GEM Account Agreement

F03-W767-8

Dear Accountholder: 
This Agreement, as defined below, is your contract for your Account and: 

• Covers the terms that govern the use of your Gem Account;
• Outlines both your responsibilities and ours;
• Includes certain disclosures required by the Federal Truth in

Lending Act, and;

• Contains important information about your Account.

We encourage you to read 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 begins on the earlier of (1) the date we approve your Application, or (2) 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  hold(s)  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. 

Account: Gem 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 we issue 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. 
Agreement:  Your  contract  with  us  for  your  Account,  which  contract  is  composed  of  your 
Application  and  the  Account  opening  disclosures.  Any  sales  slip  or  other  evidence  of 
indebtedness on your Account is incorporated into and made part of this Agreement. 
Application: The form with information that you submitted to apply for your Account, including 
your signature (in any form – wet signed, electronic, or digital), and any acceptance certificate 
or other request that you signed or otherwise submitted to obtain this Account. 
Billing  Cycle:  The  time  interval  covered  by  a  monthly  statement.  Each  Billing  Cycle  is 
approximately 30 days in length. 
Card:  Any  branded  Card  we  issue  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: The credit extension you receive under this Agreement. 
Credit Limit: The maximum amount of Credit available to you on your Account. Your Account 
Credit Limit will be disclosed to you on the monthly statements. 
New Balance: The total outstanding Account balance on the Closing Date specified in your 
monthly statement. 
Previous Balance: The balance of your Account at the beginning of a Billing Cycle. This will be 
the same as the “New Balance” shown on the previous monthly statement. 
Purchase:  An  extension  of  Credit  to  your  Account  for  the  purpose  of  purchasing  goods  or 
services from Retailer. 
Purchase Balance: The total outstanding balance of Purchases and interest charges, excluding 
amounts included in the Regular Balance. 
Retailer: Participating Zale, Zale Outlet, Gordon’s Jewelers, and Piercing Pagoda locations. 

USING YOUR ACCOUNT 

Purchases 
You may use your Account to purchase goods and services from Retailer. You promise to pay 
us and are liable for all amounts resulting from the authorized use of your Account Number or 
Account, plus any applicable interest charges and other applicable charges or fees, payable 
in U.S. dollars. 

Required Down Payment 
For each purchase you make using your Account, you must first make a down payment to 
the Retailer of at least 15% of the purchase amount (including all fees and taxes). You may 
pay the down payment to the Retailer using any form of payment accepted by the Retailer. 
The remaining purchase balance, after the down payment, will be the amount charged to your 
Account. 

Your Credit Limit 
You may not use your Account in any way that would cause you to go over your Credit Limit. 
We may refuse to authorize or accept any transaction on your Account if (1) that transaction 
would  cause  you  to  exceed  your  Credit  Limit  or  (2)  your  Account  is  delinquent.  We  may 
temporarily agree to allow you to exceed your Credit Limit. If we do so, in that case, you must 
repay the excess amount according to the terms of this Agreement. Any transactions honored 
in excess of your Credit Limit will not result in an increase of your Credit Limit. 

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 
The Monthly Minimum Payment is 5% of your New Balance or $30, whichever is greater. If 
you elect not to pay your New Balance in full, you must pay at least the Monthly Minimum 
Payment by the Payment Due Date shown on your Statement, which is at least 25 days after 
the Closing Date of the Billing Cycle. Your Monthly Minimum Payment also will include any past 
due amount or any amount by which the New Balance exceeds your Credit Limit, whichever is 
greater. If your New Balance is less than or equal to your Monthly Minimum Payment, then your 
Monthly Minimum Payment will be equal to your New Balance. 
Payments  should  be  mailed  with  the  payment  coupon  and  in  the  envelope  provided  and 
following the other instructions on the monthly statement to Genesis FS Card Services, PO Box 
84049, Columbus, GA 31908. Any payment we receive 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 we receive your payment in that form and at that address after 5:00 P.M. Eastern Time 
on a normal banking day, or any time on a non-banking day, we will credit it to your Account the 
next banking day. Please allow at least seven (7) business days for postal delivery. Payments 
we receive 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 you owe on your Account 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 Limit may not reflect your payments for up to 14 days. 

Application of Payments 
For each Billing Cycle, we will allocate payment amounts up to your Monthly Minimum Payment 
to charges and principal due (including new transactions) in any way we determine. We will 
generally apply payment amounts up to your Monthly Minimum Payment in a manner most 
favorable or convenient for us. 
For each Billing Cycle, to the extent your payments exceed your Monthly Minimum Payment, 
we will apply these excess amounts in the order required by applicable law. 

HOW INTEREST CHARGES ARE DETERMINED 

Your Interest Rate 
We use a daily periodic rate to calculate the interest on your account. The daily periodic rate is 
the applicable APR multiplied by 1/365. The daily periodic rate for your account is 26.99% and 
the applicable APR is 0.0739%. 

When Interest Charges Begin to Accrue 
Interest charges on Purchases will be imposed at the daily periodic rate from the date each 
Purchase is made, and will continue to accrue on unpaid balances as long as they remain 
unpaid. However, we do not assess interest charges in the following circumstances: 

1. If  you  paid  the  New  Balance  at  the  beginning  of  your  previous  Billing  Cycle  by  the
Payment Due Date during the previous Billing Cycle, or if that New Balance was $0 or a 
credit balance, then: 
a.  if you pay the New Balance on your current statement in full by the Payment Due Date
in your current Billing Cycle, we will not assess interest charges on Purchases during 
your current Billing Cycle; and 

b. if you make a payment that is less than the New Balance by the Payment Due Date
in your current Billing Cycle, we will credit that payment as of the first day in your
current Billing Cycle. 

2.  If you had a New Balance at the beginning of your previous Billing Cycle and you did not 
pay that New Balance by the Payment Due Date during that previous Billing Cycle, then
we will not assess interest charges on any Purchases during the current Billing Cycle if
you pay the New Balance at the beginning of your current Billing Cycle by the Payment
Due Date in your current Billing Cycle. 

How We Calculate Interest 
We  calculate  interest  on  the  Purchase  Balance  by  applying  the  daily  periodic  rate  to  your 
average daily balance (including new Purchases), and then multiplying the resulting number 
by the number of days in the Billing Cycle for each balance segment. We calculate interest as 
follows: 

1. For  each  day,  we  take  the  beginning  Purchase  Balance  in  the  billing  cycle,  including
any  unpaid  interest  charges,  add  any  new  Purchases  and  debits,  and  then  subtract
the  applicable  portion  of  any  payments  and  credits.  This  gives  us  the  daily  balance.
(Late Payment Fees, Returned Payment Fees, or other fees are not included in the daily 
balance.) 

2. Then, we add all the daily balances for the billing cycle together and divide the total by

the number of days in the billing cycle. This gives us the average daily balance. 

Next, we multiply the daily periodic rate by the average daily balance. 
Finally, we take the resulting number from #3 and multiply it by the number of days in the Billing 
Cycle. This gives us the interest charge for the Billing Cycle. However, if the amount of the 
interest charge is less than $2, then a minimum interest charge of $2 will be imposed instead 
of the smaller computed amount. 

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. 

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 $9.99, we will apply a Late Payment Fee to your Account. The Late Payment Fee is $27 
if we did not charge a Late Payment Fee during any of the prior six billing periods. Otherwise, 
the Late Payment Fee is $38. The Late Payment Fee will never exceed the amount of your most 
recently required Monthly Minimum Payment. 

Returned Payment Fee 
If  any  payment  on  your  Account  is  returned  to  us  unpaid  for  any  reason,  we  will  apply  a 
Returned Payment Fee to your Account. The Returned Payment Fee is $27 if we did not charge 
a Returned Payment Fee during any of the prior six billing periods. Otherwise, the Returned 
Payment  Fee  is  $38.  The  Returned  Payment  Fee  will  never  exceed  the  monthly  minimum 
payment. 

Minimum Interest Charge Fee 
If the periodic interest charge amount computed in the How We Calculate Interest section are 
an amount less than $2, then a Minimum Interest Charge Fee of $2 will be charged instead of 
the smaller computed amount and will be treated as a fee on your billing statement and added 
to your Purchase Balance at our discretion. 

Documentation Fee 
You may request a copy of a monthly statement previously sent to you for a Documentation Fee 
of $3 per statement, which fee we will charge 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: Genesis 
FS Card Services, P.O. Box 4477, Beaverton, OR 97076, 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  or  pre-recorded  messages 
for  Account  Management  purposes,  including  calls  made  for  account  collection  purposes. 
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, our agents and successors in interest, subject to any limitations 
of  applicable  law,  may  (1)  contact  you  at  that  number  including  by  text  message,  and  (2) 
use  automated  telephone  dialing  systems  to  initiate  such  contacts  and/or  leave  recorded 
messages. For Text Messages: Message and data rates may apply. 
In accordance with applicable law, we or our representatives may contact you from time to time 
regarding your 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 Genesis FS Card 
Services, P.O. Box 4477, Beaverton, OR 97076, 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 restrictive 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 
Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076. 

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 Genesis FS Card 
Services, P.O. Box 4499, Beaverton, OR 97076. 

. . . CONTINUED ON REVERSE

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 Limit without permission and do not 
bring your Account back under your Credit Limit 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. Except as provided in the 
Arbitration Provision below, 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 
Number and Unauthorized Use” above. 

Transactions 
You  will  retain  for  statement  verification  purposes  your  copy  of  each  Purchase  transaction 
receipt from Retailer. 

Refunds for Goods and Services 
Refunds for goods and services are governed by Retailer. Any refunds for goods or services 
purchased from Retailer through an extension of Credit on your Account will be issued as a 
credit adjustment to your Account. When we are notified by Retailer of any refund amount, 
we  will  subtract  an  amount  equal  to  the  refund  amount  from  your  Account.  However,  the 
fixed 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 you owe on 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, but 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 
Genesis FS Card Services, P.O. Box 4477, Beaverton, OR 97076. 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. We or another 
party may provide these benefits and services. Unless expressly made a part of this Agreement, 
and except as provided in the Arbitration Provision 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 that other parties provide or for their actions or 
omissions. 

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 that we authorize the transaction before the transaction is approved. In addition, we may 
limit the number and amount of daily transactions approved for security reasons. 

Change of Address, Employment and Telephone 
We will send all written notices and statements to your address as it appears on our records. 
To  avoid  delays  and  missed  payments  that  could  affect  your  credit  standing,  you  agree  to 
promptly advise us if you change your mailing address, place of employment, or telephone 
number. 

Severability 
In the event that any provision of this Agreement is determined to be invalid or unenforceable 
for any reason, the remaining provisions will remain in effect. 

Entire Agreement; Interpretation 
This Agreement (including the other documents incorporated herein by reference as discussed 
above) constitutes the final expression of the credit agreement between you and us relating to 
your Account. The headings used in this Agreement are for the convenience of reference only 
and are not intended to define or describe the scope or intent of any portion of the Agreement 

Governing Law 
This Agreement is controlled and governed by the laws of the State of Missouri, including 
Missouri  Revised  Statutes  (Chapter  408  Legal  Tender  and  Interest)  Section  408.145, 
except to the extent that such laws are inconsistent with controlling federal laws. 

Arbitration  of  Disputes  Provision.  PLEASE  READ  THIS  ARBITRATION  OF  DISPUTES 
PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, 
THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU 
AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER 
A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO 
PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL 
BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.  
This provision replaces any existing arbitration provision with us and will stay in force no matter 
what happens to your Account, including the closing of your Account. Except as expressly 
provided below, you and we must arbitrate individually, by binding arbitration under the Federal 
Arbitration  Act  (“FAA”),  any  dispute  or  Claim  between  you,  any  joint  Accountholder  and/or 
Authorized User, on the one hand, and us , our affiliates and agents, on the other hand, if the 
dispute or Claim arises out of or is related to (a) this Agreement (including without limitation, 
any dispute over the validity of this Agreement to arbitrate disputes or of this entire Agreement), 
or (b) your Account, or (c) any relationship resulting from this Agreement, or (d) any insurance 
or other service related to your Account, or (e) any other agreement related to your Account 
(including  prior  agreements)  or  any  such  service,  or  (f)  breach  of  this  Agreement  or  any 
other such agreement, whether based on statute, contract, tort or any other legal theory (any 
“Claim”). However, we will not require you to arbitrate any individual Claims in small claims 
court or your state’s equivalent court, so long as it remains an individual case in that court. 
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY 
GENERAL  ACTION  AGAINST  US  IN  COURT  OR  ARBITRATION.  ALSO,  YOU  MAY  NOT 
BRING  CLAIMS  AGAINST  US  ON  BEHALF  OF  ANY  ACCOUNTHOLDER  WHO  IS  NOT  A 
JOINT  ACCOUNTHOLDER  WITH  YOU  OR  AN  AUTHORIZED  USER  ON  YOUR  ACCOUNT 
(AN  “UNRELATED  ACCOUNTHOLDER”),  AND  YOU  AGREE  THAT  NO  UNRELATED 
ACCOUNTHOLDER  MAY  BRING  ANY  CLAIMS  AGAINST  US  ON  YOUR  BEHALF.  CLAIMS 
BY  YOU  AND  AN  UNRELATED  ACCOUNTHOLDER  MAY  NOT  BE  JOINED  IN  A  SINGLE 
ARBITRATION. THE ARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS, 
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY SUCH CLAIMS YOU 
BRING ON BEHALF OF AN UNRELATED ACCOUNTHOLDER. 
Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute 
regarding  whether  a  particular  controversy  is  subject  to  arbitration,  or  the  applicability  or 
enforceability of the foregoing paragraph, will be decided by a court and not by an arbitrator. 
If you or we elect to arbitrate a Claim, the electing party must notify the other party in writing. 
The  notice  can  be  given  after  the  beginning  of  a  lawsuit  and  can  be  given  in  papers  filed 
in  the  lawsuit.  Otherwise,  your  notice  must  be  sent  to  Genesis  FS  Card  Services,  Attn: 
Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our notice must be sent 
to  the  most  recent  address  for  you  in  our  files.  The  arbitration  will  be  administered  by  the 

American Arbitration Association (the “AAA”) under its rules in effect at the time 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. All statutes of limitation, defenses, and attorney-
client and other privileges that would apply in a court proceeding will apply in the arbitration. 
If  any  provision  of  this  Section  regarding  arbitration  of  disputes  shall  be  deemed  to  be 
unenforceable, the remainder of this Section shall be given full force and effect. However, if 
the provision precluding class, representative or private attorney general Claims in arbitration 
is deemed unenforceable, then this entire Arbitration Agreement shall be void and of no force 
and effect. 
You may reject this provision, in which case, only a court may be used to resolve any dispute 
or Claim. Rejection will not affect any other aspect of the Account Agreement. To reject this 
Provision, you must send us a notice within 60 days after you open your Account or we first 
provide you with a right to reject this Provision. This notice must include your name, address 
and Account number and be mailed to Genesis FS Card Services, Attn: Arbitration Provision, 
P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you can reject this Provision. 

YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Think You Find A Mistake On Your Statement 
If you think there is an error on your statement, please write to us at: Genesis FS Card 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 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 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: Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076. 
While we investigate, the same rules apply to the disputed amount as discussed above. After 
we finish our investigation, we will tell you our decision. At that point, if we think you owe an 
amount and you do not pay, we may report you as delinquent. 

MILITARY LENDING ACT  
(APPLICABLE ONLY TO ACCOUNTS OPENED ON OR AFTER OCT. 3, 2017) 

This section of the Agreement applies only to Accounts opened on or after October 3, 2017. 
If you would like to know when you opened your Account, please call us at 1-866-502-5439. 
The federal Military Lending Act provides protections for certain members of the Armed Forces 
and their dependents (“Covered Borrowers”). The following provisions of this section apply to 
Covered Borrowers: 

Checking Your Covered Borrower Status 
If  you  would  like  more  information  about  whether  you  are  a  Covered  Borrower  entitled  to 
protection under the Military Lending Act, you may contact us at 1-866-502-5439. 

Statement of MAPR 
Federal  law  provides  important  protections  to  members  of  the  Armed  Forces  and  their 
dependents relating to extensions of consumer credit. In general, the cost of consumer credit to 
a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage 
Rate of 36%. This rate must include, as applicable to the credit transaction or account: (1) 
the costs associated with credit insurance premiums; (2) fees for ancillary products sold in 
connection  with  the  credit  transaction;  (3)  any  application  fee  charged  (other  than  certain 
application fees for specified credit transactions or accounts); and (4) any participation fee 
charged (other than certain participation fees for a credit card account). 

Oral Disclosures 
In order to hear important disclosures and payment information about this Agreement, you 
may call 1-866-875-5929. 

Applicability of Arbitration of Disputes Provision 
The Arbitration of Disputes Provision set forth in this Agreement does not apply to you if, as of 
the date of this Agreement, you are a Covered Borrower. 

Your Gem Account is issued by: 
Mid America Bank & Trust Company 
216 West 2nd Street 
Dixon, MO 65459

F03-W767-8