Your Vitacost™ Healthy Perks MasterCard Credit Card account
VCTCCA0314
agreement.
Rate Information: The following chart provides details on your variable rate(s) as
This card is issued by Comenity Capital Bank pursuant to a li-
of March 1, 2014. We divide the APR by 365 to determine the daily periodic
cense from MasterCard. MasterCard is a registered trademark
rate.
of MasterCard International Incorporated. This Agreement COV-
Add to Index
APR
Daily Periodic Rate
ers the Terms and Conditions of your account with us. In this
document, you will find important information about using and
Tier 3 Purchase APR
12.74%
15.99%
0.04380%
managing your account, including a Privacy Statement and infor-
Tier 2 Purchase APR
16.74%
19.99%
0.05476%
mation concerning your billing rights. Your use of the account, or
Tier 1 Purchase APR
21.74%
24.99%
0.06846%
failure to close the account within the 30 days of receiving this
document, indicates your acceptance of the terms of this agree-
Balance Transfers and
21.74%
24.99%
0.06846%
ment, including the assessment of any interest charges and fees.
Cash Advances
Section | of this Agreement also includes a Jury Trial Waiver and
We'll charge you a minimum interest charge of $2.00 per credit plan for any
an Arbitration Provision in the event of a dispute.
billing period in which interest is due. For additional information, see Rates in
You have a right to reject this Arbitration Provision.
Section D.
If you do not reject this Arbitration Provision, it will be part
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
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
o
Substantially affect your rights, including your right to
amount indicated on your Statement in full. The Minimum Payment Due for each
bring, join in or participate in class proceedings.
Regular Revolving and Cash Revolving Credit Plans will be
Please read each section carefully and keep this document for
The greater of:
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
In the following sections, you will find information on:
o
$5.00
Financial terms of your account: An at-a-glance summary of the fees and charges
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
associated with your account
Charges shown on the Statement rounded up to the nearest $1.00.
A.
Getting started: the basics of your account
See Minimum Payment in Section C below for promotional credit plan minimum
B.
Keeping your account in good standing: avoiding default, and what to do if
payment calculations.
The APR information described below is accurate as of March 1, 2014. Due to a
your card is lost or stolen, as applicable
change in the index, this information may have changed. To find out more, call
C.
Learning more about your account: credit plans, and credit limits, and how
us at 1-877-882-3535 (TDD/TTY: 1-888-819-1918), or write us at Comenity
payments are calculated and applied
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
D.
Interest, fees and charges: when and how fees and costs are applied to your
site at vitacostmastercard.com.
account
E.
A. Getting Started
Other important information: legal rights, costs, and how we'll handle
changes to your account
Definitions
F.
Disputes and reporting to consumer reporting agencies: data we provide,
In this Agreement, "We," "Us" and "Our" mean Comenity Capital Bank. "You"
and receive from, consumer reporting agencies, and what to do if you think
and "Your" mean each person who submits an application or solicitation for an
there is an error on your periodic statement
Account with us. "Account" means your credit card account with us. "Card"
G.
Optional products: how to protect your account from fraud or theft, and
means each credit card we issue for your Account, as applicable. "Credit Plan"
information on services that can help pay your debt in case of emergencies
means one or more payment program options Vitacost.com may ask us to offer
H.
Communicating with us: what happens when you contact us
from time to time.
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
Upholding your Agreement
a jury trial waiver and Arbitration provision
You agree to the terms of this Agreement, and promise to do everything
Privacy statement: how we collect, use, share, and protect your personal informa-
required of you. If you sign or submit an application or solicitation to obtain
tion: and the privacy choices you can make.
credit from us, you'll be legally bound by this Agreement. You're also legally
bound if you sign a charge slip, or permit someone else to use the credit
Financial terms of your account
provided.
You agree that the credit extended under your Account will be used only for
Interest Rates and Interest Charges
personal, family or household purposes and not for business or commercial
purpose.
15.99%, 19.99%,
If the Account is a joint Account, you and the joint Account holder will
be bound by this Agreement. Each of you will be jointly and individually
Annual Percentage
or 24.99% when you
responsible for repaying all amounts due. If more than one person is re-
sponsible for this Account, we will only provide billing statements and com-
Rate (APR) for
open your account, based on your
munications to one of you.
Purchases
creditworthiness.
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
After that, this APR will vary with the
an authorized user embossed on the Card. If you want to revoke the use of
market based on the Prime Rate.
your Account by an authorized user, either write us at the address, or call us
at the phone number, shown on your Statement.
APR for Balance
24.99%
You agree to pay for all transactions made on your Account by an authorized
Transfers and Cash
This APR will vary with the market
user, whether or not such transactions were authorized by you or made for
your benefit.
Advances
based on the Prime Rate.
Card signature (as applicable)
Your due date is at least 23 days after
For your own protection, please sign your Card before using it. Keep in mind that
the close of each billing cycle. We will
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred on your Account.
not charge you interest on purchases
Using your Account
Paying Interest
if you pay your entire balance by the
Your Account may be used to make purchases from anywhere MasterCard is
due date each month. We will begin
accepted.
charging interest on balance transfers
We reserve the right to not honor transactions related to, including, but not
and cash advances on the transaction
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
date.
a convenience check as follows: by purchasing goods or services with your
Minimum Interest
If you are charged interest, the charge
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
Charge
will be no less than $2.00 per credit
charges authorized by this Agreement.
plan
From time to time, in our sole discretion, we may send you convenience
checks for use in borrowing under this Agreement. All convenience checks
To learn more about factors to consider
For Credit Card
you use will be treated as cash advances under this Agreement, and subject
Tips from the
when applying for or using a credit
to the terms and fees that apply to cash advances, unless we advise you
Consumer Financial
card, visit the website of the Consumer
otherwise.
Financial Protection Bureau at http://
You agree that convenience checks that you use will not be returned to you.
Protection Bureau
www.consumerfinance.gov/learnmore.
You may not use the convenience checks to make payments on any Co-
menity Capital Bank Account.
You agree not to use a convenience check, and we do not have to pay any
Fees
convenience check:
o
if you are in default under this Agreement;
Annual Fee
None
o
if payment of that convenience check would cause your outstanding
Transaction Fees
cash advance balance to exceed your cash advance limit; or
o
if we cancel or suspend your right to use convenience checks
Balance Transfer
The greater of $10 or 3% of
From time to time, in our sole discretion, we may offer you the ability to
the amount of the balance
transfer account balances from other credit card accounts you may have
transfer.
to the Account. We may, in our sole discretion, offer promotional plans for
Cash Advance
The greater of $10 or 5%
such balance transfers.
You may use the Card to obtain cash advances through certain ATMs. You
of the amount of the cash
will be given a Personal Identification Number (PIN) which must be used in
advance.
order to obtain an ATM cash advance.
Convenience Checks
The greater of $10 or
o
Some limitations on ATM cash advances may apply, such as limita-
5% of the amount of the
tions on dollar amount, number, or currency denominations.
convenience check.
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-
Foreign Transaction
3% of each transaction in
vance.
U.S. dollars.
If you make a purchase or obtain a cash advance in a foreign currency,
it will be converted by MasterCard into U.S. dollars in accordance with
Penalty Fees
MasterCard Operating Regulations in effect at the time the transaction is
Late Payment
Up to $35.00
processed.
Returned Payment
Up to $35.00
o
The currency conversion rate in effect on the processing date may dif-
fer from the rate in effect on the transaction date or the posting date.
How We Will Calculate Your Balance: We use a method called
0
The currency conversion rate used may be the same as, greater than, or
"daily balance." See your Account agreement for more details.
less than the amount that would be calculated by conversion through
a financial institution in the country in which the purchase or cash
Billing Rights: Information on your rights to dispute
advance occurred.
transactions and how to exercise those rights is provided in your
Making payments
account agreement.
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
Comenity Capital Bank 1-877-882-3535 (TDD/TTY 1-888-819-1918)
specified for payments. Please don't send cash.
Be sure to include your payment stub, do not staple your payment to the
New York Residents: New York Residents may contact the New York state Depart-
stub, use the envelope provided with your Statement and don't send any
ment of Financial Services by telephone or visit its website for free information
correspondence with your payment.
on comparative credit card rates, fees, and grace periods. New York Department
If your payment doesn't meet these requirements, it may not be credited to
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
your Account for up to five days, or may be rejected.
All written communications concerning disputed amounts, including any
check or other payment instrument marked with "payment in full" or similar
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Antonio, Texas 78247-5004.
o
We may accept a payment sent to any other address without losing any
of our rights.
o
No payment shall operate as an accord and satisfaction without our
prior written approval.
B. Keeping your account in good standing
charge interest on the purchase if you pay the total purchase amount be-
Avoiding default
fore the end of the promotional period. If you don't pay the total purchase
You'll be in default under this Agreement if you:
amount before the end of the promotional period, we'll add the remaining
Fail to make any payment when due
amount to your Regular Revolving balance. We'll also begin charging inter-
Violate any provision of this Agreement
est on the purchase from the first day after the promotional period ends.
Pass away
If you make a purchase under any Defer Interest Promotional Credit Plan
Become the subject of bankruptcy or insolvency proceedings
and don't pay the total amount before the end of the promotional period,
Supply us with misleading, false, incomplete or incorrect information
we'll add the remaining purchase amount and the amount of accrued inter-
Are unable or unwilling to perform the terms or conditions of this Agreement
est to your Regular Revolving balance.
Fail to supply us with any information we deem necessary
If you make a purchase under a Low APR, Equal Payment Credit Plan,
Default under any other loan or agreement you have with us or any of our
interest will be assessed from the date of purchase through the end of the
affiliates
promotional period.
Become incompetent
How we calculate Interest Charges on your Account
Exceed your Credit Limit
We calculate interest separately for each Credit Plan, using a "Daily Balance"
Issue a payment returned unpaid by your bank for any reason
to determine interest charges for each billing period. Our calculation method is
If we consider your Account in default, we may suspend your ability to make
as follows:
charges, close your Account, require you to pay the full amount you owe im-
We start with the beginning balance on your Account each day (including
mediately or take any other action permitted by law. If applicable law requires
unpaid interest charges and fees).
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
We subtract any payments or credit adjustments (treating any net credit
your default.
balance as a zero balance) and add new transactions and debit adjustments
Reporting a lost or stolen card (as applicable)
posted as of that day. This gives us the "Partial Daily Balance" for the day.
If you notice the loss or theft of your credit card or a possible unauthorized use
We then multiply the Partial Daily Balance for the day by the Daily Periodic
of your card, you should write to us immediately at PO Box 183003, Columbus,
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
Ohio 43218-3003 or call us at 1-877-882-3535 (TDD/TTY: 1-888-819-1918).
the day's Partial Daily Balance.
You will not be liable for any unauthorized use that occurs after you notify us.
We've now determined the "Daily Balance," which will be the beginning
You may, however, be liable for unauthorized use that occurs before your notice
balance for the following day. This results in daily compounding of interest
to us. In any case, your liability will not exceed $50.
charges.
C. Learning more about your account
At the end of each billing period, we add together each Credit Plan's Daily
Interest Charge, which gives us the total interest charge.
Credit Plans
Your Statement will show a Balance Subject to Interest Rate, which is the
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
sum of the Daily Balances for each day in the billing period divided by the
it Plan and one or more promotional Credit Plans. Credit Plans offered and
total number of days.
their particular features (including but not limited to minimum purchase
Rates
requirements and minimum payment) may vary occasionally at our discre-
The Index in effect for each billing period will be the highest "Prime Rate"
tion and include one or more Regular Revolving or promotional Credit Plans.
of interest as published in the "Money Rates" section of The Wall Street
We may offer different promotional Credit Plans from time to time.
Journal for the calendar month preceding the month in which the billing pe-
If a promotional Credit Plan is offered at the time you open your Account,
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
this Agreement will include information about the terms for the Plan, by
Any variable APR may increase if the Index increases.
use of an insert, attachment, or other written information provided as part
An increase or decrease in the APR will result in a corresponding increase
of this Agreement.
or decrease in the amount of interest and may increase the Total Minimum
Normal late fees, returned payment fees and all other provisions apply to
Payment.
any promotional Credit Plan, unless inconsistent with a particular Credit
Other fees and charges
Plan offering.
If the promotional Credit Plan purchase isn't paid in full before the promo-
You agree to pay the following fees and charges
tional period ends, the balance will be transferred to your Regular Revolving
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
balance.
ment Due Date, we will charge you a late fee.
Promotional Credit Plans may include:
o The fee is $25.00 if you were not charged a late fee during any of the
o Waive Interest, Payment Required o Defer Interest, Payment Required
prior six billing periods.
o
Otherwise, the fee is $35.00.
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
o
o Waive Interest, Low Payment
o Low APR, Equal Payment
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed.
o Defer Interest, Equal Payment
o
Budget Payment
Skip-payment option
Returned Payment Fee: We may charge you a fee for each payment that your
bank doesn't honor for any reason.
At our discretion, we may allow you to skip making the Minimum Payment.
o
The fee is $25.00 if you were not charged a returned payment fee
Finance Charges will be assessed during the skip-payment period, but a late
during any of the prior six billing periods.
fee won't be imposed. This will not be considered a waiver of any of the
o
Otherwise, the fee is $35.00.
rights granted by this Agreement.
o
This fee will never exceed the minimum payment due that was due
All other terms of your Account apply during the skip-payment period.
immediately prior to the date on which the fee was assessed.
Credit limit
Although we may decide to do so, we aren't required to attempt to collect a
Your Credit Limit is the total maximum amount we permit you to owe us at
payment more than once.
any time.
Document Fees: If we provide you with a copy of any Statement, sales draft
You may not exceed any Credit Limit that we set for your Account.
or similar document at your request (except in connection with billing error
If you do exceed your Credit Limit, we can still charge you for all transac-
inquiries or resolution), we may charge the Account the following fee(s),
tions, interest and other charges without giving up any of our rights under
subject to any limitations of applicable law:
this Agreement.
o
Statement copy $6.00
We may change your Credit Limit at any time.
o
Sales/Credit Draft copy $6.00
Account cancellation
o
Check/Money Order copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
Alternative Payment Method Fee: We may offer alternative payment meth-
you owe us.
ods that allow you to make individual, expedited payments to your Account
We may cancel your Account at any time, for any reason.
over the phone. If you choose to use this payment method, we may assess
We may refuse to authorize any transaction on your Account. We may also
the current fee we charge for this service, subject to any limitations of ap-
suspend your Account and your right to use your Card, including each Card
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
you give to others.
you know the current fee before you authorize any payment(s), and you can
We may stop offering any Credit Plan at any time, for any reason.
withdraw your request if you don't want to pay the fee.
Cancellation or suspension of your Account doesn't negate your obligation
Cash Advance Fee: For any cash advance obtained in person from a finan-
to pay any amount you owe us.
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 5% 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 5% 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
The Minimum Payment is the total of the minimum payments for the Regu-
of the balance transfer.
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Foreign Transaction Fee: For any charge or cash advance outside the United
The Total Minimum Payment won't be less than $25.00. If your Account
States or in a foreign currency, you will pay a transaction fee equal to 3%
balance is less than $25.00, you must pay the amount indicated on your
of the U.S. dollar amount of the transaction. If a charge or cash advance
Statement in full.
is converted into U.S. dollars our network providers (Visa, MasterCard, and
The minimum payment for each Credit Plan is calculated as follows:
Discover) will select either (1) a rate from the range of rates available in
o
The minimum payment for the Waive Interest, Payment Required and
wholesale currency markets for the applicable central processing date,
Defer Interest, Payment Required Credit Plans will be the greater of:
which may vary from the rate the network provider itself receives, or (2) a
(a) $5.00 or
government-mandated rate in effect for the applicable central processing
(b) 1% (rounded up to the nearest $1.00) of the New Balance
date.
shown on your Statement for that Credit Plan.
Return Convenience Check Fee: For each convenience check written against
o
The minimum payment for the Waive Interest, Equal Payment and
your Account which fails to clear and is returned unsatisfied, you will pay a
Defer Interest, Equal Payment Credit Plans will be the amount of the
fee of up to $35.
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-
To the extent not prohibited by applicable law, you agree to pay the reasonable
tween the date of the purchase and the promotional period end date
(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.
Changes
Interest, Low Payment Credit Plans will be the greater of:
(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
charges won't be imposed in any billing period in which (i) no Previous Bal-
We can delay enforcing our rights under this Agreement without losing them.
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
If the New Balance shown on your last Statement isn't paid in full by the
will be considered to be modified to conform with applicable law.
Payment Due Date shown on your last Statement, there will be an interest
Notice to New Jersey Residents
charge on each purchase from the date of purchase.
All provisions of this agreement are valid, enforceable and applicable in New
If you make a purchase under any Waive Interest Credit Plan, we won't
Jersey.
F. Disputes and Reporting to Consumer Reporting Agencies
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
Credit Reports
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
You give us permission to investigate your credit record.
merchant, you may have the right not to pay the remaining amount due on the
You agree that a credit report may be requested in connection with the
purchase.
processing of your credit application. A report may also be requested in
To use this right, all of the following must be true:
connection with a credit extension, credit limit request, Account renewal or
1. The purchase must have been made in your home state or within 100 miles
update, Account collection action, or dispute investigation. Upon request,
of your current mailing address, and the purchase price must have been more
we will tell you the name and address of any consumer reporting agency that
than $50. (Note: Neither of these are necessary if your purchase was based on
furnished a report on you. You consent to the obtaining of such reports by
an advertisement we mailed to you, or if we own the company that sold you the
signing or otherwise submitting an application or solicitation.
goods or services.)
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
Contact Information: Your address and telephone number
G. Optional products
Disputed Information: Identify the Account information disputed and ex-
Credit insurance (as applicable)
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-
Credit Billing Act.
ment.
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
what you believe is wrong and why you believe it is a mistake.
of Account Assure Pro.
You must contact us:
H. Communicating with us
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you
Communicating to you about your Account
want to stop payment on the amount you think is wrong.
If we need to contact you to service your Account or to collect amounts you owe
You must notify us of any potential errors in writing. You may call us, but if you
to us, you give direct consent to us, as well as servicers, agents, contractors and
do we are not required to investigate any potential errors and you may have to
collectors of your Account, to communicate with you in any way, such as calling,
pay the amount in question.
texting, or electronic mail via:
What Will Happen After We Receive Your Letter
1)
a cell, landline, or text number you provide, use to contact us, or at which
When we receive your letter, we must do two things:
we believe we can reach you (even if it is not yours),
1.
Within 30 days of receiving your letter, we must tell you that we received your
2)
any electronic mail address you provide to us or one of our merchants,
letter. We will also tell you if we have already corrected the error.
3)
automated dialer systems and automatic telephone dialing systems,
2.
Within 90 days of receiving your letter, we must either correct the error or
4)
pre-recorded or artificial voice messages and other forms of communica-
explain to you why we believe the bill is correct.
tions.
While we investigate whether or not there has been an error:
You also agree that these communications aren't unsolicited for purposes of any
We cannot try to collect the amount in question, or report you as delinquent
state or federal law, and you understand that this may result in additional mobile,
on that amount.
text message, or data charges.
The charge in question may remain on your statement, and we may continue
Phone monitoring
to charge you interest on that amount.
To provide you with high-quality service, phone communication with us is
While you do not have to pay the amount in question, you are responsible
monitored and/or recorded.
for the remainder of your balance.
You agree that we monitor and/or record any phone calls between you and
We can apply any unpaid amount against your credit limit.
us.
After we finish our investigation, one of two things will happen:
Please inform all authorized cardholders of this provision, including anyone
If we made a mistake: You will not have to pay the amount in question or
acting on your behalf or making payments on this Account.
any interest or other fees related to that amount.
For Wisconsin residents:
If we do not believe there was a mistake: You will have to pay the amount in
If you are married, please contact us immediately upon receipt of this Agreement
question, along with applicable interest and fees. We will send you a state-
at 1-877-882-3535 (TDD/TTY 1-888-819-1918) and provide us with the name
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
report you as delinquent if you do not pay the amount we think you owe.
opened a credit account for you.
If
you receive our explanation but still believe your bill is wrong, you must write
For bankruptcy notifications:
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.
If we do not follow all of the rules above, you do not have to pay the first $50 of
A. Jury trial waiver
the amount you question even if your bill is correct.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
that we are electing to arbitrate any Claim (or, if you dispute our right to require
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
arbitration of the Claim, within 20 days after that dispute is finally resolved).
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
If you do not select the Administrator on time, we may do it. Notwithstanding
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
any language in this Arbitration Provision to the contrary, no arbitration may be
B. Notice and cure
administered, without the consent of all parties to the arbitration, by any Admin-
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
istrator that has in place a formal or informal policy that is inconsistent with the
ing out of or related to this Agreement (as further defined below, a "Claim"),
Class Action Waiver.
the party asserting the Claim (the "Claimant") shall give the other party (the
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
shall be sent in writing to the address we have in our records (or any updated
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
address you subsequently provide to us). Any Claim Notice to us shall be sent by
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
(or any updated address we subsequently provide). Any Claim Notice you send
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
must provide your name, address and Account number. Any Claim Notice must
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
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
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
to apply, you may reject it by mailing us a written rejection notice which gives the
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
name of each Cardholder and contains a statement that you (both of you, if more
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
than one) reject the Arbitration Provision of this Agreement. The rejection notice
fees if applicable law requires us to.
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
9. Governing Law: This Arbitration Provision involves interstate commerce and
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
if more than one) and if we receive it within thirty (30) calendar days after the
not by any state arbitration law. The arbitrator must apply applicable substantive
date we first provide you with a credit card agreement or written notice providing
law consistent with the FAA and applicable statutes of limitations and claims of
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
privilege recognized at law. The arbitrator may award any remedy provided by the
Provision will not affect any other provision of this Agreement or your ability to
substantive law that would apply if the action were pending in court (including,
obtain credit.
without limitation, punitive damages, which shall be governed by the Constitu-
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
tional standards employed by the courts). At the timely request of either party,
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
the arbitrator must provide a brief written explanation of the basis for the award.
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
10. Right to Discovery: In addition to the parties' rights to obtain discovery
employees, officers and directors of such companies (the "Bank Parties"); and
pursuant to the arbitration rules of the Administrator, either party may submit
(b) any other person or company that provides any services in connection with
a written request to the arbitrator to expand the scope of discovery normally al-
this Agreement if you assert a Claim against such other person or company at the
lowable under the arbitration rules of the Administrator. The arbitrator shall have
same time you assert a Claim against any Bank Party.
discretion to grant or deny that request.
3. Covered Claims: "Claim" means any claim, dispute or controversy between
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
you and us that in any way arises from or relates to this Agreement, the Account,
award may be entered by any court having jurisdiction. The arbitrator's decision
the issuance of any Card, any rewards program, any prior agreement or account.
is final and binding, except for any right of appeal provided by the FAA. However,
"Claim" includes disputes arising from actions or omissions prior to the date
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
any Card was issued to you, including the advertising related to, application for
or declaratory relief that could foreseeably involve a cost or benefit to either party
or approval of the Account. "Claim" has the broadest possible meaning, and
exceeding $50,000, any party can, within 30 days after the entry of the award
includes initial claims, counterclaims, cross-claims and third-party claims. It
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
includes disputes based upon contract, tort, consumer rights, fraud and other
Administrator. The panel shall reconsider anew any aspect of the initial award
intentional torts, constitution, statute, regulation, ordinance, common law and
requested by the appealing party. The decision of the panel shall be by majority
equity (including any claim for injunctive or declaratory relief). "Claim" does not
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
include disputes about the validity, enforceability, coverage or scope of this Arbi-
panel if an appeal of the arbitrator's decision has been taken. The costs of such
tration Provision or any part thereof (including, without limitation, the prohibition
an appeal will be borne in accordance with Paragraph C.8. above.
against class proceedings, private attorney general proceedings and/or multiple
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
ment of all amounts owed under this Agreement, the closing of the Account, any
last sentence of Paragraph .13 and/or this sentence); all such disputes are for
legal proceeding and any bankruptcy to the extent consistent with applicable
a court and not an arbitrator to decide. However, any dispute or argument that
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
concerns the validity or enforceability of the Agreement as a whole is for the
tion Provision, on the one hand, and the applicable arbitration rules or the other
arbitrator, not a court, to decide.
provisions of this Agreement, on the other hand, this Arbitration Provision shall
4. Starting an Arbitration: Arbitration may be elected by any party with respect
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
to any Claim, even if that party has already initiated a lawsuit with respect to a
13. Severability: If any portion of this Arbitration Provision, other than the Class
different Claim. Arbitration is started by giving a written demand for arbitration
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
to the other party. We will not demand to arbitrate an individual Claim that you
nevertheless remain in force. If a determination is made that the Class Action
bring against us in small claims court or your state's equivalent court, if any. But
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
if
that Claim is transferred, removed or appealed to a different court, we then
main in force and the remaining provisions shall be null and void, provided that
have the right to demand arbitration.
the determination concerning the Class Action Waiver shall be subject to appeal.
5. Choosing the Administrator: "Administrator" means the American Arbitration
14. Special Payment: If (1) you submit a Claim Notice in accordance with
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
jamsadr.com; or any other company selected by mutual agreement of the par-
subsequently determines that you were entitled to such relief (or greater relief),
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
to select an Administrator by mutual consent, the Administrator will be selected
you are entitled).
by a court. The arbitrator will be appointed by the Administrator in accordance
with the rules of the Administrator. However, the arbitrator must be a retired or
comenity
Comenity Capital Bank, Salt Lake City, UT
former judge or a lawyer with at least 10 years of experience. You get to select the
Administrator if you give us written notice of your selection with your notice that
VCTCCA0314
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
12.74%, 16.74% or 21.74%
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 21.74%.
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 5% of the amount of the cash advance.
Convenience Check
The greater of $10 or 5% 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