Your True Value Discover® Credit Card account agreement.
344861017 (03/14)
This card is issued by Comenity Capital Bank pursuant to a li-
We'll charge you a minimum interest charge of $2.00 per credit plan for any
cense from Discover Financial Services. Discover is a registered
billing period in which interest is due. For additional information, see Rates in
trademark of Discover Financial Services. This Agreement cov-
Section D.
ers the Terms and Conditions of your account with us. In this
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
ments for Regular Revolving and Promotional Credit Plan purchases plus any
document, you will find important information about using and
Past Due amounts. The total Minimum Payment Due on your account won't be
managing your account, including a Privacy Statement and infor-
less than $25.00. If your Account balance is less than $25.00, you must pay the
mation concerning your billing rights. Your use of the account, or
amount indicated on your Statement in full. The Minimum Payment Due for each
failure to close the account within the 30 days of receiving this
Regular Revolving and Cash Revolving Credit Plans will be:
document, indicates your acceptance of the terms of this agree-
The greater of:
o
ment, including the assessment of any interest charges and fees.
1% of the New Balance, excluding any new Regular Revolving or Cash
Revolving Credit Plan Finance Charges shown on the Statement; or
Section I of this Agreement also includes a Jury Trial Waiver and
o
$5.00
an Arbitration Provision in the event of a dispute.
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
You have a right to reject this Arbitration Provision.
Charges shown on the Statement rounded up to the nearest $1.00.
If you do not reject this Arbitration Provision, it will be part
See Minimum Payment in Section C below for promotional credit plan minimum
of this Agreement and will:
payment calculations.
The APR information described below is accurate as of March 1, 2014. Due to a
o
Eliminate your right to a trial by jury; and
change in the index, this information may have changed. To find out more, call
o
Substantially affect your rights, including your right to
us at 1-855-835-8414 (TDD/TTY: 1-888-819-1918), or write us at Comenity
bring, join in or participate in class proceedings.
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
Please read each section carefully and keep this document for
site at comenity.net/truevaluediscover.
your records.
A. Getting Started
In the following sections, you will find information on:
Definitions
Financial terms of your account: An at-a-glance summary of the fees and charges
In this Agreement, "We," "Us" and "Our" mean Comenity Capital Bank. "You"
associated with your account
and "Your" mean each person who submits an application or solicitation for an
A. Getting started: the basics of your account
Account with us. "Account" means your credit card account with us. "Card"
B.
Keeping your account in good standing: avoiding default, and what to do if
means each credit card we issue for your Account, as applicable. "Credit Plan"
your card is lost or stolen, as applicable
means one or more payment program options True Value may ask us to offer from
C.
Learning more about your account: credit plans, and credit limits, and how
time to time.
payments are calculated and applied
Upholding your Agreement
D.
Interest, fees and charges: when and how fees and costs are applied to your
You agree to the terms of this Agreement, and promise to do everything
account
E.
required of you. If you sign or submit an application or solicitation to obtain
Other important information: legal rights, costs, and how we'll handle
changes to your account
credit from us, you'll be legally bound by this Agreement. You're also legally
F.
Disputes and reporting to consumer reporting agencies: data we provide,
bound if you sign a charge slip, or permit someone else to use the credit
and receive from, consumer reporting agencies, and what to do if you think
provided.
there is an error on your periodic statement
You agree that the credit extended under your Account will be used only for
G.
Optional products: how to protect your account from fraud or theft, and
personal, family or household purposes and not for business or commercial
information on services that can help pay your debt in case of emergencies
purpose.
H.
Communicating with us: what happens when you contact us
If the Account is a joint Account, you and the joint Account holder will
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
be bound by this Agreement. Each of you will be jointly and individually
a jury trial waiver and Arbitration provision
responsible for repaying all amounts due. If more than one person is re-
Privacy statement: how we collect, use, share, and protect your personal informa-
sponsible for this Account, we will only provide billing statements and com-
tion; and the privacy choices you can make.
munications to one of you.
Financial terms of your account
Any authorized user of your Account will be bound by the terms of this
Agreement. One additional Card may be issued with the individual name of
Interest Rates and Interest Charges
an authorized user embossed on the Card. If you want to revoke the use of
your Account by an authorized user, either write us at the address, or call us
24.99%, 19.99%,
at the phone number, shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized
or 13.99%
user, whether or not such transactions were authorized by you or made for
Annual Percentage
when
you
your benefit.
Rate (APR) for
open your account, based on your
Card signature (as applicable)
Purchases
creditworthiness.
For your own protection, please sign your Card before using it. Keep in mind that
your signature on the Card isn't a prerequisite to your obligation to pay amounts
After that, this APR will vary with the
incurred on your Account.
market based on the Prime Rate.
Using your Account
Your Account may be used to make purchases from anywhere Discover is
APR for Balance
25.99%
accepted.
Transfers and Cash
This APR will vary with the market
We reserve the right to not honor transactions related to, including, but not
Advances
based on the Prime Rate.
limited to, gambling, ATM usage at casinos, and illegal activities.
You may obtain a loan from us under your Account by using your Card or
Your due date is at least 23 days after
a convenience check as follows: by purchasing goods or services with your
the close of each billing cycle. We will
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
not charge you interest on purchases
charges authorized by this Agreement.
Paying Interest
if you pay your entire balance by the
From time to time, in our sole discretion, we may send you convenience
due date each month. We will begin
checks for use in borrowing under this Agreement. All convenience checks
charging interest on balance transfers
you use will be treated as cash advances under this Agreement, and subject
and cash advances on the transaction
to the terms and fees that apply to cash advances, unless we advise you
otherwise.
date.
You agree that convenience checks that you use will not be returned to you.
Minimum Interest
If you are charged interest, the charge
You may not use the convenience checks to make payments on any Co-
Charge
will be no less than $2.00 per credit
menity Capital Bank Account.
You agree not to use a convenience check, and we do not have to pay any
plan
convenience check:
To learn more about factors to consider
o
if you are in default under this Agreement;
For Credit Card
o
if payment of that convenience check would cause your outstanding
Tips from the
when applying for or using a credit
cash advance balance to exceed your cash advance limit: or
Consumer Financial
card, visit the website of the Consumer
o
if we cancel or suspend your right to use convenience checks
Protection Bureau
Financial Protection Bureau at http://
From time to time, in our sole discretion, we may offer you the ability to
www.consumerfinance.gov/learnmore.
transfer account balances from other credit card accounts you may have
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
Fees
You may use the Card to obtain cash advances through certain ATMs. You
Annual Fee
None
will be given a Personal Identification Number (PIN) which must be used in
order to obtain an ATM cash advance.
Transaction Fees
o
Some limitations on ATM cash advances may apply, such as limita-
tions on dollar amount, number, or currency denominations.
Balance Transfer
The greater of $10 or 3% of
o
You agree that any charges imposed by third parties for use of their
ATM facilities will be added to your Account balance as a cash ad-
the amount of the balance
vance.
transfer.
If you make a purchase or obtain a cash advance in a foreign currency, it
Cash Advance
The greater of $10 or 3%
will be converted by Discover into U.S. dollars in accordance with Discover
of the amount of the cash
Operating Regulations in effect at the time the transaction is processed.
advance.
o
The currency conversion rate in effect on the processing date may dif-
Convenience Checks
The greater of $10 or 3% of
fer from the rate in effect on the transaction date or the posting date.
o
The currency conversion rate used may be the same as, greater than, or
the amount of the convenience
less than the amount that would be calculated by conversion through
check.
a financial institution in the country in which the purchase or cash
Foreign Transaction
3% of each transaction in U.S.
advance occurred.
dollars.
Making payments
Pay your Account by sending a check, money order, or cashier's check pay-
Penalty Fees
able in U.S. dollars, to the name and address shown on your Statement
Late Payment
Up to $35.00
specified for payments. Please don't send cash.
Returned Payment
Up to $35.00
Be sure to include your payment stub, do not staple your payment to the
stub, use the envelope provided with your Statement and don't send any
How We Will Calculate Your Balance: We use a method called
correspondence with your payment.
"daily balance." See your Account agreement for more details.
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
Billing Rights: Information on your rights to dispute
All written communications concerning disputed amounts, including any
transactions and how to exercise those rights is provided in your
check or other payment instrument marked with "payment in full" or similar
account agreement.
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Antonio, Texas 78247-5004.
o
We may accept a payment sent to any other address without losing any
Comenity Capital Bank 1-855-835-8414 (TDD/TTY 1-888-819-1918)
of our rights.
New York Residents: New York Residents may contact the New York state Depart-
o
No payment shall operate as an accord and satisfaction without our
ment of Financial Services by telephone or visit its website for free information
prior written approval,
on comparative credit card rates, fees, and grace periods. New York Department
B. Keeping your account in good standing
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
Avoiding default
Rate Information: The following chart provides details on your variable rate(s) as
You'll be in default under this Agreement if you:
of March 1, 2014. We divide the APR by 365 to determine the daily periodic
Fail to make any payment when due
rate.
Violate any provision of this Agreement
Add to Index
APR
Daily Periodic Rate
Pass away
Become the subject of bankruptcy or insolvency proceedings
Tier 1 Purchase APR
21.74%
24.99%
0.06846%
Supply us with misleading, false, incomplete or incorrect information
Are unable or unwilling to perform the terms or conditions of this Agreement
Tier 2 Purchase APR
16.74%
19.99%
0.05476%
Fail to supply us with any information we deem necessary
Default under any other loan or agreement you have with us or any of our
Tier 3 Purchase APR
10.74%
13.99%
0.03832%
affiliates
Balance Transfers and
22.74%
25.99%
0.07120%
Become incompetent
Cash Advances
Exceed your Credit Limit
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 1-855-835-8414 (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
Your Statement will show a Balance Subject to Interest Rate, which is the
their particular features (including but not limited to minimum purchase
sum of the Daily Balances for each day in the billing period divided by the
requirements and minimum payment) may vary occasionally at our discre-
total number of days.
tion and include one or more Regular Revolving or promotional Credit Plans.
Rates
We may offer different promotional Credit Plans from time to time.
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").
Any variable APR may increase if the Index increases.
Normal late fees, returned payment fees and all other provisions apply to
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.
Other fees and charges
tional period ends, the balance will be transferred to your Regular Revolving
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
All other terms of your Account apply during the skip-payment period.
during any of the prior six billing periods.
Credit limit
o
Otherwise, the fee is $35.00.
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:
Account cancellation
o
Statement copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
o
Sales/Credit Draft copy $6.00
you owe us.
o
Check/Money Order copy $6.00
We may cancel your Account at any time, for any reason.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may refuse to authorize any transaction on your Account. We may also
ods that allow you to make individual, expedited payments to your Account
suspend your Account and your right to use your Card, including each Card
over the phone. If you choose to use this payment method, we may assess
you give to others.
the current fee we charge for this service, subject to any limitations of ap-
We may stop offering any Credit Plan at any time, for any reason.
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
Cancellation or suspension of your Account doesn't negate your obligation
you know the current fee before you authorize any payment(s), and you can
to pay any amount you owe us.
withdraw your request if you don't want to pay the fee.
Cancellation of your Account includes each Card you give to others.
Cash Advance Fee: For any cash advance obtained in person from a finan-
Cards are issued with an expiration date. We have the right not to renew
cial institution or through an ATM, you will pay a transaction fee equal to
your Account.
the greater of $10 or 3% of the amount of the cash advance. You take a
Minimum Payment
cash advance if you use a convenience check: get money through an auto-
You can pay all of your Account balance at any time without
mated teller machine (ATM); or get money through a financial institution.
penalty.
Convenience Check Fee: For any convenience check written against your
You must pay at least the Total Minimum Payment for each billing period by
Account you will pay a transaction fee equal to the greater of $10 or 3% of
the Payment Due Date shown on your Statement.
the amount of the convenience check.
The Minimum Payment is the total of the minimum payments for the Regu-
Balance Transfer Fee: For any balance transfer from another account, you
lar Revolving and promotional Credit Plans plus any Past Due amounts.
will pay a transaction fee equal to the greater of $10 or 3% of the amount
The Total Minimum Payment won't be less than $25.00. If your Account
of the balance transfer.
balance is less than $25.00, you must pay the amount indicated on your
Foreign Transaction Fee: For any charge or cash advance outside the United
Statement in full.
States or in a foreign currency, you will pay a transaction fee equal to 3%
The minimum payment for each Credit Plan is calculated as follows:
of the U.S. dollar amount of the transaction. If a charge or cash advance
o
The minimum payment for the Waive Interest, Payment Required and
is converted into U.S. dollars our network providers (Visa, MasterCard, and
Defer Interest, Payment Required Credit Plans will be the greater of:
Discover) will select either (1) a rate from the range of rates available in
(a) $5.00 or
wholesale currency markets for the applicable central processing date,
(b) 4% (rounded up to the nearest $1.00) of the New Balance
which may vary from the rate the network provider itself receives, or (2) a
shown on your Statement for that Credit Plan.
government-mandated rate in effect for the applicable central processing
o
The minimum payment for the Waive Interest, Equal Payment and
date.
Defer Interest, Equal Payment Credit Plans will be the amount of the
Return Convenience Check Fee: For each convenience check written against
purchase divided by the number of months between the date of the
your Account which fails to clear and is returned unsatisfied, you will pay a
purchase and the promotional period end date (minimum $5.00)
fee of up to $35.
rounded up to the nearest $1.00.
Stop Payment Fee: For each convenience check written against your Ac-
o
The minimum payment for the Low APR, Equal Payment Credit Plan
count on which you request us to stop payment, you will pay a fee of up to
will be the amount of the purchase including the calculated interest
$35, regardless of whether we actually stop payment on the convenience
charges that will be assessed from the date of purchase through the
check.
end of the promotional period divided by the number of months be-
E. Other important information
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00.
Collection costs
o
The minimum payment for the Waive Interest, Low Payment and Defer
To the extent not prohibited by applicable law, you agree to pay the reasonable
Interest, Low Payment Credit Plans will be the greater of:
costs for collecting amounts due, including reasonable attorney's fees and court
(a) $5.00 or
costs incurred by us or another person or entity.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Changes
shown on your Statement for that Credit Plan.
We may add, change, or delete the terms of your Account. If required by appli-
Payment application
cable law, we will give you advance written notice of the change(s) and a right to
We reserve the right to apply payments equal to or less than the Total Mini-
reject the change(s).
mum Payment however we see fit, which may result in balances subject to
Security Interest
lower interest rates being paid prior to other balances. This may also result
You grant us a security interest in all goods you purchase through the use of the
in higher interest charges.
Account, now or at any time in the future and in all accessions to and proceeds of
Any payment you make in excess of the required Total Minimum Payment
such goods. We waive any security interest we may have in your principal dwell-
will be allocated to your Account as required by applicable law.
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Excess payments received before a deferred interest promotion expires are
Changes to your information
applied to the deferred interest promotional balance first in the last two
You agree to notify us immediately of any changes to your name, mailing address,
billing periods of the promotional period.
electronic mail address or telephone number(s).
D. Interest, fees and charges
Governing Law
Interest charges
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
There is no period in which you can pay back a cash advance, any other
MITTED OR REQUIRED BY APPLICABLE LAW.
transaction treated as a cash advance under this Agreement, or a balance
Transfer of Rights/Assignment
transfer to avoid incurring a Finance Charge. For a cash advance using a
convenience check, the date of the advance is the date the convenience
Your rights under this Agreement can't be transferred by you, by operation of law
check is presented to us or our agent for payment. For all other cash ad-
or otherwise, but your obligations will be binding upon your estate or personal
vances, the date of the advance is the date you obtained the advance.
representatives. We may transfer or assign your Account and/or this Agreement,
If you make a purchase under a Regular Revolving Credit Plan, interest
or any of our rights under this Agreement, to another person or entity at any time
charges won't be imposed in any billing period in which (i) no Previous Bal-
without prior notice to you or your consent.
ance exists or (ii) payments received and credits issued by the Payment Due
No Waiver of Rights
Date, equal or exceed the Previous Balance.
We can delay enforcing our rights under this Agreement without losing them.
If the New Balance shown on your last Statement isn't paid in full by the
Severability
Payment Due Date shown on your last Statement, there will be an interest
If any provision of this Agreement is in conflict with applicable law, that provision
charge on each purchase from the date of purchase.
will be considered to be modified to conform with applicable law.
If you make a purchase under any Waive Interest Credit Plan, we won't
Notice to New Jersey Residents
charge interest on the purchase if you pay the total purchase amount be-
All provisions of this agreement are valid, enforceable and applicable in New
fore the end of the promotional period. If you don't pay the total purchase
Jersey.
amount before the end of the promotional period, we'll add the remaining
F. Disputes and Reporting to Consumer Reporting Agencies
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.
Credit Reports
If you make a purchase under any Defer Interest Promotional Credit Plan
You give us permission to investigate your credit record.
and don't pay the total amount before the end of the promotional period,
You agree that a credit report may be requested in connection with the
we'll add the remaining purchase amount and the amount of accrued inter-
processing of your credit application. A report may also be requested in
est to your Regular Revolving balance.
connection with a credit extension, credit limit request, Account renewal or
If you make a purchase under a Low APR, Equal Payment Credit Plan,
update, Account collection action, or dispute investigation. Upon request,
interest will be assessed from the date of purchase through the end of the
we will tell you the name and address of any consumer reporting agency that
promotional period.
furnished a report on you. You consent to the obtaining of such reports by
signing or otherwise submitting an application or solicitation.
You understand that we may report negative information (such as, late pay-
2. You must have used your credit card for the purchase. Purchases made with
ments, missed payments, or other defaults) about your Account to con-
cash advances from an ATM or with a check that accesses your credit card ac-
sumer reporting agencies.
count do not qualify.
You give us permission to provide information about your Account to con-
3. You must not yet have fully paid for the purchase.
sumer reporting agencies and other creditors, as well as to the retailer
If all of the criteria above are met and you are still dissatisfied with the purchase,
whose name appears on your Card.
contact us in writing at:
Credit report disputes
Comenity Capital Bank
If you believe the Account information we reported to a consumer reporting agen-
PO Box 182620, Columbus, Ohio 43218-2620
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
While we investigate, the same rules apply to the disputed amount as discussed
Box 182120, Columbus, Ohio 43218-2120.
above. After we finish our investigation, we will tell you our decision. At that
Your written dispute must provide sufficient information to identify the Account
point, if we think you owe an amount and you do not pay, we may report you as
and specify why the information is inaccurate:
delinquent.
Account Information: Your name and Account number
G. Optional products
Contact Information: Your address and telephone number
Credit insurance (as applicable)
Disputed Information: Identify the Account information disputed and ex-
plain why you believe it is inaccurate
Purchasing credit insurance is optional. If you do choose to carry credit insur-
Supporting Documentation: If available, provide a copy of the section of
ance coverage, the premium charge will be added to your Account as a purchase
the credit report showing the Account information you are disputing
on the last day of each billing period. You can cancel your coverage at any time.
We will investigate the disputed information and report the results to you within
Account Assure Pro Debt cancellation (as applicable)
30 days of receipt of the information needed for our investigation. If we find that
Purchasing Account Assure Pro is optional.
the Account information we reported is inaccurate, we will promptly provide the
Your decision whether or not to purchase Account Assure Pro won't affect
necessary correction to each consumer reporting agency to which we reported
your application for credit or the terms of any existing credit agreement you
the information.
have with us.
Your Billing Rights: Keep This Document For Future Use
The monthly fee for Account Assure Pro is based on the outstanding month-
This notice tells you about your rights and our responsibilities under the Fair
ly balance on your Account each month and will be added to your State-
ment.
Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
We'll provide additional information before you're required to pay for Ac-
If you think there is an error on your statement, write to us at: Comenity Capital
count Assure Pro. This will include a copy of the terms and conditions
Bank, PO Box 182620, Columbus, Ohio 43218-2620
pertaining to Account Assure Pro.
In your letter, give us the following information:
You can cancel your Account Assure Pro at any time.
Account information: Your name and account number.
There are eligibility requirements, conditions, and exclusions that could
Dollar amount: The dollar amount of the suspected error.
prevent you from receiving benefits under Account Assure Pro.
Description of problem: If you think there is an error on your bill, describe
Be sure to carefully read the Addendum for a full explanation of the terms
of Account Assure Pro.
what you believe is wrong and why you believe it is a mistake.
You must contact us:
H. Communicating with us
Within 60 days after the error appeared on your statement.
Communicating to you about your Account
At least 3 business days before an automated payment is scheduled, if you
If we need to contact you to service your Account or to collect amounts you owe
want to stop payment on the amount you think is wrong.
to us, you give direct consent to us, as well as servicers, agents, contractors and
You must notify us of any potential errors in writing. You may call us, but if you
collectors of your Account, to communicate with you in any way, such as calling,
do we are not required to investigate any potential errors and you may have to
texting, or electronic mail via:
pay the amount in question.
1)
a cell, landline, or text number you provide, use to contact us, or at which
What Will Happen After We Receive Your Letter
we believe we can reach you (even if it is not yours),
When we receive your letter, we must do two things:
2)
any electronic mail address you provide to us or one of our merchants,
1. Within 30 days of receiving your letter, we must tell you that we received your
3)
automated dialer systems and automatic telephone dialing systems,
letter. We will also tell you if we have already corrected the error.
4)
pre-recorded or artificial voice messages and other forms of communica-
2. Within 90 days of receiving your letter, we must either correct the error or
tions.
explain to you why we believe the bill is correct.
You also agree that these communications aren't unsolicited for purposes of any
While we investigate whether or not there has been an error:
state or federal law, and you understand that this may result in additional mobile,
We cannot try to collect the amount in question, or report you as delinquent
text message, or data charges.
on that amount.
Phone monitoring
The charge in question may remain on your statement, and we may continue
To provide you with high-quality service, phone communication with us
is
to charge you interest on that amount.
monitored and/or recorded.
While you do not have to pay the amount in question, you are responsible
You agree that we monitor and/or record any phone calls between you and
for the remainder of your balance.
us.
We can apply any unpaid amount against your credit limit.
Please inform all authorized cardholders of this provision, including anyone
After we finish our investigation, one of two things will happen:
acting on your behalf or making payments on this Account.
If we made a mistake: You will not have to pay the amount in question or
For Wisconsin residents:
any interest or other fees related to that amount.
If you are married, please contact us immediately upon receipt of this Agreement
If we do not believe there was a mistake: You will have to pay the amount in
at 1-855-835-8414 (TDD/TTY 1-888-819-1918) and provide us with the name
question, along with applicable interest and fees. We will send you a state-
ment of the amount you owe and the date payment is due. We may then
and address of your spouse. We are required to inform your spouse that we have
opened a credit account for you.
report you as delinquent if you do not pay the amount we think you owe.
For bankruptcy notifications:
If you receive our explanation but still believe your bill is wrong, you must write
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
All bankruptcy notices and related correspondence to Comenity Capital Bank
report you as delinquent without also reporting that you are questioning your bill.
should be sent to the following address: Comenity Capital Bank, Bankruptcy
We must tell you the name of anyone to whom we reported you as delinquent,
Department, PO Box 183043, Columbus, Ohio 43218-3043.
and we must let those organizations know when the matter has been settled
I. Arbitration and jury trial waiver
between us.
A. Jury trial waiver
If we do not follow all of the rules above, you do not have to pay the first $50 of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
the amount you question even if your bill is correct.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
If you are dissatisfied with the goods or services that you have purchased with
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
your credit card, and you have tried in good faith to correct the problem with the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
merchant, you may have the right not to pay the remaining amount due on the
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
purchase.
B. Notice and cure
To use this right, all of the following must be true:
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
1. The purchase must have been made in your home state or within 100 miles
ing out of or related to this Agreement (as further defined below, a "Claim"),
of your current mailing address, and the purchase price must have been more
the party asserting the Claim (the "Claimant") shall give the other party (the
than $50. (Note: Neither of these are necessary if your purchase was based on
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
an advertisement we mailed to you, or if we own the company that sold you the
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
goods or services.)
shall be sent in writing to the address we have in our records (or any updated
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
address you subsequently provide to us). Any Claim Notice to us shall be sent by
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
(or any updated address we subsequently provide). Any Claim Notice you send
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
must provide your name, address and Account number. Any Claim Notice must
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
explain the nature of the Claim and the relief that is demanded. You may only
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
submit a Claim Notice on your own behalf and not on behalf of any other party.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
No third party, other than a lawyer you have personally retained, may submit a
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
ing any information about the Claim that the other party reasonably requests.
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
C. Arbitration provision
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
OR MULTIPLE-PARTY ARBITRATION.
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
must take place at a location reasonably convenient to you. We will pay any and
to apply, you may reject it by mailing us a written rejection notice which gives the
all fees of the Administrator and/or the arbitrator if applicable law requires us
name of each Cardholder and contains a statement that you (both of you, if more
to, if you prevail in the arbitration or if we must bear such fees in order for this
than one) reject the Arbitration Provision of this Agreement. The rejection notice
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
if more than one) and if we receive it within thirty (30) calendar days after the
fees if applicable law requires us to.
date we first provide you with a credit card agreement or written notice providing
9. Governing Law: This Arbitration Provision involves interstate commerce and
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
Provision will not affect any other provision of this Agreement or your ability to
not by any state arbitration law. The arbitrator must apply applicable substantive
obtain credit.
law consistent with the FAA and applicable statutes of limitations and claims of
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
privilege recognized at law. The arbitrator may award any remedy provided by the
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
substantive law that would apply if the action were pending in court (including,
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
without limitation, punitive damages, which shall be governed by the Constitu-
employees, officers and directors of such companies (the "Bank Parties"); and
tional standards employed by the courts). At the timely request of either party,
(b) any other person or company that provides any services in connection with
the arbitrator must provide a brief written explanation of the basis for the award.
this Agreement if you assert a Claim against such other person or company at the
10. Right to Discovery: In addition to the parties' rights to obtain discovery
same time you assert a Claim against any Bank Party.
pursuant to the arbitration rules of the Administrator, either party may submit
3. Covered Claims: "Claim" means any claim, dispute or controversy between
a written request to the arbitrator to expand the scope of discovery normally al-
you and us that in any way arises from or relates to this Agreement, the Account,
lowable under the arbitration rules of the Administrator. The arbitrator shall have
the issuance of any Card, any rewards program, any prior agreement or account.
discretion to grant or deny that request.
"Claim" includes disputes arising from actions or omissions prior to the date
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
any Card was issued to you, including the advertising related to, application for
award may be entered by any court having jurisdiction. The arbitrator's decision
or approval of the Account. "Claim" has the broadest possible meaning, and
is final and binding, except for any right of appeal provided by the FAA. However,
includes initial claims, counterclaims, cross-claims and third-party claims. It
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
includes disputes based upon contract, tort, consumer rights, fraud and other
or declaratory relief that could foreseeably involve a cost or benefit to either party
intentional torts, constitution, statute, regulation, ordinance, common law and
exceeding $50,000, any party can, within 30 days after the entry of the award
equity (including any claim for injunctive or declaratory relief). "Claim" does not
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
include disputes about the validity, enforceability, coverage or scope of this Arbi-
Administrator. The panel shall reconsider anew any aspect of the initial award
tration Provision or any part thereof (including, without limitation, the prohibition
requested by the appealing party. The decision of the panel shall be by majority
against class proceedings, private attorney general proceedings and/or multiple
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
panel if an appeal of the arbitrator's decision has been taken. The costs of such
last sentence of Paragraph 0.13 and/or this sentence); all such disputes are for
an appeal will be borne in accordance with Paragraph C.8. above.
a court and not an arbitrator to decide. However, any dispute or argument that
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
concerns the validity or enforceability of the Agreement as a whole is for the
ment of all amounts owed under this Agreement, the closing of the Account, any
arbitrator, not a court, to decide.
legal proceeding and any bankruptcy to the extent consistent with applicable
4. Starting an Arbitration: Arbitration may be elected by any party with respect
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
to any Claim, even if that party has already initiated a lawsuit with respect to a
tion Provision, on the one hand, and the applicable arbitration rules or the other
different Claim. Arbitration is started by giving a written demand for arbitration
provisions of this Agreement, on the other hand, this Arbitration Provision shall
to the other party. We will not demand to arbitrate an individual Claim that you
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
bring against us in small claims court or your state's equivalent court, if any. But
13. Severability: If any portion of this Arbitration Provision, other than the Class
if that Claim is transferred, removed or appealed to a different court, we then
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
have the right to demand arbitration.
nevertheless remain in force. If a determination is made that the Class Action
5. Choosing the Administrator: "Administrator" means the American Arbitration
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
main in force and the remaining provisions shall be null and void, provided that
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
the determination concerning the Class Action Waiver shall be subject to appeal.
jamsadr.com; or any other company selected by mutual agreement of the par-
14. Special Payment: If (1) you submit a Claim Notice in accordance with
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
Paragraph B above on your own behalf (and not on behalf of any other party);
to select an Administrator by mutual consent, the Administrator will be selected
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
by a court. The arbitrator will be appointed by the Administrator in accordance
subsequently determines that you were entitled to such relief (or greater relief),
with the rules of the Administrator. However, the arbitrator must be a retired or
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
former judge or a lawyer with at least 10 years of experience. You get to select the
you are entitled).
Administrator if you give us written notice of your selection with your notice that
you are electing to arbitrate any Claim or within 20 days after we give you notice
comenity®
Comenity Capital Bank, Salt Lake City, UT
that we are electing to arbitrate any Claim (or, if you dispute our right to require
arbitration of the Claim, within 20 days after that dispute is finally resolved).
233ALLC083013
If you do not select the Administrator on time, we may do it. Notwithstanding
344861017 (03/14)
any language in this Arbitration Provision to the contrary, no arbitration may be
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
Class Action Waiver.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
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