration Provision by sending a rejection notice to RevolutionCard Accountholder Services Rejection of Arbitration Provision, P.O. Box 1980, Largo, FL 33779-1980 (and no other location) within forty-five (45) days after the date you submitted your completed Application for an Account.  Any rejection notice must be signed by you and must include your name, address, telephone number and Card number.  This is the only method you can use to reject this Arbitration Provision.

STATE NOTICES

This program is unavailable to individuals residing outside the United States or in Iowa, Wisconsin, Puerto Rico, and other U.S. territories.

CALIFORNIA RESIDENTS:  Interest is compounded on unpaid FINANCE CHARGES on Purchases.

NEW JERSEY RESIDENTS:  Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions.  None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

OHIO RESIDENTS:  The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate histories on each individual upon request.  The Ohio civil rights commission administers compliance with this law.

MARYLAND RESIDENTS:  You have the right under Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your Account.  Finance charges will be imposed in amounts or at rates not in excess of those permitted by law.

NOTICE TO BUYER

DO NOT SIGN THIS ACCOUNTHOLDER AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.

YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS ACCOUNTHOLDER AGREEMENT.

YOU MAY AT ANY TIME PAY MORE THAN THE MINIMUM PAYMENT, OR YOUR ENTIRE BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR PREPAYMENT.

ACCOUNTHOLDER:  Your signature (including any electronic or digital signature) on any Application or on any sales slip or other evidence of indebtedness on your Account represents your signature on this Agreement.

BANK:  First Bank & Trust, Brookings, SD

PRIVACY POLICY NOTICE

This Privacy Policy Notice explains the privacy policies of First Bank & Trust and Revolution Money, Inc.
We are committed to protecting our customers’ privacy and security.  This Privacy Policy Notice explains our information collection and sharing practices.  It identifies the sources from which we collect nonpublic personal information about you, details the measures we take to secure that information, and describes the information about you that we may share with our affiliates and with nonaffiliated third parties.  This Privacy Policy Notice also addresses information sharing with consumer reporting agencies.  Finally, this Privacy Policy Notice explains how you can exercise your privacy rights by electing to opt out of certain information sharing practices that we would otherwise apply to your nonpublic personal information.

DEFINITIONS

We, our, and us, means First Bank & Trust and Revolution Money, Inc.
You and your mean customers with a First Bank & Trust RevolutionCard account, as well as any consumers who apply for a First Bank & Trust RevolutionCard account.
Nonpublic personal information means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records.
Affiliate means a company First Bank & Trust owns or controls, a company that owns or controls First Bank & Trust, or a company that is owned or controlled by the same company that owns or controls First Bank & Trust. Ownership does not mean complete ownership, but means owning enough to have control.
Nonaffiliated third party means a company that is not an affiliate of First Bank & Trust.
Opt out means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.

INFORMATION WE COLLECT

We collect information about you from the following sources:

Information we receive from you, including information on applications or other forms, such as your name, address, social security number, assets and income;

Information about your transactions with us, our affiliates, or others, such as your account balance, payment history, parties to transactions, and credit card usage; and

Information we receive from a consumer reporting agency, such as your creditworthiness and credit history.

INFORMATION WE DISCLOSE

We may disclose all of the information that we collect, as described above.  You may opt out of the disclosure of such information, other than as permitted by law.

PARTIES TO WHOM WE DISCLOSE

We may disclose nonpublic personal information about you to the following types of affiliates and nonaffiliated third parties:

Financial service providers, such as mortgage bankers, loan companies, securities broker-dealers, and insurance agents;

Non-financial companies such as retailers, direct marketers, airlines, and publishers; and

Others, such as non-profit organizations.

From time to time, we may also tell you about special offers from unrelated companies that we think may interest you.  These companies will not learn about your relationship with us unless you respond to their offers.

We may also disclose nonpublic personal information about you to affiliates and nonaffiliated third parties as permitted by law.

INFORMATION WE DISCLOSE TO SERVICE PROVIDERS OR FOR JOINT MARKETING

We may disclose all of the information we collect, as described above, to companies that perform marketing services for First Bank & Trust or on its behalf or to other financial institutions with whom First Bank & Trust has a joint marketing agreement. You do not have a right to opt out of the disclosure of this information.

NOTICE OF FURNISHING NEGATIVE INFORMATION TO CONSUMER REPORTING AGENCIES

We may report information about your account to credit bureaus.  Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

THE CONFIDENTIALITY, SECURITY, AND INTEGRITY OF YOUR INFORMATION

All our employees are responsible for protecting the confidentiality of customers' financial and other personal information. Employees are bound by this Privacy Policy Notice and are educated on implementing our privacy and information security policies. Only employees actively engaged in their assigned duties are authorized to access or use customer information. We maintain physical, electronic and procedural safeguards to comply with federal standards to store and secure information about you.

INFORMATION ABOUT FORMER CUSTOMERS

The privacy policies and practices described in this Privacy Policy Notice also apply to our former customers.

YOUR RIGHT TO BLOCK THE DISCLOSURE OF YOUR NONPUBLIC PERSONAL INFORMATION

If you prefer that we not disclose nonpublic personal information about you to affiliates and nonaffiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures (other than as permitted by law).

To opt out, follow the instructions contained on the Opt Out Notice below.  You will check the appropriate box or boxes, sign the notice, address and stamp your own envelope, and mail the card to us by ordinary mail.

YOUR RIGHT TO LIMIT MARKETING

You may limit our affiliates from marketing their products or services to you based on information that we share with them, such as your income, your account history with us, and your credit score.  This limitation does not apply in certain circumstances, such as if you currently do business with one of our affiliates or if you ask to receive information or offers from them.
To limit marketing by our affiliates, follow the instructions contained on the Opt Out Notice below.  You will check the appropriate box, sign the notice, address and stamp your own envelope, and mail the card to us by ordinary mail.

CONSEQUENCES OF OPTING OUT

Your decision to block the disclosure of your information or to limit marketing by our affiliates will apply to information collected in connection with your First Bank & Trust credit card account.  If you previously provided us with an opt out instruction with respect to your First Bank & Trust credit card account, we will continue to honor that instruction; you may, but need not, complete another opt out instruction.
Your election to opt out will not block our sharing of all the information we collect with companies that perform marketing services on behalf of First Bank & Trust or with financial institutions with whom First Bank & Trust has a joint marketing agreement.  Additionally, your election to opt out will not prevent us from disclosing to our affiliates the information we obtain from our transactions and experiences with you; however, our affiliates will not use such information for marketing purposes if you have directed them not to do so.  Finally, we will continue to make certain other disclosures of your nonpublic personal information as permitted by law.

OPT OUT NOTICE

You may opt out by (1) checking the appropriate box or boxes below (check each box that applies), (2) detaching this along the perforated line and (3) mailing this Opt Out Notice to us at the following address:

First Bank & Trust Opt Out, P.O. Box 787, Largo, FL 33779-0787.

Do not share nonpublic personal information about me with nonaffiliated third parties, other than as permitted by law.
Do not share nonpublic personal information about me with First Bank & Trust’s affiliates, other than as permitted by law.
Do not permit First Bank & Trust’s affiliates to use information you shared with them to market their products or services to me.

Signature:  ____________________________

Street Address:  ________________________

Name:  _______________________________

City and State:  _________________________

Date:  ________________________________

Social Security Number:  _________________