b'CALIFORNIA COAST CREDIT UNION\nPO Box 502080\nSan Diego, CA 92150-2080\n858-495-1600\n\nCONSUMER CREDIT CARD AGREEMENT\nIn this Agreement, \xe2\x80\x9cAgreement\xe2\x80\x9d means this Consumer Credit Card Agreement. \xe2\x80\x9cDisclosure\xe2\x80\x9d means the Credit Card Account\nOpening Disclosure. The Account Opening Disclosure is incorporated into this Consumer Credit Card Agreement and is\npart of the Agreement. In this Agreement the words "you," \xe2\x80\x9cyour,\xe2\x80\x9d and "yours" mean each and all of those who agree to be\nbound by this Agreement; "card" means the MasterCard credit card and any duplicates, renewals, or substitutions the Credit\nUnion issues to you; "account" means your MasterCard credit card line-of-credit account with the Credit Union; and "Credit\nUnion" means the Credit Union whose name appears on this Agreement or anyone to whom the Credit Union transfers this\nAgreement.\n1. USING YOUR ACCOUNT \xe2\x80\x94 If you are approved for an account, the Credit Union will establish a line of credit for you.\nYou agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other charges")\nwhich you will have outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will not allow\nadvances over the credit limit. You may request an increase in your credit limit only by a method acceptable to the Credit\nUnion. The Credit Union may increase or decrease your credit limit, refuse to make an advance and/or terminate your\naccount at any time for any reason not prohibited by law. If you are permitted to obtain cash advances on your account, we\nmay, from time to time, issue convenience checks to you that may be drawn on your account. Convenience checks may\nnot be used to make a payment on your account balance. If you use a convenience check, it will be posted to your account\nas a cash advance. We reserve the right to refuse to pay a convenience check drawn on your account for any reason and\nsuch refusal shall not constitute wrongful dishonor.\nYou may request that we stop the payment of a convenience check drawn on your account. You agree to pay any fee\nimposed to stop a payment on a convenience check issued on your account. You may make a stop payment request orally,\nif permitted, or in writing. Your request must be made with sufficient time in advance of the presentment of the check for\npayment to give us a reasonable opportunity to act on your request. In addition, your request must accurately describe the\ncheck including the exact account number, the payee, any check number that may be applicable, and the exact amount of\nthe check. If permitted, you may make a stop payment request orally but such a request will expire after 14 days unless you\nconfirm your request in writing within that time. Written stop payment orders are effective only for six months and may be\nrenewed for additional six month periods by requesting in writing that the stop payment order be renewed. We are not\nrequired to notify you when a stop payment order expires. If we re-credit your account after paying a check or draft over a\nvalid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us\nall of your rights against the payee or other holders of the check or draft and to assist us in any legal action. You agree to\nindemnify and hold us harmless from all costs and expenses, including attorney\'s fees, damages, or claims, related to our\nhonoring your stop payment request or in failing to stop payment of an item as a result of incorrect information provided to\nus or the giving of inadequate time to act upon a stop payment request.\n2. USING YOUR CARD \xe2\x80\x94 You understand that the use of your credit card or credit card account will constitute\nacknowledgement of receipt and agreement to the terms of the Credit Card Agreement and Credit Card Account Opening\nDisclosure (Disclosure). You may use your card to make purchases from merchants and others who accept your card. The\ncredit union is not responsible for the refusal of any merchant or financial institution to honor your card. If you wish to pay\nfor goods or services over the Internet, you may be required to provide card number security information before you will be\npermitted to complete the transaction. In addition, you may obtain cash advances from the Credit Union, from other financial\ninstitutions that accept your card, and from some automated teller machines (ATMs). (Not all ATMs accept your card.) If the\ncredit union authorizes ATM transactions with your card, it will issue you a personal identification number (PIN). To obtain\ncash advances from an ATM, you must use the PIN issued to you for use with your card. You agree that you will not use\nyour card for any transaction that is illegal under applicable federal, state, or local law. Even if you use your card for an\nillegal transaction, you will be responsible for all amounts and charges incurred in connection with the transaction. If you\nare permitted to obtain cash advances on your account, you may also use your card to purchase instruments and engage\nin transactions that we consider the equivalent of cash. Such transactions will be posted to your account as cash advances\nand include, but are not limited to, wire transfers and money orders. This paragraph shall not be interpreted as permitting\nor authorizing any transaction that is illegal.\n3. PROMISE TO PAY \xe2\x80\x94 You promise to pay all charges (purchases, cash advances, balance transfers, use of\nconvenience checks or any other charge) made to your account by you or anyone you authorize to use your account. You\nalso promise to pay all finance charges and other charges added to your account under the terms of this Agreement or\nanother agreement you made with the Credit Union. If this is a joint account, the paragraph on JOINT ACCOUNTS also\napplies to your account.\n\xc2\xa9CUNA Mutual Group 1991, 2006, 09, 10, 12, 14 All Rights Reserved\n\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0c4. PERIODIC RATES \xe2\x80\x94 The periodic rates applicable to purchases, cash advances, and balance transfers are disclosed\non the Disclosure that accompanies this Agreement. Any penalty rate that may be imposed for failing to make a payment\nby the payment due date is also disclosed on the Disclosure. Any rate change will be made pursuant to applicable law. If\nthe rate for your account is variable, as indicated on the accompanying Disclosure, the rate charged on purchases, cash\nadvances, balance transfers and any penalty rate will vary periodically as disclosed in the Disclosure accompanying this\nAgreement. The initial rate on your account for certain types of transactions may be an introductory discounted rate\n(Introductory Rate) that is lower than the rate that would ordinarily apply for that type of transaction. If an Introductory Rate\napplies to your account, the rates and the period of time it will be effective is shown on the Disclosure accompanying this\nAgreement. After the Introductory Rate period expires, the periodic rate will automatically increase to the rates that would\nordinarily apply for that type of transaction based on the terms of this Agreement.\n5. FINANCE CHARGES \xe2\x80\x94 New purchases posted to your account during a billing cycle will not incur a finance charge\nfor that billing cycle if you had a zero or credit balance at the beginning of that billing cycle, or you paid the entire new\nbalance on the previous cycle\'s billing statement by the payment due date of that statement; otherwise a finance charge will\naccrue from the date a purchase is posted to your account. To avoid an additional finance charge on the balance of\npurchases, you must pay the entire new balance on the billing statement by the payment due date of that statement. A\nfinance charge begins to accrue on cash advances from the date you get the cash advance or from the first day of the billing\ncycle in which the cash advance is posted to your account, whichever is later (transaction date). To avoid an additional\nfinance charge on the balance of cash advances, you must pay the entire new balance on the billing statement by the\npayment due date of that statement.\nThe finance charge is calculated separately for purchases and cash advances. For purchases, the finance charge is\ncomputed by applying the periodic rate to the average daily balance of purchases. To calculate the average daily balance\nof purchases, we take the beginning outstanding balance of purchases each day, add any new purchases, and subtract any\npayments and/or credits. This gives us the daily balance of purchases. We then add all of the daily balances of purchases\nfor the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the average daily\nbalance of purchases.\nFor cash advances, the finance charge is computed by applying the periodic rate to the average daily balance of cash\nadvances. To calculate the average daily balance of cash advances, we take the beginning outstanding balance of cash\nadvances each day, add in any new cash advances, and subtract any payments and/or credits that we apply to the cash\nadvance balance. This gives us the daily balance of cash advances. We then add all of the daily balances of cash advances\nfor the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the average daily\nbalance of cash advances. Balance transfers are calculated in the same manner as cash advances.\n6. FOREIGN TRANSACTIONS \xe2\x80\x94 Purchases and cash advances made in foreign currencies will be debited from your\naccount in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing\ninternational transactions is a rate selected by MasterCard from a range of rates available in wholesale currency markets\nfor the applicable central processing date, which rate may vary from the rate MasterCard itself receives or the governmentmandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may\ndiffer from the rate that would have been used on the purchase date or cardholder statement posting date.\nA fee (finance charge), calculated in U.S. dollars, will be imposed on all multiple currency foreign transactions, including\npurchases, cash advances and credits to your account. A fee (finance charge), calculated in U.S. dollars, will be imposed\non all single currency foreign transactions, including purchases, cash advances and credits to your account. A foreign\ntransaction is any transaction that you complete or a merchant completes on your card outside of the United States, with\nthe exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates. The Foreign Transaction Fee is\nset forth on the Disclosure accompanying this Agreement.\n7. FEES \xe2\x80\x94 In addition to the periodic rate, the following additional fees may be imposed on your account. If applicable to\nyour account, the fee amounts and explanations are disclosed on the Disclosure accompanying this Agreement. Your\naccount may also be subject to additional fees as set forth on the Disclosure accompanying this Agreement.\na. Annual Fee. If your account is subject to an Annual Fee, the fee will be charged to your account. The fee may be\ncharged each year until your account is closed and/or paid in full.\nb. Balance Transfer Fee (Finance Charge). If your account is subject to a Balance Transfer Fee (finance charge), the\nfee as disclosed on the Disclosure accompanying this Agreement will be charged to your account when you transfer a\nbalance from an account of another creditor to the account subject to this Agreement.\nc. Cash Advance Fee (Finance Charge). If your account is subject to a Cash Advance Fee (finance charge), the fee will\nbe charged to your account when you obtain a cash advance from an ATM, the Credit Union or other financial institution.\nd. Foreign Transaction Fee (Finance Charge). If your account is subject to a Foreign Transaction Fee (finance charge),\na fee may be charged to your account for transactions made outside of the United States or in a foreign currency.\n\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0ce. Late Payment Fee. If your account is subject to a Late Payment Fee, the fee will be charged to your account when you\ndo not make the required minimum payment by or within the number of days of the statement Payment Due Date set forth\non the Disclosure accompanying this Agreement.\nf. Returned Payment Fee. If your account is subject to a Returned Payment Fee, the fee will be charged to your account\nwhen a payment is returned for any reason.\ng. Statement Copy Fee. If your account is subject to a Statement Copy Fee, except as limited by applicable law and when\nthe request is made in connection with a billing error made by the Credit Union, a fee may be charged to your account for\neach copy of a sales draft or statement that you request.\nh. Document Copy Fee. If your account is subject to a Document Copy Fee, except as limited by applicable law, a fee\nmay be charged to your account for each copy of a sales draft or statement that you request (except when the request is\nmade in connection with a billing error made by the Credit Union).\ni. Emergency Card Replacement Fee. If your account is subject to an Emergency Card Replacement Fee, a fee will be\ncharged to your account for each emergency replacement card that is issued to you.\nj. Card Replacement Fee. If your account is subject to a Card Replacement Fee, a fee will be charged for each\nreplacement card that is issued to you for any reason.\nk. Pay-by-Phone Fee. If your account is subject to the Pay-by-Phone Fee, a fee will be charged for each time you make\na payment by telephone as disclosed on the Disclosure accompanying this Agreement.\n8. PAYMENTS \xe2\x80\x94 Each month you must pay at least the minimum payment shown on your statement by the date specified\non the statement. You may pay more frequently, pay more than the minimum payment or pay the total new balance in full.\nIf you make extra or larger payments, you are still required to make at least the minimum payment each month your account\nhas a balance (other than a credit balance). The minimum payment is 2.00% of your total new balance, or $20.00, whichever\nis greater, plus the amount of any prior minimum payments that you have not made, all outstanding unpaid fees and charges,\nand any amount you are over your credit limit by the date specified on the statement. The Credit Union also has the right to\ndemand immediate payment of any amount by which you are over your credit limit. In accordance with applicable law, the\nCredit Union may not post payments to your account or reflect them in your available credit limit on the date they are\nreceived. The Credit Union may delay replenishing your credit limit until the date the payment is posted or the Credit Union\nconfirms the payment has cleared.\n9. PAYMENT ALLOCATION \xe2\x80\x94 Subject to applicable law, your payments may be applied to what you owe the Credit\nUnion in any manner the Credit Union chooses. However, in every case, in the event you make a payment in excess of the\nrequired minimum periodic payment, the Credit Union will allocate the excess amount first to the balance with the highest\nannual percentage rate and any remaining portion to the other balances in descending order based on applicable annual\npercentage rate.\n10. SECURITY INTEREST \xe2\x80\x94 You grant the Credit Union a security interest under the Uniform Commercial Code and under\nany common law rights the Credit Union may have in any goods you purchase. If you give the Credit Union a specific pledge\nof shares by signing a separate pledge of shares, your pledged shares will secure your account. You may not withdraw\namounts that have been specifically pledged to secure your account until the Credit Union agrees to release all or part of\nthe pledged amount.\nYour Account is secured by all other shares you have in any individual or joint account with the Credit Union,\nexcept for shares in an Individual Retirement Account or in any other account that would lose special tax\ntreatment under state or federal law if given as security. These other shares may be withdrawn unless you are\nin default under this agreement. You authorize the Credit Union to apply the balance in your individual or joint\nshare accounts to pay any amounts due on your Account if you should default.\nCollateral securing other loans you have with the Credit Union may also secure this loan, except that a dwelling will never\nbe considered as security for this account, notwithstanding anything to the contrary in any other agreement.\n11. DEFAULT \xe2\x80\x94 You will be in default if you fail to make any minimum payment or other required payment by the date that\nit is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you die,\nfile for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in default\nif you make any false or misleading statements in any credit application or credit update. You will also be in default if\nsomething happens that the Credit Union believes may substantially reduce your ability to repay what you owe.\nWhen you are in default, the Credit Union has the right to demand immediate payment of your full account balance without\ngiving you notice. If immediate payment is demanded, you agree to continue paying finance charges at the periodic rate\ncharged before default, until what you owe has been paid, and any shares that were given as security for your account may\nbe applied towards what you owe.\n12. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION \xe2\x80\x94 You agree to notify us immediately,\norally or in writing, at Attn: Support Services, PO Box 502080, San Diego, CA 92150-2080 or telephone (858) 495-1600\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0cseven (7) days a week, 24 hours a day or (877) 495-1600 seven (7) days a week, 24 hours a day, of the loss, theft, or\nunauthorized use of your credit card. You may be liable for the unauthorized use of your credit card. You will not be liable\nfor unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability\nfor unauthorized purchases made with your credit card, unless you are grossly negligent in the handling of your card. In any\ncase, your liability will not exceed $50.00.\n13. CHANGING OR TERMINATING YOUR ACCOUNT \xe2\x80\x94 As permitted by law, the Credit Union may change the terms of\nthis Agreement and any attached Disclosure from time to time. Notice of any change will be given in accordance with\napplicable law. If permitted by law and specified in the notice to you, the change will apply to your existing account balance\nas well as to future transactions.\nEither you or the Credit Union may terminate this Agreement at any time, but termination by you or the Credit Union will not\naffect your obligation to pay the account balance plus any finance and other charges you owe under this Agreement. Your\nobligation to pay the account balance plus any finance and other charges you owe under this agreement are subject to all\napplicable laws and regulations regarding repayment requirements. You are also responsible for all transactions made to\nyour account after termination, unless the transactions were unauthorized.\nThe card or cards you receive remain the property of the Credit Union and you must recover and surrender to the Credit\nUnion all cards upon request or upon termination of this Agreement whether by you or the Credit Union. If this is a joint\naccount, the paragraph on JOINT ACCOUNTS of this Agreement also applies to termination of the account.\n14. CHANGING OR TERMINATING AUTHORIZED USERS \xe2\x80\x94 Upon your request, we may issue additional cards for\nauthorized users that you designate. You must notify us in writing of any termination of an authorized user\'s right to access\nyour account. Your letter must include the name of the authorized user and your account number and/or any subaccount\nnumber issued to the authorized user along with the authorized user\'s card and any convenience or other access checks\nissued to the authorized user. If you cannot return the authorized user\'s card or access checks and if you request your\naccount to be closed, we will close your account and you may apply for a new account.\n15. CREDIT REVIEW AND RELEASE OF INFORMATION \xe2\x80\x94 You authorize the Credit Union to investigate your credit\nstanding when opening or reviewing your account. You authorize the Credit Union to disclose information regarding your\naccount to credit bureaus and creditors who inquire about your credit standing. If your account is eligible for emergency\ncash and/or emergency card replacement services, and you request such services, you agree that we may provide personal\ninformation about you and your account that is necessary to provide you with the requested service(s).\n16. RETURNS AND ADJUSTMENTS \xe2\x80\x94 Merchants and others who honor your card may give credit for returns or\nadjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your account. If your credits\nand payments exceed what you owe the Credit Union, the amount will be applied against future purchases and cash\nadvances. If the credit balance amount is $1.00 or more, it will be refunded upon your written request or automatically after\nsix months.\n17. ADDITIONAL BENEFITS/CARD ENHANCEMENTS \xe2\x80\x94 The Credit Union may from time to time offer additional services\nto your account, such as travel accident insurance, at no additional cost to you. You understand that the Credit Union is not\nobligated to offer such services and may withdraw or change them at any time.\n18. MERCHANT DISPUTES \xe2\x80\x94 The Credit Union is not responsible for the refusal of any merchant or financial institution\nto honor your card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or\nservices you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction from\nthe merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent\nor participated in sending to you; or (b) your purchase cost more than $50.00 and was made in your state or within 100\nmiles of your home.\n19. JOINT ACCOUNTS \xe2\x80\x94 If this is a joint account, each of you will be individually and jointly responsible for paying all\namounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay the\nentire amount owed under this Agreement. Each of you authorizes the other(s) to make purchases or cash advances\nindividually. Any one of you may terminate the account and the termination will be effective as to all of you.\n20. EFFECT OF AGREEMENT \xe2\x80\x94 This Agreement is the contract which applies to all transactions on your account even\nthough the sales, cash advances, credit or other slips you sign or receive may contain different terms.\n21. NO WAIVER \xe2\x80\x94 The Credit Union can delay enforcing any of its rights any number of times without losing them.\n22. STATEMENTS AND NOTICES \xe2\x80\x94 Statements and notices will be mailed or delivered to you at the appropriate address\nyou have given the Credit Union. Notice sent to any one of you will be considered notice to all.\n23. SEVERABILITY AND FINAL EXPRESSION \xe2\x80\x94 This Agreement and the Disclosure are the final expression of the terms\nand conditions of your account. This written Agreement and Disclosure may not be contradicted by evidence of any alleged\noral agreement. Should any part of this Agreement or the Disclosure be found to be invalid or unenforceable, all other parts\nof this Agreement and Disclosure shall remain in effect and fully enforceable to the fullest extent possible under this\nAgreement.\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0c24. COPY RECEIVED \xe2\x80\x94 You acknowledge that you have received a copy of this Agreement and Disclosure.\n25. GAMBLING TRANSACTIONS PROHIBITED \xe2\x80\x94 You may not use your card to initiate any type of gambling transaction.\n26. PENALTY RATE DISCLOSURES \xe2\x80\x94 If applicable to your account, all rates for your account, including the rates for\npurchases, cash advances, and balance transfers, will increase to the Penalty Rate when you meet one or more of the\nconditions as set forth in the Disclosure accompanying this Agreement. Any rate increases applied to your account are\nsubject to applicable notice requirements. Please refer to the Disclosure for additional information regarding the Penalty\nRate.\n27. VOLUNTARY PAYMENT PROTECTION \xe2\x80\x94 We may offer Voluntary Payment Protection to you. Voluntary Payment\nProtection is not necessary to obtain credit. If you purchase Voluntary Payment Protection from us, you authorize us to add\nthe fees or insurance charges monthly to your loan balance and charge you interest on the entire balance. At our option we\nwill change your payment or the period of time necessary to repay the loan balance. The rate used to determine the fees or\ninsurance charges may change in the future. If the rate changes, we will provide any notices required by applicable law.\n28. NOTICE TO UTAH BORROWERS \xe2\x80\x94 This written agreement is a final expression of the agreement between you and\nthe Credit Union. This written agreement may not be contradicted by evidence of any oral agreement.\n29. THE FOLLOWING IS REQUIRED BY VERMONT LAW \xe2\x80\x94 NOTICE TO CO-SIGNER \xe2\x80\x94 YOUR SIGNATURE ON THIS\nNOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES\nNOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.\nYour Billing Rights: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at the address listed on your statement.\nIn your letter, give us the following information:\n- Account information: Your name and account number.\n- Dollar amount: The dollar amount of the suspected error.\n- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\nYou must contact us:\n- Within 60 days after the error appeared on your statement.\n- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you\nthink is wrong.\nYou must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to\ninvestigate any potential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is\ncorrect.\nWhile we investigate whether or not there has been an error:\n- We cannot try to collect the amount in question, or report you as delinquent on that amount.\n- The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n- We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest\nand fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you\nas delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still\nrefuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We\nmust tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when\nthe matter has been settled between us.\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0cIf 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\ncorrect.\nYour Rights if You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good\nfaith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on\nan advertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at\nthe address listed on your statement.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation,\nwe 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\ndelinquent.\nNOTICE OF NEGATIVE INFORMATION \xe2\x80\x94 Federal law requires us to provide the following notice to members before any\n\xe2\x80\x9cnegative information\xe2\x80\x9d may be furnished to a nationwide consumer reporting agency. We may report information about your\naccount to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your\ncredit report.\n\nDCAUB1 (MXC502 CCM003)\nG-16236\nSF0228 (06/01/16)\n\n\x0c'


b'9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nImportant Information Regarding Electronic\nCommunication\nRead this information carefully and keep a copy\nfor your records\nPrior to applying for a Boscov\'s Credit Card, Comenity Capital Bank requests your consent to provide you important information\nelectronically.\nYou understand and agree that Comenity Capital Bank may provide you with all required application disclosures regarding\nyour Boscov\'s Credit Card application in electronic form. These disclosures include, but are not limited to, Terms and\nConditions, the Credit Card Account Agreement and Customer Privacy Statement.\nYou agree to keep us updated at all times with your current contact information. If your contact information has changed\nplease contact us at 1-844-271-2778 (TDD/TTY: 1-888-819-1918).\nThis consent does not enroll you in paperless statements. In order to enroll in paperless statements, please visit Account\nCenter.\nAt your request, we will provide you with paper copies of these disclosures. You have the right to withdraw consent, without a\nfee. Please call us at 1-844-271-2778 (TDD/TTY: 1-888-819-1918) to withdraw your consent to receive electronic disclosures.\nIn order to receive electronic communications and to obtain the best view of these communications you will need access to\nthe Internet, have a web browser which supports HTML, SSL-encryption, JavaScript, CSS, the capability to download and\nprint these disclosures, and Adobe Reader to view PDF files. You may download it for free at https://get.adobe.com/reader/.\nVisit the Common Security Questions page for additional web browser information. By selecting the "Submit" button, you\nconfirm that your system meets these requirements and that you have the capability to access and download or print\nelectronic disclosures.\nWe recommend that you retain a copy of these disclosures for your records.\nIf this is a kiosk, this kiosk will display the disclosures listed above. Printed copies can be obtained at the customer service desk.\nNote: Your Boscov\'s Credit Card account is issued by Comenity Capital Bank Please review Comenity Bank\'s Financial Privacy\nPolicy and Online and California Privacy Policy for more information. California Residents: Submit a Data Request Form to make a\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n1/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nDo Not Sell My Personal Information request.\nRate and Fee Summary\nThis Rate and Fee Summary (Summary) is part of the Credit Card Agreement (Agreement) for the Boscov\'s Credit Card Account. Read\nit and keep it.\n\nInterest Rates and Interest\nCharges\nAnnual Percentage Rate (APR)\n\n25.99%\n\nfor Purchases\n\nThis APR will vary with the market based on the Prime Rate.\n\nYo u r d u e d a t e i s a t l e a s t 2 5 d a y s a f t e r t h e c l o s e o f e a c h b i l l i n g p e r i o d . W e w i l l n o t\nH o w t o Av o i d P a y i n g I n t e r e s t\n\ncharge you interest on purchases if you pay your entire balance by the due date\neach month. If you do not, you will not get a grace period on purchases again until\ny o u p a y t h e e n t i r e b a l a n c e b y t h e d u e d a t e f o r t w o b i l l i n g p e r i o d s i n a r o w.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1 per credit plan.\n\nFor Credit Card Tips from the\n\nTo l e a r n m o r e a b o u t f a c t o r s t o c o n s i d e r w h e n a p p l y i n g f o r o r u s i n g a c r e d i t\n\nConsumer Financial Protection\n\ncard, visit the website of the Consumer Financial Protection Bureau at http://ww\n\nBureau\n\nw. c o n s u m e r f i n a n c e . g o v / l e a r n m o r e .\n\nFees\nAnnual Fee\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\nNone\n\nUp to $40\nUp to $25\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n2/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nH o w W e W i l l C a l c u l a t e Yo u r B a l a n c e : W e u s e a m e t h o d c a l l e d \xe2\x80\x9c d a i l y b a l a n c e ( i n c l u d i n g c u r r e n t t r a n s a c t i o n s ) . \xe2\x80\x9d R e v i e w\nyour Agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your\nAgreement.\nWisconsin Residents: If you are married, contact us upon receipt of this Agreement at the General phone number in the How to Contact\nUs section below and give us your spouse\xe2\x80\x99s name and address.\nP r i n t D a t e : T h i s S u m m a r y w a s p r i n t e d S e p t e m b e r 2 0 2 1 . T h e i n f o r m a t i o n w a s a c c u r a t e a s o f t h a t d a t e b u t m a y h a v e c h a n g e d . To f i n d o u t\nm o r e , c o n t a c t u s a t t h e G e n e r a l m a i l i n g a d d r e s s o r p h o n e n u m b e r i n t h e H o w t o C o n t a c t U s s e c t i o n b e l o w.\nI s s u e r N a m e : Yo u r C a r d i s i s s u e d b y C o m e n i t y C a p i t a l B a n k .\nG o v e r n i n g L a w : T h i s l o a n i s m a d e i n U t a h a n d t h i s A g r e e m e n t i s g o v e r n e d b y U t a h a n d f e d e r a l l a w.\nRate Information: The following chart provides details on your rates as of the Print Date shown above. If this Agreement was provided\nat point of sale, review the Agreement with your welcome package for variable rate information in effect within 30 days of mailing.\n\nPurchases\n\nAPR\n\nDaily Periodic Rate\n\nMargin\n\n25.99% (v)\n\n0.0712%\n\n22.74%\n\n(v) = variable\nAnnual Fee: If there is an Annual Fee in the Fees table above, this fee will be charged with the close of your first billing period and\na n n u a l l y t h e r e a f t e r. W e w i l l r e f u n d t h i s f e e i f y o u c l o s e y o u r A c c o u n t w i t h i n 3 0 d a y s o f t h e m a i l i n g o r d e l i v e r y d a t e o f t h e s t a t e m e n t o n\nwhich the fee appears. The fee is otherwise non-refundable.\nLate Fee: If you do not pay the Minimum Payment by the Due Date, we charge a Late Fee. The fee is $29 if you were not charged a\nL a t e F e e d u r i n g t h e p r i o r s i x b i l l i n g p e r i o d s . O t h e r w i s e , i t i s $ 4 0 . T h i s f e e w i l l n o t e x c e e d t h e a m o u n t p e r m i t t e d b y l a w.\nReturned Payment Fee: If you make a payment that is not honored, we charge a Returned Payment Fee even if the payment is honored\no n r e s u b m i s s i o n . T h e f e e i s $ 2 5 . T h i s f e e w i l l n o t e x c e e d t h e a m o u n t p e r m i t t e d b y l a w.\nAlternative Payment Method Fee: We may allow you to make an expedited payment over the phone. If you do, we may charge a fee.\nC u r r e n t l y, t h a t f e e i s u p t o $ 1 5 . W e \xe2\x80\x99 l l l e t y o u k n o w t h e c u r r e n t f e e b e f o r e y o u a u t h o r i z e a n y p a y m e n t a n d y o u c a n w i t h d r a w y o u r r e q u e s t\nif you don\xe2\x80\x99t want to pay the fee.\nPromotional Credit Plans for Boscov\'s Credit Card: Purchases made at a participating Boscov\'s location on a Boscov\'s Credit Card\nA c c o u n t m a y q u a l i f y f o r a P r o m o t i o n a l C r e d i t P l a n a s d e s c r i b e d b e l o w. A s o f t h e P r i n t D a t e , y o u r P u r c h a s e A P R i s 2 5 . 9 9 % , b a s e d o n t h e\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n3/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nPrime Rate.\nCurrent offers may include:\nWa i v e d I n t e r e s t , P a y m e n t R e q u i r e d : N o I n t e r e s t f o r 6 o r 1 2 m o n t h s . A f t e r t h a t t h e P u r c h a s e A P R w i l l a p p l y t o a n y r e m a i n i n g p l a n\nbalance.\nWa i v e d I n t e r e s t , E q u a l P a y m e n t : N o I n t e r e s t f o r 1 8 , 2 4 , 3 6 , 4 8 , o r 6 0 m o n t h s . A f t e r t h a t t h e P u r c h a s e A P R w i l l a p p l y t o a n y r e m a i n i n g\nplan balance.\nApplicable to All Promotional Credit Plans\nAv a i l a b l e p l a n s a n d o f f e r t e r m s a r e s u b j e c t t o c h a n g e . P l a n a v a i l a b i l i t y m a y b e l i m i t e d t o c e r t a i n l o c a t i o n s . F o r m o r e\ninformation, visit a participating Boscov\'s location.\n\nMinimum payments are required for each Credit Plan. Review the Minimum Payment section below for more details.\n\nM i n i m u m p a y m e n t s a r e n o t g u a r a n t e e d t o p a y t h e p r o m o t i o n a l p l a n b a l a n c e w i t h i n t h e p r o m o t i o n a l p e r i o d . Yo u m a y h a v e t o p a y\nmore than the minimum payment to avoid paying interest at the purchase APR. Some balances may be paid off before the\npromotional period ends.\n\nYo u r m i n i m u m p a y m e n t m a y b e h i g h e r t h a n i f y o u d i d n o t s e l e c t p r o m o t i o n a l f i n a n c i n g .\n\nVa l i d f o r s i n g l e t r a n s a c t i o n o n l y. I f t h e s i n g l e t r a n s a c t i o n h a s m u l t i p l e s h i p m e n t s , e a c h s h i p m e n t m a y r e s u l t i n a s e p a r a t e C r e d i t\nPlan, subject to a separate minimum purchase requirement and minimum interest charge.\n\nM i n i m u m P a y m e n t : Yo u m a y p a y t h e e n t i r e A c c o u n t b a l a n c e a t a n y t i m e . Yo u m u s t p a y a t l e a s t t h e M i n i m u m P a y m e n t e a c h b i l l i n g p e r i o d\nby the Due Date on your statement.\nIf the New Balance on your statement is less than $29 (or $35 if you were charged a Late Fee during the prior six billing periods), the\nMinimum Payment is the New Balance. If the New Balance is more than $29 (or $35 if you were charged a Late Fee during the prior six\nbilling periods), the Minimum Payment is the Past Due amount plus the sum of the amounts due on each Credit Plan as follows:\nRegular Purchase, Deferred Interest,\nP a y m e n t R e q u i r e d a n d Wa i v e d I n t e r e s t ,\n\n5% of plan balance at end of billing period rounded up to nearest $1 (minimum $5)\n\nPayment Required\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n4/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nDeferred Interest, Equal Payment and\n\nPurchase amount divided by number of months in promotional period rounded up to nearest\n\nWa i v e d I n t e r e s t , E q u a l P a y m e n t\n\n$1 (minimum $5)\nPurchase amount including calculated interest charges from purchase date through end of\n\nLow APR, Equal Payment\n\npromotional period divided by number of months in promotional period rounded up to\nnearest $1 (minimum $5)\n\nDeferred Interest, Low Payment and\nWa i v e d I n t e r e s t , L o w P a y m e n t\n\n1% of plan balance at end of billing period rounded up to nearest $1 (minimum $5)\n\nBudget Payment or Open Charge Budget\n\nMonthly payments of $49, $99, $149, $199 or $299, as specified in offer based on\n\nPayment\n\ntransaction amount\n\nOpen Charge (except Open Charge Budget\nPayment)\n\nDependent upon above for corresponding Credit Plan\nIf your balance increases during the Open Charge Period, your Minimum Payment will\nincrease\n\nHow to Contact Us:\nArbitration Claims\n\nComenity Capital Bank, PO Box 182436, Columbus, OH 43218-2436\n\nArbitration Rejection\n\nComenity Capital Bank, PO Box 182422, Columbus, OH 43218-2422\n\nBankruptcy Notifications\n\nComenity Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, OH 43218-3043\n\nBilling Errors\n\nComenity Capital Bank, PO Box 182620, Columbus, OH 43218-2620\n\nCredit Reporting Disputes\n\nComenity Capital Bank, PO Box 182120, Columbus, OH 43218-2120\n\nDisputed Debts\n\n6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004\nCredit Card Customer Care:\n\xe2\x80\xa2 Boscov\'s: 1-844-271-2778\n\nGeneral\n\n\xe2\x80\xa2 T D D / T T Y: 1 - 8 8 8 - 8 1 9 - 1 9 1 8\n\xe2\x80\xa2 c o m e n i t y. n e t / b o s c o v s\n\xe2\x80\xa2 Comenity Capital Bank, PO Box 183003, Columbus, OH 43218-3003\nW h e n w r i t i n g , i n c l u d e y o u r n a m e , a d d r e s s , p h o n e n u m b e r a n d A c c o u n t n u m b e r.\n\nCredit Card Agreement\nT h i s A g r e e m e n t , i n c l u d i n g t h e S u m m a r y, i s y o u r c o n t r a c t w i t h u s . R e a d i t a n d k e e p i t .\nA c c e p t a n c e : Yo u a c c e p t t h i s A g r e e m e n t i f y o u u s e t h e A c c o u n t o r y o u d o n o t c a n c e l y o u r A c c o u n t w i t h i n 3 0 d a y s a f t e r d e l i v e r y o f t h e\nA g r e e m e n t . Yo u r s i g n a t u r e o n a n y a p p l i c a t i o n o r s o l i c i t a t i o n f o r t h i s A c c o u n t o r o t h e r e v i d e n c e o f i n d e b t e d n e s s o n y o u r A c c o u n t i s y o u r\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n5/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nsignature on this Agreement.\nA r b i t r a t i o n : T h i s A g r e e m e n t i n c l u d e s a n A r b i t r a t i o n P r o v i s i o n w i t h c l a s s a c t i o n a n d j u r y t r i a l w a i v e r s . Yo u c a n r e j e c t t h e A r b i t r a t i o n\nProvision. If you do not, it will be part of this Agreement.\nChanges: The rates, fees and terms of this Agreement may change and we may add or delete any term. We will give you advance\nn o t i c e a n d a r i g h t t o r e j e c t , i f r e q u i r e d b y l a w.\n\nDefinitions\nAccount: the credit card account with us under this Agreement.\nAuthorized User: any person you allow to use your Account.\nCard: one or more cards or access devices, including your Account number or virtual card, we issue to you, or someone you authorize,\nto get credit under this Agreement.\nCash Advance: if applicable, the use of your Account to:\ng e t c a s h f r o m a n AT M , f i n a n c i a l i n s t i t u t i o n o r o t h e r l o c a t i o n ;\n\nb u y l o t t e r y t i c k e t s , m o n e y o r d e r s , f o r e i g n c u r r e n c y, g i f t c a r d s o r s i m i l a r i t e m s ;\n\nget cash or pay someone using a check we offer for that purpose;\n\nmake any other transaction the merchant codes as a cash advance, money transfer or gambling.\n\nBalance transfers are Cash Advances unless we tell you otherwise.\nCredit Plan: each balance subject to different financing terms, such as regular purchases, Cash Advances, and promotional plans.\nMargin: the amount added to the Prime Rate to determine a variable APR.\nP r i m e R a t e : t h e U . S . P r i m e R a t e i n t h e M o n e y R a t e s s e c t i o n o f T h e Wa l l S t r e e t J o u r n a l o n t h e l a s t b u s i n e s s d a y o f t h e c a l e n d a r m o n t h .\nWe, us or our: the issuer of your Card and its successors and assignees.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n6/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nYo u , y o u r o r y o u r s : e a c h p e r s o n w h o s u b m i t s a n a p p l i c a t i o n o r s o l i c i t a t i o n f o r a n A c c o u n t a n d a n y o t h e r p e r s o n c o n t r a c t u a l l y l i a b l e\nunder this Agreement.\n\nU s i n g Yo u r A c c o u n t\nYo u a g r e e t o u s e y o u r A c c o u n t i n a c c o r d a n c e w i t h t h i s A g r e e m e n t . Yo u a g r e e t o p a y u s f o r a l l a m o u n t s d u e o n\nYo u r A g r e e m e n t\n\ny o u r A c c o u n t , i n c l u d i n g c h a r g e s m a d e b y A u t h o r i z e d U s e r s . Yo u a g r e e n o t t o u s e y o u r A c c o u n t f o r i l l e g a l\ntransactions.\n\nUse of Account\n\nAuthorized Users\n\nJoint Accounts\n\nCredit Authorizations\n\nCredit Limit\n\nYo u m a y u s e y o u r A c c o u n t t o m a k e p u r c h a s e s a n y w h e r e t h e C a r d i s a c c e p t e d . I f y o u r C a r d h a s t h e l o g o o f o n e\nof our network providers (e.g., Visa and Mastercard), you may use your Account to make Cash Advances.\nYo u m a y r e q u e s t C a r d s f o r A u t h o r i z e d U s e r s . Yo u m u s t n o t i f y u s i f y o u w i s h t o c a n c e l t h e a u t h o r i t y o f a n\nAuthorized User to use your Account.\nIf this is a joint Account, each of you agrees to be individually and jointly liable for the entire amount owed. Any\nnotice we send to either of you will serve as notice to both of you.\nWe may decline to authorize a transaction for any reason. We will not be liable to you if we do or if anyone\nrefuses any use of your Card.\nWe will tell you your credit limit or limits. Keep your balance below your credit limit or limits. If you do not, you\nmust still pay us. We may change your credit limit or limits at any time, without notice.\n\nPromotional Credit\n\nWe may offer special financing terms, such as deferred interest, waived interest, low APR or equal payment\n\nPlans\n\noptions. The Credit Plan or Plans will be subject to the terms of the offer and this Agreement.\nApplications (apps) on electronic devices (such as mobile wallets) can store your Card and be used to get credit\n\nElectronic Access\n\nunder this Agreement. Such transactions are covered by this Agreement. Apps may have separate terms of use.\nWe are not responsible for any consequences from your violation of those terms.\n\nAPRs and Interest Based on APRs\nReview your Summary for the APRs that apply to your Account\nWe add the applicable Margin specified in the Rate Information chart on the Summary to the Prime Rate to\nd e t e r m i n e Va r i a b l e A P R s . Va r i a b l e A P R s i n c r e a s e o r d e c r e a s e w h e n t h e P r i m e R a t e c h a n g e s b u t w i l l n o t e x c e e d\nVa r i a b l e A P R s\n\nany Maximum APR specified in the Rate Information chart.\nAny APR change will take effect on the first day of the billing period that begins after the Prime Rate changes.\nIncreased APRs will increase your interest charges and may increase your Minimum Payment.\n\nDaily Balance Method We calculate interest for each Credit Plan each day by applying the applicable daily periodic rate to the daily\n(including current\n\nbalance. The daily periodic rate is the APR for the Credit Plan divided by 365.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n7/26\n\n\x0c9/9/2021\n\ntransactions)\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nWe start with the beginning balance each day (including unpaid interest and fees).\nWe add new transactions and fees to the applicable Credit Plan. We add transaction fees to the same Credit\nPlan as the transaction. We add all other fees to the regular purchase Credit Plan.\nWe subtract new credits and payments from the applicable Credit Plan and make other adjustments to get the\npartial daily balance.\nWe multiply the partial daily balance by the daily periodic rate to get the daily interest.\nWe add the daily interest to the partial daily balance to get the daily balance. This results in daily compounding\nof interest.\nWe add all the daily interest to get the total interest for the Credit Plan for the billing period. For a Deferred\nInterest Credit Plan, this interest is deferred.\nWe round interest to the nearest cent.\nCharging Interest: Interest begins on a transaction, fee or interest from the day added to the daily balance until\npaid in full.\nH o w t o Av o i d P a y i n g I n t e r e s t o n R e g u l a r P u r c h a s e s ( G r a c e P e r i o d ) : I f y o u d i d n o t h a v e a P r e v i o u s B a l a n c e ,\nor if you paid the New Balance on your previous statement by the Due Date on that statement, we will not\ncharge interest on new regular purchases, or any portion thereof, paid by the Due Date on your current\nstatement. If you have promotional Credit Plans and/or balance transfers, we may exclude some of those\nb a l a n c e s f r o m t h e a m o u n t y o u h a v e t o p a y i n a b i l l i n g p e r i o d t o k e e p y o u r G r a c e P e r i o d . H o w e v e r, y o u m u s t p a y\n(i) any required minimum payment on such balances, (ii) the full amount of any Cash Advances and (iii) the full\namount of any promotional Credit Plan that expires in that billing period.\nYo u C o u l d L o s e Yo u r G r a c e P e r i o d : I f y o u d o n o t p a y y o u r N e w B a l a n c e i n f u l l e a c h b i l l i n g p e r i o d , t h e n ,\n\nInterest\n\ndepending on how we apply your payment, you may not get a Grace Period on new regular purchases. Once you\nlose your Grace Period, you can get it back by paying the New Balance (less any promotional Credit Plans and/or\nbalance transfers as described above plus any interest charged up to the date the payment posts) in full for two\nb i l l i n g p e r i o d s i n a r o w.\nWa i v e d I n t e r e s t C r e d i t P l a n : W e d o n o t i m p o s e i n t e r e s t o n p l a n b a l a n c e s d u r i n g t h e p r o m o t i o n a l p e r i o d . A f t e r\nthe promotional period, any remaining balance is added to the regular purchase balance and is subject to interest\nat the then-current rate for regular purchases.\nDeferred Interest Credit Plan: Interest accrues on plan balances from the transaction date. We do not impose\nthat interest if you pay the balance in full by the end of the promotional period. After the promotional period, any\nremaining balance and interest from the transaction date is added to the regular purchase balance and is subject\nto interest at the then-current rate for regular purchases.\n\nPayments\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n8/26\n\n\x0c9/9/2021\n\nPayment Instructions\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nWe credit payments in accordance with the terms on your statement. Review your statement for details.\nPay in U.S. dollars, in funds on deposit in the U.S. If you don\xe2\x80\x99t, we may refuse your payment or charge you our\ncosts to collect the funds.\n\nHow We Apply\nPayments\n\nWe apply payments up to the Minimum Payment at our discretion, which may result in balances at lower APRs\nbeing paid first and higher interest charges. Payments over the Minimum Payment will be applied in accordance\nw i t h l a w.\n\nOther Information\nYo u a r e i n d e f a u l t i f :\n\xe2\x80\xa2 you fail to comply with this Agreement or any other agreement with us or an affiliate;\n\xe2\x80\xa2 a bankruptcy or other insolvency proceeding is filed by or against you;\nDefault\n\n\xe2\x80\xa2 we reasonably believe you are unable or unwilling to repay us;\n\xe2\x80\xa2 you die or are legally incompetent or incapacitated;\n\xe2\x80\xa2 you give us misleading, false, incomplete or incorrect information or fail to give us any information we deem\nn e c e s s a r y.\nIf you are in default, we may declare the entire balance immediately due and payable without notice.\n\nCollection Costs\n\nPrivacy Policy\n\nI f w e u s e a n a t t o r n e y t o c o l l e c t y o u r A c c o u n t , w e m a y c h a r g e y o u o u r c o s t s i f a n d a s p e r m i t t e d b y l a w. T h e s e\nmay include reasonable attorneys\xe2\x80\x99 fees and court costs.\nYo u a u t h o r i z e u s t o s h a r e i n f o r m a t i o n a b o u t y o u a n d y o u r A c c o u n t a s p e r m i t t e d b y l a w. R e v i e w o u r P r i v a c y\nStatement for details about our information sharing practices.\nWe may check your credit, employment and income records in connection with an application, update, renewal or\ne x t e n s i o n o f c r e d i t o n y o u r A c c o u n t ( i n c l u d i n g c o l l e c t i o n s a n d d i s p u t e i n v e s t i g a t i o n s ) . Yo u c o n s e n t t o o u r\n\nCredit Reporting\n\nobtaining such records by submitting an application or solicitation. Upon request, we will tell you the name and\naddress of any credit reporting agency that furnished a report on you. We may report Account status and\npayment history to credit reporting agencies, other creditors and the company whose name or brand appears on\nyour Card.\nNotify us immediately at the General mailing address or phone number in the How to Contact Us section of the\n\nUnauthorized Use\n\nSummary and assist us in our investigation if your Card is lost or stolen or you believe someone is using your\nCard without your permission.\n\nC l o s i n g Yo u r A c c o u n t\nF o r e i g n Tr a n s a c t i o n s\n\nYo u m a y c l o s e y o u r A c c o u n t a t a n y t i m e . Yo u r e m a i n r e s p o n s i b l e f o r a n y a m o u n t o w e d u n d e r t h i s A g r e e m e n t . W e\nmay close, suspend or not renew your Account at any time, for any reason, without notice.\nIf applicable, transactions in foreign currency are converted to U.S. dollars by our network providers (e.g., Visa\na n d M a s t e r c a r d ) u s i n g t h e i r p r o c e d u r e s i n e f f e c t w h e n t h e t r a n s a c t i o n i s p r o c e s s e d . C u r r e n t l y, t h e y u s e a\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n9/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\ngovernment-mandated or wholesale rate. These procedures may change without notice.\nThe conversion rate you get may differ from the rate on the transaction or post date and from the rate our\nn e t w o r k p r o v i d e r g e t s . A t h i r d p a r t y m a y c o n v e r t a t r a n s a c t i o n i n t o U . S . d o l l a r s o r a n o t h e r c u r r e n c y, u s i n g a r a t e\nt h e y s e l e c t , b e f o r e s e n d i n g i t t o o u r n e t w o r k p r o v i d e r.\nF o r a n y t r a n s a c t i o n m a d e o r p r o c e s s e d o u t s i d e t h e U . S . o r i n a f o r e i g n c u r r e n c y, w e c h a r g e a f e e i n t h e a m o u n t\no n t h e S u m m a r y.\nConformance with\nLaw; Severability\nN o Wa i v e r\nAssignment\n\nI f a n y p a r t o f t h i s A g r e e m e n t c o n f l i c t s w i t h a p p l i c a b l e l a w, t h a t p r o v i s i o n w i l l b e c o n s i d e r e d m o d i f i e d t o c o n f o r m\nt o a p p l i c a b l e l a w. I f a n y p a r t o f t h i s A g r e e m e n t i s i n v a l i d , t h e r e s t s h a l l r e m a i n i n e f f e c t , e x c e p t a s o t h e r w i s e\nnoted in the Arbitration Provision.\nWe will not lose our rights under this Agreement because we delay or do not enforce them.\nW e m a y a s s i g n a n y o r a l l o f o u r r i g h t s a n d o b l i g a t i o n s u n d e r t h i s A g r e e m e n t t o a t h i r d p a r t y. Yo u m a y n o t a s s i g n\nany of your rights or obligations under this Agreement.\n\nN e w J e r s e y R e s i d e n t s A l l p r o v i s i o n s o f t h i s a g r e e m e n t a r e v a l i d , e n f o r c e a b l e a n d a p p l i c a b l e i n N e w J e r s e y.\n\nCommunications with Us\nM o n i t o r i n g a n d R e c o r d i n g : Yo u r c o m m u n i c a t i o n s w i t h u s a n d o u r a f f i l i a t e s , s e r v i c e r s , a g e n t s a n d c o n t r a c t o r s m a y b e m o n i t o r e d o r\nrecorded. Inform Authorized Users and persons acting on your behalf or making payments on this Account of this provision.\nC o m m u n i c a t i o n A u t h o r i z a t i o n : Yo u g i v e d i r e c t c o n s e n t t o u s a n d o u r a f f i l i a t e s , s e r v i c e r s , a g e n t s a n d c o n t r a c t o r s , i n c l u d i n g c o l l e c t i o n\nagents, to communicate with you in any way to service or collect your Account, such as calling, texting or email via:\nany phone number you give us even if the number is or converts to a mobile phone number;\n\nany other number you provide, use to contact us or may utilize;\n\na n y o t h e r d e v i c e o r s e r v i c e f o r w h i c h y o u m a y b e c h a r g e d f o r t h e c a l l , i n c l u d i n g Vo i c e O v e r I n t e r n e t P r o t o c o l ( V O I P ) ; a n d\n\nany email address you provide to us or any other person or company that provides any services in connection with this Agreement.\n\nS u b j e c t t o a n y r e s t r i c t i o n s o f a p p l i c a b l e l a w, w e m a y c o n t a c t y o u u s i n g a u t o m a t e d t e l e p h o n e d i a l i n g s y s t e m s a n d / o r p r e - r e c o r d e d o r\nartificial voice messages and any other form of communication.\nCommunications may result in additional mobile, text message, data or other charges.\nYo u m a y c h a n g e y o u r p r e f e r e n c e s b y c a l l i n g t h e G e n e r a l p h o n e n u m b e r o n t h e S u m m a r y.\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n10/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nDisputed Debts: All written communications about disputed amounts, including any check or payment instrument marked \xe2\x80\x9cpayment in full\xe2\x80\x9d\no r s i m i l a r, m u s t b e s e n t t o t h e a d d r e s s f o r D i s p u t e d D e b t s o n t h e S u m m a r y. W e m a y a c c e p t p a y m e n t s s e n t t o a n y o t h e r a d d r e s s w i t h o u t\nlosing our rights.\nBankruptcy Notifications: Send bankruptcy notices and related correspondence to the address for Bankruptcy Notifications on the\nS u m m a r y.\nC h a n g e s : Yo u a g r e e t o n o t i f y u s a t t h e G e n e r a l p h o n e n u m b e r o r a d d r e s s o n t h e S u m m a r y o r b y u p d a t i n g y o u r i n f o r m a t i o n o n A c c o u n t\nC e n t e r i m m e d i a t e l y u p o n c h a n g i n g y o u r n a m e , e m a i l a d d r e s s , m a i l i n g a d d r e s s o r p h o n e n u m b e r.\nC o m m u n i c a t i o n i n L a n g u a g e s O t h e r T h a n E n g l i s h : Yo u a g r e e t o r e c e i v e a l l A c c o u n t c o m m u n i c a t i o n s i n E n g l i s h . W e m a y, a t o u r o p t i o n ,\nc o m m u n i c a t e w i t h y o u i n o t h e r l a n g u a g e s a s a c o u r t e s y. W e m a y s t o p c o m m u n i c a t i n g w i t h y o u i n n o n - E n g l i s h l a n g u a g e s a t a n y t i m e .\nWhile we try to ensure accuracy of translations, we are not responsible for any inaccuracies in translation or misunderstandings due to\ndifferences in usage or dialect. In the event of inconsistency between the English version and the translation, the English version will\ncontrol.\n\nNotice for Active Duty Military Members and Their Dependents\nThe following disclosures apply to you if, in connection with opening your Account, we determine you are a \xe2\x80\x9ccovered borrower\xe2\x80\x9d as\ndefined in the Military Lending Act, which includes eligible active duty members of the Armed Forces and their dependents:\nT h e p r o v i s i o n o f t h i s A g r e e m e n t t i t l e d \xe2\x80\x9c A r b i t r a t i o n a n d J u r y Tr i a l Wa i v e r \xe2\x80\x9d d o e s n o t a p p l y t o y o u .\n\nFederal law provides important protections to members of the Armed Forces and their dependents relating to extensions of\nconsumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not\nexceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The\ncosts associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any\napplication fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee\ncharged (other than certain participation fees for a credit card account).\n\nTo h e a r i n f o r m a t i o n a b o u t t h e s e p r o t e c t i o n s a n d a d e s c r i p t i o n o f y o u r p a y m e n t o b l i g a t i o n s , c a l l t o l l f r e e a t 1 - 8 6 6 - 2 3 0 - 0 4 1 8 ( o r a t\nthe General TDD/TTY number on the Summary).\n\nA r b i t r a t i o n a n d J u r y Tr i a l Wa i v e r\nKey Provisions\n\nP l e a s e r e v i e w t h e f o l l o w i n g i m p o r t a n t p r o v i s i o n s c a r e f u l l y. P a y s p e c i a l a t t e n t i o n t o P a r a g r a p h s :\n\xe2\x80\xa2 A : J u r y Tr i a l Wa i v e r ;\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n11/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\n\xe2\x80\xa2 C: Arbitration Provision;\n\xe2\x80\xa2 C.1: Right to Reject;\n\xe2\x80\xa2 C . 6 : C o u r t a n d J u r y Tr i a l s P r o h i b i t e d ; O t h e r L i m i t a t i o n s o n L e g a l R i g h t s ; a n d\n\xe2\x80\xa2 C . 7 : C l a s s A c t i o n Wa i v e r.\nTo t h e e x t e n t p e r m i t t e d b y l a w, y o u a n d w e w a i v e a n y r i g h t t o t r i a l b y j u r y i n t h e e v e n t o f a l a w s u i t a r i s i n g\nA . J u r y Tr i a l Wa i v e r\n\nout of or related to this Agreement. This jury trial waiver shall not affect the Arbitration Provision below\n( i n c l u d i n g t h e j u r y t r i a l w a i v e r c o n t a i n e d t h e r e i n ) . Yo u a n d w e e a c h r e p r e s e n t t h a t t h i s w a i v e r i s g i v e n\nk n o w i n g l y, w i l l i n g l y a n d v o l u n t a r i l y.\nPrior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to this\nA g r e e m e n t ( a s f u r t h e r d e f i n e d b e l o w, \xe2\x80\x9c C l a i m \xe2\x80\x9d ) , t h e p a r t y a s s e r t i n g t h e C l a i m ( \xe2\x80\x9c C l a i m a n t \xe2\x80\x9d ) s h a l l g i v e t h e o t h e r\np a r t y ( \xe2\x80\x9c D e f e n d a n t \xe2\x80\x9d ) w r i t t e n n o t i c e o f t h e C l a i m ( \xe2\x80\x9c C l a i m N o t i c e \xe2\x80\x9d ) a n d a r e a s o n a b l e o p p o r t u n i t y, n o t l e s s t h a n 3 0\ndays, to resolve the Claim. Any Claim Notice to you shall be sent to the address we have in our records (or any\nupdated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to the address\n\nB. Notice and Cure\n\nfor Arbitration Claims on the Summary (or any updated address we subsequently provide). Any Claim Notice you\nsend must provide your name, address and Account number and explain the nature of the Claim and relief\nd e m a n d e d . Yo u m a y o n l y s u b m i t a C l a i m N o t i c e o n y o u r o w n b e h a l f a n d n o t o n b e h a l f o f a n y o t h e r p a r t y. N o\nt h i r d p a r t y, o t h e r t h a n a l a w y e r y o u h a v e p e r s o n a l l y r e t a i n e d , m a y s u b m i t a C l a i m N o t i c e o n y o u r b e h a l f . T h e\nClaimant must reasonably cooperate in providing any information about the Claim that the Defendant reasonably\nrequests.\n\nC. Arbitration\nProvision\n\nR e v i e w t h i s p r o v i s i o n c a r e f u l l y. I f y o u d o n o t r e j e c t i t i n a c c o r d a n c e w i t h P a r a g r a p h C . 1 , R i g h t t o R e j e c t ,\nb e l o w, i t w i l l b e p a r t o f t h i s A g r e e m e n t a n d w i l l h a v e a s u b s t a n t i a l i m p a c t o n t h e w a y y o u o r w e w i l l\nresolve any Claim you or we have against each other now or in the future.\nIf you don\xe2\x80\x99t want this Arbitration Provision (and any prior arbitration agreement between you and us\n( \xe2\x80\x9c P r i o r A r b i t r a t i o n A g r e e m e n t \xe2\x80\x9d ) ) t o a p p l y, y o u m a y r e j e c t i t b y m a i l i n g u s a w r i t t e n r e j e c t i o n n o t i c e w h i c h\ngives your name and contains a statement that you (both of you, if more than one) reject the Arbitration\n\n1. Right to Reject\n\nProvision of this Agreement. The rejection notice must be sent to us at the address for Arbitration\nR e j e c t i o n o n t h e S u m m a r y. A r e j e c t i o n n o t i c e i s o n l y e f f e c t i v e i f i t i s s i g n e d b y y o u ( a l l o f y o u , i f m o r e\nthan one) and if we receive it within 30 calendar days after the date we first provide you with a credit card\na g r e e m e n t o r w r i t t e n n o t i c e p r o v i d i n g y o u a r i g h t t o r e j e c t t h i s A r b i t r a t i o n P r o v i s i o n . Yo u r r e j e c t i o n o f t h i s\nArbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit.\n\n2. Parties\n\nSolely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d\nmean\na. the issuer of your Card named on the Summary and its successors and/or assigns, as well as any parent,\nsubsidiary or affiliate of theirs and their employees, officers and directors (the \xe2\x80\x9cBank Parties\xe2\x80\x9d); and\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n12/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nb. any other person or company that provides any services in connection with this Agreement if you assert a\nC l a i m a g a i n s t s u c h o t h e r p e r s o n o r c o m p a n y a t t h e s a m e t i m e y o u a s s e r t a C l a i m a g a i n s t a n y B a n k P a r t y.\n\xe2\x80\x9cClaim\xe2\x80\x9d means any claim, dispute or controversy between you and us that in any way arises from or relates to\nthis Agreement, the Account, the issuance of any Card, any rewards program and/or any prior agreement or\naccount. \xe2\x80\x9cClaim\xe2\x80\x9d includes disputes arising from actions or omissions prior to the date any Card was issued to\nyou, including the advertising related to, application for or approval of the Account. \xe2\x80\x9cClaim\xe2\x80\x9d has the broadest\npossible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes\ndisputes based on contract, tort, consumer rights, fraud and other intentional torts, constitution, statute,\n3. Covered Claims\n\nregulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). \xe2\x80\x9cClaim\xe2\x80\x9d\nd o e s n o t i n c l u d e d i s p u t e s a b o u t t h e v a l i d i t y, e n f o r c e a b i l i t y, c o v e r a g e o r s c o p e o f t h i s A r b i t r a t i o n P r o v i s i o n o r a n y\npart thereof (including, without limitation, the prohibition against class proceedings, private attorney general\nproceedings and/or multiple party proceedings described in Paragraph C.7, Prohibitions Against Certain\nP r o c e e d i n g s ( C l a s s A c t i o n Wa i v e r ) , P a r a g r a p h C . 1 3 , S e v e r a b i l i t y, a n d / o r t h i s s e n t e n c e ) ; a l l s u c h d i s p u t e s a r e f o r\na c o u r t a n d n o t a n a r b i t r a t o r t o d e c i d e . H o w e v e r, a n y d i s p u t e o r a r g u m e n t t h a t c o n c e r n s t h e v a l i d i t y o r\ne n f o r c e a b i l i t y o f t h e A g r e e m e n t a s a w h o l e i s f o r t h e a r b i t r a t o r, n o t a c o u r t , t o d e c i d e .\nArbitration may be elected by any party with respect to any Claim, even if that party has already initiated a\n\n4. Starting an\nArbitration\n\nlawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the\no t h e r p a r t y. W e w i l l n o t d e m a n d t o a r b i t r a t e a n i n d i v i d u a l C l a i m t h a t y o u b r i n g a g a i n s t u s i n s m a l l c l a i m s c o u r t o r\ny o u r s t a t e \xe2\x80\x99 s e q u i v a l e n t c o u r t , i f a n y. B u t i f t h a t C l a i m i s t r a n s f e r r e d , r e m o v e d o r a p p e a l e d t o a d i f f e r e n t c o u r t , w e\nthen have the right to demand arbitration.\n\xe2\x80\x9c A d m i n i s t r a t o r \xe2\x80\x9d m e a n s t h e A m e r i c a n A r b i t r a t i o n A s s o c i a t i o n ( \xe2\x80\x9c A A A \xe2\x80\x9d ) , 1 2 0 B r o a d w a y, 2 1 s t F l o o r, N e w Yo r k , N Y\n1 0 2 7 1 , w w w. a d r. o r g ; J A M S , 6 2 0 E i g h t h A v e n u e , 3 4 t h F l o o r, N e w Yo r k , N Y 1 0 0 1 8 , w w w. j a m s a d r. c o m ; o r a n y o t h e r\ncompany selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the\nparties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court.\nT h e a r b i t r a t o r w i l l b e a p p o i n t e d b y t h e A d m i n i s t r a t o r i n a c c o r d a n c e w i t h t h e r u l e s o f t h e A d m i n i s t r a t o r. H o w e v e r,\nt h e a r b i t r a t o r m u s t b e a r e t i r e d o r f o r m e r j u d g e o r a l a w y e r w i t h a t l e a s t 1 0 y e a r s o f e x p e r i e n c e . Yo u g e t t o\n\n5. Administrator\n\nselect the Administrator if you give us written notice of your selection with your notice that you are electing to\na r b i t r a t e a n y C l a i m o r w i t h i n 2 0 d a y s a f t e r w e g i v e y o u n o t i c e t h a t w e a r e e l e c t i n g t o a r b i t r a t e a n y C l a i m ( o r, i f\nyou dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If\nyou do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration\nP r o v i s i o n t o t h e c o n t r a r y, n o a r b i t r a t i o n m a y b e a d m i n i s t e r e d w i t h o u t t h e c o n s e n t o f a l l p a r t i e s t o t h e a r b i t r a t i o n ,\nby any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action\nWa i v e r.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n13/26\n\n\x0c9/9/2021\n\n6. Court and Jury\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nIf you or we elect to arbitrate a Claim, you will not have the right to pursue that Claim in court or have a\n\nTr i a l s P r o h i b i t e d ; O t h e r j u r y d e c i d e t h e C l a i m . A l s o , y o u r a b i l i t y t o o b t a i n i n f o r m a t i o n f r o m u s i s m o r e l i m i t e d i n a r b i t r a t i o n t h a n i n\nLimitations on Legal\n\na lawsuit. Other rights that you would have if you went to court may also not be available in arbitration.\n\nRights\nIf you or we elect to arbitrate a Claim:\na. neither you nor we may participate in a class action in court or in class-wide arbitration, either as a\n7. Prohibition Against\nCertain Proceedings\n( C l a s s A c t i o n Wa i v e r )\n\nplaintiff, defendant or class member;\nb. neither you nor we may act as a private attorney general in court or in arbitration;\nc. Claims brought by or against you may not be joined or consolidated with Claims brought by or against\nany other person; and\nd. the arbitrator shall have no power or authority to conduct a class-wide arbitration, private attorney\ngeneral arbitration or multiple-party arbitration.\nAny arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay\nany and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the\n\n8. Location and Costs\n\narbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an\narbitration, we will pay your reasonable attorneys\xe2\x80\x99 and experts\xe2\x80\x99 fees if you prevail or if we must bear such fees\nin order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to.\nThis Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C.\n\xc2\xa7 \xc2\xa7 1 - 1 6 ( \xe2\x80\x9c FA A \xe2\x80\x9d ) , a n d n o t b y a n y s t a t e a r b i t r a t i o n l a w. T h e a r b i t r a t o r m u s t a p p l y a p p l i c a b l e s u b s t a n t i v e l a w\nc o n s i s t e n t w i t h t h e FA A a n d a p p l i c a b l e s t a t u t e s o f l i m i t a t i o n s a n d c l a i m s o f p r i v i l e g e r e c o g n i z e d a t l a w. T h e\n\n9. Governing Law\n\narbitrator may award any remedy provided by the substantive law that would apply if the action were pending in\ncourt (including, without limitation, punitive damages, which shall be governed by the Constitutional standards\ne m p l o y e d b y t h e c o u r t s ) . A t t h e t i m e l y r e q u e s t o f e i t h e r p a r t y, t h e a r b i t r a t o r m u s t p r o v i d e a b r i e f w r i t t e n\nexplanation of the basis for the award.\nI n a d d i t i o n t o t h e p a r t i e s \xe2\x80\x99 r i g h t s t o o b t a i n d i s c o v e r y p u r s u a n t t o t h e a r b i t r a t i o n r u l e s o f t h e A d m i n i s t r a t o r, e i t h e r\n\n10. Discovery\n\nparty may submit a written request to the arbitrator to expand the scope of discovery normally allowable under\nt h e a r b i t r a t i o n r u l e s o f t h e A d m i n i s t r a t o r. T h e a r b i t r a t o r s h a l l h a v e d i s c r e t i o n t o g r a n t o r d e n y t h a t r e q u e s t .\nJudgment upon the arbitrator \xe2\x80\x99s award may be entered by any court having jurisdiction. The arbitrator \xe2\x80\x99s decision is\n\n11 . R e s u l t a n d A p p e a l s\n\nf i n a l a n d b i n d i n g , e x c e p t f o r a n y r i g h t o f a p p e a l p r o v i d e d b y t h e FA A a n d / o r t h e r u l e s o f t h e A d m i n i s t r a t o r. A n y\nfinding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award\nor judgment from any other arbitration shall impact the arbitration of any Claim.\n\n12. Interpretation\n\nThis Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of\nt h e A c c o u n t , a n y l e g a l p r o c e e d i n g a n d a n y b a n k r u p t c y t o t h e e x t e n t c o n s i s t e n t w i t h a p p l i c a b l e b a n k r u p t c y l a w. I n\nthe event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n14/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nthe other provisions of this Agreement, this Arbitration Provision shall govern. This Arbitration Provision replaces\nany Prior Arbitration Agreement.\nIf any portion of this Arbitration Provision is held to be invalid or unenforceable, the remaining portions shall\nnevertheless remain in force, subject to two exceptions. First, if a determination is made that the Class Action\nWa i v e r i s u n e n f o r c e a b l e , a n d t h a t d e t e r m i n a t i o n i s n o t r e v e r s e d o n a p p e a l , t h e n t h e A r b i t r a t i o n P r o v i s i o n s h a l l b e\n13. Severability\n\nv o i d i n i t s e n t i r e t y. S e c o n d , i f a c o u r t d e t e r m i n e s t h a t a p u b l i c i n j u n c t i v e r e l i e f C l a i m m a y p r o c e e d\nn o t w i t h s t a n d i n g t h e C l a s s A c t i o n Wa i v e r, a n d t h a t d e t e r m i n a t i o n i s n o t r e v e r s e d o n a p p e a l , t h e n t h e p u b l i c\ninjunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will ask\nthe court to stay the public injunctive relief Claim until the other Claims have been finally concluded.\nThe arbitrator shall award you at least $5,100 (plus any fees and costs to which you are entitled) if:\na. you submit a Claim Notice in accordance with Paragraph B, Notice and Cure, above on your own behalf (and\n\n14. Special Payment\n\nnot on behalf of any other party);\nb. we refuse to provide you with the relief you request before an arbitrator is appointed; and\nc. an arbitrator subsequently determines that you were entitled to such relief (or greater relief).\n\nYo u r B i l l i n g R i g h t s : K e e p T h i s D o c u m e n t F o r F u t u r e U s e\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nW h a t To D o I f Yo u F i n d A M i s t a k e O n Yo u r S t a t e m e n t\nIf you think there is an error on your statement, write to us at the address for Billing Errors on the Summary\nI n y o u r l e t t e r, g i v e u s t h e f o l l o w i n g i n f o r m a t i o n :\nA c c o u n t i n f o r m a t i o n : Yo u r n a m e a n d a c c o u n t n u m b e r.\n\nD o l l a r a m o u n t : T h e d o l l a r a m o u n t o f t h e s u s p e c t e d e r r o r.\n\nDescription 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\nmistake.\n\nYo u m u s t c o n t a c t u s :\nWithin 60 days after the error appeared on your statement.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n15/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is\nwrong.\n\nYo u m u s t n o t i f y u s o f a n y p o t e n t i a l e r r o r s i n w r i t i n g . Yo u m a y c a l l u s , b u t i f y o u d o w e a r e n o t r e q u i r e d t o i n v e s t i g a t e a n y p o t e n t i a l\nerrors and you may have to pay the amount in question.\nW h a t W i l l H a p p e n A f t e r W e R e c e i v e Yo u r L e t t e r\nW h e n w e r e c e i v e y o u r l e t t e r, w e m u s t d o t w o t h i n g s :\n1 . W i t h i n 3 0 d a y s o f r e c e i v i n g y o u r l e t t e r, w e m u s t t e l l y o u t h a t w e r e c e i v e d y o u r l e t t e r. W e w i l l a l s o t e l l y o u i f w e h a v e a l r e a d y\nc o r r e c t e d t h e e r r o r.\n2 . W i t h i n 9 0 d a y s o f r e c e i v i n g y o u r l e t t e r, w e m u s t e i t h e r c o r r e c t t h e e r r o r o r e x p l a i n t o y o u w h y w e b e l i e v e t h e b i l l i s c o r r e c t .\nWhile we investigate whether or not there has been an error:\nWe cannot try to collect the amount in question, or report you as delinquent on that amount.\n\nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\nI f w e m a d e a m i s t a k e : Yo u w i l l n o t h a v e t o p a y t h e a m o u n t i n q u e s t i o n o r a n y i n t e r e s t o r o t h e r f e e s r e l a t e d t o t h a t a m o u n t .\n\nI f w e d o n o t b e l i e v e t h e r e w a s a m i s t a k e : Yo u w i l l h a v e t o p a y t h e a m o u n t i n q u e s t i o n , a l o n g w i t h a p p l i c a b l e i n t e r e s t a n d f e e s . W e\nwill 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\nnot pay the amount we think you owe.\n\nIf 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\np a y. I f y o u d o s o , w e c a n n o t r e p o r t y o u a s d e l i n q u e n t w i t h o u t a l s o r e p o r t i n g t h a t y o u a r e q u e s t i o n i n g y o u r b i l l . W e m u s t t e l l y o u t h e\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n16/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nname of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled\nbetween us.\nIf 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.\nYo u r R i g h t s I f Yo u A r e D i s s a t i s f i e d W i t h Yo u r C r e d i t C a r d P u r c h a s e s\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to\ncorrect the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo u s e t h i s r i g h t , a l l o f t h e f o l l o w i n g m u s t b e t r u e :\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price\nmust have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to\nyou, or if we own the company that sold you the goods or services.)\n2 . Yo u m u s t h a v e u s e d y o u r c r e d i t c a r d f o r t h e p u r c h a s e . P u r c h a s e s m a d e w i t h c a s h a d v a n c e s f r o m a n AT M o r w i t h a c h e c k t h a t\na c c e s s e s y o u r c r e d i t c a r d a c c o u n t d o n o t q u a l i f y.\n3 . Yo u m u s t n o t y e t h a v e f u l l y p a i d f o r t h e p u r c h a s e .\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for Billing Errors\no n t h e S u m m a r y.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you\no u r d e c i s i o n . A t t h a t p o i n t , i f w e t h i n k y o u o w e a n a m o u n t a n d y o u d o n o t p a y, w e m a y r e p o r t y o u a s d e l i n q u e n t .\n\nPricing Addendum\nInterest Rates and\nInterest Charges\n\n22.74%\n\nAnnual Percentage Rate\n\nPrime Rate plus\n\n(APR) for Purchases\n\nThis APR will vary with the market based on the Prime Rate.\n\nH o w t o Av o i d P a y i n g\n\nYo u r d u e d a t e i s a t l e a s t 2 5 d a y s a f t e r t h e c l o s e o f e a c h b i l l i n g p e r i o d . W e w i l l n o t c h a r g e\n\nInterest\n\nyou interest on purchases if you pay your entire balance by the due date each month. If\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n17/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nyou do not, you will not get a grace period on purchases again until you pay the entire\nb a l a n c e b y t h e d u e d a t e f o r t w o b i l l i n g p e r i o d s i n a r o w.\n\nMinimum Interest\nCharge\n\nIf you are charged interest, the charge will be no less than $1 per credit plan.\n\nFees\nAnnual Fee\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\nBalance Computation\nMethod\n\nNone\n\nUp to $40\nUp to $25\n\nWe use a method called "daily balance (including current transactions)."\n\nPlease review the Important Information and\nTe r m s a b o u t o p e n i n g a n a c c o u n t p r i o r t o\nsubmitting your application.\nTo apply you must:\nBe at the age of majority in your state or territory;\nHave a valid government-issued photo ID;\nHave a valid government issued tax identification number, such as a Social Security number (SSN) or Social Insurance\nNumber (SIN);\nHave a street, rural route, or APO/FPO mailing address. We do not accept PO Box mailing addresses.\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n18/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nYou agree that this application and any information you submit to Comenity Capital Bank may be shared with and retained by\nBoscov\'s.\n\nImportant Information about Opening an Account\nTo help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions\nto obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open\nan account, we will ask for your name, address, date of birth or other information that will allow us to identify you. We may also ask\nfor your driver\'s license or other identifying documents.\nCalifornia Residents:\nIf you are married, you may apply for a separate account.\nOhio Residents:\nThe Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and\nthat credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights\nCommission administers compliance with this law.\nNew York, Rhode Island and Vermont Residents:\nWe may order credit reports in connection with processing applications/solicitations and any update, renewal or extension of\ncredit. Upon request, we will tell you the name and address of any consumer-reporting agency that furnished a report on you.\nYou consent to the obtaining of such reports by signing or otherwise submitting an application or solicitation.\nWisconsin Residents:\nNo provision of any marital property agreement, unilateral statement under Section 766.59 of the Wisconsin statutes or court\norder under Section 766.70 adversely affects the interest of the creditor, Comenity Capital Bank, unless the Bank, prior to the\ntime credit is granted is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse\nprovision when the obligation to the Bank is incurred.\nIf you have been preapproved, see below for details of your offer.\n\nYou can choose to stop receiving \xe2\x80\x9cprescreened\xe2\x80\x9d offers of credit from this and other companies by calling\ntoll-free 1-888-567-8688. See Prescreen & Opt-out Notice below for more information about prescreened\noffers.\nPRESCREEN & OPT-OUT NOTICEThis \xe2\x80\x9cprescreened\xe2\x80\x9d offer of credit is based on information in your credit report indicating\nthat you meet certain criteria. This offer is not guaranteed if you do not meet our criteria. If you do not want to receive\nprescreened offers of credit from this and other companies, call the consumer reporting agencies toll-free, 1-888-567-8688;\nor write: Experian, PO Box 919, Allen, TX 75013; TransUnion, PO Box 505, Woodlyn, PA 19094; Equifax, PO Box 740123,\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n19/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nAtlanta, GA 30374; SageStream, LLC, PO Box 503793, San Diego, CA 92150; Innovis, PO Box 495, Pittsburgh, PA 152300495.\nImportant Information for Covered Borrowers under the Military Lending Act\nFor New Accounts- Federal law provides important protections to members of the Armed Forces and their dependents relating to\nextensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may\nnot exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs\nassociated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee\ncharged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than\ncertain participation fees for a credit card account)\nTo hear this Military Lending Act disclosure and the payment obligations thereunder, call toll free at 1-866-230-0418; (TDD/TTY: 1-888819-1918).\nI am applying to Comenity Capital Bank for, and hereby request, a Boscov\'s Credit Card for personal, family or household use. I hereby\nauthorize Comenity Capital Bank to investigate my credit record. The information that I have supplied is true and correct. I agree that a\ncredit report may be obtained for any lawful purpose, including in connection with the processing of an application, or subsequently with\nthe update, renewal or extension of credit. Upon my request, I will be informed of whether or not a consumer credit report was ordered,\nand if it was, I will be given the name and address of the consumer-reporting agency that furnished the report. I agree to be bound by\nthe terms of the Boscov\'s Credit Card account agreement. I acknowledge that I will receive a Boscov\'s Credit Card account\nagreement upon approval. I also acknowledge that there is no agreement between Comenity Capital Bank and me until Comenity\nCapital Bank approves my credit application and accepts the Boscov\'s Credit Card account agreement at its office in Utah and that the\nBoscov\'s Credit Card account agreement is deemed to be made in Utah. Credit Card are issued and credit is extended by Comenity\nCapital Bank, Salt Lake City, Utah.\nPlease note:\nBy submitting this credit application, you are agreeing to the following with respect to certain consumer information about\nyou.\nYou hereby authorize Comenity Capital Bank ("us" or "we") to furnish our decision to issue an account to you to Boscov\'s Credit Card.\nYou hereby authorize us to furnish, if your application is approved, information concerning your account to credit bureaus, other\ncreditors and Boscov\'s Credit Card.\nCheck your information before submitting. We cannot process any submission without a complete and accurate name, address, date of\nbirth and social security number. By submitting this Application you are acknowledging having read and understood the Important Rate,\nFee and Other Cost Information and, if approved, agreeing to be bound by them.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n20/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nFinancial Privacy Policy\nhttp://www.comenity.net/boscovs/images/privacy.pdf (PDF)\nYou need Adobe Reader to view PDF files. You may download it for free from Adobe.\n\nFACTS\n\nWHAT DOES COMENITY DO WITH YOUR PERSONAL\nINFORMATION?\n\nFinancial companies choose how they share your personal information. Federal\n\nWhy?\n\nlaw gives consumers the right to limit some but not all sharing. Federal law also\nrequires us to tell you how we collect, share, and protect your personal\ninformation. Please read this notice carefully to understand what we do.\n\nThe types of personal information we collect and share depend on the product or\nservice you have with us. This information can include:\n\nWhat?\n\nSocial Security number and income\nAccount balances and transaction history\nCredit history and credit scores\n\nHow?\n\nAll financial companies need to share customers\' personal information to run their\ne v e r y d a y b u s i n e s s . I n t h e s e c t i o n b e l o w, w e l i s t t h e r e a s o n s f i n a n c i a l c o m p a n i e s\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n21/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\ncan share their customers\' personal information; the reasons Comenity chooses to\nshare; and whether you can limit this sharing.\n\nDoes\nComenity\nshare?\n\nCan you limit\nthis sharing?\n\nYe s\n\nNo\n\nFor our marketing purposes- such as to offer our products and services\nto you\n\nYe s\n\nNo\n\nFor joint marketing with other financial companies\n\nYe s\n\nNo\n\nYe s\n\nNo\n\nYe s\n\nYe s\n\nFor our affiliates to market to you\n\nYe s\n\nYe s\n\nFor nonaffiliates to market to you\n\nYe s\n\nYe s\n\nReasons we can share your personal information\n\nFor our everyday business purposes-such as to process your\ntransactions, maintain your account (s), respond to court orders and\nlegal investigations, or report to credit bureaus\n\nFor our affiliates\' everyday business purposes-information about your\ntransactions and experiences\n\nFor our affiliates\' everyday business purposes-information about your\ncreditworthiness\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n22/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nTo limit our\nsharing\n\nOur menu will prompt you through your choices:\nC o m e n i t y B a n k c u s t o m e r s : C a l l 1 - 8 0 0 - 2 2 0 - 11 8 1 ( T D D / T T Y 1 - 8 0 0 - 6 9 5 - 1 7 8 8 )\nComenity Capital Bank customers: Call 1-877-287-5012 (TDD/TTY 1-888-8191918)\nPlease note:\nI f y o u a r e a n e w c u s t o m e r, w e c a n b e g i n s h a r i n g y o u r i n f o r m a t i o n 3 0 d a y s f r o m\nt h e d a t e w e s e n t t h i s n o t i c e . W h e n y o u a r e n o l o n g e r o u r c u s t o m e r, w e c o n t i n u e\nto share your information as described in this notice.\nH o w e v e r, y o u c a n c o n t a c t u s a t a n y t i m e t o l i m i t o u r s h a r i n g .\n\nQuestions?\n\nCall 1-866-423-1097\n\nWho we are\n\nWho is providing this\n\nThis privacy notice is provided by the Comenity family of companies, including\n\nnotice?\n\nComenity Bank and Comenity Capital Bank.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n23/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nWhat we do\n\nHow does Comenity\n\nTo p r o t e c t y o u r p e r s o n a l i n f o r m a t i o n f r o m u n a u t h o r i z e d a c c e s s a n d u s e , w e u s e\n\nprotect my personal\n\ns e c u r i t y m e a s u r e s t h a t c o m p l y w i t h f e d e r a l l a w. T h e s e m e a s u r e s i n c l u d e c o m p u t e r\n\ninformation?\n\nsafeguards and secured files and buildings.\n\nWe collect your personal information, for example, when you\nopen an account or provide account information\n\nHow does Comenity\n\ngive us your income information\nuse your credit or show your driver\'s license\n\ncollect my personal\ninformation?\n\nWe also collect your personal information from others, such as credit bureaus,\naffiliates, or other companies.\n\nFederal law gives you the right to limit only\nsharing for affiliates\' everyday business purposes-information about your\ncreditworthiness\n\nWhy can\'t I limit all\nsharing?\n\naffiliates from using your information to market to you\nsharing for nonaffiliates to market to you\nState laws and individual companies may give you additional rights to limit\ns h a r i n g . S e e b e l o w f o r m o r e o n y o u r r i g h t s u n d e r s t a t e l a w.\n\nWhat happens when I\n\nYo u r c h o i c e s w i l l a p p l y t o e v e r y o n e o n y o u r a c c o u n t .\n\nlimit sharing for an\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n24/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\naccount I hold jointly\nwith someone else?\n\nDefinitions\n\nCompanies related by common ownership or control. They can be financial and\nnonfinancial companies.\nAffiliates\n\nOur affiliates include companies with a Comenity name; financial companies\nsuch as Comenity Capital Bank and Comenity Bank, other Comenity entities;\nnonfinancial companies such as Epsilon, Alliance Data, and LoyaltyOne.\n\nCompanies not related by common ownership or control. They can be financial\nand nonfinancial companies.\nNonaffiliates\nNonaffiliates we share with can include financial service providers, retailers,\ndirect marketers, publishers and nonprofit organizations.\n\nA formal agreement between nonaffiliated financial companies that together\nJoint marketing\n\nmarket financial products or services to you.\nOur joint marketing partners may include lenders and insurance companies.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n25/26\n\n\x0c9/9/2021\n\nBoscov\'s Credit Card - Legal Docs - Credit Card Agreement\n\nOther important information\n\nW e a l s o w i l l c o m p l y w i t h m o r e r e s t r i c t i v e s t a t e l a w s t o t h e e x t e n t t h a t t h e y a p p l y ; f o r e x a m p l e , Ve r m o n t o r\nCalifornia.\n\nhttps://d.comenity.net/boscovs/pub/requestCca/requestCca.xhtml\n\n26/26\n\n\x0c'