Genesis Credit™
Account Agreement

ZALES CAA 0912

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  Genesis  Credit 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 Genesis Credit 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 Genesis Credit 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  Line: The  maximum  amount  of  credit  available  to  you  on  your Account. Your Account 
Credit Line 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.

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.

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 Promotion Period Balance that is still subject to a 
promotion remains outstanding, we will apply these excess amounts to the Promotion Period 
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 of the offer and the Account Agreement.

A  deferred  interest  promotion  may  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 you pay such balance in full by the end of the promotion period. 

The terms of the deferred interest promotion will end when one or more of the following events 
occurs: (1) the promotion period expires, or (2) your account becomes more than 180 days past 
due, or (3) your account is charged off for any reason. All deferred interest promotion offers will 
require a monthly minimum payment. 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. 

Purchase:  An  extension  of  credit  to  your  Account  for  the  purpose  of  purchasing  goods  or 
services from Retailer.

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).

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: Any participating Zales Jewelers, both retail and outlet stores, Gordon’s Jewelers retail 
stores, and Piercing Pagoda retail stores located in the U.S.

USING YOUR ACCOUNT

Purchases
You may use your Account to purchase goods or 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 Line
You may not use your Account in any way that would cause you to go over your Credit Line. 
We may refuse to authorize or accept any transaction on your Account that would cause you to 
exceed your Credit Line or if your Account is delinquent. We may temporarily agree to allow you 
to exceed your Credit Line; 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 Line will not 
result in an increase of your Credit Line. 

MAKING PAYMENTS

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 minimum payment amount determined based on 
the following schedule: 

Purchase Transaction Amount

Fixed Minimum 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

Your monthly minimum payment due will be the greater of: 

1.  $25; or 
2.  the sum of:

i.	 the sum of the fixed minimum 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 exceeds 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 

HOW INTEREST CHARGES ARE DETERMINED

Calculating the Purchase Balance subject to Interest Charges
Your  interest  charge  for  any  Billing  Cycle  will  include  periodic  interest  charge  amounts 
computed by applying the applicable Daily Periodic Rate, determined as provided below under 
“The Purchase Balance Daily Periodic Rate and Corresponding Annual Percentage Rate (APR)”, 
to your Average Daily Balance (including new Purchases), determined as provided below under 
“Average Daily Balance (including new Purchases)”, and multiplying the resulting number by 
the number of days in the Billing Cycle. 

When Interest Charges Begin to Accrue
Interest  charges  will  be  imposed  at  the  applicable  Daily  Periodic  Rate  from  the  date  each 
Purchase transaction is posted to your Account, and will continue to accrue on unpaid balances 
as long as they remain unpaid. 

Average Daily Balance (including new Purchases)
To get the Average Daily Balance, we take the beginning Purchase Balance of your Account each 
day in the Billing Cycle, including unpaid interest charges, add any new Purchases, and subtract 
the applicable portion of any payments and credits. This gives us the daily balance. Then we 
add all these 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. 

The Purchase Balance Daily Periodic Rate and Corresponding Annual Percentage Rate 
(APR)
The Daily Periodic Rate that applies to your Account is 0.0794% and the corresponding Annual 
Percentage Rate is 28.99%.

OTHER FEES
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.

Deferred Interest Promotion Transaction Fee
For each deferred interest promotion with a promotion period of 12 or 18 months on a purchase 
transaction,  we  will  apply  a  Deferred  Interest  Promotion  Transaction  Fee  of  $9.95  to  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.

OUR RIGHTS, AND HOW THEY AFFECT YOU

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.

Refunds
If Retailer agrees to give a refund, you will accept a credit on your Account instead of a cash 
refund.

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  purchases  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 minimum 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 and your Account, and all aspects of the relationship between you and 
us, are governed by and construed in accordance with federal law and, to the extent that 
state law applies, the laws of the State of Missouri.

Arbitration of Disputes
Except as expressly provided below, any controversy that 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, in 
which the aggregate amount in controversy for all claimants exceeds $15,000 including 
interest  and  attorneys’  fees  (any  “Claim”)  will  be  settled  on  an  individual  basis  by 
binding arbitration under the Federal Arbitration Act (“FAA”). This is also binding on any 
successor or transferee of your Account. 

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. 

The arbitration will be administered by the American Arbitration Association (the “AAA”) under 
its rules in effect at the time an 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. There 
will be no class Claims–Claims by or on behalf of other persons will not be considered in or 
consolidated with the arbitration proceedings between you and us, and the arbitrator will have 
no power to consider any such Claims by or on behalf of other persons. 

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 Claims in arbitration is deemed unenforceable, then this entire 
Arbitration Agreement shall be void and of no force and effect.

Please read this arbitration agreement carefully. It limits or waives certain of your rights. 
With respect to Claims that you are agreeing to arbitrate pursuant to this Agreement, you 
are waiving your right to bring a court action and to have a jury trial. There will be no 
class Claims in arbitration. Discovery may be more limited in arbitration than in a court 
proceeding, and the right and grounds to appeal from an arbitrator’s award are more 
limited than in an appeal from a court judgment. Certain other rights you have in a court 
proceeding also may not be available in arbitration.

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 Genesis Credit Account is issued by:
Mid America Bank & Trust Company
216 West 2nd Street
Dixon, MO 65459