Your Bon Ton Credit Card account agreement.
321761006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about
using
and
managing
your
account,
including
a
Privacy
you notice the loss or theft of your credit card or possible unauthorized use
Statement and information concerning your billing rights. Your
of your card, you should write to immediately at PO Box 182273, Columbus
use of the account, or failure to close the account within the
Ohio 43218-2273 call 1-855 (TDD/TTY: 1-800-695-1788).
You will not be liable for any unauthorized use that occurs after you notify us. You
30 days of receiving this document, indicates your acceptance
may however be liable for unauthorized use that occurs before your notice to us.
of the terms of this agreement, including the assessment of any
In any case, your liability will not exceed $50.
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit
Plans
an Arbitration Provision in the event of a dispute.
Your Account may consist of non promotional ("Regular Revolving" Credit
You have a right to reject this Arbitration Provision.
Plan and one or more promotional Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particular features (including but not limited to minimum purchase
of this Agreement and will:
quirements and minimum payment) may vary occasionally at our discretion
o
Eliminate your right to a trial by jury; and
and include one more Regular Revolving or promotional Credit Plans.
We offer different promotional Credit Plans from time to time.
o
Substantially affect your rights, including your right to
promotional Credi Plan offered at the time you open your Account,
bring, join in or participate in class proceedings.
this Agreement will include information about the terms for the Plan. by use
Please read each section carefully and keep this document for
of an insert, attachment. or other written information provided as part of this
your records.
Agreement.
In the following sections, you will find information on:
Normal late fees, returned payment fees and all other provisions apply to
any promotional Credit Plan, unless inconsistent with a particular Credit
Financial terms of your account: An -glance summary of the fees and charges
Plan offering.
associated
with
your
account
If the promotional Credit Plan purchase isn't paid in full before the promo-
A. Getting started: the basics of your account
tional period ends, the balance will be transferred to your Regular Revolving
B. Keeping your account in good standing: avoiding default, and what to do if
balance
card is lost stolen, applicable
Promotional Credit Plans may include:
C. Learning more about your account credit plans, and credit limits, and how
o Waive Interest Payment Required
o Defer Interest Payment Required
payments are calculated and applied
o Waive Interest Equal Payment
o Defer Interest Low Payment
D. Interest, fees and charges: when and how fees and costs are applied to your
o
Waive Interest. Low Payment
Low APR. Equal Payment
account
o Defer Interest. Equal Payment
0
Budget Payment
E. Other important information legal rights, costs, and how we'll handle
Skip-payment option
changes to your
At our discretion, we may allow you to skip making the Minimum Payment.
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Interest Charges will be assessed during the skip-payment period, late
and receive from, reporting agencies, and what to do if you think
fee won't be imposed. This will not be considered a waiver of any of the
there error on your periodic statement
rights granted by this Agreement.
G. Optional products: how to protect your account from fraud or theft. and
All other terms of your Account apply during the skip-payment period.
information services that can help pay your debt case of emergencies
Credit limit
H. Communicating with us: what happens when you contact us
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
Your Credit Limit is the total maximum amount we permit you to owe us at
any time.
a jury trial waiver and Arbitration provision
You may not exceed any Credit Limit that we set for your Account
Privacy statement: how collect, use. share, and protect your personal informa-
tion; and the privacy choices you can make
If you do exceed your Credit Limit we can still charge you for all transac-
tions, interest and other charges without giving up any of our rights under
Financial terms of your account
this Agreement.
We may change your Credit Limit at any time.
Interest Rates and Interest Charges
Account cancellation
24.99%
You may cancel your Account. You're still obligated to pay the full amount
Annual Percentage
you
owe
Rate (APR) for
This APR will vary with the market based
may cancel your Account at any time for any reason.
Purchases
on the Prime Rate.
We may refuse to authorize any purchase on your Account. We may also
suspend your Account and your right to use your Card. including each Card
you
give
Your due date is at least 25 days after
may stop offering any Credit Plan at any time, for any reason
Cancellation or suspensio of your Account doesn't negate your obligation to
How to Avoid
the close of each billing cycle. We will
pay
any
amount
you
owe
us.
Paying Interest
not charge you interest on purchases if
Cand llation of your Account includes each Card you give to others.
you pay your entire balance by the due
Minimum Payment
date each month.
You can pay all of your Account balance at any time without
Minimum Interest
penalty.
If you are charged interest, the charge
You must pay at least the Total Minimum Payment for each billing period by
Charge
will be no less than $2.00 per credit
the Payment Due Date shown on your Statement.
plan
The Minimum Payment the total of the minimum payments for the Regu-
For Credit
lar Revolving and Credit Plans plus any Past Due amounts.
To learn more about factors to consider
The Total Payment won't be less than $25 00. your Account
Card Tips from
when applying for or using a credit
balance less than $25.00, you must pay the amount indicated on your
the Consumer
card, visit the website of the Consumer
Statement full
Financial
Financial Protection Bureau at http://
The payment for each Credit Plan is calculated as follows:
Protection Bureau
www.consumerfinance.gov/learnmore.
o The minimum payments for Regular Revolving Credit Plans, Waive In-
terest, Payment Required and Defer Interest, Payment Required Credit
Plans will be the greater of:
Fees
(a) $5.00;
Annual Fee
None
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
Penalty Fees
o
The minimum payment for the Waive Interest. Equal Payment and De-
Late Payment
Up to $35
fer Interest, Equal Payment Credit Plans will be the amount of pur-
chase divided by the number of months between the date of pur-
Returned Payment
Up to $35
chase and the promotional period end date (minimum $5.00) rounded
up
to
the
nearest
$1.00.
How We Will Calculate Your Balance: We use a method called
o
The minimum payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
"daily balance. See your Account agreement for more details.
charges that assessed from the date of purchase through the
Billing Rights: Information on your rights to dispute transactions
end of the promotional period divided by the number of months be-
and how to exercise those rights is provided in your account
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00.
agreement.
0
The minimum payment for the Waive Interest Low Payment and Defer
Interest, Low Payment Credit Plans will be the greater of:
Rate Information The following chart provides details on your rate as of June 1,
(a) $5.00
2014. We divide the APR by 365 to determ ne the daily periodic rate.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Add Index
APR
shown on your Statement for that Credit Plan.
Daily Periodic Rate
Payment
application
Purchase APR
21.74%
24.99%
0.06846%
We reserve the right to apply payments equal to or less than the Total Mini-
mum Payment however see fit, which may result in balar subject to
We'll charge you minimum interest charge of $2.00 per credit plan for any
lower interest rates being paid prior to other balances. This may also result
billing period in which interest is due. For additional information, see Rates in
in
higher
interest
charges
Section
Any payment you make in excess of the required Total Minimum Payment
Minimum Payment:
will be allocated to your Account as required by applicable law.
The amount you pay each billing period ("Total Minimum Payment is the
Excess received before deferred interest promotion expires are
total of payments for Regular Revolving and promotional Credit Plan
applied to the deferred interest promotional balance first in the last two bill-
plus any Past Due amounts. The Total Minimum Payment won't be
ing periods of the promotional period.
less than your Account balance less than $25.00 you must pay the
D. Interest, fees and charges
amount indicated on your billing statement "Statement" in full. The minimum
Interest charges
payment due for each Regular Revolving Credit Plan will be the greater of:
(a)
$5.00;
or
If you make a purchase under a Regular Revolving Credit Plan, interest
3.5% the New Balance shown on your Statement for that
charges won't be imposed in any billing period in which (i) no Previous Bal-
Credit Plan (rounded up to the nearest $1.00).
ance exists (ii) payments received and credits issued by the Payment Due
See Minimum Payment in Section below for promotional credit plan minimum
Date. equal or exceed the Previous Balance.
payment
calculations.
If the New Balance shown on your last Statement isn't paid in full by the
The APR information described below is accurate as of June 2014. Due to a
Payment Due Date shown on your last Statement. there will be an interest
change the index, this information may have changed To find out more, call
charge each purchase from the date of purchase
-855 567-7738 (TDD/TTY: 1-800-695-1788), or write at Comenity
If you make a purchase under any Waive Interest Credit Plan,
won't
Bank. PO Box 182273 Columbus, Ohio 43218-2273 or visit our website at
charge
interest
on
the
purchase
you
pay
the
total
purchase
amount
be-
comenity net/bonton/
fore the end of the promotional period you don't pay the total
A. Getting Started
amount before the end of the promotional period, add the remaining
amount to your Regular Revolving balance. We'll also begin chargir inter-
Definitions
est on the purchase from the first day after the promotional period ends.
In this Agreement, "We, "Us" and "Our" mean Comenity Bank. "You" and
If you make purchase under any Defer Interest Credit Plan
"Your" mean each person who submits application solicitation for Ac-
and don't pay the total amount before the end of the promotional period,
count with us. "Account" credit card account with 'Card' means
we'l add the remaining purchase amount and the amount of accrued inter-
each
credit
card
we
issue
for
your
Account
applicable
'Credit
Plan"
means
est
to
your
Regular
Revolving
balance
one or more payment program options Bon Ton may ask us to offer from time to
If you make purchase under Low APR, Equal Payment Credit Plan,
time.
interest will be from the date of purchase through the end of the
Upholding your Agreement5
promotional
period.
You agree to the terms of this Agreement, and promise to do everything
How we calculate Interest Charges on your Account
required you sign submit an application or solicitation obtain
We calculate interest separately for each Credit Plan, using "Daily Balance" to
credit from you be legally bound by this Agreement You're also legally
determine interest charges for each billing period. Our calculation method is as
bound you sign charge slip, or permit someone else to use the credit
follows:
provided
We start with the beginning balance on your Account each day (including
You agree that the credit extended under your Account will be used only for
unpaid
interest
charges
and
fees).
personal, family or household purposes and not for business or commercial
We subtract any payments credit adjustments (treating any net credit
purpose
balance as zero balance) and add new transactions and debit adjustments
the Account is joint Account, you and the joint Account holder will be
posted as of that day. This gives us the "Partial Daily Balance" for the day.
bound by this Agreement Each of you will be jointly and individual respon-
We then multiply the Partial Daily Balance for the day by the Daily Periodic
sible for repaying amounts due. If more than one person is responsible
Rate This gives us the "Daily Interest Charge' for the day, which we add to
for this Account, we will only provide billing statements and communica-
the day's Partial Daily Balance
tions to one you.
We've now determined the "Daily Balance. which will be the beginning
Any authorized user of your Account will be bound by the terms of this
balance for the following day. This results in daily compounding of interest
Agreement. One additional Card may be issued with the individual name of
charges.
an authorized user embossed on the Card you want to revoke the use of
At the end of each billing period, we add together each Credit Plan's Daily
your Account by an authorized user, either write us at the address, or call us
Interest Charge, which gives us the total interest charge
at the phone number shown on your Statement.
Your Statement will show Balance Subject to Interest Rate, which is the
You agree to pay for all transactions made on your Account by an authorized
sum of the Daily Balances for each day in the billing period divided by the
user, whether or not such transactions were authorized by you or made for
total number of days.
your benefit.
Rates
Card signature (as applicable)
The Index in effect for each billing period will be the highest Prime Rate"
For your own protection, please sign your Card before using it. Keep in mind that
of interest as published the "Money Rates' section The Wall Street
your signature on the Card isn't t a prerequisite to your obligation to pay amounts
Journal for the calendar month preceding the month which the billing pe-
incurred your Account.
riod begins, rounded upward necessary, to the nearest .001% ("Index ').
Using
your
Account
Any
variable
APR
may
increase
the
Index
increases.
Your Account may be used to make purchases from Bon Ton and other re-
An increase or decrease the APR will result in corresponding increase
tailers may determine occasionally by notifying you via electronic mail,
or decrease in the amount of interest and may increase the Total Minimum
statement message. website posting, or other method.
Payment.
We reserve the right to not honor transactions related to, including, but not
Other fees and charges
limited to, gambling, ATM usage at casinos, and illegal activities.
You agree to pay the following fees and charges:
Making payments
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
Pay your Account by sending check, money order, or cashier's check pay-
ment Due Date. we will charge you late fee
able in U.S. dollars, to the name and address shown on your Statement
o
The fee $25.00 you were not charged late fee during any of the
specified for payments Please don't send cash.
prior six billing periods
Be
sure
to
include
your
payment
stub,
do
not
staple
your
payment
to
the
o
Otherwise. the fee is $35.00.
stub, use the envelope provided with your Statement and don't send any
o
This fee will never exceed the minimum payment due that was due
correspondence
with
your
payment
immediately prior to the date on which the fee was
If your payment doesn't meet these requirements it may not be credited to
Returned Payment Fee: We may charge you fee for each payment that your
your Account for up to five days, or may be rejected
bank
doesn't
honor
for
any
reason
All written concer ning disputed amounts, including any
0 The fee $25.00 you were not charged returned payment fee dur-
check other payment marked with payment in full"
ing any of the prior six billing periods.
language, must sent 6550 North Loop 1604 East, Suite 101, San
o
Otherwise, the fee is $35.00
Antonio,
Texas
78247-5004
o
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
rights.
Although we may decide to do so, we aren't required to attempt to collect a
o
No payment shall operate as an accord and satisfaction without our
payment
more
than
once
prior written approval
Document Fees we provide you with copy of any Statement, sales draft
B. Keeping your account in good standing
or similar at your request (except in connect with billing error
Avoiding default
inquiries or we may charge the Account the following fee(s),
subject to any limitations of applicable law:
You'll be in default under this Agreement if you:
0
Statement copy $6.00
Fail to make any payment when due
Sales/Credit Draft copy $6.00
Violate any provision of this Agreement
o Check/Money Order copy
Pass
away
Alternative Payment Method Fee: We may offer alternative payment meth-
Become the subject of bankruptcy or insolvency proceedings
ods that allow you make dividual expedited payments to your Account
Supply us with misleading, false, complete or incorrect information
over the phone you choose this payment method we assess
Are unable or unwilling perform the terms or conditions of this Agreement
the current fee we charge for this service, subject to any limitations of ap-
Fail to supply us with any information we deem necessary
plicable law. Currently, that fee to $15.00 but may change. We'll let
Default under any other loan or agreement you have with us or any of our
affiliates
you know the current fee before you authorize any payment(s), and you can
withdraw your request you don't want to pay the fee.
Become incompetent
Exceed your Credit Limit
E. Other important information
Issue payment returned unpaid by your bank for any reason
Collection costs
If we consider your Account in default suspend your ability to make
To the extent not prohibited by applicable law. you agree to pay the reasonable
charges, close your Account require you to pay the full amount you owe im-
costs
for
collecting
amounts
due.
including
reasonable
attorney's
fees
and
mediately or take any other action permitted by law. applicable law requires
costs incurred by us or another person or entity.
so, we'l tell you in advance and/or give you the opportunity to remedy
your default
Changes
Arbitration and jury trial waiver
We may add, change, or delete the terms of your Account If required by appli-
A. Jury trial waiver
cable law, we will give you advance written notice of the change(s) and right to
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT
reject
the
change(s).
Security Interest
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR RELA
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
WAIVER
SHALL
NOT
AFFECT
You grant security interest in all goods you purchase through the use of the
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAI
Account,
now
or
at
any
time
in
the
future
and
all
to
and
proceeds
of
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAI
such goods. We waive any security interest we may have in your principal dwell
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
the extent that would otherwise secure any obligation arising hereunder.
B. Notice and cure
Changes
to
your
formation
Prior
to
bringing
lawsuit
or
initiating
an
arbitration
that
asserts
a
claim
ari
You agree to notify us immediately of any changes to your name, mailing address,
out of or related to this Agreement (as further defined below. "Claim
electronic mail address or telephone number(s).
party
asserting
the
Claim
(the
"Claimant"
shall
give
the
other
party
(the
De
Governing Law
dant" written notice of the Claim (a 'Claim Notice" and reasonable
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL
nity, not less than 30 days. to resolve the Claim. Any Claim Notice to you
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
be
sent
in
writing
to
the
address
we
have
in
records
(or
any
updated
add
OR BY APPLICABLE LAW.
you
subsequently
provide
to
us).
Any
Claim
Notice
to
us
shall
sent
by
ma
Transfer of Rights/Assignment
Comenity Bank, PO Box 182436, Columbus Ohio 43218-2436 (or any upda
Your rights under this Agreement can't be transferred by you, by operation of law
address
we
provide).
Any
Claim
Notice
you
send
must
provide
or otherwise, but your obligations will be binding upon your estate or
name, address and Account number Any Claim Notice must exp ain the na
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement.
of
the
Claim
and
the
relief
that
demanded.
You
may
only
submit
Claim
or any of our rights under this eement, to another person or entity at any time
tice on and not on behalf of any other party. No third party,
prior notice to you or your consent.
than lawyer you have retained, may submit Claim Notice on
No
Waiver
of
Rights
behalf The must reasonably cooperate providing any informa
We delay enforcing our rights under this Agreement without losing them.
about the Claim that the other party reasonably requests.
Severability
C.
Arbitration
provision
any provision of this Agreement is in conflict with applicable law, that provision
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJ
will considered to be modified to conform with applicable law.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
Notice to New Jersey Residents
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBS
All provisions of this agreement are valid, enforceable and applicable in New
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WH
Jersey.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
F. Disputes and Reporting to Consumer Reporting Agencies
1.
Your
Right
to
Reject:
If
you
don't
want
this
Arbitration
Provision
(and
prior arbitration agreement between you and us ("Prior Arbitration Agreement
Credit Reports
to
apply,
you
may
reject
by
mailing
us
written
rejection
notice
which
You give us permission to investigate your credit record.
the name of each Cardholder and contains statement that you (both of yo
You agree that credit report may be requested in connection the
more
than
one)
reject
the
Arbitration
Provision
of
this
Agreement.
The
rejec
processing of your credit application. A report may also be requested
in
notice must be sent to Comenity Bank, PO Box 182422, Columbus
connection
with
credit
extension,
credit
limit
request,
Account
or
43218-2422.
A
rejection
notice
is
only
effective
if
signed
by
you
(all
of
update. Account collection action, or dispute investigation. Upon request,
if more than one) and if we receive it within thirty (30) calendar days after
we
will
tell
you
the
name
and
address
of
any
consumer
reportin
agency
that
date
we
first
provide
you
with
credit
card
agreement
or
written
notice
provio
furnished a report on you. You consent to the obtaining of such reports by
you right to reject this Arbitration Provision. Your rejection of this Arbitra
signing
or
otherwise
submitting
application
or
solicitation.
will not affect any other provision of this Agreement or your abilit
You understand that we may report negative mation (such as, late pay-
obtain
credit.
ments, payments, or other defaults) about your Account to consumer
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
reporting
encies.
not elsewh in this Agreement) the terms we, 'us' and "our" mean (a)
You
give
us
permission
to
provide
information
about
your
Account
to
con-
menity Bank, any parent, subsidiary or affiliate of the Bank and the employ
sumer reporting agencies and other creditors, as well as to the retailer whose
officers
and
directors
of
such
(the
Bank
Parties"
and
(b)
any
6
name appears on your Card.
person or company that provides any services in connection with this Agreen
Credit report disputes
if you assert Claim against such other person or company at the same time
If you believe the Account information we reported to consumer reporting agen-
assert
Claim
against
any
Bank
Party.
cy inaccurate. you may submit direct dispute to Comenity Bank, PO Box
3.
Covered
Claims:
'Claim"
means
any
claim,
dispute
or
controversy
betw
182789, Columbus, Ohio 43218-2789.
you and us that any way arises from or relates to this Agreement, the Acco
Your written dispute must provide sufficient information to identify the Account
the
issuance
any
Card,
any
rewards
program,
any
prior
agreement
or
and specify why the information is inaccurate:
"Claim" includes disputes arising from actions or omissions prior to the
Account Information: Your name and Account number
any Card was issued to you, including the advertising related to,
Contact Information: Your address and telephone number
or approval of the Account. "Claim" has the broadest possible meaning,
Disputed Information: Identify the Account information disputed and ex-
includes
initial
claims,
counterclaims.
cross-claims
and
third-party
claims
plain
why
you
believe
inaccurate
includes
disputes
based
upon
contract
tort.
consumer
rights,
fraud
and
Supporting Documentation: If available, provide copy of the section of
the
intentional
torts,
constitution,
statute,
regulation,
ordinance,
common
law
credit report showing the Account information you are disputing
equity (including any claim for injunctive or declaratory relief). "Claim" does
We
will
investigate
the
disputed
information
and
report
the
results
to
you
within
include
disputes
about
the
validity,
enforceability,
coverage
or
scope
this
30 days of receipt of the information needed for our we find that
tration Provision or any part thereof (including, without limitation, the prohibi
the Account information reported is we will promptly provide the
class
private
attorney
general
proceedings
and/or
mult
cessary correction to each consumer reporting agency to which we reported
party
described
Paragraph
C.7
(the
"Class
Action
Waiver
the
last
sentence
Paragraph
C.
and/or
this
all
such
disputes
are
Your Billing Rights: Keep This Document For Future Use
court and not arbitrator to decide. However, any dispute argumen
This notice tells you about your rights and our responsibilities under the Fair
the validity or enforceability of the Agreement as whole is for
Credit Billing Act.
arbitrator,
not
court.
decide.
What To Do If You Find A Mistake On Your Statement
4. Starting an Arbitration: Arbitration be elected by any party with
you think there is an error on your statement, write to us at: Comenity Bank, PO
Claim, even party has already initiated a lawsuit with respect
Box 182782 Columbus, Ohio 43218-2782
different Claim. Arbitration is started by giving written demand for arbitra
In your letter, give the following information:
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
Claim
that
Account information: Your name and account number.
bring against us in small claims court your state's equivalent court, any.
Dollar
amount:
The
dollar
amount
the
suspected
error.
if that Claim is transferred, removed or appealed to different court, we
Description problem: If you think there an error on your bill, describe
have the right to demand arbitration
what you believe is wrong and why you believe it mistake.
5. Choosing the Administrator: "Administrator" means the American Arbitr.
You must contact
Association "AAA"), 1633 Broadway, 10th Floor, New York, NY 10019,
Within 60 days after the error appeared on your statement
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor,
New
York,
NY
10018
At least 3 business days before an automated payment is scheduled,
if
you
jamsadr.com; any other company selected by mutual agreement of the
want
to
stop
payment
on
the
amount
you
think
is
wrong.
ties.
both
AAA
and
JAMS
cannot
or
will
not
serve
and
the
parties
are
You must notify us of any potential errors in writing. You may call us, but if you
to select an Administrator by mutual consent, the Administrator will
do not required to investigate any potent errors and you may have to pay
by
court.
The
arbitrator
be
appointed
by
the
Administrator
in
accorda
the
amount
in
question
with the rules of the Administrator However, the arbitrator must be retire
What Will Happen After We Receive Your Letter
former
judge
or
lawyer
with
at
least
10
years
experience.
get
to
your letter, we must do two things
Administrator if you give us written notice of your selection with your notice
Within 30 days of receiving letter. must tell you that we received your
you
are
arbitrate
any
Claim
or
within
20
days
after
you
letter. We also tell have already corrected the error.
that
we
arbitrate
any
Claim
(or.
dispute
our
right
2. Within 90 days of receiving your letter, we must either correct the error or
of
the
Claim
within
20
days
after
that
dispute
finally
resolv
explain
to
you
why
believe
the
correct
you
not
select
the
Admini
strator
on
time,
do
it.
Notwith
While investigate whether not there has been an error:
any
language
this
Arbitration
Provision
to
the
contrary,
no
may
We cannot try to collect the amount in question or report you as delinquent
administered without the consent of all parties to the arbitration. by any Adr
on that amount
istrator that has place formal or informal policy that is inconsistent with
The charge question may remain on your statement, and we may continue
Class
Action
Waiver
to
charge
you
interest
on
that
amount
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF
While do not have to pay the amount in question, you are responsible for
OR WE ELECT TO ARBITRATE CLAIM, YOU WILL NOT HAVE THE RIGHT
the
of
your
balance
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. AL
We apply any unpaid amount against your credit limit
YOUR
ABILITY
TO
OBTAIN
INFORMATION
FROM
US
is
MORE
LIMITED
IN
After we finish our investigation one of two things will happen:
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD H
we made mistake: You will not have to pay the amount in question or any
IF
YOU
WENT
TO
COURT
MAY
ALSO
NOT
BE
AVAILABLE
IN
ARBITRATION
interest
or
other
fees
related
to
that
amount.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO AF
If
we
not
believe
there
mistakes
You
will
have
to
pay
the
amount
in
TRATE
A
CLAIM:
(1)
NEITHER
YOU
NOR
WE
MAY
PARTICIPATE
IN
A
CL/
question along with applicable interest and fees. We will send you state-
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS PLA
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
TIFF,
DEFENDANT
OR
CLASS
MEMBER:
(2)
NEITHER
YOU
NOR
WE
MAY
report
you
delinquent
you
pay
the
amount
we
think
you
owe.
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION:
If
you
receive
our
explanation
but
still
believe
your
bill
wrong,
you
must
write
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
CONSO
us
within
10
days
telling
us
that
you
still
refuse
to
pay.
you
do
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: A
report
you
without
also
ing
that
you
your
bill.
(4)
THE
ARBITRATOR
SHALL
HAVE
NO
POWER
OR
AUTHORITY
TO
CONDI
We must tell you the name of anyone to whom we reported you as delinqu
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL ARBITRAT
and must let those organizations know when the matter has been settled
OR MULTIPLE-PARTY ARBITRATION.
between
8.
Location
and
Costs
of
Arbitration:
Any
arbitration
hearing
that
you
att
not follow all of the rules above, you do not have to pay the first $50 of
must
take
place
convenient
to
you.
We
will
pay
any
the
amount
you
questio
even
your
bill
all
fees
of
the
and/or
the
arbitrator
applicable
law
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
to,
prevail
the
arbitration
or
if
we
must
bear
such
fees
order
for
If
you
are
dissatisfied
with
the
goods
services
that
you
have
purchased
with
Arbitration
Provision
to
be
enforced.
If
you
demand
an
arbitration,
will
your credit card, and you have tried in good faith to correct the problem with the
your reasonable attorneys and experts fees you prevail or must bear
merchant,
you
may
have
the
right
not
to
pay
the
remaining
amount
due
on
the
fees in order for this Arbitration Provision to be enforced. Also, we will bear
purchase.
fees if applicable law requires us to.
To use this right, all of the following must be true
9.
Governing
Law:
This
Arbitration
Provision
involves
interstate
commerce
The purchase must have been made in your home state or within 100 miles
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"
of
your
current
mailing
address.
and
the
purchase
price
must
have
been
not
by
any
state
arbitration
law.
The
arbitrator
must
apply
applicable
substar
than $50. (Note Neither of these are necessary vour purchase was based on
law consistent with the FAA and applicable statutes limitations and claim
an
advertisement
we
mailed
to
you,
or
we
own
the
company
that
sold
you
the
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
provided
by
goods services.)
substantive law that would apply the action were pending in court (includ
2.
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
without limitation. punitive damages, which shall be governed by the Const
cash advances from an ATM or with check that accesses your credit card ac-
tional standards employed by the courts). At the timely request of either pa
count
do
not
qualify
the
arbitrator
must
provide
a
brief
written
explanation
of
the
basis
for
the
law
3. You must not yet have fully paid for the purchase.
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
obtain
disco
all of the criteria above are met and you are still dissatisfied with the purchase,
pursuant
the
arbitration
rules
of
the
Administrator.
either
party
may
sub
contact us in writing at:
a
written
request
to
the
arbitrator
to
expand
the
scope
of
discovery
normall
Comenity Bank
lowable under the arbitration rules of the Administrator. The arbitrator shall
PO Box 182782. Columbus, Ohio 43218-2782
discretion
to
or
deny
that
While
investigate,
the
same
apply
to
the
disputed
amount
as
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrat
above. After we finish our investigation, we will tell you our decision. At that
award may be by any jurisdiction. The
point, we think you owe an amount and you do not pay, we may report you
final
and
except
for
any
right
appeal
provided
by
the
FAA.
Howe
delinquent
if
the
amount
of
the
Claim
kceeds
.000
involves
request
for
injunc
G. Optional products
or
that
could
seeably
cost
or
benefit
to
either
exceeding $50. 000, any party can, within 30 days after the entry of the law
Credit insurance (as applicable)
by the arbitrator, appeal the award to three arbitrator panel administered by
Purchasing credit is optional If you do choose to carry credit insurance
Administrator.
The
panel
shall
econsider
anew
aspect
of
the
initial
aw
coverage,
the
premium
charge
will
be
added
to
your
Account
as
purchase
on
requested by the appealing party. The decision of the panel shall be by majo
the last day of each billing period. You cancel your coverage at any time.
vote. Reference in Arbitration Provision to "the arbitrator" mean
Account Assure Debt cancellation (as applicable)
panel an appeal of the arbitrator's decision has been taken. The costs of
Purchasing Account Assure is optional.
an
appeal
be
borne
in
with
Paragraph
C.8.
above.
Your decision whether or not to purchase Account Assure won't affect your
12. Rules of Interpretation: This Arbitration Provision shall survive the
re
app lication for credit or the terms of any existing credit agreement you have
all
owed
under
this
Agreement,
the
closing
of
the
with us.
legal proceeding and any bankruptcy to the extent with appli
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
bankruptcy
law.
the
event
of
conflict
inconsistency
between
this
Arbi
balance your Account each month and will be added your Statement
tion Provision, on the one hand, and the applicable arbitration rules the
We
provide
additional
information
before
you're
required
pay
for
Ac-
provisions of this Agreement, on the other hand. this Arbitration Provision
count Assure This will include copy of the terms and conditions pertain-
govern. This Arbitration Provision replaces any Prior Arbitration Agreement
ing
Account
Assure
13.
Severability:
If
any
portion
of
this
Arbitration
Provision,
other
than
the
C
You can cancel your Account Assure at any time.
Action Waiver, is deemed invalid or unenforceable. the remaining portions
There are eligibility requirements conditions. and exclusions that could pre-
nevertheless
remain
in
force.
If
a
determination
is
made
that
Class
Act
vent
you
from
receiving
benefits
under
Account
Assure
Waiver is unenforceable only this sentence of the Arbitration Agreement
Bei sure to carefully read the Addendum for a full explanation of the terms
main
in
force
and
the
remaining
provisions
shall
be
null
and
void,
provided
of Account Assure.
the
concerning
the
Class
Action
Waiver
be
subject
app
H. Communicating with us
14.
Special
Payment
(1)
you
submit
Claim
Notice
Communicating to you about your Account
ragraph
B
above
on
own
behalf
(and
not
on
behalf
of
any
other
par
If we need to contact you to service your Account or to collect amounts you owe
(2) we refuse to provide you the you request: and (3) arbitra
to
give
direct
as
contractors
and
subsequently
determines
that
were
entitled
such
consent
(or
to
well
greater
reli
us.
as
servicers.
agents,
collectors of your Account. to communicate with you in any way, such as calling,
the arbitrator shall award you at least $5,100 (plus any fees and costs to wh
texting, or electronic mail
you are entitled)
1)
cell, landline or text number you provide, use to contact us, or at which
we believe we can reach you (even is not yours),
comenity
Comenity Bank, Wilmington, DE
2)
any electronic mail address you provide to us or one of our merchants,
automated dialer systems and automatic telephone dialing systems,
321761006
4)
re-recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communications aren' unsolicited for purposes of any
state federal law. and understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communi 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.
For
Wisconsin
residents:
If you are married, please
contact
us
immediately
upon
receipt
of
this
Agreement
at 1-855-567-77 (TDD/TTY -800-695-1788) and provide us with the name
and address of your spouse. We are required to inform your spouse that we have
opened credit account for you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Bank should be
sent to the following address: Comenity Bank, Bankruptcy Department, PO Box
182125, Columbus, Ohio 43218-2125.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method