Your Modell's MVP Credit Card Account Agreement
390701005 (02/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Exceed your Credit Limit
about using and managing your account, including a Privacy
Issue payment returned unpaid by your bank for any reason
Statement and information concerning your billing rights. Your
If we consider your Account in default, we may suspend your ability to make
charges, close your Account require you to pay the full amount you owe im
use of the account, or failure to close the account within the
mediately or take any other action permitted by law. applicable law requires
30 days of receiving this document, indicates your acceptance
so, we' tell you in advance and/or give you the opportunity to remedy
your default.
of the terms of this agreement, including the assessment of any
Reporting lost or stolen card (as applicable)
interest charges and fees.
If you notice the loss or theft of your credit card or possible unauthorized use
Section of this Agreement also includes a Jury Trial Waiver and
of your card, should write to us immediately at PO Box 183003, Columbus
an Arbitration Provision in the event of a dispute.
Ohio 18-3003 or call at 1-855-334-3702 (TDD/TTY: 1-888-8
You have a right to reject this Arbitration Provision.
You will not be liable for any unauthorized use that occurs after notify us. You
may, however, be liable for unauthorized use that occurs before your notice to us.
If you do not reject this Arbitration Provision, it will be part
In any case, your liability will not exceed $50.
of this Agreement and will:
C. Learning more about your account
o Eliminate your right to a trial by jury; and
Credit Plans
o
Substantially affect your rights, including your right
to
Your Account may consist of non promotional "Regular Revolving") Credit
bring, join in or participate in class proceedings.
Plan and one or more Credit Plans. Credit Plans offered
Please read each section carefully and keep this document for
their particular features (including but not limited to minimum purchase
requirements and minimum payment) may vary occasionally at our discre-
your records
tion and include one or more Regular Revolving or promotional Credit Plans
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time.
If promotional Credit Plan offered the time open your Account,
Financial terms of your account: An at glance summary of the fees and charges
this Agreement will include information about the terms for the Plan, by
associated
with
your
account
A. Getting started the basics of your account
use of insert, attachment, or other written information provided as part
of this Agreement
B. Keeping your account in good standing: avoiding default, and what to do if
your
lost
Normal late fees. returned payment fees and all other provisions apply to
card
stolen
C.
any promotional Credit Plan, unless inconsistent with a particular Credit
Learning more about your account credit plans, and credit limits, and how
Plan offering
payments calculated and applied
D. Interest, fees and charges when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn't paid in full before the promo-
account
tional period ends. the balance will be transferred to your Regular Revolving
balance.
E. Other important information: legal rights, costs, and how we'll handle
changes your
Promotional Credit Plans may include:
F.
Disputes and reporting to consumer reporting agencies: data we provide,
O Waive Interest, Payment Required
o Defer Interest. Payment Required
receive from, consumer reporting agencies and what to do you think
o Waive Interest, Equal Payment
o Defer Interest. Low Payment
there error on your periodic statement
o Waive Interest. Low Payment
Low APR, Equal Payment
G. Optional products: how protect account from fraud or theft, and
Defer interest, Equal Payment
o Budget Payment
information that can help pay your debt case of emergencies
Skip-payment option
H Communicating with us: what happens when you contact us
At our we may allow you to skip making the Minimum Payment.
I.
Arbitration and jury trial waiver: how we resolve disagreements, including
Charges will be ssessed during the skip-payment period, late
jury waiver and Arbitration provision
fee won't be imposed This will not be considered a waiver of any of the
Privacy statement: how we collect, use, share, and protect your personal informa-
rights
granted
by
this
Agreement
tion; and the privacy choices you can make
All other terms of your Account apply during the skip-payment period.
Financial terms of your account
Credit
limit
Your Credit Limit is the total maximum amount we permit you to owe us at
Interest Rates and Interest Charges
any time.
You may not exceed any Credit Limit that set for your Account
Annual
26.99%
If you do exceed your Credit Limit, we can still charge you for all transac-
Percentage
tions, interest and other charges without giving up any of our rights under
This APR will vary with the market based
this Agreement.
Rate (APR) for
on the Prime Rate.
We may change your Credit Limit at any time.
Purchases
Account cancellation
You may cancel your Account. You're still obligated to pay the full amount
Your due date is at least 25 days af ter the
you
owe
us.
close of each billing cycle. We will not
We may cancel your Account at any time, for any reason.
Paying Interest
charge you interest on purchases if you
We may refuse to authorize any purchase on your Account. We may also
pay your entire balance by the due date
suspend your Account and your right to use your Card, including each Card
each month.
you give to others.
We may stop offering any Credit Plan at any time, for any reason.
Minimum
If you are charged interest, the charge will
Cancellation or suspension of your Account doesn't negate your obligation to
Interest Charge
pay any amount you owe us.
be no less than $2.00 per credit plan
Cancellation of your Account includes each Card you give to others.
For Credit
Minimum Payment
Card Tips from
To learn more about factors to consider
You can pay all of your Account balance at any time without
the Consumer
when applying for or using a credit
penalty.
Financial
card, visit the website of the Consumer
must pay at least the Total Minimum Payment for each billing period by
Protection
Financial Protection Bureau at http://www.
the Payment Due Date shown your Statement.
Bureau
consumerfinance. gov/learnmore.
The Minimum Payment the total of minimum payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00. your Account
Fees
balance is less than $25.00, you must pay the amount indicated on your
Statement in full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
o The minimum payments for Waive Interest Payment Required
and
Penalty Fees
Defer Interest, Payment Required Credit Plans will be the greater of:
Late Payment
$ $5.00;
Up to $35
Returned Payment
(b) 1% (rounded up to the nearest $1.00) of the New Balance
Up $35
shown on your Statement for that Credit Plan,
o
How We Will Calculate Your Balance: We use a method called
The minimum payment for the Waive Interest, Equal Payment and De-
fer Interest. Equal Payment Credit Plans will be the amount of the pur-
"daily balance. See your Account agreement for more details.
chase divided by the number months between the date of pur-
Billing Rights: Information on your rights to dispute transactions
chase and the promotional period end date (minimum 5.00) rounded
up
to
the
nearest
$1.00.
and how to exercise those rights is provided in your account
o
The minimum payment for the Low APR, Equal Payment Credit Plan
agreement.
will be the amount of the purchase including the calculated interest
charges that will be assessed from the date of purchase through the
Comenity Capital Bank 1-855-334-3702 (TDD/TTY 1-888-819-1918)
end of the promotional period divided by the number months be-
tween the date of the purchase and the promotional period end date
Rate Information: The following chart provides details on your rate as of February
(minimum $5.00) rounded up to the nearest $1.00
2014. We divide the APR by 365 to determine the daily periodic rate.
o
The minimum payment for the Waive Interest, Low Payment and Defer
Interest. Low Payment Credit Plans will be the greater of:
Add Index
APR
Daily Periodic Rate
(a) $5.00
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Purchase APR
23.74%
26.99%
0.07395%
shown on your Statement for that Credit Plan.
Payment application
We'll charge you minimum interest charge of $2.00 per credit plan for any
billing period in which interest is due. For additional information, see Rates in
We reserve the right to apply payments equal to or less than the Total Mini-
Section D.
mum Payment however see fit. which may result in balance subject to
lower interest rates being paid prior to other balances. This may also result
in
high
interest
charges
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
ments
for
Regular
Revolving
and
Promotional
Credit
Plan
Any payment you make in excess of the required Total Minimum Payment
purchases
plus
any
less
Past Due amounts. The total Minimum Payment Due your account won't be
will be llocated to your Account as required by applicable law.
than
$25.00.
If
your
Account
balance
less
$25.00
must
Excess payments received before deferred interest promotion expires are
the
amount indicated on your Statement full. The Minimum Payment Due for each
applied to the deferred promotional balance first in the last two bill-
Regular Revolving and Cash Revolving Credit Plans will be:
ing periods of the promotional period.
The greater of:
D. Interest, fees and charges
o
1% of the New Balance, excluding any new Regular Revolving or Cash
Interest charges
Revolving Credit Plan Finance Charges shown on the Statement: or
o
$5.00
you make purchase under a Regular Revolving Credit Plan, interest
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
charges won't be imposed in any billing period in which no Previous Bal-
Charges shown the Statement rounded up to the nearest $1.00.
ance exists or (ii) payments received and credits issued by the Payment Due
See Minimum Payment in Section below for promotional credit plan minimum
Date. equal exceed the Previous
payment
calculations.
If the New Balance shown on your Statement isn't paid in full by the
The
APR
information
described
below
accurate
of
February
1
2014.
Due
Payment
Due
Date
shown
to
on
your
last
Statement,
there
will
be
an
interest
a change in the index, this informatic may To find out more. call
charge on each purchase from the date purchase
us at 1-855 (TDD/TTY: 1-888-819-1918), c write Comenity
If you make purchase under any Waive Interest Credit Plan. we won't
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
charge interest on the purchase you pay the total purchase amount be-
at comeni ty.net/modellsmvp.
fore the end of the promotional period. you don't pay the total
A. Getting Started
amount the end of the promotional period. we' add remaining
Definitions
amount to your Regula balance We'll also begin charging inter-
est the from the first day after the promotional period ends
In this Agreement, "We, 'Us' and "Our" mean Comenity Capital Bank. "You"
you make purchase under any Defer Interest Promotional Credit Plan
and "Your' mean each person who submits application or solicitation for an
and don't pay the total amount before the end the promotional period,
Account with "Account" means your credit card account with us. "Card'
we'l add the remaining purchase amount and the amount of accrued inter-
means each credit card we issue for your Account "Credit Plan" means one or
est
to
your
Regular
Revolving
balance.
more payment program options Modell's may ask us to offer from time to time
you make purchase under Low APR. Equal Payment Credit Plan,
Upholding your Agreement
interest will be assessed from the date of purchase through the end of the
You agree to the terms of this Agreement, and promise to do everything
promotional
period.
required
of
you.
If
you
sign
or
submit
an
solicitation
to
obtain
How we calculate Finance Charges on your Account
credit from us, you'll be legally bound by this Agreement You also legally
We calculate interest separately for each Credit Plan. using 'Daily Balance" to
bound you sign charge slip, or permit someone else to use the credit
determine interest charges for each billing period. Our calculation method is as
provided.
follows:
You agree that the credit extended under your Account will be used only for
We start with the beginning balance on your Account each day (including
personal, family or household purposes and not for business or commercial
unpaid interest charges and fees).
purpose.
We subtract any payments credit adjustments (treating any net credit
If the Account is joint Account, you and the joint Account holder will be
balance zero balance) and add new transactions debit adjustments
bound by this Agreement Each of you will be jointly and individually respon-
posted as of that day. This gives us the "Partial Daily Balance' for the day.
sible for repaying all amounts due. more than one person is responsible
We then multiply the Partial Daily Balance for the day by the Daily Periodic
for this Account we will only provide billing statements and communica-
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
tions to one you.
the day's Partial Daily Balance
Any authorized user of your Account will be bound by the terms of this
We've now determined the "Daily Balance. which will be the beginning
Agreement. One additional Card may be issued the individua name of
balance for the following day. This results in daily compounding of interest
an authorized user embossed the Card. If you want to revoke the use of
charges.
your Account by authorized user. either write us at the address, or call us
At the end of each billing period, we add together each Credit Plan's Daily
at the phone number. shown on your Statement.
Interest Charge, which gives us the total interest charge
You agree to pay for all transactions made on your Account by an authorized
Your Statement will show Balance Subject to Interest Rate, which is the
user whether or not such transactions were authorized by you or made for
sum of the Daily Balances for each day in the billing period divided by the
your benefit.
total number of days.
Card signature (as applicable)
Rates
For your own protection. please sign your Card before using it. Keep in mind that
The Index in effect for each billing period will be the highest "Prime Rate"
your signature on the Card isn't a prerequisite to your obligation to pay amounts
of interest as published in the "Money Rates section The Wall Street
incurred
on
your
Account.
Journal for the calendar month preceding the month which the billing pe-
Using your Account
riod
begins,
rounded
upward
necessary,
to
the
nearest
.001%
("Index"
).
Your Account may be used to make purchases from Modell's and other re-
Any variable APF may increase if the Index increases.
tailers we may casionally by notifying you via electronic mail,
An increase or decrease in the APR will result corresponding increase
statement essage, website posting, or other method
or decrease in the amount of interest and may increase the Total Minimum
We reserve the right to not honor transactions related to including, but not
Payment.
limited to. gambling, ATM usage at casinos, and illegal activities.
Other fees and charges
Making payments
You agree to pay the following fees and charges:
Pay your Account by sending check. money order, or cashier's check pay-
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
able in dollars to the name and address shown on your Statement
ment Due Date, will charge you late fee.
specified for payments. Please don't send cash.
o The fee $25.0 you were not charged a late fee during any of the
Be sure to include your payment stub, do not staple your payment to the
prior six billing periods.
stub. use the envelope provided with your Statement and don't send any
o
erwise, the $35
correspondence
with
your
payment.
o
This fee will never exceed the minimum payment due that was due im-
If your payment doesn't meet these requirements, it may not be credited to
mediately prior to the date on which the fee was assessed
your Account for up to five days, may be rejected.
Returned Payment Fee: We may charge you fee for each payment that your
All written concerning disputed amounts, including any
bank
doesn'
honor
for
any
reason
check other payment instrument marked with 'payment in full' or similar
O The fee $25. .00 you were not charged returned payment fee dur-
language, must sent 6550 North Loop 1604 East, Suite 101, San
ing any of the prior six billing periods.
Antonio, Texas 78247-5004
o
Otherwise, the fee $35
o
We may accept payment sent to any other address without losing any
o
This fee will never exceed the minimum payment due that was due im-
of our rights
mediately prior to the date on which the fee was assessed.
O
No payment shall operate as an accord and satisfaction without our
Although we may decide to do so, we aren't required to attempt to collect a
prior written approval.
payment more than once
B. Keeping your account in good standing
Document Fees: we provide you with copy of any Statement, sales draft
Avoiding default
or similar document your request (except in connection with billing error
You'll be in default under this Agreement if you:
inquiries or resolution), we may charge the Account the following fee(s),
subject to any limitations applicable law:
Fail to make any payment when due
o
Statement copy $6.00
Violate any provision of this Agreement
Sales/Credit Draft copy $6.00
Pass away
O
Check/Money Order copy $6.00
Become the subject of bankruptcy or insolvency proceedings
Alternative Payment Method Fee: We may offer alternative payment meth-
Supply us with misleading, false. incomplete or incorrect information
ods that allow you to make individual exped ted payments to your Account
Are unable or unwilling perform the terms conditions of this Agreement
Fail supply us with any information we deem necessary
over the phone. you choose to this payment method, we may
the
current
fee
we
charge
for
this
service.
subject
to
any
limitations
of
Default under any other loan or agreement you have with us or any of our
ap-
affiliates
plicable law. Currently, that fee up $15.00 but may change. We'll let
Become incompetent
you know the current fee before you authorize any payment(s). and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
I. Arbitration and jury trial waiver
Collection costs
A. Jury trial waiver
To
the
extent
not
prohibited
by
applicable
law,
you
agree
to
costs collecting amounts due including reasonable attorney's fees and court
for
pay
the
reasonable
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WA
costs incurred by us or another person or entity.
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING ou
Changes
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL
We
ARBITRATION PROVISION BELOW (INCLUDING THE JU
may
add,
change,
or
delete
the
terms
of
your
Account
If
required
by
appli-
CONTAINED THEREIN). YOU AND WE EACH REPRESENT
cable law, we will give you advance written notice of the change(s) and right to
is GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
reject the change(s).
B. Notice and cure
Security Interest
Prior to bringing lawsuit or initiating an arbitration that
You grant us security interest in all goods you purchase through the use of the
ing out of related to this Agreement (as further defined
Account, now or any time the future and in and proceeds
such goods. We waive any security interest we may have in your principal dwell-
the party asserting the Claim (the shall give
Defendant' written notice of the Claim (a "Claim Notice
ing, to the extent that would otherwise secure any obligation arising hereunder
Changes to your information
opportunity, not less than 30 days, to resolve the Claim Any
shall be sent in writing to the address we have our reco
You agree to notify us immediately of any changes to your name, mailing address,
address
tly
provide
us)
Any
Claim
Notice
t
electronic mai address or telephone number(s)
mail to Comenity Capital Bank, PO Box 182436. Columbus
Governing Law
(or
any
updated
address
we
subsequently
provide).
Any
Cla
THIS
AGREEMENT
IS
GOVERNED
BY
UTAH
AND
APPLICABLE
FEDERAL
THIS
LAW.
must provide your name address and Account number Any
IS
LAW
WE
ARE
SPEAKING
OF
WHEN
WE
REFER
TO
A
TERM
PER-
explain
the
nature
of
the
Claim
and
the
relief
that
is
demar
MITTED OR REQUIRED BY APPL ICABLE LAW.
submit Claim Notice your behalf and on behal
Transfer
of
Rights/Assignment
No third party, other than lawyer you have personally reta
You rights under this Agreement can't be transferred by you, by operation of law
Claim Notice on your behalf The Claimant must
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
ing any information about the Claim that the other party reas
representatives. We may transfer or assign your Account and/or this Ag
C. Arbitration provision
or any of our rights under this Agreement. to another person or entity at any time
READ THIS ARBITRATION PROVISION CAREFULLY. IF YO
prior notice to you or your consent.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PA
No Waiver of Rights
LOW. IT WILL BE PART OF THIS AGREEMENT AND WILL
We can delay enforcing our rights under this Agreement without losing them.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE
Severability
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE
If any provision of this Agreement is in conflict with applicable law. that provision
1. Your Right to Reject: If you don't want this Arbitratic
will be considered to be modified to conform with applicable law.
prior arbitration agreement between you and us ("Prior Arbit
Notice to New Jersey Residents
to apply, you may reject it by mailing us written rejection no
All provisions of this agreement are valid, enforceable and applicable in New
name of each Cardholder and contains statement that you
Jersey
than one) reject the Arbitration Provision of this
F. Disputes and Reporting to Consumer Reporting Agencies
must to us at Comenity Capital Bank, PO Box 18242
43218-2422. A rejection notice only effective signe
Credit Reports
if more than one) and we receive within thirty (30) cale
You give us permission to investigate your credit record
date we first provide you with credit card agreement writ
You
agree
that
credit
report
may
be
requested
in
connection
with
the
you right to reject this Arbitration Provision. Your rejectio
processing
your
application
A
report
may
also
be
connection
requested
Provision will not affect any other provision of this Agreeme
with
credit
tension.
request,
Account
renewal
obtain credit.
or
update
action.
or
dispute
investigation
Upon
2.
Parties
request
Subject
to
Arbitration:
Solely
as
used
in
this
not
A
the and address of any reporting agency that
(and
in
this
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
Comenity
Capital
Bank
by
any
parent,
subsidiary
or
affiliate
o
signing
or
submitting
or
solicitation
employees.
and
such
companies
(the
You
understand
that
we
may
report
negative
information
(such
(b)
late
any
other
person
or
as
company
pay
that
provides
any
ments. missed payments. or other defaults) about your Account to consumer
this
assert
Claim
against
such
other
perso
reporting
agencies.
time you assert Claim against any Bank Party.
You give permission to provide information about your Account to
3. Covered Claims: "Claim" means any claim, dispute
or
sumer reporting agencies and other creditors, as well as to the retailer whose
you that way arises from or relates to this Agree
name
appears
on
your
Card.
the any Card. any rewards program, any prior agr
Credit report disputes
"Claim" includes disputes arising from actions or omission
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
any Card issued to you, including the advertising relate
is inaccurate. you may submit direct dispute to Comenity Capital Bank, PO
or
approval
the
Account.
"Claim"
has
the
broadest
Box
182120,
Columbus,
Ohio
43218
includes initial claims, counterclaims, cross and th
written dispute must provide sufficient information to identify the Account
includes
disputes
based
upon
contract
tort
consumer
right
and specify why the information inaccurate
intentional torts, constitution. statute. regulation
Account Information: Your name and Account number
equity
(including
claim
for
injunctive
declaratory
relief
Contact Information: Your address and telephone number
include disputes about the validity enforceability coverage
Disputed Information: Identify the Account information disputed and ex-
tration Provision any part thereof (including, without
plain
why
you
believe
it
again class proceedings, private attorney general proceedi
Supportir available. provide copy of the section of the
party
proceedin
described
Paragraph
C.7
(the
"Class
credit report showing the Account information you are disputing
last sentence of Paragraph 13 and/or this sentence)
We
will
investig
the
disputed
information
and
report
the
results
to
you
within
a court and not an arbitrator to decide. However any disput
30 days of receipt of the needed for our invest igation If we find that
the validity or enforceab lity of the Agreement as
the
Account
information
we
reported
inaccurate
we
will
arbitrator.
not
promptly
provide
the
court
to
decide.
necessary correction to each consumer reporting agency to which we reported
4. Starting an Arbitration: Arbitration may be elected by an
the information
to
Claim,
even
that
party
has
already
initiated
lawsu
Your Billing Rights: Keep This Document For Future Use
different Claim. Arbitration started by giving written der
This notice tells you about your rights and our responsibilities under the Fair
to
the
other
party.
We
wil
not
demand
to
arbitrate
an
indivi
Credit
Billing
bring against us small claims court or your state's equivale
What To Do If You Find 4 Mistake On Your Statement
if that Claim transferred removed or appealed to diffe
think
have
error
the
on
your
right
to
write
demand
arbitration
to
us
at:
Bank, PO Box 182620 Columbus Ohio 43218-2620
Comenity
Capital
5. Choosing the Administrator: "Administrator" means the A
In your letter give us the following
Associat "AAA" 1633 Broadway 10th Floor, New York
Account information: Your name and number.
adr.org: JAMS 620 Eighth Avenue, 34th Floor, New York
Dollar amount The dollar amount of the error
or any other company selected by mutual agr
Description
of
problem:
If
you
think
there
an
error
on
your
bill,
describe
ties. both AAA and JAMS cannot or not serve and the
what you believe is wrong and why you believe it is mistake.
to select an Administrator by mutual consent the Administr
You
must
contact
US:
by
court.
The
arbitrator
be
appointed
by
the
Administ
Within
60
days
after
the
error
appeared
on
statement
with the rules of the Administrator. However the arbitrator
At
least
3
days
before
tomated
payment
is
scheduled,
if
former judge or lawyer with least 10 years of experience
want
to
stop
payment
on
you
the
amount
you
think
wrong
Administrator you give us written notice of your selection
You must notify us of any potential errors writing. You may call us, but if you
you are electing arbitrate any Claim or within 20 days afte
do we are not required to investigate any potential errors and you may have to pay
that electing to rbitrate any Claim (or if dispute
the
amount
in
question
arbitration of the Claim. within 20 days after that dispute
What Will Happen After We Receive Your Letter
you not select the Administrator on time, may do
When receive your letter. we must do two things
any language in this Arbitration Provision to the contrary no
1
Within
30
days
receiving
your
letter.
must
tell
you
that
received
administered without the consent of all parties to the arbitra
we
letter. We also tell have already corrected the error.
your
istrator that has place formal or informal policy that
2 Within 90 days of receiving your letter. we must either correct the error
Class Action Waiver
or
explain to why we believe the correct
6 Court and Jury Trials Prohibited; Other Limitations on Le
While
whether
or
not
there
has
been
an
error:
OR WE ELECT TO ARBITRATE A CLAIM YOU WILL NOT H
We cannot try to collect the amount in question, or report you as delinquent
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE
that
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MO
The charge question remain on your statement and we may continue
ARBITRATION THAN IN A LAWSUIT OTHER RIGHTS THAT
charge
you
interest
on
that
amount
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
7.
Prohibition
While not have to pay the amount in question, you are responsible for
Against
Certain
dings:
IF
YOU
OR
W
the
remainder
balance
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PART ric
We can apply any unpaid amount against your credit limit
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION. EI
After
we
finish
our
investigation
one
of
two
things
will
happen
TIFF, DEFENDANT OR CLASS MEMBER (2) NEITHER YOU
we made mistake will not have pay the amount in question or any
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN
interest
other
fees
related
to
that
amount
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOI
do not believe there was mistake You wil have to pay the amount
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OT
in
question,
along
with
applicable
interest
and
fees
We
will
send
you
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHO
state-
ment of the amount you owe and the date payment is due We may then
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENE
report
you
delinquent
you
do
not
pay
the
OR MULTIPLE-PAR ARBITRATION
amount
think
you
owe
If you receive our explanation but still believe your bill is wrong, you must write
8. Location and Costs of Arbitration: Any arbitration heari
to
within
10
days
telling
take
us
that
you
place
refuse
pay
cannot
convenient
to
all
of
you.
report delinquent without also reporting that are questioning your bill
fees
the
and/or
the
arbitrator
if
applica
We
must
tell
you
the
to.
name
you
prevail
the
anyone
whom
itration
we
reported
or
if
you
as
delinquent
we
must
bear
such
f
and must let those organizations know when the matter has been settled
tration to be enforced If you demand an arbi
between
your and experts fees you prevail
not follow all of the above, you do not have to pay the first $50 of
in order for this Arbitration Provision to be enforced Als
the
amount
fees
you
ever
your
bill
correct
law
requires
to.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
9. Governing Law: This Arbitration Provision involves inters
If
you
are
dissatisfied
with
the
goods
or
services
that
you
have
purchased
with
by the Federal Arbitration Act, 9 U.S.C. §§ 1-1
your credit card. and you have tried good faith to correct the problem with the
not by any arbitration The arbitrator must apply app
merchant, you may have the right not to pay the remaining amount due on the
law
consistent
with
the
FAA
and
applicable
statutes
of
limita
purchase.
recognized at law. The arbitrator may award any rem
To use this right, all of the following must be true
substantive law that would apply if the action were pending
1.
The
purchase
must
have
been
made
your
home
state
or
within
of
100
miles
without limitation, punitive damages, which shall be govern
you
current
mailing
address.
tional
and
the
standards
purchase
price
employed
by
the
must
courts)
At
the
timely
than $50. (Note: Neither of these are necessary if your purchase on
arbitrator must provide a brief written planation the
an advertisement we mailed to you, or we own the company that sold you the
10. Right to Discovery In addition to the parties' rights
goods
services.
pursuant to the rules of the Administrator eithe
You
must
have
used
a
written
request
to
the
your
credit
card
for
the
to
purchase.
Purchases
arbitrato
expand
the
made
with
scope
of
dis
cash advances from an ATM or with check that accesses your credit card ac
lowable under the arbitration rules of the Administrator. The
do not qualify.
to
grant
deny
that
request.
must yet have fully paid for the purchase
11. Arbitration Result and Right of Appeal: Judgment
up
the criteria above are met and you are stil dissatisfied with the purchase,
award
may
be
entered
by
any
court
having
jurisdiction.
The
contact
us
writing
at:
final and bindi ing, except for any right appeal provided by
Comenity Capital Bank
if
the
amount
of
the
Claim
$50
000
involves
re
PO Box 182620, Columbus. Ohio 43218-2620
or declaratory relief that could foreseeably involve cost be
While
we
investigate.
the
same
rules
exceeding
$50,000,
apply
the
any
party
can
within
disputed
amount
30
as
days
after
the
above. After we finish our invest tigation, we will tell you our At that
by the arbitrator appeal the award to three arbitrator panel :
point. we think you owe an amount and you do not pay, we may report you as
Administrator.
The
panel
shall
anew
any
aspect
delinquent
requested by the appealing party. The decision of the panel
:
G. Optional products
vote Reference in this Arbitration Provision to "the arbitrat
panel an appeal the arbitrator's decision has been taken
Credit insurance (as applicable)
appeal wil be borne accordance with Paragraph al
Purchasing credit insurance optional If you do choose to carry credit insurance
12. Rules of Interpretation: This Arbitration Provision shal
coverage,
the
premium
charge
will
be
added
to
your
Account
as
all amounts owed under this Agreement the closing
the
last
of
purchase
on
day
each
billing
period.
cancel
your
coverage
at
any
time.
legal proceeding and any bankruptcv to the extent consist
Account Assure Debt cancellation (as applicable)
bankruptcy
law.
In
the
event
conflict
be
Purchasing Account Assure is optional.
tion Provision on the one hand, and the applicable arbitratic
Your decision whether or not to purchase Account Assure won't affect your
provisions of this Agreement. on the other hand, this Arbitra
application for credit or the terms of any existing credit agreement you have
govern.
This
Arbitration
Provis
replaces
any
Prior
Arbitrat
with
us
13. Severability: any portion of this Arbitration Provision.
The
monthly
fee
for
Account
Assure
is
based
the
Action
on
outstanding
Waiver
balance
monthly
deemed
invalid
or
unenforceable
the
rema
on
your
Account
each
month
and
will
be
added
remain
in
Statement
force
determination
made
th
We'll
provide
additional
information
before
you're
required
to
pay
for
Ac
Waiver unenforceable only this sentence of the
count Assure This will include copy of the terms and conditions pertain-
force and the remaining provisions shall be and
ing
Account
Assure
determination concerning the Class Action shall be
You car cancel your Account Assure at any time.
14. Special Payment: you submit Claim Notice
There
are
ligibility
and
exclusions
that
could
Paragraph above on your own behalf (and not on behalf
vent
you
from
benefits
pre-
receiving
under
(2)
Account
Assure
we
refuse
to
provide
you
with
the
request;
an
Be sure to carefully read the Addendum for a full explanation of the terms
subsequently
determines
that
you
entitled
to
Account
Assure.
the arbitrator shall award you at least $5,100 (plus any fees
H. Communicating with us
you are entitled)
Communicating to you about your Account
If
comenity
Comenity Capital Bank, Salt Lake City,
we
need
contact
you
to
service
your
Account
or
to
collect
amounts
you
to us, give direct consent to us, as well as agents,
texting,
collectors of your Account to communicate with you in any way, such as calling,
electronic
mail
via
1)
cell, landline, or text number you provide, use to contact us or at which
we
believe
can
reach
you
(even
if
not
yours),
2)
any
electronic
mail
address
you
provide
to
us
one
of
our
merchants,
3)
automated
dialer
systems
and
automati
telephone
dialing
systems
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
You
also agree that these communications aren't unsolicited for purposes of any
state federal and you understand that this may result in additional mobile,
text
message,
or
data
charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone cal between you and
Please inform al authorized cardholders of this provision, including anyone
acting your behalf or making payments on this Account
For Wisconsin residents:
If
you are
married
contact
us
immediately
upon
receipt
of
this
Agreement
at 1-855-334-3702 (TDD/TTY 8) and provide with the name
and address of your spouse. We are required to inform your spouse that we have
opened credit account for you.
For bankruptcy notifications:
All
bankruptcy
notices
and
related
correspondence
to
Comenity
Capital
Bank
should be sent to the following address: Comenity Capital Bank, Bankruptcy De-
partment, PO Box 183043, Columbus, Ohio 43218-3043
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method