IMPORTANT INFORMATION REGARDING ELECTRONIC COMMUNICATION
READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS
Prior to applying for a Marathon Visa® or Marathon Credit Card Account, Comenity Bank requests your consent to provide you important information electronically.
You understand and agree that Comenity Bank may provide you with all required application disclosures regarding your Marathon Visa® or Marathon Credit Card Account
application in electronic form. These disclosures include, but are not limited to, Credit Card Account Terms and Conditions, the Credit Card Account Agreement and
Customer Privacy Statement.
At your request, we will provide you with paper copies of these disclosures.
In order to receive electronic communications and to obtain the best view of these communications you will need access to the Internet, have a web browser which supports
HTML, SSL-encryption, JavaScript, CSS, the capability to download and print these disclosures, and Adobe Reader to view PDF files. You may download it for free from
Adobe. By selecting the "Submit" button, you confirm that your system meets these requirements and that you have the capability to access and download or print electronic
disclosures.
If you are browsing this site for informational purposes, you waive any liability for any damages you may incur for relying on the information contained in this
site.
We recommend that you retain a copy of these disclosures for your records.
If this is a kiosk, this kiosk will display the disclosures listed above. Printed copies can be obtained at the customer service desk.
Financial terms of your account
Interest Rates and Interest Charges
Annual Percentage Rate
24.99%, 20.99%, 16.99%
when you open your account based on your
(APR) for Purchases
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
25.99% This APR will vary with the market based on the Prime Rate.
and Cash Advances
Penalty APR and When it
29.99%.
Applies
This APR may be applied to your account if you fail to pay all of part of your minimum payment
due by the payment due date for three consecutive billing periods.
How Long Will the Penalty APR Apply?; If your APRs are increased for any of these reasons,
the Penalty APR will apply until you make six consecutive minimum payments when due.
Paying Interest
Your due date is at least 23 days after the close of each billing cycle. We will not charge you
interest on purchases if you pay your entire balance by the due date each month. We will begin
charging interest on cash advances and balance transfers on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
For Credit Card Tips from the
To learn more about factors to consider when applying for or using a credit card, visit the
Consumer Financial
website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 3% of the amount of the cash advance, per cash advance.
Convenience Check
The greater of $10 or 3% of the amount of the convenience check, per convenience check.
Foreign Transaction
Equal to 3% of each transaction in U.S. dollars.
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
How We Will Calculate Your Balance: We use a method called "daily balance (including new purchases)."
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.
APR Information: Tier 1: We add 21.74% to the Index (See Rates in Section 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 of;01/03/2014, for Tier 1 the initial APR was 24.99%
and the initialDaily Periodic Rate of FINANCE CHARGE was 0.06846%; Tier 2: We add 17.74% to the Index (See Rates in Section 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 of
01/03/2014, the initial APR was 20.99%, and the initial Daily Periodic Rate of FINANCE CHARGE was 0.05750%; Tier 3: We add 13.74% to the
Index (See Rates in Section 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 of;01/03/2014; the initial APR was 16.99% and the initial Daily Periodic Rate of FINANCE CHARGE was
0.04654%. We'll charge you a minimum FINANCE CHARGE of $2.00per credit plan for any Billing Period in which a Finance Charge is due. For
additional information, see Rates in Section D.
APR for Balance Transfers and Cash Advances: The Daily Periodic Rate of FINANCE CHARGEfor Balance Transfers and Cash Advances will
be computed by adding 22.74% to the Index, and dividing by 365 (corresponding APR will be the Index plus 22.74%). As of;01/03/2014; the Daily
Periodic Rate of FINANCE CHARGEfor Balance Transfers and Cash Advances was 0.07120%, and the corresponding APR was 25.99%.
Penalty APR Information: The Daily Periodic Rate of FINANCE CHARGE for the Penalty Rate applicable to your account is
0.08216%(corresponding APRof 29.99%). ;For additional information, see Penalty Rate in Section D.
Minimum Payment: The Minimum Payment is the total of minimum payments for Regular Revolving and Promotional Credit Plan purchases plus
any Past Due amounts. The total Minimum Payment Due on your account won't be less than $25.00. If your Account balance is less than $25.00,
you must pay the amount indicated on your Statement in full. The Minimum Payment Due for each Regular Revolving Credit Plan, will be:
The greater of:
(a) 1% of the New Balance, excluding any new Regular Revolving or Cash Revolving Credit Plan Finance Charges shown on the Statement; or
(b) $5.00
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance Charges shown on the Statement rounded up to the nearest $1.00
See Minimum Payment in Section C in the attached Agreement for Promotional Credit Plan Minimum Payment calculations.;
The APR information described in the attached Agreement is accurate as of 01/03/2014. Due to a change in the index, this information may have
changed. To find out more, call us at 1-866-308-0680 (TDD/TTY: 1-800-695-1788), or write us at Comenity Bank, PO Box 182273, Columbus, OH
43218-2273 or visit our website at comenity.net/marathon.
IMPORTANT INFORMATION ABOUT OPENING AN ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify
and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for
your name, address, date of birth or other information that will allow us to identify you. We may also ask to see your driver's license or other
identifying documents.
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting
agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this
law. California Residents: If you are married, you may apply for a separate account. New York Residents: A consumer credit report may be
ordered in connection with the processing of an application, or subsequently with the update, renewal or extension of credit. Upon your request, you
will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer-
reporting agency that furnished the report. New York residents may contact the New York state banking department to obtain a comparative listing
of credit card rates, fees, and grace periods. New York State Banking Department 1(800)518-8866. Rhode Island and Vermont Residents:A
consumer credit report may be ordered in connection with the processing of an application, or subsequently for purposes of review or collection
of
the account, increasing the credit line on the account, or other legitimate purposes associated with the account. Wisconsin Residents: No
provision of any marital property agreement, unilateral statement under Section 766.59 of the Wisconsin statutes or court order under Section
766.70 adversely affects the interest of the creditor, Comenity Bank, unless the Bank, prior to the time credit is granted is furnished a copy of the
agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the Bank is incurred.
If you have been preapproved, see below for details of your offer.
You can choose to stop receiving "prescreened" offers of credit from this and other
companies by calling toll-free 1-888-567-8688. See PRESCREEN & OPT-OUT NOTICE below
for more information about prescreened offers.
PRESCREEN & OPT-OUT NOTICE: This "prescreened" offer of credit is based on information in your credit report indicating that you
meet certain criteria. This offer is not guaranteed if you do not meet our criteria. If you do not want to receive prescreened offers of
credit from this and other companies, call the consumer reporting agencies toll-free, 1-888-567-8688; or write: Experian, PO Box 919,
Allen, TX 75013; TransUnion, PO Box 97328, Jackson, MS 39288; Equifax, PO Box 740123, Atlanta, GA 30374.
I
am applying to Comenity Bank for, and hereby request, a Marathon Visa® or Marathon Credit Card Account for personal, family or household use.
I hereby authorize Comenity Bank to investigate my credit record. The information that I have supplied is true and correct. I acknowledge that | am
a permanent resident of the United States. I agree that a credit report may be obtained for any lawful purpose, including in connection with the
processing of an application, or subsequently with the update, renewal or extension of credit. Upon my request, I will be informed of whether or not
a consumer credit report was ordered, and if it was, I will be given the name and address of the consumer-reporting agency that furnished the
report. I agree to be bound by the terms of the Credit Card Account Agreement. | acknowledge that I will receive a Credit Card Account Agreement
upon approval. | also acknowledge that there is no agreement between Comenity Bank and me until Comenity Bank approves my credit application
and accepts the Credit Card Account Agreement at its office in Delaware and that the Credit Card Account Agreement is deemed to be made in
Delaware. Cards are issued and credit is extended by Comenity Bank, Wilmington, Delaware.
PLEASE NOTE:
BY SUBMITTING THIS CREDIT APPLICATION, YOU ARE AGREEING TO THE FOLLOWING WITH RESPECT TO CERTAIN CONSUMER
INFORMATION ABOUT YOU.
You hereby authorize Comenity Bank ("us" or "we") to furnish our decision to issue an account to you to Marathon. You hereby authorize us to
furnish, if your application is approved, information concerning your account to credit bureaus, other creditors and Marathon.
Check your information before submitting. We cannot process any submission without a complete and accurate name, address, date of birth and
social security number. By submitting this Application you are acknowledging having read and understood the Important Rate, Fee and Other Cost
Information and, if approved, agreeing to be bound by them.
Your Marathon Visa® Credit Card Account Agreement
Comenity Bank issues this Marathon Credit Card Account, pursuant to a license by Visa U.S.A. Inc. This Agreement covers the Terms and
Conditions of your account with us. In this document, you will find important information about using and managing your account, including a
Privacy Statement and information concerning your billing rights. Your use of the account, or failure to close the account within the 30 days of
receiving this document, indicates your acceptance of the terms of this agreement, including the assessment of any finance charges and fees.
Section I of this agreement also includes a Jury Trial Waiver and an Arbitration provision in the event of a dispute.
You have a right to reject this Arbitration provision.
If
you do not reject this Arbitration provision, it will be part of this agreement and will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including your right to bring, join in or participate in class proceedings.
Please read each section carefully and keep this document for your records.
In the following sections, you will find information on:
Financial terms of your account: An at-a-glance summary of the fees and charges associated with your account
A. Getting Started: the basics of your account
B. Keeping your account in good standing: avoiding default, and what to do if your card is lost or stolen
C. Learning more about your account: credit plans and credit limits, and how payments are calculated and applied
D. Interest, fees and charges: when and how fees and costs are applied to your account
E. Other important information: legal rights, costs, and how we'll handle changes to your account
F. Disputes & Reporting to Credit Agencies: data we provide, and receive from, credit reporting agencies, and what to do if you think there is an
error on your periodic statement (or your credit report)
G. Optional Products: how to protect your account from fraud or theft, and information on services that can help pay your debt in case of
emergencies
H. Communicating with us: what happens when you contact us
I. Arbitration and jury trial waiver: how we'll resolve disagreements, including a jury trial waiver and Arbitration provision
Privacy statement: how we collect, use, share, and protect your personal information; and the privacy choices you can make
A. Getting Started
Definitions
In this Agreement, "We," "Us" and "Our" mean Comenity Bank. "You" and "Your" mean each person who submits an application for an account with
us. "Account" means your credit card account with us. "Card" means each credit card we issue for your Account. "Credit Plan" means one or more
payment program options Marathon may ask us to offer from time to time.
Upholding your Agreement
You agree to the terms of this Agreement, and promise to do everything required of you. If you sign or submit an application to obtain credit from
us, you'll be legally bound by this Agreement. You're also legally bound if you sign a charge slip, or permit someone else to use the credit
provided.
You agree that the credit extended under your Account will be used only for personal, family or household purposes and not for business or
commercial purpose.
If the Account is a joint Account, you and the joint Account holder will be bound by this Agreement. Each of you will be jointly and individually
responsible for repaying all amounts due. If more than one person is responsible for this Account, we will only provide billing statements and
communications to one of you.
Any authorized user of your Account will be bound by the terms of this Agreement. One additional Card may be issued with the individual name
of an authorized user embossed on the Card. If you want to revoke the use of your Account by an authorized user, either write us at the address,
or call us at the phone number, shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized user, whether or not such transactions were authorized by you or
made for your benefit.
Card signature
For your own protection, please sign your Card before using it. Keep in mind that your signature on the Card isn't a prerequisite to your obligation
to pay amounts incurred on your Account.
Using your Credit Card Account
Your Account may be used to make purchases from anywhere VISA is accepted.
We may not honor transactions related to, including, but not limited to, gambling, ATM usage at casinos, and illegal activities.
You may obtain a loan from us under your Account by using your Card or a convenience check as follows: by purchasing goods or services with
your Card or your Account number; by obtaining a cash advance from a financial institution, by use of an ATM; by using a convenience check;
or, by incurring charges authorized by this Agreement.
From time to time, in our sole discretion, we may send you convenience checks for use in borrowing under this Agreement. All convenience
checks you use will be treated as cash advances under this Agreement, and subject to the terms and fees that apply to cash advances, unless
we advise you otherwise.
You agree that convenience checks that you use will not be returned to you.
You may not use the convenience checks to make payments on any Comenity Bank Account.
You agree not to use a convenience check, and we do not have to pay any convenience check:
if you are in default under this Agreement;
if payment of that convenience check would cause your outstanding cash advance balance to exceed your cash advance limit; or
if we cancel or suspend your right to use convenience checks
From time to time, in our sole discretion, we may offer you the ability to transfer account balances from other credit card accounts you may have
to the Account. We may, in our sole discretion, offer promotional plans for such balance transfers.
You may use the Card to obtain cash advances through certain ATMs. You will be given a Personal Identification Number (PIN) which must be
used in order to obtain an ATM cash advance.
Some limitations on ATM cash advances may apply, such as limitations on dollar amount, number, or currency denominations.
You agree that any charges imposed by third parties for use of their ATM facilities will be added to your Account balance as a cash advance.
If
you make a purchase or obtain a cash advance in a foreign currency, it will be converted by VISA into U.S. dollars in accordance with VISA
Operating Regulations in effect at the time the transaction is processed.
The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
The currency conversion rate used may be the same as, greater than, or less than the amount that would be calculated by conversion through
a financial institution in the country in which the purchase or cash advance occurred.
Making payments
Pay your Account by sending a check, money order, or cashier's check payable in U.S. dollars, to the name and address shown on your
Statement specified for payments. Please don't send cash.
Be sure to include your payment stub, do not staple your payment to the stub, and use the envelope provided with your Statement.
If your payment doesn't meet these requirements, it may not be credited to your Account for up to five days, or may be rejected.
Any check marked "payment in full" or with similar terms must be sent to 6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004.
We can accept such checks or late or partial payments without losing our right to receive the full amount owed on your Account.
Please don't send any correspondence with your payment.
B. Keeping your account in good standing
Avoiding default
You'll be in default under this Agreement if you:
fail to make at least the Total Minimum Payment Due
violate any provision of this Agreement
pass away
become the subject of bankruptcy or insolvency proceedings
supply us with misleading, false, incomplete or incorrect information
are unable or unwilling to perform the terms or conditions of this Agreement
fail to supply us with any information we deem necessary
default under any other loan or agreement you have with us or any of our affiliates
become incompetent
exceed your credit limit
issue a payment returned unpaid by your bank for any reason
If we consider your account in default, we may suspend your ability to make charges; close your account and require you to pay the full amount
you owe immediately. If applicable law requires us to do so, we'll tell you in advance and/or give you the opportunity to remedy your default.
Reporting a lost or stolen card (as applicable)
If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you should write to us immediately at Comenity Bank,
PO Box 182273 Columbus, OH 43218-2273 or call us at 1-866-308-0680 (TDD/TTY: 1-800-695-1788). You will not be liable for any unauthorized
use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability
will not exceed $50.
C. Learning more about your account
Credit Plans
Your Account may consist of a non-promotional Credit Plan and one or more promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
If a promotional Credit Plan is offered at the time you open your account, this Agreement will include information about the terms for the Plan, by
use of an insert, attachment, or other written information provided as part of this Agreement.
Normal late payment charges, returned check charges and all other provisions apply to any promotional Credit Plan, unless inconsistent with a
particular Credit Plan offering.
If the promotional Credit Plan purchase isn't paid in full before the promotional period ends, the balance will be transferred to your non-
promotional Regular Revolving balance.
Credit Plans offered and their particular features (including but not limited to minimum purchase requirements and Minimum Payment) may vary
occasionally at our discretion and include one or more Regular Revolving or Promotional Credit Plans. Regular Revolving Credit Plans are your
non-promotional purchases using the Card. Promotional Credit Plans may include:
Waive Interest, Payment Required
Waive Interest, Equal Payment
Waive Interest, Low Payment
Defer Interest, Equal Payment
Defer Interest, Payment Required
Defer Interest, Low Payment
Low APR, Equal Payment
Budget Payment
Skip-payment option
At our discretion, we may allow you to skip making the Minimum Payment.
Finance Charges will be assessed during the skip-payment period, but a late fee won't be imposed. This will not be considered a waiver of any
of the rights granted by this Agreement.
All other terms of your Account apply during the skip-payment period.
Credit limit
Your Credit Limit is the total maximum amount we permit you to owe us at any time.
You may not exceed any credit limit that we set for your Account.
If you do exceed your Credit Limit, we can still charge you for all purchases, Finance Charges and other charges without giving up any of our
rights under this Agreement.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account. You're still obligated to pay the full amount you owe us.
We may cancel your Account at any time, for any reason.
We may refuse to authorize any purchase, convenience check, or cash advance on your Account. We may also suspend your Account and your
right to use your Card, including each Card you give to others.
We may cancel any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn't negate your obligation to pay any amount you owe us.
Cancellation of your Account includes each Card you give to others.
Cards are issued with an expiration date. We have the right not to renew your Account.
Minimum Payment
You can pay all of your Account balance at any time without penalty.
You must pay at least the Minimum Payment Due for each Billing Period by the Payment Due Date shown on your Statement.
The Minimum Payment is the total of the minimum payments for the Regular Revolving and Promotional Credit Plans plus any Past Due
amounts.
The total Minimum Payment Due on your account won't be less than $25.00. If your Account balance is less than $25.00, you must pay the
amount indicated on your Statement in full.
The Minimum Payment Due for each Promotional Plan is calculated as follows:
The minimum payments for Waive Interest, Payment Required and Defer Interest, Payment Required Promotional Credit Plans will be the
greater of:
(a) $5.00; or
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance shown on your Statement for that Credit Plan.
The minimum payment for the Waive Interest, Equal Payment and Defer Interest, Equal Payment Credit Plans will be the amount of the
purchase divided by the number of months between the date of the purchase and the promotional period end date (minimum $5.00) rounded
up to the nearest $1.00.
The minimum payment for the Low APR, Equal Payment Credit Plan will be the amount of the purchase including the calculated finance
charges that will be assessed from the date of purchase through the end of the promotional period divided by the number of months between
the date of the purchase and the promotional period end date (minimum $5.00) rounded up to the nearest $1.00.
The minimum payment for the Waive Interest, Low Payment and Defer Interest, Low Payment will be the greater of:
(a) $5.00 or
(b) 1% (rounded up to the nearest $1.00) of the New Balance shown on your Statement for that Credit Plan
Payment application
We reserve the right to apply payments equal to or less than the required minimum amount however we see fit, which may result in balances
subject to lower interest rates being paid prior to other balances. This may also result in higher interest charges.
Any payment you make in excess of the required Minimum Payment Due will be allocated to your Account as required by applicable law.
Excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance first in the last
two billing cycles of the promotional period.
D. Interest, fees and charges
Finance Charges
There is no period in which you can pay back a cash advance, any other transaction treated as a cash advance under this Agreement, or a
balance transfer to avoid incurring a Finance Charge. For a cash advance using a convenience check, the date of the advance is the date the
convenience check is presented to us or our agent for payment. For all other cash advances, the date of the advance is the date you obtained
the advance.
If you make a purchase under a Regular Revolving Credit Plan, Finance Charges won't be imposed in any Billing Period in which (i) no Previous
Balance exists or (ii) payments received and credits issued by the Payment Due Date, which is at least 23 days after the Statement Closing
Date shown on your last Statement, equal or exceed the Previous Balance.
If the New Balance shown on your last Statement isn't paid in full by the Payment Due Date shown on your last Statement, there will be a
Finance Charge on each purchase from the date of purchase.
If you make a purchase under any Waive Interest Promotional Credit Plan, we won't charge Finance Charges on the purchase if you pay the
total purchase amount before the end of the promotional period. If you don't pay the total purchase amount before the end of the promotional
period, we'll add the remaining amount to your Regular Revolving balance. We'll also begin charging Finance Charges on the purchase from the
first day after the promotional period ends.
If you make a purchase under any Defer Interest Promotional Credit Plan and don't pay the total amount before the end of the promotional
period, we'll add the remaining purchase amount and the amount of accrued Finance Charges to your Regular Revolving balance.
If you make a purchase under a Low APR, Equal Payment Credit Plan, Finance Charges will be assessed from the date of purchase through the
end of the promotional period.
How we calculate Finance Charges on your Account
We calculate Finance Charges separately for each Credit Plan, using a "Daily Balance" to determine Finance Charges for each Billing Period. Our
calculation method is as follows:
We start with the beginning balance on your Account each day (including unpaid Finance Charges and fees).
We subtract any payments or credit adjustments (treating any net credit balance as a zero balance) and add new purchases and debit
adjustments posted as of that day. This gives us the "Partial Daily Balance" for the day.
We then multiply the Partial Daily Balance for the day by the Daily Periodic Rate of Finance Charge. This gives us the "Daily Finance Charge" for
the day, which we add to the day's Partial Daily Balance.
We've now determined the "Daily Balance," which will be the beginning balance for the following day. This results in daily compounding of
interest charges.
At the end of each Billing Period, we add together each Credit Plan's Daily Finance Charge, which gives us the total Account Finance Charge.
Your Statement will show a Balance Subject to Interest Rate, which is the sum of the Daily Balance for each day in the Billing Period divided by
the total number of days.
Rates
The Index in effect for each Billing Period will be the highest "Prime Rate" of interest as published in the "Money Rates" section of The Wall
Street Journal for the calendar month preceding the month in which the Billing Period begins, rounded upward if necessary, to the nearest .001%
("Index").
An increase or decrease in the APR will result in a corresponding increase or decrease in the amount of Finance Charge and may increase the
amount of your minimum payment due.
Penalty Rate
If you fail to pay all or part of your Minimum Payment Due by the Payment Due Date shown on your Statement for three consecutive Billing
Periods, we may apply a penalty APR ("Penalty Rate") to the existing balance of your Account and to all new purchases.
We will provide you notice of this rate increase, when it will apply to your account, and for how long it will apply to your account, as required by
applicable law.
The Penalty Rate will apply to your Account until such time as any delinquency is cured and your account is kept in a current and satisfactory
status for six (6) consecutive billing periods. On the seventh billing period the Penalty Rate will no longer apply and your Account will be subject
to the Daily Periodic Rate of Finance Charge and corresponding APR.
If you fail to make your required minimum monthly payments during the Penalty period, the Penalty Rate will continue to apply. Your monthly
statement will disclose the applicable Penalty Rate for the Billing Period and are incorporated herein by reference.
Other fees and charges
You agree to pay the following fees and charges:
Late Fee: If you don't pay at least the Minimum Payment Due by the Payment Due Date, we will charge you a late fee.
The fee is $25 if you were not charged a late fee during any of the prior six billing periods.
Otherwise, the fee is $35.
This fee will never exceed the minimum payment due that was due immediately prior to the date on which the fee was assessed.
Returned Payment Fee: We may charge you a fee for each payment that your bank doesn't honor for any reason.
The fee is $25 if you were not charged a returned payment fee during any of the prior six billing periods.
Otherwise, the fee is $35.
This fee will never exceed the minimum payment due that was due immediately prior to the date on which the fee was assessed.
Although we may decide to do so, we aren't required to attempt to collect a payment more than once.
Document Fees: If we provide you with a copy of any Statement, sales draft or similar document at your request (except in connection with
billing error inquiries or resolution), we may charge the Account the following fee(s):
Statement copy - $6.00
Sales/Credit Draft copy - $6.00
Check/Money Order copy - $6.00
Alternative Payment Method Fee: We may offer alternative payment methods that allow you to make individual, expedited payments to your
Account over the phone. If you choose to use this payment method, we may assess the current fee we charge for this service. Currently, that fee
is up to $15.00 but may change. We'll let you know the current fee before you authorize any payment(s), and you can withdraw your request if
you don't want to pay the fee.
Cash Advance Fee: For any cash advance obtained in person from a financial institution or through an ATM, you will pay a transaction fee
equal to the greater of $10.00 or 3% of the amount of the cash advance, per cash advance. You take a cash advance if you use a convenience
check; get money through an automated teller machine (ATM); or get money through a financial institution".
Convenience Check Fee: For any convenience check written against your Account you will pay a transaction fee equal to the greater of $10.00
or 3% of the amount of the convenience check, per convenience check.
Balance Transfer Fee: For any balance transfer from another account, you will pay a transaction fee equal to the greater of $10.00 or 3% of the
amount of the balance transfer.
Foreign Transaction Fee: For any charge or cash advance outside the US, you will pay a Foreign Transaction Fee equal to 3% of the US dollar
amount of the foreign transaction. If a charge or cash advance made outside of the US is converted into US dollars our network providers (Visa,
MasterCard, and Discover) will select either (1) a rate from the range of rates available in wholesale currency markets for the applicable central
processing date, which may vary from the rate the network provider itself receives, or (2) a government-mandated rate in effect for the applicable
central processing date.
Return Convenience Check Fee: You also agree to pay a fee of up to $35.00 for each convenience check written against your Account which
fails to clear and is returned unsatisfied.
You agree to pay a fee of up to $35.00 for each convenience check written against your Account on which we stop payment at your request.
E. Other Important Information
Collection Costs
As permitted under applicable law, you agree to pay the reasonable costs for collecting amounts due, including reasonable attorney's fees and
court costs incurred by us or another person or entity.
Changes
We may add, change, or delete the terms of your Account. If required by law, we will give you advance written notice of the change(s) and a right
to reject the change(s).
Security Interest
You grant us a security interest in all goods you purchase through the use of the Account, now or at any time in the future and in all accessions to
and proceeds of such goods. We waive any security interest we may have in your principal dwelling, to the extent that it would otherwise secure
any obligation arising hereunder.
Changes to your information
Please notify us immediately of any changes to your name or address.
Governing Law
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE
REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW.
Transfer of Rights/Assignment
Your rights under this Agreement can't be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate
or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another
person or entity at any time without prior notice to you or your consent.
No Waiver of Rights
We can delay enforcing our rights under this Agreement without losing them.
Severability
If
any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified to conform with applicable law.
F. Disputes & Reporting to Credit Agencies
Credit Reports
You give us permission to investigate your credit record.
You agree that a credit report may be requested in connection with the processing of your credit application. A report may also be requested
in
connection with a credit extension, credit limit request, Account renewal or update, Account collection action, or dispute investigation.
You understand that we may report negative information (such as, late payments, missed payments, or other defaults) about your account to
credit bureaus.
You give us permission to provide information about your Account to credit bureaus and other creditors, as well as to the retailer whose name
appears on your Cards.
Credit report disputes
If you believe the account information we reported to a consumer reporting agency is inaccurate, you may submit a direct dispute to Comenity
Bank, PO Box 182789, Columbus, OH 43218-2789. Your written dispute must provide sufficient information to identify the account and specify why
the information is inaccurate:
Account Information: Your name and account number
Contact Information: Your address and telephone number
Disputed Information: Identify the account information disputed and explain why you believe it is inaccurate
Supporting Documentation: If available, provide a copy of the section of the credit report showing the account information you are disputing
We will investigate the disputed information and report the results to you within 30 days of receipt of the information needed for our investigation. If
we find that the account information we reported is inaccurate, we will promptly provide the necessary correction to each consumer reporting
agency to which we reported the information.
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at: Comenity Bank, PO Box 182782, Columbus, OH 43218-2782
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you
may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the
error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you
a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think
you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do
so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If
all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Comenity Bank
PO Box 182782, Columbus, OH 43218-2782
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
G. Optional Products
Credit insurance (as applicable)
Purchasing credit insurance is optional. If you do choose to carry credit insurance coverage, the premium charge will be added to your Account as
a purchase on the last day of each Billing Period. You can cancel your coverage at any time.
Account Assure Pro debt cancellation (as applicable)
Purchasing Account Assure Pro is optional.
Your decision whether or not to purchase Account Assure Pro won't affect your application for credit or the terms of any existing credit
agreement you have with Comenity Bank.
The monthly fee for Account Assure Pro is based on the outstanding monthly balance on your Account each month and will be added to your
Statement.
We'll provide additional information before you're required to pay for Account Assure Pro. This will include a copy of the contract containing the
terms and conditions pertaining to Account Assure Pro.
You can cancel your Account Assure Pro at any time.
There are eligibility requirements, conditions, and exclusions that could prevent you from receiving benefits under Account Assure Pro.
Be sure to carefully read the contract for a full explanation of the terms of Account Assure Pro.
H. Communicating with us
Communicating to you about your Account
If we need to contact you to service your Account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents,
contractors and collectors of your Account, to communicate with you in any way, such as calling, texting, or e-mail via:
1. a cell, landline, or text number you provide, use to contact us, or at which we believe we can reach you (even if it is not yours),
2. any email address you provide to us or one of our merchants,
3. automated dialer systems and automatic telephone dialing systems,
4. pre-recorded or artificial voice messages and other forms of communications.
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 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:
If you are married, please contact us immediately upon receipt of this Agreement at 1-866-308-0680 (TDD/TTY 1-800-695-1788) and provide us
with the name and address of your spouse. We are required to inform your spouse that we have opened a credit account for you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Bank should be sent to the following address: Comenity Bank, Bankruptcy
Department, PO Box 182125, Columbus, OH 43218-2125.
I. 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 to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to this Agreement (as further defined below, a
"Claim"), the party asserting the Claim (the "Claimant") shall give the other party (the "Defendant") written notice of the Claim (a "Claim Notice") and
a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing to the address we have in
our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Comenity Bank, PO Box
182436, Columbus, Ohio 43218-2436 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name,
address and account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a
Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained,
may
submit
a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the other party
reasonably requests.
C. Arbitration Provision
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH
PARAGRAPH C.1. BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU
OR
WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
1. Your Right to Reject: If you don't want this Arbitration Provision (and any prior arbitration agreement between you and us ("Prior
Arbitration Agreement")) to apply, you may reject it by mailing us a written rejection notice which gives the name of each
Cardholder and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement.
The rejection notice must be sent to us at Comenity Bank PO Box 182422, Columbus, OH 43218-2422. A rejection notice is only
effective if it is signed by you (all of you, if more than one) and if we receive it within thirty (30) calendar days after the date we
first provide you with a credit card agreement or written notice providing you a right to reject this Arbitration Provision. Your
rejection of this Arbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms "we," "us" and
"our" mean (a) Comenity Bank, any parent, subsidiary or affiliate of the Bank and the employees, officers and directors of such companies
(the "Bank Parties"); and (b) any other person or company that provides any services in connection with this Agreement if you assert a Claim
against such other person or company at the same time you assert a Claim against any Bank Party.
3. Covered Claims: "Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this
Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising
from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the
Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It
includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance,
common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity,
enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class
proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"),
the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any
dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
4.
Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit
with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to
arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is
transferred, removed or appealed to a different court, we then have the right to demand arbitration.
5.
Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York,
NY 10019, www.adr.org; JAMS is at 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; or any other company
selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an
Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in
accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of
experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate
any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require
arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it.
Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all
parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver.
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL
NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO
OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY
PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR
CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST
ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE
ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We
will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must
bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys' and
experts' fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if
applicable law requires us to.
9. Governing Law: This Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16
(the "FAA"), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable
statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that
would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional
standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis
for the award.
10. Right to Discovery: In addition to the parties' rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party
may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the
Administrator. The arbitrator shall have discretion to grant or deny that request.
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's award may be entered by any court having jurisdiction. The
arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds
$50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding
$50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel
administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The
decision of the panel shall be by majority vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the panel if an appeal of
the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with Paragraph C.8. above.
12.
Rules of Interpretation: This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the
Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or
inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other provisions of this
Agreement, on the other hand, this Arbitration Provision shall govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
13. Severability: If any portion of this Arbitration Provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the
remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this
sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the
determination concerning the Class Action Waiver shall be subject to appeal.
14. Special Payment: If (1) you submit a Claim Notice in accordance with Section B of the Arbitration and jury trial waiver Provisions on your
own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently
determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100 (plus any fees and costs to
which you are entitled).
Your Marathon Credit Card Account Agreement
This Agreement covers the Terms and Conditions of your account with us. In this document, you will find important information about using and
managing your account, including a Privacy Statement and information concerning your billing rights. Your use of the account, or failure to close
the account within the 30 days of receiving this document, indicates your acceptance of the terms of this agreement, including the assessment of
any finance charges and fees.
Section I of this agreement also includes a Jury Trial Waiver and an Arbitration provision in the event of a dispute.
You have a right to reject this Arbitration provision.
If you do not reject this Arbitration provision, it will be part of this agreement and will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including your right to bring, join in or participate in class proceedings.
Please read each section carefully and keep this document for your records.
In the following sections, you will find information on:
Financial terms of your account: An at-a-glance summary of the fees and charges associated with your account
J. Getting Started: the basics of your account
K. Keeping your account in good standing: avoiding default, and what to do if your card is lost or stolen
L. Learning more about your account: credit plans and credit limits, and how payments are calculated and applied
M. Interest, fees and charges: when and how fees and costs are applied to your account
N. Other important information: legal rights, costs, and how we'll handle changes to your account
O. Disputes & Reporting to Credit Agencies: data we provide, and receive from, credit reporting agencies, and what to do if you think there is an
error on your periodic statement
P. Optional Products: how to protect your account from fraud or theft, and information on services that can help pay your debt in case of
emergencies
Q. Communicating with us: what happens when you contact us
R. Arbitration and jury trial waiver: how we'll resolve disagreements, including a jury trial waiver and Arbitration provision
Privacy statement: how we collect, use, share, and protect your personal information; and the privacy choices you can make
Financial terms of your account
Interest Rates and Interest Charges
Annual Percentage Rate
24.99%
This APR will vary with the market based on the Prime Rate.
(APR) for Purchases
Penalty APR and When it
29.99%
Applies
This APR may be applied to your account if you fail to pay all of part of your minimum payment
due by the payment due date for three consecutive billing periods.
How Long Will the Penalty APR Apply?; If your APRs are increased for any of these reasons,
the Penalty APR will apply until you make six consecutive minimum payments when due.
How to Avoid Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not 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.
For Credit Card Tips from the
To learn more about factors to consider when applying for or using a credit card, visit the
Consumer Financial
website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
How We Will Calculate Your Balance: We use a method called "daily balance (including new purchases)."
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.
APR Information: We add 21.74% to the Index (See Rates in Section 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 of 01/03/2014, the initial APR was 24.99% and the initial
Daily
Periodic Rate of FINANCE CHARGE was 0.06846%. We'll charge you a minimum FINANCE CHARGE of $2.00 per credit plan for any Billing
Period in which a Finance Charge is due. For additional information, see Rates in Section D.
Penalty APR Information: The Daily Periodic Rate of FINANCE CHARGE for the Penalty Rate is 0.08216%(corresponding APRof 29.99%). For
additional information, see Penalty Rate in Section D.
Minimum Payment: The Minimum Payment is the total of minimum payments for Regular Revolving and Promotional Credit Plan purchases plus
any Past Due amounts. The total Minimum Payment Due on your account won't be less than $25.00. If your Account balance is less than $25.00,
you must pay the amount indicated on your Statement in full. The Minimum Payment Due for each Regular Revolving Credit Plan, will be the
greater of:
(a) $5.00; or
(b) 5% of the New Balance shown on your Statement for that Credit Plan (rounded up to the nearest $1.00).
See Minimum Payment in Section C in the attached Agreement for Promotional Credit Plan Minimum Payment calculations.
The APR information described in the attached Agreement is accurate as of 01/03/2014. Due to a change in the index, this information may have
changed. To find out more, call us at 1-866-308-5730 (TDD/TTY: 1-800-695-1788), or write us at Comenity Bank, PO Box 182273, Columbus, OH
43218-2273 or visit our website at comenity.net/marathoncard.
J. Getting Started
Definitions
In
this Agreement, "We," "Us" and "Our" mean Comenity Bank. "You" and "Your" mean each person who submits an application for an account with
us. "Account" means your credit card account with us. "Card" means each credit card we issue for your Account (as applicable). "Credit Plan"
means one or more payment program options Marathon may ask us to offer from time to time.
Upholding your Agreement
You agree to the terms of this Agreement, and promise to do everything required of you. If you sign or submit an application to obtain credit from
us, you'll be legally bound by this Agreement. You're also legally bound if you sign a charge slip, or permit someone else to use the credit
provided.
You agree that the credit extended under your Account will be used only for personal, family or household purposes and not for business or
commercial purpose.
If the Account is a joint Account, you and the joint Account holder will be bound by this Agreement. Each of you will be jointly and individually
responsible for repaying all amounts due. If more than one person is responsible for this Account, we will only provide billing statements and
communications to one of you.
Any authorized user of your Account will be bound by the terms of this Agreement. If you want to revoke the use of your Account by an
authorized user, either write us at the address, or call us at the phone number, shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized user, whether or not such transactions were authorized by you or
made for your benefit.
Card signature (as applicable)
For your own protection, please sign your Card before using it. Keep in mind that your signature on the Card isn't a prerequisite to your obligation
to pay amounts incurred on your Account.
Using your Credit Card Account
Your Account may be used to make purchases from Marathon and other retailers we may determine occasionally by notifying you via electronic
mail, statement message, website posting, or other method.
We may not honor transactions related to, including, but not limited to, gambling, ATM usage at casinos, and illegal activities.
Making payments
Pay your Account by sending a check, money order, or cashier's check payable in U.S. dollars, to the name and address shown on your
Statement specified for payments. Please don't send cash.
Be sure to include your payment stub, do not staple your payment to the stub, and use the envelope provided with your Statement.
If your payment doesn't meet these requirements, it may not be credited to your Account for up to five days, or may be rejected.
Any check marked "payment in full" or with similar terms must be sent to 13526 Nacogdoches Rd., San Antonio, Texas 78217-1274
We can accept such checks or late or partial payments without losing our right to receive the full amount owed on your Account.
Please don't send any correspondence with your payment.
K. Keeping your account in good standing
Avoiding default
You'll be in default under this Agreement if you:
fail to make at least the Total Minimum Payment Due
violate any provision of this Agreement
pass away
become the subject of bankruptcy or insolvency proceedings
supply us with misleading, false, incomplete or incorrect information
are unable or unwilling to perform the terms or conditions of this Agreement
fail to supply us with any information we deem necessary
default under any other loan or agreement you have with us or any of our affiliates
become incompetent
exceed your credit limit
issue a payment returned unpaid by your bank for any reason
If you don't pay at least the Minimum Payment Due each time you receive a Statement, we may require you to pay the full amount you owe
immediately. If applicable law requires us to do so, we'll tell you in advance and/or give you the opportunity to remedy your default.
Reporting a lost or stolen card (as applicable)
If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you should write to us immediately at Comenity Bank,
PO Box 182273, Columbus, OH 43218-2273 or call us at 1-866-308-5730 (TDD/TTY: 1-800-695-1788). You will not be liable for any unauthorized
use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability
will not exceed $50.
L. Learning more about your account
Credit Plans
Your Account may consist of a non-promotional Credit Plan and one or more promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
If a promotional Credit Plan is offered at the time you open your account, this Agreement will include information about the terms for the Plan, by
use of an insert, attachment, or other written information provided as part of this Agreement.
Normal late payment charges, returned check charges and all other provisions apply to any promotional Credit Plan, unless inconsistent with a
particular Credit Plan offering.
If the promotional Credit Plan purchase isn't paid in full before the promotional period ends, the balance will be transferred to your non-
promotional Regular Revolving balance.
Credit Plans offered and their particular features (including but not limited to minimum purchase requirements and Minimum Payment) may vary
occasionally at our discretion and include one or more Regular Revolving or Promotional Credit Plans. Regular Revolving Credit Plans are your
non-promotional purchases using the Card. Promotional Credit Plans may include:
Waive Interest, Payment Required
Waive Interest, Equal Payment
Waive Interest, Low Payment
Defer Interest, Equal Payment
Defer Interest, Payment Required
Defer Interest, Low Payment
Low APR, Equal Payment
Budget Payment
Skip-payment option
At our discretion, we may allow you to skip making the Minimum Payment.
Finance Charges will be assessed during the skip-payment period, but a late fee won't be imposed. This will not be considered a waiver of any
of the rights granted by this Agreement.
All other terms of your Account apply during the skip-payment period.
Credit limit
Your Credit Limit is the total maximum amount we permit you to owe us at any time.
You may not exceed any credit limit that we set for your Account.
If you do exceed your Credit Limit, we can still charge you for all purchases, Finance Charges and other charges without giving up any of our
rights under this Agreement.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account. You're still obligated to pay the full amount you owe us.
We may cancel your Account at any time, for any reason.
We may refuse to authorize any purchase on your Account. We may also suspend your Account and your right to use your Card, including each
Card you give to others.
We may cancel any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn't negate your obligation to pay any amount you owe us.
Cancellation of your Account includes each Card you give to others.
Minimum Payment
You can pay all of your Account balance at any time without penalty.
You must pay at least the Minimum Payment Due for each Billing Period by the Payment Due Date shown on your Statement.
The Minimum Payment is the total of the minimum payments for the Regular Revolving and Promotional Credit Plans plus any Past Due
amounts.
The total Minimum Payment Due on your account won't be less than $25. If your Account balance is less than $25, you must pay the amount
indicated on your Statement in full.
The Minimum Payment Due for each Credit Plan is calculated as follows:
The minimum payments for Regular Revolving Credit Plans, Waive Interest, Payment Required and Defer Interest, Payment Required
Promotional Credit Plans will be the greater of:
(a) $5.00; or
(b) 5% (rounded up to the nearest $1.00) of the New Balance shown on your Statement for that Credit Plan.
The minimum payment for the Waive Interest, Equal Payment and Defer Interest, Equal Payment Credit Plans will be the amount of the
purchase divided by the number of months between the date of the purchase and the promotional period end date (minimum $5.00) rounded
up to the nearest $1.00.
The minimum payment for the Low APR, Equal Payment Credit Plan will be the amount of the purchase including the calculated finance
charges that will be assessed from the date of purchase through the end of the promotional period divided by the number of months between
the date of the purchase and the promotional period end date (minimum $5.00) rounded up to the nearest $1.00.
The minimum payment for the Waive Interest, Low Payment and Defer Interest, Low Payment will be the greater of:
(a) $5.00 or
(b) 1% (rounded up to the nearest $1.00) of the New Balance shown on your Statement for that Credit Plan.
Payment application
We reserve the right to apply payments equal to or less than the required minimum amount however we see fit, which may result in balances
subject to lower interest rates being paid prior to other balances. This may also result in higher interest charges.
Any payment you make in excess of the required Minimum Payment Due will be allocated to your Account as required by applicable law.
Excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance first in the last
two billing cycles of the promotional period.
M. Interest, fees and charges
Finance Charges
If you make a purchase under a Regular Revolving Credit Plan, Finance Charges won't be imposed in any Billing Period in which (i) no Previous
Balance exists or (ii) payments received and credits issued by the Payment Due Date, which is at least 25 days after the Statement Closing
Date shown on your last Statement, equal or exceed the Previous Balance.
If the New Balance shown on your last Statement isn't paid in full by the Payment Due Date shown on your last Statement, there will be a
Finance Charge on each purchase from the date of purchase.
If you make a purchase under any Waive Interest Promotional Credit Plan, we won't charge Finance Charges on the purchase if you pay the
total purchase amount before the end of the promotional period. If you don't pay the total purchase amount before the end of the promotional
period, we'll add the remaining amount to your Regular Revolving balance. We'll also begin charging Finance Charges on the purchase from the
first day after the promotional period ends.
If
you make a purchase under any Defer Interest Promotional Credit Plan and don't pay the total amount before the end of the promotional
period, we'll add the remaining purchase amount and the amount of accrued Finance Charges to your Regular Revolving balance.
If you make a purchase under a Low APR, Equal Payment Credit Plan, Finance Charges will be assessed from the date of purchase through the
end of the promotional period.
How we calculate Finance Charges on your Account
We calculate Finance Charges separately for each Credit Plan, using a "Daily Balance" to determine Finance Charges for each Billing Period. Our
calculation method is as follows:
We start with the beginning balance on your Account each day (including unpaid Finance Charges and fees).
We subtract any payments or credit adjustments (treating any net credit balance as a zero balance) and add new purchases and debit
adjustments posted as of that day. This gives us the "Partial Daily Balance" for the day.
We then multiply the Partial Daily Balance for the day by the Daily Periodic Rate of Finance Charge. This gives us the "Daily Finance Charge" for
the day, which we add to the day's Partial Daily Balance.
We've now determined the "Daily Balance," which will be the beginning balance for the following day. This results in daily compounding
of
interest charges.
At the end of each Billing Period, we add together each Credit Plan's Daily Finance Charge, which gives us the total Account Finance Charge.
Your Statement will show a Balance Subject to Interest Rate, which is the sum of the Daily Balance for each day in the Billing Period divided by
the total number of days.
Penalty Rate
If you fail to pay all or part of your Minimum Payment Due by the Payment Due Date shown on your Statement for three consecutive Billing
Periods, we may apply a penalty APR ("Penalty Rate") to the existing balance of your Account and to all new purchases.
We will provide you notice of this rate increase, when it will apply to your account, and for how long it will apply to your account, as required
by
applicable law.
The Penalty Rate will apply to your Account until such time as any delinquency is cured and your account is kept in a current and satisfactory
status for six (6) consecutive billing periods. On the seventh billing period the Penalty Rate will no longer apply and your Account will be subject
to the Daily Periodic Rate of Finance Charge and corresponding APR.
If you fail to make your required minimum monthly payments during the Penalty period, the Penalty Rate will continue to apply. Your monthly
statement will disclose the applicable Penalty Rate for the Billing Period and are incorporated herein by reference.
Other fees and charges
You agree to pay the following fees and charges:
Late Fee: If you don't pay at least the Minimum Payment Due by the Payment Due Date, we will charge you a late fee.
The fee is $25 if you were not charged a late fee during any of the prior six billing periods.
Otherwise, the fee is $35.
This fee will never exceed the minimum payment due that was due immediately prior to the date on which the fee was assessed.
Returned Payment Fee: We may charge you a fee for each payment that your bank doesn't honor for any reason.
The fee is $25 if you were not charged a returned payment fee during any of the prior six billing periods.
Otherwise, the fee is $35.
This fee will never exceed the minimum payment due that was due immediately prior to the date on which the fee was assessed.
Although we may decide to do so, we aren't required to attempt to collect a payment more than once.
Document Fees: If we provide you with a copy of any Statement, sales draft or similar document at your request (except in connection with
billing error inquiries or resolution), we may charge the Account the following fee(s):
Statement copy - $6.00
Sales/Credit Draft copy - $6.00
Check/Money Order copy - $6.00
Alternative Payment Method Fee: We may offer alternative payment methods that allow you to make individual, expedited payments to your
Account over the phone. If you choose to use this payment method, we may assess the current fee we charge for this service. Currently, that fee
is up to $15.00 but may change. We'll let you know the current fee before you authorize any payment(s), and you can withdraw your request if
you don't want to pay the fee.
N. Other Important Information
Collection Costs
As permitted under applicable law, you agree to pay the reasonable costs for collecting amounts due, including reasonable attorney's fees and
court costs incurred by us or another person or entity.
Changes
We may add, change, or delete the terms of your Account. If required by law, we will give you advance written notice of the change(s) and a right
to reject the change(s).
Security Interest
You grant us a security interest in all goods you purchase through the use of the Account, now or at any time in the future and in all accessions to
and proceeds of such goods. We waive any security interest we may have in your principal dwelling, to the extent that it would otherwise secure
any obligation arising hereunder.
Changes to your information
Please notify us immediately of any changes to your name or address.
Governing Law
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE
REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW.
Transfer of Rights/Assignment
Your rights under this Agreement can't be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate
or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another
person or entity at any time without prior notice to you or your consent.
No Waiver of Rights
We can delay enforcing our rights under this Agreement without losing them.
Severability
If any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified to conform with applicable law.
O. Disputes & Reporting to Credit Agencies
Credit Reports
You give us permission to investigate your credit record.
You agree that a credit report may be requested in connection with the processing of your credit application. A report may also be requested in
connection with a credit extension, credit limit request, Account renewal or update, Account collection action, or dispute investigation.
You understand that we may report negative information (such as, late payments, missed payments, or other defaults) about your account to
credit bureaus.
You give us permission to provide information about your Account to credit bureaus and other creditors, as well as to the retailer whose name
appears on your Cards.
Credit report disputes
If you believe the account information we reported to a consumer reporting agency is inaccurate, you may submit a direct dispute to Comenity
Bank, PO Box 182789, Columbus, OH 43218-2789. Your written dispute must provide sufficient information to identify the account and specify why
the information is inaccurate:
Account Information: Your name and account number
Contact Information: Your address and telephone number
Disputed Information: Identify the account information disputed and explain why you believe it is inaccurate
Supporting Documentation: If available, provide a copy of the section of the credit report showing the account information you are disputing
We will investigate the disputed information and report the results to you within 30 days of receipt of the information needed for our investigation.
If
we find that the account information we reported is inaccurate, we will promptly provide the necessary correction to each consumer reporting
agency to which we reported the information.
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If
you think there is an error on your statement, write to us at: Comenity Bank, PO Box 182782, Columbus, OH 43218-2782
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you
may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the
error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you
a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think
you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do
so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If
we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Comenity Bank
PO Box 182782, Columbus, OH 43218-2782
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
P. Optional Products
Credit insurance (as applicable)
Purchasing credit insurance is optional. If you do choose to carry credit insurance coverage, the premium charge will be added to your Account as
a purchase on the last day of each Billing Period. You can cancel your coverage at any time.
Account Assure Pro debt cancellation (as applicable)
Purchasing Account Assure Pro is optional.
Your decision whether or not to purchase Account Assure Pro won't affect your application for credit or the terms of any existing credit
agreement you have with Comenity Bank.
The monthly fee for Account Assure Pro is based on the outstanding monthly balance on your Account each month and will be added to your
Statement.
We'll provide additional information before you're required to pay for Account Assure Pro. This will include a copy of the contract containing the
terms and conditions pertaining to Account Assure Pro.
You can cancel your Account Assure Pro at any time.
There are eligibility requirements, conditions, and exclusions that could prevent you from receiving benefits under Account Assure Pro.
Be sure to carefully read the contract for a full explanation of the terms of Account Assure Pro.
Q. Communicating with us
Communicating to you about your Account
If we need to contact you to service your Account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents,
contractors and collectors of your Account, to communicate with you in any way, such as calling, texting, or e-mail via:
1. a cell, landline, or text number you provide, use to contact us, or at which we believe we can reach you (even if it is not yours),
2. any email address you provide to us or one of our merchants,
3. automated dialer systems and automatic telephone dialing systems,
4. pre-recorded or artificial voice messages and other forms of communications.
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 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
If you are married, please contact us immediately upon receipt of this Agreement at 1-866-308-5730 (TDD/TTY 1-800-695-1788) and provide us
with the name and address of your spouse. We are required to inform your spouse that we have opened a credit account for you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Bank should be sent to the following address: Comenity Bank, Bankruptcy
Department, PO Box 182125, Columbus, OH 43218-2125.
R. 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 to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to this Agreement (as further defined below, a
"Claim"), the party asserting the Claim (the "Claimant") shall give the other party (the "Defendant") written notice of the Claim (a "Claim Notice") and
a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing to the address we have in
our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Comenity Bank, PO Box
182436, Columbus, Ohio 43218-2436 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name,
address and account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a
Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit
a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the other party
reasonably requests.
C. Arbitration Provision
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH
PARAGRAPH C.1. BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR
WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
1. Your Right to Reject: If you don't want this Arbitration Provision (and any prior arbitration agreement between you and us ("Prior
Arbitration Agreement")) to apply, you may reject it by mailing us a written rejection notice which gives the name of each
Cardholder and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement.
The rejection notice must be sent to us at Comenity Bank PO Box 182422, Columbus, OH 43218-2422. A rejection notice is only
effective if it is signed by you (all of you, if more than one) and if we receive it within thirty (30) calendar days after the date we
first provide you with a credit card agreement or written notice providing you a right to reject this Arbitration Provision. Your
rejection of this Arbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms "we," "us" and
"our" mean (a) Comenity Bank, any parent, subsidiary or affiliate of the Bank and the employees, officers and directors of such companies
(the "Bank Parties"); and (b) any other person or company that provides any services in connection with this Agreement if you assert a Claim
against such other person or company at the same time you assert a Claim against any Bank Party.
3. Covered Claims: "Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this
Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising
from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the
Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It
includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance,
common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity,
enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class
proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"),
the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any
dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit
with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to
arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is
transferred, removed or appealed to a different court, we then have the right to demand arbitration.
5.
Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York,
NY 10019, www.adr.org; JAMS is at 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; or any other company
selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an
Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in
accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years
of
experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate
any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require
arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it.
Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all
parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver.
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL
NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO
OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY
PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR
CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST
ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE
ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We
will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must
bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys' and
experts' fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if
applicable law requires us to.
9. Governing Law: This Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16
(the "FAA"), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable
statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that
would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional
standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis
for the award.
10. Right to Discovery: In addition to the parties' rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party
may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the
Administrator. The arbitrator shall have discretion to grant or deny that request.
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's award may be entered by any court having jurisdiction. The
arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds
$50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding
$50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel
administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The
decision of the panel shall be by majority vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the panel if an appeal of
the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with Paragraph C.8. above.
12. Rules of Interpretation: This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the
Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or
inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other provisions of this
Agreement, on the other hand, this Arbitration Provision shall govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
13. Severability: If any portion of this Arbitration Provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the
remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this
sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the
determination concerning the Class Action Waiver shall be subject to appeal.
14. Special Payment: If (1) you submit a Claim Notice in accordance with Section B of the Arbitration and jury trial waiver Provisions on your
own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently
determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100 (plus any fees and costs to
which you are entitled).
Privacy Statement
View Privacy Statement
You need Adobe Reader to view PDF files. You may download it for free from Adobe.
rev. 04/13
WHAT DOES COMENITY DO WITH YOUR
FACTS
PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to
Why?
limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This
information can include:
What?
Social Security number and income
Account balances and payment history
Credit history and credit scores
All financial companies need to share customers' personal information to run their everyday business. In the section
How?
below, we list the reasons financial companies can share their customers' personal information; the reasons
Comenity chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information
Does Comenity
Can you limit this
share?
sharing?
For our everyday business purposes-such as to process your transactions, maintain your
Yes
No
account(s), respond to court orders and legal investigations, or report to credit bureaus
For our marketing purposes-to offer our products and services to you
Yes
No
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes-information about your transactions and
Yes
No
experiences
For our affiliates' everyday business purposes-information about your creditworthiness
Yes
Yes
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
Yes
Yes
Comenity Bank customers: Call 1-800-220-1181 (TDD/TTY 1-800-695-1788) - our menu will prompt you
through your choices.
Comenity Capital Bank customers: Call 1-877-287-5012 1-888-819-1918) - our menu will prompt
you through your choices.
To limit our sharing
Please note:
If
you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When
you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions?
Go to comenity.net/privacy or call 1-866-423-1097
Who we are
Who is providing this
This privacy notice is provided by the Comenity family of companies, including Comenity Bank and Comenity Capital
notice?
Bank.
What we do
How does Comenity
protect my personal
To protect your personal information from unauthorized access and use, we use security measures that comply with
information?
federal law. These measures include computer safeguards and secured files and buildings.
We collect your personal information, for example, when you
open an account or provide account information
How does Comenity collect
give us your income information
my personal information?
use your credit or show your driver's license
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Federal law gives you the right to limit only
sharing for affiliates' everyday business purposes-information about your creditworthiness
Why can't | limit all
affiliates from using your information to market to you
sharing?
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your
rights under state law.
What happens when | limit
sharing for an account I
Your choices will apply to everyone on your account.
hold jointly with someone
else?
Definitions
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Our affiliates include companies with a Comenity name; financial companies such as Comenity Capital Bank
Affiliates
and Comenity Bank, other Comenity entities; nonfinancial companies such as Epsilon, Alliance Data, and
LoyaltyOne.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates
Nonaffiliates we share with can include financial service providers, retailers, direct marketers, publishers and
nonprofit organizations.
A formal agreement between nonaffiliated financial companies that together market financial products or services to
you.
Joint marketing
Our joint marketing partners include lenders and insurance companies.
Other important information
We also will comply with more restrictive state laws to the extent that they apply. For example, if your billing address is in Vermont or California,
we will automatically opt you out of sharing your information with nonaffiliates for marketing purposes.
We will contact you regarding your account via text message or telephone, including the use of pre-recorded or auto-dialed calls on any cell,
landline or text number you provide or use to contact us. Standard mobile, message, or data rates may apply.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
21.74%, 17.74% or 13.74%
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 22.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
29.99%.
Applies
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply? If your APR is increased for this reason,
the Penalty APR will apply until you make six consecutive minimum payments when
due.
Paying Interest
Your due date is at least 23 days after the close of each billing cycle. We will not
charge you interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 3% of the amount of the cash advance.
Convenience Check
The greater of $10 or 3% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
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