SUMMARY OF TERMS

Interest Rates and Interest Charges

Annual percentage Rate 
(APR) for Purchases

33.9%

Paying Interest

You will be charged interest from the 
transaction posting date.

Minimum Interest 
Charge

If you are charged interest, the charge 
will not be less than $0.50.

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau

To learn more about factors to 
consider when applying for or using a 
credit card, visit the website of the 
Consumer Financial Protection Bureau 
at http://www.consumerfinance.gov/
learnmore

Annual Fee

None

Penalty Fees
 Late Payment
 Returned
          Payment

Up to $38.
Up to $38.

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 The Bank of Missouri 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.

IMPORTANT INFORMATION ABOUT PROCEDURES 
FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money launder-
ing activities, Federal law requires all financial institutions to obtain, verify, and 
record information that identifies each person who opens an account. What 
this means for you: When you open an account, we will ask for your name, 
address, date of birth, and other information that will allow us to identify you. 
We will also ask to see your driver’s license or other identifying documents. 

MILITARY LENDING ACT NOTICE 
Federal law provides important protections to members of the Armed Forces 
and their dependents relating to extensions of consumer credit. In general, 
the cost of consumer credit to a member of the Armed Forces and his or 
her dependent may not exceed an annual percentage rate of 36 percent. This 
rate must include, as applicable to the credit transaction or account: The costs 
associated with credit insurance premiums; fees for ancillary products sold in 
connection with the credit transaction; any application fee charged (other than 
certain application fees for specified credit transactions or accounts); and any 
participation fee charged (other than certain participation fees for a credit 
card account). To hear this same disclosure and a general description of your 
payment obligations for this Account, please call us toll-free at: 866-875-5929.
Any provisions of this Agreement that are inconsistent with the Military Lend-
ing Act (“MLA”), 10 U.S.C. § 987, and its implementing regulations (32 C.F.R. 
Part 232) shall not apply to Covered Borrowers. The term “Covered Bor-
rower” has the meaning set forth In 32 C.F.R. § 232.3(g). In general, a Covered 
Borrower is a customer who, at the time the customer establishes an Account, 
is either (i) a member of the Armed Forces serving on active duty, or active 
Guard and Reserve duty; or (ii) a dependent of such an active duty service 
member. The MLA’s limitations on interest and fees apply to individuals while 
they are Covered Borrowers, and any interest or fees charged to Covered 
Borrowers in excess of the permitted limit shall be reduced by the amount 
necessary to satisfy that limit. If you cease to be a Covered Borrower, then 
the interest and fee limitations of the MLA will no longer apply. The Arbitra-
tion and Litigation Provision set forth in this Agreement does not apply to an 
Account opened by a Covered Borrower, even if you cease to be a Covered 
Borrower after your Account is opened. 

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 The Bank of Missouri, except as otherwise 
specifically provided in this Agreement. 
“You,” and “your” refer to the person who applied for or uses the Account.

USING YOUR ACCOUNT
Acceptance. You agree to the terms and conditions set forth in this Agree-
ment 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 Purchas-
es. 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 fourteen (14) calendar 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 some-
one is using your Account without your permission.

FEES
Late Payment Fee. If we do not receive your monthly Minimum Payment 
Due by the Statement Closing Date of the Billing Cycle in which the Pay-
ment Due Date occurs and the amount past due is more than $9.99, we 
will apply a Late Payment Fee to your Account. The Late Payment Fee is $27 
if you were not charged a Late Payment Fee during any of the prior six (6) 
Billing Cycles. Otherwise, the Late Payment Fee is $38. 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 $27 if you were not charged a Re-
turned Payment Fee during any of the prior six (6) Billing Cycles. Otherwise, 
the Returned Payment Fee is $38. The Returned Payment Fee will never 
exceed the monthly minimum payment. 

Documentation Fee. If you request a copy of a Statement previously sent 
to you, we may charge to your Account a Documentation Fee of $3 per 
Statement. We may also charge to your Account a Documentation Fee 
of $10 for each copy of a sales ticket or other item you request that has 
previously posted to your Account. We will not impose any fee in connec-
tion with a good faith assertion of a billing error or other exercise of your 
Billing Rights (see below under “Your Billing Rights - Keep This Document for 
Future Use”).

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 Purchases” 
below.

How we Calculate your Interest Charges. The Interest Charge on Pur-
chases is calculated using the average daily balance method, including new 
purchases. Under this method, the Interest Charge for a Billing Cycle is com-
puted 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, add-
ing 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 calcu-
lated by dividing the ANNUAL PERCENTAGE RATE by 12 months.  For 
purposes of this Agreement, the ANNUAL PERCENTAGE RATE (APR) is 
33.9%, which corresponds to a monthly Periodic Rate of 2.825%.

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 Purchases. From time to time, in our sole discretion, we 
may offer promotional financing that allows you to defer Interest Charges 
on any qualifying Purchase (“Deferred Interest Purchase”). Each Deferred 
Interest Purchase will accrue Interest Charges at an APR of 33.9%, but we 
will not charge those Interest Charges to your Account if the Deferred 
Interest Purchase is paid in full before the end of the Deferred Interest 
Period (as described below). Interest on the Deferred Interest Purchase 
will be charged to your Account from the date of the Deferred Interest 
Purchase if the balance of the Deferred Interest Purchase is not paid in 
full within the Deferred Interest Period or if your Account is otherwise in 
default. The Deferred Interest Period for each Deferred Interest Purchase 
will end 6 months following the Deferred Interest Purchase date. You must 
make each monthly Minimum Payment Due during the Deferred Interest 
Period. Your Statement will show your Minimum Payment Due and any 
Deferred Interest Purchase balance and the Deferred Interest Period. If 
you pay only the Minimum Payment Due each Billing Cycle, the payments 
may not be sufficient to pay the entire Deferred Interest Purchase balance 
within the Deferred Interest Period. You may have to make additional or 
increased payments during the Deferred Interest Period to pay the entire 
Deferred Interest Purchase balance and avoid having to pay all accrued 
Interest Charges. 

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 Mini-
mum 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” sec-
tion 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 the greater of: 
(i) $15; or (ii) an amount determined based upon the number and amount 
of outstanding Purchases, the repayment plan for each Purchase, plus any 
fees, past due, or overlimit amounts due on the Account. The repayment 
plan for each Purchase is identified on your receipt at the time of Purchase 
and on your Statement.  

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. Pay-
ments 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 pay-
ment coupon in our processing center by 5:00 p.m. Eastern 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 re-
turned 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 ordi-
nary 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. For each Billing Cycle, we will allocate 
payment amounts up to your Minimum Payment Due to charges and prin-
cipal due (including new transactions) in any manner we determine in ac-
cordance with applicable law, and the application of payments may change 
from time to time. For each Billing Cycle, to the extent your payments 
exceed your Minimum Payment Due, we will apply the excess amount in 
the order required by applicable law. During the last two Billing Cycles of a 
Deferred Interest Period, if you have an outstanding balance on a Deferred 
Interest Purchase, we will apply the excess amount to the balance of the 
Deferred Interest Purchase.

CONTACT US
Unless we tell you otherwise, you can contact us regarding your Account:
• by phone at 1-877-722-1741
• in writing to:

Helzberg Diamonds Private Account
P.O. Box 4477
Beaverton, OR 97076

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 Agree-
ment. 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 thirty-one (31) 
days after any of the following occur: (a) you do not make a Mini-
mum 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 
judgement, attachment or execution is issued against you or your 
property; (e) you die or become legally incompetent; or (f) we rea-
sonably 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 at-
torney’s fees except to the extent the payment by you of such costs, 
expenses, or fees is prohibited by law.

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 unen-
forceable 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 incompe-
tency 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 4477, Beaverton, OR 97076.

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 confiden-
tiality 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 as provided by MRS sec § 408.145 and federal law 
to the extent it applies.

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 The Bank of Missouri 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 PROCE-
DURES. 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. THIS ARBITRATION AND LITIGATION PROVI-
SION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS 
AGREEMENT, YOU ARE A COVERED BORROWER ENTITLED 
TO PROTECTION UNDER THE FEDERAL MILITARY LENDING 
ACT. PLEASE SEE THE SECTION OF THIS AGREEMENT LABELED 
“MILITARY LENDING ACT NOTICE.”

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, manag-
ers, 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 jurisdic-
tion, 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’ experi-
ence, 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 arbitra-
tion 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 Participa-
tion. 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 WAIV-
ING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE 
A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE 
AS AREPRESENTATIVE, 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-representa-
tive) 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 ARBI-
TRATION 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 arbitra-
tion 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 unenforce-
able 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 ac-
cordance 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: 
Helzberg Diamonds Private Account, P.O. Box 4499, Beaverton, OR 97076. 
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 tele-
phone 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 60 days after the date this Agreement was provided to you or 
your rejection of arbitration will not be effective.

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.

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:

Helzberg Diamonds Private Account
P.O. Box 4499
Beaverton, OR 97076 

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 $50.00. (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.)
(2) You must have used your Account for the Purchase.
(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 Pur-
chase, contact us in writing at:

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:

(1) Within 30 days of  receiving  your  letter,  we  must  tell  you  
that we received your letter. We will also tell you if we have 
already corrected the error.
(2) Within 90 days of receiving your letter, we must either correct  
the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent 
on that amount.
• The charge in question may remain on your Statement, and we may continue 
to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible 
for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or any 
interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount in 
question, along with applicable interest and fees. We will 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 can-
not 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.

Helzberg Diamonds Private Account
P.O. Box 4499
Beaverton, OR 97076

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: The Bank of Missouri may obtain a con-
sumer 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 (The Bank of Missouri) 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 Con-
sumer 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 agree-
ment, 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.

14-HD-0298(4/18)

Important account 
information regarding your

Helzberg Diamonds
Private Account 

®

Terms & Conditions