Your H3 WellnessPlus credit card account agreement.
384131002 (01/14)
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
Privacy
If you notice the loss or theft of your credit card or possible unauthorized use
a
your card you should write to us immed ately Comenity Capital Bank. PO Box
Statement and information concerning your billing rights. Your
183003 Columbus, Ohio -3003 call us at 1-855 -269- 1626 (TDD/TT)
use of the account, or failure to close the account within the
1-888-819-1918) You will not be liable any unauthorized use that occurs
30 days of receiving this document, indicates your acceptance
after you notify us. You may, however, be liable for unauthorized that occurs
of the terms of this agreement, including the assessment of any
before your notice to us. In any case, your liability will not exceed $50.
finance 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 Credit Plan and one or more
You have a right to reject this Arbitration provision.
promotional
Credit
Plans
If you do not reject this Arbitration provision, it will be part
We may offer different promotional Credit Plans from time to time.
of this agreement and will:
If promotional Credit Plan is offered at the time you open your account,
o
Eliminate your right to a trial by jury; and
this Agreement will include information about the terms for the Plan, by
use of insert attachment, or other written information provided as part
o
Substantially affect your rights, including your right
of this Agreement
to bring, join in or participate in class proceedings.
Normal late payment charges, returned check charges and all other
Please
read each section carefully and keep this document for
provisions apply to any promotional Credit Plan, unless inconsistent with a
your records.
particular
Credit
Plan
offering
if the promotional Credit Plan purchase isn't paid in full before the
In the following sections, you will find information on:
promotional period ends. the balance will be transferred to your non-
Financial terms of your account: An at-a-glance summary of the fees and charges
promotional Regular Revolving balance.
associated with your account
Credit Plans offered and their particular features (including but not limited
A. Getting Started: the basics of your account
to minimum purchase requirements and Minimum Payment) may vary
B. Keeping your account in good standing: avoiding default, and what to do if
occasionally
at
our
discretion
and
include
or
more
Regular
Revolving
your card lost or stolen
or Promotional Credit Plans Regular Revolving Credit Plans are your non-
C.
Learning more about your account: credit plans and credit limits, and how
promotional purchases using the Card. Promotional Credit Plans may
include:
payments are calculated and applied
Waive Interest Payment Required
Defer Interest Payment Required
D. Interest, fees and charges: when and how fees and costs are applied to your
Waive Interest Equal Payment
Defer Interest Low Payment
account
Waive Interest. Low Payment
Low APR, Equal Payment
E. Other important information: legal rights, costs, and how we'l handle
Defer Interest, Equal Payment
Budget Payment
changes to your account
Skip-payment option
F.
Disputes & Reporting to Credit Agencies: data we provide and receive from,
At our discretion we may allow you to skip making the Minimum Payment
credit reporting agencies, and what to do if you think there is an error on
Finance Charges will be assessed during the skip payment period, but late
your periodic statement
fee won't be imposed. This will not be considered waiver of any of the
G. Optional Products: how to protect your account from fraud or theft, and
rights granted by this Agreement
information on services that can help pay your debt in case of emergencies
All other terms of your Account apply during the skip-payment period.
H.
Communicating with us: what happens when you contact us
Credit
limit
I. Arbitration and jury trial waiver: how we'll resolve disagreements, including
Your Credit Limit is the total maximum amount we permit you to owe us at
any time
a 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
information: and the privacy choices you can make
If you do exceed your Credit Limit, we can still charge you for all purchases,
Finance Charges and other charges without giving up any of our rights under
Financial terms of your account
this Agreement.
We may change your Credit Limit at any time.
Interest Rates and Interest Charges
Account cancellation
Annual
You may cancel your Account You're still obligated to pay the full amount
Percentage
26.99%.
you owe us.
This APR will vary with the
Rate (APR) for
We may cancel your Account at any time for any reason.
market based on the Prime Rate.
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
Your due date is at least 25 days after the
you give to others.
How to Avoid
We may cancel any Credit Plan at any time, for any reason
close of each billing cycle. We will not
Cancellation suspension of your Account doesn' negate your obligation to
Paying Interest
charge you interest on purchases if you pay
pay any amount you owe us
your entire balance by the due date each
Cancellation of your Account includes each Card you give to others.
month.
Minimum Payment
Minimum
If you are charged interest, the charge will
You can pay all of your Account balance at any time without
penalty.
Interest Charge
be no less than $2.00 per credit plan
You must pay at least the Minimum Payment Due for each Billing Period by
For Credit
the Payment Due Date shown on your tatement
To learn more about factors to consider
The Minimum Payment is the total of the minimum payments
for
the
Card Tips from
when applying for or using a credit
Regular Revolving and Promotional Credit Plans plus any Past Due amounts
the Consumer
card, visit the website of the Consumer
The total Minimum Payment Due on your account won't be less than
Financial
Protection
Financial Protection Bureau at http://www.
$25.00. If your Account balance is less than $25.00, you must pay the
amount indicated on your Statement in full.
Bureau
consumerfinance.gov/learnmore.
The Minimum Payment Due for each Credit Plan is calculated as follows:
The minimum payments for Regular Revolving Credit Plans. Waive
Fees
Interest, Payment Required and Defer Interest, Payment Required
Promotional Credit Plans will be the greater of:
Annual Fee
None
o
(a) $5.00:
o (b) 3.5% (rounded up to the nearest $1.00) of the New
Balance shown on your Statement for that Credit Plan.
Penalty Fees
The minimum payment for the Waive Interest, Equal Payment and
Late Payment
Up to $35
Defer Interest Equal Payment Credit Plans will be the amount of
Returned Payment
Up to $35
the purchase divided by the number of months between the date
the purchase and the promotional period end date (minimum $5.00)
rounded up to the nearest $1.00.
How We Will Calculate Your Balance: We use a method called
The minimum payment for the Low APR, Equal Payment Credit Plan
"daily balance (including new purchases). See your account
will be the amount of the including the calculated finance
agreement for details.
charges that be from the date of purchase through
the end of the period divided by the number of months
Billing Rights: Information on your rights to dispute transactions
between the date of the purchase and the promotional period end date
and how to exercise those rights is provided in your account
$5.00) rounded up to the nearest $1.00.
agreement.
The minimum payment the Waive Interest Low Payment and Defer
Purchase APR Information: We add 23.74% to the Index (See Rates in Section
Interest, Low Payment will be the greater of:
o
(a) $5.00 or
D) to determine the APR applicable to your account We divide the APR by 365
to determine your corresponding Daily Periodic Rate of FINANCE CHARGE As
o
(b) 1% (rounded up to the nearest $1.00) of the New
January 2014. the initial APR was 26.99% and the initial Daily Periodic Rate
Balance shown on your Statement for that Credit Plan.
of FINANCE CHARGE was 0.07394%. We'll charge you minimum FINANCE
Payment application
CHARGE of $2.00 per credit plan for any Billing Period in which a Finance
We reserve the right to apply payments equal to or less than the required
Charge due. For additional information, see Rates Section
minimum amount however see fit, which may result in balances subject
Minimum Payment: The Minimum Payment is the total of minimum payments
to lower interest rates being paid prior to other balances. This may also
result
for Regular Revolving and Promotional Credit Plan purchases plus any Past Due
in
higher
interest
charges.
amounts. The total Minimum Payment Due on your account won't be less than
Any payment you make in excess of the required Minimum Payment Due will
$25.00. If your Account balance is than $25.00, you must pay the amount
be allocated to your Account as required by applicable law.
indicated on your Statement in full. The Minimum Payment Due for each Regular
Excess payments received before deferred interest promotion expires are
Revolving Credit Plan, will be the greater of:
applied to the deferred interest promotional balance first in the last two
(a) $5.00; or
billing cycles of the promotional period.
(b) 3.5% of the New Balance shown on your Statement for that Credit
D. Interest, fees and charges
Plan (rounded up to the nearest $1.00).
Finance Charges
See Minimum Payment in Section the attached Agreement for Promotional
If you make a purchase under a Regular Revolving Credit Plan, Finance
Credit Plan Minimum Payment calculations.
Charges won't be imposed in any Billing Period in which (i) no Previous
The APR information described the attached Agreement is accurate as of
Balance exists (ii) payments received and credits issued by the Payment
January 1. 2014. Due to change in the index. this information may have
changed To find out more. call 1-855-269-16 (TDD/TTY: 1-888-819
Due Date, which is at least 25 days after the Statement Closing Date shown
on your last Statement. equal exceed the Previous Balance.
1918), or write Comenity Capital Bank, PO Box 183003, Columbus, Ohio
If
the
New
Balance
shown
on
your
last
Statement
isn't
paid
in
full
by
the
43218-3003 or visit our website at comenity. net/H3WellnessPlusCard.
Payment Due Date shown on your last Statement, there will be Finance
A. Getting Started
Charge on each purchase from the date of purchase
Definitions
If you make purchase under any Waive Interest Promotional Credit Plan,
In this Agreement, "We, Us" and "Our" mean Comenity Capital Bank. "You"
we won't charge Finance Charges on the purchase if you pay the total
and "Your" mean each person who submits an application for an account with
purchase amount before the end of the promotional period If you don't pay
us. "Account" means your credit card account with us. 'Card' means each credit
the total purchase amount before the end of the promotional period, we'l
card we issue for your Account (as applicable). "Credit Plan' means one more
add the remaining amount to your Regular Revolving balance. We'll also
payment program options H3 Financial Services, Inc. may ask us to offer from
begin charging Finance Charges on the purchase from the first day after the
time time.
promotional period ends.
Upholding your Agreement
If you make purchase under any Defer Interest Promotional Credit Plan and
You agree to the terms of this Agreement and promise to do everything
don't pay the total amount before the end of the promotional period. we'
required of you. you sign submit an application to obtain credit from
add the purchase amount and the amount of accrued Finance
us, you'll be legally bound by this Agreement. You also legally bound if
Charges
to
your
Regular
Revolving
balance
you sign charge slip, permit else to use the credit provided.
If you make purchase under Low APR, Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
Finance Charges will be assessed from the date of purchase through the end
of
the
promotional
personal, family or household purposes and not for business or commercial
period.
purpose
How we calculate Finance Charges on your Account
If the Account is joint Account, you and the joint Account holder will
We calculate Finance Charges separately for each Credit Plan, using a "Daily
be bound by this Agreement. Each of you will be jointly and individually
Balance' to determine Finance Charges for each Billing Period. Our calculation
responsible for repaying all amounts due. If more than one person is
method
as
follows:
responsible for this Account, we will only provide billing statements and
We start with the beginning balance on your Account each day (including
communications one of you.
unpaid
Charges
and
fees).
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. you want to revoke the use of your Account by an authorized
balance as zero balance) and add new purchases and debit adjustments
user, either write us at the address, or call us at the phone number, shown
posted as of that day. This gives us the "Partial Daily Balance" for the day.
on
your
Statement
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You agree pay for all transactions made on your Account by an authorized
Rate of Finance Charge. This gives us the "Daily Finance Charge" for the
user. whether or not such transaction were authorized by you or made for
day, which we add to the day's Partial Daily Balance
your benefit
We've now determined the "Daily Balance, which will be the beginning
Card signature (as applicable)
balance for the following day This results in daily compounding of interest
For your own protection please sign your Card before using it. Keep in mind that
charges.
your signature on the Card isn't a prerequisite to your obligation to pay amounts
At the end of each Billing Period we add together each Credit Plan's Daily
incurred
Finance Charge, which gives us the total Account Finance Charge.
on
your
Using your Credit Card Account
Your Statement will show Balance Subject to Interest Rate. which is the sum of
Your Account may used to make purchases from H3 WellnesPlus Card
the Daily Balance for each day in the Billing Period divided by the total number
of days.
filiated offices and other retailers we may determine occasionally by
Rates
notifying you via electronic mail, statement message, website posting, or
other method.
The Index in effect for each Billing Period will be the highest "Prime Rate"
We may not honor transactions related to. including, but not limited to,
of interest as published in the "Money Rates" section of The Wall Street
gambling ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month which the Billing
Making payments
Period begins, rounded upward necessary to the nearest .001% ("Index"
Pay your Account by sending a check, money order, or cashier's check
An decrease in the APR will result in corresponding increase or
payable in U.S. dollars. to the name and address shown on your Statement
decrease in the amount of Finance Charge and may increase the amount of
specified for payments. Please don't send cash.
your payment due
Other fees and charges
Be sure to include your payment stub, do not staple your payment to the
stub, and use the envelope provided with your Statement
You agree to pay the following fees and charges:
If your payment doesn't meet these requirements may not be credited to
Late Fee: If you don't pay at least the Minimum Payment Due by the
your Account for up to five days or may be rejected
Payment Due Date, we will charge you late fee.
Any check marked "payment in full" with similar terms be sent to
o The fee $25 you were not charged late fee during any of the
6550 North Loop 1604 East Suite 101. San Antonio Texas 78247-5004
prior six billing periods
We can accept such checks or late or partial payments without
o
o
therwise. the fee $35.
o
losing our right to receive the full amount owed on your Account.
This fee will never exceed the minimum payment due that was
Please don't send any correspondence with your payment.
due immediately prior to the date on which the fee assessed
B. Keeping your account in good standing
Returned Payment Fee: We may charge you fee for each payment that your
bank
doesn't
honor
for
any
reason.
Avoiding default
o
The fee is $25 you were not charged returned payment fee
You'll be in default under this Agreement if you:
during any of the prior six billing periods
fail to make at least the Total Minimum Payment Due
o
Otherwise, the fee $35.
violate any provision of this Agreement
o
This fee will never exceed the minimum payment due that was
pass
away
due immediately prior to the date on which the fee was assessed
become the subject of bankruptcy or insolvency proceedings
Although we may decide to do so. we aren't required to attempt to collect
supply US with misleading, false. complete or incorrect information
payment
more
than
unable unwilling to perform the terms conditions of this Agreement
Document Fees: we provide you with copy of any Statement sales draft
fail supply with any information deem necessary
or similar document at your request (except in connection with billing error
default under any other loan or agreement you have with us or any of our
inquiries or resolution) charge the Account the following fee(s):
affiliates
o
Statement copy $6.00
become incompetent
o
Sales/Credit Draft copy $6.00
exceed your credit limit
Check/Money Order copy $6.00
issue payment returned unpaid by your bank for any reason
Alternative Payment Method Fee: We may offer alternative payment methods
If we consider your account in default, we may suspend your ability to
make
that allow you to make individual, expedited payments to your Account over
charges; close your account and require you pay the full amount you owe
the phone. If you choose to use this payment method, we may assess the
immediately applicable law requires us so we'll tell you in advance and/
current
fee
we
charge
for
this
service.
Currently,
that
fee
up
$15.00
or give you the opportunity to remedy your default.
but may change We 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
I. Arbitration and jury trial waiver
Collection Costs
A. Jury Trial Waiver
As permitted under applicable law, you agree to pay the reasonable costs for
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE A
collecting amounts due, including reasonable attorney's fees and court costs
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF
incurred by us or another person or entity.
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL NOT
Changes
ARBITRATION PROVISION BELOW (INCLUDING THE JURY T
We may add, change, or delete the terms of your Account If required by law,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT
we will give you advance written notice of the change(s) and right to reject
the
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
change(s).
B. Notice and Cure
Security Interest
Prior to bringing lawsuit or initiating an arbitration that asserts
You grant security interest in all goods you purchase through the use of the
out of or related to this Agreement (as further defined below 'Cla
ccount,
now
any
time
the
future
and
to
and
asserti ng the Claim (the "Claimant ") shall give the other party (the
of such goods We waive any security interest we may have your principal
written notice the Claim (a "Claim Notice and reasonable
dwelling, to the extent that it would otherwise secure any obligation arising
less
than
30
days,
to
resolv
the
Claim.
Any
Claim
Notice
to
you
hereunder
in
writing
to
the
we
have
our
records
(or
Changes to your information
subsequently
provide
to
us)
Any
Claim
Notice
to
us
shall
be
Please notify us immediately of any changes to your name or address.
Comenity Capita Bank, PO Box 182436. Columb Ohio 43218
Governing Law
updated address subsequently provide). Any Claim Notice
THIS
AGREEMENT
IS
GOVERNED
BY
UTAH
AND
APPI
LICABLE
FEDERAL
provide
name
address
and
account
number.
Any
Claim
Notic
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
the nature of the Claim and the relief that demanded You may
PERMITTED OR REQUIRED BY APPLICABLE LAW.
Claim Notice on your behalf and not on behalf of any other
Transfer of Rights/Assignment
party, other than lawyer you have personally retained, may su
Your
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
Notice on your behalf The Claimant reasonably cooperate
law
or otherwise, but your obligations will be binding upon your estate or personal
information about the Claim that the other party reasonably reque
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
C. Arbitration Provision
Agreement
or any of our rights under this Agreement, to another person or entity at any time
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO
without prior notice to you or your consent.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH
No
Waiver
of
Rights
C.1. BELOW, IT WILL BE PART OF THIS AGREEMENT AND
SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLV
We delay enforcing our rights under this Agreement without losing them.
WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN
Severability
1. Your Right to Reject: If you don't want this Arbitration Prov
If any provision of this Agreement is in conflict with applicable law, that provision
will
be
considered
to
be
modified
to
conform
with
prior arbitration agreement between you and us ("Prior Arbitration
applicable
law.
to
apply,
you
may
reject
by
mailing
us
written
rejection
notice
F. Disputes & Reporting to Credit Agencies
name of each Cardholder and contains statement that you (both
Credit Reports
than one) reject the Arbitration Provision of this The
You give us permission to investigate your credit record
must sent to at Comenity Capital Bank, PO Box 182422
You agree that credit report may be requested in connection with the
43218-2422. rejection notice only effective signed by
processing
of
your
credit
application.
A
report
may
also
be
requested
in
if more than one) and if we receive it within thirty (30) calenda
connection with credit extension, credit limit request Account renewal or
date first provide you with credit card agreement or written no
update.
Account
collection
action.
or
dispute
investigation.
you right to reject this Arbitration Provision. Your rejection of t
You understand that we may report negative information (such as, late
Provision will not affect any other provision of this Agreement or
payments, missed payments, or other defaults) about your account to credit
obtain credit.
bureaus.
2. Parties Subject to Arbitration: Solely as used in this Arbitra
You give us permission to provide information about your Account to credit
(and
not
elsewhere
in
this
Agreement),
the
terms
and
bureaus and other creditors, as well as to the retailer whose name appears
Comenity Capital Bank any parent, subsidiary or affiliate of the
on your Card.
employees,
officers
and
directors
of
such
companies
(the
'Bank
Credit report disputes
(b) any other person company that provides any
If
you
believe
the
account
information
we
reported
to
a
consumer
reporting
this Agreement you assert Claim against such other person
agency inaccu rate you may submit direct dispute to Comenity Capital Bank,
same time you assert Claim against any Bank Party
PO
Box
182120
Columbus
Ohio
3.
43218-2120.
Covered
Claims:
"Claim"
means
any
claim,
dispute
or
contro
written dispute must provide sufficient information to identify the account
you and in any way arises from or relates to this Agreement
and specify why the information is inaccurate:
the issuance of any Card, any rewards program, any prior agreeme
Account Information: Your name and account number
"Claim" includes disputes arising from actions or omissions pri
Contact Information: Your address and telephone number
any
Card
issued
to
you,
includ
ng
the
advertising
related
to
Disputed Information Identify the account information disputed and
or approval of the Account "Claim" has the broadest possible
explain why you believe it inaccurate
includes
initial
claims
claims
and
third-
If
available
of
of
includes
disputes
based
upon
contract
tort
Supporting
provide
copy
the
section
the
rights,
credit report showing the account information you disputing
torts, statute. regulation, ordinance, con
We
will
investigate
the
disputed
information
and
report
the
results
to
within
equity
(including
any
claim
for
injunctive
or
declaratory
relief)
you
30 days of receipt of the needed for our investigation we find that
include disputes about the validity, inforceability,
the
account
information
this
we
reported
Provision
is
inaccurate
we
will
promptly
provide
the
Arbitration
any
part
thereof
(including,
without
necessary correction to each consumer reporting agency to which we reported
prohibition against class proceedings private attorney general pro
the information.
multiple
party
proceedings
described
in
Paragraph
C.7
(the
Your Billing Rights: Keep This Document For Future Use
Waiver' the last sentence of Paragraph C.13 and/or this sente
disputes
are
for
court
and
not
arbitrator
to
decide
However,
This notice tells you about your rights and our responsibilities under the Fair
Credit Billing Act
argument that concerns the validity or enforceability of the Agreem
What To Do If You Find Mistake On Your Statement
is
for
the
arbitrator,
not
court,
to
decide.
you there error on your atement, write to us at: Comenity Capital
4. Starting an Arbitration: Arbitration may be elected by any part
Bank PO Box 182620 Columbus. Ohio 43218 -2620
to any Claim that party has already initiated lawsuit wit
In your letter, give us the following mation
different Claim. Arbitration is started by giving written demand
to
the
other
party.
We
will
not
demand
to
arbitrate
Account Your name and account number
an
individual
Dollar amount: The dollar amount of the suspected error
bring against us small claims court or your state's equivalent CO
if that Claim is transferred removed or appealed to different
Description of problem: If you think there is an error on your bill describe
have the right to demand arbitration
what you believe is wrong and why you believe it mistake.
You must contact us:
5. Choosing the Administrator: "Administrator" means the Americ
Within 60 days after the error appeared on your statement
Association ("AAA"). 1633 Broadway 10th Floor. New York, NY
At least 3 business days before an automated payment is scheduled, if you
adr.org; JAMS at 620 Eighth Avenue, 34th Floor, New York, NY
want
stop
payment
on
the
jamsadi or any other company selected by mutual
amount
you
think
wrong.
If
both
and
JAMS
cannot
will
not
serve
and
the
You must notify us any potential errors writing. You may call us. but if you
parties
istrator
by
mutual
consent
the
do we not required to investigate any potential errors and you may have to pay
w
the
amount
by court. The arbitrator will be appointed by the Administrato
question
with
What Will Happen After We Receive Your Letter
the
rules
of
the
Adminis
the
arbitrator
must
former judge or lawyer with at least 10 years experience You
When receive your letter must do two things
Administrator
you give
us
written
notice
of
your
selection
with
1
Within 30 days of receiving your letter, we must tell you that we received
your letter. We will also tell you we have already corrected the error
electing to arbitrate any Claim or within 20 days after
that
we
electing
to
arbitrate
Claim
2
Within
of
receiving
letter
(or,
if
must
either
the
you
dispute
our
90
days
your
we
correct
error
or
explain
to
you
why
we
believe
the
bil
is
arbitration of the Claim, within 20 days after that dispute is fin
correct
If
not
has
you
do
not
select
the
Administrator
on
time,
we
While
been
may
do
it
No
we
investigate
whether
there
an
error:
We cannot try to collect the amount in question or report you as delinquent
any language this Arbitration Provision to the contrary, no
that
be
administered
without
the
consent
of
all
parties
to
the
arbit
on
amount
The charge question may remain on your statement, and we may continue
Administrator that has in place formal or informal policy that
with
the
Class
Action
Waiver
to
charge
you
interest
on
that
amount.
While you do not have to pay the amount in question, you are responsible for
6. Court and Jury Trials Prohibited: Other Limitations on Legal R
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE
the
remainder
of
your
balance
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE
We can apply any unpaid amount against your credit limit.
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE L
After we finish our investigation one of two things will happen:
If
we
made
mistake.
ARBITRATION THAN IN A LAWSUIT OTHER RIGHTS THAT YOU
You
will
not
have
to
pay
the
amount
in
question
or
any
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARE
interest or other fees related to that amount
7. Prohibition Against Certain Proceedings: YOU OR ELECT
If
we
do
not
believe
there
was
mistake:
You
will
have
to
pay
the
amount
A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A C
in question, along with icable interest and fees. We will send you a
statement
of
the
amount
you
owe
and
the
date
due.
We
IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS
payment
may
then
DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE
report you as delinquent if you do not pay the amount we think you owe.
PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION
If
you
receive
ou
explanation
but
still
believe
your
bill
wrong,
you
must
write
to within 10 days telling that you still refuse to pay. If you cannot
BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CO
WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERS
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill.
THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY
We must tell you the name of anyone to whom we reported you as delinquent
CLASS-WIDE TRATION PRIVATE ATTORNEY GENERAL ARB
must let those organizations know when the matter has been settled
MULTIPLE-PARTY ARBITRATION.
between
8. Location and Costs of Arbitration: Any arbitration hearing
th
If we do not follow all of the rules above, you do not have to pay the first $50 of
the
amount
question
even
your
bill
correct
must take place at location reasonably convenient to you. We wi
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
all fees of the Administrator and/or the arbitrator if applicable la
If
you
with
the
goods
services
that
to if you prevail in the arbitration or if we must bear such fees
you
have
purchased
with
Arbitration
Provision
to
be
enforced
If
you
demand
an
your credit card, and you have tried in good faith to correct the problem with the
arbitratio
merchant, you may have the right not to pay the remaining amount due on the
your reasonable and experts fees you prevail we
order for this Arbitration Provision to be enforced Also, we
purchase.
fees
use
this
right,
all
of
the
following
must
applicable
law
requires
us
to
To
be
true
9.
Governing
Law:
This
Arbitration
Provision
involves
interstate
1. The purchase must have been made in your home state or within 100 miles
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (th
of current mailing address. and the purchase price must have been
than $50. (Note: Neither of these are necessary if your purchase based or
not by any state arbitration law The arbitrator must apply applicab
law consistent with the FAA and applicable statutes of limitation
an advertisement we mailed to you, or if we own the company that sold you the
goods or services.
of privilege recognized at law. The arbitrator may award any ren
2.
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
by the substantive law that would apply if the action were per
including,
without
limitation
punitive
damages
which
shall
be
cash advances from an ATM or with check that accesses your credit card
not
the Constitutional standards employed by the courts) At the tim
account
qualify
3. You must not have fully paid for the purchase
eit ther party, the arbitrator must provide brief written explanatic
for
award.
the criteria above are met and you are still dissatisfied with the purchase,
10.
Right
to
Discovery
In
addition
to
the
parties'
writing
rights
to
ob
at:
pursuant
to
the
rules
of
the
Comenity Capital Bank
either
part
PO Box 182620 Columbus, Ohio 43218-2620
a written request to the arbitrator to expand the scope of disco
allowable
under
the
arbitration
rules
of
the
While we investigate. the same rules apply to the disputed amount as discussed
Administrator.
The
above.
After
we
finish
we
will
have discretion to grant deny that request
our
investigation,
tell
you
our
decision
At
that
point, we think you owe an amount and you do not pay, we may report you as
11. Arbitration Result and Right of Appeal: Judgment upon
delinquent
award may entered by any court having jurisdiction. The arbitr
is final and binding, except for any right of appeal provided by the
G. Optional Products
if the amount of the Claim exceeds $50,000 involves request
Credit insurance (as applicable)
or
declaratory
relief
that
could
foreseeably
involve
cost
or
benefit
Purchasing credit insurance optional If you do choose to carry credit insurance
exceeding $50,000, any party can. ithin 30 days after the entry
coverage,
the
premium
charge
will
be
added
to
your
Account
as
a
purchase
on
by
the
appeal
the
award
to
three
-arbitrator
panel
the last day of each Billing Period. can cancel your coverage at any time.
Administrator. The panel shall reconsider anew any aspect of the
Account Assure debt cancellation (as applicable)
requested by the appealing party. The decision of the panel shall
Purchasing Account Assure is optional.
vote Reference in this Arbitration Provision to "the arbitrator'
Your decisio not purchase Account Assure won't affect your
panel
an
appeal
of
the
arb
itrator's
decision
has
been
taken
The
application for credit the terms of any existing credit agreement you have
appeal will be borne in accordance with Paragraph C.8 above
with Comenity Capital Bank
12 Rules of Interpretation: This Arbitration Provision shall survive
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
of all amounts owed under this Agreement the closing of the
balance your Account each month and be added to your Statement
legal proceeding and any bankruptcy to the extent consistent
We'll provide additional information before you're required to pay for
bankruptcy law. In the event of conflict or inconsistency
Account Assure. This will include copy of the contract containing the
Arbitration
Provision
on
the
one
hand,
and
the
applicable
arbitratic
terms and conditions pertaining to Account Assure
other provis of this Agreement. on the other hand, this Arbitra
You can cancel your Account Assure at any time.
shall govern This Arbitration replaces any Prior Arbitratic
There
Arbitration
are
eligibility
requirements.
conditions.
and
exclusions
that
could
13.
Severability:
any
portion
of
this
Provision
other
prevent you from receiving benef its under Account Assure.
Action Waiver, deemed invalio or unenforceable the remaining
Be sure carefully read the contract for full explanation of the terms of
nevertheless
remain
in
force.
If
determination
made
that
the
Account Assure
Waiver only this sentence of the Arbitration A
H. Communicating with us
remain in force and the remaining provisions shall null
the the Class Action Waiver shall be sub
Communicating to you about your Account
14. Special Payment: If (1) you submit Claim Notice ac
we need to contact you to service your Account or to collect amounts you owe
Section of the Arbitration and jury trial waiver Provisions or yo
to us you give direct consent to us, as well as servicers, agents, contractors and
(and
not
on
behalf
of
any
other
party);
(2)
we
refuse
provide
you
collectors of your Account to communicate with you in any way, such as calling,
and (3) an arbitrator subsequently that
texting, or e-mail
to such relief (or greater relief), the arbitrator shall award you at
1)
a cell landline or text number you provide, use to contact us, or at
(plus any fees and costs to which you are entitled)
which we bei ieve we can reach you (even not yours),
2)
any email address you provide to us or one of our merchants.
3)
automated dialer systems and automatic telephone dialing systems
pre -recorded or artificial voice messages and other forms of
comenity
Comenity Capital Bank, Salt La
4)
communications
38413
You
also
agree
that
these
communications
aren't
unsolicited
for
purposes
of
any
state or federal law and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
mon
itored
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, inc luding anyone
acting your behalf or making payments on this Account
For Wisconsin residents:
If you are married, please contact us immediately upon receipt of this Agreement
at 1-855-269-1626 (TDD/TTY -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
Department, PO Box 183043 Columbus, OH 43218-3043
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method