Your Home & Garden Showplace Discover Credit Card account
344841019 (03/14)
agreement.
This card is issued by Comenity Capital Bank pursuant to a li-
Add to Index
APR
cense from Discover Financial Services. Discover is a registered
Daily Periodic Rate
trademark of Discover Financial Services. This Agreement COV-
Tier 1 Purchase APR
21.74%
24.99%
0.06846%
ers the Terms and Conditions of your account with us. In this
Tier 2 Purchase APR
16.74%
19.99%
0.05476%
document, you will find important information about using and
managing your account, including a Privacy Statement and infor-
Tier 3 Purchase APR
10.74%
13.99%
0.03832%
mation concerning your billing rights. Your use of the account, or
Balance Transfers and
22.74%
25.99%
0.07120%
failure to close the account within the 30 days of receiving this
Cash Advances
document, indicates your acceptance of the terms of this agree-
ment, including the assessment of any interest charges and fees.
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Section I of this Agreement also includes a Jury Trial Waiver and
billing period in which interest is due. For additional information, see Rates in
Section D.
an Arbitration Provision in the event of a dispute.
You have a right to reject this Arbitration Provision.
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
If you do not reject this Arbitration Provision, it will be part
ments for Regular Revolving and Promotional Credit Plan purchases plus any
of this Agreement and will:
Past Due amounts. The total Minimum Payment Due on your account won't be
o
Eliminate your right to a trial by jury; and
less than $25.00. If your Account balance is less than $25.00, you must pay the
amount indicated on your Statement in full. The Minimum Payment Due for each
o
Substantially affect your rights, including your right to
Regular Revolving and Cash Revolving Credit Plans will be:
bring, join in or participate in class proceedings.
The greater of:
Please read each section carefully and keep this document for
o
1% of the New Balance, excluding any new Regular Revolving or Cash
your records.
Revolving Credit Plan Finance Charges shown on the Statement; or
o
$5.00
In the following sections, you will find information on:
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
Financial terms of your account: An at-a-glance summary of the fees and charges
Charges shown on the Statement rounded up to the nearest $1.00.
associated with your account
See Minimum Payment in Section C below for promotional credit plan minimum
A.
Getting started: the basics of your account
payment calculations.
B.
The APR information described below is accurate as of March 1, 2014. Due to a
Keeping your account in good standing avoiding default, and what to do if
change in the index, this information may have changed. To find out more, call
your card is lost or stolen, as applicable
us at 1-855-842-9240 (TDD/TTY: 1-888-819-1918), or write us at Comenity
C.
Learning more about your account: credit plans, and credit limits, and how
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
payments are calculated and applied
site at comenity.net/gardenplacediscover.
D.
Interest, fees and charges: when and how fees and costs are applied to your
A. Getting Started
account
E.
Definitions
Other important information: legal rights, costs, and how we'll handle
changes to your account
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You'
F.
Disputes and reporting to consumer reporting agencies: data we provide,
and "Your" mean each person who submits an application or solicitation for an
and receive from, consumer reporting agencies, and what to do if you think
Account with us. "Account" means your credit card account with us. "Card"
there is an error on your periodic statement
means each credit card we issue for your Account, as applicable. "Credit Plan'
means one or more payment program options Home & Garden Showplace may
G.
Optional products: how to protect your account from fraud or theft, and
ask us to offer from time to time.
information on services that can help pay your debt in case of emergencies
Upholding your Agreement
H.
Communicating with us: what happens when you contact us
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
You agree to the terms of this Agreement, and promise to do everything
a jury trial waiver and Arbitration provision
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
Privacy statement: how we collect, use, share, and protect your personal informa-
bound if you sign a charge slip, or permit someone else to use the credit
tion; and the privacy choices you can make
provided.
Financial terms of your account
You agree that the credit extended under your Account will be used only for
personal, family or household purposes and not for business or commercial
Interest Rates and Interest Charges
purpose.
If the Account is a joint Account, you and the joint Account holder will
24.99%, 19.99%,
be bound by this Agreement. Each of you will be jointly and individually
responsible for repaying all amounts due. If more than one person is re-
or 13.99% when
sponsible for this Account, we will only provide billing statements and com-
you
Annual Percentage
munications to one of you.
open your account, based on your
Rate (APR) for
Any authorized user of your Account will be bound by the terms of this
creditworthiness.
Agreement. One additional Card may be issued with the individual name of
Purchases
an authorized user embossed on the Card. If you want to revoke the use of
After that, this APR will vary with the
your Account by an authorized user, either write us at the address, or call us
market based on the Prime Rate.
at the phone number, shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized
user, whether or not such transactions were authorized by you or made for
25.99%
your benefit.
APR for Balance
Card signature (as applicable)
Transfers and Cash
This APR will vary with the market
For your own protection, please sign your Card before using it. Keep in mind that
based on the Prime Rate.
Advances
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred on your Account.
Using your Account
Your due date is at least 23 days
Your Account may be used to make purchases from anywhere Discover is
after the close of each billing cycle.
accepted.
We will not charge you interest on
We reserve the right to not honor transactions related to, including, but not
Paying Interest
purchases if you pay your entire
limited to, gambling, ATM usage at casinos, and illegal activities.
balance by the due date each month.
You may obtain a loan from us under your Account by using your Card or
We will begin charging interest on
a convenience check as follows: by purchasing goods or services with your
balance transfers and cash advances
Card or your Account number; by obtaining a cash advance from a financial
institution, by use of an ATM; by using a convenience check; or, by incurring
on the transaction date.
charges authorized by this Agreement.
Minimum Interest
If you are charged interest, the
From time to time, in our sole discretion, we may send you convenience
checks for use in borrowing under this Agreement. All convenience checks
Charge
charge will be no less than $2.00
you use will be treated as cash advances under this Agreement, and subject
per credit plan
to the terms and fees that apply to cash advances, unless we advise you
otherwise.
To learn more about factors to
You agree that convenience checks that you use will not be returned to you.
For Credit Card Tips
consider when applying for or
You may not use the convenience checks to make payments on any Co-
from the Consumer
using a credit card, visit the
menity Capital Bank Account.
Financial Protection
website of the Consumer Financial
You agree not to use a convenience check, and we do not have to pay any
Bureau
Protection Bureau at http://www.
convenience check:
consumerfinance.gov/learnmore.
o
if you are in default under this Agreement;
o
if payment of that convenience check would cause your outstanding
cash advance balance to exceed your cash advance limit; or o if
we
Fees
cancel or suspend your right to use convenience checks
From time to time, in our sole discretion, we may offer you the ability
to
Annual Fee
transfer account balances from other credit card accounts you may have
None
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
Transaction Fees
You may use the Card to obtain cash advances through certain ATMs. You
will be given a Personal Identification Number (PIN) which must be used in
Balance Transfer
The greater of $10 or 3% of
order to obtain an ATM cash advance.
the amount of the balance
o
Some limitations on ATM cash advances may apply, such as limita-
transfer.
tions on dollar amount, number, or currency denominations.
o
You agree that any charges imposed by third parties for use of their
Cash Advance
The greater of $10 or 3%
ATM facilities will be added to your Account balance as a cash ad-
of the amount of the cash
vance.
advance.
If you make a purchase or obtain a cash advance in a foreign currency, it
Convenience Checks
The greater of $10 or 3% of
will be converted by Discover into U.S. dollars in accordance with Discover
the amount of the convenience
Operating Regulations in effect at the time the transaction is processed.
o
The currency conversion rate in effect on the processing date may dif-
check.
fer from the rate in effect on the transaction date or the posting date.
Foreign Transaction
3% of each transaction in U.S.
o
The currency conversion rate used may be the same as, greater than, or
dollars.
less than the amount that would be calculated by conversion through
a financial institution in the country in which the purchase or cash
Penalty Fees
advance occurred.
Late Payment
Up to $35.00
Making payments
Returned Payment
Up to $35.00
Pay your Account by sending a check, money order, or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
specified for payments. Please don't send cash.
How We Will Calculate Your Balance: We use a method called
Be sure to include your payment stub, do not staple your payment to the
"daily balance." See your Account agreement for more details.
stub, use the envelope provided with your Statement and don't send any
correspondence with your payment.
Billing Rights: Information on your rights to dispute
If your payment doesn't meet these requirements, it may not be credited to
transactions and how to exercise those rights is provided in your
your Account for up to five days, or may be rejected.
account agreement.
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
Comenity Capital Bank 1-855-842-9240 (TDD/TTY 1-888-819-1918)
Antonio, Texas 78247-5004.
New York Residents: New York Residents may contact the New York state Depart-
o
We may accept a payment sent to any other address without losing any
ment of Financial Services by telephone or visit its website for free information
of our rights.
on comparative credit card rates, fees, and grace periods. New York Department
o
No payment shall operate as an accord and satisfaction without our
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
prior written approval.
Rate Information: The following chart provides details on your variable rate(s) as
of March 1, 2014. We divide the APR by 365 to determine the daily periodic
rate.
B. Keeping your account in good standing
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown on your last Statement, there will be an interest
Avoiding default
charge on each purchase from the date of purchase.
You'll be in default under this Agreement if you:
If you make a purchase under any Waive Interest Credit Plan, we won't
Fail to make any payment when due
charge interest on the purchase if you pay the total purchase amount be-
Violate any provision of this Agreement
fore the end of the promotional period. If you don't pay the total purchase
Pass away
amount before the end of the promotional period, we'l add the remaining
Become the subject of bankruptcy or insolvency proceedings
amount to your Regular Revolving balance. We'll also begin charging inter-
est on the purchase from the first day after the promotional period ends.
Supply us with misleading, false, incomplete or incorrect information
If you make a purchase under any Defer Interest Promotional Credit Plan
Are unable or unwilling to perform the terms or conditions of this Agreement
and don't pay the total amount before the end of the promotional period,
Fail to supply us with any information we deem necessary
we'll add the remaining purchase amount and the amount of accrued inter-
Default under any other loan or agreement you have with us or any of our
est to your Regular Revolving balance.
affiliates
If you make a purchase under a Low APR, Equal Payment Credit Plan,
Become incompetent
interest will be assessed from the date of purchase through the end of the
Exceed your Credit Limit
promotional period.
Issue a payment returned unpaid by your bank for any reason
How we calculate Interest Charges on your Account
If we consider your Account in default, we may suspend your ability to make
We calculate interest separately for each Credit Plan, using a "Daily Balance"
charges, close your Account, require you to pay the full amount you owe im-
to determine interest charges for each billing period. Our calculation method is
mediately or take any other action permitted by law. If applicable law requires
as follows:
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
We start with the beginning balance on your Account each day (including
your default.
unpaid interest charges and fees).
Reporting a lost or stolen card (as applicable)
We subtract any payments or credit adjustments (treating any net credit
If you notice the loss or theft of your credit card or a possible unauthorized use
balance as a zero balance) and add new transactions and debit adjustments
of your card, you should write to us immediately at PO Box 183003, Columbus,
posted as of that day. This gives us the "Partial Daily Balance" for the day.
Ohio 43218-3003 or call us at 1-855-842-9240 (TDD/TTY: 1-888-819-1918).
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You will not be liable for any unauthorized use that occurs after you notify us.
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
You may, however, be liable for unauthorized use that occurs before your notice
the day's Partial Daily Balance.
to us. In any case, your liability will not exceed $50.
We've now determined the "Daily Balance," which will be the beginning
C. Learning more about your account
balance for the following day. This results in daily compounding of interest
Credit Plans
charges.
At the end of each billing period, we add together each Credit Plan's Daily
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
Interest Charge, which gives us the total interest charge.
it Plan and one or more promotional Credit Plans. Credit Plans offered and
their particular features (including but not limited to minimum purchase
Your Statement will show a Balance Subject to Interest Rate, which is the
requirements and minimum payment) may vary occasionally at our discre-
sum of the Daily Balances for each day in the billing period divided by the
tion and include one or more Regular Revolving or promotional Credit Plans.
total number of days.
We may offer different promotional Credit Plans from time to time.
Rates
If a promotional Credit Plan is offered at the time you open your Account,
The Index in effect for each billing period will be the highest "Prime Rate"
this Agreement will include information about the terms for the Plan, by
of interest as published in the "Money Rates" section of The Wall Street
use of an insert, attachment, or other written information provided as part
Journal for the calendar month preceding the month in which the billing pe-
of this Agreement.
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
Normal late fees, returned payment fees and all other provisions apply to
Any variable APR may increase if the Index increases.
any promotional Credit Plan, unless inconsistent with a particular Credit
An increase or decrease in the APR will result in a corresponding increase
Plan offering.
or decrease in the amount of interest and may increase the Total Minimum
If the promotional Credit Plan purchase isn't paid in full before the promo-
Payment.
tional period ends, the balance will be transferred to your Regular Revolving
Other fees and charges
balance.
You agree to pay the following fees and charges:
Promotional Credit Plans may include:
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
o
Waive Interest, Payment Required o Defer Interest, Payment Required
ment Due Date, we will charge you a late fee.
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
o
The fee is $25.00 if you were not charged a late fee during any of the
o Waive Interest, Low Payment
o Low APR, Equal Payment
prior six billing periods.
o Defer Interest, Equal Payment
o Budget Payment
o
Otherwise, the fee is $35.00.
Skip-payment option
o
This fee will never exceed the minimum payment due that was due
At our discretion, we may allow you to skip making the Minimum Payment.
immediately prior to the date on which the fee was assessed.
Finance Charges will be assessed during the skip-payment period, but a late
Returned Payment Fee: We may charge you a fee for each payment that your
fee won't be imposed. This will not be considered a waiver of any of the
bank doesn't honor for any reason.
o
rights granted by this Agreement.
The fee is $25.00 if you were not charged a returned payment fee
during any of the prior six billing periods.
All other terms of your Account apply during the skip-payment period.
o
Otherwise, the fee is $35.00.
Credit limit
o
This fee will never exceed the minimum payment due that was due
Your Credit Limit is the total maximum amount we permit you to owe us at
immediately prior to the date on which the fee was assessed.
any time.
Although we may decide to do so, we aren't required to attempt to collect a
You may not exceed any Credit Limit that we set for your Account.
payment more than once.
If you do exceed your Credit Limit, we can still charge you for all transac-
Document Fees: If we provide you with a copy of any Statement, sales draft
tions, interest and other charges without giving up any of our rights under
or similar document at your request (except in connection with billing error
this Agreement.
inquiries or resolution), we may charge the Account the following fee(s),
We may change your Credit Limit at any time.
subject to any limitations of applicable law:
o
Statement copy $6.00
Account cancellation
o
Sales/Credit Draft copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
o
Check/Money Order copy $6.00
you owe us.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may cancel your Account at any time, for any reason.
ods that allow you to make individual, expedited payments to your Account
We may refuse to authorize any transaction on your Account. We may also
over the phone. If you choose to use this payment method, we may assess
suspend your Account and your right to use your Card, including each Card
the current fee we charge for this service, subject to any limitations of ap-
you give to others.
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
We may stop offering any Credit Plan at any time, for any reason.
you know the current fee before you authorize any payment(s), and you can
Cancellation or suspension of your Account doesn't negate your obligation
withdraw your request if you don't want to pay the fee.
to pay any amount you owe us.
Cash Advance Fee: For any cash advance obtained in person from a finan-
cial institution or through an ATM, you will pay a transaction fee equal to
Cancellation of your Account includes each Card you give to others.
the greater of $10 or 3% of the amount of the cash advance. You take a
Cards are issued with an expiration date. We have the right not to renew
cash advance if you use a convenience check: get money through an auto-
your Account.
mated teller machine (ATM); or get money through a financial institution.
Minimum Payment
Convenience Check Fee: For any convenience check written against your
You can pay all of your Account balance at any time without
Account, you will pay a transaction fee equal to the greater of $10 or 3% of
penalty.
the amount of the convenience check.
You must pay at least the Total Minimum Payment for each billing period by
Balance Transfer Fee: For any balance transfer from another account, you
the Payment Due Date shown on your Statement.
will pay a transaction fee equal to the greater of $10 or 3% of the amount
of the balance transfer.
The Minimum Payment is the total of the minimum payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Foreign Transaction Fee: For any charge or cash advance outside the United
States or in a foreign currency, you will pay a transaction fee equal to 3%
The Total Minimum Payment won't be less than $25.00. If your Account
of the U.S. dollar amount of the transaction. If a charge or cash advance
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
Statement in full.
Discover) will select either (1) a rate from the range of rates available in
The minimum payment for each Credit Plan is calculated as follows:
wholesale currency markets for the applicable central processing date,
o
The minimum payment for the Waive Interest, Payment Required and
which may vary from the rate the network provider itself receives, or (2) a
Defer Interest, Payment Required Credit Plans will be the greater of:
government-mandated rate in effect for the applicable central processing
(a) $5.00 or
date.
(b) 4% (rounded up to the nearest $1.00) of the New Balance
Return Convenience Check Fee: For each convenience check written against
shown on your Statement for that Credit Plan.
your Account which fails to clear and is returned unsatisfied, you will pay a
o
The minimum payment for the Waive Interest, Equal Payment
and
fee of up to $35.
Defer Interest, Equal Payment Credit Plans will be the amount of the
purchase divided by the number of months between the date of the
Stop Payment Fee: For each convenience check written against your Ac-
purchase and the promotional period end date (minimum $5.00)
count on which you request us to stop payment, you will pay a fee of up to
rounded up to the nearest $1.00.
$35, regardless of whether we actually stop payment on the convenience
o
The minimum payment for the Low APR, Equal Payment Credit Plan
check.
will be the amount of the purchase including the calculated interest
E. Other important information
charges that will be assessed from the date of purchase through the
Collection costs
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
To the extent not prohibited by applicable law, you agree to pay the reasonable
(minimum $5.00) rounded up to the nearest $1.00.
costs for collecting amounts due, including reasonable attorney's fees and court
o
The minimum payment for the Waive Interest, Low Payment and Defer
costs incurred by us or another person or entity.
Interest, Low Payment Credit Plans will be the greater of:
Changes
(a) $5.00 or
We may add, change, or delete the terms of your Account. If required by appli-
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
cable law, we will give you advance written notice of the change(s) and a right to
shown on your Statement for that Credit Plan.
reject the change(s).
Payment application
Security Interest
We reserve the right to apply payments equal to or less than the Total Mini-
You grant us a security interest in all goods you purchase through the use of the
mum Payment however we see fit. which may result in balances subject to
Account, now or at any time in the future and in all accessions to and proceeds of
lower interest rates being paid prior to other balances. This may also result
such goods. We waive any security interest we may have in your principal dwell-
in higher interest charges.
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Any payment you make in excess of the required Total Minimum Payment
Changes to your information
will be allocated to your Account as required by applicable law.
You agree to notify us immediately of any changes to your name, mailing address,
Excess payments received before a deferred interest promotion expires are
electronic mail address or telephone number(s).
applied to the deferred interest promotional balance first in the last two
Governing Law
billing periods of the promotional period.
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
D. Interest, fees and charges
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
MITTED OR REQUIRED BY APPLICABLE LAW.
Interest charges
Transfer of Rights/Assignment
There is no period in which you can pay back a cash advance, any other
Your rights under this Agreement can't be transferred by you, by operation of law
transaction treated as a cash advance under this Agreement, or a balance
or otherwise, but your obligations will be binding upon your estate or personal
transfer to avoid incurring a Finance Charge. For a cash advance using a
representatives. We may transfer or assign your Account and/or this Agreement,
convenience check, the date of the advance is the date the convenience
or any of our rights under this Agreement, to another person or entity at any time
check is presented to us or our agent for payment. For all other cash ad-
without prior notice to you or your consent.
vances, the date of the advance is the date you obtained the advance.
No Waiver of Rights
If you make a purchase under a Regular Revolving Credit Plan, interest
We can delay enforcing our rights under this Agreement without losing them.
charges won't be imposed in any billing period in which (i) no Previous Bal-
Severability
ance exists or (ii) payments received and credits issued by the Payment Due
Date, equal or exceed the Previous Balance.
If any provision of this Agreement is in conflict with applicable law, that provision
will be considered to be modified to conform with applicable law.
Notice to New Jersey Residents
If we do not follow all of the rules above, you do not have to pay the first $50 of
All provisions of this agreement are valid, enforceable and applicable in New
the amount you question even if your bill is correct.
Jersey.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
F. Disputes and Reporting to Consumer Reporting Agencies
If
you are dissatisfied with the goods or services that you have purchased with
your credit card, and you have tried in good faith to correct the problem with the
Credit Reports
merchant, you may have the right not to pay the remaining amount due on the
You give us permission to investigate your credit record.
purchase.
You agree that a credit report may be requested in connection with the
To use this right, all of the following must be true:
processing of your credit application. A report may also be requested in
1. The purchase must have been made in your home state or within 100 miles
connection with a credit extension, credit limit request, Account renewal or
of your current mailing address, and the purchase price must have been more
update, Account collection action, or dispute investigation. Upon request,
than $50. (Note: Neither of these are necessary if your purchase was based on
we will tell you the name and address of any consumer reporting agency that
an advertisement we mailed to you, or if we own the company that sold you the
furnished a report on you. You consent to the obtaining of such reports by
goods or services.)
signing or otherwise submitting an application or solicitation.
2. You must have used your credit card for the purchase. Purchases made with
You understand that we may report negative information (such as, late pay-
cash advances from an ATM or with a check that accesses your credit card ac-
ments, missed payments, or other defaults) about your Account to con-
count do not qualify.
sumer reporting agencies.
3. You must not yet have fully paid for the purchase.
If
all of the criteria above are met and you are still dissatisfied with the purchase,
You give us permission to provide information about your Account to con-
contact us in writing at:
sumer reporting agencies and other creditors, as well as to the retailer
Comenity Capital Bank
whose name appears on your Card.
PO Box 182620, Columbus, Ohio 43218-2620
Credit report disputes
While we investigate, the same rules apply to the disputed amount as discussed
If you believe the Account information we reported to a consumer reporting agen-
above. After we finish our investigation, we will tell you our decision. At that
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
point, if we think you owe an amount and you do not pay, we may report you as
Box 182120, Columbus, Ohio 43218-2120.
delinquent.
Your written dispute must provide sufficient information to identify the Account
G. Optional products
and specify why the information is inaccurate:
Account Information: Your name and Account number
Credit insurance (as applicable)
Contact Information: Your address and telephone number
Purchasing credit insurance is optional. If you do choose to carry credit insur-
ance coverage, the premium charge will be added to your Account as a purchase
Disputed Information: Identify the Account information disputed and ex-
on the last day of each billing period. You can cancel your coverage at any time.
plain why you believe it is inaccurate
Account Assure Pro Debt cancellation (as applicable)
Supporting Documentation: If available, provide a copy of the section of
the credit report showing the Account information you are disputing
Purchasing Account Assure Pro is optional.
We will investigate the disputed information and report the results to you within
Your decision whether or not to purchase Account Assure Pro won't affect
30 days of receipt of the information needed for our investigation. If we find that
your application for credit or the terms of any existing credit agreement you
the Account information we reported is inaccurate, we will promptly provide the
have with us.
necessary correction to each consumer reporting agency to which we reported
The monthly fee for Account Assure Pro is based on the outstanding month-
the information.
ly balance on your Account each month and will be added to your State-
Your Billing Rights: Keep This Document For Future Use
ment.
This notice tells you about your rights and our responsibilities under the Fair
We'll provide additional information before you're required to pay for Ac-
Credit Billing Act.
count Assure Pro. This will include a copy of the terms and conditions
What To Do If You Find A Mistake On Your Statement
pertaining to Account Assure Pro.
If you think there is an error on your statement, write to us at: Comenity Capital
You can cancel your Account Assure Pro at any time.
Bank, PO Box 182620, Columbus, Ohio 43218-2620
There are eligibility requirements, conditions, and exclusions that could
In your letter, give us the following information:
prevent you from receiving benefits under Account Assure Pro.
Account information: Your name and account number.
Be sure to carefully read the Addendum for a full explanation of the terms
Dollar amount: The dollar amount of the suspected error.
of Account Assure Pro.
Description of problem: If you think there is an error on your bill, describe
H. Communicating with us
what you believe is wrong and why you believe it is a mistake.
Communicating to you about your Account
You must contact us:
If we need to contact you to service your Account or to collect amounts you owe
Within 60 days after the error appeared on your statement.
to us, you give direct consent to us, as well as servicers, agents, contractors and
At least 3 business days before an automated payment is scheduled, if you
collectors of your Account, to communicate with you in any way, such as calling,
want to stop payment on the amount you think is wrong.
texting, or electronic mail via:
You must notify us of any potential errors in writing. You may call us, but if you
1)
a cell, landline, or text number you provide, use to contact us, or at which
do we are not required to investigate any potential errors and you may have to
we believe we can reach you (even if it is not yours),
pay the amount in question.
2)
any electronic mail address you provide to us or one of our merchants,
What Will Happen After We Receive Your Letter
3)
automated dialer systems and automatic telephone dialing systems,
When we receive your letter, we must do two things:
4)
pre-recorded or artificial voice messages and other forms of communica-
1. Within 30 days of receiving your letter, we must tell you that we received your
tions.
letter. We will also tell you if we have already corrected the error.
You also agree that these communications aren't unsolicited for purposes of any
2.
Within 90 days of receiving your letter, we must either correct the error or
state or federal law, and you understand that this may result in additional mobile,
explain to you why we believe the bill is correct.
text message, or data charges.
While we investigate whether or not there has been an error:
Phone monitoring
We cannot try to collect the amount in question, or report you as delinquent
To provide you with high-quality service, phone communication with us is
on that amount.
monitored and/or recorded.
The charge in question may remain on your statement, and we may continue
You agree that we monitor and/or record any phone calls between you and
to charge you interest on that amount.
us.
While you do not have to pay the amount in question, you are responsible
Please inform all authorized cardholders of this provision, including anyone
for the remainder of your balance.
acting on your behalf or making payments on this Account.
We can apply any unpaid amount against your credit limit.
For Wisconsin residents:
After we finish our investigation, one of two things will happen:
If you are married, please contact us immediately upon receipt of this Agreement
If we made a mistake: You will not have to pay the amount in question or
at 1-855-842-9240 (TDD/TTY 1-888-819-1918) and provide us with the name
any interest or other fees related to that amount.
and address of your spouse. We are required to inform your spouse that we have
If we do not believe there was a mistake: You will have to pay the amount in
opened a credit account for you.
question, along with applicable interest and fees. We will send you a state-
For bankruptcy notifications:
ment of the amount you owe and the date payment is due. We may then
All bankruptcy notices and related correspondence to Comenity Capital Bank
report you as delinquent if you do not pay the amount we think you owe.
should be sent to the following address: Comenity Capital Bank, Bankruptcy
If you receive our explanation but still believe your bill is wrong, you must write
Department, PO Box 183043, Columbus, Ohio 43218-3043.
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
report you as delinquent without also reporting that you are questioning your bill.
I. Arbitration and jury trial waiver
We must tell you the name of anyone to whom we reported you as delinquent,
A. Jury trial waiver
and we must let those organizations know when the matter has been settled
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
between us.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
that we are electing to arbitrate any Claim (or, if you dispute our right to require
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
arbitration of the Claim, within 20 days after that dispute is finally resolved).
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
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
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
administered, without the consent of all parties to the arbitration, by any Admin-
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
istrator that has in place a formal or informal policy that is inconsistent with the
B. Notice and cure
Class Action Waiver.
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
ing out of or related to this Agreement (as further defined below, a "Claim"),
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
the party asserting the Claim (the "Claimant") shall give the other party (the
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
shall be sent in writing to the address we have in our records (or any updated
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
address you subsequently provide to us). Any Claim Notice to us shall be sent by
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
(or any updated address we subsequently provide). Any Claim Notice you send
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
must provide your name, address and Account number. Any Claim Notice must
explain the nature of the Claim and the relief that is demanded. You may only
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
submit a Claim Notice on your own behalf and not on behalf of any other party.
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
No third party, other than a lawyer you have personally retained, may submit a
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
ing any information about the Claim that the other party reasonably requests.
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
C. Arbitration provision
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
OR MULTIPLE-PARTY ARBITRATION.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
8.
Location and Costs of Arbitration: Any arbitration hearing that you attend
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
must take place at a location reasonably convenient to you. We will pay any and
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
all fees of the Administrator and/or the arbitrator if applicable law requires us
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
to, if you prevail in the arbitration or if we must bear such fees in order for this
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
to
apply, you may reject it by mailing us a written rejection notice which gives the
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
name of each Cardholder and contains a statement that you (both of you, if more
fees if applicable law requires us to.
than one) reject the Arbitration Provision of this Agreement. The rejection notice
9. Governing Law: This Arbitration Provision involves interstate commerce and
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"), and
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
not by any state arbitration law. The arbitrator must apply applicable substantive
if more than one) and if we receive it within thirty (30) calendar days after the
law consistent with the FAA and applicable statutes of limitations and claims of
privilege recognized at law. The arbitrator may award any remedy provided by the
date we first provide you with a credit card agreement or written notice providing
substantive law that would apply if the action were pending in court (including,
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
without limitation, punitive damages, which shall be governed by the Constitu-
Provision will not affect any other provision of this Agreement or your ability to
tional standards employed by the courts). At the timely request of either party,
obtain credit.
the arbitrator must provide a brief written explanation of the basis for the award.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
10. Right to Discovery: In addition to the parties' rights to obtain discovery
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
pursuant to the arbitration rules of the Administrator, either party may submit
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
a written request to the arbitrator to expand the scope of discovery normally al-
employees, officers and directors of such companies (the "Bank Parties"); and
lowable under the arbitration rules of the Administrator. The arbitrator shall have
(b) any other person or company that provides any services in connection with
discretion to grant or deny that request.
this Agreement if you assert a Claim against such other person or company at the
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
same time you assert a Claim against any Bank Party.
award may be entered by any court having jurisdiction. The arbitrator's decision
3. Covered Claims: "Claim" means any claim, dispute or controversy between
is final and binding, except for any right of appeal provided by the FAA. However,
you and us that in any way arises from or relates to this Agreement, the Account,
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
the issuance of any Card, any rewards program, any prior agreement or account.
or declaratory relief that could foreseeably involve a cost or benefit to either party
"Claim" includes disputes arising from actions or omissions prior to the date
exceeding $50,000, any party can, within 30 days after the entry of the award
any Card was issued to you, including the advertising related to, application for
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
or approval of the Account. "Claim" has the broadest possible meaning, and
Administrator. The panel shall reconsider anew any aspect of the initial award
includes initial claims, counterclaims, cross-claims and third-party claims. It
requested by the appealing party. The decision of the panel shall be by majority
includes disputes based upon contract, tort, consumer rights, fraud and other
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
intentional torts, constitution, statute, regulation, ordinance, common law and
panel if an appeal of the arbitrator's decision has been taken. The costs of such
equity (including any claim for injunctive or declaratory relief). "Claim" does not
an appeal will be borne in accordance with Paragraph C.8. above.
include disputes about the validity, enforceability, coverage or scope of this Arbi-
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
tration Provision or any part thereof (including, without limitation, the prohibition
ment of all amounts owed under this Agreement, the closing of the Account, any
against class proceedings, private attorney general proceedings and/or multiple
legal proceeding and any bankruptcy to the extent consistent with applicable
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
last sentence of Paragraph 0.13 and/or this sentence); all such disputes are for
tion Provision, on the one hand, and the applicable arbitration rules or the other
a court and not an arbitrator to decide. However, any dispute or argument that
provisions of this Agreement, on the other hand, this Arbitration Provision shall
concerns the validity or enforceability of the Agreement as a whole is for the
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
arbitrator, not a court, to decide.
13. Severability: If any portion of this Arbitration Provision, other than the Class
4. Starting an Arbitration: Arbitration may be elected by any party with respect
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
to any Claim, even if that party has already initiated a lawsuit with respect to a
nevertheless remain in force. If a determination is made that the Class Action
different Claim. Arbitration is started by giving a written demand for arbitration
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
to the other party. We will not demand to arbitrate an individual Claim that you
main in force and the remaining provisions shall be null and void, provided that
bring against us in small claims court or your state's equivalent court, if any. But
the determination concerning the Class Action Waiver shall be subject to appeal.
if that Claim is transferred, removed or appealed to a different court, we then
14. Special Payment: If (1) you submit a Claim Notice in accordance with
have the right to demand arbitration.
Paragraph B above on your own behalf (and not on behalf of any other party);
5. Choosing the Administrator: "Administrator" means the American Arbitration
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
subsequently determines that you were entitled to such relief (or greater relief),
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
jamsadr.com; or any other company selected by mutual agreement of the par-
you are entitled).
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
to select an Administrator by mutual consent, the Administrator will be selected
by a court. The arbitrator will be appointed by the Administrator in accordance
comenity
Comenity Capital Bank, Salt Lake City, UT
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
236ALLC083013
Administrator if you give us written notice of your selection with your notice that
344841019 (03/14)
you are electing to arbitrate any Claim or within 20 days after we give you notice
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
10.74%, 16.74% or 21.74%
when you open your
(APR) for Purchases
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 22.74%.
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 3% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 3% of the amount of the cash advance.
Convenience Check
The greater of $10 or 3% 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