Fred Meyer Jewelers® Gold Preferred 
Account Agreement

F03-M676-6 -0114

Dear Accountholder: 
This  Account  Agreement,  along  with  your  Application,  Account
Opening Disclosures and the written materials containing the terms of
our agreement with you described in the next paragraph (collectively,
the “Agreement”), is your contract concerning the use of your Account.
The  Agreement  contains  certain  disclosures  required  by  the  Federal
Truth  in  Lending  Act,  along  with  important  information  about  your
Account. We encourage you to read all of the Agreement and keep it for
your  records.  Please  feel  free  to  call  us  with  any  questions  you  may
have. We look forward to serving you.

ACCOUNT AGREEMENT

This  Agreement  contains  the  terms  that  govern  the  use  of  your  Fred  Meyer  Jewelers  Gold
Preferred Account and outlines both your responsibilities and ours. Please read it in its entirety
and keep it for your reference. In addition, any written application, acceptance certificate or
other request you signed or otherwise submitted for this Account (the “Application”), and your
signature (including any electronic or digital signature) on any Application, sales slip or other
evidence of indebtedness on your Account, are hereby incorporated into and made a part of
this Agreement. This Agreement begins on the earlier of (i) the date you sign or otherwise
submit an Application that is approved by us, or (ii) the first date that we extend credit to you
on your Account, as evidenced by a signed sales slip or other evidence of indebtedness. 

Definitions 
To simplify this Agreement for you, the definitions listed below will apply throughout, both in
this Agreement and in your monthly statements. In addition, the words you, your, and yours
refer  to  the  Accountholder(s)  who  holds  the  Account  Number  and  is  responsible  for  the
Account, each of whom is individually and jointly obligated under this Agreement. The words
we, us, and our refer to Mid America Bank & Trust Company, Dixon, Missouri. 
Account:  The  Fred  Meyer  Jewelers  Gold  Preferred  Account  for  which  you  were  issued  an
Account Number and that is subject to all of the terms and conditions of this Agreement. 
Account Number: The Account Number issued by us that you may use to make Purchases
from Retailer. Use of your Account Number to obtain credit will be considered a use of the
Account. 
Accountholder: The person to whom an Account Number is issued, or who has agreed to pay
obligations arising from an Account Number issued to another person. 
Billing  Cycle:  The  time  interval  covered  by  a  monthly  statement.  Each  Billing  Cycle  is
approximately 30 days in length. 
Card:  Any  Fred  Meyer  Jewelers  branded  Card  issued  by  us  that  you  may  use  to  purchase
goods or services from Retailer. Use of your Card to obtain credit will be considered use of
the Account. 
Closing Date: The date of the last day of a Billing Cycle. 
Credit Limit: The maximum amount of credit available to you on your Account. Your Account
Credit Limit will be disclosed to you on the monthly statements. 
New Balance: The total outstanding Account balance on the Closing Date specified in your
monthly statement. 
Previous Balance: The balance of your Account at the beginning of a Billing Cycle. This will be
the same as the “New Balance” shown on the previous monthly statement. 
Purchase:  An  extension  of  credit  to  your  Account  for  the  purpose  of  purchasing  goods  or
services from Retailer. 
Purchase Balance: The total outstanding balance of Purchases and interest charges, excluding
amounts included in the Regular Balance. 
Regular  Balance:  The  total  outstanding  balance  of  all  amounts  other  than  Purchases  and
interest  charges,  but  includes  interest  charge  amounts  that  would  have  accrued  during  a
deferred interest promotion period and are added to the Account because a deferred interest
promotion balance was not paid in full when the deferred interest promotion period ended, and
any subsequent interest charges accrued on such amounts. 
Retailer: Participating Fred Meyer Jewelers and Littman Jewelers retail stores located in the
U.S. 

USING YOUR ACCOUNT 

Purchases
You may use your Account to purchase goods and services from Retailer. You promise to pay
us and are liable for all amounts resulting from the authorized use of your Account Number or
Account, plus any applicable interest charges and other applicable charges or fees, payable in
U.S. dollars.

Your Credit Limit
You may not use your Account in any way that would cause you to go over your Credit Limit.
We may refuse to authorize or accept any transaction on your Account that would cause you
to exceed your Credit Limit or if your Account is delinquent. We may temporarily agree to allow
you to exceed your Credit Limit; however, in that case, you must repay the excess amount
according to the terms of this Agreement. Any transactions honored in excess of your Credit
Limit will not result in an increase of your Credit Limit.

When you provide a check as payment, you authorize us either to use information from your
check  to  make  a  one-time  electronic  fund  transfer  from  your  Account  or  to  process  the
payment  as  a  check  transaction.  When  we  use  information  from  your  check  to  make  an
electronic fund transfer, funds may be withdrawn from your Account as soon as the same day
we  receive  your  payment  and  you  will  not  receive  your  check  back  from  your  financial
institution. 
At any time, you may pay part or all of the full amount you owe without incurring any additional
charge for prepayment. The amount of any payment that exceeds your total New Balance will
be applied as a credit to your Account, and any remaining credit balance will be refunded as
required by law. 
Credit availability may be delayed at our sole discretion to ensure payment in good funds, and
your total Credit Line may not reflect your payments for up to 14 days. 

Application of Payments
For each Billing Cycle, payments up to the amount of your monthly minimum payment due will
be  allocated  to  charges  and  principal  due  (including  new  transactions)  in  any  way  we
determine.  We  will  generally  apply  payments  up  to  the  amount  of  your  monthly  minimum
payment due in a manner most favorable or convenient for us. 
For  each  Billing  Cycle,  to  the  extent  your  payments  exceed  the  amount  of  your  monthly
minimum payment, we will apply these excess amounts in the order required by applicable
law. However, during the last two Billing Cycles in which a deferred interest promotion balance
that  is  still  subject  to  a  promotion  period  remains  outstanding,  we  will  apply  these  excess
amounts to the deferred interest promotion balance. 

Security Interest
If we now, or in the future, hold any title, pledge or security interest in any of your property
other than your principal residence, it may be that the terms of the instrument creating such
title, pledge or security interest will also secure your obligations on this Account. 

DEFERRED INTEREST PROMOTIONS

Periodically,  we  may  offer  deferred  interest  promotions  on  qualifying  new  Purchase
transactions (“deferred interest promotion balances”). Details of the terms applicable to the
deferred interest promotions will be provided with the offer. Deferred interest promotions will
be governed by such terms and this Agreement. 
The terms of a deferred interest promotion will apply for a limited period of time (“promotion
period”). During a promotion period, interest charges will not accrue on the deferred interest
promotion balance if such balance is paid in full by the end of the promotion period. 
The terms of a deferred interest promotion will end when one or more of the following events
occurs: 

1. the promotion period expires; 
2. your Account becomes more than 180 days past due; or 
3. your Account is charged off for any reason. 

When  the  terms  of  the  deferred  interest  promotion  end,  if  the  deferred  interest  promotion
balance is not paid in full, we will add an interest charge amount equal to the interest charges
that would have accrued if no deferred interest promotion was in effect on the deferred interest
promotion balance for all prior Billing Cycles. 
A monthly minimum payment will be required during any promotion period(s). The monthly
statement  we  send  to  you  each  month  will  help  you  keep  track  of  your  deferred  interest
promotion(s) and their promotion period(s). 

HOW INTEREST CHARGES ARE DETERMINED

Your Interest Rate
We use a Daily Periodic Rate to calculate the interest on your Account. The Daily Periodic Rate
is the applicable Annual Percentage Rate multiplied by 1/365. The Daily Periodic Rate for your
Account is 0.0794% and the applicable Annual Percentage Rate is 28.99%. 

When We Charge Interest
We charge interest on your Purchases from the date you make the Purchase until you pay the
Purchase in full. 

How We Calculate Interest
We calculate interest separately for each balance segment on your Account. We do this by
applying the Daily Periodic Rate to your average daily balance (including new Purchases), and
then  multiplying  the  resulting  number  by  the  number  of  days  in  the  billing  cycle  for  each
balance segment. An average daily balance is calculated for the following balance segments
as  applicable:  purchase  balance  segments  and  the  regular  balance  segment.  We  calculate
interest for each balance segment as follows: 

1. To get the average daily balance, we take the beginning balance of the balance segment
in each billing cycle, add any new purchases, debits, and subtract the applicable portion
of  any  payments  and  credits.  This  gives  us  the  daily  balance.  Credit  protection
premiums, late fees and returned payment fees are not included in the daily balance. 
2. Then, we add all the daily balances for the billing cycle together and divide the total by

the number of days in the billing cycle. This gives us the average daily balance. 

3. Then, we multiply the daily periodic rate by the average daily balance. 
4. Then, we take the resulting number from #3 and multiply it by the number of days in

the billing cycle. This gives us the interest charge for the balance segment. 

MAKING PAYMENTS

OTHER FEES

Monthly Statements 
We will send a statement at the end of each monthly Billing Cycle if there is a debit or credit
balance  on  your  Account  of  $1  or  more,  a  balance  on  which  an  interest  charge  has  been
imposed  or  as  otherwise  required  by  applicable  law.  You  agree  to  pay  us,  or  any  party  to
whom we may transfer and assign your Account or the amounts owing under your Account,
in U.S. dollars according to all terms and conditions of this Agreement. Payments made by a
check, money order or other negotiable instrument must be in a form acceptable to us and
drawn on a U.S. financial institution. 

Monthly Minimum Payment 
Each Purchase transaction will have a fixed monthly payment amount based on the
following schedule: 

Purchase Transaction Amount

Fixed Monthly Payment Amount 

Up to $500

$500.01 to $1000

$1000.01 to $1500

$1500.01 to $2000

$2000.01 to $2500

$2500.01 to $3000

$3000.01 to $3500

$3500.01 to $4000

$4000.01 to $4500

$4500.01 to $5000

$25

$50

$75

$100

$125

$150

$175

$200

$225

$250

In addition to interest charges, other fees may be applied to your Account, as set forth below.
The amounts of these fees may change from time to time during the term of your Account. 

Late Payment Fee 
If we do not receive your monthly minimum payment due by the Closing Date of the Billing
Cycle in which the Payment Due Date occurs and the amount past due on your Account is
more than $5, we will apply a Late Payment Fee to your Account. The Late Payment Fee is
$25 if you were not charged a Late Payment Fee during any of the prior six billing periods.
Otherwise, the Late Payment Fee is $35. The Late Payment Fee will never exceed the amount
of your most recently required monthly minimum payment. 

Returned Payment Fee 
If  any  payment  on  your  Account  is  returned  to  us  unpaid  for  any  reason,  we  will  apply  a
Returned Payment Fee to your Account. The Returned Payment Fee is $25 if you were not
charged  a Returned Payment Fee during  any of the  prior six billing  periods. Otherwise, the
Returned  Payment  Fee  is  $35.  The  Returned  Payment  Fee  will  never  exceed  the  monthly
minimum payment. 

Documentation Fee 
You may request a copy of a monthly statement previously sent to you for a Documentation
Fee of $3 per statement, which will be applied to your Account. Copies of sales tickets or other
items posted to your Account may be obtained for a Documentation Fee of $10 per sales ticket
or other item, which will be applied to your Account. Notwithstanding the foregoing, we will
not impose any fee in connection with a good faith assertion of a billing error or other exercise
of your Billing Rights (see below under “Your Billing Rights - Keep This Notice for Future Use”). 

LOST ACCOUNT NUMBER AND UNAUTHORIZED USE

If your Account Number is lost or stolen or used without your consent, you may be liable for
the  unauthorized  use  of  your  Account,  but  you  will  not  be  liable  for  unauthorized  use  that
occurs after you notify us orally or in writing of the loss, theft or possible unauthorized use at:
Bankcard  Services,  P.O.  Box  4477,  Beaverton,  OR  97076-4477,  1-888-260-4532.  In  any
case, your liability will not exceed $50. 

Your monthly minimum payment due will be the greater of: 

OUR RIGHTS, AND HOW THEY AFFECT YOU

1. $25; or 
2. the sum of: 
i.

the  sum  of  the  fixed  monthly  payment  amounts  applicable  to  each  of  your
Purchase transactions, and 
ii. 5% of your Regular Balance. 

Your monthly minimum payment due also will include any past due amount or any amount by
which the New Balance exceeded your Credit Line, whichever of these two is greater. Your
monthly minimum payment due will never exceed your New Balance. 
If you elect not to pay your New Balance in full, you must pay at least the monthly minimum
payment due by the payment due date shown on your monthly statement, which is at least 25
days after the Closing Date of the Billing Cycle. 
Payments  should  be  mailed  with  the  payment  coupon  and  in  the  envelope  provided  and
following  the  other  instructions  on  the  monthly  statement  to  Bankcard  Services,  P.O.  Box
84049,  Columbus,  Georgia  31908-4049.  Any  payment  received  in  that  form  and  at  that
address on or before 5:00 P.M. Eastern Time on a normal banking day will be credited to your
Account that day. If your payment is received in that form and at that address after 5:00 P.M.
Eastern Time on a normal banking day, or any time on a non-banking day, we will credit it to
your Account the next banking day. Please allow at least seven (7) business days for postal
delivery.  Payments  received  by  us  at  any  other  location  or  in  any  other  form  may  not  be
credited as of the day we receive them. If we accept a payment at some other place, we may
delay the crediting of the payment for up to five (5) days. This may cause you to incur Late
Payment Fees and additional interest charges, and may result in your Account being declared
in default. 

Telephone Monitoring and Recording 
You consent and agree that, from time to time, except as restricted by applicable law, we may
monitor  or  record  telephone  calls  regarding  your  Account,  suppress  caller  identification
services  and  use  an  automated  dialing  and  announcing  system.  If  you  provide  us  with  a
cellular phone number either as part of your Application, or at any time thereafter, including,
without limitation, after your Account is in a default status, you are expressly consenting that
we and our agents may (i) contact you at that number including by text message, and (ii) use
automated  telephone  dialing  systems  to  initiate  such  contacts  and/or  leave  recorded
messages. 
We or our representatives may contact you from time to time regarding the Account, or to ask
for additional information about you or your experience with us. You agree that such contacts
are not unsolicited and may include contacts at your home or place of employment, during
weekdays, weekends or holidays, on your mobile telephone, voicemail or answering machine,
or by email, fax, recorded message, text message or personal visit. 

Email 
If you provide us at any time with an email contact for your Account, you agree we may use
that email address to contact you about your Account and may send you information about
products and services related to your Account. If, at any time, you would like to limit the types
of communications you receive from us by email, please contact us at Bankcard Services, P.O.
Box 4477, Beaverton, OR 97076-4477, 1-866-946-9575, or, if you receive an email from us,
you can select the “unsubscribe” link that is located in every email. 

. . . CONTINUED ON REVERSE

No Waiver of Rights; Disputed Amounts 
We  can  accept  late  or  partial  payments  without  losing  any  of  our  rights  under  this
Agreement.  You  agree  not  to  send  us  partial  payments  marked  “paid  in  full,”  “without
recourse,”  or  similar  language.  If  you  send  such  a  payment,  we  may  accept  it  without
losing  any  of  our  rights  under  this  Agreement.  All  written  communications  concerning
disputed amounts, including any check or other payment instrument that indicated that the
payment constitutes “payment in full” of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount, must be mailed or
delivered to Bankcard Services, P.O. Box 4499, Beaverton, OR 97076-4499.

Credit Reports and Information 
You authorize us to make or have made any credit, employment, or other investigative inquiries
we deem appropriate to extend you credit or collect amounts owed to us on your Account. We
(including any assignee of the Account or amounts owing under the Account) may also obtain
information about you from credit reporting agencies or others at any time and use it for the
purposes of monitoring your credit performance, managing your Account and considering you
for new offers and programs. 

Notice of Inaccurate Information 
If you believe that we have information about you that is inaccurate or that we have reported
or may report to a credit reporting agency information about you that is inaccurate, please
notify us of the specific information that you believe is inaccurate by writing to us at Bankcard
Services, P.O. Box 4499, Beaverton, OR 97076-4499. 

Default and Collection
Unless prohibited by applicable law, your Account is considered to be in default if (1) you fail
to  make  the  required  monthly  minimum  payment  due  on  or  before  its  payment  due  date,
including  if  your  payment  is  returned  or  cannot  be  processed  and  you  do  not  correct  that
failure within 31 days, (2) you try to exceed or do exceed your Credit Line without permission
and do not bring your Account back under your Credit Line within 31 days, (3) you become
subject to bankruptcy or insolvency proceedings, (4) you become subject to attachment or
garnishment proceedings, (5) you give us any false information or signature, (6) you die, or
(7)  you  fail  to  comply  with  any  portion  of  this  Agreement.  Our  accepting  a  late  or  partial
payment does not waive default. Default on this Account will constitute default on all accounts
you hold with us. 
Subject to any notice of default and right to cure or other restrictions of applicable law, if you
are  in  default,  we  may  declare  the  entire  balance  due  immediately.  You  agree  to  pay  our
reasonable costs and attorneys’ fees and expenses related to the collection of your Account
to the extent permitted by applicable laws. 

Change of Terms 
Subject to the limitations of applicable law, we may, at any time, change or remove any of
the terms and conditions of, or add new terms or conditions to, this Agreement. If required
by  applicable  law,  we  will  mail  written  notice  of  such  a  change  to  you  in  the  manner
required by such law. As of the effective date, the changed or new terms will apply to new
Purchases and to the outstanding balance of your Account, subject to the limitations of
applicable law.

Delay in Enforcement 
We can delay enforcing our rights under this Agreement without losing them. 

OTHER PROVISIONS

Ownership and Use of Your Account 
As  the  Accountholder(s),  you  are  liable  for  all  credit  obtained  under  your  Account.  If  you
authorize another person to use your Account Number, you are liable for any credit obtained
on your Account for as long as that person holds or uses the Account Number. Misuse of your
Account by an authorized person will not be considered unauthorized use. See “Lost Account
Numbers and Unauthorized Use” above. 

Transactions 
You  will  retain  for  statement  verification  purposes  your  copy  of  each  Purchase  transaction
receipt from Retailer. 

Refunds for Goods and Services 
Refunds for goods and services are governed by Retailer. Any refunds for goods or services
purchased from Retailer through an extension of credit on your Account will be issued as a
credit adjustment to your Account. When we are notified by Retailer of any refund amount, we
will subtract an amount equal to the refund amount from your Account. However, the fixed
monthly payment amount attributable to the related Purchase transaction amount will continue
to  be  included  in  your  monthly  minimum  payment.  If  a  refund  amount  results  in  a  credit
balance on your Account, we will refund your credit balance. 

Transfer and Termination of Your Account 
You  may  not  transfer  your  Account  to  any  other  person.  We  may  assign  your  Account  or
amounts owing under your Account to any other person at any time and the assignee will take
our place under the Agreement with respect to all agreements and interests transferred. You
must  pay  the  assignee  and  otherwise  perform  your  obligations  under  the  assigned
agreements and interests. Either you or we may terminate or suspend your credit privileges at
any time, with or without cause and with or without advance notice. However, you will remain
liable for all charges until they are paid in full. You may cancel your Account at any time by
writing to us at Bankcard Services, P.O. Box 4477, Beaverton, OR 97076-4477. If you have a
joint Account and want to remove one of the names from the Account, we must receive a
written request signed by both of the Accountholders on the Account. No party is released
from  the  obligation  for  the  balance  owing  on  a  joint  Account,  unless  we  agree  to  the
arrangements in writing. You may have to re-apply for an individual Account when you request
a change from a joint Account to an individual Account. 

Additional Benefits and Services 
From time to time, we may offer you benefits and services with your Account. These benefits
and services may be provided by us or third parties. Unless expressly made a part of this
Agreement,  and  except  as  provided  in  the  Arbitration  of  Disputes  section  below,  any  such
benefits and services are not a part of this Agreement, and are subject only to the terms and
conditions outlined in the benefits or services brochure and other official documents provided
to you with respect to the benefits and services. We may adjust, add, or delete benefits or
services at any time in accordance with the brochures or documents you receive. Except as
required by applicable law, we are not liable for benefits or services provided by third parties
or the actions or omissions of those third parties. 

Honoring Your Account 
We are not liable for the failure or refusal of Retailer to accept your Account Number. Although
you may have credit available, we will not be liable for the failure to authorize credit due to
operational  difficulties  or  mistakes.  Transactions  made  above  a  certain  dollar  amount  may
require authorization by us before the transaction can be approved. In addition, we may limit
the number and amount of daily transactions approved for security reasons. 

Change of Address, Employment and Telephone 
We will send all written notices and statements to your address as it appears on our records.
To  avoid  delays  and  missed  payments  that  could  affect  your  credit  standing,  you  agree  to
promptly advise us if you change your mailing address, place of employment, or telephone
number. 

Severability 
In the event that any provision of this Agreement is determined to be invalid or unenforceable
for any reason, the remaining provisions will remain in effect. 

Entire Agreement; Interpretation 
This Agreement (including the other documents incorporated herein by reference as discussed
above) constitutes the final expression of the credit agreement between you and us relating to
your Account. The headings used in this Agreement are for the convenience of reference only
and are not intended to define or describe the scope or intent of any portion of the Agreement. 

Governing Law 
This Agreement is controlled and governed by the laws of the State of Missouri, including
Missouri  Revised  Statutes  (Chapter  408  Legal  Tender  and  Interest)  Section  408.145,
except to the extent that such laws are inconsistent with controlling federal laws. 

Arbitration of Disputes
PLEASE  READ  THIS  ARBITRATION  OF  DISPUTES  PROVISION  CAREFULLY.  UNLESS  YOU
SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO
YOUR  ACCOUNT,  AND  MOST  DISPUTES  BETWEEN  YOU  AND  US  WILL  BE  SUBJECT  TO
INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL
RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS
ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4)
APPEAL  RIGHTS  WILL  BE  LIMITED.  This  provision  replaces  any  existing  arbitration
provision with us and will stay in force no matter what happens to your Account, including
the closing of your Account. 
Except as expressly provided below, you and we must arbitrate individually, by binding
arbitration under the Federal Arbitration Act (“FAA”), any dispute or claim between you,
any joint Accountholder and/or Authorized User, on the one hand, and us, our affiliates and
agents,  on  the  other  hand,  if  the  dispute  or  claim  arises  out  of  or  is  related  to  (a)  this
Agreement (including without limitation, any dispute over the validity of this Agreement to
arbitrate disputes or of this entire Agreement), or (b) your Account, or (c) any relationship
resulting  from  this  Agreement,  or  (d)  any  insurance  or  other  service  related  to  your
Account, or (e) any other agreement related to your Account (including prior agreements)
or any such service, or (f) breach of this Agreement or any other such agreement, whether
based on statute, contract, tort or any other legal theory (any “Claim”). However, we will

not require you to arbitrate: (1) any individual Claims in small claims court or your state’s
equivalent court, so long as it remains an individual case in that court; or (2) any Claim
by us that only involves our effort to collect money you owe us. However, if you respond
to a collection lawsuit by claiming that we engaged in wrongdoing, we may require you to
arbitrate. 
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING
CLAIMS  AGAINST  US  ON  BEHALF  OF  ANY  ACCOUNTHOLDER  WHO  IS  NOT  A  JOINT
ACCOUNTHOLDER  WITH  YOU  OR  AN  AUTHORIZED  USER  ON  YOUR  ACCOUNT  (AN
“UNRELATED  ACCOUNTHOLDER”),  AND  YOU  AGREE  THAT  NO  UNRELATED
ACCOUNTHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY
YOU  AND  AN  UNRELATED  ACCOUNTHOLDER  MAY  NOT  BE  JOINED  IN  A  SINGLE
ARBITRATION. THE ARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS,
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY SUCH CLAIMS YOU
BRING ON BEHALF OF AN UNRELATED ACCOUNTHOLDER.
Judgment  on  the  arbitration  award  may  be  entered  in  any  court  having  jurisdiction.  Any
dispute regarding whether a particular controversy is subject to arbitration will be decided by
the arbitrator(s). If any part of the damages or other relief requested is not expressly stated as
a  dollar  amount,  the  controversy  will  be  a  Claim  that  is  subject  to  arbitration.  You  and  we
acknowledge  and  agree  that  the  transactions  contemplated  by  this  Agreement,  and  any
controversy that may arise under or relate to this Agreement, your Account, or the services or
other agreements described above, involve “commerce” as that term is defined and used in
the FAA. 
If you or we elect to arbitrate a claim, the electing party must notify the other party in writing.
The notice can be given after the beginning of a lawsuit and can be given in papers filed in the
lawsuit. Otherwise, your notice must be sent to Bankcard Services, Attn: Arbitration Demand,
P.O.  Box  4477,  Beaverton,  Oregon  97076-4477,  and  our  notice  must  be  sent  to  the  most
recent  address  for  you  in  our  files.  The  arbitration  will  be  administered  by  the  American
Arbitration  Association  (the  “AAA”)  under  its  rules  in  effect  at  the  time  arbitration  is
commenced  that  are  applicable  to  the  resolution  of  consumer  disputes  (the  “Arbitration
Rules”). We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules
without  cost  if  you  ask  us  in  writing  to  do  so.  The  Arbitration  Rules  permit  you  to  request
deferral or reduction of the administrative fees of arbitration if paying them would cause you
a hardship. In addition, if you ask us in writing, we will consider your request to pay any or all
of your costs of arbitration. 
Each arbitrator shall be a licensed attorney who has been engaged in the private practice of
law continuously during the ten years immediately preceding the arbitration or a retired judge
of a court of general or appellate jurisdiction. The arbitration award shall award only such relief
as  a  court  of  competent  jurisdiction  could  properly  award  under  applicable  law,  including
attorneys’ fees if allowed by applicable law or agreement, and may award to the prevailing
party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses, and
attorney-client and other privileges that would apply in a court proceeding will apply in the
arbitration. The filing of a demand for arbitration in accordance with the Arbitration Rules will
be  deemed  the  commencement  of  an  action  for  purposes  of  any  applicable  statute  of
limitations. 
This  Agreement  does  not  limit  the  right  of  you  or  us  whether  before,  during  or  after  the
pendency  of  any  arbitration  proceeding,  to  exercise  self-help  remedies  such  as  set-off  or
repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive
or other traditionally equitable relief (other than a stay of arbitration) necessary to protect the
rights  or  property  of  the  party  seeking  relief  pending  the  arbitrator’s  determination  of  the
merits of the Claim. The taking of any of the actions described in the preceding sentence by
either party or the filing of a court action by a party shall not be deemed to be a waiver of the
right to demand arbitration of any Claim asserted as a counterclaim or the like in response to
any such action. This Agreement to arbitrate disputes will survive the closing of your Account
and the termination of your Agreement with us. 
If  any  provision  of  this  Section  regarding  arbitration  of  disputes  shall  be  deemed  to  be
unenforceable, the remainder of this Section shall be given full force and effect. However, if
the provision precluding class, representative or private attorney general Claims in arbitration
is deemed unenforceable, then this entire Arbitration Agreement shall be void and of no force
and effect.
You may reject this provision, in which case only a court may be used to resolve any dispute
or claim. Rejection will not affect any other aspect of the Account Agreement. To reject this
Provision, you must sent us a notice within 60 days after you open your Account or we first
provide you with a right to reject this Provision. This notice must include your name, address
and Account number and be mailed to Bankcard Services, Attn: Arbitration Provision, P.O. Box
4477, Beaverton, Oregon 97076-4477. This is the only way you can reject this Provision.

YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Think You Find A Mistake On Your Statement 
If you think there is an error on your statement, please write to us at: Bankcard Services, P.O.
Box 4499, Beaverton, OR 97076-4499. 
In your letter, give us the following information: 

• Account information: Your name and Account Number. 
• Dollar amount: The dollar amount of the suspected error. 
• Description of problem: If you think there is an error on your bill, describe what you

believe is wrong and why you believe it is a mistake. 

You must contact us: 

• Within 60 days after the error appeared on your statement. 
• At least three (3) business days before an automated payment is scheduled, if you want

to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not
required to investigate any potential errors, and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1. Within 30 days of receiving your letter, we must tell you that we received your letter. We

will also tell you if we have already corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or explain to you

why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

• We cannot try to collect the amount in question, or report you as delinquent on that

amount. 

• The charge in question may remain on your statement, and we may continue to charge

you interest on that amount. 

• While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the

remainder of your balance. 

• We can apply any unpaid amount against your Credit Line. 
After we finish our investigation, one of two things will happen: 

• If we made a mistake: You will not have to pay the amount in question or any interest

or other fees related to that amount. 

• If we do not believe there was a mistake: You will have to pay the amount in question,
along with applicable interest and fees. We will then send you a statement of the amount
you owe and the date payment is due. We may then report you as delinquent if you do
not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within
10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent
without also reporting that you are questioning your bill. We must tell you the name of anyone
to whom we reported you as delinquent, and we must let those organizations know when the
matter has been settled between us. 
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount
you question, even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Account Purchases 
If you are dissatisfied with the goods or services that you have purchased with your Account,
and you have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the Purchase. 
To use this right, all of the following must be true: 

1. The Purchase must have been made in your home state or within 100 miles of your
current mailing address, and the purchase price must have been more than $50. (Note:
Neither of these are necessary if your Purchase was based on an advertisement we
mailed to you, or if we own the company that sold you the goods or services.) 

2. You  must  have  used  your  Account  for  the  Purchase.  Purchases  made  with  cash
advances from an ATM or with a check that accesses your Account do not qualify. 

3. You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us
in writing at: Bankcard Services, P.O. Box 4499, Beaverton, OR 97076-4499. 
While we investigate, the same rules apply to the disputed amount as discussed above. After
we finish our investigation, we will tell you our decision. At that point, if we think you owe an
amount and you do not pay, we may report you as delinquent. 

Your Fred Meyer Jewelers Gold Preferred Account is issued by: 
Mid America Bank & Trust Company 
216 West 2nd Street 
Dixon, MO 65459

F03-M676-6 -0114