SUMMARY OF TERMS

Interest Rates and Interest Charges

Annual percentage Rate 
(APR) for Purchases

25.9%

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

Penalty Fees
 Late Payment
 Returned Payment

None
Up to $35
Up to $35

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 transac-
tions and how to exercise those rights is provided in the 
Your Billing Rights section of this Account Agreement.

®

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

DEFINITIONS
“Account” means your Helzberg Diamonds Private Account.
“Billing Cycle” means a monthly billing period which begins on or about the 
same day each month.
“Credit Limit” means the maximum amount of credit we have approved for 
you on your Account which may be outstanding at any time.
“Purchase” means credit we extend to you on your Account when you present 
your Account number to purchase goods and/or services and we pay Helzberg 
Diamonds on your behalf for the transaction.
“Statement” means the periodic billing statement reflecting transactions and 
payments made on your Account. We will send you a Statement at the end of 
any Billing Cycle in which (i) we owe you, or you owe us, more than $1; (ii) we 
impose any charge on your Account; or (iii) any payment, credit, or Purchase is 
posted to your Account.
“Statement Closing Date” means the last day of any Billing Cycle.
“We,” “us,” or “our,” refers to Mid America Bank & Trust Company, except as 
otherwise specifically provided in this Agreement. 
 “You,” and “your” refer to the person who applied for the Account.

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

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

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

Credit Limit. We will determine the available Credit Limit on your Account. You 
must keep your Account balance below your assigned Credit Limit. If you do 
not, you must immediately pay us the amount by which you have exceeded your 
Credit Limit. We may increase or decrease your Credit Limit without notice. We 
may delay increasing your available credit by the amount of any payment that we 
receive for up to 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 someone 
is using your Account without your permission.

FEES
Late Payment Fee. If we do not receive the 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 we did not 
charge you a Late Payment Fee during any of the prior six (6) Billing Cycles. 
Otherwise, the Late Payment Fee is $35. The Late Payment Fee will never 
exceed the amount of your most recently required Minimum Payment Due.

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 we did not charge you a Returned 
Payment Fee during any of the prior six (6) Billing Cycles. Otherwise, the 
Returned Payment Fee is $35. The Returned Payment Fee will never exceed 
the amount of your Minimum Payment Due and may be charged if a payment 
is not honored the first time it is presented, even if it is honored when  
subsequently presented.

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 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 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” 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 (APR) 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”). Each Purchase charged to 
your Account will accrue Interest Charges, but we will not charge the 
applicable Interest Charges to your Account if the Purchase is paid for in full 
before the end of the Deferred Interest Period. The Deferred Interest Period 
will end when one or more of the following events occur: (i) six (6) months 
from the Purchase date; (ii) your Account becomes more than 180 days past 

due; or (iii) your Account is charged off for any reason. Interest Charges 
will accrue during the Deferred Interest Period at an APR of 25.9%, and 
we will charge such Interest Charges to your Account if you do not pay the 
Purchase balance in full before the end of the Deferred Interest Period. You 
must make each monthly Minimum Payment Due during the Deferred 
Interest Period. Your Statement will include your Minimum Payment Due and 
will help you keep track of your Purchase balance(s) and any Deferred 
Interest Period(s). By paying only the Minimum Payment Due, you may not 
pay off your Purchase balance within the Deferred Interest Period. You may 
have to make additional or increased payments during the Deferred Interest 
Period to 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 
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 an amount 
determined based upon the number and amount of outstanding Purchases, 
the financing plan selected for each Purchase, plus any fees, past due, or 
overlimit amounts due on the Account. 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. 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 los-
ing 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.

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.

How We Apply Your Payments. For each Billing Cycle, we will allocate 
payment amounts up to your Minimum Payment Due to charges and 
principal due (including new transactions) in any manner we determine 
in accordance 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 subject to deferred interest, we will apply the excess amount to 
the deferred interest balance.

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 97076-4477

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 canceled 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 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 reason-
ably 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 

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  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 4477, Beaverton, OR 97076-4477.

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.

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

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

Parties and Matters Subject to Arbitration. “Arbitration” is a  
means  of having an independent third party resolve a Claim. A 
“Claim” is any dispute or controversy of any kind between you 
and us. The term Claim is to be given its broadest possible meaning 
and includes, without limitation, all claims or demands (whether 
past, present or future, including events that occurred prior to the 
opening of this Account), based on any legal or equitable theory 
(contract, tort, or otherwise) and regardless of the type of relief 
sought (i.e., money, injunctive relief or declaratory relief).  A Claim 
includes, by way of example and without limitation, any claim based 
upon a federal or state constitution, statute, ordinance, regulation, 
or common law, and any issue concerning the validity, enforceability 
or scope of this Agreement or Arbitration Provision. For purposes 
of this Provision, the terms “you” and “your” include any person 
authorized to use the Account and also includes your heirs, guardian, 
personal representative or trustee in bankruptcy. The terms “we,” 
“our,” and “us” include our employees, officers, directors, members, 
managers, attorneys, affiliated companies, predecessors and assigns, 
as well as our marketing, servicing and collection representatives 
and agents.
Agreement to Arbitrate. Any Claim arising out of or relating to this 
Agreement, or the breach thereof, shall be resolved and settled 
exclusively and finally by binding arbitration, in accordance with this 
Provision. Binding arbitration shall not be required, however, for 
collection actions by us relating to your Account. Furthermore, both 
you and we retain the right to pursue in a small claims court any 
Claim that is within the court’s 
jurisdiction, provided the Claim proceeds on an individual basis. 

However, only a court of law, not an arbitrator, shall determine the validity 
and effect of this Provision’s prohibition of class arbitration.  For any Claims 
covered by this Provision, the party who asserted a Claim in a lawsuit in 
court may elect arbitration with respect to any Claim subsequently asserted 
in that lawsuit by any other party.

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

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

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

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

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

Voluntary Waiver of the Right to a Jury Trial and Class Action Participa-
tion. As a result of this Provision, neither you nor we have the right to liti-
gate 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 OTH-
ER 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  ARBITRATION  UNDER   

THIS  PROVISION.

FOR FUTURE USE

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

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

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 97076-4499 

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.

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 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:

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.

Helzberg Diamonds Private Account
P.O. Box 4499
Beaverton, OR 97076-4499

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.

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.

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

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

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

Right to Opt-Out.  If  you  do  not  wish  to  agree  to  arbitrate  all  Claims 
in accordance with the terms and conditions of this  section,  you  must 
advise us in writing at  the  following  address  within  30  days  of  
receiving this Agreement: Helzberg Diamonds Private Acccount, P.O. Box 
4499, Beaverton, OR 97076-4499. Clearly print or type your name and 
Account number and state that you reject arbitration.  You must give writ-
ten 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 arbitra-
tion will not be effective.
YOUR BILLING RIGHTS - KEEP THIS DOCUMENT 

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 
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:

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

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

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

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

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

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

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

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

14-HD-0298  (8/14)

Important account 
information regarding your

Helzberg Diamonds
Private Account 

®

Terms & Conditions