On all charges to my Borsheims Revolving Charge Account established under this Borsheims Revolving Charge Agreement, I agree to the following:

1. I (Accountholder(s))* agree to pay for all merchandise and services charged to my account by any authorized person in accordance with the terms of this Agreement. My liability is joint and several with any accountholder who signed the application. The terms and conditions of the Borsheims Credit Application signed by me are incorporated into this Agreement.

2. OPTION TO PAY IN FULL EACH MONTH TO AVOID FINANCE CHARGE. I have the right each month to pay the total balance on my account. If I do so by the 25th of the month following the statement date, no FINANCE CHARGE will be added to the account for that month. The statement date will be shown on a statement sent to me each month. The total balance on my statement date will be called the CURRENT BALANCE on my monthly statement.

3. FINANCE CHARGE. If I do not pay the CURRENT BALANCE by the 25th day of the month following the statement date, a FINANCE CHARGE will be added to the account for the current monthly billing period. The FINANCE CHARGE will be a periodic rate of 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) computed on the Average Daily Balance.

4. AVERAGE DAILY BALANCE METHOD (EXCLUDING CURRENT TRANSACTIONS). Borsheims figures the FINANCE CHARGE on my account by applying the periodic rate to the "average daily balance" of my account (excluding current transactions). To get the"average daily balance", Borsheims will take the beginning balance of my account each day and subtract any payments. Credits in excess of the current period purchases will also be subtracted. Borsheims does not add in any new purchases. This gives Borsheims the daily balance. Then, Borsheims will add all the daily balances from the billing cycle together and divide the total by the number of days in the billing cycle. This gives Borsheims the "average daily balance". The "average daily balance" will never be less than zero.

5. MINIMUM MONTHLY PAYMENT. If I do not pay the total balance in full each month, I agree to make at least a minimum payment by the 25th of the month following the statement date shown on my monthly statement. The required minimum monthly payment is based on the balance as of the most recent statement closing date on the account. It may increase when charges are added to the account. The Minimum Monthly Payment will be 1/30th of the highest account balance or $35.00, whichever is greater. I can always pay more than the Minimum Monthly Payment.

6. DEFAULT. The occurrence of any of the following shall be a default hereunder:
  (1) I fail to perform any of my obligations,
  (2) my death or the death of any Co-Signer,
  (3) institution of any proceeding in bankruptcy or receivership or insolvency by or against me or any Co-Signer,
  (4) issuance of execution process against any property of mine or any Co-Signer,
  (5) any warranty or statement by me that proves to be materially incorrect,
  (6) failure to insure the merchandise against loss as required in the insurance provisions of paragraph 8 below. In the event of a default, Borsheims shall have the right to
    (a) declare all unpaid installments immediately due;
    (b) enter any premises and without breach of the peace take possession of the goods; and
    (c) exercise any and all of the rights on default of a secured party under the Uniform Commercial Code of Nebraska.

Borsheims may require me to assemble the goods and make them available to Borsheims at a place to be designated by Borsheims which is
reasonably convenient to Borsheims and me. Any notice of sale, disposition, or other intended action by Borsheims sent to me at the address
specified above, or such other address of mine as may from time to time be shown on Borsheims records, at least seven days prior to such action,
shall constitute reasonable notice to me. I will pay any deficiency that may remain after the exercise of such rights and will be entitled to any surplus.
All of Borsheims rights hereunder are cumulative, and no waiver of any default shall affect any later default.

7. In the event of default of ten (10) days or more by me, Borsheims, as required by law, may give me a notice of my right to cure such default within twenty (20) days following the date of such notice. If I fail to cure such default within such twenty-day (20) period, Borsheims, at its option, may declare all unpaid installments immediately due and payable, as well as exercise any other remedies available at law or equity. In the event of any subsequent default, Borsheims may, without notice to me, exercise any remedies available to Borsheims by the terms of this contract or any other remedy available at law or equity.

8. DEFERRED CREDIT PLAN. Borsheims may choose to offer from time to time a Deferred Credit Plan which may include: Waive Interest, Payment Required (Finance Charges deferred); Waive Interest, Defer Payment (Finance Charges and payment are deferred. Finance Charges then accrue from the first day after the deferment period); Defer Interest and Payment (Finance Charges and payment are deferred, Finance Charges then accrue from the date of purchase); Defer Sale (Finance Charges, payments and billing are deferred). The deferment period may be until a specific date or for a certain number of days ("Deferment Period"). I can obtain more information about the availability of the Credit Plans from Borsheims by contacting you at the address stated in paragraph 19 herein.

9. SECURITY INTEREST IN GOODS. I hereby grant to Borsheims a purchase money security interest under the UNIFORM COMMERCIAL CODE in all merchandise charged to the account. If I do not make payments as agreed, this security interest allows Borsheims to repossess only the merchandise which has not been paid for in full. All merchandise purchased with the account is for my personal, family or household use at the address given by me on my Credit Application. I understand that I cannot sell merchandise purchased from Borsheims to third parties until it is fully paid for. I am responsible for any loss or damage to the merchandise until the price is fully paid. I shall insure the goods, personal property, or merchandise purchased in this revolving charge agreement against loss from hazards, including, but not limited to, destruction, loss or theft. I hereby assign to Borsheims all rights to receive the proceeds of such insurance. In the event of a hazard loss, I direct any insurer to pay all proceeds directly to Borsheims and authorize Borsheims to endorse any draft for the proceeds. Borsheims agrees to pay to me that portion of the insurance proceeds, which exceeds the unpaid balance due hereunder. Any payments I make will first be used to pay any FINANCE CHARGE(S), and then to pay for the other charges on the account.

10. LIMITED WARRANTY. Goods are purchased "as is" and there are no warranties expressed or implied. All manufacturers' warranties, if any, apply in accordance with their respective terms and conditions. I warrant that any property offered in trade for the goods is free from any lien, claim, encumbrance or security interest.

11. LIMITATIONS OF DAMAGES. I agree that Borsheims shall not be liable for consequential damages resulting from any breach of this Agreement. My remedies for breach are limited to the return of the goods and refund of the purchase price, or at Borsheims option, to the repair and/or replacement of nonconforming goods or parts.

12. CHANGES OF TERMS CANCELLATION. Borsheims has the right to change any terms or part of this Agreement by sending me a written notice as required by law. My use of the revolving charge card after written notice of changes were sent to me will constitute agreement to the revised terms. Borsheims also has the right to cancel this Agreement as it relates to future purchases.

13. CHANGE OF ADDRESS. I will notify Borsheims of any change in my address.

14. AUTHORIZED BUYERS. This Agreement controls all charges made on the account by me or any person I authorize to use the account.

15. CREDIT INVESTIGATION AND DISCLOSURE. Borsheims has the right to investigate my credit, employment and income records, to verify my credit references, to report the way I pay the account to credit bureaus and other interested parties and to share information about me for business purposes with other companies doing businesswith Borsheims.

16. GOODS NOT TO BECOME ACCESSIONS TO OTHER GOODS. It is my intention that all goods purchased under this Agreement will not become accessions to other goods.

17. OTHER CHARGES AND FEES. You may charge my account for returned check fees as allowed by law. You may receive reasonable attorney fees if the law allows you to recover them if I am in default.

18. CHARGES SUBJECT TO CREDIT APPROVAL. This Agreement and all charges on the account are subject to the approval of Borsheims Credit Service Department.

19. CREDIT BALANCE. I understand that no interest will be paid on deposits, down payments, or credit balances which may exist on my account.

20. UNAUTHORIZED USE. I agree to promptly notify Borsheims upon discovery if my charge card is lost or stolen. Federal law states that my liability for unauthorized use of the charge card shall not exceed $50.00. I may be liable for the unauthorized use of the Borsheims Revolving Charge card up to that amount. However, I will not be liable for unauthorized use which occurs after I notify Borsheims verbally at 402-391-0400 or 800-91-6242 or in person to BORSHEIMS CREDIT SERVICES DEPARTMENT, 120 Regency Parkway, Omaha, Nebraska 68114, of any loss, theft, or possible unauthorized use.

21. CONFIDENTIALITY. Borsheims does not sell or trade information about accountholders with other Companies for marketing purposes. I understand the information provided by me on my application will be held confidential by Borsheims.

22. It is Borsheims intent to comply with all state and federal laws and regulations which might affect this transaction. Consequently, if there is a conflict between any of the terms and conditions of the Agreement and applicable federal or state law, this Agreement will be considered changed to the extent necessary to comply with the law.

23. This contract shall be construed under the laws of the State of Nebraska. I agree that any action related to this contract may be instituted and prosecuted in the courts of Omaha, Douglas County, Nebraska, and I hereby waive the right to a change of venue.

24. ERRORS OR INQUIRIES ON MONTHLY STATEMENT NOTICE. SEE THE BILLING RIGHTS SUMMARY ON YOUR PERIODIC STATEMENT FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS.

By submitting an application online, or signing up for online services ("eservice"), for your Borsheims Revolving Charge Credit Account, you hereby agree to the following and this will constitute your consent ("Consent") for us to send you electronic communications.

1. Categories of Communications. You understand and agree that Borsheims,the issuer of the Borsheims Revolving Charge Credit Account, our assignees, or other holders of Borsheims Revolving Charge Credit Account ("we" or "us") may provide to you by electronic means information regarding your Borsheims Revolving Charge Credit Account ("Credit Account"), including disclosures required by applicable federal or state law (collectively, "Communications") which may include, but is not limited to, the following:

* The initial disclosure statement or agreement ("Agreement") governing the Credit Account, including, without limitation, any Truth in Lending Act disclosure;

* Letters or notices regarding your Credit Account, including customer service responses;

* Borsheims Privacy Policy ("Privacy Policy") for the Credit Account;

* Other federal and state law disclosures, notices and communications in connection with the application for, the opening of, maintenance of or collection of the Credit Account; and

* Disclosures, Debt Cancellation Agreement and other information related to optional Debt Cancellation products you may elect to purchase.

Communications may be sent to your e-mail address. Communications may include your name and some information about your Credit Account, including your balance or the due date. Electronic Communications may be disclosed to any party with access to your Credit Account or e-mail account or hardware or software used to view your Credit Account or e-mail account.

2. Manner of Consent. You acknowledge that by giving your Consent through this website, you demonstrate that you can access information that we may provide to you by posting electronic Communications on a website.

3. How to Withdraw Consent. You may not apply online for a Credit Account, and you may not register your Credit Account for eservice, unless you provide your Consent. After you open a Credit Account or register your Credit Account for eservice, you may withdraw your Consent by contacting customer service or by writing 120 Regency Parkway, Omaha, NE 68114.

4. Hardware and Software Requirements. In order to access and retain Communications, you must have: *An Internet Browser which supports HTML 4.0 and SSL-encryption, Netscape 4.0 or later and Microsoft Internet Explorer 4.0 or later. *A means to print or store notices and information through your browser software. *A personal computer or equivalent device capable of connecting to the Internet via dial-up, DSL, Cable Modem, Wireless Access Protocol, or equivalent, and that supports the foregoing requirements.

5. Paper Copies of Communications. Upon your request, we will send you a paper copy of the Agreement, the Privacy Policy, Debt Cancellation Agreement and/or other material provided to you electronically pursuant to this Consent. If you would like a paper copy of any of this material please write to us 120 Regency Parkway, Omaha, Nebraska, 68114. There will be no charge for a paper copy of this material.

6. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing". You should print or download a copy of this Consent, the Agreement, the Privacy Policy, your application, and any other Communication that is important to you for your records.

7. Electronic Signatures. You acknowledge that by clicking on the "I Agree", the "Submit" or similar button on this website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

8. Federal Law. You acknowledge and agree that your Consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

I agree that I have read and agree to the above provisions, the Key Credit Terms (including the Initial Disclosures), the consent to Electronic Communications confirming my acceptance to receive communications electronically, and the Privacy Policy. Clicking submit constitutes my electronic signature.