SUMMARY OF TERMS

Interest Rates and Interest Charges

Annual Percentage 
Rate (APR) for 
Purchases 

Paying Interest 

25.9%.

You will be charged interest from the 
transaction date.  

Minimum Interest 
Charge

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

For Credit Card Tips 
from the 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

Fees

Annual Fee

Penalty Fees

•	

Late Payment

•	 Returned 
Payment

None

Up to $25 

Up to $19

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

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

13-HD-695  (8/13)

HELZBERG DIAMONDS PRIVATE ACCOUNT AGREEMENT

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

DEFINITIONS 
“Account” means your Helzberg Diamonds Private Account. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Periodic Rate.  To calculate Interest Charges, we multiply the average daily 
balance by the monthly Periodic Rate.  The monthly Periodic Rate is calculated 
by dividing the ANNUAL PERCENTAGE RATE by 12 months.  For purposes 
of  this  Agreement,  the  ANNUAL  PERCENTAGE  RATE  is  25.9%,  which 
corresponds to a monthly Periodic Rate of 2.158%.

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

Deferred Interest.  Interest Charges on Purchases made under the Account 
will  be deferred for the first six (6) months following the initial transaction date 
(the “Deferred Interest Period”), which means that although Interest Charges 
will continue to accrue on the Account, no Interest Charge will be imposed if 
the Purchase is paid for in full within the Deferred Interest Period.  If you pay 
the Account balance for the Purchase in full by the end of the Deferred Interest 
Period, you will not incur an Interest Charge for that Purchase. If you do not 

pay the Account balance for the Purchase before the end of the Deferred 
Interest Period, we will charge your Account, in the Billing Cycle in which 
the Deferred Interest Period expires, the Interest Charges on the Purchase 
which  have  accrued  from  the  date  of  the  Purchase  transaction.  Interest 
Charges will accrue during the Deferred Interest Period at the same rate as 
set forth above.

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

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

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

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

Payment Processing. We may accept and process payments without losing 
any of our rights. Even if we credit your payment to your Account, we may delay 
the  availability  of  credit  until  we  confirm  that  your  payment  has  cleared.  We 
may resubmit and electronically collect returned payments. We may also adjust 
your Account balance as necessary to correct errors, to process returned and 
reversed payments, and to handle similar issues. When you send us a personal 
check,  you  authorize  us  to  process  the  check  electronically.    In  addition,  if 
a  check  we  process  in  paper  form  is  returned  to  us  unpaid,  you  agree  that 
we  may  re-present  the  returned  check  electronically.    We  will  process  your 
payment using the Automated Clearing House (ACH) system.  Electronically 

processed checks (and checks presented electronically) are not returned to you 
by your bank.  We will retain an image of your electronically processed check as 
required by law.  We will provide you with a copy of your electronically processed 
check upon your request.  Please contact the Customer Service Department at 
the telephone number on your Statement to learn about other payment options 
if you prefer not to have your check used in this way.  In the ordinary course of 
business, your check will not be provided to you with your Statement; however, a 
copy can be retrieved by contacting your financial institution.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Governing Law. This Agreement will be governed by the law of the State of 
Missouri as provided by MRS sec § 408.145 and federal law to the extent it 
applies.    If  there  is  any  conflict  between  any  of  the  terms  and  conditions  of 
this Agreement and applicable law, this Agreement will be considered changed 
to the extent necessary to comply with the law.  The other provisions of this 
Agreement shall not be affected.

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

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

JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
Website:  www.jamsadr.com

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

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

Voluntary Waiver of the Right to a Jury Trial and Class Action Participation.  
As a result of this Provision, neither you nor we have the right to litigate any 
Claim in court or the right to a jury trial on any Claim. YOU AGREE THAT YOU 
ARE  VOLUNTARILY  AND  KNOWINGLY  WAIVING  ANY  RIGHT  YOU  MAY 
HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL.  FURTHERMORE, 
NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE 
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY.  
SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF 
A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.

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

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

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

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

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

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

13-HD-695  (8/13)

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).

Sioux Falls, SD 57109-9627

In your letter, give us the following information:

•	 Account information: Your name and Account number. 
•	 Dollar amount: The dollar amount of the suspected error. 
•	 Description of problem: If you think there is an error on your bill, describe 

what you believe is wrong and why you believe it is a mistake.

You must contact us:  

•	 Within 60 days after the error appeared on your Statement. 
•	 At least 3 business days before an automated payment is scheduled, if 

you want to stop payment on the amount you think is wrong.   

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

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

(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. 

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. 

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. 

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 Purchase, 
contact us in writing at:

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

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

STATE DISCLOSURES

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

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

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

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

Right  to  Opt-Out.  If  you  do  not  wish  to  agree  to  arbitrate  all  Claims 
in  accordance  with  the  terms  and  conditions  of  this  section,  you  must 
advise  us  in  writing  at  the  following  address  within  30  days  of  receiving 
this  Agreement:    Mid  America  Bank  &  Trust  Company,  P.O.  Box  89627  
Sioux  Falls,  SD  57109-9627.    Clearly  print  or  type  your  name  and Account 
number and state that you reject arbitration.  You must give written notice, and 
it is not sufficient to telephone us.  Send only your notice to reject arbitration; do 
not include the notice with other correspondence to us.  We must receive your 
letter at the above address within 30 days after the date this Agreement was 
provided to you or your rejection of arbitration will not be effective.

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 

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

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 
cannot report you as delinquent without also reporting that you are questioning 
your bill. We must tell you the name of anyone to whom we reported you as 
delinquent,  and  we  must  let  those  organizations  know  when  the  matter  has 
been settled between us. 

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

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

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

(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 

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

Ohio Residents: The Ohio laws against discrimination require that all creditors 
make credit equally available to all credit worthy customers, and that Consumer 
Reporting Agencies maintain separate credit histories on each individual upon 
request. The Ohio Civil Rights Commission administers compliance with this law.

Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement, unilateral statement, or court order applying to marital property will 
adversely affect a creditor’s interests unless prior to the time credit is granted, 
the creditor is furnished with a copy of the agreement, statement, or court order, 
or has actual knowledge of that provision.

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

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

Mid America Bank & Trust Company  
P.O. Box  89627  

Important account 
information regarding your

Helzberg Diamonds
Private Account 

®

Terms & Conditions