b'These documents are being provided to you for informational purposes only. There are two parts to our\nCardholder Agreement: The Pricing Information Addendum and the Cardholder Agreement. The Pricing\nInformation Addendum shows a range of terms that may be offered on new accounts. The terms that apply\nto you will differ depending on your specific card offer. The Cardholder Agreement contains important\ninformation related to retail credit cards issued by The Bank of Missouri. Pricing is accurate as of\nJune 2020.\n\nPRICING INFORMATION ADDENDUM\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\n9.9% to 36% Some Purchase APRs will vary with the market based\non the Prime Rate.\n\nPenalty APR\n\n29.99%\nThis APR may be applied to your account if you:\n(1) Make a late payment; or\n(2) Make a payment that is returned.\nHow Long Will the Penalty APR Apply? If your APR is increased\nfor any of these reasons, the Penalty APR will apply until you make\nsix consecutive minimum payments when due.\n\nPaying Interest\n\nWe will begin charging interest on the transaction date. There is no\ntime period in which to avoid paying interest.\n\nFor Credit Card Tips from the\nConsumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or\nusing a credit card, visit the website of the Consumer Financial\nProtection Bureau at www.consumerfinance.gov/learnmore.\n\nFees\nAnnual Fee\n\n$0 to $99.00\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\nUp to the maximum fee permitted under Section 12 C. F. R.\n1026.52(b)(1)(ii) ($40 as of January 1, 2020). See monthly statement for\ncurrent fee.\n\n\xe2\x80\xa2 Returned Payment\n\nUp to the maximum fee permitted under Section 12 C. F. R.\n1026.52(b)(1)(ii) ($40 as of January 1, 2020). See monthly statement for\ncurrent fee.\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new\ntransactions)." See the additional terms and conditions in your Cardholder Agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is\nprovided in the additional terms and conditions in your Cardholder Agreement.\nVariable Rate: Your Periodic Rate(s) and corresponding APR(s) are determined by adding the Prime Rate\nto the Margin set forth above. Monthly Periodic Rate(s) is determined by dividing your APRs by 12.\n\n\x0cCARDHOLDER AGREEMENT\nNY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT\n\nU.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled \xe2\x80\x9cUsing Your Account,\xe2\x80\x9d Postdated\nChecks, Restrictive Endorsements Checks and Other Disputed or Qualified Payments,\xe2\x80\x9d \xe2\x80\x9cChanges in Terms,\xe2\x80\x9d\n\xe2\x80\x9cAssignment; Transfer,\xe2\x80\x9d \xe2\x80\x9cArbitration Provision,\xe2\x80\x9d and \xe2\x80\x9cBilling Rights Notice,\xe2\x80\x9d restrict or reduce your rights.\nMILITARY LENDING ACT DISCLOSURE Federal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces\nand his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the\ncredit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in\nconnection with the credit transaction; any application fee charged (other than certain application fees for specified credit\ntransactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To\nhear disclosures related to the Military Lending Act, please call this toll-free number: 1-866-816-6994.\nCOVERED MILITARY BORROWERS If you are a \xe2\x80\x9ccovered borrower,\xe2\x80\x9d as defined under the Military Lending Act, 10 U.S.C.\n\xc2\xa7 987, as amended, (i) the \xe2\x80\x9cArbitration Provision,\xe2\x80\x9d (ii) any waiver of right to legal recourse under any state or federal law and (iii)\nany other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so\nlong as you are a \xe2\x80\x9ccovered borrower.\xe2\x80\x9d\nVARIABLE RATE Variable rate loan APR\xe2\x80\x99s vary with the market based on the Prime Rate. The Prime Rate is the highest bank\nprime loan rate as published by the Wall Street Journal in its Money Rates Section on the 25 th day (or the next business day if\nthe 25th day is not a business day) of the calendar month preceding the first day of the billing period, Your Periodic Rate(s) and\ncorresponding Annual Percentage Rate(s) for variable rate loans will change if the Prime Rate changes. If your Periodic Rate(s)\nand corresponding Annual Percentage Rate(s) increase, your interest charges will increase, and your minimum payment may be\ngreater. A change in Periodic Rate(s) will take effect the billing period immediately following the publication of the changed\nPrime Rate. SEE PRICING INFORMATION.\nGENERAL This Cardholder Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d) governs the use of your revolving credit account (your \xe2\x80\x9cAccount\xe2\x80\x9d). In this\nAgreement and in your monthly billing statement (\xe2\x80\x9cStatement\xe2\x80\x9d), \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour\xe2\x80\x9d and \xe2\x80\x9cBank\xe2\x80\x9d refer to The Bank of Missouri,\nincluding, as applicable, our successors, assignees and representatives. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d and \xe2\x80\x9cCardholder\xe2\x80\x9d refer to the person who\napplied and was approved for the Account and, as appropriate, all persons authorized to use the Account. \xe2\x80\x9cApplication\xe2\x80\x9d refers to\nany (i) written or electronic application that you signed or otherwise submitted for this Account or (ii) oral request for credit and a\nCard resulting in this Account. \xe2\x80\x9cCard\xe2\x80\x9d refers to any credit card, Account number or other credit access device that we issue to\nyou. Your Application, any Card carrier that we send with your Card, any other written documents (including any electronic\nrecord) evidencing any transactions made under your Account and any notices that we send to you with your Agreement are part\nof and incorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on\nthe earlier of (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you or\nsomeone authorized by you on your Account. This Agreement includes an Agreement to Arbitrate Claims (see \xe2\x80\x9cArbitration\nProvision\xe2\x80\x9d below).\nACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the\nAccount evidences your acceptance of the terms of this Agreement.\nUSING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and\nelectronic orders) from participating establishments (each a \xe2\x80\x9cPurchase\xe2\x80\x9d) up to any credit limit we may establish for you (your\n\xe2\x80\x9cCredit Limit\xe2\x80\x9d). You may use your Account only for personal, family, or household purposes. You may not use your Card or your\nAccount for any illegal transaction or any gambling transaction. We may decline transactions for any reason, including:\noperational matters, default, or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may\nrequire authorization by us before the transaction can be approved. We will not be liable for the failure to authorize credit\nbecause of operational difficulties or mistakes. We may limit the number and amount of transactions approved in one day for\nsecurity reasons, without any liability to you. We are not responsible for any losses associated with a declined transaction.\nHONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating location to honor your Account.\n\n\x0cPROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all\nPurchases and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S.\ndollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions.\nYOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit. We may\nrefuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may\nestablish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed\nyour Credit Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the\namount of any payment received, for a period of up to four (4) business days from the date of receipt to provide for processing\nand verification. Processing speeds can vary depending on how your payment is cleared.\nYour Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the\nright to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this\nAgreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be\nbased upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and\nstaying within your established Credit Limit, your credit score and information contained in your credit report and your proper\nmaintenance of any checking account used to make automatic payments, if applicable.\nIf finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be\nfound on your Statement or provided upon request. We do not accept Credit Limit increase requests.\nYou have the right to receive an answer to a written inquiry concerning the status of your Account.\nSPECIAL TERMS From time to time we may offer special terms in connection with your Account. These special terms may be\nlimited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information\nspecific to any special terms will be provided at the time of offer. If you use your Account to enter into a qualifying transaction,\nyou will be deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or\ndiffer from the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this\nAgreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to\ncomply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation\nyou owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the\ntermination of any special terms if (and as) expressly required by law.\nDEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the\nMinimum Payment on or before the Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a check or\nmoney order in payment of your Account and that payment is returned to us unpaid for any reason; (iv) become subject to\nbankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any\nmisleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term\nof this Agreement or any other agreement that you have with us. Subject to any required notice of default and right to cure or\nother limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this\nAgreement: (a) reduce your Credit Limit or cancel your Account; (b) require you to pay your entire Account balance (including\naccrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (c) bring an\naction to collect all amounts owed.\nYou agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys\xe2\x80\x99 fees and any collection costs and\ndisbursements and court fees related to the collection of your Account.\nPENALTY RATE If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your rates\nmay increase to the appropriate Penalty Rate above. A Penalty APR will cease to apply if we receive six consecutive minimum\nmonthly payments on or before their respective payment due dates beginning with the first payment due date following the\neffective date of the increase.\nCANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the\namount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate\nfurther transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit\n\n\x0cavailable at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555, Atlanta, GA\n30348-5555. The terms of this Agreement will continue to apply to any balance you owe us until you have paid everything you\nowe, including any charges and interest due. Account cancellation may adversely affect your credit history.\nSTATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including\nunpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the \xe2\x80\x9cNew Balance\xe2\x80\x9d) is greater than\n$1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account or (iv) as otherwise required by\napplicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing\ncycle (the \xe2\x80\x9cMinimum Payment\xe2\x80\x9d) and the date that the Minimum Payment is due (the \xe2\x80\x9cPayment Due Date\xe2\x80\x9d).\nPAYMENT REQUIREMENTS AND CREDITING\nMinimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date\nshown on the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due\nwithout incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to\ntime. The Minimum Payment due each month will be an amount equal to the greater of (a) 1.66 to 5.91% of your highest\noutstanding New Balance, since your Account was opened or since your New Balance was zero or (b) $30.00 plus (i) the greater\nof (a) any past due amount or (b) any amount by which your New Balance exceeds your Credit Limit. If your New Balance is\nless than your Minimum Payment, your New Balance is due in full. You may at any time make additional payments without\npenalty.\nAuthorization Agreement for Automatic Payments If you enrolled in the Automatic Payment Plan, you acknowledge and\nagree to the following: (1) You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank\naccount, debit or credit card you have identified to us in your application for this Account or any other account that you identify to\nus from time to time (\xe2\x80\x9cBank Account\xe2\x80\x9d) in the amount of your required minimum payments. If you have a Deferred Interest Plan\nand you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by\nphone to avoid interest. See Deferred Interest Balances below You have the right to receive notice of all electronic fund\ntransfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly statement will serve as\nyour notice of the amount of your monthly payment. You may change the amount to be deducted or withdrawn at any time.\nYour new monthly payment will be effective within 3 business days of our receipt of your instruction. (2) We will initiate\nauthorized EFTs each month on or after the Payment Due Date shown on your monthly statement. (3) You agree that in the\nevent any debit is rejected or dishonored we may reinitiate the debit card account once. (4)You have provided us with all\nnecessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing\nHouse (ACH) debit is authorized, is a legitimate, open and active account. You agree to notify us promptly if this information\nchanges. (5) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law.\n(6) Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the\nAutomatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service\nat the telephone number shown on your monthly statement. You must give any notice of termination in such a manner and\nsufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your\nenrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for\nany reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient\nfunds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated\nimmediately. (7) We are not responsible for any fees that may be charged by your depository institution as the result of your\nparticipation in the Automatic Payment Plan. (8) You have the right to review your accounts and to withdraw any privileges\npreviously granted. (9) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your account.\nEnrollment in the Automatic Payment Plan is optional.\nRight to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic\nPayment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on\nyour monthly statement, by sending an e-mail to service@myfortiva.com or by writing to us at Customer Service--Automatic\nPayment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must\nreach us at least 3 business days before the scheduled Payment Due Date. If you call us, we may require you to put your\nrequest in writing and to deliver your request to us within 14 days after you call. We may charge you a fee for each stop\npayment request that you give us. If you tell us to stop a payment at least 3 business days before the Payment Due Date\nand we do not stop payment, we will be liable for your losses or damages.\n\n\x0cAlternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason,\nthen to avoid a late payment charge, you must promptly send a certified check or money order to the \xe2\x80\x9cPayment Address\xe2\x80\x9d shown\non the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service\nthat we may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or\non-line service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and\nprocess your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment\nby the amount of any such additional payment received\nInstructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts,\nmust be mailed or delivered to us at the address for payments shown on your Statement. Payments received at the address on\nthe payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account\nas of the date received. Payments must be received with the payment coupon (bottom portion) of your Statement in the enclosed\nreturn envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to\nyour Account may be delayed.\nApplication of Payments Subject to applicable law, we may apply payments first to unpaid interest and other fees and\ncharges, then to Purchases in the order in which they are posted to your Account. We may apply payments to balances under\nSpecial Payment Plans prior to non-promotional balances.\nDisputed Payments\xe2\x80\x92Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments\nYou agree not to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar language. If you send such a\npayment, we may accept it without losing any of our rights under this Agreement. All notices and written communications\nconcerning postdated checks, restrictive endorsement checks (including any check or other payment instrument that\nindicates that the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other conditions or\nlimitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments,\nmust be mailed or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late,\npostdated or partial payments without losing any of our rights under the credit agreement governing your Account. (A postdated\ncheck is a check dated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated\ncheck and we reserve the right to process every item presented as if dated the same date received by us or our check processor\nunless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is\ngiven, you may not hold us liable for depositing any postdated check.\nINTEREST\nInterest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of\ninterest. The monthly periodic rate is determined by dividing the annual percentage rate (\xe2\x80\x9cAPR\xe2\x80\x9d) by 12.The monthly periodic rate\nis x.xxx% (corresponding APR of xx.x%). SEE PRICING INFORMATION. Interest will be imposed in amounts or at rates not in\nexcess of those permitted by law.\nBalance Subject To Interest\nWe figure the interest charge on your Account by applying the applicable monthly periodic rate to the \xe2\x80\x9caverage daily balance\xe2\x80\x9d of\nyour Account. For each type of balance, we take the beginning balance each day (including accrued but unpaid interest\ncharges), add eligible new transactions and any applicable fees, and subtract the applicable portion of any payments or credits.\nThis gives us the daily balances for that type of balance. Then, we add up all the daily balances for the billing cycle and divide\nthe total by the number of days in the billing cycle. This gives us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for that type of balance.\nWhen Interest Begins To Accrue We will begin charging interest on the transaction date. There is no time period in which to\navoid interest on a transaction if a balance is not subject to a special promotion.\nDeferred Interest Balances.\nIf you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described\nabove. To avoid such interest you must pay the total purchase amount and accrued fees and charges that are subject to\ndeferred interest (\xe2\x80\x9cPromotional Balance\xe2\x80\x9d) in full by the last day of the promotional period as shown in the Deferred Interest\nCharge Calculation notice on the front of your monthly statement. Making only minimum monthly payments during the\npromotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your\n\n\x0cPromotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the\nlast day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.\nFEES\nAnnual Fee You agree to pay an Annual Fee of <$25 to $49> upon account opening and annually thereafter. We will impose\nthe Annual Fee on your first monthly statement and thereafter on the anniversary date of your Account until your Account is\nterminated or cancelled, whether or not you incur any interest on the Account. The annual Fee is not refundable, except as\nprovided below or as otherwise required by applicable law.\nUnless otherwise stated, the following fees may be added to your Purchase balance:\nLate Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee of up to the maximum fee\npermitted under Section 12 C. F. R. 1026.52(b)(1)(ii) ($40 as of January 1, 2020). See Statement for current fee. For PR\nresidents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late\nPayment Fee will exceed the amount of the related missed payment.\nReturned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to\npay a Returned Payment Fee of up to the maximum fee permitted under Section 12 C. F. R. 1026.52(b)(1)(ii) ($40 as of January\n1, 2020). See Statement for current fee. No Returned Payment Fee will exceed the amount of the refused or returned payment.\nREFUND OF INTEREST AND FEES We will credit all interest and fees to your Account if you close your account within 30\ndays of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees\nare no longer avoidable or refundable and you will be responsible for paying all interest and fees charged to your Account.\nCONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account, you agreed to receive\nelectronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in\nyour Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices\nconcerning the availability of Statements and other notices and disclosures to you at the electronic mail address that you\nprovided in your Application, any updated electronic mail address that you provide to us in writing, a website that we designate or\notherwise, as mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than\nelectronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any\napplicable requirements of law.\nMONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls.\nThese calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent\nassistance and deliver accurate information in a professional manner.\nCOMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for\nany lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance\nwith our Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not\nprohibited by applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone or\nported landline telephone number) that you may provide to us from time to time; (ii) use any means of communication, including,\nbut not limited to, postal mail, electronic mail, telephone or other technology, to reach you; (iii) use automatic dialing and\nannouncing devices which may play recorded messages; and (iv) send text messages to your telephone\nNOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to\nnotify us promptly of any change in your electronic mail address, your postal address, your home telephone number, place of\nemployment or other information provided in your Application or otherwise provided to us from time to time, including porting a\nlandline telephone number to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105555, Atlanta, GA\n30348-5555 or by calling us at 1-800-710-2961.\nCHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of\napplicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit\nLimit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account\n(including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding\n\n\x0cfees or charges, changing the method of computing the balance upon which interest is assessed or changing the date\nupon which interest begin to accrue). Changes that are favorable to you may be made at any time without prior notice.\nChanges in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your\nrecord of making timely payments and staying within your established Credit Limit on your Account with us, your credit\nscore and information contained in your credit report and your proper maintenance of any checking account used to\nmake your automatic payments, if applicable.\nWhen required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer\nyou the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement\nwill affect your obligation to pay all amounts owing under this Agreement.\nASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our\nrights under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your\nrights under this Agreement.\nLOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen.\nTelephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that\nsomeone has made a Purchase on your Account without your permission, call us at 1-800-710-2961. You will not be liable for\nany such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs\nbefore you notify us. In any case, your liability for such unauthorized use will not exceed $50.\nCREDIT REPORTS AND INFORMATION\nCredit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem\nappropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you\nfor any lawful purpose as long as you have an outstanding balance.\nNotice of Information Reporting. We may report information about your Account to credit bureaus. Late payments, missed\npayments or other defaults on your Account may be reflected in your credit report.\nInformation Sharing You acknowledge and agree that we may share information about you with others in accordance with our\nPrivacy Notice (a copy of which we will provide to you and may be obtained from www.myfortiva.com as it is in effect from time to\ntime).\nNotice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported\nor may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information\nthat you believe is inaccurate by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555.\nARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)\nUnless you are a \xe2\x80\x9ccovered borrower,\xe2\x80\x9d as defined under the Military Lending Act, 10 U.S.C. \xc2\xa7987, as amended, and except as\notherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration\nProvision and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when\nthe Claim is filed). Claims will be referred to either Judicial Arbitration and Mediation Services (\xe2\x80\x9cJAMS\xe2\x80\x9d) or the American Arbitration\nAssociation (\xe2\x80\x9cAAA\xe2\x80\x9d), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available.\nIf a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice\nof our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration\nProvision, \xe2\x80\x9cClaim\xe2\x80\x9d means any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future,\n(collectively, "Claims") as further described below. (If for any reason a selected organization cannot, will not or ceases to serve\nas an arbitration administrator, you or we may substitute another widely recognized arbitration organization that uses a similar\ncode of procedure and is mutually acceptable to the parties.)\nRight To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the\nright to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this\nAgreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your\nAccount, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution,\n\n\x0cP.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following\ninformation: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision,\nand not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you\nhave provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual\nClaim brought in small claims court (or your state\xe2\x80\x99s equivalent court, if any). However, if a Claim that is brought in small claims\ncourt is transferred or appealed to a different court, either party may elect arbitration.\nSignificance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING\nARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM\nBEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION\nFROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A\nREPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION,\nRELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR\nOWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as\nset forth below, the arbitrator\xe2\x80\x99s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv)\nabove. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null\nand void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than\nitems (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide\nall other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an\narbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a\nClaim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules.\nThe exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either\nparty may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.\nBroad Meaning of \xe2\x80\x9cClaims.\xe2\x80\x9d The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and\nincludes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your\nAccount, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement,\n(iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information\nobtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent\ncorporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent\ncontractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims\nregarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.\nArbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS\nand AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or\ninfo@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or\nwebsitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand\nto do so, that party will bear the costs and expenses, including reasonable attorneys\xe2\x80\x99 fees, incurred by the party compelling\narbitration. Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time\nthe Claim is filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any\nother fees incurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us\nto pay or reimburse you for all or part of such fees. Each party will pay for its respective attorneys\xe2\x80\x99, experts\xe2\x80\x99 and witness fees,\nregardless of which party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator,\napplying applicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same\nmanner. For an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit\nhttp://www.jamsadr.com/rules-streamlined-arbitration; for AAA, visit http://www.adr.org/consumer_arbitration. The appropriate\nfee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration\nmay be higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the\narbitration proceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again,\nneither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration\nproceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to\npersons who use your Account.\nGoverning Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and\nwill be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. \xc2\xa7\xc2\xa7 1 et seq., as amended, notwithstanding any other governing\nlaw provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable\n\n\x0cstatutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered\nand enforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court\nhaving jurisdiction. The arbitrator\xe2\x80\x99s decision will be final and binding, except for any right of appeal provided by the FAA, in which\ncase any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel\nwill reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested\nby the appealing party.\nContinued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without\nregard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions\nprohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate\nthe remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the\nselected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.\nDELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law\nwithout losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may\nenforce them at a later time.\nSEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally\ndetermined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still\nbe valid and enforceable.\nENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a\npart of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or\ncontemporaneous agreement between you and us relating to your Account. Unless otherwise clearly indicated, if there is any\nconflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not\nbe amended except in accordance with the other provisions of this Agreement.\nGOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or\notherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with\napplicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal\nprinciples of conflict of laws), except that the arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C.\n\xc2\xa7\xc2\xa7 1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged\nand reserved under this Agreement will be governed by such laws. We extend credit from Missouri pursuant to Section\n408.145 of the Missouri Revised Statutes. You agree that this Agreement is made, executed and delivered in Missouri\nand that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in\nand receive all payments from you, in our offices in Missouri. To the extent not preempted by federal law or subject to\nMissouri law, for purposes of state law compliance, we have elected Section 12-103(a)(1) of the Interest and Usury\nstatute and the Revolving Credit Accounts statute in Maryland (Md. Com. Law Code \xc2\xa7 12-103(a)(1) and \xc2\xa7\xc2\xa7 12-501\net seq.).\nNOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES\nWHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED PURSUANT\nHERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED\nAMOUNTS PAID BY THE DEBTOR HEREUNDER.\nYOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY\nFILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.\nNOTICE TO THE BUYER\n1.\n\nDO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.\n\n2.\n\nYOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.\n\n3.\n\nYOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.\n\nCA RESIDENTS: Interest is compounded on unpaid amounts.\n\n\x0cMD RESIDENTS: You have the right under Section 12-510 of the commercial law code to receive an\nanswer to your written inquiry regarding the status of your account.\nMO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing\nrepayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower)\nand us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are\ncontained in this writing, which is the complete and exclusive statement of the agreement between us, except as we\nmay later agree in writing to modify it.\nNH RESIDENTS This Agreement provides for reasonable attorneys\xe2\x80\x99 fees to be awarded to us in an action against you involving\nthis Agreement. Reasonable attorney\'s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us;\nor an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action\nbrought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers\nequitable.\nNJ RESIDENTS: Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable\nor inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.\n\nWI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court\ndecree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the\ncredit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse\nprovision when the obligation to the creditor is incurred.\nNY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT\nBUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other\ndocument or record you sign in connection with your Account are incorporated here and made a part of this Agreement and\nrepresent your name and address, our name and address, and the date on this Agreement. The electronic record of your\ntransmission of the Unique Approval Code above, if applicable and consummation of a sales transaction financed under this\nAgreement represents your signature on this Agreement.\nCREDITOR /s/ THE BANK OF MISSOURI, St. Robert, MO\nREV. DATE: June 2020\nBILLING RIGHTS NOTICE\nYour Billing Rights: Keep This Document For Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at:\nAccount Services Dispute Resolution\nP.O. Box 105374\nAtlanta, GA 30348-5374\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you\nthink is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any\npotential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n\n\x0c1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is\ncorrect.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest\nand fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still\nrefuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We\nmust tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the\nmatter has been settled between us.\nIf 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\ncorrect.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good\nfaith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:\nAccount Services Dispute Resolution\nP.O. Box 105374\nAtlanta, GA 30348-5374\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we\nwill 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.\n\n\x0c'


b'SUMMARY OF TERMS\n\nIMPORTANT INFORMATION ABOUT PROCEDURES\nFOR OPENING A NEW ACCOUNT\n\nInterest Rates and Interest Charges\nAnnual percentage Rate\n(APR) for Purchases\n\n33.9%\n\nPaying Interest\n\nYou will be charged interest from the\ntransaction posting date.\nIf you are charged interest, the charge\nwill not be less than $0.50.\nTo learn more about factors to\nconsider when applying for or using a\ncredit card, visit the website of the\nConsumer Financial Protection Bureau\nat http://www.consumerfinance.gov/\nlearnmore\n\nMinimum Interest\nCharge\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\n\nAnnual Fee\n\nPenalty Fees\n\xef\x82\xa3 Late Payment\n\xef\x82\xa3 Returned\nPayment\n\nNone\nUp to $38.\nUp to $38.\n\nHow We Will Calculate Your Balance:We use a method\ncalled \xe2\x80\x9caverage daily balance (including new purchases)\xe2\x80\x9d. See\nthe Interest Charges section within this Account Agreement\nfor more details.\nBilling Rights: Information on your rights to dispute\ntransactions and how to exercise those rights is provided in\nthe Your Billing Rights section of this Account Agreement.\nHELZBERG DIAMONDS\nPRIVATE ACCOUNT AGREEMENT\n\xc2\xae\n\nThis Helzberg Diamonds Private Account Agreement (the \xe2\x80\x9cAgreement\xe2\x80\x9d)\ncontains the terms and conditions under which The Bank of Missouri has\nagreed to establish a Helzberg Diamonds Private Account (\xe2\x80\x9cAccount\xe2\x80\x9d) for\nyou. Please read this Agreement carefully before using your Account. Your\napplication for the Account and your use of the Account as discussed below\nconstitute your agreement to the terms and conditions of this Agreement.\nWhenever stated in this Agreement that we may take certain described\naction, this permits us to do so in our sole discretion. Keep this Agreement\nfor your records so you can refer to it if you have any questions regarding\nyour Account. This Agreement contains a binding arbitration\nprovision. Please see the Arbitration and Litigation Section of this\nAgreement for details regarding mandatory arbitration and your right\nto opt-out of such arbitration.\n\nTo help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and\nrecord information that identifies each person who opens an account. What\nthis means for you: When you open an account, we will ask for your name,\naddress, date of birth, and other information that will allow us to identify you.\nWe will also ask to see your driver\xe2\x80\x99s license or other identifying documents.\n\nMILITARY LENDING ACT NOTICE\n\nFederal law provides important protections to members of the Armed Forces\nand their dependents relating to extensions of consumer credit. In general,\nthe cost of consumer credit to a member of the Armed Forces and his or\nher dependent may not exceed an annual percentage rate of 36 percent.This\nrate must include, as applicable to the credit transaction or account:The costs\nassociated with credit insurance premiums; fees for ancillary products sold in\nconnection with the credit transaction; any application fee charged (other than\ncertain application fees for specified credit transactions or accounts); and any\nparticipation fee charged (other than certain participation fees for a credit\ncard account).To hear this same disclosure and a general description of your\npayment obligations for this Account, please call us toll-free at: 866-875-5929.\nAny provisions of this Agreement that are inconsistent with the Military Lending Act (\xe2\x80\x9cMLA\xe2\x80\x9d), 10 U.S.C. \xc2\xa7 987, and its implementing regulations (32 C.F.R.\nPart 232) shall not apply to Covered Borrowers.The term \xe2\x80\x9cCovered Borrower\xe2\x80\x9d has the meaning set forth In 32 C.F.R. \xc2\xa7 232.3(g). In general, a Covered\nBorrower is a customer who, at the time the customer establishes an Account,\nis either (i) a member of the Armed Forces serving on active duty, or active\nGuard and Reserve duty; or (ii) a dependent of such an active duty service\nmember.The MLA\xe2\x80\x99s limitations on interest and fees apply to individuals while\nthey are Covered Borrowers, and any interest or fees charged to Covered\nBorrowers in excess of the permitted limit shall be reduced by the amount\nnecessary to satisfy that limit. If you cease to be a Covered Borrower, then\nthe interest and fee limitations of the MLA will no longer apply.The Arbitration and Litigation Provision set forth in this Agreement does not apply to an\nAccount opened by a Covered Borrower, even if you cease to be a Covered\nBorrower after your Account is opened.\n\nDEFINITIONS\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Helzberg Diamonds Private Account.\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d means a monthly billing period which begins on or about the\nsame day each month.\n\xe2\x80\x9cCredit Limit\xe2\x80\x9d means the maximum amount of credit we have approved for\nyou on your Account which may be outstanding at any time.\n\xe2\x80\x9cPurchase\xe2\x80\x9d means credit we extend to you on your Account when you\npresent your Account number to purchase goods and/or services and we pay\nHelzberg Diamonds on your behalf for the transaction.\n\xe2\x80\x9cStatement\xe2\x80\x9d means the periodic billing statement reflecting transactions and\npayments made on your Account.We will send you a Statement at the end of\nany Billing Cycle in which (i) we owe you, or you owe us, more than $1; (ii) we\nimpose any charge on your Account; or (iii) any payment, credit, or Purchase is\nposted to your Account.\n\xe2\x80\x9cStatement Closing Date\xe2\x80\x9d means the last day of any Billing Cycle.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d or \xe2\x80\x9cour,\xe2\x80\x9d refers to The Bank of Missouri, except as otherwise\nspecifically provided in this Agreement.\n\xe2\x80\x9cYou,\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d refer to the person who applied for or uses the Account.\n\nUSING YOUR ACCOUNT\n\nAcceptance. You agree to the terms and conditions set forth in this Agreement when you (a) sign, use, or permit others to use the Account, (b) sign\nor permit others to sign sales slips, or (c) make or permit others to make\npurchases by telephone, internet, or any other means.You agree to use\nyour Account in accordance with this Agreement.You agree to pay us for all\namounts due on your Account.\nPurchasing with your Account. You may use your Account to make Purchases. Each time you use your Account, you are requesting that we advance credit\n\nin the amount of the Purchase, which will also reduce your available credit by\nthe amount of the Purchase. Any refund, adjustment or credit allowed with\nrespect to a prior Purchase shall not be made in cash but rather shall be a\ncredit to your Account. Purchases will require our authorization.You agree\nthat neither we nor our agents shall be liable for refusing an authorization\nrequest.Your Account must only be used for lawful transactions.\nChanges to this Agreement. The rates, fees and terms of this Agreement\nmay change from time to time. We may add or delete any term to this\nAgreement. If required by law, we will give you advance written notice of the\nchange(s) and the right to reject the change(s).We will not charge any fee or\ninterest charge that is prohibited by law.\nCredit Limit. We will determine the available Credit Limit on your Account.\nYou must keep your Account balance below your assigned Credit Limit. If\nyou do not, you must immediately pay us the amount by which you have\nexceeded your Credit Limit.We may increase or decrease your Credit Limit\nwithout notice.We may delay increasing your available credit by the amount\nof any payment that we receive for up to fourteen (14) calendar days.You\ncan use your Account to make Purchases, so long as you do not exceed your\nCredit Limit and are in compliance with this Agreement.\nUnauthorized Users. You must notify us immediately if you believe someone is using your Account without your permission.\n\nFEES\n\nLate Payment Fee. If we do not receive your monthly Minimum Payment\nDue by the Statement Closing Date of the Billing Cycle in which the Payment Due Date occurs and the amount past due is more than $9.99, we\nwill apply a Late Payment Fee to your Account.The Late Payment Fee is $27\nif you were not charged a Late Payment Fee during any of the prior six (6)\nBilling Cycles. Otherwise, the Late Payment Fee is $38.The Late Payment\nFee will never exceed the amount of your most recently required monthly\nminimum payment.\nReturned Payment Fee. If any payment on your Account is returned to\nus unpaid for any reason, we will apply a Returned Payment Fee to your\nAccount.The Returned Payment Fee is $27 if you were not charged a Returned Payment Fee during any of the prior six (6) Billing Cycles. Otherwise,\nthe Returned Payment Fee is $38.The Returned Payment Fee will never\nexceed the monthly minimum payment.\nDocumentation Fee. If you request a copy of a Statement previously sent\nto you, we may charge to your Account a Documentation Fee of $3 per\nStatement.We may also charge to your Account a Documentation Fee\nof $10 for each copy of a sales ticket or other item you request that has\npreviously posted to your Account.We will not impose any fee in connection with a good faith assertion of a billing error or other exercise of your\nBilling Rights (see below under \xe2\x80\x9cYour Billing Rights - Keep This Document for\nFuture Use\xe2\x80\x9d).\n\nHOW WE CALCULATE YOUR INTEREST CHARGES;\nPERIODIC RATE; APR\n\nInterest Charges. An Interest Charge on Purchases will be imposed from\nthe date a Purchase is posted to your Account until it is paid in full.There is\nno grace period on Purchases. Please also see \xe2\x80\x9cDeferred Interest Purchases\xe2\x80\x9d\nbelow.\nHow we Calculate your Interest Charges. The Interest Charge on Purchases is calculated using the average daily balance method, including new\npurchases. Under this method, the Interest Charge for a Billing Cycle is computed by multiplying the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d for Purchases outstanding\nduring the monthly Billing Cycle by the monthly Periodic Rate.The monthly\nPeriodic Rate is calculated as set forth below.The Average Daily Balance is\ncomputed by taking the beginning balance of your Account on each day, adding new Purchases, and subtracting any payments or credits to get each day\xe2\x80\x99s\ndaily balance.The daily balances are then added together and divided by the\nnumber of days in the Billing Cycle to arrive at the Average Daily Balance.\n\nPeriodic Rate. To calculate Interest Charges, we multiply the average daily\nbalance by the monthly Periodic Rate.The monthly Periodic Rate is calculated by dividing the ANNUAL PERCENTAGE RATE by 12 months. For\npurposes of this Agreement, the ANNUAL PERCENTAGE RATE (APR) is\n33.9%, which corresponds to a monthly Periodic Rate of 2.825%.\nMinimum Interest Charge. In any Billing Cycle in which you are subject to\nan Interest Charge and the Interest Charge as computed above is less than\n$.50 you will be billed a minimum Interest Charge of $0.50.\nDeferred Interest Purchases. From time to time, in our sole discretion, we\nmay offer promotional financing that allows you to defer Interest Charges\non any qualifying Purchase (\xe2\x80\x9cDeferred Interest Purchase\xe2\x80\x9d). Each Deferred\nInterest Purchase will accrue Interest Charges at an APR of 33.9%, but we\nwill not charge those Interest Charges to your Account if the Deferred\nInterest Purchase is paid in full before the end of the Deferred Interest\nPeriod (as described below). Interest on the Deferred Interest Purchase\nwill be charged to your Account from the date of the Deferred Interest\nPurchase if the balance of the Deferred Interest Purchase is not paid in\nfull within the Deferred Interest Period or if your Account is otherwise in\ndefault.The Deferred Interest Period for each Deferred Interest Purchase\nwill end 6 months following the Deferred Interest Purchase date.You must\nmake each monthly Minimum Payment Due during the Deferred Interest\nPeriod.Your Statement will show your Minimum Payment Due and any\nDeferred Interest Purchase balance and the Deferred Interest Period. If\nyou pay only the Minimum Payment Due each Billing Cycle, the payments\nmay not be sufficient to pay the entire Deferred Interest Purchase balance\nwithin the Deferred Interest Period.You may have to make additional or\nincreased payments during the Deferred Interest Period to pay the entire\nDeferred Interest Purchase balance and avoid having to pay all accrued\nInterest Charges.\n\nSTATEMENTS and PAYMENTS\n\nStatements. The Statements we send you will reflect Purchases, Interest\nCharges, other fees and charges, payments and credits posted to your\nAccount during the Billing Cycle.The Statements will also show your Minimum Payment Due and Payment Due Date.The information contained\non the Statement will be deemed to be correct unless you advise us of\nan error, in writing, within sixty (60) days after we have sent you the first\nStatement on which the error or problem appeared.To report a possible\nerror, please follow the directions set forth in the \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d section within this Agreement.\nMinimum Payment Due. You may pay your Account balance at any time\nwithout penalty.Whenever a balance is due, you must pay at least the\nrequired Minimum Payment Due, which we must receive on or before the\nPayment Due Date shown on the Statement.The Payment Due Date will\nbe at least twenty- five (25) days from the Billing Cycle\xe2\x80\x99s Statement Closing\nDate.The Minimum Payment Due in any Billing Cycle will be the greater of:\n(i) $15; or (ii) an amount determined based upon the number and amount\nof outstanding Purchases, the repayment plan for each Purchase, plus any\nfees, past due, or overlimit amounts due on the Account.The repayment\nplan for each Purchase is identified on your receipt at the time of Purchase\nand on your Statement.\nCrediting Payments. Payment must be made by check or other negotiable\ninstrument payable to us in U.S. Dollars. Do not send cash through the\nmail. Payment made through the mail in the form of third-party checks\nmay not be accepted, and all checks or negotiable instruments must be\npayable at a domestic bank or at a domestic office of a foreign bank. Payments will be credited as of date of receipt provided that you (a) send the\npayment coupon included with your Statement in the same envelope with\nyour payment, (b) you include your Account number on your payment,\nand (c) your payment arrives at the payment address indicated on the payment coupon in our processing center by 5:00 p.m. Eastern Time. If your\nPayment Due Date occurs on a day on which we do not receive payments,\nany payment received the next day on which we receive payments which\n\nconforms to the above requirements will not be treated as late. Please\nallow at least seven (7) days for postal delivery. Payments received at any\nother location or in any other form might not be credited for up to five\n(5) business days.\nIrregular Payments with Restrictive Words, Conditions or Instructions.\nWe may accept late payments or partial payments or checks and money\norders marked \xe2\x80\x9cpayment in full\xe2\x80\x9d without waiving any of our rights under\nthis Agreement. Payments should not be made by post-dated check. If we\nreceive payment by post-dated check, we may deposit it and shall have no\nliability if it is posted or collected prior to the date which appears on the\ncheck.\nPayment Processing. We may accept and process payments without losing\nany of our rights. Even if we credit your payment to your Account, we\nmay delay the availability of credit until we confirm that your payment has\ncleared. We may resubmit and electronically collect returned payments.\nWe may also adjust your Account balance as necessary to correct errors,\nto process returned and reversed payments, and to handle similar issues.\nWhen you send us a personal check, you authorize us to process the\ncheck electronically. In addition, if a check we process in paper form is returned to us unpaid, you agree that we may re-present the returned check\nelectronically. We will process your payment using the Automated Clearing\nHouse (ACH) system. Electronically processed checks (and checks\npresented electronically) are not returned to you by your bank. We will\nretain an image of your electronically processed check as required by law.\nWe will provide you with a copy of your electronically processed check\nupon your request. Please contact the Customer Service Department at\nthe telephone number on your Statement to learn about other payment\noptions if you prefer not to have your check used in this way. In the ordinary course of business, your check will not be provided to you with your\nStatement; however, a copy can be retrieved by contacting your financial\ninstitution.\nHow We Apply Your Payments. For each Billing Cycle, we will allocate\npayment amounts up to your Minimum Payment Due to charges and principal due (including new transactions) in any manner we determine in accordance with applicable law, and the application of payments may change\nfrom time to time. For each Billing Cycle, to the extent your payments\nexceed your Minimum Payment Due, we will apply the excess amount in\nthe order required by applicable law. During the last two Billing Cycles of a\nDeferred Interest Period, if you have an outstanding balance on a Deferred\nInterest Purchase, we will apply the excess amount to the balance of the\nDeferred Interest Purchase.\nCONTACT US\nUnless we tell you otherwise, you can contact us regarding your Account:\n\xe2\x80\xa2 by phone at 1-877-722-1741\n\xe2\x80\xa2 in writing to:\nHelzberg Diamonds Private Account\nP.O. Box 4477\nBeaverton, OR 97076\nWhen writing, please include your name, address, home phone number\nand Account number.You must contact us within fifteen (15) days of\nchanging your e-mail address, mailing address or phone number.\n\nOTHER IMPORTANT TERMS AND INFORMATION\n\nCancellation/Terminating Credit. You may cancel your Account at\nany time by writing to us at the address set forth in the CONTACT US\nsection. In the event of cancellation or termination of your Account, you\nwill remain responsible for any amount you owe us under this Agreement.Your Account may be automatically cancelled if you fail to abide by\nthe repayment terms of this Agreement.We can terminate your Account\nat any time and for any reason without advance notice. If we do, we will\nnotify you in writing after the termination. If your Account is terminated,\nby you or by us, you will remain liable for any balance due on the Account,\n\nand any Interest Charges, fees or other charges will continue to be\nimposed at the rates specified in this Agreement until all sums you\nowe are paid in full.\nDefault. You will be in default of this Agreement thirty-one (31)\ndays after any of the following occur: (a) you do not make a Minimum Payment Due on your Account on or before the Payment\nDue Date, you incur charges for Purchases which exceed your\nmaximum authorized Credit Limit, or you otherwise fail to comply\nwith the terms of this Agreement; (b) you become insolvent or\nfile bankruptcy; (c) you provide us with or have provided us with\nfalse or misleading information or signatures at any time; (d) any\njudgement, attachment or execution is issued against you or your\nproperty; (e) you die or become legally incompetent; or (f) we reasonably deem our prospect of repayment to be materially impaired.\nWhether or not you are in default, we may immediately terminate\nthis Agreement without first giving notice to you.You agree to pay\nus all amounts due in accordance with this Agreement including\nInterest Charges and other fees and charges as provided in this\nAgreement until all sums you owe are paid in full. If your Account is\nin default, we have all rights and remedies provided by law including\ndemanding immediate payment in full of your Account, initiating\ncollection activity, and using any legal means we deem necessary. If\nwe waive a default, we do not waive the right to declare the same\nor another event occurring later as a default of your Account. If we\nstart collection proceedings to recover amounts you owe us under\nthis Agreement, you agree to pay all of our costs, expenses, and attorney\xe2\x80\x99s fees except to the extent the payment by you of such costs,\nexpenses, or fees is prohibited by law.\nNo Responsibility. We will not be responsible for merchandise or\nservices purchased through the use of your Account.We have no\nliability to you other than as placed on us by law. We will meet our\nduty to care for your Account if we comply with reasonable banking\nprocedures. Our mere clerical error or honest mistake will not be\nconsidered a failure to perform any of our obligations.\nSeverability. If any provision of this Agreement is invalid or unenforceable under any law, rule or regulations, such provision shall be\nconsidered changed to the extent necessary to comply with the law.\nThe validity or enforceability of any other provision of this\nAgreement shall not be affected.\nBinding Effect. Any Purchase made on your Account and occurring\nbefore we receive actual written notice of your default or incompetency will be a valid and binding Account obligation upon you, your\nestate and your personal representative.\nNotice. Any notices we send you will be considered effective when\nit is delivered personally to you or mailed, postage prepaid, to the\nlast address we have for you in our records. Notice from you will be\nconsidered effective when we receive it at the address shown on\nyour Statement or at P.O. Box 4477, Beaverton, OR 97076.\nOur Communication with You. We may monitor and/or record\ntelephone calls regarding your Account to verify information and\nassure the quality of our service. If you provide a telephone number\nto us, you authorize us and any other servicer of your Account to\ncontact you about your Account at any contact number or other\nmeans of communication you provide, including communications\nto a cell phone and communications using an automatic telephone\ndialing system or an artificial or prerecorded message.\nOur Privacy Policy. You will receive a copy of our privacy policy\nwhen you open your Account. Please read it carefully. It summarizes\nthe personal information we collect, how we safeguard its confidentiality and security, when it may be shared with others and how you\ncan limit our sharing of this information.\n\n\x0cMonitoring and Reporting to Credit Reporting Agencies. You\nauthorize us to check your credit history at any time to determine\nyour eligibility or continued eligibility for the Account or any renewal\nor future extension of credit.You authorize your employer, bank\nand any other references listed to release and/ or verify information\nto us and our affiliates in order to determine your eligibility for the\nAccount and any renewal or future extension of credit.\nWe may report to credit reporting agencies. Late payments, missed\npayments or other defaults on your Account may be reflected on\nyour credit report. If you believe that information we reported is\ninaccurate or incomplete please write us. Include your name, address,\nhome phone number and Account number.\nGoverning Law. This Agreement will be governed by the law of the\nState of Missouri as provided by MRS sec \xc2\xa7 408.145 and federal law\nto the extent it applies.\nAssignment. We may sell, assign or transfer your Account or any\nportion of it without notice to you. You may not sell, assign or\ntransfer your Account.\nEntire Agreement. This Agreement is a final expression of the\nagreement between The Bank of Missouri and you.The Agreement\nmay not be contradicted by evidence of any alleged oral agreement.\nARBITRATION AND LITIGATION\nPLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES\nTHAT UNLESS YOU ELECT TO OPT-OUT IN THE MANNER\nDESCRIBED BELOW, ALL DISPUTES ARISING OUT OF OR\nCONNECTED TO THIS AGREEMENT SHALL BE RESOLVED BY\nBINDING ARBITRATION, PROVIDED THAT EITHER YOU OR WE\nMAY BRING A CLAIM IN SMALL CLAIMS COURT. ARBITRATION\nREPLACES THE RIGHT TO GO TO COURT, INCLUDING THE\nRIGHT TO HAVE A JURY,TO ENGAGE IN DISCOVERY (EXCEPT\nAS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO\nPARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.\nIN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR\nINSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES\nARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED\nTO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE\nPART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION\nPROCEEDING.THIS ARBITRATION AND LITIGATION PROVISION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS\nAGREEMENT,YOU ARE A COVERED BORROWER ENTITLED\nTO PROTECTION UNDER THE FEDERAL MILITARY LENDING\nACT. PLEASE SEE THE SECTION OF THIS AGREEMENT LABELED\n\xe2\x80\x9cMILITARY LENDING ACT NOTICE.\xe2\x80\x9d\nParties and Matters Subject to Arbitration. \xe2\x80\x9cArbitration\xe2\x80\x9d is a\nmeans of having an independent third party resolve a Claim. A\n\xe2\x80\x9cClaim\xe2\x80\x9d is any dispute or controversy of any kind between you\nand us.The term Claim is to be given its broadest possible meaning\nand includes, without limitation, all claims or demands (whether\npast, present or future, including events that occurred prior to the\nopening of this Account), based on any legal or equitable theory\n(contract, tort, or otherwise) and regardless of the type of relief\nsought (i.e., money, injunctive relief or declaratory relief). A Claim\nincludes, by way of example and without limitation, any claim based\nupon a federal or state constitution, statute, ordinance, regulation,\nor common law, and any issue concerning the validity, enforceability\nor scope of this Agreement or Arbitration Provision. For purposes\nof this Provision, the terms \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d include any person\nauthorized to use the Account and also includes your heirs, guardian,\npersonal representative or trustee in bankruptcy.The terms \xe2\x80\x9cwe,\xe2\x80\x9d\n\n\xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d include our employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors and assigns, as well as our\nmarketing, servicing and collection representatives and agents.\nAgreement to Arbitrate. Any Claim arising out of or relating to this\nAgreement, or the breach thereof, shall be resolved and settled exclusively\nand finally by binding arbitration, in accordance with this Provision. Binding\narbitration shall not be required, however, for collection actions by us\nrelating to your Account. Furthermore, both you and we retain the right to\npursue in a small claims court any Claim that is within the court\xe2\x80\x99s jurisdiction, provided the Claim proceeds on an individual basis. However, only a\ncourt of law, not an arbitrator, shall determine the validity and effect of this\nProvision\xe2\x80\x99s prohibition of class arbitration. For any Claims covered by this\nProvision, the party who asserted a Claim in a lawsuit in court may elect\narbitration with respect to any Claim subsequently asserted in that lawsuit\nby any other party.\nChoice of Arbitrator. The party filing an arbitration must choose either\nof the following arbitration firms for initiating and pursuing an arbitration:\nthe American Arbitration Association or JAMS (formerly known as Judicial\nArbitration and Mediation Services, Inc.). If you claim you have a Claim with\nus, but you do not initiate an arbitration or select an arbitrator, we may do\nso.You may obtain copies of the current rules of each of the arbitration\nfirms and forms and instructions for initiating an arbitration by contacting\nthem as follows\nAmerican Arbitration Association 335 Madison Avenue, Floor 10\nNew York, NY 10017-4605\nWebsite: www.adr.org\nJAMS\n1920 Main Street, Suite 300\nIrvine, CA 92614\nWebsite: www.jamsadr.com\nThe policies and procedures of the selected arbitration firm will apply\nprovided that these are consistent with this Provision.To the extent the\narbitration firm\xe2\x80\x99s rules or procedures are different than the terms of this\nProvision, the terms of this Provision will apply.\nIf neither arbitration firm listed in this agreement is available to resolve the\nClaim, you and we may each select a local arbitrator.The local arbitrators\nselected by you and us shall then agree upon the selection of another\narbitrator who will hear and resolve the Claim.The arbitrator selected to\nresolve the Claim must be an attorney with at least ten (10) years\xe2\x80\x99 experience, retired judge, or arbitrator registered and in good standing with an\narbitration association and arbitrate pursuant to such arbitrator\xe2\x80\x99s rules\napplicable to consumer disputes. Notwithstanding the foregoing, no party or\nlocal arbitrator may select an arbitrator who refuses to enforce an arbitration agreement containing a class-action waiver, because you and we have\nin this Provision waived any right to arbitrate a dispute on a class-action,\nrepresentative-action, or consolidated basis.\nVoluntary Waiver of the Right to a Jury Trial and Class Action Participation. As a result of this Provision, neither you nor we have the right to\nlitigate any Claim in court or the right to a jury trial on any Claim.YOU\nAGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE\nA JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE\nAS AREPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY\nOTHER REPRESENTATIVE CAPACITY. SIMILARLY, NEITHER YOU NOR\nWE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN\nA LAWSUIT OF ANY CLAIM.\nProhibition of Class Arbitration. All Claims shall be resolved by binding\narbitration on an individual basis. Claims made and remedies sought as\npart of a class action, private attorney general or other representative\n\naction are subject to arbitration on an individual (non-class, non-representative) basis.Therefore, the arbitrator has no authority to conduct class-wide\nproceedings and will be restricted to resolving individual Claims. UNDER THIS\nARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR\nANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration will only\nbe conducted on an individual Claim basis and there is no right or authority\nto consolidate or join any of your Claims with any other Claims.YOU AGREE\nTHAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY\nRIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY\nCLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.\n\nreject arbitration.You must give written notice, and it is not sufficient to telephone us. Send only your notice to reject arbitration; do not include the notice\nwith other correspondence to us.We must receive your letter at the above\naddress within 60 days after the date this Agreement was provided to you or\nyour rejection of arbitration will not be effective.\n\nYour Rights If You Are Dissatisfied With Your Account Purchases:\nIf you are dissatisfied with the goods or services that you have purchased with\nyour Account, and you have tried in good faith to correct the problem with the\nmerchant, you may have the right not to pay the remaining amount due on the\nPurchase.\n\nYOUR BILLING RIGHTS - KEEP THIS DOCUMENT FOR\nFUTURE USE\n\nGoverning Law. This Provision is made pursuant to a transaction involving\ninterstate commerce and shall be governed by the Federal Arbitration Act, 9\nU.S.C.1-16, as it may be amended.The arbitrator will apply applicable Federal\nand Missouri substantive law and the terms of this Agreement.The arbitrator\nmust apply the terms of this Provision, including without limitation the waiver\nof class-wide arbitration.The arbitrator will make written findings and the\narbitrator\xe2\x80\x99s award may be filed with any court having jurisdiction.The arbitration award will be supported by substantial evidence and must be consistent\nwith this Agreement and applicable law or may be set aside by a court upon\njudicial review. Either party may seek judicial review of the arbitrator\xe2\x80\x99s decision\naccording to applicable law.\n\nWhat To Do If You Find A Mistake On Your Statement: If you think there\nis an error on your statement, write to us at:\n\nTo use this right, all of the following must be true:\n(1) The Purchase must have been made in your home state or\nwithin 100 miles of your current mailing address, and the Purchase\nprice must have been more than $50.00. (Note: Neither of these\nare necessary if your Purchase was based on an advertisement we\nmailed to you, or if we own the company that sold you the goods\nor services.)\n(2) You must have used your Account for the Purchase.\n(3) You must not yet have fully paid for the Purchase.\n\nExpenses. If you initiate the arbitration, you will be responsible for the first\n$50 of filing fees and other costs or fees, and we will pay the balance of the\nfiling fee and any costs or fees charged by the arbitrator above the first $50. If\nyou cannot afford to pay the first $50, we may pay this in our discretion. If we\ninitiate the arbitration, we will pay the filing fee and any costs or fees charged\nby the arbitrator. Unless prohibited by law, the arbitrator may award fees, costs\nand reasonable attorneys\xe2\x80\x99 fees to the party who substantially prevails in the\narbitration.\nLocation of Arbitration. Unless you and we agree to a different location, the\narbitration will be conducted in the same city as the United States District\nCourt closest to your then current mailing address.\nSmall Claims Court. All parties, including related third parties, shall retain the\nright to seek adjudication in a small claims court for Claims within the scope\nof such court\xe2\x80\x99s jurisdiction. Any Claim, which cannot be adjudicated within the\njurisdiction of a small claims court, shall be resolved by binding arbitration. Any\nappeal of a judgment from a small claims court shall be resolved by binding\narbitration de novo (i.e. upon a fresh review of the facts).\nBinding Effect and Survival. You and we agree that, except as specifically\nprovided for above, the arbitrator\xe2\x80\x99s decision will be final and binding on all\nparties subject to this Provision.This Provision is binding upon you, us, and the\nheirs, successors, assigns, and related third parties of you and us.This Provision\nshall survive (i) termination or changes in this Agreement, the Account, or the\nrelationship between you and us concerning the Account; (ii) the bankruptcy\nof any party; and (iii) any transfer, sale or assignment of your Account, or any\namounts owed on your Account, to any other person or entity.\nSeverability. If any portion of this Provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, such a finding shall\nnot invalidate any remaining portion of this Provision, the Agreement, or any\nother agreement entered into by you with us. However, the prohibition on\nclass arbitration is not severable from the remainder of this Provision. In the\nevent that a court deems the prohibition on class arbitration to be invalid and\nunenforceable, any subsequent class action or representative proceeding shall\nbe in a court of law and will not be subject to binding arbitration.\nRight to Opt-Out. If you do not wish to agree to arbitrate all Claims in accordance with the terms and conditions of this section, you must advise us in\nwriting at the following address within 30 days of receiving this Agreement:\nHelzberg Diamonds Private Account, P.O. Box 4499, Beaverton, OR 97076.\nClearly print or type your name and Account number and state that you\n\nThis notice tells you about your rights and our responsibilities under the\nFair Credit Billing Act.\n\nHelzberg Diamonds Private Account\nP.O. Box 4499\nBeaverton, OR 97076\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe\nwhat you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Statement.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you\nwant to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you\ndo we are not required to investigate any potential errors and you may have to\npay the amount in question.\nWhat Will Happen After We Receive Your Letter: When we receive your\nletter, we must do two things:\n(1) Within 30 days of receiving your letter, we must tell you\nthat we received your letter.We will also tell you if we have\nalready corrected the error.\n(2) Within 90 days of receiving your letter, we must either correct\nthe error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and we may continue\nto charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible\nfor the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees.We will send you a statement\nof the amount you owe and the date payment is due.We may then report you\nas delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write\nto 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\nyour bill.We must tell you the name of anyone to whom we reported you as\ndelinquent, and we must let those organizations know when the matter has\nbeen settled between us. If we do not follow all of the rules above, you do not\nhave to pay the first $50.00 of the amount you question even if your bill is\ncorrect.\n\nIf all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at:\nHelzberg Diamonds Private Account\nP.O. Box 4499\nBeaverton, OR 97076\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that\npoint, if we think you owe an amount and you do not pay, we may report you\nas delinquent.\n\nSTATE DISCLOSURES\n\nImportant account\ninformation regarding your\n\nHelzberg Diamonds\n\n\xc2\xae\n\nCalifornia Residents: A married applicant may apply for a separate Account.\nAs required by law, you are hereby notified that a negative credit reporting\nreflecting on your credit record may be submitted to a Consumer Reporting\nAgency if you fail to fulfill the terms of your credit obligations. After credit\napproval, each applicant shall have the right to use the Account up to the Credit\nLimit of the Account. Each applicant may be liable for amounts extended under\nthe plan to any joint applicant.\nDelaware Residents: Service charges not in excess of those permitted by law\nwill be charged on the outstanding balances from month to month.\nKentucky Residents: You may pay the unpaid balance of your Account in\nwhole or in part at any time.\nMaine Residents: Credit insurance provided herein is voluntary and you have\nthe right to cancel such credit insurance at any time.\nNew York and Vermont Residents: The Bank of Missouri may obtain a consumer report for any legitimate purpose in connection with your Account or\nyour application, including but not limited to reviewing, modifying, renewing and\ncollecting on your Account. Upon your request, we (The Bank of Missouri) will\ninform you of the names and addresses of any Consumer Reporting Agencies\nthat have furnished the reports. New York residents may contact the New York\nState Banking Department (1-800-518- 8866) to obtain a comparative list of\ncredit card rates, fees and grace periods.\nOhio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all credit worthy customers, and that Consumer Reporting Agencies maintain separate credit histories on each individual\nupon request.The Ohio Civil Rights Commission administers compliance with\nthis law.\nMarried Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will\nadversely affect a creditor\xe2\x80\x99s interests unless prior to the time credit is granted,\nthe creditor is furnished with a copy of the agreement, statement, or court\norder, or has actual knowledge of that provision.\n14-HD-0298(4/18)\n\nPrivate Account\n\nTerms & Conditions\n\n\x0c'