SUMMARY OF TERMS 

Interest Rates and Interest Charges 

Annual Percentage 
Rate (APR) for 
Purchases  

Paying Interest  

18.9%. 

You will be charged interest from the 
transaction date.   

Minimum Interest 
Charge 

If you are charged interest, the charge will 
not be less than $0.50. 

For Credit Card Tips 
from the Federal 
Reserve Board 

To learn  more about factors to consider 
when applying for or using a credit card, 
visit the website of the Federal Reserve 
Board at  
http://www.federalreserve.gov/cred
itcard 

Fees 

Annual Fee 

None 

Penalty Fees 
Late Payment 
Returned Payment 

Up to $25  
Up to $19 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new 
purchases)”. See the Interest Charges section within this Account Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the 
Your Billing Rights section of this Account Agreement. 

HELZBERG DIAMONDS PRIVATE ACCOUNT AGREEMENT 

This Helzberg Diamonds Private Account Agreement (the “Agreement”) contains the terms and conditions under which Mid America Bank &  Trust 
Company has agreed to establish a Helzberg Diamonds Private Account (“Account”) for you.  Please read this Agreement carefully before using your 
Account.  Your application for the Account and your use of the Account as discussed below constitute your agreement to the terms and conditions of 
this Agreement.  Whenever stated in this Agreement that we may take certain described action, this permits us to do so in our sole discretion.  Keep 
this Agreement for your records so you can refer to it if you have any questions regarding your Account.  This  Agreement  contains  a  binding 
arbitration  provision.    Please  see  the  Arbitration  and  Litigation  Section  of  this  Agreement  for  details  regarding 
mandatory arbitration and your right to opt-out of such arbitration.   

DEFINITIONS 

 
 
 
 
 
 
 
 
 
 
 
“Account” means your Helzberg Diamonds Private Account.  

“Billing Cycle” means a monthly billing period which begins on or about the same day each month. 

“Credit Limit” means the maximum amount of credit we have approved for you on your Account which may be outstanding at any time. 

“Purchase” means credit we extend to you on your Account when you present your Account number to purchase goods and/or services and we 
pay Helzberg Diamonds on your behalf for the transaction. 

“Statement” means the periodic billing statement reflecting transactions and payments made on your Account. We will send you a Statement at 
the end of any Billing Cycle in which (i) we owe you, or you owe us, more than $1; (ii) we impose any charge on your Account; or (iii) any payment, 
credit, or Purchase is posted to your Account. 

“Statement Closing Date” means the last day of any Billing Cycle. 

”We,” “us,” or “our,” refers to Mid America Bank & Trust Company, except as otherwise specifically provided in this Agreement. 

“You,” and “your” refer to the person who applied for the Account. 

USING YOUR ACCOUNT   
Acceptance.  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 or permit others to sign sales slips, or (c) make or permit others to make purchases by telephone, internet, or any other means. You agree to 
use your Account in accordance with this Agreement. You agree to pay us for all amounts due on your Account.  

Purchasing  with  your  Account.  You may use your Account to make Purchases. Each time you use your Account, you are requesting that we 
advance credit in the amount of the Purchase, which will also reduce your available credit by the amount of the Purchase.  Any refund, adjustment or 
credit allowed with respect to a prior Purchase shall not be made in cash but rather shall be a credit to your Account.  Purchases will require our 
authorization.  You agree that neither we nor our agents shall be liable for refusing an authorization request.  Your Account must only be used for 
lawful transactions.  

Changes  to  this  Agreement.  The rates, fees and terms of this Agreement may change from time to time.  We may add or delete any term to 
this Agreement.  If required by law, we will give you advance written notice of the change(s) and the right to reject the change(s). We will not charge 
any fee or interest charge that is prohibited by law. 

Credit  Limit.   We will determine the available Credit Limit on your Account.  You must keep your Account balance below your assigned Credit 
Limit. If you do not, you must immediately pay us the amount by which you have exceeded your Credit Limit.  We may increase or decrease your 
Credit Limit without notice.  We may delay increasing your available credit by the amount of any payment that we receive for up to ten (10) business 
days. You can use your Account to make Purchases, so long as you do not exceed your Credit Limit and are in compliance with this Agreement. 

Unauthorized Users.  You must notify us immediately if you believe someone is using your Account without your permission.  

FEES 
Late  Payment  Fee.  You will be charged a Late Payment Fee of up to $25 (equal to the lesser of the amount of your Minimum Payment Due or 
$25), if you fail to pay by the Payment Due Date shown on your Statement (i) at least the Minimum Payment Due on your Account; (ii) any amount 
past due; or (iii) any amount by which your Account balance exceeds your assigned Credit Limit. 

Returned  Payment  Fee.  If any check or other payment method (including an electronic funds transfer or a telephone authorized draft) is not 
honored, for any reason, by the institution on which it was drawn, you will be charged a Returned Payment Fee of up to $19 (equal to the lesser of 
the amount of your Minimum Payment Due or $19). Please note that this fee may be charged if a payment method is not honored the first time it is 
institution. 
when 
presented 

subsequently 

presented 

payment, 

honored 

financial 

even 

the 

for 

to 

is 

it 

if 

HOW WE CALCULATE YOUR INTEREST CHARGES; PERIODIC RATE; APR        
Interest  Charges. An Interest Charge on Purchases will be imposed from the date a Purchase is posted to your Account until it is paid in full. 
There is no grace period on Purchases.  Please also see “Deferred Interest” below. 

How  we  Calculate  your  Interest  Charges.  The Interest Charge on Purchases is calculated using the average daily balance method, 
including new purchases.  Under this method, the Interest Charge for a Billing Cycle is computed by multiplying the “Average Daily Balance” for 
Purchases outstanding during the monthly Billing Cycle by the monthly Periodic Rate. The monthly Periodic Rate is calculated as set forth below.  
The Average Daily Balance is computed by taking the beginning balance of your Account on each day, adding new Purchases, and subtracting any 
payments or credits to get each day’s daily balance.  The daily balances are then added together and divided by the number of days in the Billing 
Cycle to arrive at the Average Daily Balance.   

 
 
 
 
 
 
 
  
 
 
 
 
        
 
Periodic  Rate.    To calculate Interest Charges, we multiply the average daily balance by the monthly Periodic Rate.  The monthly Periodic Rate is 
calculated by dividing the ANNUAL PERCENTAGE RATE by 12 months.  For purposes of this Agreement, the ANNUAL PERCENTAGE RATE is 
18.9%, which corresponds to a monthly Periodic Rate of 1.58%. 

Minimum  Interest  Charge. In any Billing Cycle in which you are subject to an Interest Charge and the Interest Charge as computed above is 
less than $.50, you will be billed a minimum Interest Charge of $0.50. 

Deferred  Interest.  Interest Charges on Purchases made under the Account will  be deferred for the first six (6) months following the initial 
transaction date (the “Deferred Interest Period”), which means that although Interest Charges will continue to accrue on the  Account, no Interest 
Charge will be imposed if the Purchase is paid for in full within the Deferred Interest Period.  If you pay the Account balance for the Purchase in full 
by the end of the Deferred Interest Period, you will not incur an Interest Charge for that Purchase.  If  you  do  not  pay  the  Account  balance 
for the Purchase before the end of the Deferred Interest Period, we will charge your Account, in the Billing Cycle in 
which the Deferred Interest Period expires, the Interest Charges on the Purchase which have accrued from the date of 
the Purchase transaction. Interest Charges will accrue during the Deferred Interest Period at the same rate as set forth above. 

STATEMENTS and PAYMENTS 
Statements. The Statements we send you will reflect Purchases, Interest Charges, other fees and charges, payments and credits posted to your 
Account during the Billing Cycle. The Statements will also show your Minimum Payment Due and Payment Due Date. The information contained on 
the  Statement  will  be  deemed  to  be  correct  unless  you  advise  us  of  an  error,  in  writing,  within  sixty  (60)  days  after  we  have  sent  you  the  first 
Statement  on  which  the  error  or  problem  appeared.  To  report  a possible  error,  please  follow  the  directions  set  forth  in  the  “Your  Billing Rights” 
section within this Agreement. 

Minimum  Payment  Due. You may pay your Account balance at any time without penalty. Whenever a balance is due, you must pay at least 
the required Minimum Payment Due, which we must receive on or before the Payment Due Date shown on the Statement. The Payment Due Date 
will  be  at  least  twenty-five  (25)  days  from  the  Billing  Cycle’s  Statement  Closing  Date.  The  Minimum  Payment  Due  in  any  Billing  Cycle  will  be 
determined based upon the number and amount of outstanding Purchases and the financing plan selected for each Purchase. At your election and 
depending on the amount of the Purchase, the applicable financing plan for a Purchase may equal twelve (12), twenty-four (24) or thirty-six (36) 
months. 

Crediting  Payments. Payment must be made by check or other negotiable instrument payable to us in U.S. Dollars.  Do not send cash through 
the mail.  Payment made through the mail in the form of third-party checks may not be accepted, and all checks or negotiable instruments must be 
payable 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 
payment coupon included with your Statement in the same envelope with your payment, (b) you include your Account number on your payment, and 
(c) your payment arrives at the payment address indicated on the payment coupon in our processing center by 5:00 p.m. Central Standard Time.  If 
your Payment Due Date occurs on a day on which we do not receive payments, any payment received the next day on which we receive payments 
which conforms to the above requirements will not be treated as late. Please allow at least seven (7) days for postal delivery. Payments received at 
any other location or in any other form might not be credited for up to five (5) business days. 

Irregular  Payments  with  Restrictive  Words,  Conditions  or  Instructions. We may accept late payments or partial payments or 
checks and money orders marked “payment in full” without waiving any of our rights under this Agreement. Payments should not be made by post-
dated check. If we receive payment by post-dated check, we may deposit it and shall have no liability if it is posted or collected prior to the date 
which appears on the check. 

Payment  Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, 
we may delay the availability of credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned payments. 
We may also adjust your Account balance  as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. 
When  you  send us  a  personal  check,  you  authorize us  to process  the  check  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 electronically.  We will process your payment using the Automated 
Clearing House (ACH) system.  Electronically processed checks (and checks presented electronically) are not returned to you by your bank.  We will 
retain an image of your electronically processed check as required by law.  We will provide you with a copy of your electronically processed check 
upon your request.  Please contact the Customer Service Department at the telephone number on your Statement to learn about other payment 
options 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 
Statement; however, a copy can be retrieved by contacting your financial institution. 

How  We  Apply  Your  Payments. Payments will be applied in a manner we determine in accordance with applicable law, and the application of 
payments may change from time to time.   We will apply payments in the following order:  Unpaid Interest Charges; Unpaid Fees; Other Charges; 
and Purchases. 

 
 
 
 
 
 
 
 
 
 
 
 
CONTACT US 
Unless we tell you otherwise, you can contact us regarding your Account: 

▪ by phone at  1-877-234-3907 
▪ in writing to: 

Mid America Bank & Trust Company,  
P.O. Box  89627, Sioux Falls, SD 57109-9627 

When  writing,  please  include  your  name,  address,  home  phone  number  and  Account  number.    You  must  contact  us  within  fifteen  (15)  days  of 
changing your e-mail address, mailing address or phone number.  

OTHER IMPORTANT TERMS AND INFORMATION 
Cancellation/Terminating  Credit.    You may cancel your Account at any time by writing to us at the address set forth in the CONTACT  US 
section.  In the event of cancellation or termination of your Account, you will remain responsible for any amount you owe us under this Agreement.  
Your Account may be automatically cancelled if you fail to abide by the repayment terms of this Agreement.   We can terminate your Account at any 
time and for any reason without advance notice.  If we do, we will notify you in writing after the termination.  If your Account is terminated, by you or 
by us, you will remain liable for any balance due on the Account, and any Interest Charges, fees or other charges will continue to be imposed at the 
rates specified in this Agreement until all sums you owe are paid in full.    

Default. You will be in default of this Agreement if any of the following occur: (a) you do not make a Minimum Payment Due on your Account on or 
before the Payment Due Date, you incur charges for Purchases which exceed your maximum authorized Credit Limit, or you otherwise fail to comply 
with the terms of this Agreement; (b) you become insolvent or file bankruptcy; (c) you provide us with or have provided us with false or misleading 
information or signatures at any time; (d) any judgment, attachment or execution is issued against you or your property; (e) you die or become legally 
incompetent; or (f) we reasonably deem our prospect of repayment to be materially impaired. Whether or not you are in default, we may immediately 
terminate  this  Agreement  without  first  giving  notice  to  you.    You  agree  to  pay  us  all  amounts  due  in  accordance  with  this  Agreement  including 
Interest Charges and other fees and charges as provided in this Agreement until all sums you owe are paid in full.  If your Account is in default, we 
have all rights and remedies provided by law including demanding immediate payment in full of your Account, initiating collection activity, and using 
any legal means we deem necessary.  If we waive a default, we do not waive the right to declare the same or another event occurring later as a 
default of your Account.  If we start collection proceedings to recover amounts you owe us under this Agreement, you agree to pay all of our costs, 
expenses, and attorney’s fees except to the extent the payment by you of such costs, expenses, or fees is prohibited by law. 

Security  Interests.    You acknowledge and agree that by using your Account to make Purchases, you grant us a purchase money security 
interest in the goods purchased under your Account.   

No  Responsibility.  We will not be responsible for merchandise or services purchased through the use of your Account.  We have no liability to 
you other than as placed on us by law.  We will meet our duty to care for your Account if we comply with reasonable banking procedures.  Our mere 
clerical error or honest mistake will not be considered a failure to perform any of our obligations. 

Severability. If any provision of this Agreement is invalid or unenforceable under any law, rule or regulations, such provision shall be considered 
changed to the extent necessary to comply with the law. The validity or enforceability of any other provision of this Agreement shall not be affected. 

Binding  Effect.  Any Purchase made on your Account and occurring before we receive actual written notice of your default or incompetency will 
be a valid and binding Account obligation upon you, your estate and your personal representative. 

Notice.  Any notices we send you will be considered effective when it is delivered personally to you or mailed, postage prepaid, to the last address 
we have for you in our records. Notice from you will be considered effective when we receive it at the address shown on your Statement or at  
P.O. Box 89627, Sioux Falls, SD 57109-9627. 

Our  Communication  with  you. We may monitor and/or record telephone calls regarding your Account to verify information and assure the 
quality of our service. If you provide a telephone number to us, you authorize us and any other servicer of your Account to contact you about your 
Account at any contact number or other means of communication you provide, including communications to a cell phone and communications using 
an automatic telephone dialing system or an artificial or prerecorded message. 

Our  Privacy  Policy.    You will receive a copy of our privacy policy when you open your Account.  Please read it carefully.  It summarizes the 
personal information we collect, how we safeguard its confidentiality and security, when it may be shared with others and how you can limit our 
sharing of this information.   

Monitoring  and Reporting  to  Credit  Reporting  Agencies. You authorize us to check your credit history at any time to determine your 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
eligibility  or  continued  eligibility  for  the  Account or  any  renewal or  future  extension  of  credit.    You authorize  your employer,  bank and any other 
references listed to release and/or verify information to us and our affiliates in order to determine your eligibility for the Account and any renewal or 
future extension of credit.   

We may report to credit reporting agencies. Late payments, missed payments or other defaults on your Account may be reflected on your credit 
report.  If you believe that information we reported is inaccurate or incomplete please write us.  Include your name, address, home phone number 
and Account number.   

Governing  Law. This Agreement will be governed by the law of the State of Missouri and federal law to the extent it applies.  If there is any 
conflict between any of the terms and conditions of this Agreement and applicable law, this Agreement will be considered changed to the extent 
necessary to comply with the law.  The other provisions of this Agreement shall not be affected. 

Assignment.  We may sell, assign or transfer your Account or any portion of it without notice to you.  You may not sell, assign or transfer your 
Account.  

Entire  Agreement.  This  Agreement  is  a  final  expression  of  the  agreement  between  Mid  America  Bank  &  Trust  Company  and  you.    The 
Agreement may not be contradicted by evidence of any alleged oral agreement.  

ARBITRATION AND LITIGATION 
PLEASE  READ  THIS  PROVISION  CAREFULLY.    IT  PROVIDES  THAT  UNLESS  YOU  ELECT  TO  OPT-OUT  IN  THE  MANNER  DESCRIBED 
BELOW,  ALL  DISPUTES  ARISING  OUT  OF  OR  CONNECTED  TO  THIS  AGREEMENT  SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION, 
PROVIDED THAT EITHER YOU OR WE MAY BRING A CLAIM IN SMALL CLAIMS COURT.  ARBITRATION REPLACES THE RIGHT TO GO TO 
COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION 
RULES),  AND  TO  PARTICIPATE  IN  A  CLASS  ACTION  OR  SIMILAR  PROCEEDING.    IN  ARBITRATION,  A  DISPUTE  IS  RESOLVED  BY  AN 
ARBITRATOR  INSTEAD  OF  A  JUDGE  OR  JURY.    ARBITRATION  PROCEDURES  ARE  SIMPLER  AND  MORE  LIMITED  THAN  COURT 
PROCEDURES.  YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE 
PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.   

Parties  and  Matters  Subject  to  Arbitration.    “Arbitration” is a means of having an independent third party resolve a Claim. A “Claim” is any 
dispute or controversy of any kind between you and us.  The term Claim is to be given its broadest possible meaning and includes, without limitation, 
all claims or demands (whether past, present or future, including events that occurred prior to the opening of this Account), based on any legal or 
equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief or declaratory relief). A Claim 
includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common 
law, and any issue concerning the validity, enforceability or scope of  this Agreement or Arbitration Provision. For purposes of this Provision, the 
terms “you” and “your” include any person authorized to use the Account and also includes your heirs, guardian, personal representative or trustee in 
bankruptcy.  The  terms  “we,”  “our,”  and  “us”  include  our  employees,  officers,  directors,  members,  managers,  attorneys,  affiliated  companies, 
predecessors and assigns, as well as our marketing, servicing and collection representatives and agents.  

Agreement  to  Arbitrate.  Any Claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved and settled exclusively 
and finally by binding arbitration, in accordance with this Provision.  Binding arbitration shall not be required, however, for collection actions by us 
relating  to  your  Account.    Furthermore,  both  you  and  we  retain  the  right  to  pursue  in  a  small  claims  court  any  Claim  that  is  within  the  court’s 
jurisdiction, provided the Claim proceeds on an individual basis.  However, only a court of law, not an arbitrator, shall determine the validity and 
effect of this Provision’s prohibition of class arbitration.  For any Claims covered by this Provision, the party who asserted a Claim in a lawsuit in 
court may elect arbitration with respect to any Claim subsequently asserted in that lawsuit by any other party.  

Choice  of  Arbitrator.  The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration:  
the American Arbitration Association or JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.).  If you claim you have a Claim 
with  us,  but  you do not  initiate an arbitration or  select  an  arbitrator,  we  may  do  so.    You may obtain  copies  of  the  current  rules  of  each  of  the 
arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: 

American Arbitration Association 
335 Madison Avenue, Floor 10 
New York, NY  10017-4605 
Website:  www.adr.org 

JAMS 
1920 Main Street, Suite 300 
Irvine, CA 92614 

 
 
 
 
 
 
 
  
 
 
Website:  www.jamsadr.com 

The  policies  and  procedures  of  the  selected  arbitration  firm  will  apply  provided  that  these  are  consistent  with  this  Provision.    To  the  extent  the 
arbitration firm’s rules or procedures are different than the terms of this Provision, the terms of this Provision will apply. 

If neither arbitration firm listed in this agreement is available to resolve the Claim, you and we may each select a local arbitrator.  The local arbitrators 
selected by you and us shall then agree upon the selection of another arbitrator who will hear and resolve the Claim.  The arbitrator selected to 
resolve the Claim must be an attorney with at least ten (10) years’ experience, retired judge, or arbitrator registered and in good standing with an 
arbitration association and arbitrate pursuant to such arbitrator’s rules applicable to consumer disputes.   Notwithstanding the foregoing, no party or 
local arbitrator may select an arbitrator who refuses to enforce an arbitration agreement containing a class-action waiver, because you and we have in 
this Provision waived any right to arbitrate a dispute on a class-action, representative-action, or consolidated basis. 

Voluntary  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 litigate any Claim in court or the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY 
WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL.  FURTHERMORE, NEITHER  YOU NOR WE MAY 
SERVE  AS  A  REPRESENTATIVE,  A  PRIVATE  ATTORNEY  GENERAL,  OR  IN  ANY  OTHER  REPRESENTATIVE  CAPACITY.    SIMILARLY, 
NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM. 

Prohibition  of  Class  Arbitration.  All Claims shall be resolved by binding arbitration on an individual basis.  Claims made and remedies 
sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-
representative)  basis.    Therefore,  the  arbitrator  has  no  authority  to  conduct  class-wide  proceedings  and  will  be  restricted  to  resolving  individual 
Claims.  UNDER THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS 
BASIS.  Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with 
any  other  Claims.    YOU  AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY  WAIVING  ANY  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRAION UNDER THIS 
PROVISION. 

Governing  Law.  This Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration 
Act, 9 U.S.C. 1-16, as it may be amended. The arbitrator will apply applicable federal and Missouri substantive law and the terms of this Agreement.  
The arbitrator must apply the terms of this Provision, including without limitation the waiver of class-wide arbitration.  The arbitrator will make written 
findings and the arbitrator’s award may be filed with any court having jurisdiction.  The arbitration award will be supported by substantial evidence 
and must be consistent with this Agreement and applicable law or may be set aside by a court upon judicial review.  Either party may seek judicial 
review of the arbitrator’s decision according to applicable law.  

Expenses.  If you initiate the arbitration, you will be responsible for the first $50 of filing fees and other costs or fees, and we will pay the balance of 
the filing fee and any costs or fees charged by the arbitrator above the first $50.  If you cannot afford to pay the first $50, we may pay this in our 
discretion.    If  we  initiate  the  arbitration, we will  pay  the  filing  fee  and  any  costs  or  fees  charged  by  the  arbitrator.  Unless  prohibited by  law,  the 
arbitrator may award fees, costs and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.  

Location  of  Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the same city as the United States 
District Court closest to your then current mailing address. 

Small  Claims  Court. All parties, including related third parties, shall retain the right to seek adjudication in a small claims court for Claims within 
the scope of such court’s jurisdiction. Any Claim, which cannot be adjudicated within the jurisdiction of a small claims court, shall be resolved by 
binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration de novo (i.e. upon a fresh review of 
the facts). 

Binding  Effect  and  Survival.  You and we agree that, except as specifically provided for above, the arbitrator’s decision will be final and 
binding on all parties subject to this Provision.  This Provision is binding upon you, us, and the heirs, successors, assigns, and related third parties of 
you  and  us.    This  Provision  shall  survive  (i)  termination  or  changes  in  this  Agreement,  the  Account,  or  the  relationship  between  you  and  us 
concerning the Account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed on your 
Account, to any other person or entity.  

Severability.  If any portion of this Provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, such a finding 
shall  not  invalidate  any  remaining  portion  of  this  Provision,  the Agreement,  or  any  other agreement  entered  into by  you  with  us.    However,  the 
prohibition  on  class  arbitration  is  not  severable  from  the  remainder  of  this  Provision.    In  the  event  that  a  court  deems  the  prohibition  on  class 
arbitration  to  be  invalid and  unenforceable,  any  subsequent  class  action  or  representative  proceeding  shall  be  in  a  court of  law  and  will  not  be 
subject to binding arbitration. 

 
 
 
 
 
 
 
 
 
 
Right  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  writing  at  the  following  address  within  30  days  of  receiving  this  Agreement:    Mid  America  Bank  &  Trust  Company,  P.O.  Box  89627  
Sioux Falls, SD 57109-9627.    Clearly print or type your name and Account number and state that you reject 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 with other correspondence to us.  We 
must receive your letter at the above address within 30 days after the date this Agreement was provided to you or your rejection of arbitration will not 
be effective. 

YOUR BILLING RIGHTS - KEEP THIS DOCUMENT FOR FUTURE USE 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.   
What To Do If You Find A Mistake On Your Statement: If you think there is an error on your statement, write to us at: 

Mid America Bank & Trust Company  
P.O. Box  89627  
Sioux Falls, SD 57109-9627 

In your letter, give us the following information: 

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

You must contact us:   

Within 60 days after the error appeared on your Statement.  
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.    

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

What Will Happen After We Receive Your Letter: When we receive your letter, we must do two things:  

Within 30 days of receiving your letter, we must tell you that we received your letter.  We will also tell you if we have already corrected the 

error.  

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

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

We cannot try to collect the amount in question, or report you as delinquent on that amount.  
The charge in question may remain on your Statement, and we may continue to charge you interest on that amount.  
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.  
We can apply any unpaid amount against your credit limit.  

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

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

If you receive our explanation but still believe your bill is wrong, you must write to us within 10  days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we 
reported you as delinquent, and we must let those organizations know when the matter has been settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if your bill is correct.   

Your Rights If You Are Dissatisfied With Your Account Purchases:  
If you are dissatisfied with the goods or services that you have purchased with your Account, and you have tried in good faith to correct the problem 
with the merchant, you may have the right not to pay the remaining amount due on the Purchase. 

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

The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must 
have been more than $50.00. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, 
or if we own the company that sold you the goods or services.) 

You must have used your Account for the Purchase. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
You must not yet have fully paid for the Purchase.  

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

Mid America Bank & Trust Company  
P.O. Box 89627 
Sioux Falls, SD 57109-9627 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. 
At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 

STATE DISCLOSURES 

California  Residents:  A married applicant may apply for a separate Account. As required by law, you are hereby notified that a negative credit 
reporting reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. 
After credit approval, each applicant shall have the right to use the Account up to the Credit Limit of the Account. Each applicant may be liable for 
amounts extended under the plan to any joint applicant. 

Delaware  Residents:  Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to 
month. 

Kentucky Residents: You may pay the unpaid balance of your Account in whole or in part at any time. 

Maine Residents: Credit insurance provided herein is voluntary and you have the right to cancel such credit insurance at any time. 

New  York  and  Vermont  Residents:  Mid America Bank & Trust Company may obtain a consumer report for any legitimate purpose in 
connection with your Account or your application, including but not limited to reviewing, modifying, renewing and collecting on your Account. Upon 
your request, we (Mid America Bank & Trust Company) will inform you of the names and addresses of any Consumer Reporting Agencies that have 
furnished the reports. New York residents may contact the New York State Banking Department (1-800-518-8866) to obtain a comparative list of 
credit card rates, fees and grace periods. 

Ohio  Residents:  The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and 
that Consumer Reporting Agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers 
compliance with this law. 
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital 
property will adversely affect a creditor’s interests unless prior to the time credit is granted, the creditor is furnished with a copy of the agreement, 
statement, or court order, or has actual knowledge of that provision.