Your Blue Nile Credit Card account agreement.
325171005 (05/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
we consider your Account in default. we may suspend your ability to make
about using and managing your account, including a Privacy
charges, close your Account require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted law. applicable law requires
use of the account, or failure to close the account within the
so, we'll tell you in advance and/or give you the opportunity to remedy
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 183003. Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio or call us at 1-877-258-695 (TDD/TTY 1-888-819-1918).
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may, however, be liable for unauthorized that occurs before your notice to us.
In 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
o
Substantially affect your rights, including your right to
Your Account may consist of non-promotional Regular Revolving") Credit
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 minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records.
and include more Regular Revolving or promotional Credit Plans.
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time.
Financial terms of your account: An at-a-glance summary of the fees and charges
promotional Credit Plan offered at the time you open your Account,
associated with your account
this Agreement will include information about the terms for the Plan, by use
A. Getting started: the basics of your account
of an insert. attachment, or other written information provided as part of this
Agreement.
B. Keeping your account good standing: avoiding default, and what to do if
your
card
lost
stolen,
applicable
Normal late fees, returned payment fees and all other provisions apply to
as
C.
Learning more about your account: credit plans, and credit limits, and how
any promotional Credit Plan, unless inconsistent with a particular Credit
Plan offering.
payments
calculated
and
applied
D. Interest, fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn' paid in full before the promo-
account
tional period ends, the balance will be transferred to your Regular Revolving
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes
your
account
F.
Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest Payment Required o Defer Interest Payment Required
o Waive Interest Equal Payment
and receive from. consumer reporting agencies and what to do you think
o Defer Interest Low Payment
o Waive Interest Low Payment
o
there error on your periodic statement
Low APR, Equal Payment
Defer Interest. Equal Payment
o
G. Optional products how to protect your account from fraud or theft, and
Budget Payment
Skip-payment option
information on services that can help pay your debt in case of emergencies
H.
Communicating with us: what happens when you contact us
At our discretion, we may allow you to skip making the Minimum Payment
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
Finance Charges will be assessed during the skip -payment period, but late
jury
trial
waiver
and
Arbitration
provision
fee won't be imposed This will not be considered a waiver of any of the
Privacy statement: how we collect, use. share, and protect your personal informa-
rights granted by this Agreement.
tion; and the privacy choices you make.
All other terms of your Account apply during the skip payment period.
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
Annual Percentage
26.99%
If you do exceed your Credit Limit. we can still charge you for al transac-
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
This APR will vary with the market based
this Agreement.
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account. You' still obligated to pay the full amount
Your due date is at least 25 days after
you
owe
How to Avoid
the close of each billing cycle. We will
We may cancel your Account at any time. for any reason
Paying Interest
not charge you interest on purchases if
We may refuse to any purchase on your Account. We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
you
give
to
others.
date each month.
We may stop offering any Credit Plan at any time, for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation or suspension of your Account doesn't negate your obligation to
Charge
pay
any
amour
you
owe
us.
will be no less than $2.00 per credit
Cancellation of your Account includes each Card you give to others.
plan
Minimum Payment
For Credit
To learn more about factors to consider
You can pay all of your Account balance at any time without
Card Tips from
when applying for or using a credit
penalty.
the Consumer
card, visit the website of the Consumer
You must pay at least the Total Minimum Payment for each billing period by
the
Payment
Due
Date
shown
your
Statement
Financial
Financial Protection Bureau at http://
Protection Bureau
The Minimum Payment the total the minimum payments for the Regu-
www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00. If your Account
Fees
balance less than $25.00, you must pay the amount indicated on your
Statement full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
o
Penalty Fees
The minimum payments for Regular Revolving Credit Plans, Waive
In-
terest, Payment Required and Defer Interest. Payment Required Credit
Late Payment
Up to $35
Plans wil be the greater of:
Returned Payment
Up $35
(a) $5.00: 0
(b) 4% (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown on your Statement for that Credit Plan.
"daily balance. See your Account agreement for more details.
o
The minimum payment for the Waive Interest Equal Payment and De-
Billing Rights: Information on your rights to dispute transactions
fer Interest Equal Payr Credit Plans will be the amount of the pur-
chase divided by the number months between the date of the pur-
and how to exercise those rights is provided in your account
chase and the romotional period end date (minimum $5.00) rounded
agreement.
up
to
the
$1.00.
0
The payment for the Low APR, Equal Payment Credit Plan
Rate Information The following chart provides details on your rate as of May 1,
will be the amount of the purchase including the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that will be assessed from the date of purchase through the
end of the tional period divided by the number of months be-
Add Index
APR
Daily Periodic Rate
tween the date the purchase and the promotional period end date
$5.00 rounded to the nearest $1.00.
Purchase APR
23.74%
26.99%
0.07394%
o
The minimum payment the Waive Interest, Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest Low Payment Credit Plans will be the greater of:
(a)
$5.00
billing period in which interest is due. For additional information, see Rates in
Section
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
shown on your Statement for that Credit Plan.
The
amount
Payment application
you
must
pay
each
billing
period
('
Total
Minimum
Payment
is
the
total of minimum payments for Regular Revolving and promotional Credit Plan
We reserve the right to apply payments equal to or less than the Total Mini-
purchases plus any Past Due amounts. The Total Payment won't be
mum Payment however see which may result in subject to
less than $25.00 If your Account balance is less than $25.00 you must pay the
lower interest rates being paid prior to other balances This may also result
in
amount indicated on your billing statement "Statement" full. The minimum
higher
interest
charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment you make excess of the required Total Minimum Payment
(a) $5.00
will be allocated to your Account as required by applicable law.
(b) the New Balance shown on your Statement for that
Excess payments received before deferred interest promotion expires
are
Credit Plan (rounded up to the nearest $1.00).
applied the deferred interest promotional balance first in the last two bill-
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
calculations.
D. Interest, fees and charges
The APR information described below is accurate as of May 1, 2014. Due to
a
Interest charges
change in the index. this informati may have To find out more. call
If you make a purchase under a Regular Revolving Credit Plan, interest
us at 1-877-258-6953 (TDD/TTY: 1-888-819-1918) or write us at Comenity
charges won't be imposed in any billing period which (i) no Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
at comenity. net/bluenile.
ance exists or (ii) payments received and credits issued by the Payment Due
Date
equal
or
exceed
the
Previous
Balance
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Definitions
Payment Due Date shown on your last Statement there will be an interest
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You"
charge on each purchase from the date of purchase
and "Your" mean each person who submits application or solicitation for an
If you make purchase under any Waive Interest Credit Plan, we won't
Account with means your credit card with us. "Card"
charge interest on the purchase if you pay the total purchase amount be-
means each credit card we issue for your Account, applicable. 'Credit Plan"
fore the end the promotional period. If you don't pay the total purchase
means one or more payment program options Blue Nile may ask us to offer from
amount before the end of the promotional period, we'l add the remaining
time time
amount to your Regular Revolving balance We'll also begin charging inter-
Upholding your Agreement
est on the purchase from the first day after the promotional period ends.
You agree to the terms of this Agreement, and promise to do everything
If you make purchase under any Defer Interest Credit Plan
required of you. If you sign submit an application solicitation to obtain
and don't pay the total amount before the end of the tional period,
credit from us. you'll be legally bound this Agreement. You're also legally
we'l add the remaining purchase amount and the amount of accrued inter-
bound you sign charge slip, or permit someone else to use the credit
est to your Regular Revolving balance
provided.
If you make purchase under Low APR, Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will be assessed from the date of purchase through the end of the
promotional period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
If the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan, using a 'Daily Balance' to
bound by this Agreement. Each of you will be jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
sible for repaying all amounts due. If more than one person is responsible
follows:
for this Account. we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions one you.
unpaid interest charges and fees).
Any authorized user of your Account will be bound by the terms of this
We subtract any payments credit adjustments (treating any net credit
Agreement. One additional Card may be issued with the individual of
balance as zero balance) and add new transactions and debit adjustments
an authorized user embossed the Card. you want to revoke the use of
posted as of that day. This gives us the "Partial Daily Balance" for the day.
your Account by an authorized user, either write us at the address, or call us
We then multiply the Partial Daily Balance for the day by the Daily Periodic
at the phone number, shown on your Statement
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
You agree to pay for all transactions made on your Account by an authorized
the day's Partial Daily Balance
user, whethe or not such transactions were authorized by you or made for
We've now determined the 'Daily Balance which will be the beginning
your benefit
balance for the following day. This results in daily compounding of interest
Card signature (as applicable)
charges
For your own please sign your Card before using it Keep in mind that
At the end of each billing period we add together each Credit Plan's Daily
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Interest Charge, which gives us the total interest charge
incurred your Account.
Your Statement will show Balance Subject to Interest Rate. which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
Your Account may be used to make purchases from Blue Nile and other
Rates
retailers we may determine occasionally by notifying you via electronic mail,
statement message, website posting, or other method
The Index in effect for each billing period will be the highest "Prime Rate"
We reserve the right to not honor related to including but not
of interest as published in the "Money Rates' section The Street
limited to. gambling, ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month the billing pe-
Making payments
riod begins, rounded upward necessary to the nearest .001% ("Index"
Any variable APR may increase the Index increases.
Pay your Account by sending check. money order. or cashier check pay-
An increase or decrease the APR will result in corresponding increase
able U.S. dollars, to the name and address shown on your Statement
specified for payments. Please don't send cash.
or decrease in the amount of interest and may increase the Total Minimum
Payment
Be sure to include your payment stub, do not staple your payment to the
Other fees and charges
stub. use the envelope provided with your Statement and don't send any
correspondence with your payment
You agree to pay the following fees and larges:
If your payment doesn't meet these requirements it may not be credited to
Late Fee: you don't pay at least the Minimum Payment Due by the Pay
your Account for to five days or may be rejected
ment Due Date. charge you late fee.
o
All written communications concerning disputed amounts, including any
The fee $25.00 you were not charged a late fee during any of the
check or other payment trument marked with "payment in full"
six billing periods
o
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Otherwise, the fee $35.00.
o
Antonio,
Texas
78247-5004.
This fee will never exceed the minimum payment due that was due
o
We may accept payment sent to any other address without losing any
immediately prior to the date on which the fee was assessed
of
our
rights.
Returned Payment Fee: We may charge you fee for each payment that your
bank doesn't honor for any reason
o
No payment shall operate as an accord and satisfaction without our
prior
written
approval
o The fee $25.00 you were not charged returned payment fee dur-
ing any of the prior six billing periods.
B. Keeping your account in good standing
o
Otherwise, the fee $35.00.
Avoiding default
o
This fee will never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
immediately prior to the date on which the fee assessed.
Fail to make any payment when due
Although we may decide to do so, we aren't required to attempt to collect a
Violate any provision of this Agreement
payment
more
than
once.
Pass
away
Document Fees: we provide you with copy of any Statement. sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing error
Supply us with misleading, false. incomplete or incorrect information
inquiries or resolution), we may charge the Account the following fee(s),
Are unable or unwilling perform the terms conditions of this Agreement
subject any limitations applicable law:
Fail to supply us with any information we deem necessary
o
Statement copy $6.00
Default under any other loan or agreement you have with us or any of our
0
Sales/Credit Draft copy $6.00
affiliates
0
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
Exceed your Credit Limit
ods
that
allow
you
to
individual
expedited
payments
to
your
Account
Issue payment returned unpaid by your bank for any reason
over the phone. If you choose to use this payment method we may assess
the current we charge for this service subject to any ap-
plicable law. Currently, that fee is up to $15 00 but may change. We'll let
you know the current fee before you any payment(s), and you
withdraw your request you don't want to pay the fee.
E. Other important information
For Wisconsin residents:
Collection costs
If you are married, please contact us immediately upon receipt of this Agreement
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-877-258-6953 (TDD/TTY 1-888-819-191 and provide us with the name
costs for collecting amounts due. including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that we have
costs incurred by us or another person or entity.
opened credit account for you.
Changes
For bankruptcy notifications:
We may add. change, or delete the terms of your Account If required by appli-
All bankruptcy notices and related correspondence to Comenity Capital Bank
cable law, we will give you advance written notice of the change(s) and a right to
should be sent to the following address Comenity Capital Bank, Bankruptcy
reject the change(s)
Department, PO Box 183043, Columbus. Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account,
now
at
any
time
in
the
future
and
to
and
proceeds
of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OR RELATED
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
Changes to your information
ARBITRATION
PROVISION
BELOW
(INCLUDING
THE
JURY
TRIAL
WAIVER
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
electronic mail address or telephone number(s).
is GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW
Prior to bringing lawsuit or initiating an arbitration that asserts claim aris-
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
out of or related to this Agreement (as further defined below. "Claim'
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the "Claimant" give the other party
(the
Transfer of Rights/Assignment
"Defendant" of the Claim (a 'Claim Notice' and
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity, not less than 30 days, resolve the Claim. Any Claim Notice to you
or otherwise, but your obligations will be binding upon your estate or personal
shall be sent in writing to the address we have in our records (or any updated
representatives. We may transfer or assign your Account and/or this Agreement,
address subsequently provide us). Any Claim Notice to shall sent
by
or
any
of
our
rights
under
this
Agreement
to
another
person
or
entity
at
any
time
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
without prior notice to you or your consent.
(or any updated address we subsequently provide). Any Claim Notice you send
No Waiver of Rights
must
provide
your
name,
address
and
Account
number.
Any
Claim
Notice
must
We can delay enforcing our rights under this Agreement without losing them.
explain the nature of the Claim and the relief that demanded. may only
Severability
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
any
other
party.
If any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer have personally retained. may submit a
will be to be modified to conform with applicable law.
Claim
Notice
on
your
behalf.
The
Claimant
must
reasonably
cooperate
in
provid-
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably requests.
C.
Arbitration
All provisions of this agreement are valid, enforceable and applicable in New
provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C. BE
F. Disputes and Reporting to Consumer Reporting Agencies
LOW, WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate your credit record
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
You agree that credit report may be requested connection with the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
any
processing
of
your
credit
application.
A
report
may
also
be
requested
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitration
Agreement")
connection with credit extension, credit limit request, Account renewal or
to apply, you may reject by mailing us written rejection notice which gives the
update,
Account
collection
action.
or
dispute
investigation
Upon
request,
name
of
each
Cardholder
and
contains
statement
that
you
(both
of
you,
more
we will tell you the name and address of any consumer reporting agency that
than one) reject the Arbitration Provision of this Agreement. The rejection notice
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
must
be
sent
to
us
at
Comenity
Capital
Bank,
PO
Box
182422.
Columbus,
Ohio
signing or otherwise submitting an application solicitation.
43218-2422. rejection notice is only effective if it signed by you (all of you,
You understand that we may report negative information (such as late pay-
if more than one) and if we receive it within thirty (30) calendar days after the
ments, missed payments, or other defaults) about your Account to
date we first provide you with credit card greement or written notice providing
reporting agencies.
you
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
this
Arbitration
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability to
sume reporting agencies and other creditors, as well as to the retailer whose
obtain
credit.
name appears on your Card.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provisio
Credit report disputes
(and not elsewhere this Agreement) the terms and 'our" mean (a)
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
cv is inaccurate you may submit direct dispute to Comenity Capital Bank, PO
employees, officers and directors of such companies (the 'Bank Parties"
Box
182120,
Columbus,
43218-2120.
(b)
any
other
person
or
company
that
provides
any
services
in
connection
with
Your written dispute must provide sufficient information to identify the Account
this you assert Claim against such other person or company at the
and specify why the information inaccurate:
same time you assert Claim against any Bank Party.
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim, dispute or controversy between
Contact Information: address and telephone number
you and us that any way arises from or relates to this Agreement, the Account.
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement
plain
why
you
believe
"Claim"
includes
disputes
arising
from
actions
or
omissions
prior
to
the
date
Supporting If available, provide copy of the section of the
any Card was issued to you, including the advertising related to, application for
credit
report
showing
the
Account
you
are
disputing
or
approval
of
the
Account.
'Claim'
has
the
broadest
possible
meaning,
and
We will estigate the disputed information and report the results to you within
includes initial claims, counterclaims, claims and third-party claims
30 days of receipt the needed for investigation. If we find that
includes
disputes
based
upon
contract.
tort
rights,
fraud
and
other
the Account information we reported is inaccurate, will promptly provide the
intentional torts, statute. ulation, ordinance, common
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive or declaratory relief). "Claim"
the information.
include disputes about the validity, enforceability, coverage or scope of this Arbi-
Your Billing Rights: Keep This Document For Future Use
tration Provision any part thereof (including, without limitation, the prohibition
This notice tells you about your rights and our responsibilities under the Fair
against
class
proceedings,
private
attorney
general
proceedings
and/or
multiple
Credit Billing Act
party proceedings described in Paragraph C.7 (the "Class Action Waiver"),
What To Do If You Find A Mistake On Your Statement
last
sentence
of
Paragraph
C.13
and/or
this
sentence);
all
such
disputes
are
for
If you think an error on your statement, write to us at: Comenity Capital
a court and not an arbitrator to decide. However, any dispute or argument that
Bank, PO Box 182620 Columbus, Ohio 43218-2620
the validity or enforceability of the Agreement as whole is for the
In your letter, give us the following information:
arbitrator.
not
court,
decide.
Account information: name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with respect
Dollar amount: The dollar amount of the suspected error.
to any Claim, even that party has already initiated lawsuit with respect to
Desc ription of problem: If you think there is an error your bill, describe
different
Claim.
Arbitration
is
started
by
giving
written
demand
for
arbitration
what you believe is wrong and why you believe it is mistake.
to the other party. We will not demand to arbitrate an individual Claim that you
You must contact us:
bring
against
us
court
your
state's
equivalent
court
any.
But
Within 60 days after the error appeared on your statement.
if that Claim is transferred or appealed to different court, we then
At least 3 business days before an automated payment is scheduled, if you
have
the
right
to
arbitration
want stop payment on the amount you think wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitration
You must notify us of any potential errors writing You may call us. but if you
Association 'AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
do not required to investigate any potential errors and you may have to pay
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,
the
amount
question
.com; or any other company selected by mutual agreement of the par-
What Will Happen After We Receive Your Letter
ties.
If
both
AAA
and
JAMS
cannot
or
will
not
serve
and
the
parties
are
unable
When we receive your letter, we must do two things:
to select an Administrator by mutual consent, the Administrator will be selected
1. Within 30 days of receiving your letter. must tell you that we received
by
court.
The
arbitrator
will
be
appointed
by
the
your
Administrator
letter. We will also tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be retired or
2 Within 90 days of receiving your letter, we must either correct the error or
former judge or lawyer with at least 10 years of experience. get select the
explain
to
why
we
believe
the
bill
is
correct.
Administrator if you give written notice of your selection with notice
While we investigate whether or not there has been an error:
you
are
electing
to
arbitrate
any
Claim
or
within
20
days
after
we
give
you
notice
We cannot try to collect the amount in question, or report you as del inquent
that we are electing to arbitrate any Claim (or, you dispute our right require
that amount
arbitration
the
Claim
within
20
days
after
that
dispute
is
finally
resolved).
The charge in question remain on your statement, and we may continue
If you do not select the Administrator on time, may do Notwithstandir
to charge you interest on that amount.
any language
in
this
to
the
contrary,
no
may
be
While you do not have to pay the amount in question, you are responsible for
administered. without the consent of all parties to the arbitration. by any Admin
the remainder of your balance
istrator that has in place a formal or informal policy that is inconsistent with the
We can apply any unpaid amount against your credit limit.
Class
Action
Waiver
After we finish investigation, one of two things will happen:
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
we made mistake: You will not have to pay the amount in question or
any
OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT TO
interest or other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. ALSO,
If we not believe there was mistake You will have to pay the amount in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
question, along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
ment
of
the
amount
you
owe
and
payment
We
may
then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
report you as you do not pay the amount we think owe
Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
If you receive our but still believe your bill is wrong, you must write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN CLASS
to within 10 days telling us that you still refuse pay. you do
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A PLAIN-
report you as delinquent without also reporting that you are questioning
TIFF, DEFENDANT CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
We must tell the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION: (3)
and must let those organizations know when the matter has been settled
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
CONSOLI
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AND
If not follow all of the rules above, you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
the
amount
you
question
even
your
bill
correct
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If
you
are
dissatisfied
with
the
goods
or
services
that
you
have
purchase
with
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
your credit card, you have tried in good faith to correct the problem with the
must take place at location reasonably convenient to you. We will pay any and
merchant, you may have the right not to pay the remaining amount due on the
all
fees
of
the
Administrator
and/or
the
arbitrator
applicable
law
requires
purchase.
to, you prevail the arbitration or if we must bear such fees order for this
To use this right, all of the following must be true:
Arbitration Provision to be enforced. If you demand an arbitration. will pay
1. The purchase been made in your home state or within 100 miles
your reasonable attorneys' and experts' fees you prevail or we must such
of
your
current
mailing
and
the
purchase
price
must
have
fees in order for this Arbitration Provision to be enforced. Also, bear any
than $50. (Note: Neither these are necessary if your purchase was based on
fees if applicable law requires us to.
anvartisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce and
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
You must have used your credit card for the purchase. Purchases made with
not by any arbitration law. The arbitrator must apply applicable
cash advances from an ATM or with check that accesses your credit card ac-
law with the FAA and applicable statutes of limitations and claims of
count do not qualify.
privilege law. The arbitrator may award any remedy provided by the
3. You must not yet have fully paid for the purchase.
substantive law that would apply if the action were pending in court (including
If all of the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages, which shall be governed by the Constitu-
contact us writing at
tional
standards
employed
by
the
courts).
At
the
timely
request
of
either
party,
Comenity Capital Bank
the arbitrator must provide brief written explanation of the basis for the award.
PO Box 182620. Columbus, Ohio 43218-2620
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
to
obtain
While we investigate. the same rules apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator either party may submit
above.
After
we
finish
investigation,
will
tell
written
the
arbitrator
the
of
you
our
decision.
At
that
request
to
to
expand
scope
discovery
normally
point, if we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules the Administrator. The arbitrator shall have
discretion to grant deny that request.
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
award
may
be
entered
by
any
court
having
jurisdiction.
The
arbitrator's
decision
Credit insurance (as applicable)
is final and binding, except for any right of appeal provided by the FAA. However,
Purchasing credit insurance is optional If you do choose to carry credit insurance
if
the
amount
of
the
Claim
exceeds
$50,000
involves
request
for
injunctive
coverage, the premium charge will be added to your Account as purchase on
or declaratory that could eably cost or benefit to either party
the last day of each billing period. You can cancel your coverage at any time.
xceeding $50 .000, any party can, within 30 days after the entry of the award
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to panel stered the
Purchasing Account Assure is optional
Administrator. The panel shall reconsider anew any aspect of the initial award
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall by majority
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to 'the arbitrator" shall mean
with
panel
an
appeal
of
the
arbitrator's
decision
has
been
taken.
The
costs
of
such
The monthly fee for Account Assure is based on the outstanding monthly
an appeal will be borne in accordance with Paragraph C.8. above.
balance on your Account each month and will be added to your Statement.
12.
Rules
of
Interpretation:
This
Provision
shall
survive
the
repay-
We'll provide additional information before you're required to pay for Ac-
ment of all amounts owed under this Agreement, the closing of the Account, any
count Assure This will include copy of the terms and conditions pertain-
legal
proceeding
and
any
bankruptcy
to
the
extent
consistent
with
applicable
ing
to
Account
Assure
bankruptcy law the event of conflict inconsistency between this Arbitra-
You can cancel your Account Assure at any time.
tion Provision, on the hand, and the applicable arbitration or the other
There eligibility requirements conditions, and exclusions that could pre-
provisions of this Agreement on the other hand, this Arbitration Provision shall
vent you from receiving benefits under Account Assure
govern.
This
Arbitration
Provision
replaces
any
Prior
Arbitration
Agreement.
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision. other than the
of Account Assure.
Action
Waiver,
invalid
or
unenforceable,
the
remaining
portions
shall
H. Communicating with us
nevertheless remain in force. determination IS made that the Class Action
Waiver is only this sentence of the Arbitration Agreement
Communicating to you about your Account
main in force and the remaining provisions shall be null and void, provided that
If
we
need
to
contact
you
to
service
your
Account
or
to
collect
amounts
you
owe
the concerning the Class Action Waiver shall be subject to appeal.
to us, you give direct consent to us. as well as servicers. agents, contractors and
14.
Special
Payment:
(1)
you
submit
Claim
Notice
in
accordance
with
collectors of your Account, to communicate with you in any way, such as calling,
Paragraph B above on your own behalf (and not on behalf of any other party);
texting,
or
electronic
mail
(2)
we
refuse
provide
you
with
the
relief
you
request;
and
(3)
1)
cell, landline, or number you provide use to contact us, or at which
subsequently determines that you were entitled such relief (or greater relief),
we believe we can reach you (even if is not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
2)
any electronic mail address you provide to or one of our merchants,
you are entitled).
automated
dialer
systems
and
automatic
telephone
dialing
systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
tions
comenity
Comenity Capital Bank, Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
230ALLC040114
state or federal law and you understand that this may result in additional mobile,
325171005
text message, or data charges.
Phone monitoring
To provide you with gh-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, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(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