Your True Value Credit Card account agreement.
344861019 (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
about using and managing your account including a Privacy
charges, close your Account require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
use of the account, or failure to close the account within the
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
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 credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to us immediately at PO Box 183003 Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 432 18-3003 or us at 1-855 835-8427 (TDD/TTY:
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may, however, be liable for unauthorized use that occurs before your notice to us.
In any case, your liability will not exceed $50
If you do not reject this Arbitration Provision, it will be part
of this Agreement and will:
C. Learning more about your account
Credit Plans
o Eliminate your right to a trial by jury; and
o
Substantially affect your rights, including your right
Your Account may consist of non-promotional ("Regular Revolving" Credit
to
bring, join in or participate in class proceedings.
Plan and one or more promotional Credit Plans. Credit Plans offered and
their particular features (including but not limited to minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records
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.
Financial terms of your account: An at -a-glance summary of the fees and charges
If promotional Credit Plan offered at the time you open your Account,
associated
with
your
account
this Agreement will include information about the terms for the Plan. by use
A. Getting started: the basics of your account
of an insert. attachment, or other written information provide as part of this
Agreement
B. Keeping your account in good standing avoiding default, and what to do if
your card is lost or stolen, applicable
Normal late fees. returned payment fees and all other provisions apply to
C.
any promotional Credit Plan, unless inconsistent with particular Credit
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
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
Promotional Credit Plans may include:
changes
to
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 reporting agencies and what to do you think
o Waive Interest, Low Payment
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 case of emergencies
H.
At our discretion, we may allow you to skip making the Minimum Payment
Communicating with us: what happens when you contact us
Finance Charges will be sessed during the kip-payment period, but late
I. Arbitration and jury trial waiver: how we'll resolve disagreements, including
fee won't be imposed This will not be considered a waiver of any of the
jury trial waiver and Arbitration provision
rights granted by this Agreement.
Privacy statement: how we 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 you can make.
Credit limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any
time.
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
If you do exceed your Credit Limit. we can still charge you for all transac
Annual Percentage
25.99%
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.
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 26 days after
you owe us.
We may cancel your Account at any time, for any reason
How to Avoid
the close of each billing cycle. We will
not charge you interest on purchases if
We may refuse to authorize any purcha on your Account. We may also
Paying Interest
suspend your Account and your right to use your Card, including each Card
you pay your entire balance by the due
you
give
to
others
date each month.
We may stop offering any Credit Plan at any time, for any reason
Minimum Interest
Cancellation or nsion of your Account doesn't negate your obligation to
If you are charged interest, the charge
pay
any
amount
you
owe
us.
Charge
will be no less than $2.00 per credit
Cance of your Account includes each Card you give to others.
plan
Minimum Payment
For Credit
To learn more about factors to consider
You can pay all of your Account balance at any time without
penalty.
Card Tips from
when applying for or using a credit
You must pay at least the Total Minimum Payment for each billing period by
the Consumer
card, visit the website of the Consumer
the
Payment
Due
Date
shown
on
your
Statement
Financial
Financial Protection Bureau at http://
The Minimum Payment the total the minimum payments for the Regu-
Protection Bureau
www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00. If your Account
Fees
balance less than $25.00, you must pay the amount indicated on your
Statement full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Penalty Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Late Payment
Up to $35
Plans will be the greater of:
Returned Payment
Up to $35
$5.00 or
(b) 5% (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown
on
your
for
that
Credit
Plan.
"daily balance.' See your Account agreement for more details.
o
The minimum for the Waive Interest, Equal Payment and De-
fer Interest Equal Payment Credit Plans be the amount of the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number of months between the date of the pur-
and how to exercise those rights is provided in your account
chase and the promotional period end date (minimum $5.00) rounded
agreement.
up
to
the
nearest
$1.00.
o
The payment 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 of purchase through the
end of the promotional period divided by the number of months be-
Add Index
APR
Daily Periodic Rate
tween the date the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00.
Purchase APR
22.74%
99%
o
0.07120%
The minimum payment for the Waive Interest, Low Payment and Defer
Interest, Low Payment Credit Plans will be the greater of:
We'll charge you min imum interest charge of $2.00 per credit plan for any
(a) $5.00
billing period in which interest is due. For additional information, see Rates in
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Section D.
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment application
The amount you must pay each billing period ("Total Minimum Payment" is the
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-
mum Payment however see fit. which may result in balances subject to
purchases plus any Past Due amounts. The Total Minimum Payment won't be
less
than
$25.00.
If
your
lower interest rates being paid prior to other balances. This may also result
Account
balance
less
than
$25.00
must
pay
the
in
higher
interest
charges
amount indicated on your billing statement ("Statement") in full. The minimum
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
will be allocated to your Account as required by law.
(a)
$5.00
(b) 5% the New Balance shown on your Statement for that
Excess payments received before deferred interest promot expires are
Credit Plan (rounded up to the nearest $1.00).
applied to the deferred interest romotional balance first in the last two bill-
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
payment calculations
D. Interest, fees and charges
The APR information described below is accurate as of March 1. 2014. Due to
Interest charges
a change the index, this information may changed. To find out more, call
If you make purchase under a Regular Revolving Credit Plan, interest
us at 1-855-835-8427 (TDD/TTY: 1-888-819-1918). or write us at Comenity
charges won't be imposed in any billing period in which Previous Bal-
Capital Bank PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
at creditcard .truevalue.
Date. equal or exceed the Previous Balance.
A. Getting Started
If the New Balance shown on your Statement isn't paid in full by the
Definitions
Payment Due Date shown on your last Statement there will be an interest
charge on each purchase from the date of purchase
In this Agreement, "We. "Us" and "Our" mean Comenity Capital Bank. "You'
and "Your' mean each person who submits an application solicitation for
If you make purchase under any Waive Interest Credit Plan, won't
an
Account
with
charge interest on the purchase you pay the total purchase amount be-
us.
"Account"
your
credit
card
account
with
us.
"Card"
means each credit card we issue for your Account as applicable "Credit Plan"
fore the end of the promotional period. you don't pay the total purchase
means one or more payment program options True Value may ask us to offer from
amount the end of the promotional period, we' add remaining
time time
amount to your Regular balance. We'll also begin charging inter-
est the purchase from the first day after the promotional period ends
Upholding your Agreement
purchase under any Defer Interest Promotional Credit Plan
You agree to the terms of this Agreement. and promise to do everything
and don't pay the total amount before the end of the promotional period,
required of you If you sign submit an application solicitation to obtain
add the remaining purchase amount and the amount of accrued inter-
credit from us, you'll be legally bound by this Agreement You're also legally
est to your Regular Revolving balance.
bound you sign charge slip, or permit someone else to use the credit
you make a purchase under Low APR, Equal Payment Credit Plan
provided
interest will be assessed from the date of purchase through the end of the
You agree that the credit extended under your Account will be used only for
promotional period.
personal, family or household purposes and not for business or commercial
How calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using 'Daily Balance' to
the Account is joint Account, you and the joint Account ho der will be
determine interest charges for each billing period. Our calculation method is as
bound this Agreement Each of you will be jointly and individually respon-
follows:
sible for repaying all amounts due If more than one person is responsible
for this Account, we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees)
tions one of you.
Any authorized user of your Account will be bound by the terms of this
We subtract any payments credit adjustments (treating any net credit
Agreement. One additional Card may be issued with the individual name of
balance as balance) and add new transactions and debit adjustments
an authorized user embossed on the Card. you want to revoke the of
posted as of that day. This gives the "Partial Daily Balance for the day.
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your Account by an authorized user, either write us at the address or call us
at
the
phone
Rate. This gives the "Daily Interest Charge" for the day, which we add to
number
shown
on
your
Statement.
the day's Partial Daily Balance
You agree pay for all transactions made on your Account by an authorized
user whether or not such transactions were authorized by you or made for
We've now determined the "Daily Balance, which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
charges
Card signature (as applicable)
At the end of each billing period, we add together each Credit Plan's Daily
For your own protection please sign your Card before using t. Keep in mind that
Interest Charge, which gives the total interest charge.
signature on the Card isn't a prerequisite to your obl igation to pay amounts
Your Statement will show Balance Subject to Interest Rate, which is the
incurred on your Account.
sum of the Daily Balances for each day in the billing period divided by the
Using your Account
total number of days.
Your Account may be used to make purchases from True Value and other
Rates
retailers we may determine occasionally notifying you via electronic mail,
The Index in effect for each billing period will be the highest "Prime Rate"
atement website posting, other method
of interest as published in the "Money Rates' section The Wall Street
We reserve the right to not honor transactions related to, including, but not
Journal for the calendar month preceding the month which the billing pe-
limited to. gambling, ATM usage at casinos, and illegal activities.
begins, rounded upward if necessary, to the nearest .001% ("Index"
Making payments
Any variable APR may increase if the Index increases
Pay your Account by sending check, money order, or cashier's check pay
An increase or decrease the APR will result corresponding increase
able in U.S. dollars to the name and address shown on your Statement
or decrease in the amount of interest and may increase the Total Minimum
specified for payments Please don't send cash
Payment.
Be sure to include your payment stub, do not staple your payment to the
Other fees and charges
stub, use the envelope provided with your Statement and don't send any
You agree to pay the following fees and charges:
correspondence
with
your
payment
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn't meet these requirements, it may not be credited to
ment Due Date, we will charge you late fee.
your Account for up to five days, or may be rejected
o
The fee $25.00 you were not charged late fee during any of the
All written communications concerning disputed amounts, including
any
six billing periods
check other payment instrument marked with 'payment in full" or similar
0
Otherwise. the fee $35.00.
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
0
This fee will never exceed the minimum payment due that was due
Antonio, Texas 78247-5004.
immediately prior to the date on which the fee was assessed
0 We may accept payment sent to any other address without losing any
Returned Payment Fee We may charge you fee for each payment that your
rights.
bank
doesn'
honor
for
any
reason
0
No payment shall operate as an accord and satisfaction without our
O The fee $25.00 were not charged a returned payment fee dur-
prior written approval.
ing any of the prior six billing periods.
B. Keeping your account in good standing
o
the fee $35.0
Avoiding default
o
This fee will never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
immediately prior to the date on which the assessed.
Fail make any payment when
Although we may decide to do so, we aren't required to attempt to collect a
payment
than
Violate any provision of this Agreement
once
Pass
away
Document Fees we provide 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 illing 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 unwilling to perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
O
Statement copy $6.00
Fail to supply us with any information we deem necessary
o
Default under any other loan or agreement you have with us or any of our
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
Exceed your Credit Limit
ods that allow you to make individual. expedited payments to your Account
Issue payment returned unpaid by your bank for any reason
over the phone. you choose use this payment method, we may assess
the current fee we charge for this service. subject to any limitations of ap-
plicable law. Currently that fee up $15.00 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
If you are married, please contact us immediately upon receipt of this Agre
To the extent not prohibited by appl icable law, you agree to pay the reasonable
at 1-855-835-8427 (TDD/TTY 1-888-819-1918) and provide us with the
costs for collecting amounts due including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that we
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 Comenity Capital
cable law, we will give you advance written notice of the change(s) and a right to
should be sent to the following address Comenity Capital Bank, Bankr
reject the change(s)
Department, PO Box 183043, Columbus, Ohio 43218-3043.
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 at any time in the future and in all accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGH
such goods. We waive any security interest we may have in your principal dwell
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR REL
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
WAIVER
SHALL
NOT
AFFECT
Changes
to
your
information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WA
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WA
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW
Prior to bringing lawsuit or initiating an arbitration that asserts claim
THIS LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
ing out of related to this Agreement (as further defined below. "Clai
MITTED OR REQUIRED BY APPLICABLE LAW.
the
party
asserting
the
Claim
(the
"Claimant
shall
give
the
other
party
Transfer of
"Defendant") written notice of the Claim (a "Claim Notice") and reason
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity, not less than 30 days to resolve the Claim. Any Claim Notice to
or otherwise, but your obligations will be binding upon your estate or personal
shall
be
sent
in
writing
to
the
address
we
in
our
records
(or
any
upo
representatives
We
may
transfer
or
assign
your
Account
and/or
this
Agreement
address subsequently provide to us) Any Claim Notice to shall be
or any of our rights under this Agreement, to another person or entity at any time
mail to Comenity Capital Bank, PO Box 182436, Columbus Ohio 43218-
without prior notice to you or your consent
(or
any
updated
address
provide).
Any
Claim
Notice
you
No Waiver of Rights
must provide your name address and Account number. Any Claim Notice
We can delay enforcing our rights under this Agreement without losing them.
explain
the
nature
of
the
Claim
and
the
relief
that
demande
may
Severability
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
of
any
other
If any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer you have personally retained, may sub
will considered to be modified to conform with applicable law.
Claim Notice on your behalf The Claimant must reasonably cooperate pr
Notice to New Jersey Residents
ing information about the Claim that the other party reasonably request
All provisions of this agreement are valid, enforceable and applicable in New
C. Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT RE
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE SUBS
Credit Reports
TIAL
IMPACT
ON
THE
WAY
YOU
OR
WE
WILL
RESOLVE
ANY
CLAIM
W
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
You agree that credit report may be requested connection with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
processing your credit application. A report may also be requested in
prior arbitration agreement between you and us ("Prior Arbitration Agreeme
connection
with
credit
extension.
credit
limit
request,
Account
to
apply,
you
may
reject
it
by
mailing
us
written
rejection
notice
which
give
update, Account collect ion action. or dispute investigation. Upon request.
name of each Cardholder and contains statemen that you (both of you, if
you the and address of any consumer report ing agency that
than one) reject the Arbitration Provision of this Agreem The rejection n
furnished report on you. You consent to the obtaining of such reports by
must to at Comenity Capital Bank. PO Box 182422 Columbus,
signing otherwise submitting application solicitati
43218-2422. rejection notice only effective it signed by (all of
You understand that may report negative information (such as late
pay-
if
more
than
one)
and
receive
it
within
thirty
(30)
calendar
days
afte
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement or written notice prov
reporting agencies
you right to reject this Arbitration Provision Your rejection of this Arbitr
You give permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your abili
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain credit.
name appears on your Card.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Prov
Credit report disputes
(and not elsewhere in this Agreement) the terms "we." "our" mea
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and
inaccurate. you may submit direct dispute to Comenity Capital Bank, PO
employees,
officers
and
directors
of
such
companies
(the
"Bank
Parties"
Box 182120, Columbus, Ohio 43218-2120.
(b) any other person company that provides any services connection
Your written dispute must sufficient information to identify the Account
this Agreement you assert Claim against such other person or company a
and specify why the
same time assert Clain again any Bank Party.
Account Information Your name and Account number
3.
Covered
Claims:
"Claim"
means
any
claim,
dispute
or
controversy
bet
Contact Information: Your address and telephone number
you and any way arises from relates to this Agreement, the Acc
Disputed Information Identify the Account information disputed and ex-
the
of
any
Card,
any
rewards
program,
any
prior
plain
why
you
believe
inaccurate
"Claim" includes disputes arising fron actions or omissions prior to the
Supporting Documentation: available provide copy of the section of the
any Card issued to you including the advertising related to,
credit report showing the Account information you are disputing
or approval of the Account. "Claim' has the broadest possible meaning
We will investigate the disputed information and report the results to you within
includes initial claims, counterclaims cross-claims and third party clain
30
days
of
receipt
of
the
needed
for
our
investigation
we
find
that
includes
disputes
based
upon
contract,
tort,
consumer
rights,
fraud
and
the Account information we reported IS inaccurate. we will promptly provide the
intentional torts, constitution statute. regulation ordinance. common law
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
declaratory
relief)
"Claim"
doe
the
information.
include disputes about the validity, enforceability, coverage or scope of this
Your Billing Rights: Keep This Document For Future Use
tration Provision any part thereof (including, without limitation the prohib
This notice tells you about your rights and our responsibilities under the Fair
against
class
proceedings,
private
attorney
general
proceedings
and/or
mu
Credit
Billing
Act
party
proceedings
described
in
Paragraph
(the
"Class
Action
Waiver
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph C.13 and/or this sentence): al such disputes ar
error on your write to us at: Comenity Capital
court
and
not
an
arbitrator
to
decide
However,
any
dispute
or
argument
Bank, PO Box 182620, Columbus, Ohio 43218-2620
the validity or enforceability of the Agreement as whole is fo
In your letter, us the following information:
arbitrator, not court to decide.
Account information: Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with res
Dollar amount: The dollar amount of the suspected error.
any Claim, even that party has already initiated lawsuit with respect
Description of problem If you think there an error on your bill, describe
different Claim Arbitration is started by giving written demand for arbitr
what you believe wrong and why you believe it is mistake.
to the other party. not demand to arbitrate an individual Claim that
You
must
contact
bring against small claims court or your state's equivalent court if any
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to different court, we
At least business days before an automated payment is scheduled, if
you
have the right to demand arbitration.
want to stop payment on the amount you think is wrong
5. Choosing the Administrator: "Administrator" means the American Arbitr
You must notify us of any potential errors in writing. You may call us, but if
you
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019,
not required to investigate any potential errors and you may have to pay
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,
the
amount
in
question
.com;
or
any
other
company
selected
by
mutual
agreement
of
the
What Will Happen After We Receive Your Letter
ties. If both AAA and JAMS cannot or will not serve and the parties un
letter, we do two things
to select an Administrator by mutual consent the Administrator will sele
Within 30 days letter. must tel you that we received your
by court. The arbitrator will be appointed by the Administrator accord
letter. also tell we have already corrected the error.
with
the
rules
of
the
However
the
arbitrator
must
be
retire
2 Within 90 days receiving your letter, must either correct the error or
former judge or with at least 10 years experience selec
explain to you why we believe the correct.
Administrator
you
give
us
notice
of
your
selection
with
your
notice
While investigate whether or not there has been an error:
you are electir to arbitrate any Claim within 20 days after we give you
We cannot try to collect the amount in question or report you as delinquent
that are electing arbitrate any Claim (or, you dispute our right re
on that amount
arbitration of the Claim, within 20 days after that dispute is finally resol
The charge question may remain on your statement, and we may continue
If you do not select the Administrator on time, may it Notwithstar
to
charge
you
interest
on
that
amount.
any
language
in
this
Arbitration
Provision
to
the
contrary
no
arbitrat
ma
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 itration by any Ad
the remainder of your balance
istrator that has place a formal or informal policy that is inconsistent wit
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
Legal
Rights
IF
If we made mistakes You will not have to pay the amount in question or any
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE RIGH
interest
or
other
fees
related
to
that
amount.
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. A
If
we
do
not
believe
there
was
mistake
You
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED II
questic
along
with
applicable
and
fees.
We
will
send
you
state-
ARBITRATION THAN IN LAWSUIT. OTHER RIGHTS THAT YOU WOULD H
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION
report you delinquent if you pay the amount we think owe
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
WE
ELECT
TO
A
If
you
receive
our
explanation
but
still
believe
your
bill
is
wrong,
you
must
write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN CL
to us within 10 days telling us that you still refuse to pay. you do so, we cannot
ACTION
IN
COURT
OR
IN
CLASS-WIDE
ARBITRATION,
EITHER
AS
PL
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY
We must tell you the name of anyone whom we reported you as delinquent
AS
A
PRIVATE
ATTORNEY
GENERAL
IN
COURT
OR
IN
ARBITRATION
and must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONS
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON;
not follow all of the rules above, you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO COND
the amount you question even your bil correct
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL ARBITRA
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION
If you are dissatisfied with the goods or services that you have purchased with
8. Location and Costs of Arbitration: Any arbitration hearing that you at
your
credit
card,
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
must
take
place
location
reasonably
convenient
to
you.
We
will
any
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator applicable law require
purchase.
to,
you
prevail
in
the
arbitration
or
we
must
bear
such
fees
in
order
for
To use this right, all of the following must be true:
Arbitration Provision to be enforced If you demand an arbitration. wil
The purchase must have been made in your home state or within 100 miles
your reasonable attorneys and experts' fees if you prevail or we must bear
of your current mailing and the purchase price must have been more
fees in order for this Arbitration Provision to be enforced. Also, we will bear
than $50. (Note: Neither of these are necessary if your purchase based
fees
if
applicable
law
requires
us
to.
advertisement we mailed to you, or if we own the company that sold you the
9. Governing This Arbitration Provision involves interstate commerce
goods
services.)
governed
by
the
Federal
Act
9
U.S.C
§§
16
(the
"FAA"
2.
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
not by any state law. The arbitrator must apply applicable substal
cash advances from an ATM or with check that accesses your credit card ac-
with the FAA and applicable statutes of imitations and clair
count
do
not
qualify.
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
provided
b
You must not yet have fully paid for the purchase
substantive law that would apply the action were pending in court (include
the criteria above are met and you are still dissatisfied with the purchase,
without
limitation,
punitive
damages
which
shall
be
governed
by
the
Cons
contact
us
writing
at
tional standards employed by the courts) At the timely request of either
Comenity Capital Bank
the
arbitrator
must
provide
brief
written
explanation
the
basis
for
the
av
PO Box 182620, Columbus, Ohio 43218-2620
10 Right to Discovery: In addition to the parties' rights to obtain
While we investigate, the same rules apply to the disputed amount as discussed
pursuant
to
the
rules
of
the
Administrator.
either
party
may
su
above After we finish our investigation, we will tell you our decision. At that
written request to the arbitrator to expand the scope of discovery
point, we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules of the Administrator The arbitrator shal
discretion
to
grant
deny
that
request
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitra
award may be entered by any court having jurisdiction. The arbitrator's dec
Credit insurance (as applicable)
is
final
and
binding,
except
for
any
right
of
appeal
provided
by
the
FAA
How
Purchasing credit insurance is optional. If you do choose to carry credit insurance
if the amount of the Claim $50.0 involves request for injun
coverage,
the
premium
charge
will
be
added
to
your
Account
as
purchase
on
or
declaratory
could
foreseeably
involve
cost
benefit
either
the last day of each billing period. You can cancel your coverage at any time.
ceeding $50 ,000, any party can, within 30 days after the entry of the
Account Assure Debt cancellation (as applicable)
by the arbitrator appeal the award to three-arbitrator panel administered
b
Purchasing Account Assure is optional.
Administrator. The panel shall reconsider anew any aspect of initial
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by ma
application for credit or the terms of any existing credit agreement you have
vote.
Reference
in
this
Arbitration
Provision
to
"the
arbitrator'
mean
with
panel an appeal of the arbitrator's decision has been taken. The costs of
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
appeal will be borne in accordance with Paragraph C.8 above.
balance your Account each month and will be added Statement.
12. Rules of Interpretation: This Provision shall survive
the
r
We'll
provide
additional
information
before
you're
required
to
pay
for
Ac
ment
all
amounts
owed
under
this
Agreement,
the
closing
of
the
count Assure. This will include copy of the terms and conditions pertain-
legal proceeding and bankruptcy to the extent consistent with applio
ing Account Assure
bankruptcy
law
In
the
event
of
conflict
or
inconsistency
between
this
Art
You can cancel your Account Assure at any time
tion Provision. the one hand, and the applicable arbitration rules the
There
are
eligibility
requirements
onditions,
and
exclusions
that
could
pre-
provisions
of
this
Agreement,
on
the
other
hand,
this
Arbitration
Provision
vent you from receiving benefits under Account Assure
govern. This Arbitration Provision replaces any Prior Arbitration
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitratic other than the
of
Account
Assure.
Action Waiver, invalio or unenforceable, the remainir portions
H. Communicating with us
remain
in
force
a
determination
IS
made
that
the
Class
A
Communicating to you about your Account
Waiver only this sentence of the Arbitration Agreement wi
main in force and the remaining provisions shall be null and void, provided
If we need to contact you to service your Account or to collect amounts you owe
the
concerning
the
Class
Action
Waiver
shall
be
subject
to
to
us
direct
and
ap
give
to
us,
well
agents,
14. Special Payment: (1) you submit a Claim Notice in accordance
collectors your Account, to communicate with you in any way, such as calling
Paragraph
B
above
on
your
own
behalf
(and
on
behalf
of
other
p
texting,
or
electronic
via:
(2) we refuse provide you with the relief you request; and (3) arbit
1)
cell. landline, text number you provide, use to contact us, or at which
subsequently
determines
that
you
were
entitled
to
such
relief
(or
greater
we believe can reach you (even not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs to w
2)
any electronic mail address you provide to US one of our merchants,
you are entitled).
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
comenity
Comenity Capital Bank, Salt Lake City, UT
tions.
You also agree that these communications aren't unsolicited for purposes of any
344861019 (03
state federal law and you understand that this may result in additional mobile,
text message, 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
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