Your west elm Credit Card account agreement.
842351001 (06/14)
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 theft of your credit card or possible unauthorized use
your card. you should write to immediately at PO Box 182273 Columbus.
Statement
and
information
concerning
your
billing
rights.
Your
Ohio -2273 call at 1-800-695-3988 (TDD/TTY: 1-800-695- 1788).
use of the account, or failure to close the account within the
You
will
not
be
liable
for
any
unauthorized
use
that
occurs
after
you
notify
us.
You
30 days of receiving this document, indicates your acceptance
may, however be liable for unauthorized use that occurs before your notice to us.
any case, your liability will not exceed $50.
of the terms of this agreement, including the assessment of any
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 Revolv Credit
Plan
and
one
or
more
Credit
Plans.
Credit
Plans
offered
and
You have a right to reject this Arbitration Provision.
their particular features (including but not limited to minimum purchase
If you do not reject this Arbitration Provision, it will be part
guirements and minimum payment) may vary occasionally at our discretion
of this Agreement and will:
and include one or more Regular Revolving or promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
o Eliminate your right to a trial by jury; and
a promotional Credit Plan offered at the time you your Account,
o
Substantially affect your rights, including your right to
this Agreement will include information about the terms for the Plan, by use
bring, join in or participate in class proceedings.
of an insert. attachment, or other written information provided as part of this
Please read each section carefully and keep this document for
Agreement.
your records.
Normal late fees, returned payment fees and all other provisions apply to
any promotional Credit Plan, unless inconsistent with a particular Credit
In the following sections, you will find information on:
offering.
Financial terms of your account: An at -glance summary of the fees and charges
If the promot Credit Plan purchase isn' paid in full before the promo-
with
your
account
tional period ends, the balance will be transferred to your Regular Revolving
balance.
A. Getting started: the basics of your account
Promotional Credit Plans may include:
B. Keeping your account in good standing avoiding default, and what to do if
o Waive Interest, Payment Required o Defer Interest, Payment Required
your
card
lost
stolen,
applicable
Waive Interest, Equal Payment
Defer Interest Low Payment
C.
Learning more about your account credit plans, and credit limits, and how
Waive Interest, Low Payment
Low APR, Equal Payment
payments
ated
and
applied
o Defer Interest, Equal Payment
o Budget Payment
D. Interest. fees and charges: when and how fees and costs are applied to your
Skip-payment option
account
At our discretion. we may allow you to skip making the Minimum Payment.
E. Other important information legal rights, costs, and how we'll handle
Interest Charges will be during the skip-pay period, but late
changes your
fee won't be imposed. This will not be considered a waiver of any of the
F.
Disputes and reporting to consumer reporting agencies: data we provide,
rights
granted
by
this
Agreeme
and receive from, consumer reporting agencies, and what to do if you think
All other terms of your Account apply during the skip-payment period.
there an error on your periodic statement
Credit limit
G. Optional products how to protect your account from fraud or theft, and
Your Credit Limit is the total maximum amount we permit you to owe us at
on services that can help pay your debt case of emergencies
any
time.
H. Communicating with us: what happens when you contact us
You may not exceed any Credit Limit that we set for your Account
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
If you do exceed your Credit Limit, can still charge you for all transac-
a jury trial waiver and Arbitration provision
tions, interest and other charges without giving up any of our rights under
this
Agreement
Privacy statement: how we collect, use, share, and protect your personal informa-
We may change your Credit Limit at any time.
tion: and the privacy choices make
Account cancellation
Financial terms of your account
You may cancel your Account. You re still obligated to pay the full amount
you
owe
us.
Interest Rates and Interest Charges
We may cancel your Account at any time. for any reason.
We may refuse to authorize any purchase on your Account. We may also
Annual
26.99%
suspend your Account and your right to use your Card, including each Card
Percentage
you
give
to
others.
Rate (APR) for
We may stop offering any Credit Plan at any time. for any reason.
Purchases
Cancellation or suspension of your Account doesn't negate your obligation to
pay any amount you owe us.
Your due date is at least 25 days fter the
Cancellation of your Account includes each Card you give to others.
How to Avoid
close of each billing cycle. We will not
Minimum Payment
You can pay all of your Account balance at any time without
Paying Interest
charge you interest on purchases if you
pay your entire balance by the due date
penalty.
each month.
You must pay at least the Total Minimum Payment for each billing period by
the
Payment
Due
Date
shown
your
Statement.
Minimum Interest
If you are charged interest, the charge will
The
Minimum
Payment
is
the
total
of
the
minimum
payments
for
the
Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Charge
be no less than $1.00 per credit plan
The
Total
Minimum
Payment
won't
be
less
than
$25
.00.
If
your
Account
For Credit
balance is less than $25.00, you must pay the amount indicated on your
To learn more about factors to consider
Statement full.
Card Tips from
when applying for or using a credit
The minimum payment for each Credit Plan is calculated as follows:
the Consumer
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
Financial
card, visit the website of the Consumer
terest. Payment Required and Defer Interest, Payment Required Credit
Protection
Financial Protection Bureau at http://www.
Plans will be the greater of:
Bureau
consumerfinance.gov/learnmore
(a) $5.00; 0
(rounded to the nearest $1.00 of the New Balance shown
on your Statement for that Credit Plan.
Fees
o
The
minimum
payment
for
the
Waive
Interest,
Equal
Payment
and
De-
fer Interest, Equal Payment Credit Plans will be the amount the pur-
Annual Fee
None
chase divided by the number months between the date of the pur-
chase and the promotional period end date (minimum $5.00) rounded
Penalty Fees
up
to
the
nearest
$1.00.
Late Payment
Up to $35.00
o
The minimum payment for the Low APR, Equal Payment Credit Plan
Returned Payment
Up to $25.00
will be the amount of the purchase including the calculated interest
charges be from the date of purchase through the
end of promotional period divided by the number of months be-
How We Will Calculate Your Balance: We use a method called
tween the date of the purchase and the promotional period end date
"daily balance.' See your Account agreement for more details.
(minimum 00) to the nearest $1 .00.
o
The minim payment for the Waive Interest, Low Payment and Defer
Interest, Low Payment Credit Plans will be the greater of:
Billing Rights: Information on your rights to dispute transactions
(a)
$5.00
and how to exercise those rights is provided in your account
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
agreement.
shown on your Statement for that Credit Plan.
Payment application
Rate Information: The following chart provides details on your rate as of June 1,
We reserve the right to apply payments equal to less than the Total Mini-
2014. We divide the APR by 365 to determine the daily periodic rate.
mum Payment however we see fit. which may result in balances subject to
lower interest rates being paid prior to other ba lances. This may also result
in higher interest charges
APR
Daily Periodic Rate
Any payment make in excess of the required Total Minimum Payment
will be allocated to your Account as required by applicable law.
Purchase APR
26.99%
0.07394%
Excess payments received before deferred interest promotion expires are
applied to the deferred interest promotional balance first in the last two bill-
We'l charge you minimum interest charge of $1.00 per credit plan for any bill-
ing periods of the notional period.
ing period in which interest is due.
D. Interest, fees and charges
Interest charges
Minimum Payment:
If you make a purchase under a Regular Revolving Credit Plan, interest
The amount you must pay each billing period (' Total Minimum Payment") is the
charges
won'
be
imposed
in
any
billing
period
which
(i)
no
Previous
Bal-
total
minimum
payments
for
Regular
Revolving
and
promotional
Credit
Plan
ance exists (ii) payments received and credits issued by the Payment Due
purchases plus any Past Due amounts. The Total Minimum Payment won't be
Date, equal or exceed the Previous Balance.
less than $25.00. If your Account balance less than $25.00 you must pay the
If the New Balance shown your last Statement isn't paid in full by the
amount indicated on your billing statement "Statement" full The minimum
Payment Due Date shown your last Statement. there will be an interest
payment due for each Regular Revolving Credit Plan will be the greater of:
charge on each purchase from the date purchase
(a) $5 00;
you make purchase under any Waive Interest Credit Plan, we won't
(b) 5% the New Balance shown on your Statement for that
charge interest on the purchase you pay the total purchase amount be-
Credit Plan (rounded to the nearest $1 .00).
fore the end of the promotional period. you don't pay the total purchase
See Minimum Payment in Section C below for promotional credit plan minimum
amount
before
the
end
of
the
promotional
period,
add
the
remaining
payment calculations
amount to your Regular Revolving balance. We'll also begin charging inter-
The APR information described below is accurate as of June 2014. To find
est
the
purchase
from
the
first
day
after
the
promotional
period
ends.
out more, call at 1-800-695-3988 (TDD/TTY: 1-800-695-1788), or write
you make purchase under any Defer Interest Promotional Credit Plan
at Comenity Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our
and don't pay the total amount before the end of the promotional period,
website at nity.net/westelm.
we'l add the remaining purchase amount and the amount of accrued inter-
A. Getting Started
est
to
your
Regular
Revolving
balance.
Definitions
you make purchase under Low APR. Equal Payment Credit Plan,
interest will be assessed from the date of purchase through the end of the
In this Agreement, "We." "Us" and "Our" mean Comenity Bank. 'You' and
"Your' mean each person who submits an application solicitation for an Ac-
promotional period.
count
with
us.
"Account"
your
credit
card
account
with
us.
Card"
means
How we calculate Interest Charges on your Account
each
credit
card
we
issue
for
your
Account,
as
applicable.
'Credit
Plan"
means
We calculate interest separately for each Credit Plan, using 'Daily Balance" to
one or more payment program options west elm may ask us to offer from time
determine interest charges for each billing period. Our calculation method is as
to
time.
follows:
Upholding your Agreement
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees).
You agree to the terms of this Agreement, and promise to do everything
We subtract any payments or credit adjustments (treating any net credit
required
you
you
sign
submit
appli
cation
obtain
balance as zero balance) and add new transactions and debit adjustments
credit from you'll be legally bound by this Agreement You're also legally
posted as of that day. This gives us the "Partial Daily day.
bound you sign charge slip or permit someone else to use the credit
We then multiply the Partial Daily Balance for the day the Daily Periodic
provided.
You agree that the credit extended under your Account will be used only for
Rate This gives the "Daily Interest Charge" for the day, which we add to
the
day's
Partial
Daily
Balance
personal, family or household purposes and not for business or commercial
now determined the 'Daily Balance. which will be the beginning
If the Account is joint Account, you and the joint Account holder will be
balance for the following day. This results in daily compounding of interest
charges.
bound
by
this
Agreement
Each
of
you will
jointly
and
individually
respon-
sible
amounts
due
If
At the end of each billing period, we add together each Credit Plan's Daily
for
repaying
all
more
than
one
person
is
responsible
for this Account, will only provide billing statements and communica-
Interest Charge, which gives us the total interest charge
Your
Statement
will
show
alance
Subject
to
Interest
Rate.
which
is
tions
the
one
you.
authorized user of your Account will be bound by the terms of this
sum of the Daily Balances for each day in the billing period divided by the
Agreement. One itional Card may be issued with the individual name of
total number of days.
an authorized user embossed the Card. you want to revoke the use of
Other fees and charges
Account by authorize user. either write us at the address, or call us
You agree to pay the following fees and charges:
at
the
phone
number.
shown
on
your
Statement
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay
You agree to pay all made on your Account by an authorized
ment Due Date we will charge you late fee.
user, whether or not such transactions were authorized by you or made for
o The fee $25.00 if you were not charged late fee during any of the
your benefit.
prior six billing periods.
Card signature (as applicable)
o
Otherwise, the fee $35.00.
For your own protection, please sign your Card before using it Keep in mind that
o
This fee will never exceed the minimum payment due that was due
your signature on the Card isn' a prerequisite to your obligation to pay amounts
immediately prior to the date on which the fee was assessed.
incurred
on
your
Account.
Returned Payment Fee We may charge you fee for each payment that your
Using your Account
bank
doesn't
honor
any
reason
0
Your Account may be used to make purchases from west elm and other
The fee is $25.00 you were not charged returned payment fee dur-
retailers we may rmine ccasionally by notifying you via electronic mail,
ing any of the prior six billing periods.
message, website posting, or other method
o
This fee will never exceed the minimum payment due that was due
We reserve the right to not honor transactions related to. including, but not
immediately prior to the date on which the fee was assessed.
limited to gambling, ATM usage at casinos, and illegal activities.
Although we may decide to do so, we aren't required to attempt to collect a
payment more than once.
Making payments
Document Fees: If we provide you with copy of any Statement, sales draft
Pay your Account by sending check, money order, or cashier's check pay-
or
similar
at
your
request
(except
connection
with
billing
error
in dollars, to the name and address shown on your Statement
inquiries or resolution). we may charge the Account the following fee(s),
cified for payments. Please don' send cash.
subject to any limitations of applicable law:
Be sure to include your payment stub, do not staple your payment to the
o
Statement copy - $6.00
stub. use the provided with your Statement and don't send any
o
Sales/Credit Draft copy $6.00
correspondence
with
your
payment
o
Check/Money Order copy
your payment doesn meet these requirements it may not be credited to
your Account for up to five days, or may be rejected
Alternative Payment Method Fee: We may offer alternative payment meth-
written disputed amounts, including any
ods that allow you to individual, expedited payments to your Account
the
check other payment instrument marked with 'payment in full' similar
over
phone.
you
choose
to
use
this
payment
method.
we
may
assess
language must be sent to 6550 North Loop 1604 East, Suite 101. San
the current fee we charge for this service subject to any limitations of ap-
Antonio,
Texas
78247-5004.
plicable law. Currently, that fee is up $15.00 but may change. We'll let
o We may accept payment sent to any other address without losing any
you know the current fee before you authorize any payment(s), and you can
rights.
withdraw your request if you don't want to pay the fee.
0
No payment shall operate as an accord and satisfaction without our
E. Other important information
prior
written
approval.
Collection costs
B. Keeping your account in good standing
To the extent not prohibited by applicable law. you agree to pay the reasonable
Avoiding default
costs for amounts due including reasonable attorney's fees and court
costs incurred by us or another person or entity.
You'll be in default under this Agreement if you:
Changes
Fail make any payment when due
Violate any provision of this Agreement
We may add, change, or delete the terms of your Account. If required by appli-
Pass
away
cable law. give you advance written notice of the change(s) and right to
Become the subject of bankruptcy or insolvency proceedings
reject the change(s).
Supply us with misleading, false. incomplete or incorrect information
Security Interest
Are unable unwilling perform the terms conditions of this Agreement
You grant us security interest in all goods you purchase through the use of the
Fail supply with any information we deem necessary
Account, now or any time in the future and in all accessions and proceeds of
Default under any other loan or agreement you have with us or any of our
such goods. We waive any security interest we may have in your principal dwell-
affiliates
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Become incompetent
Changes to your information
Exceed your Credit Limit
You agree notify immediately of any changes to your name, mailing address,
Issue payment returned unpaid by your bank for any reason
If
electronic mail address or telephone number(s).
we consider your Account in default. we may suspend your ability to
make
charges
close
your
Account
require
you
to
pay
the
full
amount
owe
im-
Governing Law
you
mediately or take any other action permitted by law. If applicable law requires
THIS AGREEMENT IS GOVERNED BY LAWARE AND APPLICABLE FEDERAL
so, we'l tell you in advance and/or give you the opportunity to remedy
LAW. THIS IS THE ARE SPEAKING OF WHEN WE REFER TO A TERM
your default
PERMITTED OR REQUIRED BY APPLICABLE LAW.
Transfer of Rights/Assignment
C. Arbitration provision
Your rights under this Agreement can't be transferred by you, by operation of law
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO
or otherwise, but your obligations will be binding upon your or personal
representatives.
We
may
transfer
or
assign
your
Account
and/or
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGR
this
Ag
eement.
or any of our rights under this Agreement, to another person or entity at any time
LOW. IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE
without
prior
notice
to
you
or
your
consent
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY o
No Waiver of Rights
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUT
We can delay enforcing our rights under this Agreement without losing them.
1. Your Right to Reject: If you don't want this Arbitration Provi
Severability
prior arbitration agreement between you and us ("Prior Arbitration
If any provision of this Agreement is in conflict with applicable law, that provision
to apply, you may reject by mailing us written rejection notic
will be considered to be modified to conform with applicable law.
the name of each Cardholder and contains statement that you (
Notice to New Jersey Residents
more than one) reject the Arbitration Provision of this Agreement
All
provisions
of
this
agreement
are
valid,
enforceable
and
applicable
in
New
Jersey.
notice must be sent to us at Comenity Bank, PO Box 182422, C
F. Disputes and Reporting to Consumer Reporting Agencies
43218-2422. A rejection notice only effective if it is signed by
if more than one) and if we receive within thirty (30) calendar
Credit Reports
date we first provide you with credit card agreement or written no
You give us permission to investigate your credit record.
You
agree
that
credit
report
may
be
requested
in
connection
with
the
you right to reject this Arbitration Provision. Your rejection of tl
processing of your credit application. report may also be requested in
Provision will not affect any other provision of this Agreement or
connection
with
credit
extension
credit
limit
request,
Account
renewal
or
obtain credit.
update, Account collection action. or dispute investigation. Upon request
2. Parties Subject to Arbitration: Solely as used in this Arbitration
tell
you
the
name
and
address
of
any
consumer
reporting
agency
that
not
elsewhere
this
Agreement),
the
terms
we,
furnished report on you You consent to the obtaining such reports by
menity Bank, any parent, subsidiary affiliate of the Bank and
signing
or
otherwis
submitting
an
application
or
solicitation.
officers
and
directors
of
such
companies
(the
'Bank
Parties'
You understand that may report negative information (such as, late pay-
person or company that provides any services connection with t
ments. missed payments, or other defaults) about your Account to consumer
you
assert
Claim
against
such
other
person
or
company
at
the
reporting agencies.
assert Claim against any Bank Party.
You give permission to provide information about your Account to con-
3.
Covered
Claims:
"Claim'
any
claim,
disp
ute
or
control
sumer reporting agencies and other creditors, as well as to the retailer whose
you and us that any way arises from or relates this Agreement
name appears on your Card.
the
issuance
of
any
Card,
any
rewards
program,
any
prior
Credit report disputes
"Claim' includes disputes arising from actions omissions pri
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
any
Card
was
issued
you,
including
the
advertising
related
to,
you may submit direct dispute to Comenity Bank, PO Box
or approval of the Account. "Claim" has the broadest
182789,
Columbus,
Ohio
43218-2789
includes
initial
claims,
counterclaims.
claims
and
third-
Your written dispute must provide sufficient information to identify the Account
includes disputes based upon contract tort, consumer rights,
and specify why the information inaccurate
intentional
torts.
constitution
statute.
regulation,
ordinance.
Account Information name and Account number
equity including any claim for injunctive or declaratory relief)
Contact
Information:
Your
address
and
telephone
number
include
disputes
about
the
validity,
enforceabilit
coverage
Disputed Information identify the Account information disputed and ex-
tration Provision thereof (including, without mitation
plain why
you
believe
it
against
class
proceedings,
private
attorney
proceedings
a
Supporting Documentation: available provide copy of the section of the
party proceedings described in Paragraph C 7 (the "Class Action
credit
report
showing
the
Account
information
you
are
disputing
last
sentence
of
Paragraph
C.
13
and/or
sentence):
all
such
di
We estigate the disputed information and report the results to you within
a court and not an arbitrator to decide However, any dispute or
30 days receipt the formation needed for our investigation. If we find that
the validity or enforceability of the Agreement as wl
the Account informat we reported IS inaccurate. promptly provide the
arbitrator,
court.
to
decide.
ecessary correction to each consumer reporting agency to which we reported
4.
Starting
an
Arbitration:
Arbitration
may
be
elected
the
inform
by
any
part
Claim, even that party already initiated a lawsuit wit
Your Billing Rights Keep This Document For Future Use
different Claim Arbitration started by giving written demand
This notice tells you about your rights and our responsibilities under the Fair
the other party. We will not demand to arbitrate an individual
Credit Billing Act
bring against us in small claims court or your state's equivalent co
What To Do You Find A Mistake On Your Statement
that Claim is transferred, removed or appealed to different
If
you
think
there
error
have
the
your
statement
right
to
write
to
us
at:
Comenity
Bank,
PO
demand
arbitration.
Box
182782
Ohio
218-2782
5. Choosing the Administrator: "Administrator"
means
the
Americ
In your letter, give the following information
Association
AAA"),
1633
Broadway,
10th
Floor,
New
York,
Account information Your name and account number.
adr.org; JAMS, 620 Eighth Avenue, 34th Floor. New York, NY
Dollar
amount
The
dollar
amount
the
error.
jamsadr
any
other
company
selected
by
mutual
Description of problem: If you think there an error on your bill, describe
both AAA and JAMS cannot or not serve and the part
what you believe is wrong and why you believe it is mistake.
to
select
an
ministrator
by
mutual
consent
the
Administrator
w
You
must
contact
us:
by The arbitrator will be appointed by the Administrato
Within 60 days after the error appeared on your statement
the
rules
of
the
Administrator.
However
the
arbitrator
must
At least 3 days before automated payment is scheduled, if you
judge or lawyer with least 10 years of experience. You ge
want
stop
payment
on
the
amount
you
think
wrong.
give
us
written
notice
of
your
selectio
with
You must notify us of any potential errors in writing You may call us. but if you
any Claim 20 days after we
do not to investigate any potential errors and you may have to pay
that
electing
arbitrate
Claim
(or,
dispute
our
r
the
amount
question
the Claim. within days after that dispute is fin
What Will Happen After We Receive Your Letter
you
do
not
the
Admini
strator
on
time.
do
No
When receive letter, we must do two things
any
in
this
tration
Provisi
the
contrary
arbi
1.
Within
30
days
of
your
letter,
we
must
that
administered
without
the
tell
you
received
consent
of
all
we
parties
the
bitration.
your letter. will also tell you we have already corrected the error
istrator that has place formal or informal policy that is incons
2.
Within
90
days
of
Class
your
letter,
we
must
either
Waiver
correct
the
error
or
explain
to
you
why
we
believe
the
bill
correct.
6. Court and Jury Trials Prohibited: Other Limitations on Legal R
While
investi
whether
or
not
there
has
been
an
error:
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE T
We cannot try to collect the amount in question, or report you as del inquent
on
that
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE
The charge in question may remain on your statement, and we may continue
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LI
charge
you
interest
on
that
amount
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU
While you do not have to pay the amount in question, you are responsible for
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARE
the
balance.
7. Prohibition Against Certain Proceedings: IF YOU OR WE EL
We can apply any unpaid amount against your credit limit.
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPAT
After we finish our igation, one of two things will happen:
ACTION
IN
COURT
OR
IN
CLASS-WIDE
ARBITRATION,
EITHER
we made mistakes You will not have pay the amount in question or any
interest
or
other
fees
related
to
that
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR
amount
If we not believe there was mistakes You will have to pay the amount
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBI
in
question,
along
with
applicable
interest
and
fees.
We
will
send
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED
you
state-
ment of the amount you owe and the date payment due. We may then
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER F
report
you
as
delinquent
if
you
do
not
pay
the
amount
we
think
you
owe
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY
If you receive our explanation but still believe your bill wrong, you write
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL
to
within
10
days
telling
us
that
you
still
refuse
to
pay.
If
you
do
we
OR MULTIPLE-PARTY ARBITRATION
report you delin quent without also reporting that you are questioning your bill
We must tell you the name of anyone to whom we reported you as delinquent
8. Location and Costs of Arbitration: Any arbitration hearing th
and must let those organizations know when the matter has been settled
take
location
convenient
to
all
fees
of
the
Administrator
and/or
the
arbitrator
applicable
we do not follow all of the rules above, you do not have to pay the first $50 of
to
you
prevail
in
the
arbitration
or
we
must
bear
the
you
even
your
bil
correct
Arbitration
Provision
to
be
enforced
If
you
demand
an
arbitrati
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
reasonable attorneys and experts fees you prevail or
If
you
are
dissatisfied
with
the
goods
or
services
that
have
in order for this Arbitration Provision to be enforced Also
you
with
your credit card. and you have tried in good faith to correct the problem with the
fees applicable law requires us
merchant, you may have the right not to pay the remaining amount due on the
9. Governing Law: This Arbitration Provision involves interstate
purchase
is
governed
by
the
Federal
Arbitration
Act.
9
U.S.C.
§§
(th
To
use
this
right,
all
of
the
following
must
be
true:
not
by
any
state
arbitration
law.
The
arbitrator
must
apply
applicat
The purchase must have been made in your home state or within 100 miles
law
consistent
with
the
FAA
and
applicable
statutes
limitations
of
current
mailing
and
the
purchas
price
must
have
more
privilege
recognized
been
at
law.
The
arbitrator
may
award
any
remedy
than $50. (Note: Neither of these are cessary if your purchase based on
substantive
law
that
would
apply
the
action
pending
an
tisement
we
mailed
to
you,
if
the
without
or
we
own
that
limitation.
company
sold
you
the
punitive
damages,
which
shall
be
governed
by
goods
services
tional
standards
employed
by
the
courts).
At
the
timely
request
You must have used your credit card for the purchase. Purchases made with
the
arbitrator
must
provide
brief
written
explanation
of
the
basis
cash advances from an ATM or with check that accesses your credit card ac-
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
to
ob
count
not
qualify
to
the
arbitratio
rules
the
either
3. You not yet have fully paid for the purchase
a
written
part
request
to
the
arbitrator
to
expand
the
scope
of
If all of the criteria above are met and you are still dissatisfied with the purchase,
lowable
under
the
bitration
rules
of
the
The
arbitr
contact writing at:
discretion
to
grant
or
deny
that
Comenity Bank
11.
Arbitration
Result
and
Right
of
Appeal:
Judgment
upon
PO Box 182782, Columbus, Ohio 43218-2782
award
may
be
entered
by
any
havi
jurisdiction.
The
arbitr
While we investigate. the same rules apply to the disputed amount as discussed
is
final
and
binding,
except
for
any
right
appeal
provided
above.
by
the
After
we
finish
our
investigation
we
will
tell
you
our
At
that
if
the
amount
of
the
Claim
exceeds
$50
.000
request
point, we think you owe an amount and you do not pay, we may report you as
or
declaratory
that
could
foreseeably
involve
benefit
delinquent.
exceeding
$50,000,
any
party
can.
within
30
days
after
the
entr
G. Optional products
by
the
arbitrator
appeal
the
award
to
three
panel
Credit insurance (as applicable)
Administrator.
The
panel
shall
anew
any
aspect
the
Purchasing
credit
insurance
is
optional
If
requested by the appealing party. The decision of the panel shal
you
do
choose
to
carry
credit
vote.
Reference
in
coverage, the premium charge will be added to your Account as purchase on
this
Arbitration
Provision
to
'the
arbitrator'
panel
an
appeal
of
the
arbitrator's
the last day of each billing period. You cancel your coverage at any time
decision
has
been
taken
The
an appeal will be borne in accordance with Paragraph C.8. above.
Account Assure Debt cancellation (as applicable)
12. Rules of Interpretation: This Arbitration Provision shall surv
Purchasing
Account
Assure
optional
ment
of
all
under
this
the
Your decision whether or not purchase Account Assure won't affect your
closing
the
legal
proceeding
and
any
bankruptcy
to
the
extent
consistent
application for credit or the terms of any existing credit agreement you have
bankruptcy
law.
In
the
with
event
of
conflict
or
istency
betwee
The
tion Provision, on the one hand and the licable arbitration rule
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
provisions
of
this
Agreement
on
the
other
hand,
this
Arbitratio
balance your Account month and added to your Statement.
We'
govern. This Arbitration Provision replaces any Prior Arbitration A
provide
additional
information
before
you're
required
to
pay
for
Ac-
13.
count Assure This will include copy of the terms and conditions pertain-
Severability:
If
any
portion
of
this
Arbitration
Provision,
other
Account
Action
Waiver,
ing
Assure
deemed
invalid
unenforceable
the
nevertheless
You can cancel your Account Assure at any time.
remain
force
determination
is
made
that
the
There
Waiver
is
are
eligibility
le,
only
this
requirements
sentence
conditions,
and
exclusions
of
that
the
Arbitrat
could
Agre
pre-
force
and
vent you from receiving benefits under Account Assure
the
remaini
provisions
shall
be
null
and
void,
Be sure carefully read the Addendum for full explanation of the terms
the determination concerning the Class Action Waiver
of Account Assure
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
ac
H. Communicating with us
aragraph
B
above
on
own
behalf
(and
not
behalf
(2) we refuse provide you with the relief request: and
Communicating to you about your Account
equently
determines
that
you
entitled
to
such
relief
(or
If
we
need
to
contact
you
to
service
you
Account
or
to
collect
amounts
you
owe
the arbitrator shall award you at least 100 (plus any fees and
to us you give direct consent to us, as well as agents, contra
you are entitled)
collectors of your Account to with you any way, such as calling,
texting,
or
electronic
mail
via:
1)
cell.
landline
text
number
you
provide
use
to
contact
us,
or
at
which
comenity
Comenity Bank, Wilmington DE
we
believe
we
can
reach
you
(even
if
not
yours),
2)
any
electronic
mail
address
you
provide
to
one
of
our
merchants,
automated dialer systems and automatic telephone dialing systems.
101
4)
pre recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communications aren't unsolicited for purposes of any
text
state federal law and you understand that this may result in additional mobile,
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.
For Wisconsin residents:
you are married please contact us immediately upon receipt of this Agreement
at 95-3988 (TDD/T 788) 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 bankruptc notices related correspondence to Comenity Bank should be
sent to the following Comenity Bank, Bankruptcy Department, PO Box
182125. Columbus. Ohio 43218-2125
Arbitration and jury trial waiver
A. Jury trial waiver
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY RIGHT TO
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
B. Notice and cure
Prior bringing lawsuit or initiating an arbitration that asserts a claim arising
related to greement (as further defined below. 'Claim the party
assertir the Claim (the 'Claimant shall give the other party (the "Defendant"
written
the
Claim
(a
'Claim
Notice
and
opportunity,
not
less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in
writing
to
the
addres
we
have
records
(or
any
updated
address
you
subse
quently Any Claim Notice shall sent mail to Comenity
Bank,
PO
Box
182436
Columbus,
Ohio
2436
(or
any
updated
address
we provide). Any Claim Notice send must provide your name,
address
and
Account
number
Any
Claim
Notice
must
explain
the
nature
of
the
Claim
and
the
relief
that
demanded
You
may
only
submit
Claim
Notice
own
behalf
on
your
and
not
on
behalf
of
any
other
party.
No
third
party,
other
than
lawyer
you
have
retained
may
submit
Cla
Notice
on
your
behalf
The Claimant must reasonably cooperate in providing any information about the
Claim that the other party reasonably requests.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
26.99%.
(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 $1.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $25
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method