Your Home & Garden Showplace Credit Card account agreement.
344841015 (03/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
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-
about using and managing your account, including a Privacy
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
us do so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your
default.
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credi card or a possible unauthorized use
of
your
card,
should
to
PO
interest charges and fees.
you
write
immediately
Box
183003
Columbus
Ohio 43218 3003 or call us at 1-855-842-9246 (TDD/TTY:
Section of this Agreement also includes a Jury Trial Waiver and
You will not be liable for any unauthorized use that occurs after you notify us. You
an Arbitration Provision in the event of a dispute.
may, however, be liable for unauthorized use that occurs before your notice to us.
You have a right to reject this Arbitration Provision.
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit Plans
0 Eliminate your right to a trial by jury; and
Your Account may consist of non-promotional ("Regular Revolving" Credit
o
Substantially affect your rights, including your right to
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but limited to minimum purchase
Please read each section carefully and keep this document for
quirements
and
minimum
payment)
may
vary
occasionally
our
discretion
and include one or more Regular Revolving or promotional Credit Plans.
your records
We may offer different promotional Credit Plans from time to time.
In the following sections, you will find information on:
promotion Credit Plan is offered at the time you open your Account,
Financial terms of your account: An at-a-glance summary of the fees and charges
this Agreement will include ormation about the terms the Plan, by use
associated
with
your
account
of insert, attachment, or other written information provided as part of this
A. Getting started: the basi of your account
Agreement.
B. Keeping your account in good standing: avoiding default, and what to do if
Normal late fees. returned payment fees and all other provisions apply to
your
card
lost
stolen
applicable
any promotional Credit Plan, unless inconsistent with particular Credit
C.
Learning more about your account credit plans, and credit limits, and how
Plan offering.
payments are calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo-
D.
Interest, fees and charges: when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E.
Other important information legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes
your
account
o Waive Interest, Payment Required
o
Defer Interest Payment Required
F.
Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest. Equal Payment
o Defer Interest. Low Payment
and receive from consumer reporting agencies, and what to do you think
o Waive Interest. Low Payment
o Low APR. Equal Payment
there an error on your periodic statement
Defer Interest, Equal Payment
o
Budget Payment
G. Optional products: how to protect your account from fraud or theft, and
Skip -payment option
information on services that can help pay your debt in case of emergencies
At our discretion, we may allow you to skip making the Minimum Payment.
H.
Communicating with us what happens when you contact us
Finance Charges will be during the skip-payment period, late
I.
Arbitration and jury trial waiver how we'l resolve disagreements, including
fee won't This will not be considered a waiver of any of the
a
jury
trial
waiver
and
Arbitration
provision
rights
granted
by
this
Agreement.
Privacy statement: how collect. use. share, and protect your personal informa-
All other terms of your Account apply during the skip-payment period.
tion; and the privacy choices can make
Credit limit
Financial terms of your account
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 we set for your Account.
25.99%
If you do exceed your Credit Limit we can still charge you for all transac-
Annual Percentage
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
This APR will vary with the market based
this Agreement.
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
Your due date is at least 26 days after
You may cancel your Account. You re still obligated to pay the full amount
you owe us.
How to Avoid
the close of each billing cycle. We will
We may cancel your Account at any time, for any reason.
Paying Interest
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account. We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
you give to others.
We may stop offering any Credit Plan at any time, for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation or suspension of your Account doesn't negate your obligation to
Charge
will be no less than $2.00 per credit
pay any amount you owe us
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
To learn more about factors to consider
Card Tips from
when applying for or using a credit
You can pay all of your Account balance at any time without
the Consumer
card, visit the website of the Consumer
penalty.
Financial
Financial Protection Bureau at http://
You must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown on your Statement
Protection Bureau
www.consumerfinance.gov/learnmore
The Minimum Payment is the total of minimum payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
Fees
The Total Minimum Payment won't be less than $25.00 If your Account
Annual Fee
None
balance is than $25.00, you must pay the amount indicated on your
Statement full.
Penalty Fees
The minimum payment for each Credit Plan is calculated as follows:
o
Late Payment
Up to $35
The minimum payments for Regular Revolving Credit Plans, Waive In-
terest, Payment Required and Defer Interest, Payment Required Credit
Returned Payment
Up to $35
Plans will be the greater of:
(a) $5.00;
How We Will Calculate Your Balance: We use a method called
(b) 5% (rounded up to the nearest $1.00) of the New Balance
"daily balance." See your Account agreement for more details.
shown on for that Credit Plan.
o
The minimum payment for the Waive Interest Equal Payment and De-
Billing Rights: Information on your rights to dispute transactions
fer Interest, Equal Payment Credit Plans be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase romotional period end date (minimum .00) rounded
the
nearest
$1.00.
o
The for the Low APR. Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of March 1,
will be the amount of the purchase including the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that be from the date purchase through the
end of the promo period divided by the number months
Add Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up the nearest $1.00.
Purchase APR
22.74%
25.99%
0.07120%
o
The payment for the Waive Interest Low Payment and Defer
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates in
(a) $5.00 or
Section
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
shown on your Statement for that Credit Plan.
The amount you must pay each billing period ("Total Minimum Payment" is the
Payment application
total of minimum payments for Regular Revolving and promotional Credit Plan
We reserve the right to apply payments equal to or less than the Total Mini-
purchases plus any Past Due amounts. The Total Payment won't be
mum Payment however see fit, which may result in balances subject
to
less than $25.00 If your balance than $25.00 you must pay the
interest rates being paid prior to other balances This may also result
amount indicated on your billing statement "Statement" in ful The mir imum
higher interest charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment you make in excess of the required Total Minimum Payment
(a)
$5.00;
will allocated to your Account as required by applicable law.
5% the New Balance shown on your Statement for that
Excess payments received before deferred interest promotion expires are
Credit Plan (rounded up to the nearest 1.00).
applied the deferred interest promotional balance first in the last two bill-
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
payment
calculations
The APR information described below accurate as of March 1. 2014. Due to
D. Interest, fees and charges
change
in
the
index,
this
find
out
more,
Interest charges
us at 1-855 -9246 (TDD/TTY: write us at Comenity
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
If you make a purchase under a Regular Revolving Credit Plan, interest
at creditcard .gardenplace.com.
charges won't be imposed in any bi ling period in which (i) no Previous Bal-
ance exists or (ii) payments received and credits issued by the Payment Due
A. Getting Started
Date, equal or exceed the Previous Balance.
Definitions
If the New Balance shown on your last Statement isn't paid in full by the
In this Agreement, "We, Us' and "Our" mean Comenity Capital Bank. "You"
Payment Due Date shown your last Statement. there will be an interest
and "Your" mean each person who submits application or solicitation for an
charge
on
each
purchase
from
the
date
of
purchase
Account
with
us
"Account"
means
your
credit
card
account
with
us.
'Card'
If you make purchase under any Waive Interest Credit Plan, we won't
means
each
credit
card
we
issue
for
your
Account.
as
applicable.
"Credit
Plan'
charge interest the purchase you pay the total purchase amount be-
means more payment program options Home & Garden Showplace may ask
fore the end of the promotional period. If don't pay the total purchase
us to offer from time to time.
amount before the end of the promotional period, add the remaining
Upholding your Agreement
amount to your Regular Revolving balance We'll also begin charging inter-
est
on
the
purchase
from
the
first
day
after
the
promotional
period
You agree to the terms of this Agreement, and promise to do everything
ends.
requir you you sign lication or solicitation obtain
If you make purchase under any Defer Interest Promotional Credit Plan
credit from you' be legally bound by this Agreen also legally
and don't pay the total amount before the end of the promotional period,
bound you sign charge slip, or permit someone else to use the credit
we'l add the remaining purchase amount and the amount of accrued inter-
provided.
est to your Regular Revolving balance.
You agree that the credit extended under your Account will be used only for
If you make a purchase under Low APR, Equal Payment Credit Plan,
personal, family or household purposes and not for business or commercial
interest will assessed from the date of purchase through the end of the
purpose
promotional period.
If the Account is joint Account, you and the joint Account holder will be
How we calculate Interest Charges on your Account
bound by this Agree ment Each of you jointly and individually respon-
We calculate interest separately for each Credit Plan, using 'Daily Balance"
to
sible for repaying all amounts due. If more than one person responsible
determine interest charges for each billing period. Our calculation method is as
for this Account. we will only provide billing statements and communica-
follows:
tions
one
you.
We start with the beginning balance on your Account each day (including
Any authorized user of your Account will be bound by the terms of this
unpaid
interest
charges
and
fees).
Agr eement. One additional Card may be issued with the individual name
We subtract any payments or credit adjustments (treating any net credit
an authorized the Card you want to revoke the use
balance zero balance) and add new transaction and debit adj
your Account by authorized user, either write us at the address, or call us
posted as of that day. This gives the 'Partial Daily Bal ance' for the day.
at the phone number, shown on your Statement
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You agree to pay for all transactions made on your Account by an authorized
Rate. This gives the "Daily Interest Charge" for the day, which we add to
whether or not such transactions were authorized by you or made for
the
day's
Partial
Daily
Balance
your benefit.
We've now determined the "Daily Balance which will be the beginning
Card signature (as applicable)
balance for the following day. This results in daily compounding of interest
For your own protection. please sign your Card before using it Keep in mind that
charges.
your signature on the Card isn't a prerequis ite to your obligation to pay amounts
At the end of each billing period, we add together each Credit Plan's Daily
incurred on your Account.
Interest Charge, which gives us the total interest charge.
Using your Account
Your Statement will show Balance Subject to Interest Rate, which is the
.
Your Account may be used to make purchases from Home & Garden Show-
sum of the Daily Balances for each day in the billing period divided by the
place
and
other
retailers
we
may
determine
occasionally
by
notifying
total number of days.
via
electronic mail, statement message, website posting, or other method.
Rates
We reserve the right to not honor transactions related to, including, but not
The Index in effect for each billing period will be the highest "Prime Rate"
imited to, gambling, ATM usage at casinos, and illegal activities.
of interest as published the "Money Rates' of The Wall Street
Making payments
Journal for the calendar month preceding the month in which the billing pe-
Pay your Account by sending check, money order, or cashier's check pay-
riod begins, rounded upward if necessary, to the nearest .001 % "Index"
able in U.S dollars, to the name and address shown on your Statement
Any variable APR may increase if the Index increases.
specified for payments Please don't send cash.
An increase or crease the APR will result corresponding
increase
Be sure to include your payment stub, do not staple your payment to the
or decrease in the amount of interest and may increase the Total Minimum
stub, use the envelope provided with your Statement and don't send any
Payment.
correspondence with your payment
Other fees and charges
If your payment doesn't meet these requirements it may not be cred ted to
You agree to pay the followin ng fees and charges:
your Account for up to five days, or may be rejected
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
All written communications concerning disputed amounts, including any
ment Due Date. we will ch large you late fee.
check other payment instrument marked with payment in full' similar
0
The fee $25 00 if you were not charged late fee during any of the
language, must sent 6550 North Loop 1604 East, Suite 101, San
six billing periods
Antonio, Texas 78247-5004.
o
Otherwise, the $35.
o
We may accept payment sent to any other address without losing any
0
This fee wil never exceed the minimum payment due that was due
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
Returned Payment Fee: We may charge you fee for each payment that your
prior written approval.
bank
doesn
honor
for
any
reason.
B. Keeping your account in good standing
0
The fee is $25.00 you were not charged returned payment fee dur-
ing any of the prior six billing periods.
Avoiding default
o
Otherwise, the fee $35.
You'll be in default under this Agreement if you:
0
This fee wil never exceed the minimum payment due that was due
Fail to make any payment when due
immediately prior to the date which the fee was assessed.
Violate any provision of this Agreement
Although may decide to do so, we aren't required to attempt to collect a
payment more than once
Pass
away
Document Fees: If we provide you with copy of any Statement, sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing error
Supply us with misleading, false, incomplete or incorrect information
inquiries or resolution), we may charge the Account the following fee(s),
Are unable or unwil ing to perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
Fail to supply us with any information we deem necessary
o
Statement copy $6.00
o
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
affiliates
o
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
ods that allow you to make individual expedited payments to your Account
Exceed your Credit Limit
over the phone. If you choose to use this payment method, we may assess
Issue payment returned unpaid by your bank for any reason
the current fee we charge for this service subject to any limitations of ap-
licable law. Currently, that fee up to $15.0 00 but may change. We'll let
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
For Wisconsin residents:
Collection costs
you are married please contact us immediately upon rec
To the extent not libited by applicable law. you agree to pay the reasonable
at (TDD/T -888-819-191 and pro
costs for collecting amounts due. including reasonable attorney's fees and court
and address of your spouse. We are required to inform you
costs incurred by us or another person or entity.
opened credit account for you.
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account If required by appli-
All bankruptcy notices and related correspondence to C
cable law we will give you advance written notice of the change(s) and right to
should be sent to the following address Comenity Cap
reject the change(s)
Department, PO Box 183043, Columbus, Ohio 43218-3
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account, now or at any time in the future and in all accessions and proceeds
such goods. We waive any security interest we may have your principal dwell-
TO THE EXTENT PERMITTED BY LAW, YOU AND WE W
ing, to the extent that it would otherwise secure any obligation arising hereunder.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING
Changes to your information
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHA
You agree to notify us immediately of any changes to your name, mailing address,
ARBITRATION PROVISION BELOW (INCLUDING THE
electronic mail address or telephone number(s).
CONTAINED THEREIN). YOU AND WE EACH REPRESEN
Governing Law
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
THIS
AGREEI
IS
GOVERNED
BY
UTAH
AND
APPLICABLE
FEDERAL
LAW.
B. Notice and cure
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
Prior to bringing lawsuit or initiating an arbitration that
MITTED OR REQUIRED BY APPLICABLE LAW.
ing out of or related to this Agreement (as further define
Transfer of Rights/Assignment
the party asserting the Claim (the "Claimant" shall give
Your rights under this can't be transferred by you, by operation of law
Defendant' written notice of the Claim (a 'Claim Noti
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
opportunity, no less than 30 days, to resolve the Claim A
representatives We may transfer assign your Account and/or this Agreement,
shall be sent in writing to the address we have our re
or any of our rights under this Agreement, to another person or entity at any time
address you subsequently provide us). Any Claim Notice
without prior notice to you or your consent.
mail to Comenity Capital Bank, PO Box 182436, Columb
No Waiver of Rights
(or any updated address we subsequently provide). Any
We can delay enforcing our rights under this Agreement without losing them.
must provide your name. address and Account number
explain the nature of the Claim and the relief that
Severability
submit Claim Notice on your own behalf and not on beh
If any provision of this Agreement is in conflict with plicable law, that provision
No third party, other than lawyer have
will be considered to be modified to conform with applicable law.
Claim Notice on your behalf The Claimant must reasonab
Notice to New Jersey Residents
ing any information about the Claim that the other party
All provisions of this agreement are valid, enforceable and applicable in New
C.Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH
Credit Reports
LOW, IT WILL BE PART OF THIS AGREEMENT AND WIL
You give us permission to investigate your credit record.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE
You agree that credit report may be requested in connection with the
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN
processing of your credit application. A report may also be requested
1. Your Right to Reject: If you don't want this Arbitrati
connection with credit extension, credit limit request, Account renewal or
prior arbitration agreement between you and us ("Prior Arl
update, Account collection action or dispute investigation Upon request
to apply, you may reject it by mailing us written rejection
tell
you
the
name
and
address
of
any
consumer
reporting
agency
that
furnished report on you. You consent to the obtaining of such reports by
name of each Cardholder and contains a statement that yo
signing or otherwise submitting an application or solicitation.
than one) reject the Arbitration Provision of this Agreemen
You understand that we may report negative information (such as, late pay-
must be sent to us at Comenity Capital Bank, PO Box 182
ments, missed payments, or other defau its) about your Account to consumer
43218-2422. / A rejection notice is only effective if it sig
reporting agencies.
if more than one) and if we receive it within thirty (30)
You give us permission to provide information about your Account to con-
date we first provide you with credit card agreement or w
sumer reporting agencies and other creditors, as well as to the retailer whose
you right to reject this Arbitration Provision. Your reject
name appears on your Card.
Provision will not affect any other provision of this Agreer
Credit report disputes
obtain credit.
you believe the Account information we reported to consumer reporting agen-
is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
2. Parties Subject to Arbitration: Solely as used in this
182120
Columbus,
(and not this Agreement) the terms "we,"
Box
Ohio
Your written dispute must provide sufficient information to identify the Account
Comenity Capital Bank, any parent, subsidiary or affiliate
employees, officers and directors of such companies (the
and specify why the information is inaccurate:
(b) any other person or company that provides any servic
Account Information: Your name and Account number
this Agreement you assert Claim against such other per
Contact Information: Your address and telephone number
same time you assert Claim against any Bank Party.
Disputed Information: Identify the Account information disputed and ex-
3. Covered Claims: "Claim" means any claim. dispute
plain why you believe it inaccurate
you and that in any way arises from or relates this Ag
Supporting Documentation If available. provide copy of the section of the
the issuance of any Card, any rewards program, any prior
credit report showing the Account you are disputing
"Claim" includes disputes arising from actions or omiss
We will estigate the disputed information and report the results to you within
any Card was issued to you, including the advertising
30 days of receipt of the needed for our igation. If we find that
or approval of the Account 'Claim" has the broadest
the Account we reported is inaccurate, we promptly provide the
includes initial claims, claims and
essary correction to each consumer reporting agency to which we reported
includes disputes based upon contract tort consumer
the information
intentional torts. constitution statute, lation. ordina
Your Billing Rights: Keep This Document For Future Use
equity (including any claim for injunctive rel
This notice tells you about your rights and our responsibilities under the Fair
include disputes about the validity, enforceal lity, cover
Credit Billing Act
tration Provision or any part thereof (including, without limi
What To Do If You Find A Mistake On Your Statement
against class eedings, private attorney procee
party proceedings described Paragraph C.7 (the 'Class
If think an error on your statement, write to us at: Comenity Capital
last sentence of Paragraph C.1: and/or this sentenc
Bank, PO Box 182620 Columbus, Ohio 43218-2620
a court and not an arbitrator to decide However, any dis
In your letter, give us the following information:
the validity enforceability of the Agreement
Account information: Your name and account number.
arbitrator,
not
court,
to
decide.
Dollar amount: The dollar amount of the suspected error.
4. Starting an Arbitration: Arbitration may be elected by
Description of problem: If you think there is an error on your bill, describe
to any Claim, even that party has already initiated law
what you believe is wrong and why you believe it mistake.
different Claim. Arbitration is started by giving written
You
must
contact
us:
to the other party We will not demand to arbitrate an ind
Within 60 days after the error appeared on your statement.
bring against us in small claims court or your state's
At least 3 business days before an automated payment is scheduled, if you
if that Claim is transferred, removed or appealed to dit
want
to
stop
payment
on
the
amount
you
think
is
have the right to demand arbitration.
wrong.
You
must
notify
us
of
any
potential
errors
in
writing.
You
may
call
us,
but
if
5. Choosing the Administrator: "Administrator"
means
you
the
do we not required to investigate any potential errors and you may have to pay
Association "AAA") 1633 Broadway, 10th Floor. New
the
amount
in
question
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New Yo
What Will Happen After We Receive Your Letter
or any other company selected by mutual
When letter, must do two things:
ties. both AAA and JAMS cannot or will not serve and
select an by mutual consent, the
1. Within 30 days of receiving your letter. must tell you that we received your
letter.
We
also
tell
you
have
already
corrected
the
by court. The arbitrator will be appointed by the Admin
error.
2. Within 90 days of receiving your letter, we must either correct the error or
with the rules of the Administrator. However, the arbitrato
explain you why we believe the bill correct.
former judge or lawyer with least years of experience
While we investigate whether or not there has been an error:
Administrator you give us written notice of your selection
you are electing arbitrate any Claim within 20 days at
We cannot try to collect the amount in question or report you as delinquent
that we are electing arbitrate any Claim (or, if you dispu
on that amount
arbitration the Claim. within 20 days after that disput
The charge quest ion may remain on your statement and we may continue
you do not select the Administrator on time. may
to
charge
you
interest
on
that
amount.
any language in this Arbitration Provision to the contrary,
While you do not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arb
the remainder of your balance
istrator that has place a formal or informal policy that
We can apply any unpaid amount against your credit limit
Class
Action
Waiver.
After we finish our investigation. one of two things will happen
6. Court and Jury Trials Prohibited: Other Limitations on
If we made mistake You will not have to pay the amount in question or any
OR WE ELECT TO RBITRATE A CLAIM. YOU WILL NOT
interest or other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECID
If
we
do
not
believe
there
mistake
You
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS
question, along with applicable interest and fees We will send you state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THA
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
report you as delinquent you do not pay the amount think you owe
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE
If
you
receive
our
explanation
but
still
believe
your
bill
wrong
you
must
write
7. Prohibition Against Certain Proceedings: IF YOU OR
to us within 10 days telling us that you refuse to pay you do
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PART
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION
We must tell you the name anyone to whom we reported you as delinquent.
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YO
and must let those organizations know when the matter has been settled
between
AS A PRIVATE ATTORNEY GENERAL IN COURT OR
If we do not follow all of the rules above. you do not have to pay the first $50 of
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE
the amount you questi even your bill correct
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY o
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTH
If you dissatisfied with the goods or services that you have purchased with
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GEN
your
credit
card,
and
have
tried
in
good
faith
to
correct
the
problem
the
OR MULTIPLE-PARTY ARBITRATION.
merchant, you may have the right not to pay the remaining amount due on the
purchase.
8. Location and Costs of Arbitration: Any arbitration
he
To use this right, all of the following must be true:
must take place at location reasonably convenient to you
1. The purchase must have been made your home state or within 100
miles
all fees of the Administrator and/or the arbitrator if appli
of your current mailing address, and the purchase price must have been more
to. if you prevail in the arbitration or we must bear such
than
$50.
(Note:
Neither
of
these
if
Arbitration Provision to be enforced If you demand an
necessary
your
purchase
based
on
an advertisement we mailed to you, or if we own the company that sold you the
your reasonable attorneys and experts fees if you prevail
goods services.
fees in order for this Arbitration Provision to be enforced
2. You must have used your credit card for the purchase. Purchases made with
fees if applicable law requires us to.
cash advances from an ATM or with check that accesses your credit card ac-
9. Governing Law: This Arbitration Provision involves inte
count
do
not
qualify
is governed by the Federal Arbitration Act. 9 U.S.C.
3. You must not yet have fully paid for the purchase
not by any state arbitration law. The arbitrator must apply
If all of the criteria above are met and you are still dissat sfied with the purchase,
law with the FAA and applicable statutes of im
contact us writing at:
privilege recognized at law. The arbitrator may award any
Comenity Capital Bank
substantive law that would apply the action were pendir
PO Box 182620. Columbus Ohio 43218-2620
without limitation. punitive damages, which shall be gove
While we investigate, the same rules apply to the disputed amount as discussed
tional standards employed by the courts). At the timely
above
After
we
finish
our
investigation,
we
will
tell
you
our
At
that
the arbitrator must provide a brief written explanation of
point, we think you owe an amount and you do not pay, we may report you as
10. Right to Discovery: In addition to the parties right
delinquent
pursuant to the arbitration rules of the Administrator,
G. Optional products
a written request to the arbitrator to expand the scope of
lowable under the arbitration rules of the Administrator. Th
Credit insurance (as applicable)
discretion to grant or deny that request
Purchasing credit insura optional. If you do choose to carry credit insurance
11. Arbitration Result and Right of Appeal: Judgment
coverage, the premium charge be added to your Account as purchase on
award may be entered by any court havin jurisdiction
the last day of each billing period. You can cancel your coverage at any time.
is final and except for any right appeal provided
Account Assure Debt cancellation (as applicable)
amount of the Claim exceeds $50 000 or involves
Purchasing Account Assure is optional
or declaratory that could foreseeably cost or
xceeding $50,000, any party can, within 30 days after
Your decision whether or not to purchase Account Assure won't affect your
by the arbitrator appeal the award to three-arbitrator pan
application for credit or the terms of any existing credit agreement you have
Administrat The panel shall anew any aspec
with
requested by the appealir party. The decision of the pane
The monthly fee for Account Assure is based on the outstanding monthly
vote. Reference in this Arbitration Provision to 'the arbit
balance on your Account each month and will be added to your Statement
panel an appeal of the arbitrator's decision has been tak
We provide additional information before you required to pay for Ac-
appeal will be borne in accordance with Paragraph C.8
count Assure. This will include copy of the terms and conditions pertain-
12. Rules of Interpretation: This Arbitration Provision sh
ing to Account Assure
ment of all amounts owed under this Agreement, the closir
You can cancel your Account Assure at any time.
legal proceeding and any bankruptcy to the extent consi
There are eligibility requirements conditions. and exclusions that could
bankruptcy law. In the event of conflict inconsistency
pre-
vent you from receiving benefits under Account Assure
tion Provision on the one hand, and the applicable arbitra
provisions of this Agreement, on the other hand, this Arbit
Be sure to carefully read the Addendum for full explanation of the terms
of Account Assure.
govern. This Arbitration Provision replaces any Prior Arbit
13. Severability: If any portion of this Arbitration Provision
H. Communicating with us
Action Waiver, deemed invalid or unenforceable. the rer
Communicating to you about your Account
nevertheless remain in force. determination is made
If we need to contact you to service your Account or to collect amounts you owe
Waiver unenforceable. only this sentence of the Arbitrat
main in force and the remaining provisions shall null
to us you give direct consent to us as well servicers, agents, contractors and
the determination concerning the Class Action Waiver shal
collectors of your Account, to communicate with you in any way, such as calling,
texting,
or
electronic
mail
via:
14. Special Payment: If (1) you submit a Claim Notic
1)
al cell, landline, or text number you provide, use to contact us, or at which
Paragraph above on your own behalf (and not on beha
we believe can reach you (even if is not yours),
(2) we refuse to provide you with the relief you request
2)
any electronic mail address you provide to us one of our merchants,
subsequently determines that you entitled to such
3)
automated dialer systems and automatic telephone dialing systems,
the arbitrator shall award you at least $5,100 (plus any fe
4)
pre-recorded or artificial voice messages and other forms of communica-
you are entitled).
tions.
You also agree that these communications aren't unsolicited for purposes of any
comenity
Comenity Capital Bank, Salt Lake Ci
state or federal law, 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 calls between you and
us
Please inform all authorized cardholders of this provision including anyone
acting on your behalf or making payments on this Account
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 22.74%.
(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 26 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