Your Credit Connect Credit account agreement.
ABBCCA0414
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about using and managing your account, including a Privacy
If you notice the loss or theft of your credit card or a possible unauthorized
use
Statement and information concerning your billing rights. Your
of your card you should write to us immediately at PO Box 183003 Columbus
use of the account, or failure to close the account within the
Ohio 43218 3003 or call us at 1-855-703-4524 (TDD/TTY 1-888 819-1918)
30 days of receiving this document, indicates your acceptance
You will not be liable for any unauthorized that occurs after notify us. You
of the terms of this agreement, including the assessment of any
may, however be liable for unauthorized use that occurs before your notice to us
In
any
case.
liability
will
not
exceed
$50.
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of a dispute.
Your Account may consist of non promotional ("Regular Revolving" Credit
You have a right to reject this Arbitration Provision.
Plan and one or more promotional Credit Plans Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particular features (including but not limited to minimum purchase
of this Agreement and will:
uirements and minimum payment) may vary occasionally at our discretion
and include or more Regular Revolving or promotional Credit Plans.
o Eliminate your right to a trial by jury; and
We may offer different promotional Credit Plans from time to time.
o
Substantially affect your rights, including your right to
promotional Credit Plan offered at the time you open your Account,
bring, join in or participate in class proceedings.
this Agreement will include information about the terms for the Plan by use
Please read each section carefully and keep this document for
of an insert, attachment, or other written information provided as part of this
your records
Agreement.
In the following sections, you will find information on:
Normal late fees, returned payment fees and all other provisions apply to
any promotional Credit Plan, unless inconsistent with a particular Credit
Financial terms of your account: An at- -glance summary of the fees and charges
Plan offering.
associated with your account
If the promotional Credit Plan purchase isn' paid in full before the promo
A. Getting started: the basics of your account
tional period ends, the balance will be transferred to your Regular Revolving
B.
Keeping your account in good standing: avoiding default, and what to do
balance.
if
your
card
is
lost
or
stolen,
applicable
Promotional Credit Plans may include:
C.
Learning more about your account credit plans, and credit limits, and how
o Waive Interest, Payment Required
o Defer Interest. Payment Required
payments are calculated and applied
o Waive Interest. Equal Payment
Defer Interest. Low Payment
D.
Interest fees and charges: when and how fees and costs are applied to your
o Waive Interest, Low Payment
Low APR. Equal Payment
account
o Defer Interest, Equal Payment
o Budget Payment
E.
Other important information: legal rights, costs, and how we'll handle
Skip-payment option
changes
your
At our discretion, we may allow you to skip making the Minimum Payment
F.
Disputes and reporting to consumer reporting agencies: data we provide
Finance Charges will be assessed during the skip -payment period, but late
there
and from reporti agencies. and what to do if you think
fee won't imposed. This will not be considered a waiver of any of the
error
on
rights
periodic
statement
granted
by
this
Agreement.
your
G. Optional products: how protect your account from fraud or theft, and
All other terms of your Account apply during the skip-payment period.
Credit limit
that can help pay your debt in case of emergencies
H.
Communicating with us: what happens when you contact us
Your Credit Limit is the total maximum amount we permit you to owe us at
I.
any time
Arbitration and jury trial waiver: how we' resolve disagreements, including
jury trial waiver and Arbitration provision
You may not exceed any Credit Limit that we set for your Account
Privacy statement how we collect, use, share, and protect your personal informa-
If you do exceed your Credit Limit, can still charge you for all transac-
tion; and the privacy choices you can make
tions, interest and other charges without giving up any of our rights under
this Agreement.
Financial terms of your account
We may change your Credit Limit at any time.
Account cancellation
Interest Rates and Interest Charges
You may cancel your Account. You're still obligated to pay the full amount
Annual
you
owe
us.
Percentage
29.99%
We may cancel your Account at any time for any reason
Rate (APR) for
We may refuse to authorize any purchase on your Account. We may also
Purchases
suspend your Account and your right to use your Card, including each Card
you
give
others.
We may stop offering any Credit Plan at any time. for any reason
Your due date is at least 25 days after the
ellation suspension of your Account doesn't negate your obligation to
How to Avoid
close of each billing cycle. We will not
pay any amount you owe us
Paying Interest
charge you interest on purchases if you
llation of your Account includes each Card you give to others.
pay your entire balance by the due date
Minimum Payment
each month.
You can pay all of your Account balance at any time without
penalty.
Minimum Interest
If you are charged interest, the charge will
must pay at least the Total Minimum Payment for each billing period by
Charge
be no less than $2. per credit plan
the Payment Due Date shown on your Statement
For Credit
The Minimum Payment the total of the minimum payments for the Regu-
To learn more about factors to consider
lar Revolving and promotional Credit Plans plus any Past Due amounts
Card Tips from
when applying for or using a credit
The Total Minimum Payment won't be less than $25.00 your Account
the Consumer
card, visit the website of the Consumer
balance is less than $25.00, you must pay the amount indicated on your
Financial
Statement full
Financial Protection Bureau at http://
Protection Bureau
The minimum payment for each Credit Plan is calculated as follows
www.consumerfinance.gov/learnmore
o
The minimum payments for Regular Revolving Credit Plans, Waive
In
terest, Payment Required and Defer Interest, Payment Required Credit
Fees
Plans will be the greater of:
(a) $5.00
Annual Fee
None
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
Penalty Fees
shown on Statement for that Credit Plan.
0
Late Payment
The minimum payment for the Waive Interest Equal Payment and De-
Up to $35.00
fer Interest. Equal Payment Credit Plans will be the amount the pur-
Returned Payment Up to $35.00
chase divided by the number of months between the date of the pur-
chase and the promotional period end date (minimu $5.00) rounded
How We Will Calculate Your Balance: We use a method called
up
to the nearest $1.00.
o
"daily balance. See your Account agreement for more details.
The minimum payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Billing Rights: Information on your rights to dispute transactions
charges that be assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
and how to exercise those rights is provided in your account
tween the date of the purchase and the promotional period end date
agreement.
(minimum $5.00) rounded up to the nearest 1.00.
o
The minimum payment for the Waive Interest Low Payment and Defer
Rate Information: The following chart provides details on your rate as of May 1.
Interest. Low Payment Credit Plans will be the greater of:
(a)
$5.00
2014. We divide the APR by 365 to determine the daily periodic rate.
1.0% (rounded up to the nearest .00) of the New Balance
APR
shown on your Statement for that Credit Plan.
Daily Periodic Rate
Payment application
Purchase APR
29.99%
0 .08216%
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
We'll charge you minimum interest charge of $2.00 per credit plan for any bill-
lower interest rates being paid prior to other balances. This may also result
ing period in which interest is due.
in
higher
interest
charges
Any payment you make in excess of the required Total Minimum Payment
Minimum Payment:
will be allocated to your Account as required by applicable law
The amount you must pay each bil ing period ("Total Minimum Payment") is the
Excess payments received before deferred interest promotion expires are
total
of
minimum
payments
for
Regular
Revolving
applied to the deferred interest promotional balance first in the last two bill-
and
promotional
Credit
Plan
purchases plus any Past Due amounts. The Total Minimum Payment won't be
periods of the promotional period.
less
than
$25.00.
If
your
D. Interest, fees and charges
Account
balance
less
than
$25.00
you
must
pay
the
amount indicated on your billing statement "Statement" in full. The minimum
Interest charges
payment due for each Regular Revolving Credit Plan will be the greater of:
If you make a purchase under a Regular Revolving Credit Plan, interest
(a)
$5.00;
or
charges won't be imposed in any billing period in which no Previous Bal
(b) 3.5% of the New Balance shown on your Statement for that
ance exists or (ii) payments received and credits issued by the Payment Due
Credit Plan (rounded up to the nearest $1.00).
Date. equal or exceed the Previous Balance
See
Minimum Payment in Section below for promotional credit plan minimum
If the New Balance shown on your last Statement isn't paid in full by the
payment calculations.
Payment Due Date shown on your last Statement, there will be an interest
The APR information described below is accurate as of May 1 2014. To find out
charge on each purchase from the date purchase.
more, call 1-855-703-4524 (TDD/TTY: 1-888-819 -1918). or write us
If you make purchase under any Waive Interest Credit Plan.
won't
Comenity Capital PO Box 183003, Columbus, Ohio 43218-300 or visit
charge interest on the purchase you pay the total purchase amount be
our
website
menity.net/creditconnect.
fore the end of the promotional period you don't pay the total purchase
A. Getting Started
amount
before
the
end
of
the
promotional
period,
remaining
Definitions
amount your Regular Revolving balance We'll also begin charging inter-
In this Agreement, "We, 'Us' and "Our" mean Comenity Capital Bank "You'
est the purchase from the first day after the promotional period ends
and "Your" mean each person who submits application or solicitation an
If you make purchase under any Defer Interest Promotional Credit Plan
Account
with
us.
"Account"
means
your
credit
account
with
'Card"
and don't pay the total amount before the end of the promotional period,
each credit card we for your Account as applicable. "Credit Plan" means
we'l add the remaining purchase amount and the amount of accrued inter-
est
to
your
Regular
one or more payment program options Abbey Carpet/Floors to Go may ask us to
Revolving
balance.
offer
from
time
to
time
If 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
promotional
period.
You agree to the terms of this Agreement, and promise to do everything
How we calculate Interest Charges on your Account
required sign submit an application solicitation to obtain
credit from you'l be legally bound by this Agreement. You' also legally
We calculate interest separately for each Credit Plan, using "Daily Balance" to
bound if you sign charge slip, or permit someone else to use the credit
determine interest charges for each billing period. Our calculation method is as
follows:
provided.
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)
urpose
We subtract any payments credit adjustments (treating any net credit
the Account is joint Account, you and the joint Account holder will be
balance as zero balance) and add new transaction and debit
bound by this Agreement Each of you will be jointly and individually
posted as of that day This gives the "Partial Daily alance" for the day.
sible for repaying all amounts due. If more than one person 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 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
with
the
individual
balance for the following day. This results in daily compounding of interest
name
an authorized user embossed on the Card you want to revoke the use of
charges.
you Account by an 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 the total interest charge
You agree to pay for all transact ons 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)
Other fees and charges
For your own protection please sign your Card before using it. Keep in mind that
You agree pay the following fees and charges:
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Late Fee you don't pay at least the Minimum Payment Due
by
the
Pay-
incurred your Account.
ment Due Date. will you late
Using
your
Account
o
The fee $25.00 you were not charged late fee during any of the
billing periods
Your Account may be used to make purchases from Abbey Carpet/Floors to
o
Otherwise. the fee $35.00.
Go and other retailers may determine occasionally by notifying you
via
o
electronic mail. statement message. website posting, other method.
This fee will never exceed the minimum payment due that was due
We reserve the right to not honor transactions related to, including, but
ediately to the date on which the fee was assessed
not
limited to, gambling, ATM usage at casinos, and illegal activities.
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn'
Making payments
honor
for
any
reason
o
Pay your Account by sending check. money order, or cashier's check pay-
The fee $25.00 you were not charged returned payment fee dur-
able U.S. dollars, to the name and address shown on your Statement
of the prior six billing periods.
o
Otherwise the fee is $35.00
specified
for
payments
Please
don't
send
cash.
Be sure to include your payment stub, not staple your payment to the
o This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was
stub, use the envelope provided with your Statement and don't send any
your
Although we may decide to do so, we aren't required to attempt to collect a
payment.
payment more than once.
If your payment meet these requirements, it may not be credited to
Document Fees If we provide you with copy of any Statement sales draft
your Account for up to five days, may be rejected
or similar document at your request (except with billing error
All written concerning disputed amounts, including
any
check other payment marked with payment in full' similar
inquiries or resolution). we may charge the Account the following fee(s),
subject to any limitations of applicable law:
language must sent 6550 North Loop 1604 East, Suite 101, San
O
Statement copy $6.00
Antonio,
Texas
78247-5004.
o
Sales/Credit Draft copy
0 We may accept payment sent to any other address without losing any
o
Check/Money Order copy $6.00
rights.
o
No payment shall operate as an accord and satisfaction without our
Alternative Payment Method Fee We may offer alternative payment meth-
written
that allow you to make expedited payments to your Account
approva
B. Keeping your account in good standing
over the phone you choose use this payment method. we may assess
Avoiding default
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'll be in default under this Agreement if you:
you know the current fee before you authorize any payment(s), and you can
Fail to make any payment when due
withdraw your request don't want to pay the fee.
Violate any provision of this Agreement
E. Other important information
Pass
away
Collection costs
Become the subject of bankruptcy or insolvency proceedings
Supply us with misleading, false, incomplete or incorrect information
To the extent not prohibited by applicable law you agree to pay the reasonable
Are unable unwilling to perform the terms or conditions of this Agreement
costs for collecting amounts due. including asonable attorney's fees and court
Fail to supply with any information deem necessary
costs incurred by us or another person or entity.
Changes
Default under any other loan or agreement you have with us or any of our
affiliates
We may add, change, or delete the terms of your Account If required by appli-
Become incompetent
cable law we will give you advance written notice of the change(s) and right to
Exceed your Credit Limit
reject the change(s).
Security Interest
Issue payment returned unpaid by your bank for any reason
If
we
consider
your
Account
in
default
may
suspend
You grant us security interest in all goods you purchase through the use of the
your
ability
to
make
charges, close your Account require you pay the full amount you owe im-
Account. now or t any time in the future and in all accessions and proceeds of
mediately
or
take
any
other
action
permitted
by
law
If
applicable
law
such goods. We waive any security interest we may have your principal dwell-
requires
us do so, we'l tell you in advance and/or give you the opportunity to remedy
ing, to the extent that would otherwise secure any obligation arising hereunder.
your default.
Changes to your information
You agree to notify us immediately of any changes to your name, mailing address,
electronic mail address or telephone number(s).
Governing Law
Arbitration and jury trial waiver
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
A. Jury trial waiver
MITTED OR REQUIRED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY RIGHT
Transfer of Rights/Assignment
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELA
Your rights under this Agreement can't be transferred by you, by operation of law
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT
or otherwise, but your obligations will be binding upon your estate or personal
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAI
representatives. We may transfer or assign your Account and/or this Agreement,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAI
or any of our rights under this Agreement, to another person or entity at any time
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
without prior notice to you or your consent.
B. Notice and cure
No Waiver of Rights
Prior to bringing lawsuit or initiating an arbitration that asserts a claim
We can delay enforcing our rights under this Agreement without losing them.
ing out of or related to this Agreement (as further defined below, "Clair
Severability
the party asserting the Claim (the "Claimant" shall give the other party
If any provision of this Agreement is in conflict with applicable law, that provision
"Defendant") written notice of the Claim (a "Claim Notice") and reason
will be considered to modified to conform with applicable law.
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to
Notice to New Jersey Residents
shall be sent in writing to the address we have our records (or any upd
address subsequently provide to us). Any Claim Notice to shall be ser
All provisions of this agreement are valid, enforceable and applicable in New
mail to Comenity Capital Bank, PO Box 182436. Columbus, Ohio 43218-2
Jersev.
Disputes and Reporting to Consumer Reporting Agencies
(or any updated address we subsequently provide). Any Claim Notice you
must provide your name, address and Account number. Any Claim Notice r
Credit Reports
explain the nature of the Claim and the relief that is demanded. You may
You give us permission to investigate your credit record.
submit a Claim Notice on your behalf and not on behalf of any other p
You agree that credit report may be requested in connection with the
No third party, other than lawyer you have personally retained, may subn
processing of your credit application. A report may also be requested
Claim Notice on your behalf. The Claimant must reasonably cooperate pro
connection with credit extension, credit limit request, Account renewal or
ing any information about the Claim that the other party reasonably request
update, Account collection action, or dispute investigation. Upon request,
C. Arbitration provision
we will tell you the name and address of any consumer reportin agency that
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJ
furnished a report on you. You consent to the obtaining of such reports by
THIS BITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
signing or otherwise submitting an application or solicitation.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBST
You understand that may report negative information (such as, late pay-
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WH
ments, missed payments, or other defaults) about your Account to consumer
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
reporting agencies
1. Your Right to Reject: If you don't want this Arbitration Provision (and
You give permission to provide information about your Account to con-
prior arbitration agreement between you and us ("Prior Arbitration Agreement
sumer reporting agencies and other creditors, as well as to the retailer whose
to apply, you reject it by mailing us written rejection notice which gives
name appears on your Card.
name of each Cardholder and contains statement that you (both of you, if n
Credit report disputes
than
one)
reject
the
Arbitration
Provision
of
this
The
rejection
no
If you believe the Account information we reported to consumer reporting agen-
must be sent to at Comenity Capital Bank, PO Box 182422, Columbus,
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
18-2422. A rejection notice is only effective if is signed by you (all of
Box 182120, Columbus, Ohio 43218-2120
if
more
than
one)
and
if
we
receive
it
within
thirty
(30)
calendar
days
after
Your written dispute must provide sufficient information to identify the Account
date we first provide you with credit card agreement or written notice provio
and specify why the information is inaccurate:
you right to reject this Arbitration Provision. Your rejection of this Arbitra
Account Information: Your name and Account number
Provision will not affect any other provision of this Agreement or your abilit
Contact Information: Your address and telephone number
obtain credit.
Disputed Information: Identify the Account information disputed and ex-
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provi
plain
why
you
believe
it
is
(and
not
elsewhere
this
Agreement),
the
terms
we
"us"
and
'our"
mean
Supporting available, provide a copy of the section of the
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and
credit report showing the Account information you are disputing
employees, officers and directors of such companies (the "Bank Parties );
We will investigate the disputed information and report the results to you within
(b) any other person company that provides any services in connection
30 days of receipt of the information needed for our investigation we find that
this Agreement you assert Claim against such other person or company
the
Account
information
we
reported
IS
inaccurate,
we
will
promptly
provide
the
same time assert Claim against any Bank Party.
necessary correction to each consumer reporting agency to which we reported
3. Covered Claims: "Claim" means any claim, dispute or controversy betw
the information.
you and us that in any way arises from or relates to this Agreement, the Acco
Your Billing Rights: Keep This Document For Future Use
the issuance of any Card, any rewards program, any prior acco
This notice tells you about your rights and our responsibilities under the Fair
"Claim"
includes
disputes
arising
from
actions
or
prior
to
the
Credit
Billing
Act
any Card issued to you, including the advertising related to. application
What To Do If You Find A Mistake On Your Statement
or approval of the Account. "Claim" has the broadest possible meaning,
If you think there is an error on your statement, write to us at: Comenity Capital
includes initial claims, counterclaims, cross-claims and third party claims
Bank, PO Box 182620, Columbus, Ohio 43218-2620
includes disputes based upon contract, tort, consumer rights, fraud and o
In your letter, give us the following information:
intentional torts, constitution, statute, regulation, ordinance, common law
Account information: Your name and account number.
equity (including any claim for injunctive or declaratory relief). "Claim' does
Dollar amount: The dollar amount of the suspected error.
include disputes about the validity, enforceability coverage or scope this
Description of problem: If you think there is an error on your bill, describe
tration Provision or any part thereof (including, without limitation, the prohibi
what you believe is wrong and why you believe it IS mistake.
against
class
proceedings,
private
attorney
general
proceedings
and/or
mult
You
must
contact
us:
party proceedings described in Paragraph C.7 (the "Class Action Waiver
Within 60 days after the error appeared on your statement.
last sentence of Paragraph and/or this sentence); all such disputes are
At least 3 business days before an automated payment is scheduled, if you
a court and not an arbitrator to decide. However, any dispute or argument
want to stop payment on the amount you think is wrong.
concerns the validity or enforceability of the Agreement as a whole is for
You
must
notify
us
of
any
potential
errors
writing.
You
may
call
us,
but
if
arbitrator. not court, to decide.
you
do we are not required to investigate any potential errors and you may have to pay
4. Starting an Arbitration: Arbitration may be elected by any party with res
the amount in question.
to any Claim, even that party has already initiated lawsuit with respect
What Will Happen After We Receive Your Letter
different Claim. Arbitration is started by giving written demand for arbitra
When we receive your letter, we must do two things:
to the other party. We will not demand to arbitrate an individual Claim that
1. Within 30 days of eceiving your letter. we must tell you that we received
bring against us in small claims court or your state's equivalent court. any.
your letter. We will also tell you we have already corrected the error.
if that Claim is transferred. removed or appealed to a different court, we
2.
Within 90 days receiving your letter, we must either correct the error or
have
the
right
to
demand
arbitration
explain to you why we believe the bill is correct.
5. Choosing the Administrator: "Administrator" means the American Arbitra
While we investigate whether or not there has been an error:
Association "AAA") 1633 Broadway, 10th Floor, New York, NY 10019,
We cannot try to collect the amount in question or report you as delinquent
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, W
on that amount.
jamsadr.com or any oth company selected by mutual agreement of the
The charge in question may remain on your statement, and we may continue
ties. both AAA and JAMS cannot or will not serve and the parties are una
to charge you interest on that amount
to select an Administrator by mutual consent, the Administrator will be selec
While you do not have to pay the amount in question, you are responsible for
by court. The arbitrator will be appointed by the Administrator in
the remainder of your balance.
with the rules of the Administrator. the arbitrator must be retire
We can apply any unpaid amount against your credit limit.
former judge or lawyer with at least 10 years of experience. You get to select
After we finish our investigation, one of two things will happen:
if you give us written notice of your selection with your notice
If we made mistake You will not have pay the amount in question or any
you are electing to arbitrate any Claim or within 20 days after give you no
interest or other fees related to that amount.
that electing to arbitrate any Claim (or. if you dispute our right to req
If do not believe there was mistakes You will have to pay the amount in
arbitration of the Claim, within 20 days after that dispute is finally resolv
question. along with applicable interest fees. We will send you state-
If you do not select the Administrator on time. may do Notwithstan
ment of the amount you owe and the date payment is due We may then
any language in this Arbitration Provision to the contrary, no arbitration may
report you as delinquent if not pay the amount we think owe.
administered without the consent of all parties to the arbitration, by any Adr
If you receive our explanation but still believe your bill is wrong, you must write
istrator that has in place a formal or informal policy that is inconsistent with
to within 10 days telling us that you refuse to pay. If you do so, we cannot
Class Action Waiver
report you as delinquent without also reporting that you are questioning
6.
Court
and
Jury
Trials
Prohibited;
Other
Limitations
on
Legal
Rights:
IF
y
We must tell you the name of anyone to whom we reported you as delinquent,
OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT
and we must let those organizations know when the matter has been settled
PURSUE THAT CLAIM COURT OR HAVE JURY DECIDE THE CLAIM. AL
between
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN
do not follow all of the rules above, you do not have to pay the first $50 of
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD H
the amount you question even your bill correct.
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO AF
If
you
are
dissatisfied
with
the
goods
or
services
that
you
have
purchased
with
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN CL/
your credit card, and you have tried in good faith to correct the problem with the
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION. EITHER AS A PLA
merchant, you may have the right not to pay the remaining amount due on the
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY
/
purchase.
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION;
To use this right, all of the following must be true:
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSO
1. The purchase have been made in your home state or within 100 miles
DATED
WITH
CLAIMS
BROUGHT
BY
OR
AGAINST
ANY
OTHER
PERSON:
A
of your current mailing address. and the purchase price must have been more
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDU
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
was
based
on
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRAT
an advertisement we mailed to you, or if we own the company that sold you the
OR MULTIPLE-PARTY ARBITRATION.
goods or services.)
8. Location and Costs of Arbitration: Any arbitration hearing that you att
2. You must have used your credit card for the purchase. Purchases made with
must take place at a location reasonably convenient to you. We will pay any
cash from an ATM or with a check that accesses your credit card ac-
all fees of the Administrator and/or the arbitrator if applicable law require
count
do
not
qualify.
to. if you prevail in the arbitration or we must bear such fees order for
3. You must yet have fully paid for the purchase
Arbitration Provision to be enforced. If you demand an arbitration, will
all of the criteria above are met and you are still dissatisfied with the purchase,
your reasonable attorneys and experts fees if you prevail or we must bear S
contact us writing at
fees in order for this Arbitration Provision to be enforced. Also, we will bear
Comenity Capital Bank
fees if applicable law requires us to.
PO Box 182620, Columbus, Ohio 43218-2620
9. Governing Law: This Arbitration Provision involves interstate commerce
While we investigate, the same rules apply the disputed amount as discussed
is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"),
above After we finish our investigation, we will tell you our decision. At that
not by any state arbitration law. The arbitrator must apply applicable substan
point, if we think you owe an amount and you do not pay, we may report you as
law consistent with the FAA and applicable statutes of limitations and claim
delinquent
privilege recognized law. The arbitrator may award any remedy provided by
G. Optional products
substanti law that would apply if the action were pending in court (includ
Credit insurance (as applicable)
without limitation, punitive damages, which shall governed by the Const
Purchasing credit insurance is optional If you do choose to carry credit insurance
tional standards employed by the courts). At the timely request of either pa
the
arbitrator
must
coverage, the premium charge will be added to your Account as a purchase on
provide
brief
written
explanation
of
the
basis
for
the
aw
the last day of each billing period. You can cancel your coverage at any time.
10. Right to Discovery: In addition to the parties' rights to obtain disco
Account Assure Debt cancellation (as applicable)
pursuant to the arbitration rules of the Administrator. either party may sub
Purchasing Account Assure is optional.
a written request to the arbitrator to expand the scope of discovery normally
Your decision whether or not to purchase Account Assure won't affect your
lowable under the arbitration rules of the Administrator The arbitrator shall
discretion to grant or deny that request
application for credit or the terms of any existing credit agreement you have
with
us.
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrat
The monthly fee for Account Assure is based on the outstandi ng monthly
award may be entered by any court having jurisdiction. The arbitrator's decis
balance on your Account each month and will be added to your Statement
is final and binding, except for any right of appeal provided by the FAA. Howe
the
amount
of
the
Claim
exceeds
We'l provide additional information before you're required to pay for Ac-
50,000
involves
request
for
injunc
count Assure. This will include copy of the terms and conditions pertain-
or declaratory relief that could foreseeably involve cost or benefit to either p
ing to Account Assure.
exceeding $50,000, any party can. within 30 days after the entry of the law
You can cancel your Account Assure at any time.
by the arbitrator, appeal the award to three-arbitrator panel administered by
There are eligibility requirements. conditions, and exclusions that
Administrator. The panel shall reconsider anew any aspect of the initial law
could
pre-
vent you from receiving benefits under Account Assure.
requested by the appealing party. The decision of the panel shall be by majo
Be sure to carefully read the Addendum for a full explanation of the terms
vote. Reference this Arbitration Provision to "the arbitrator" shall mean
of
Account
Assure
panel if an appeal of the arbitrator's decision has been taken. The costs of S
H. Communicating with us
an appeal will be borne in accordance with Paragraph C.8. above.
12. Rules of Interpretation: This Arbitration Provision shall survive the
Communicating to you about your Account
rep
ment of all amounts owed under this Agreement, the closing of the Account,
If we need to contact you to service your Account or to collect amounts
legal proceeding and bankruptcy to the extent consistent with applica
to us. you give direct consent to us. as well as servicers, agents, contractors and
bankruptcy law. In the event of conflict or inconsistency between this Arbi
collectors of your Account. to communicate with you in any way, such as calling,
tion Provision, on the one hand. and the applicable arbitration rules or the of
texting, or electronic mail via:
provisions of this Agreement, on the other hand. this Arbitration Provision S
1)
a cell. landline. or text number you provide, use to contact us, or at which
govern. This Arbitration Provision replaces any Prior Arbitration Agreement
we believe we can reach you (even if not yours),
13. Severability: If any portion of this Arbitration Provision, other than the CI
2)
any electronic mail address you provide to one of our merchants,
3)
Action Waiver, invalid or unenforceable, the remaining portions s
automated dialer systems and automatic telephone dialing systems,
4)
neverth remain in force. If a determination is made that the Class Act
pre-recorded or artificial voice messages and other forms of communica-
Waiver is unenforceable, only this sentence of the Arbitration Agreement will
tions.
main in force and the remaining provisions shall be null and void, provided
t
You also agree that these communications aren't unsolicited for purposes of any
the determination concerning the Class Action Waiver shall be subject to app
state or federal law. and you understand that this may result in additional mobile,
14. Special Payment: (1) you submit a Claim Notice in accordance
text message, or data charges.
Paragraph B above on your own behalf (and not behalf any other par
Phone monitoring
(2)
we
refuse
to
provide
you
with
the
relief
you
request;
(3)
arbitra
To provide you with high-quality service, phone communication with us is
subsequently determines that you were entitled to such relief (or greater reli
monitored and/or recorded.
the arbitrator shall award you at least $5,100 (plus any fees and costs to wh
You agree that we monitor and/or record any phone calls between you and
you are entitled)
us
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
comenity
Comenity Capital Bank, Salt Lake City, UT
For Wisconsin residents:
If you are married, please contact us immediately upon receipt of this Agreement
ABBCCA04
at 1-855-703-4524 (TDD/TTY 1-888-819-1918) and provide us 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
29.99%.
(APR) for Purchases
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