Your Ohio University Alumni MasterCard® Credit Card account
OUACCA0314
agreement.
This card is issued by Comenity Capital Bank pursuant to a li-
Rate Information: The following chart provides details on your variable rate(s) as
cense from MasterCard. MasterCard is a registered trademark
of March 1, 2014. We divide the APR by 365 to determine the daily periodic
rate.
of MasterCard International Incorporated. This Agreement COV-
ers the Terms and Conditions of your account with us. In this
Add to Index
APR
Daily Periodic Rate
document, you will find important information about using and
managing your account, including a Privacy Statement and infor-
Tier 1
19.74%
22.99%
0.06298%
mation concerning your billing rights. Your use of the account, or
Tier 2
15.74%
18.99%
0.05202%
failure to close the account within the 30 days of receiving this
Tier 3
9.74%
12,99%
0.03558%
document, indicates your acceptance of the terms of this agree-
ment, including the assessment of any interest charges and fees.
Balance Transfers
20.74%
23.99%
0.06572%
and Cash Advances
Section I of this Agreement also includes a Jury Trial Waiver and
an Arbitration Provision in the event of a dispute.
We'll charge you a minimum interest charge of $2.00 per credit plan for any
You have a right to reject this Arbitration Provision.
billing period in which interest is due. For additional information, see Rates in
Section D.
If you do not reject this Arbitration Provision, it will be part
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
of this Agreement and will:
ments for Regular Revolving and Promotional Credit Plan purchases plus any
o
Eliminate your right to a trial by jury; and
Past Due amounts. The total Minimum Payment Due on your account won't be
o
Substantially affect your rights, including your right to
less than $25.00. If your Account balance is less than $25.00, you must pay the
bring, join in or participate in class proceedings.
amount indicated on your Statement in full. The Minimum Payment Due for each
Please read each section carefully and keep this document for
Regular Revolving and Cash Revolving Credit Plans will be:
The greater of:
your records.
o
1% of the New Balance, excluding any new Regular Revolving or Cash
In the following sections, you will find information on:
Revolving Credit Plan Finance Charges shown on the Statement; or
o
$5.00
Financial terms of your account: An at-a-glance summary of the fees and charges
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
associated with your account
A. Getting started: the basics of your account
Charges shown on the Statement rounded up to the nearest $1.00.
See Minimum Payment in Section C below for promotional credit plan minimum
B.
Keeping your account in good standing: avoiding default, and what to do if
payment calculations.
your card is lost or stolen, as applicable
The APR information described below is accurate as of March 1, 2014. Due to a
C.
Learning more about your account: credit plans, and credit limits, and how
change in the index, this information may have changed. To find out more, call
payments are calculated and applied
us at 1-866-439-3677 (TDD/TTY: 1-888-819-1918), or write us at Comenity
D.
Interest, fees and charges: when and how fees and costs are applied to your
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
account
site at comenity.net/ohioalumni.
E.
Other important information: legal rights, costs, and how we'll handle
A. Getting Started
changes to your account
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Definitions
and receive from, consumer reporting agencies, and what to do if you think
In this Agreement, "We," "Us" and "Our" mean Comenity Capital Bank. "You"
there is an error on your periodic statement
and "Your" mean each person who submits an application or solicitation for an
G.
Optional products: how to protect your account from fraud or theft, and
Account with us. "Account" means your credit card account with us. "Card"
information on services that can help pay your debt in case of emergencies
means each credit card we issue for your Account, as applicable. "Credit Plan"
H.
Communicating with us: what happens when you contact us
means one or more payment program options Ohio University Foundation may
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
ask us to offer from time to time.
a jury trial waiver and Arbitration provision
Upholding your Agreement
Privacy statement: how we collect, use, share, and protect your personal informa-
You agree to the terms of this Agreement, and promise to do everything
tion; and the privacy choices you can make.
required of you. If you sign or submit an application or solicitation to obtain
credit from us, you'll be legally bound by this Agreement. You're also legally
Financial terms of your account
bound if you sign a charge slip, or permit someone else to use the credit
provided.
Interest Rates and Interest Charges
You agree that the credit extended under your Account will be used only for
22.99%, 18.99%,
personal, family or household purposes and not for business or commercial
purpose.
If the Account is a joint Account, you and the joint Account holder will
Annual Percentage
or 12.99% when you
be bound by this Agreement. Each of you will be jointly and individually
Rate (APR) for
open your account, based on your
responsible for repaying all amounts due. If more than one person is re-
sponsible for this Account, we will only provide billing statements and com-
Purchases
creditworthiness.
munications to one of you.
Any authorized user of your Account will be bound by the terms of this
After that, this APR will vary with the
Agreement. One additional Card may be issued with the individual name of
market based on the Prime Rate.
an authorized user embossed on the Card. If you want to revoke the use of
your Account by an authorized user, either write us at the address, or call us
APR for Balance
23.99%
at the phone number, shown on your Statement.
Transfers and Cash
This APR will vary with the market
You agree to pay for all transactions made on your Account by an authorized
Advances
based on the Prime Rate.
user, whether or not such transactions were authorized by you or made for
your benefit.
Your due date is at least 23 days after
Card signature (as applicable)
the close of each billing cycle. We will
For your own protection, please sign your Card before using it. Keep in mind that
your signature on the Card isn't a prerequisite to your obligation to pay amounts
not charge you interest on purchases
incurred on your Account.
Paying Interest
if you pay your entire balance by the
Using your Account
due date each month. We will begin
Your Account may be used to make purchases from anywhere MasterCard is
charging interest on balance transfers
accepted.
and cash advances on the transaction
We reserve the right to not honor transactions related to, including, but not
date.
limited to, gambling, ATM usage at casinos, and illegal activities.
You may obtain a loan from us under your Account by using your Card or
Minimum Interest
If you are charged interest, the charge
a convenience check as follows: by purchasing goods or services with your
will be no less than $2.00 per credit
Card or your Account number; by obtaining a cash advance from a financial
Charge
institution, by use of an ATM; by using a convenience check; or, by incurring
plan
charges authorized by this Agreement.
To learn more about factors to consider
From time to time, in our sole discretion, we may send you convenience
For Credit Card
checks for use in borrowing under this Agreement. All convenience checks
Tips from the
when applying for or using a credit
you use will be treated as cash advances under this Agreement, and subject
Consumer Financial
card, visit the website of the Consumer
to the terms and fees that apply to cash advances, unless we advise you
Protection Bureau
Financial Protection Bureau at http://
otherwise.
www.consumerfinance.gov/learnmore.
You agree that convenience checks that you use will not be returned to you.
You may not use the convenience checks to make payments on any Co-
menity Capital Bank Account.
Fees
You agree not to use a convenience check, and we do not have to pay any
convenience check:
Annual Fee
None
o
if you are in default under this Agreement;
Transaction Fees
o
if payment of that convenience check would cause your outstanding
cash advance balance to exceed your cash advance limit; or
Balance Transfer
The greater of $10 or 4% of
o
if we cancel or suspend your right to use convenience checks
the amount of the balance
From time to time, in our sole discretion, we may offer you the ability to
transfer.
transfer account balances from other credit card accounts you may have
Cash Advance
The greater of $10 or 4%
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
of the amount of the cash
You may use the Card to obtain cash advances through certain ATMs. You
advance.
will be given a Personal Identification Number (PIN) which must be used in
Convenience Checks
The greater of $10 or
order to obtain an ATM cash advance.
4% of the amount of the
o
Some limitations on ATM cash advances may apply, such as limita-
convenience check.
tions on dollar amount, number, or currency denominations.
Foreign Transaction
3% of each transaction in
o
You agree that any charges imposed by third parties for use of their
ATM facilities will be added to your Account balance as a cash ad-
U.S. dollars.
vance.
Penalty Fees
If you make a purchase or obtain a cash advance in a foreign currency,
it will be converted by MasterCard into U.S. dollars in accordance with
Late Payment
Up to $35.00
MasterCard Operating Regulations in effect at the time the transaction is
Returned Payment
Up to $35.00
processed.
o
The currency conversion rate in effect on the processing date may dif-
How We Will Calculate Your Balance: We use a method called
fer from the rate in effect on the transaction date or the posting date.
"daily balance." See your Account agreement for more details.
o
The currency conversion rate used may be the same as, greater than, or
less than the amount that would be calculated by conversion through
Billing Rights: Information on your rights to dispute
a financial institution in the country in which the purchase or cash
transactions and how to exercise those rights is provided in your
advance occurred.
account agreement.
Making payments
Pay your Account by sending a check, money order, or cashier's check pay-
Comenity Capital Bank 1-866-439-3677 (TDD/TTY 1-888-819-1918)
able in U.S. dollars, to the name and address shown on your Statement
New York Residents: New York Residents may contact the New York state Depart-
specified for payments. Please don't send cash.
ment of Financial Services by telephone or visit its website for free information
Be sure to include your payment stub, do not staple your payment to the
on comparative credit card rates, fees, and grace periods. New York Department
stub, use the envelope provided with your Statement and don't send any
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
correspondence with your payment.
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
All written communications concerning disputed amounts, including any
check or other payment instrument marked with "payment in full" or similar
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Antonio, Texas 78247-5004.
o
We may accept a payment sent to any other address without losing any
of our rights.
o
No payment shall operate as an accord and satisfaction without our
prior written approval.
B. Keeping your account in good standing
fore the end of the promotional period. If you don't pay the total purchase
Avoiding default
amount before the end of the promotional period, we'll add the remaining
amount to your Regular Revolving balance. We'll also begin charging inter-
You'll be in default under this Agreement if you:
est on the purchase from the first day after the promotional period ends.
Fail to make any payment when due
If you make a purchase under any Defer Interest Promotional Credit Plan
Violate any provision of this Agreement
and don't pay the total amount before the end of the promotional period,
Pass away
we'll add the remaining purchase amount and the amount of accrued inter-
Become the subject of bankruptcy or insolvency proceedings
est to your Regular Revolving balance.
Supply us with misleading, false, incomplete or incorrect information
If you make a purchase under a Low APR, Equal Payment Credit Plan,
Are unable or unwilling to perform the terms or conditions of this Agreement
interest will be assessed from the date of purchase through the end of the
Fail to supply us with any information we deem necessary
promotional period.
Default under any other loan or agreement you have with us or any of our
How we calculate Interest Charges on your Account
affiliates
Become incompetent
We calculate interest separately for each Credit Plan, using a "Daily Balance"
Exceed your Credit Limit
to determine interest charges for each billing period. Our calculation method is
as follows:
Issue a payment returned unpaid by your bank for any reason
If we consider your Account in default we may suspend your ability to make
We start with the beginning balance on your Account each day (including
charges, close your Account, require you to pay the full amount you owe im-
unpaid interest charges and fees).
mediately or take any other action permitted by law. If applicable law requires
We subtract any payments or credit adjustments (treating any net credit
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
balance as a zero balance) and add new transactions and debit adjustments
your default.
posted as of that day. This gives us the "Partial Daily Balance" for the day.
Reporting a lost or stolen card (as applicable)
We then multiply the Partial Daily Balance for the day by the Daily Periodic
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
If you notice the loss or theft of your credit card or a possible unauthorized use
the day's Partial Daily Balance.
of your card, you should write to us immediately at PO Box 183003, Columbus,
Ohio 43218-3003 or call us at 1-866-439-3677 (TDD/TTY: 1-888-819-1918).
We've now determined the "Daily Balance," which will be the beginning
balance for the following day. This results in daily compounding of interest
You will not be liable for any unauthorized use that occurs after you notify us.
charges.
You may, however, be liable for unauthorized use that occurs before your notice
At the end of each billing period, we add together each Credit Plan's Daily
to us. In any case, your liability will not exceed $50.
Interest Charge, which gives us the total interest charge.
C. Learning more about your account
Your Statement will show a Balance Subject to Interest Rate, which is the
Credit Plans
sum of the Daily Balances for each day in the billing period divided by the
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
total number of days.
it Plan and one or more promotional Credit Plans. Credit Plans offered and
Rates
their particular features (including but not limited to minimum purchase
The Index in effect for each billing period will be the highest "Prime Rate'
requirements and minimum payment) may vary occasionally at our discre-
of interest as published in the "Money Rates" section of The Wall Street
tion and include one or more Regular Revolving or promotional Credit Plans.
Journal for the calendar month preceding the month in which the billing pe-
We may offer different promotional Credit Plans from time to time.
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
If a promotional Credit Plan is offered at the time you open your Account,
Any variable APR may increase if the Index increases.
this Agreement will include information about the terms for the Plan, by
An increase or decrease in the APR will result in a corresponding increase
use of an insert, attachment, or other written information provided as part
or decrease in the amount of interest and may increase the Total Minimum
of this Agreement.
Payment.
Normal late fees, returned payment fees and all other provisions apply to
Other fees and charges
any promotional Credit Plan, unless inconsistent with a particular Credit
You agree to pay the following fees and charges:
Plan offering.
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
If the promotional Credit Plan purchase isn't paid in full before the promo-
ment Due Date, we will charge you a late fee.
tional period ends, the balance will be transferred to your Regular Revolving
o
The fee is $25.00 if you were not charged a late fee during any of the
balance.
prior six billing periods.
Promotional Credit Plans may include:
o
Otherwise, the fee is $35.00.
o
Waive Interest, Payment Required o Defer Interest, Payment Required
o
This fee will never exceed the minimum payment due that was due
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
immediately prior to the date on which the fee was assessed.
0 Waive Interest, Low Payment
o Low APR, Equal Payment
Returned Payment Fee: We may charge you a fee for each payment that your
o Defer Interest, Equal Payment
o Budget Payment
bank doesn't honor for any reason.
Skip-payment option
o
The fee is $25.00 if you were not charged a returned payment fee
At our discretion, we may allow you to skip making the Minimum Payment.
during any of the prior six billing periods.
Finance Charges will be assessed during the skip-payment period, but a late
o
Otherwise, the fee is $35.00.
fee won't be imposed. This will not be considered a waiver of any of the
o
This fee will never exceed the minimum payment due that was due
rights granted by this Agreement.
immediately prior to the date on which the fee was assessed.
All other terms of your Account apply during the skip-payment period.
Although we may decide to do so, we aren't required to attempt to collect a
Credit limit
payment more than once.
Your Credit Limit is the total maximum amount we permit you to owe us at
Document Fees: If we provide you with a copy of any Statement, sales draft
any time.
or similar document at your request (except in connection with billing error
You may not exceed any Credit Limit that we set for your Account.
inquiries or resolution), we may charge the Account the following fee(s),
If you do exceed your Credit Limit, we can still charge you for all transac-
subject to any limitations of applicable law:
tions, interest and other charges without giving up any of our rights under
o
Statement copy $6.00
this Agreement.
o
Sales/Credit Draft copy $6.00
We may change your Credit Limit at any time.
o
Check/Money Order copy $6.00
Account cancellation
Alternative Payment Method Fee: We may offer alternative payment meth-
You may cancel your Account. You're still obligated to pay the full amount
ods that allow you to make individual, expedited payments to your Account
you owe us.
over the phone. If you choose to use this payment method, we may assess
We may cancel your Account at any time, for any reason.
the current fee we charge for this service, subject to any limitations of ap-
We may refuse to authorize any transaction on your Account. We may also
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
suspend your Account and your right to use your Card, including each Card
you know the current fee before you authorize any payment(s), and you can
you give to others.
withdraw your request if you don't want to pay the fee
We may stop offering any Credit Plan at any time, for any reason.
Cash Advance Fee: For any cash advance obtained in person from a finan-
Cancellation or suspension of your Account doesn't negate your obligation
cial institution or through an ATM, you will pay a transaction fee equal to
to pay any amount you owe us.
the greater of $10 or 4% of the amount of the cash advance. You take a
Cancellation of your Account includes each Card you give to others.
cash advance if you use a convenience check; get money through an auto-
Cards are issued with an expiration date. We have the right not to renew
mated teller machine (ATM); or get money through a financial institution.
your Account.
Convenience Check Fee: For any convenience check written against your
Minimum Payment
Account, you will pay a transaction fee equal to the greater of $10 or 4% of
the amount of the convenience check.
You can pay all of your Account balance at any time without
penalty.
Balance Transfer Fee: For any balance transfer from another account, you
will pay a transaction fee equal to the greater of $10 or 4% of the amount
You must pay at least the Total Minimum Payment for each billing period by
of the balance transfer.
the Payment Due Date shown on your Statement.
Foreign Transaction Fee: For any charge or cash advance outside the United
The Minimum Payment is the total of the minimum payments for the Regu-
States or in a foreign currency, you will pay a transaction fee equal to 3%
lar Revolving and promotional Credit Plans plus any Past Due amounts.
of the U.S. dollar amount of the transaction. If a charge or cash advance
The Total Minimum Payment won't be less than $25.00. If your Account
balance is less than $25.00, you must pay the amount indicated on your
is converted into U.S. dollars our network providers (Visa, MasterCard, and
Discover) will select either (1) a rate from the range of rates available in
Statement in full.
wholesale currency markets for the applicable central processing date,
The minimum payment for each Credit Plan is calculated as follows:
which may vary from the rate the network provider itself receives, or (2) a
o
The minimum payment for the Waive Interest, Payment Required and
Defer Interest, Payment Required Credit Plans will be the greater of:
government-mandated rate in effect for the applicable central processing
date.
(a) $5.00 or
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
Return Convenience Check Fee: For each convenience check written against
your Account which fails to clear and is returned unsatisfied, you will pay a
shown on your Statement for that Credit Plan.
fee of up to $35.
o
The minimum payment for the Waive Interest, Equal Payment and
Stop Payment Fee: For each convenience check written against your Ac-
Defer Interest, Equal Payment Credit Plans will be the amount of the
count on which you request us to stop payment, you will pay a fee of up to
purchase divided by the number of months between the date of the
$35, regardless of whether we actually stop payment on the convenience
purchase and the promotional period end date (minimum $5.00)
check.
rounded up to the nearest $1.00.
o
The minimum payment for the Low APR, Equal Payment Credit Plan
E. Other important information
will be the amount of the purchase including the calculated interest
Collection costs
charges that will be assessed from the date of purchase through the
To the extent not prohibited by applicable law, you agree to pay the reasonable
end of the promotional period divided by the number of months be-
costs for collecting amounts due, including reasonable attorney's fees and court
tween the date of the purchase and the promotional period end date
costs incurred by us or another person or entity.
(minimum $5.00) rounded up to the nearest $1.00.
Changes
o
The minimum payment for the Waive Interest, Low Payment and Defer
We may add, change, or delete the terms of your Account. If required by appli-
Interest, Low Payment Credit Plans will be the greater of:
cable law, we will give you advance written notice of the change(s) and a right to
(a) $5.00 or
reject the change(s).
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Security Interest
shown on your Statement for that Credit Plan.
You grant us a security interest in all goods you purchase through the use of the
Payment application
Account, now or at any time in the future and in all accessions to and proceeds of
We reserve the right to apply payments equal to or less than the Total Mini-
such goods. We waive any security interest we may have in your principal dwell-
mum Payment however we see fit, which may result in balances subject to
ing, to the extent that it would otherwise secure any obligation arising hereunder.
lower interest rates being paid prior to other balances. This may also result
Changes to your information
in higher interest charges.
You agree to notify us immediately of any changes to your name, mailing address,
Any payment you make in excess of the required Total Minimum Payment
electronic mail address or telephone number(s).
will be allocated to your Account as required by applicable law.
Governing Law
Excess payments received before a deferred interest promotion expires are
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
applied to the deferred interest promotional balance first in the last two
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
billing periods of the promotional period.
MITTED OR REQUIRED BY APPLICABLE LAW.
D. Interest, fees and charges
Transfer of Rights/Assignment
Interest charges
Your rights under this Agreement can't be transferred by you, by operation of law
There is no period in which you can pay back a cash advance, any other
or otherwise, but your obligations will be binding upon your estate or personal
transaction treated as a cash advance under this Agreement, or a balance
representatives. We may transfer or assign your Account and/or this Agreement,
transfer to avoid incurring a Finance Charge. For a cash advance using a
or any of our rights under this Agreement, to another person or entity at any time
convenience check, the date of the advance is the date the convenience
without prior notice to you or your consent.
check is presented to us or our agent for payment. For all other cash ad-
No Waiver of Rights
vances, the date of the advance is the date you obtained the advance.
We can delay enforcing our rights under this Agreement without losing them.
If you make a purchase under a Regular Revolving Credit Plan, interest
Severability
charges won't be imposed in any billing period in which (i) no Previous Bal-
If any provision of this Agreement is in conflict with applicable law, that provision
ance exists or (ii) payments received and credits issued by the Payment Due
will be considered to be modified to conform with applicable law.
Date, equal or exceed the Previous Balance.
Notice to New Jersey Residents
If the New Balance shown on your last Statement isn't paid in full by the
All provisions of this agreement are valid, enforceable and applicable in New
Payment Due Date shown on your last Statement, there will be an interest
Jersey.
charge on each purchase from the date of purchase.
If you make a purchase under any Waive Interest Credit Plan, we won't
charge interest on the purchase if you pay the total purchase amount be-
F. Disputes and Reporting to Consumer Reporting Agencies
To use this right, all of the following must be true:
Credit Reports
1. The purchase must have been made in your home state or within 100 miles
of your current mailing address, and the purchase price must have been more
You give us permission to investigate your credit record.
than $50. (Note: Neither of these are necessary if your purchase was based on
You agree that a credit report may be requested in connection with the
an advertisement we mailed to you, or if we own the company that sold you the
processing of your credit application. A report may also be requested in
goods or services.)
connection with a credit extension, credit limit request, Account renewal or
2. You must have used your credit card for the purchase. Purchases made with
update, Account collection action, or dispute investigation. Upon request,
cash advances from an ATM or with a check that accesses your credit card ac-
we will tell you the name and address of any consumer reporting agency that
count do not qualify.
furnished a report on you. You consent to the obtaining of such reports by
3. You must not yet have fully paid for the purchase.
signing or otherwise submitting an application or solicitation.
If all of the criteria above are met and you are still dissatisfied with the purchase,
You understand that we may report negative information (such as, late pay-
contact us in writing at:
ments, missed payments, or other defaults) about your Account to con-
Comenity Capital Bank
sumer reporting agencies.
PO Box 182620, Columbus, Ohio 43218-2620
You give us permission to provide information about your Account to con-
While we investigate, the same rules apply to the disputed amount as discussed
sumer reporting agencies and other creditors, as well as to the retailer
above. After we finish our investigation, we will tell you our decision. At that
whose name appears on your Card.
point, if we think you owe an amount and you do not pay, we may report you as
Credit report disputes
delinquent.
If you believe the Account information we reported to a consumer reporting agen-
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
G. Optional products
Box 182120, Columbus, Ohio 43218-2120.
Credit insurance (as applicable)
Your written dispute must provide sufficient information to identify the Account
Purchasing credit insurance is optional. If you do choose to carry credit insur-
and specify why the information is inaccurate:
ance coverage, the premium charge will be added to your Account as a purchase
Account Information: Your name and Account number
on the last day of each billing period. You can cancel your coverage at any time.
Contact Information: Your address and telephone number
Account Assure Pro Debt cancellation (as applicable)
Disputed Information: Identify the Account information disputed and ex-
Purchasing Account Assure Pro is optional.
plain why you believe it is inaccurate
Your decision whether or not to purchase Account Assure Pro won't affect
Supporting Documentation: If available, provide a copy of the section of
your application for credit or the terms of any existing credit agreement you
the credit report showing the Account information you are disputing
have with us.
We will investigate the disputed information and report the results to you within
The monthly fee for Account Assure Pro is based on the outstanding month-
30 days of receipt of the information needed for our investigation. If we find that
ly balance on your Account each month and will be added to your State-
the Account information we reported is inaccurate, we will promptly provide the
ment.
necessary correction to each consumer reporting agency to which we reported
We'll provide additional information before you're required to pay for Ac-
the information.
count Assure Pro. This will include a copy of the terms and conditions
Your Billing Rights: Keep This Document For Future Use
pertaining to Account Assure Pro.
This notice tells you about your rights and our responsibilities under the Fair
You can cancel your Account Assure Pro at any time.
Credit Billing Act.
There are eligibility requirements, conditions, and exclusions that could
What To Do If You Find A Mistake On Your Statement
prevent you from receiving benefits under Account Assure Pro.
If
you think there is an error on your statement, write to us at: Comenity Capital
Be sure to carefully read the Addendum for a full explanation of the terms
Bank, PO Box 182620, Columbus, Ohio 43218-2620
of Account Assure Pro.
In your letter, give us the following information:
H. Communicating with us
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Communicating to you about your Account
Description of problem: If you think there is an error on your bill, describe
If we need to contact you to service your Account or to collect amounts you owe
what you believe is wrong and why you believe it is a mistake.
to us, you give direct consent to us, as well as servicers, agents, contractors and
You must contact us:
collectors of your Account, to communicate with you in any way, such as calling,
Within 60 days after the error appeared on your statement.
texting, or electronic mail via:
At least 3 business days before an automated payment is scheduled, if you
1)
a cell, landline, or text number you provide, use to contact us, or at which
want to stop payment on the amount you think is wrong.
we believe we can reach you (even if it is not yours),
You must notify us of any potential errors in writing. You may call us, but if you
2)
any electronic mail address you provide to us or one of our merchants,
do we are not required to investigate any potential errors and you may have to
3)
automated dialer systems and automatic telephone dialing systems,
pay the amount in question.
4)
pre-recorded or artificial voice messages and other forms of communica-
What Will Happen After We Receive Your Letter
tions.
When we receive your letter, we must do two things:
You also agree that these communications aren't unsolicited for purposes of any
1. Within 30 days of receiving your letter, we must tell you that we received your
state or federal law, and you understand that this may result in additional mobile,
letter. We will also tell you if we have already corrected the error.
text message, or data charges.
2. Within 90 days of receiving your letter, we must either correct the error or
Phone monitoring
explain to you why we believe the bill is correct.
To provide you with high-quality service, phone communication with us
is
While we investigate whether or not there has been an error:
monitored and/or recorded.
We cannot try to collect the amount in question, or report you as delinquent
You agree that we monitor and/or record any phone calls between you and
on that amount.
us.
The charge in question may remain on your statement, and we may continue
Please inform all authorized cardholders of this provision, including anyone
to charge you interest on that amount.
acting on your behalf or making payments on this Account.
While you do not have to pay the amount in question, you are responsible
For Wisconsin residents:
for the remainder of your balance.
If you are married, please contact us immediately upon receipt of this Agreement
We can apply any unpaid amount against your credit limit.
at 1-866-439-3677 (TDD/TTY 1-888-819-1918) and provide us with the name
After we finish our investigation, one of two things will happen:
and address of your spouse. We are required to inform your spouse that we have
If we made a mistake: You will not have to pay the amount in question or
opened a credit account for you.
any interest or other fees related to that amount.
For bankruptcy notifications:
If we do not believe there was a mistake: You will have to pay the amount in
All bankruptcy notices and related correspondence to Comenity Capital Bank
question, along with applicable interest and fees. We will send you a state-
should be sent to the following address: Comenity Capital Bank, Bankruptcy
ment of the amount you owe and the date payment is due. We may then
Department, PO Box 183043, Columbus, Ohio 43218-3043.
report you as delinquent if you do not pay the amount we think you owe.
I. Arbitration and jury trial waiver
If you receive our explanation but still believe your bill is wrong, you must write
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
A. Jury trial waiver
report you as delinquent without also reporting that you are questioning your bill.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
We must tell you the name of anyone to whom we reported you as delinquent,
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
and we must let those organizations know when the matter has been settled
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
between us.
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
If we do not follow all of the rules above, you do not have to pay the first $50 of
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
the amount you question even if your bill is correct.
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
B. Notice and cure
If you are dissatisfied with the goods or services that you have purchased with
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
your credit card, and you have tried in good faith to correct the problem with the
ing out of or related to this Agreement (as further defined below, a "Claim"),
merchant, you may have the right not to pay the remaining amount due on the
the party asserting the Claim (the "Claimant") shall give the other party (the
purchase.
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
shall be sent in writing to the address we have in our records (or any updated
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
address you subsequently provide to us). Any Claim Notice to us shall be sent by
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
(or any updated address we subsequently provide). Any Claim Notice you send
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
must provide your name, address and Account number. Any Claim Notice must
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
explain the nature of the Claim and the relief that is demanded. You may only
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
submit a Claim Notice on your own behalf and not on behalf of any other party.
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
No third party, other than a lawyer you have personally retained, may submit a
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
ing any information about the Claim that the other party reasonably requests.
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
C. Arbitration provision
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
OR MULTIPLE-PARTY ARBITRATION.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
must take place at a location reasonably convenient to you. We will pay any and
1.
Your Right to Reject: If you don't want this Arbitration Provision (and any
all fees of the Administrator and/or the arbitrator if applicable law requires us
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
to, if you prevail in the arbitration or if we must bear such fees in order for this
to apply, you may reject it by mailing us a written rejection notice which gives the
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
name of each Cardholder and contains a statement that you (both of you, if more
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
than one) reject the Arbitration Provision of this Agreement. The rejection notice
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
fees if applicable law requires us to.
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
9. Governing Law: This Arbitration Provision involves interstate commerce and
if more than one) and if we receive it within thirty (30) calendar days after the
is
governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"), and
date we first provide you with a credit card agreement or written notice providing
not by any state arbitration law. The arbitrator must apply applicable substantive
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
law consistent with the FAA and applicable statutes of limitations and claims of
Provision will not affect any other provision of this Agreement or your ability to
privilege recognized at law. The arbitrator may award any remedy provided by the
obtain credit.
substantive law that would apply if the action were pending in court (including,
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
without limitation, punitive damages, which shall be governed by the Constitu-
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
tional standards employed by the courts). At the timely request of either party,
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
the arbitrator must provide a brief written explanation of the basis for the award.
employees, officers and directors of such companies (the "Bank Parties"); and
10. Right to Discovery: In addition to the parties' rights to obtain discovery
(b) any other person or company that provides any services in connection with
pursuant to the arbitration rules of the Administrator, either party may submit
this Agreement if you assert a Claim against such other person or company at the
a written request to the arbitrator to expand the scope of discovery normally al-
same time you assert a Claim against any Bank Party.
lowable under the arbitration rules of the Administrator. The arbitrator shall have
3. Covered Claims: "Claim" means any claim, dispute or controversy between
discretion to grant or deny that request.
you and us that in any way arises from or relates to this Agreement, the Account,
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
the issuance of any Card, any rewards program, any prior agreement or account.
award may be entered by any court having jurisdiction. The arbitrator's decision
"Claim" includes disputes arising from actions or omissions prior to the date
is final and binding, except for any right of appeal provided by the FAA. However,
any Card was issued to you, including the advertising related to, application for
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
or approval of the Account. "Claim" has the broadest possible meaning, and
or declaratory relief that could foreseeably involve a cost or benefit to either party
includes initial claims, counterclaims, cross-claims and third-party claims. It
exceeding $50,000, any party can, within 30 days after the entry of the award
includes disputes based upon contract, tort, consumer rights, fraud and other
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
intentional torts, constitution, statute, regulation, ordinance, common law and
Administrator. The panel shall reconsider anew any aspect of the initial award
equity (including any claim for injunctive or declaratory relief). "Claim" does not
requested by the appealing party. The decision of the panel shall be by majority
include disputes about the validity, enforceability, coverage or scope of this Arbi-
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
tration Provision or any part thereof (including, without limitation, the prohibition
panel if an appeal of the arbitrator's decision has been taken. The costs of such
against class proceedings, private attorney general proceedings and/or multiple
an appeal will be borne in accordance with Paragraph C.8. above.
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
last sentence of Paragraph 0.13 and/or this sentence); all such disputes are for
ment of all amounts owed under this Agreement, the closing of the Account, any
a court and not an arbitrator to decide. However, any dispute or argument that
legal proceeding and any bankruptcy to the extent consistent with applicable
concerns the validity or enforceability of the Agreement as a whole is for the
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
arbitrator, not a court, to decide.
tion Provision, on the one hand, and the applicable arbitration rules or the other
4. Starting an Arbitration: Arbitration may be elected by any party with respect
provisions of this Agreement, on the other hand, this Arbitration Provision shall
to any Claim, even if that party has already initiated a lawsuit with respect to a
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
different Claim. Arbitration is started by giving a written demand for arbitration
13. Severability: If any portion of this Arbitration Provision, other than the Class
to the other party. We will not demand to arbitrate an individual Claim that you
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
bring against us in small claims court or your state's equivalent court, if any. But
nevertheless remain in force. If a determination is made that the Class Action
if that Claim is transferred, removed or appealed to a different court, we then
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
have the right to demand arbitration.
main in force and the remaining provisions shall be null and void, provided that
5. Choosing the Administrator: "Administrator" means the American Arbitration
the determination concerning the Class Action Waiver shall be subject to appeal.
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
14. Special Payment: If (1) you submit a Claim Notice in accordance with
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
jamsadr.com; or any other company selected by mutual agreement of the par-
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
subsequently determines that you were entitled to such relief (or greater relief),
to select an Administrator by mutual consent, the Administrator will be selected
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
by a court. The arbitrator will be appointed by the Administrator in accordance
you are entitled).
with the rules of the Administrator. However, the arbitrator must be a retired or
former judge or a lawyer with at least 10 years of experience. You get to select the
comenity
Comenity Capital Bank, Salt Lake City, UT
Administrator if you give us written notice of your selection with your notice that
you are electing to arbitrate any Claim or within 20 days after we give you notice
that we are electing to arbitrate any Claim (or, if you dispute our right to require
408ALLN052313
arbitration of the Claim, within 20 days after that dispute is finally resolved).
OUACCA0314
If you do not select the Administrator on time, we may do it. Notwithstanding
any language in this Arbitration Provision to the contrary, no arbitration may be
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
Class Action Waiver.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime Rate plus
19.74%, 15.74% or 9.74%
when you open your
(APR) for Purchase
account, based on your creditworthiness.
After that, this APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime Rate plus 20.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 23 days after the close of each billing cycle. We will not
charge you interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 4% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 4% of the amount of the cash advance.
Convenience Check
The greater of $10 or 4% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
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