Your Smile Generation Financial Credit Card account agreement.
213881018 (03/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about using and managing your account, including a Privacy
you notice the loss or theft of your credit card or possible unauthorized
Statement and information concerning your billing rights. Your
of your card you should write to immediately at PO Box 183003, Columbus
use of the account, or failure to close the account within the
Ohio 43218-3003 call us at 1-877-287-8879 (TDD/TTY: 1-888-819-1918)
You will not be liable for any unauthorized use that occurs after you notify us. You
30 days of receiving this document, indicates your acceptance
may however be liable for unauthorized use that occurs before your notice to us.
of the terms of this agreement, including the assessment of any
In any case, your liability will not exceed $50
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of a dispute
Your Account may consist of non promotional ("Regular Revolving" Credit
You have a right to reject this Arbitration Provision.
Plan and or more promotional Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particular features (including but not limited minimum purchase re
of this Agreement and will:
quirements and minimum payment) may vary occasionally at our discretion
o Eliminate your right to a trial by jury; and
and include one or more Regular Revolving promotional Credit Plans
We may offer different promotional Credit Plans from time to time
o
Substantially affect your rights, including your right to
promotional Credit Plan offered at the time you open your Account,
bring, join in or participate in class proceedings.
this Agreement will include information about the terms for the Plan, by use
Please read each section carefully and keep this document for
of an insert, attachment, or other written information provided as part of this
your records
Agreement
In the following sections, you will find information on:
Normal late fees. returned payment fees and all other provisions apply to
any promotional Credit Plan, unless inconsistent with particular Credit
Financial terms of your account: An at-a -glance summary of the fees and charges
Plan offering
associated with your account
If the promotional Credit Plan purchase isn't paid in full before the promo-
A. Getting started: the basics of your account
tional period ends, the balance will be transferred to your Regular Revolving
B. Keeping your account in good standing avoiding default, and what to do if
balance.
your
card
lost
applicable
Promotional Credit Plans may include
C.
Learning more about your account credit plans, and credit limits, and how
0 Waive Interest, Payment Required
o Defer Interest Payment Required
payments calculate and applied
o Waive Interest, Equal Payment
o Defer Interest Low Payment
D. Interest, fees and charges when and how fees and costs are applied to your
o Waive Interest, Low Payment
o Low APR, Equal Payment
account
o Defer Interest Equal Payment
o Budget Payment
E.
Other important information: legal rights, costs, and how we'll handle
Skip-payment option
changes
to
your
account
At our discretion we may allow you to skip making the Minimum Payment
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Charges will be assessed during the skip-payment period late
and receive from, reporting agencies, and what to do if you think
fee won't be imposed. This will not be considered a waiver of any of the
there
an
error
on
your
periodic
rights
statement
granted
by
this
Agreement
G. Optional products: how to protect your account from fraud or theft. and
All other terms of your Account apply during the skip-payment period.
Credit limit
services that can help pay your debt in case of emergencies
H.
Communicating with us what happens when you contact us
Your Credit Limit is the total maximum amount we permit you to owe us at
I.
Arbitration and jury trial waiver: how we'll resolve disagreements,
any time.
including
jury trial waiver and Arbitration provision
You may not exceed any Credit Limit that we set for your Account
Privacy statement: how we collect use share and protect your personal informa-
If you do exceed your Credit Limit. we can still charge you for all transac-
tion; and the privacy can make.
tions, interest and other charges without giving up any of our rights under
this Agreement.
Financial terms of your account
We may change your Credit Limit at any time.
Account cancellation
Interest Rates and Interest Charges
You may cancel your Account You re still obligated to pay the full amount
you owe
Annual Percentage
22,98%
We may cancel your Account at any time, for any reason.
Rate (APR) for
This APR will vary with the market based
We may refuse to authorize any purchase on your Account We may
also
Purchases
on the Prime Rate.
suspend your Account and your right to use your Card, including each Card
you
give
others.
Your due date is at least 25 days after
We stop offering any Credit Plan at any time, for any reason
How to Avoid
the close of each billing cycle. We will
Cancellation or suspension of your Account doesn't negate your obligation to
Paying Interest
not charge you interest on purchases if
pay any amount you owe us.
Cancellation of your Account includes each Card you give to others.
you pay your entire balance by the due
Minimum Payment
date each month.
You can pay all of your Account balance at any time without
Minimum Interest
If you are charged interest, the charge
penalty.
Charge
will be no less than $1.00 per credit
You must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown your Statement.
plan
The Minimum Payment the total minimum payments for the Regu-
For Credit
lar Revolving and promotional Credit Plans plus any Past Due amounts
To learn more about factors to consider
Card Tips from
The Total Minimum Payment won't be less than $25.00 your Account
when applying for or using a credit
balance is less than $25.00, you must pay the amount indicated on your
the Consumer
card, visit the website of the Consumer
Statement full.
Financial
Financial Protection Bureau at http://
The minimum payment for each Credit Plan is calculated as follows:
Protection Bureau
www.consumerfinance.gov/learnmore
o
minimum payments for Regular Revolving Credit Plans, Waive
In-
terest Payment Required and Defer Interest, Payment Required Credit
Fees
Plans will be the greater of:
(a) $5.00: or
Annual Fee
None
(b) (rounded to the nearest $1.00) of the New Balance shown
on your Statement for that Credit Plan.
Penalty Fees
0
The minimum payment for the Waive Interest, Equal Payment and De
Late Payment
Up to $35.00
fer Interest. Equal Payment Credit Plans be the amount of the pur-
Returned Payment
Up to $25.00
chase divided by the number of months between the date of the pur-
chase and the promotional period end date (minimum $5.00) rounded
How We Will Calculate Your Balance: We use a method called
up to the nearest $1.00
o
"daily balance.' See your Account agreement for more details.
The minimum payment for the Low APR. Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Billing Rights: Information on your rights to dispute transactions
charges that be assessed from the date of purchase through the
and how to exercise those rights is provided in your account
end of the promotional period divided by the number of months be-
agreement.
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00
o
The minimum payment for the Waive Interest Low Payment and Defer
Rate Information: The following chart provides details on your rate of March 1,
Interest, Low Payment Credit Plans will be the greater of:
2014. We divide the APR by 365 to determine the daily periodic rate
(a) $5.00 or
Add Index
APR
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
Daily Periodic Rate
shown on your Statement for that Credit Plan.
Purchase APR
Payment
19.73%
application
22.98%
0,06295%
We reserve the right to apply payments equal to or less than the Total Mini-
We'll charge you minimum interest charge of $1.00 per credit plan for any
mum Payment however see fit, which may result in balances subject to
billing period in which interest is due. For additional information, see Rates in
lower interest rates being paid prior to other balances This may also result
Section
higher interes charges
Minimum Payment:
Any payment you make in excess of the required Total Minimum Payment
The amount must pay each billing period ("Total Minimum Payment" is the
will be allocated to your Account as required by applicable law.
total of minimum payments for Regular Revolving and promotional Credit Plan
Excess payments received before deferred interest promotion expires are
purchases plus any Past Due amounts. The Total Minimum Payment won't be
applied the deferred interest promotional balance first in the last two bill-
less than $25.00 If your Account balance is less than $25.00 you must pay the
ing periods of the promotional period.
amount indicated on your billing statement ("Statement' in full. The minimum
D. Interest, fees and charges
payment due for each Regular Revolving Credit Plan will be the greater of:
(a) $5.00; or
Interest charges
(b) 4% of the New Balance shown on your Statement for that
If you make purchase under a Regular Revolving Credit Plan, interest
Credit Plan (rounded to the nearest $1 00)
charges won't be imposed in any billing period which no Previous Bal-
See Minimum Payment in Section C below for promotional credit plan minimum
exists or payments received and cred its issued by the Payment Due
payment calculations
Date equal exceed the Previous Balance.
The APR information described below is accurate as of March 1. 2014. Due to
If the New Balance shown your last Statement isn't paid in full by the
a change in the index this information may have changed. To find out more, call
Payment Due Date shown on your last Statement there will be an interest
us 1-877-287-8879 (TDD/TTY: 1-888-819-1918), write us at Comenity
charge on each purchase from the date of purchase
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
If you make purchase under any Waive Interest Credit Plan, we
won't
at comenity.net/smilegeneration.
charge interest on the purchase if you pay the total purchase amount be-
A. Getting Started
fore the end the promotional period. you don't pay the total purchase
amount
before
the
end
of
the
promotional
period,
we'
add
Definitions
the
remaining
amount Regular Revolving balance We'll also begin charging inter-
In this Agreement, "We, "Us' and "Our" mean Comenity Capital Bank. "You"
est
the
purchase
from
the
first
day
after
the
promotional
period
ends.
and 'Your' mean each person who submits application solicitation for an
If you make purchase under any Defer Interest Promotional Credit Plan
Account
with
us.
"Account"
means
your
credit
card
with
"Card
and don't pay the total amount before the end of the promotional period,
means each credit card we issue for your Account as applicable. "Credit Plan"
we'll add the remaining purchase amount and the amount of accrued inter-
means or more payment program options Smile Generation Financial may ask
est
to
your
Regular
Revolving
balance.
us to offer from time time.
If you make purchase under Low APR Equal Payment Credit Plan,
Upholding your Agreement
interest will be assessed from the date of purchase through the end of the
You agree to the terms of this Agreement, and promise to do everything
promotional period.
required of you. sign submit an application or solicitation to obtain
How we calculate Interest Charges on your Account
credit from us, you'll be legally bound by this Agreement You'r also legally
We calculate interest separately for each Credit Plan using "Daily Balance" to
bound you sign charge slip, or permit someone else to use the credit
determine interest charges for each billing period. Our calculation method is as
provided.
follows:
You agree that the credit extended under your Account will be used only for
We start with the beginning balance on your Account each day (including
personal, family or household purposes and not for business or commercial
unpaid interest charges and fees).
purpose.
We subtract any payments credit adjustments (treating any net credit
If the Account is joint Account, you and the joint Account holder will be
balance as zero balance) and add new transac and debit
bound by this Agreement. Each of you will jointly and respon
posted
as
of
that
day
This
gives
us
the
"Partial
Daily
the
day.
sible for repaying all amounts due. more than one person responsible
We then multiply the Partial Daily Balance for the day by the Daily Periodic
for this Account. we will only provide billing statements and communica-
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
tions
to
one
you.
the
day's
Partial
Daily
Balance
Any authorized user of your Account will be bound by the terms of this
We've now determined the "Daily Balance which will be the beginning
Agreement One Card may be with the individual name
balance for the following day This results in daily compounding of interest
an authorized user on the Card you want to revoke the use
charges
your Account by an user, either write us the address, or call us
At the end of each billing period we add together each Credit Plan's Daily
the
phone
number,
shown
on
your
atement.
Charge, which gives the total interest charge
You agree pay for all made your Account by an authorized
Your Statement will show Balance Subject to Interest Rate, which is the
user, whether or not such transactions were authorized by you or made for
sum of the Daily Balances for each day in the billing period divided by the
your
benefit.
total number of days.
Card signature (as applicable)
Rates
For your own protection, please sign your Card before using it Keep in mind that
The Index in effect for each billing period will be the highest "Prime Rate"
your signature on the Card isn' a prerequisite to your obligation to pay amounts
interest as published in the "Money Rates' section The Wall Street
incurred your Account.
Journal for the calendar month preceding the month which the billing pe-
Using your Account
riod begins, rounded upward necessary, to the nearest .001% ("Index"
Your Account may be used to make purchases from Smile Generation Finan
Any
variable
APR
may
increase
the
Index
increases.
cial and other retailers we may determine occasionally by notifying you via
An increase or decrease the APR will result corresponding increase
mail, statement message. website posting, or other method.
or decrease in the amount of interest and may increase the Total Minimum
We reserve the right to not honor transactions related to, including, but not
Payment
limited gambling, ATM usage at casinos, and illegal activities.
Other fees and charges
Making payments
You agree to pay the following fees and charges:
Pay your Account by sending check, money order, or cashier's check pay-
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
able in U.S. dollars, to the name and address shown on your Statement
ment Due Date. we will charge you late fee
specified for payments Please don't send cash.
o
The fee $25.00 if you were not charged late fee during any of the
Be sure to include your payment stub, do not staple your payment to the
six billing periods
stub, use the envelope provided with your Statement and don't send any
o
Otherwise, the fee $35.00
with
your
payment
o
This fee will never exceed the minimum payment due that was due
If your payment doesn't meet these requirements it may not be credited to
immediately prior to the date on which the fee was assessed
your Account for up to five days, or may be rejected
Returned Payment Fee We may charge you fee for each payment that your
All written conce erning disputed amounts including any
bank
doesn't
honor
for
any
reason
check other payment instrument marked with payment in full' similar
o The fee is .00 you were not charged returned payment fee dur-
language must sent to 6550 North Loop 1604 East, Suite 101 San
ing any of the prior six billing periods.
Antonio
Texas
78247-5004.
o
This fee will never exceed the minim payment due that was due
o
We may accept payment sent to any other address without losing any
immediately prior to the date on which the fee assessed.
our rights.
Although we may decide to do so, we aren't required to attempt to collect a
o
No payment shall operate as an accord and satisfaction without our
payment
more
than
once
prior written approval
Document Fees: we provide you with copy of any Statement, sales draft
B. Keeping your account in good standing
or similar at your request (except in connection with billing error
Avoiding default
inquiries or resolution). we may charge the Account the following fee(s),
subject any limitations of applicable law:
You'll be in default under this Agreement if you:
o
Statement copy $6.00
Fail to make any payment when due
0
Sales/Credit Draft copy $6.00
Violate any provision of this Agreement
Check/Money Order copy $6
Pass
away
Alternative Payment Method Fee We may offer alternative payment meth-
Become the subject of bankruptcy or insolvency proceedings
ods that allow you to make individual expedited payments to your Account
Supply us with misleading, false, incomplete or incorrect information
over the phone. If you choose use this payment method we may assess
Are unable unwilling to perform the terms or conditions of this Agreement
Fail supply with any information deem necessary
the current fee we charge for this service, subject to any limitations ap-
plicable law. Currently that fee up $15.00 but may change. We'l let
Default under any other loan or agreement you have with us or any of our
affiliates
you know the current fee before you authorize any payment(s), and you can
withdraw your request you don't want to pay the fee.
Become incompetent
Exceed your Credit Limit
E. Other important information
Issue payment returned unpaid by your bank for any reason
Collection costs
If we consider your Account in default, we may suspend your ability to make
To the extent not prohibited by applicable law, you agree to pay the reasonable
charges, close your Account require you to pay the full amount you owe im-
costs for collecting amounts due. including reasonable attorney's fees and court
mediately or take any other action permitted by law. If licable law requires
costs incurred by us or another person or entity
us so, we tell you in advance and/or give you the opportunity to remedy
your default.
Changes
I. Arbitration and jury trial waiver
We may add, change, or delete the terms of your Account If required by appli-
A. Jury trial waiver
cable law, we will give you advance written notice of the change(s) and right to
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE AI
reject the change(s).
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF
Security Interest
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT
You grant security interest in all goods you purchase through the use of the
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TF
Account,
now
or
at
any
time
in
the
future
and
in
all
accessions
to
and
proceeds
of
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT
such goods. We waive any security interest we may have your principal dwell-
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
ing, to the extent that would otherwise secure any obligation arising hereunder.
B. Notice and cure
Changes
to
your
information
Prior bringing lawsuit or initiating an arbitration that asserts
You agree to notify us immediately of any changes to your name, mailing address,
ing out of related to this Agreement (as further defined below
electronic mail address or telephone number(s)
the party asserting the Claim (the "Claimant" shall give the otl
Governing Law
"Defendant") written notice of the Claim (a "Claim Notice' and
THIS AGREEMENT IS GOVERNED BY UTAH AND APPL LICABLE FEDERAL LAW.
opportunity, not less than 30 days, to resolve the Claim. Any Claim
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
shall be sent in writing to the address we have in our records (or
MITTED OR REQUIRED BY APPLICABLE LAW.
address
you
subsequentl
provide
to
us).
Any
Claim
Notice
to
st
Transfer of Rights/Assignment
mail to Comenity Capital Bank PO Box 182436 Columbus. Ohio
Your
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
law
(or any updated address we subsequently provide). Any Claim No
or otherwise, but your obligations will be binding upon your estate or persona
provide your name, address and Account number Any Clain
representatives
We
may
transfer
or
assign
your
Account
and/or
this
Agreement
explain
the
nature
of
the
Claim
and
the
relief
that
demande
any of our rights under this Agreement, to another person or entity at any time
submit
Claim
Notice
your
own
behalf
and
on
behalf
an
without notice to you or your consent.
No third party, other than lawyer have personally retain
No Waiver of Rights
Claim Notice on your behalf The Claimant must reasonably cooper
We can delay enforcing our rights under this Agreement without losing them.
ing any information about the Claim that the other party reasonab
Severability
C. Arbitration provision
If any provision of this Agreement is in conflict with applicable law, that provision
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO
will be considered to be modified to conform with applicable law.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGR
Notice to New Jersey Residents
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE
All provisions of this agreement are valid, enforceable and applicable in New
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY
C
Jersey.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUT
F. Disputes and Reporting to Consumer Reporting Agencies
1. Your Right to Reject: If you don't want this Arbitration Provis
prior arbitration agreement between you and ("Prior Arbitration
Credit Reports
to apply, you may reject by mailing written rejection notice
w
You give us permission to investigate your credit record.
name each Cardholder and contains statement that you (both o
You agree that credit report may be requested connection with
the
than one) reject the Arbitration Provision of this Agreement The re
processing of your credit application. A report may also be requested
must be sent to us at Comenity Capital Bank, PO Box 182422 Co
connection
with
credit
extension.
credit
limit
request,
Account
renewal
or
43218-2422. rejection notice only effective if is signed by y
update,
Account
action.
or
dispute
investigation.
Upon
request,
if more than one) and we receive it within thirty (30) calenda
tell
you
the
and
of
any
consumer
reportin
agency
that
date we first provide you with credit card greement or written no
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
you right to reject this Arbitration Provision. Your rejection of th
signing otherwis submitting solicita
Provision will not affect any other provision of this Agreement or
You understand that may report negative information (such as. late pay-
obtain credit.
ments, missed payments, or other defaults) about your Account to consumer
2. Parties Subject to Arbitration: Solely as used in this Arbitrat
reporting agencies
(and
not
elsewhere
this
Agreement)
the
terms
"we."
"us'
and
You give us permission to provide information about your Account to con-
Comenity Capital Bank any parent, subsidiary or aff iliate of the
sumer reporting agencies and other creditors, as well as to the retailer whose
employees,
officers
and
directors
of
such
companies
(the
'Bank
name appears on your Card.
(b) any other person or company that provides any services in co
Credit report disputes
this Agreement you assert Claim against such other person or
If you believe the Account information we reported to consumer reporting agen-
same time you assert Claim against any Bank Party.
cy is inaccurate, may submit a direct dispute to Comenity Capital Bank, PO
3. Covered Claims: "Claim" means any claim, dispute or control
Box 182120, Columbus, Ohio 43218
you and any way arises from or relates to this Agreement
Your written dispute must provide sufficient information to identify
the
Account
the issuance of any Card, any rewards program, any prior agreeme
and specify why the information is inaccurate:
"Claim" includes disputes arising from actions or omissions prio
Account Information: Your name and Account number
any
Card
issued
to
you
including
the
advertising
related
to
Contact Information: Your address and telephone number
or approval of the Account "Claim" has the broadest possible
Disputed Information: Identify the Account information disputed and ex-
includes
and
third-
plain
why
you
believe
is
includes
disputes
based
upon
contract
tort.
rights,
fra
Supporting available. provide copy of the section of the
intentional
torts,
constitution,
statute.
regulation,
com
credit report showing the Account information you are disputing
equity (including claim for injunctive or declarator relief) "Cla
We will investigate the disputed information and report the results to you within
include disputes about the validity, enforceability coverage or scop
30
days
of
receipt
of
the
information
needed
for
our
investigation.
If
we
find
that
tration Provision any part thereof (including, without limitation,
the Account information we reported is inaccurate, we will promptly provide the
against class proceedings private attorney general proceedings an
necessary correct on to each consumer reporting agency to which we reported
party
proceedings
described
in
Paragraph
C.7
(the
"Class
Action
the information.
last sentence of Paragraph C.13 and/or this sentence); all such dis
Your Billing Rights: Keep This Document For Future Use
a
court
and
not
an
arbitrator
to
decide
However,
any
dispute
This notice tells you about your rights and our responsibilities under the Fair
the validity or enforceability of the Agreement as wh
Credit Billing Act.
arbitrator.
not
court,
to
decide
What To Do If You Find A Mistake On Your Statement
4. Starting an Arbitration: Arbitration may be elected by any party
If you think there an error on your statement. write to us at: Comenity Capital
to any Claim, even that party has already initiated lawsuit with
Bank, PO Box 182620 Columbus, Ohio 43218-2620
different Claim. Arbitration is started by giving written demand
f
In your letter, give the following information:
to the other party. We will not demand to arbitrate an individual o
Account information: Your name and account number.
bring against us in small claims court or your state's equivalent
Dollar
amount:
The
dollar
amount
of
the
error.
if that Claim is transferred, removed or appealed to different c
Description of problem: If you think there is an error on your bill, describe
have
the
right
to
demand
arbitration
what you believe is wrong and why you believe it is mistake.
5. Choosing the Administrator: "Administrator" means the Americ
You
must
"AAA") 1633 Broadway 10th Floor, New York, NY
Within 60 days after the error appeared on your statement
adr.org:
JAMS,
620
Eighth
Avenue,
34th
Floor.
New
York,
NY
least business days before an automated payment is scheduled,
if
you
jamsadr .com; or any other company selected by mutual
want to stop payment on the amount you think wrong
ties both AAA and JAMS cannot or will not serve and the parti
You
must
notify
us
of
any
potential
errors
writing.
You
may
call
us.
but
if
you
to
select
an
Administrator
by
mutual
consent
the
Administrator
wi
do we are not required to investigate any potential errors and you may have to pay
by court. The arbitrator will be appointed by the Administrator
the
amount
question
with the rules of the Administrator. However, the arbitrator must
What Will Happen After We Receive Your Letter
former judge or lawyer with at least 10 years of experience. You ge
When receive your letter. must two things
Adm
inistrator
if
you
give
us
written
notice
of
your
selection
with
vo
1. Within 30 days receiving letter. we must tel you that we received your
you are electing to arbitrate any Claim within 20 days after gi
letter. also tell you we have already corrected the error.
that we are electing arbitrate any Claim (or. you dispute our
2. Within 90 days of receiving your letter, must either correct the error
or
arbitration of Claim within 20 days after that dispute is fina
explain to you why we believe the bil is correct
If you do not select the Administrator on time, may do Not
While we investigate whether or not there has been an error:
any language in this Arbitration Provision the contrary, no arbitr
We cannot try to collect the amount in question, or report you as delinquent
administered without the consent of all parties to the arbitration,
b
on
that
amount
istrator that has place a formal or informal policy that is inconsi
The charge quest ion may remain on your statement, and we may continue
Class Action Waiver
to
charge
you
interest
on
that
amount
6. Court and Jury Trials Prohibited: Other Limitations on Legal Ri
While you not have pay the amount in question, you are responsible for
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE TH
the
remainder
of
balance.
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE
c
We apply any unpaid amount against your credit limit.
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LII
After we finish our investigation one of two things will happen
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU v
If we made mistake not have to pay the amount in question or any
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE ARB
interest or other fees related to that amount
Prohibition Against Certain IF YOU OR WE ELE
If we do not believe there was mistake. You will have to pay the amount
in
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE
question,
along
with
applicable
interest
and
fees.
We
will
send
you
state-
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER
ment of the amount you owe and the date payment is due We may then
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR
report
you
as
you
do
not
pay
the
amount
think
you
owe.
AS
A
PRIVATE
ATTORNEY
GENERAL
IN
COURT
OR
IN
ARBIT
If you receive our explanation but still believe your bill wrong, you must write
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED o
within
10
days
telling
that
you
still
refuse
to
pay.
you
we
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER P
report you as delinquent without also reporting that are questioning your bill.
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY
We
must
tell
you
the
name
of
anyone
to
whom
we
reported
you
as
delinquent,
ARBITRATION, PRIVATE ATTORNEY GENERAL A
and we must let those organizations know when the matter has been settled
OR MULTIPLE-PARTY ARBITRATION.
between
8. Location and Costs of Arbitration: Any arbitration hearing
tha
If we do not follow all of the rules above, you do not have to pay the first $50 of
must take place at location reasonably convenient to you. We
the
amount
you
even
your
bill
correct
all fees of the Administrator and/or the arbitrator if applicable
lav
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
to, you prevail in the arbitration or we must bear such fees in
you
with
the
goods
or
that
you
have
purchased
with
Arbitration Provision to be enforced If you demand an arbitration
your credit card, and you have tried in good faith to correct the problem with the
your reasonable attorneys and experts fees if you prevail or we
merchant, you may have the right not to pay the remaining amount due on the
fees in order for this Arbitration Provision to be enforced Also, we
purchase.
fees
applicable
law
requires
us
to.
To use this right, all of the following must be true:
9. Governing Law: This Arbitration Provision involves interstate
1. The purchase must have been made in your home state or within 100
miles
governed by the Federal Arbitratio Act, 9 U.S.C. §§ (the
of your current mailing address, and the purchase price must have been more
not by any state arbitration law. The arbitrator must apply applicabl
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
was
based
law consistent with the FAA and applicable statutes of limitations
an advertisement we mailed to you, or if we own the company that sold you the
privilege recognized at law. The arbitrator may award any remedy pr
goods services.)
substantive law that would apply the action were pending in cou
2. You must have used your credit card for the purchase. Purchases made with
without limitation, punitive damages, which shall be governed by
cash advances from an ATM or with check that accesses your credit card ac-
tional standards employed by the courts) At the timely request of
count not qualify.
the arbitrator provide brief written explanation of the basis
3. You must not yet have fully paid for the purchase
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
obt
all of the criteria above are met and you are still dissatisfi with the purchase,
pursuant to the arbitration rules of the Administrator. either party
contact us writing at
a written request to the arbitrator to expand the scope of discovery
Comenity Capital Bank
lowable under the arbitration rules the Administrator. The arbitra
PO Box 182620, Columbus, Ohio 43218-2620
discretion grant deny that request.
While we investigate, the same rules apply to the disputed amount as discussed
11. Arbitration Result and Right of Appeal: Judgment
upon
th
above.
After
we
finish
our
investigation
we
will
tell
you
our
decision.
At
that
award
may
be
entered
by
any
court
having
jurisdiction
The
arbitra
point, we think you owe an amount and you do not pay, we may report you as
is final and binding, except for any right of appeal provided by the
delinquent.
if the amount of the Claim exceeds $50,000 or involves request
G. Optional products
or declaratory relief that could foreseeably involve cost or benefit
exceeding
$50,000
any
party
can,
within
30
days
after
the
entry
Credit insurance (as applicable)
by the arbitrator appeal the award to panel
Purchasing
credit
insurance
is
optional.
If
you
do
choose
to
carry
credit
insurance
The
panel
shall
anew
any
aspect
of
the
coverage, the premium will be added to your Account as purchase on
requested by the party The decision of the panel shall
the last day of each billing period You can cancel your coverage at any time.
vote. Reference in this Arbitration Provision to "the arbitrator" sh
Account Assure Debt cancellation (as applicable)
panel
an
appeal
of
the
arbitrator's
decision
been
taken.
The
Purchasing Account Assure is optional.
appeal borne in accordance with Paragraph above.
Your decision whether or not to purchase Account Assure won't affect your
12. Rules of Interpretation: This Arbitration Provision shall
application for credit or the terms of any existing credit agreement you have
ment of all amounts owed under this Agreement, the closing of the
with
us
legal proceeding and any bankruptcy to the extent consistent wit
The monthly fee for Account Assure is based on the outstanding monthly
bankruptcy law. In the event of conflict or inconsistency
balance
your
Account
each
month
and
be
added
your
Statement
tion Provision on the one hand, and the applicable arbitration rules
We'l provide additional information before you're required to pay for Ac-
provisions of this Agreement, on the other hand, this Arbitration
count Assure. This will include copy of the terms and conditions pertain-
govern.
This
Arbitration
Provision
replaces
any
Prior
Arbitration
Ag
ing Account Assure.
13. Severability: any portion of this Arbitration Provision, other
You can cancel your Account Assure at any time.
Action
Waiver,
deemed
invalid
or
unenforceable,
the
remaining
There are eligibility requirements. conditions, and exclusions
that
could
pre-
nevertheless remain in force. determination is made that the
vent you from receiving benefits under Account Assure.
Waiver is unenforceable only this sentence of the Arbitration Agree
Be sure to carefully read the Addendum for full explanation of the terms
main in force and the remaining provisions shall be null and void,
of Account Assure.
the determination concerning the Class Action Waiver shall be subje
H. Communicating with us
14. Special Payment: If (1) you submit a Claim Notice acc
Paragraph
B
above
own
behalf
(and
not
on
behalf
Communicating to you about your Account
any
(2) we refuse provide you with the relief you request and (3)
If
we
need
to
contact
you
to
service
your
Account
or
to
collect
amounts
you
owe
subsequently
ermines
that
you
entitled
to
such
(or
to us you give direct consent to us, as well as servicers agents, contractors and
the arbitrator shall award you at least $5,100 (plus any fees and C
collectors of your Account to communicate with you any way such as calling,
you are entitled).
texting,
or
electronic
1)
cell, landline or text number you provide use to contact us, or at which
we believe we can reach you (even not yours)
comenity
Comenity Capital Bank, Salt Lake City, UT
2)
any electron mail address you provide to one of our merchants,
21388
3)
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communications aren't unsolicited for purposes of any
state or federal law, and 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
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account
For Wisconsin residents:
married,
please
contact
us
immediately
upon
receipt
of
this
Agreement
at 1-877-287-8879 (TDD/TTY and provide us with the name
and your spouse. We are required to inform your spouse that we have
opened credit account for you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Capital Bank
should be sent to the following address: Comenity Capital Bank, Bankruptcy De
partment, PO Box 183043, Columbus, Ohio 43218-3043.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 19.73%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $25
Balance Computation
We use a method called "daily balance (including new purchases)."
Method