Your Elder-Beerman Credit Card account agreement.
321801006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default, we may suspend your ability to make
about
using
and
managing
your
account,
including
Privacy
charges, close your Account, require you to pay the full amount you owe im-
a
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
do so, we'l tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your default.
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to immediately at PO Box 182273 Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-2273 call at 1-855-567-7742 (TDD/TTY 1-800-695-1788).
You not be liable any unauthorized that occurs after notify us. You
an Arbitration Provision in the event of a dispute.
may, however, be liable for unauthorized use that occurs before your notice to us.
You have a right to reject this Arbitration Provision.
any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit Plans
o Eliminate your right to a trial by jury; and
Your Account may consist of non- promotional "Regular Revolving" Credit
o
Substantially affect your rights, including your right
to
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minim purchase re-
Please read each section carefully and keep this document for
quirements
and
minimum
payment
may
vary
at
our
discretion
your records
and include one or more Regular Revolving promotional Credit Plans.
We may offer different promotional Credit Plans from time
In the following sections, you will find information on:
promotional Credit Plan offered at the time you open your Account
Financial terms of your account: An at- a-glance summary of the fees and charges
this Agreement will rmation about the terms the Plan, by use
associated
with
your
account
of an insert. attachment, or other written information provided as part of this
A. Getting started the basics of your account
Agreement.
B. Keeping your account in good standing avoiding default, and what to do if
Normal late fees. returned payment fees and all other provisions apply to
card is lost stolen, as applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account: credit plans, and credit limits, and how
Plan
offering.
payments calculated and applied
the promotional Credit Plan purchase isn't paid in full before the promo-
D. Interest, fees and charges when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes
your
0 Waive Interest, Payment Required o Defer Interest, Payment Required
F. Disputes and reporting to consumer reporting agencies: data we provide
o Waive Interest. Equal Payment
o Defer Interest Low Payment
and receive from reporting agencies, and what to do you think
o Waive Interest. Low Payment
o Low APR. Equal Payment
there
an
error
on
your
periodic
statement
o Defer Interest, Equal Payment
o Budget Payment
G. Optional products: how protect your account from fraud or theft, and
Skip-payment option
services that can help pay your debt case of emergencies
At our discretion, we may allow you to skip making the Minimum Payment
H.
Communicating with us: what happens when you contact us
interest Charges will be assessed during the skip-payment period, late
I.
Arbitration and jury trial waiver: how we'l resolve disagreements, including
fee won't be imposed. This will not be considered a waiver of any of the
jury
trial
waiver
and
Arbitration
provision
rights granted by this Agreement.
Privacy statement: how we collect, use. share. and protect your personal informa-
All other terms of your Account apply during the ski payment period.
tion: and the privacy choices you can make.
Credit
limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any time.
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
If you do exceed your Credit Limit, we can still charge you for all transac-
Annual Percentage
24.99%
tions, interest and other charges without giving up any of our rights under
this Agreement.
Rate (APR) for
This APR will vary with the market based
We may change your Credit Limit at any time.
Purchases
on the Prime Rate.
Account cancellation
You may cancel your Account. You still obligated to pay the full amount
you
Your due date is at least 25 days after
We may cancel your Account at any time, for any reason
How to Avoid
the close of each billing cycle. We will
We may refuse authorize any purchase on your Account We may also
Paying Interest
not charge you interest on purchases if
suspend your Account and your right to use your Card, including each Card
you pay your entire balance by the due
you
give
others.
date each month.
We may stop offering any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn' negate your obligation to
Minimum Interest
If you are charged interest, the charge
pay any amount you owe us.
Charge
will be no less than $2.00 per credit
Cancellation of your Account includes each Card you give to others.
plan
Minimum Payment
You can pay all of your Account balance at any time without
For Credit
To learn more about factors to consider
penalty.
Card Tips from
when applying for or using a credit
You must pay at least the Total Minimum Payment for each billing period by
the Consumer
card, visit the website of the Consumer
the Payment Due Date shown on your Statement.
Financial
Financial Protection Bureau at http://
The Minimum Payment the total the minimum payments for the Regu-
Protection Bureau
lar Revolving and promotional Credit Plans plus any Past Due amounts.
www.consumerfinance.gov/learnmore.
The Total Minimum Payment won't be less than $25.00. If your Account
balance less than $25.00, you must pay the amount indicated on your
Fees
Statement full.
The minimum payment for each Credit Plan calculated as follows:
Annual Fee
None
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
Penalty Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Plans be the greater of:
Late Payment
Up to $35
(a) $5.00
Returned Payment
Up $35
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
How We Will Calculate Your Balance: We use a method called
0
The minimum payment for the Waive Interest Equal Payment and De-
"daily balance.' See your Account agreement for more details.
fer Interest. Equal Credit Plans will be the amount the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number of months between the date of the pur-
chase and the promotional period end date (minimum $5.00) rounded
and how to exercise those rights is provided in your account
the
$1.00.
agreement.
o
The payment for the Low APR Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Rate Information: The following chart provides details on your rate as of June 1,
charges that be from the date of purchase through the
2014. We divide the APR by 365 to determine the daily periodic rate.
end of the tional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
Add Index
APR
Daily Periodic Rate
imum 00) rounded up to the nearest $1.00.
The minimum payment for the Waive Interest, Low Payment and Defer
Purchase APR
21.74%
24.99%
0.06846%
Interest, Low Payment Credit Plans will be the greater of:
(a)
$5.00
We'll charge you minimum interest charge of $2.00 per credit plan for any
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
billing period in which interest is due. For additional information, see Rates in
Section
shown on your Statement for that Credit Plan.
Payment application
Minimum Payment:
reserve the right to apply payments equal to or less than the Total Mini-
The amount you must pay each billing period ("Total Minimum Payment" is the
mum Payment however we see fit, which may result in balances subject to
total minimum payments for Regular Revolving and promotional Credit Plan
plus
any
Past
Due
amounts.
The
Total
lower interest rates being paid prior to other balances. This may also result
Minimum
Payment
won't
be
in higher interest charges.
less than If your Account balance is less than $25.00 you must the
amount indicated on your billing statement ("Statement in full. The minimum
Any payment you make in excess of the required Total Minimum Payment
will be allocated to your Account as required by applicable law.
payment due for each Regular Revolving Credit Plan will be the greater of:
Excess payments received before deferred interest promotion expires are
(a)
$5.00:
or
applied to the deferred interest promotional balance first in the last two bill-
(b) 3.5% of the New Balance shown on your Statement for that
ing periods of the promotional period.
Credit Plan (rounded up to the nearest $1.00).
See Minimum Payment in Section o below for promotional credit plan minimum
D. Interest, fees and charges
ayment calculations.
Interest charges
The APR information described below is accurate as of June 2014. Due to
If you make purchase under a Regular Revolving Credit Plan, interest
change the index, this information may have changed To find out more, call
charges won't be imposed in billing period in which (i) Previous Bal-
at 1-855 567-7742 (TDD/TTY: 1-800-695-1788), or write at Comenity
ance exists or (ii) payments received and credits issued by the Payment Due
Bank. PO Box 182273. Columbus, Ohio 43218-2273 or visit our website at
Date. equal or exceed the Previous Balance.
comenity net/elderbeerman
If the New Balance shown on your last Statement isn't paid in full by the
A. Getting Started
Payment Due Date shown on your last Statement. there will be an interest
Definitions
charge each purchase from the date of purchase
If you make purchase under any Waive Interest Credit Plan, we
won't
In this Agreement, "We, "Us" and "Our" mean Comenity Bank. "You" and
charge interest on the purchase if you pay the total purchase amount be-
"Your' mean each person who submits an application or solicitation for an
count with us. account" means your credit card with us. "Card" means
fore the end of the promotional period. you don't pay the total purchase
amount
before
the
of
the
promotional
period,
we'
add
the
remaining
each credit card we issue for your Account. as applicable. Credit Plan" means
amount to Regular Revolving balance. We'll also begin charging inter-
one or more payment program options Elder-Beerman may ask us to offer from
time time
est on the purchase from the first day after the promotional period ends.
you make purchase under any Defer Interest Promotional Credit Plan
Upholding your Agreement
and don't pay the total amount before the end of the promotional period,
You agree to the terms of this Agreement, and promise to do everything
we' add the remaining purchase amount and the amount of accrued inter-
required of you If you sign or submit an application solicitation to obtain
est
to
your
Regular
Revolving
balance.
credit from us, you' be legally bound by this Agreement You also legally
If you make purchase under Low APR. Equal Payment Credit Plan,
bound you sign charge slip, or permit someone else to use the credit
interest will be assessed from the date of purchase through the end of the
provided.
promotional period.
You agree that the credit extended under your Account will be used only for
How we calculate Interest Charges on your Account
personal family or household purposes and not for business or commercial
We calculate interest separately for each Credit Plan, using 'Daily Balance" to
purpose.
if the Account is joint Account, you and the joint Account holder will be
determine interest charges for each billing period. Our calculation method is as
follows:
bound by this Agreement Each of you will be jointly and individually respon-
sible for repaying all amounts due. more than one person is responsible
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees).
for this Account. we will only provide billing statements and communica-
tions one you
We subtract any payments or credit adjustments (treating any net credit
balance zero balance) and add new transactio and debit
Any authorized user of your Account will be bound by the terms of this
posted
as
of
that
day.
This
gives
the
'Partial
Daily
Balance"
for
the
day.
Agreement. One additional Card may be issued with the individual name of
We then multiply the Partial Daily Balance for the day by the Daily Periodic
an authorized user embossed on the Card. you want to revoke the use of
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
your Account by authorized user. either write us at the address call us
the
day's
Partial
Daily
Balance
at the phone number. shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized
We've now the 'Daily Balance. which will be the beginning
user, whether or not such transactions were authorized by you or made for
balance for the following day. This results in daily compounding of interest
charges
your benefit.
Card signature (as applicable)
At the end of each billing period, we add together each Credit Plan's Daily
Interest Charge, which gives us the total interest charge.
For your own protection please sign your Card before using it. Keep in mind that
Your Statement will show Balance Subject to Interest Rate, which is the
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred
sum of the Daily Balances for each day in the billing period divided by the
on
your
Account.
total number of days.
Using your Account
Rates
.
Your Account may be used to make purchases from r-Beerman and
The Index in effect for each billing period will be the highest "Prime Rate"
other retailers we may determine occasionally by tifying you via electronic
of interest as published in the "Money Rates' section The Wall Street
mail statement website posting, or other method
Journal for the calendar month preceding the month which the billing pe-
We reserve the right to not honor transactions related to, including, but not
riod begins, rounded upward necessary, to the nearest .001% "Index"
limited to. gambling, ATM usage at casinos, and illegal activities.
Any variable APR may increase if the Index increases.
Making payments
An increase or decrease the APR will result correspondir increase
Pay your Account by sending check, money order, or cashier's check pay-
or decrease in the amount of interest and may increase the Total Minimum
able in U.S dollars to the name and address shown on your Statement
Payment.
specified for payments. Please don' send cash.
Other fees and charges
Be sure to include your payment stub, do not staple your payment to the
You agree to pay the following fees and charges:
stub use the envelope provided with your Statement and don't send any
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
correspondence with your payment
ment Due Date, will charge you late fee.
If your payment doesn't meet these requirements it may not be credited to
o
The fee $25.00 you were not charged late fee during any of the
your Account for up five days, may be rejected
billing periods
All written concerning disputed amounts, including any
o
Otherwise. the $35.00.
check other payment instrument marked with payment in full" similar
o
This fee will never exceed the minimum payment due that was due
language, must sent 6550 North Loop 1604 East, Suite 101, San
immediately prior to the date on which the fee was assessed
Antonio, Texas 78247-5004.
Returned Payment Fee We may charge you fee for each payment that your
o
We may accept payment sent to any other address without losing any
bank
doesn't
honor
for
any
reason.
of our rights.
o The fee $25. .00 you were not charged a returned payment fee dur-
o
No payment shall operate as an accord and satisfaction without our
ing any of the prior six billing periods.
prior written approval.
o
Otherwise. the fee $35.00.
B. Keeping your account in good standing
o
This fee will never exceed the minimum payment due that was due
Avoiding default
immediately prior to the date on which the fee was
You'll be in default under this Agreement if you:
Although we may decide to do so, we aren't required to attempt to collect a
Fail to make any payment when due
payment
than
Violate any provision of this Agreement
Document Fees we provide you with copy of any Statement sales draft
Pass
away
or similar your request (except connect with billing error
Become the subject of bankruptcy or insolvency proceedings
inquiries or resolution), we may charge the Account the following fee(s),
Supply us with misleading, false. incomplete or incorrect information
subject to any limitations applicable law:
Are unable unwilling to perform the terms conditions of this Agreement
o
Statement copy $6 ,00
Fail supply us with any information we deem necessary
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
Check/Monev Order copy $6.00
affiliates
Alternative Payment Method Fee: We may offer alternative payment meth-
Become incompetent
ods that allow you to make individual expedited payments to your Account
Exceed your Credit Limit
over the phone. If you choose to this payment method. we may assess
Issue payment returned unpaid by your bank for any reason
the current fee we charge for this service. subject to any limitations ap-
plicable law. Currently that fee up to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E Other important information
For bankruptcy notifications:
Collection costs
All bankruptcy notices and related correspondence to Comenity Bank shoul
To the extent not prohibited by applicable law. you agree to pay the reasonable
sent to the following address Comenity Bank, Bankruptcy Department, PO
costs for collecting amounts due. including reasonable attorney fees and court
182125. Columbus, Ohio 43218-2125.
costs incurred by us or another person or entity.
I. Arbitration and jury trial waiver
Changes
A. Jury trial waiver
We may add, change, or delete the terms of your Account. If required by appli-
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY RIGHT
cable law, we will give you advance written notice of the change(s) and right to
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR RELA
reject the change(s)
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT
Security Interest
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAI
You
grant
security
interest
in
all
goods
you
purchase
through
the
use
of
the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WA
Account
at
any
time
the
future
and
in
accessions
to
and
proceeds
of
IS GIVEN KNOWINGLY. WILLINGLY AND VOLUNTARILY.
such goods. We waive any security interest we may have in your principal dwell
B. Notice and cure
ing, the extent that would otherwise secure any obligation arising hereunder.
Prior
to
bringing
lawsuit
or
initiating
an
arbitration
that
asserts
a
claim
ar
Changes
to
your
information
out
of
or
related
to
this
Agreement
(as
further
below.
Claim
You agree to notify us immediately of any changes to your name, mailing address,
party
ting
the
Claim
(the
'Claima
shall
give
the
other
party
(the
'De
electronic mail address or telephone number(s).
dant
written
of
the
Claim
"Claim
Notice
and
opp
Governing
nity,
not
30
days
resolve
the
Claim.
Any
Claim
Notice
to
you
THIS
AGREEME
IS
GOVERNED
BY
LAWARE
AND
APPI
LICABLE
FEDERAL
be
sent
in
writing
to
the
address
we
have
records
(or
any
updated
add
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
provide
to us).
Any
Claim
Notice
shall
sent
by
ma
PERMITT ED OR REQUIRED BY APPLICABLE LAW.
Comenity
Bank,
PO
Box
182436,
Columbus,
Ohio
43218-2436
(or
any
upd
Transfer of Rights/Assignment
address subsequently provide). Any Claim Notice send must provide
Your
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
law
name,
address
and
Account
number.
Any
Claim
Notice
must
explain
the
na
or otherwise. but your obligations will be binding upon your estate or
of the Claim and the relief that demanded You may only submit Claim
representatives
We
may
transfer
or
assign
your
Account
and/or
this
Agreement,
tice
on
own
behalf
and
not
on
behalf
of
any
other
party.
No
third
party,
or any of our rights under this Agreement, to another person or entity at any time
than lawyer you have personally retained, may submit Claim Notice on
without prior notice to you or your consent.
behalf. The Claimant must reasonably cooperate providing any inform
No
Waiver
of
Rights
about the Claim that the other party reasonably requests.
We delay enforcing our rights under this Agreement without losing them.
C.
Arbitration
provision
Severability
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT RE.
If any provision of this Agreement is in conflict with applicable law, that provision
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
will be consider be modified to conform with app icable law.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBS
Notice to New Jersey Residents
TIAL
IMPACT
ON
THE
WAY
YOU
OR
WE
WILL
RESOLVE
CLAIM
WH
All provisions of this agreement are valid, enforceable and applicable in New
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
1.
Your
Right
to
Reject:
If
you
don't
want
this
Arbitration
Jersey.
Provision
(and
prior
arbitration
agreement
between
F. Disputes and Reporting to Consumer Reporting Agencies
you
and
us
("Prior
Arbitration
Agreeme
to
apply,
you
may
reject
by
mailing
us
written
rejection
notice
which
Credit Reports
the name of each Cardholder and contains statement that you (both of yo
You give us permission to investigate your credit record
more
than
one)
reject
the
Arbitration
Provision
of
this
The
rejec
You
agree
that
credit
report
may
be
requested
in
with
the
notice
must
be
to
us
at
Comenity
Bank,
PO
Box
182422,
your credit application report may also be requested in
43218-2422. A rejection notice only effectiv if is signed by you (all of
connection
with
credit
credit
limit
request.
renewal
or
if
more
than
one)
and
we
receive
within
thirty
(30)
calendar
days
afte
update Account action. or dispute investigation Upon request,
date first provide you with credit card agreement or written notice provi
tell
you
the
name
and
address
of
onsumer
reporting
agency
you right to reject this Arbitration Provision. Your rejection of this Arbitra
furnished report on you. You consent to the obtaining of such reports by
Provision will not affect any other provision of this Agreement or your abili
signing
or
otherwise
submitting
an
solicitation.
obtain
credit.
You understand that may report negative information (such as late pay-
2. Parties Subject to Arbitration: Solely used in this Arbitration Provisio
ments missed payments, or other defaults) about your Account to consumer
not in this Agreement), the terms "we, and (a)
reporting agencies.
menity Bank, any parent, subsidiary or affiliate of the Bank and the emploi
You give us permission to provide information about your Account to con-
officers
and
directors
of
such
companies
(the
Bank
Parties'
and
(b)
any
sumer reporting agencies and other creditors, as well as to the retailer whose
person or company that provides any services in connection with this
name
appears
on
your
Card.
you
assert
Claim
against
such
other
person
or
company
at
the
same
time
Credit report disputes
assert Claim against any Bank Party.
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
3.
Covered
Claims:
"Claim"
means
any
claim,
dispute
or
controversy
bet
inaccurate you may submit direct dispute to Comenity Bank, PO Box
you and us that any way arises from or relates to this Agreement, the Acc
182789, Columbus, Ohio 43218-2789
the
issuance
of
any
Card,
any
rewards
program,
any
prior
agreement
Your
written dispute must provide sufficient information to identify the Account
disputes arising from actions omissions prior to the
and specify why the information is inaccurate:
any
Card
issued
you,
including
the
advertising
related
to,
Account Information: Your name and Account number
or approval of the Account "Claim" has the broadest possible meaning,
Contact Information: address and telephone number
includes
initial
claims,
counterclaims.
cross-
claims
and
third-party
claim
Disputed Information: Identify the Account information disputed and ex-
includes
disputes
based
upon
contract.
tort,
consumer
rights,
fraud
and
plain
why
you
believe
intentional
torts,
constitution
statute,
regulation,
ordinance,
common
law
Supporting
Documentation:
If
available,
provide
copy
of
the
section
of
the
equity
(including
any
claim
for
injunctive
or
declaratory
relief).
"Claim"
doe
credit
report
showing
the
Account
inform
you
disputing
include
disputes
about
the
validity,
enforceability
coverage
or
scope
of
this
We
will
vestigate
the
disputed
information
and
report
the
results
to
you
within
tration Provision any part thereof (including, without limitation the prohit
30
days
of
receipt
of
the
needed
for
our
vestigation.
we
find
that
against
class
proceedings.
private
attorney
general
proceedings
and/or
mul
the
Account
we
reported
is
inaccurate,
will
promptly
provide
the
party
proceedings
described
in
Paragraph
C.7
(the
Class
Action
Waiver
essary correction to each consumer reporting agency to which we reported
last
sentence
of
Paragraph
13
and/or
this
sentence);
all
such
disputes
the
a
court
and
not
an
arbitrator
to
decide
However,
any
dispute
or
argumen
Your Billing Rights: Keep This Document For Future Use
the validity or enforceability of the Agreement as whole is for
notice tells you about your rights and our responsibilities under the Fair
arbitrator,
not
court,
to
decide.
Credit Billing Act.
4.
Starting
an
Arbitration:
Arbitration
may
be
elected
by
any
party
What
To
Do
If
You
Find
A
Mistake
On
Your
Statement
to
any
Claim,
that
party
has
already
tiated
lawsuit
think there an error on your statement. write to us at: Comenity Bank, PO
different
Claim.
Arbitration
is
started
by
giving
written
demand
for
arbitra
Box 182782 Columbus, Ohio 43218-2782
to
the
other
party.
We
not
demand
to
arbitrate
an
individual
Claim
that
In your letter, give the following information:
bring against small claims court or your state's equivalent court, if any.
Account
information:
Your
name
account
that
Claim
and
is
transferred.
number
removed
or
appealed
to
different
court,
we
Dollar amount: The dollar amount the suspected error.
have
the
right
to
demand
arbitration.
Description
problem:
you
think
there
an
error
on
bill,
describe
5. Choosing the Administrator: Administrator'
means
the
American
your
Arbitra
what you believe is wrong and why you believe it is a mistake.
Association ("AAA" 1633 Broadway, 10th Floor, New York, NY 10019,
You must contact
adr.org; JAMS, 620 Eighth Avenue. 34th Floor. New York, NY 10018
Within 60 days after the error appeared on your statement
jamsadi .com; or any other company selected by mutual of the
At
least
business
before
automated
ties.
If
both
days
payment
is
scheduled,
if
AAA
and
JAMS
cannot
or
will
an
not
serve
and
the
parties
are
you
want
to
stop
payment
on
the
amount
you
think
is
wrong.
to select an Administrator by mutual consent, the Administrator will be sele
You
must
notify
us
of
any
potential
errors
in
writing.
You
may
call
us
but
if
by
court.
The
arbitrator
will
be
appointed
by
the
Administrator
you
do not required to investigate any potential errors and you may have to pay
with the rules of the However, the arbitrator must be
the
amount
question
former
judge
lawyer
with
least
years
experience.
You
get
What Will Happen After We Receive Your Letter
Administrator you give written notice your selection with notice
When receive your letter, we must do two things:
you
are
electing
arbitrate
Claim
within
20
days
after
we
give
you
no
1.
Within
30
days
receiving
letter.
we
must
tell
you
that
we
received
your
that electing arbitrate any Claim (or. if you dispute our right
letter.
tell
the
arbitration
of
also
the
Claim.
error.
within
you
20
days
after
that
dispute
is
finally
resoly
2.
Within
90
of
ceiving
your
letter,
must
either
correct
the
error
or
If you do not select the Administrator on time. may do it. Notwithstan
explain
why
believe
bill
any
you
we
the
correct.
language
in
this
Arbitration
Provision
to
the
contrary,
no
arbitration
ma
While
whether
or
not
there
has
been
an
error:
administered without the consent of all parties to the arbitration, by Ad
We cannot try to collect the amount in question or report you as elinquent
istrator that has place formal or informal policy that is inconsistent with
amount
Class Action Waiver
The charge questi remain on your statement, and we may continue
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF
to
charge
you
interest
on
that
amount.
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE RIGHT
While do have to pay the amount in question, you are responsible for
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE CLAIM. AI
the
remainder
of
your
balance
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED
We apply any unpaid amount against your credit limit.
ARBITRATION
THAN
IN
A
LAWSUIT.
OTHER
RIGHTS
THAT
YOU
WOULD
After
IF
we
finish
our
investigation,
one
of
two
things
will
happen:
YOU
WENT
TO
COURT
MAY
ALSO
NOT
BE
AVAILABLE
IN
ARBITRATION
If we made mistake: You will not have to pay the amount in question or any
7.
Prohibition
Against
Certain
dings:
IF
YOU
OR
WE
ELECT
TO
interest
or
other
fees
to
TRATE
A
related
that
amount
CLAIM:
(1)
NEITHER
YOU
NOR
WE
MAY
PARTICIPATE
IN
CL
If we do not believe there was mistake: will have to pay the amount
ACTION
IN
COURT
OR
IN
in
CLASS-WIDE
ARBITRATION.
EITHER
AS
PL
question,
along
with
applicable
interest
and
fees.
We
will
send
you
state-
TIFF,
DEFENDANT
OR
CLASS
MEMBER:
(2)
NEITHER
YOU
NOR
WE
MAY
ment of the amount you owe and the date payment is due. We may then
AS
PRIVATE
ATTORNEY
GENERAL
IN
COURT
OR
IN
ARBITRATION
report
you
as
do
amount
CLAIMS
you
the
BROUGHT
pay
think
BY
OR
AGAINST
not
YOU
MAY
NOT
BE
JOINED
OR
we
you
owe.
CONS
If you receive our explanat on but still believe your bill wrong, you must write
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON:
within
10
days
telling
us
that
you
still
refuse
to
pay.
If
you do
cannot
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO COND
you delinquent without also reporting that are questioning your
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL ARBITRAT
We
must
tell
you
the
name
of
anyone
to
whom
we
reported
you
as
delinquent.
OR MULTIPLE-PARTY ARBITRATION.
must let those organizations know when the matter has been settled
8. Location and Costs of Arbitration: Any arbitration hearing that you
at
between
must
take
place
at
location
you.
We
will
pay
any
follow
all
of
the
rules
above,
you
do
not
have
to
pay
the
first
$50
of
all fees of the Administrator and/or the arbitrator if applicable law
the
amount
even
your
bill
is
correct
to.
if
you
prevail
the
arbitration
or
if
must
bear
such
fees
order
for
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
Arbitration Provision to be enforced. you demand an arbitration, wil
If
you
are
with
the
goods
services
that
your
reasonable
attorneys'
and
experts'
fees
you
have
purchased
with
you
prevail
or
we
must
bear
your
credit
card,
and
you
have
tried
good
faith
to
correct
the
problem
with
the
fees in order for this Arbitration Provision to be enforced. Also, bear
merchant, you may have the right not to pay the remaining amount due on the
fees
applicable
law
requires
us
purchase.
9. Governing Law: This Arbitration Provision involves interstate
To use this right, all of the following must be true
is
governed
by
the
Federal
Arbitration
Act.
9
U.S.C.
§§
1-16
(the
FAA
The
purchase
been
made
your
home
state
or
within
100
miles
not by any state arbitration law. The arbitrator must apply applicable substar
of
your
current
mailing
and
the
consistent
purchase
price
must
have
been
law
with
the
FAA
and
applicable
statutes
of
limitations
and
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
was
based
privilege
recogni
at
law.
The
arbitrator
may
award
any
remedy
provided
by
anvartisement we mailed to you, or we own the company that sold you the
substantive
law
would
apply
the
action
were
pending
court
(inclu
services.)
without limitation, punitive damages, which shall be govern ed by the Cons
You must have used your credit card for the purchase Purchases made with
tional
standards
employed
by
the
courts).
At
the
timely
request
of
ither
cash advances from an ATM or with check that accesses your credit card ac-
the
arbitrator
provide
brief
written
explanation
of
the
basis
for
the
count
not
qualify
10.
Right
to
Discovery:
In
addition
to
the
parties
rights
disc
must yet have fully paid for the purchase.
pursuant
to
the
arbitration
rules
of
the
either
party
may
sul
al of the criteria above are met and you are still dissatisfied with the purchase,
written to the arbitrator to expand the scope of discovery normal
contact
us
writing
at:
lowable
under
the
of
the
Administrator.
The
arbitrator
shall
Comenity Bank
denv
that
PO Box 182782 Columbus. Ohio 43218-2782
11.
Arbitration
Result
and
Right
of
Appeal:
Judgment
upon
the
arbitra
While we investigate, the same apply to the disputed amount as discussed
award be entered by any court having sdiction. The arbitrator's dec
above
After
we
finish
our
investigation,
we
will
tell
you
our
decision.
At
that
is
final
and
binding,
except
for
right
appeal
provided
by
the
FAA.
How
point we think you owe an amount and you do not pay, we may report you as
the amount of the Claim $50 000 or involves request for injung
delinquent.
or
declaratory
that
could
foreseeably
involve
cost
or
benefit
either
G. Optional products
xceeding .000, any party can within 30 days after the entry of the
by
the
arbitrator,
appeal
the
award
to
three-arbitrator
panel
ministered
by
Credit insurance (as applicable)
Administrator. The panel shall reconsider anew any aspect the initial
Purchasing
credit
insurance
optional
If
you
do
choose
to
carry
credit
insurance
requested by the appealing party. The decision of the panel shall mai
coverage, the premium charge will be added to your Account as purchase on
vote. Reference in this Arbitration Provision to 'the arbitrator"
the
last
day
of
each
billing
period.
You
cancel
your
coverage
at
any
time.
panel
if
an
appeal
of
the
arbitrator's
decision
has
been
taken.
The
costs
of
Account Assure Debt cancellation (as applicable)
an appeal will borne in accordance with Paragraph above.
Purchasing Account Assure optional.
12.
Rules
of
Interpretation:
This
Provision
shall
survive
the
re
Your
decision
whether
or
not
to
purchase
Account
Assure
won't
affect
your
ment of all amounts under this Agreement. the closing of the
application for credit or the terms of any existing credit agreement you have
legal
proceeding
and
any
bankruptcy
the
extent
consistent
with
applic
with
bankruptcy law the event of conflict inconsistency between this Arb
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
tion
Provision,
on
the
one
hand,
and
the
applicable
arbitration
rules
or
the
balance
on
your
Account
each
month
and
will
be
added
to
your
Statement.
provisions this Agreement. on the other hand. this Arbitration Provision
We'll
provide
additional
information
before
you'
're
required
to
for
govern
This
Arbitration
Provision
replaces
any
Prior
pay
Ac-
Arbitration
Agreement
count Assure This will include copy of the terms and pertain-
13. Severability: If any portion of this Arbitration Provision, other than the
ing
to
Account
Assure
Action
Waiver,
deemed
invalid
or
unenforceable.
the
remaining
portions
You can cancel your Account Assure at any time.
nevertheless
remain
in
force.
If
determination
is
made
that
the
Class
Ao
There are eligibility requirements tions. and exclusions that could pre-
Waiver
unenforceable.
only
this
sentence
of
the
Arbitration
Agreement
vent
you
from
receiving
benefits
under
Account
Assure
main
force
and
the
remaining
provisions
shall
be
null
and
void,
provided
Be sure to carefully read the Addendum for full explanation of the terms
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to
app
of
Assure.
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
H Communicating with us
ragraph
B
above
own
behalf
(and
not
on
behalf
of
any
other
(2)
we
refuse
to
provide
you
with
the
relief
you
request;
Communicating to you about your Account
bsequently
determines
that
you
were
entitled
to
such
relief
(or
greater
If we need to contact you to service your Account or to collect amounts
you
owe
the arbitrator shall award you at least (plus any fees and costs to w
to
us
give
direct
consent
to
us
as
well
as
agents,
and
you are entitled)
collectors your Account to with you any way, such as calling,
texting,
or
electronic
mail
1)
cell,
landline
number
you
provide
use
to
contact
us.
or
at
which
comenity
Comenity Bank, Wilmington, DE
we
believe
can
reach
you
(even
not
yours)
321801006 (06
2)
any
electronic
mai
address
you
provide
to
one
of
our
merchants,
automated dialer systems and automatic telephone dialing systems,
4)
-recorded or artificial voice messages and other forms of communica-
You
also
agree
that
these
aren't
unsolicited
for
purposes
of
any
state or federal and you understand that this may result in additional mobile,
text message. or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, inc uding anyone
acting on your behalf or making payments on this Account.
For
Wisconsin
residents:
f you are married.
please
contact
us
immediately
upon
receipt
of
this
Agreement
1-855-567-7742 (TDD/TTY 1-800-695-1788) and provide us with the name
and address of spouse. We are required to inform your spouse that we have
opened credit account for you
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method