Your MyPoint® Rewards Visa® Credit Card account agreement.
221471005 (03/14)
This card is issued by Comenity Capital Bank pursuant to a li-
cense from Visa U.S.A. Inc. Visa is a registered trademark of
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
Visa U.S.A. Inc. This Agreement covers the Terms and Condi-
ments for Regular Revolving and Promotional Credit Plan purchases plus any
tions of your account with us. In this document, you will find
Past Due amounts. The total Minimum Payment Due on your account won't be
important information about using and managing your account,
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
including a Privacy Statement and information concerning your
Regular Revolving and Cash Revolving Credit Plans will be:
billing rights. Your use of the account, or failure to close the ac-
The greater of:
count within the 30 days of receiving this document, indicates
o
1% of the New Balance, excluding any new Regular Revolving or Cash
your acceptance of the terms of this agreement, including the
Revolving Credit Plan Finance Charges shown on the Statement; or
assessment of any interest charges and fees.
$5.00
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
Section | of this Agreement also includes a Jury Trial Waiver and
Charges shown on the Statement rounded up to the nearest $1.00.
an Arbitration Provision in the event of a dispute.
See Minimum Payment in Section C below for promotional credit plan minimum
You have a right to reject this Arbitration Provision.
payment calculations.
If you do not reject this Arbitration Provision, it will be part
The APR information described below is accurate as of March 1, 2014. Due to a
of this Agreement and will:
change in the index, this information may have changed. To find out more, call
Eliminate your right to a trial by jury; and
us at 1-866-303-5087 (TDD/TTY: 1-888-819-1918), or write us at Comenity
o
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
o
Substantially affect your rights, including your right to
site at mypointsvisa.com.
bring, join in or participate in class proceedings.
A. Getting Started
Please read each section carefully and keep this document for
Definitions
your records.
In this Agreement, "We," "Us" and "Our" mean Comenity Capital Bank. "You"
In the following sections, you will find information on:
and "Your" mean each person who submits an application or solicitation for an
Financial terms of your account: An at-a-glance summary of the fees and charges
Account with us. "Account" means your credit card account with us. "Card"
associated with your account
means each credit card we issue for your Account, as applicable. "Credit Plan"
A. Getting started: the basics of your account
means one or more payment program options MyPoints may ask us to offer from
B.
Keeping your account in good standing: avoiding default, and what to do if
time to time.
your card is lost or stolen, as applicable
Upholding your Agreement
C.
Learning more about your account: credit plans, and credit limits, and how
You agree to the terms of this Agreement, and promise to do everything
payments are calculated and applied
required of you. If you sign or submit an application or solicitation to obtain
D.
Interest, fees and charges: when and how fees and costs are applied to your
credit from us, you'll be legally bound by this Agreement. You're also legally
account
bound if you sign a charge slip, or permit someone else to use the credit
E.
Other important information: legal rights, costs, and how we'll handle
provided.
changes to your account
You agree that the credit extended under your Account will be used only for
F.
Disputes and reporting to consumer reporting agencies: data we provide,
personal, family or household purposes and not for business or commercial
and receive from, consumer reporting agencies, and what to do if you think
purpose.
there is an error on your periodic statement
If the Account is a joint Account, you and the joint Account holder will
G.
Optional products: how to protect your account from fraud or theft, and
be bound by this Agreement. Each of you will be jointly and individually
information on services that can help pay your debt in case of emergencies
responsible for repaying all amounts due. If more than one person is re-
H.
Communicating with us: what happens when you contact us
sponsible for this Account, we will only provide billing statements and com-
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
munications to one of you.
a jury trial waiver and Arbitration provision
Any authorized user of your Account will be bound by the terms of this
Privacy statement: how we collect, use, share, and protect your personal informa-
Agreement. One additional Card may be issued with the individual name of
tion; and the privacy choices you can make.
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
Financial terms of your account
at the phone number, shown on your Statement.
Interest Rates and Interest Charges
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
0% introductory APR for 6 months.
your benefit.
Card signature (as applicable)
Annual Percentage
After that your APR will be
For your own protection, please sign your Card before using it. Keep in mind that
Rate (APR) for
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Purchases
19.99%
incurred on your Account.
This APR will vary with the market
Using your Account
based on the Prime Rate.
Your Account may be used to make purchases from anywhere Visa is ac-
cepted.
APR for Balance
26.99%
We reserve the right to not honor transactions related to, including, but not
Transfers and Cash
This APR will vary with the market
limited to, gambling, ATM usage at casinos, and illegal activities.
Advances
based on the Prime Rate.
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
Your due date is at least 23 days after
Card or your Account number; by obtaining a cash advance from a financial
the close of each billing cycle. We will
institution, by use of an ATM; by using a convenience check; or, by incurring
charges authorized by this Agreement.
not charge you interest on purchases
From time to time, in our sole discretion, we may send you convenience
Paying Interest
if you pay your entire balance by the
checks for use in borrowing under this Agreement. All convenience checks
due date each month. We will begin
you use will be treated as cash advances under this Agreement, and subject
charging interest on balance transfers
to the terms and fees that apply to cash advances, unless we advise you
and cash advances on the transaction
otherwise.
date.
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 Co-
Minimum Interest
If you are charged interest, the charge
menity Capital Bank Account.
Charge
will be no less than $2.00 per credit
You agree not to use a convenience check, and we do not have to pay any
convenience check:
plan
o
if you are in default under this Agreement;
To learn more about factors to consider
o
if payment of that convenience check would cause your outstanding
For Credit Card
cash advance balance to exceed your cash advance limit; or
Tips from the
when applying for or using a credit
o
if we cancel or suspend your right to use convenience checks
Consumer Financial
card, visit the website of the Consumer
From time to time, in our sole discretion, we may offer you the ability to
Protection Bureau
Financial Protection Bureau at http://
transfer account balances from other credit card accounts you may have
www.consumerfinance.gov/learnmore.
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
Fees
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
Annual Fee
None
order to obtain an ATM cash advance.
o
Some limitations on ATM cash advances may apply, such as limita-
Transaction Fees
tions on dollar amount, number, or currency denominations.
Balance Transfer
o
The greater of $10 or 3% of
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 ad-
the amount of the balance
vance.
transfer.
If you make a purchase or obtain a cash advance in a foreign currency, it
Cash Advance
The greater of $10 or 3%
will be converted by Visa into U.S. dollars in accordance with Visa Operating
of the amount of the cash
Regulations in effect at the time the transaction is processed.
advance.
o
The currency conversion rate in effect on the processing date may dif-
Convenience Checks
The greater of $10 or 3% of
fer 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
the amount of the convenience
less than the amount that would be calculated by conversion through
check.
a financial institution in the country in which the purchase or cash
Foreign Transaction
3% of each transaction in U.S.
advance occurred.
dollars.
Making payments
Pay your Account by sending a check, money order, or cashier's check pay-
Penalty Fees
able in U.S. dollars, to the name and address shown on your Statement
Late Payment
Up to $35.00
specified for payments. Please don't send cash.
Returned Payment
Up to $35.00
Be sure to include your payment stub, do not staple your payment to the
stub, use the envelope provided with your Statement and don't send any
How We Will Calculate Your Balance: We use a method called
correspondence with your payment.
"daily balance." See your Account agreement for more details.
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.
Loss of Introductory APR: We may end your introductory APR
All written communications concerning disputed amounts, including any
and apply the Penalty APR if you make a late payment.
check or other payment instrument marked with "payment in full" or similar
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Billing Rights: Information on your rights to dispute
Antonio, Texas 78247-5004.
transactions and how to exercise those rights is provided in your
o
We may accept a payment sent to any other address without losing any
account agreement.
of our rights.
No payment shall operate as an accord and satisfaction without our
Comenity Capital Bank 1-866-303-5087 (TDD/TTY 1-888-819-1918)
prior written approval.
New York Residents: New York Residents may contact the New York state Depart-
B. Keeping your account in good standing
ment of Financial Services by telephone or visit its website for free information
Avoiding default
on comparative credit card rates, fees, and grace periods. New York Department
You'll be in default under this Agreement if you:
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
Fail to make any payment when due
Rate Information: The following chart provides details on your variable rate as of
Violate any provision of this Agreement
March 1, 2014. We divide the APR by 365 to determine the daily periodic rate.
Pass away
Become the subject of bankruptcy or insolvency proceedings
Add to Index
APR
Daily Periodic Rate
Supply us with misleading, false, incomplete or incorrect information
Are unable or unwilling to perform the terms or conditions of this Agreement
Purchase APR
16.74%
19.99%
0.05476%
Fail to supply us with any information we deem necessary
Balance Transfers
23.74%
26.99%
0.07394%
Default under any other loan or agreement you have with us or any of our
affiliates
and Cash Advances
Become incompetent
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Exceed your Credit Limit
billing period in which interest is due. For additional information, see Rates in
Issue a payment returned unpaid by your bank for any reason
Section D.
If we consider your Account in default, we may suspend your ability to make
How we calculate Interest Charges on your Account
charges, close your Account, require you to pay the full amount you owe im-
We calculate interest separately for each Credit Plan, using a "Daily Balance"
mediately or take any other action permitted by law. If applicable law requires
to determine interest charges for each billing period. Our calculation method is
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
as follows:
your default.
We start with the beginning balance on your Account each day (including
Reporting a lost or stolen card (as applicable)
unpaid interest charges and fees).
If you notice the loss or theft of your credit card or a possible unauthorized use
We subtract any payments or credit adjustments (treating any net credit
of your card, you should write to us immediately at PO Box 183003, Columbus,
balance as a zero balance) and add new transactions and debit adjustments
Ohio 43218-3003 or call us at 1-866-303-5087 (TDD/TTY: 1-888-819-1918).
posted as of that day. This gives us the "Partial Daily Balance" for the day.
You will not be liable for any unauthorized use that occurs after you notify us.
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You may, however, be liable for unauthorized use that occurs before your notice
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
to us. In any case, your liability will not exceed $50.
the day's Partial Daily Balance.
C. Learning more about your account
We've now determined the "Daily Balance," which will be the beginning
Credit Plans
balance for the following day. This results in daily compounding of interest
charges.
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
it Plan and one or more promotional Credit Plans. Credit Plans offered and
At the end of each billing period, we add together each Credit Plan's Daily
their particular features (including but not limited to minimum purchase
Interest Charge, which gives us the total interest charge.
requirements and minimum payment) may vary occasionally at our discre-
Your Statement will show a Balance Subject to Interest Rate, which is the
tion and include one or more Regular Revolving or promotional Credit Plans.
sum of the Daily Balances for each day in the billing period divided by the
We may offer different promotional Credit Plans from time to time.
total number of days.
Rates
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
The Index in effect for each billing period will be the highest "Prime Rate"
use of an insert, attachment, or other written information provided as part
of interest as published in the "Money Rates" section of The Wall Street
of this Agreement.
Journal for the calendar month preceding the month in which the billing pe-
Normal late fees, returned payment fees and all other provisions apply to
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
any promotional Credit Plan, unless inconsistent with a particular Credit
Any variable APR may increase if the Index increases.
Plan offering.
An increase or decrease in the APR will result in a corresponding increase
If the promotional Credit Plan purchase isn't paid in full before the promo-
or decrease in the amount of interest and may increase the Total Minimum
tional period ends, the balance will be transferred to your Regular Revolving
Payment.
balance.
Introductory Annual Percentage Rate
Promotional Credit Plans may include:
If your account has a special introductory rate, it will apply to all purchases
o Waive Interest, Payment Required o Defer Interest, Payment Required
made during the promotional period.
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
Once the promotional period ends, or if you make a late payment, your stan-
o Waive Interest, Low Payment
o Low APR, Equal Payment
dard variable Annual Percentage Rate will apply to any remaining balance.
O Defer Interest, Equal Payment
o Budget Payment
Other fees and charges
Skip-payment option
You agree to pay the following fees and charges:
At our discretion, we may allow you to skip making the Minimum Payment.
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
Finance Charges will be assessed during the skip-payment period, but a late
ment Due Date, we will charge you a late fee.
fee won't be imposed. This will not be considered a waiver of any of the
o
The fee is $25.00 if you were not charged a late fee during any of the
rights granted by this Agreement.
prior six billing periods.
All other terms of your Account apply during the skip-payment period.
o
Otherwise, the fee is $35.00.
Credit limit
o
This fee will never exceed the minimum payment due that was due
Your Credit Limit is the total maximum amount we permit you to owe us at
immediately prior to the date on which the fee was assessed.
any time.
Returned Payment Fee: We may charge you a fee for each payment that your
You may not exceed any Credit Limit that we set for your Account.
bank doesn't honor for any reason.
If you do exceed your Credit Limit, we can still charge you for all transac-
o
The fee is $25.00 if you were not charged a returned payment fee
tions, interest and other charges without giving up any of our rights under
during any of the prior six billing periods.
this Agreement.
o
Otherwise, the fee is $35.00.
We may change your Credit Limit at any time.
o
This fee will never exceed the minimum payment due that was due
Account cancellation
immediately prior to the date on which the fee was assessed.
You may cancel your Account. You're still obligated to pay the full amount
Although we may decide to do so, we aren't required to attempt to collect a
payment more than once.
you owe us.
We may cancel your Account at any time, for any reason.
Document Fees: If we provide you with a copy of any Statement, sales draft
We may refuse to authorize any transaction on your Account. We may also
or similar document at your request (except in connection with billing error
suspend your Account and your right to use your Card, including each Card
inquiries or resolution), we may charge the Account the following fee(s),
you give to others.
subject to any limitations of applicable law:
o
We may stop offering any Credit Plan at any time, for any reason.
Statement copy $6.00
o
Cancellation or suspension of your Account doesn't negate your obligation
Sales/Credit Draft copy $6.00
o
to pay any amount you owe us.
Check/Money Order copy $6.00
Cancellation of your Account includes each Card you give to others.
Alternative Payment Method Fee: We may offer alternative payment meth-
Cards are issued with an expiration date. We have the right not to renew
ods that allow you to make individual, expedited payments to your Account
your Account.
over the phone. If you choose to use this payment method, we may assess
Minimum Payment
the current fee we charge for this service, subject to any limitations of ap-
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
You can pay all of your Account balance at any time without
you know the current fee before you authorize any payment(s), and you can
penalty.
withdraw your request if you don't want to pay the fee.
You must pay at least the Total Minimum Payment for each billing period by
Cash Advance Fee: For any cash advance obtained in person from a finan-
the Payment Due Date shown on your Statement.
cial institution or through an ATM, you will pay a transaction fee equal to
The Minimum Payment is the total of the minimum payments for the Regu-
the greater of $10 or 3% of the amount of the cash advance. You take a
lar Revolving and promotional Credit Plans plus any Past Due amounts.
cash advance if you use a convenience check; get money through an auto-
The Total Minimum Payment won't be less than $25.00. If your Account
mated teller machine (ATM); or get money through a financial institution.
balance is less than $25.00, you must pay the amount indicated on your
Convenience Check Fee: For any convenience check written against your
Statement in full.
Account, you will pay a transaction fee equal to the greater of $10 or 3% of
The minimum payment for each Credit Plan is calculated as follows:
the amount of the convenience check.
o
The minimum payment for the Waive Interest, Payment Required and
Balance Transfer Fee: For any balance transfer from another account, you
Defer Interest, Payment Required Credit Plans will be the greater of:
will pay a transaction fee equal to the greater of $10 or 3% of the amount
(a) $5.00 or
of the balance transfer.
(b) 5% (rounded up to the nearest $1.00) of the New Balance
Foreign Transaction Fee: For any charge or cash advance outside the United
shown on your Statement for that Credit Plan.
States or in a foreign currency, you will pay a transaction fee equal to 3%
o
The minimum payment for the Waive Interest, Equal Payment and
of the U.S. dollar amount of the transaction. If a charge or cash advance
Defer Interest, Equal Payment Credit Plans will be the amount of the
is converted into U.S. dollars our network providers (Visa, MasterCard, and
purchase divided by the number of months between the date of the
Discover) will select either (1) a rate from the range of rates available in
purchase and the promotional period end date (minimum $5.00)
wholesale currency markets for the applicable central processing date,
rounded up to the nearest $1.00.
which may vary from the rate the network provider itself receives, or (2) a
o
The minimum payment for the Low APR, Equal Payment Credit Plan
government-mandated rate in effect for the applicable central processing
will be the amount of the purchase including the calculated interest
date.
charges that will be assessed from the date of purchase through the
Return Convenience Check Fee: For each convenience check written against
end of the promotional period divided by the number of months be-
your Account which fails to clear and is returned unsatisfied, you will pay a
tween the date of the purchase and the promotional period end date
fee of up to $35.
(minimum $5.00) rounded up to the nearest $1.00.
Stop Payment Fee: For each convenience check written against your Ac-
o
The minimum payment for the Waive Interest, Low Payment and Defer
count on which you request us to stop payment, you will pay a fee of up to
Interest, Low Payment Credit Plans will be the greater of:
$35, regardless of whether we actually stop payment on the convenience
(a) $5.00 or
check.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
E. Other important information
shown on your Statement for that Credit Plan.
Payment application
Collection costs
We reserve the right to apply payments equal to or less than the Total Mini-
To the extent not prohibited by applicable law, you agree to pay the reasonable
mum Payment however we see fit, which may result in balances subject to
costs for collecting amounts due, including reasonable attorney's fees and court
lower interest rates being paid prior to other balances. This may also result
costs incurred by us or another person or entity.
in higher interest charges.
Changes
Any payment you make in excess of the required Total Minimum Payment
We may add, change, or delete the terms of your Account. If required by appli-
will be allocated to your Account as required by applicable law.
cable law, we will give you advance written notice of the change(s) and a right to
Excess payments received before a deferred interest promotion expires are
reject the change(s).
applied to the deferred interest promotional balance first in the last two
Security Interest
billing periods of the promotional period.
You grant us a security interest in all goods you purchase through the use of the
D. Interest, fees and charges
Account, now or at any time in the future and in all accessions to and proceeds of
Interest charges
such goods. We waive any security interest we may have in your principal dwell-
There is no period in which you can pay back a cash advance, any other
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Changes to your information
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
You agree to notify us immediately of any changes to your name, mailing address,
convenience check, the date of the advance is the date the convenience
electronic mail address or telephone number(s).
check is presented to us or our agent for payment. For all other cash ad-
Governing Law
vances, the date of the advance is the date you obtained the advance.
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
If you make a purchase under a Regular Revolving Credit Plan, interest
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
charges won't be imposed in any billing period in which (i) no Previous Bal-
MITTED OR REQUIRED BY APPLICABLE LAW.
ance exists or (ii) payments received and credits issued by the Payment Due
Transfer of Rights/Assignment
Date, equal or exceed the Previous Balance.
Your rights under this Agreement can't be transferred by you, by operation of law
If the New Balance shown on your last Statement isn't paid in full by the
or otherwise, but your obligations will be binding upon your estate or personal
Payment Due Date shown on your last Statement, there will be an interest
representatives. We may transfer or assign your Account and/or this Agreement,
charge on each purchase from the date of purchase.
or any of our rights under this Agreement, to another person or entity at any time
If you make a purchase under any Waive Interest Credit Plan, we won't
without prior notice to you or your consent.
charge interest on the purchase if you pay the total purchase amount be-
No Waiver of Rights
fore the end of the promotional period. If you don't pay the total purchase
We can delay enforcing our rights under this Agreement without losing them.
amount before the end of the promotional period, we'll add the remaining
Severability
amount to your Regular Revolving balance. We'll also begin charging inter-
If any provision of this Agreement is in conflict with applicable law, that provision
est on the purchase from the first day after the promotional period ends.
will be considered to be modified to conform with applicable law.
If you make a purchase under any Defer Interest Promotional Credit Plan
Notice to New Jersey Residents
and don't pay the total amount before the end of the promotional period,
All provisions of this agreement are valid, enforceable and applicable in New
we'll add the remaining purchase amount and the amount of accrued inter-
Jersey.
est to your Regular Revolving balance.
If you make a purchase under a Low APR, Equal Payment Credit Plan,
F. Disputes and Reporting to Consumer Reporting Agencies
interest will be assessed from the date of purchase through the end of the
Credit Reports
promotional period.
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
To use this right, all of the following must be true:
update, Account collection action, or dispute investigation. Upon request,
1. The purchase must have been made in your home state or within 100 miles
we will tell you the name and address of any consumer reporting agency that
of your current mailing address, and the purchase price must have been more
furnished a report on you. You consent to the obtaining of such reports by
than $50. (Note: Neither of these are necessary if your purchase was based on
signing or otherwise submitting an application or solicitation.
an advertisement we mailed to you, or if we own the company that sold you the
You understand that we may report negative information (such as, late pay-
goods or services.)
ments, missed payments, or other defaults) about your Account to con-
2. You must have used your credit card for the purchase. Purchases made with
sumer reporting agencies.
cash advances from an ATM or with a check that accesses your credit card ac-
You give us permission to provide information about your Account to con-
count do not qualify.
sumer reporting agencies and other creditors, as well as to the retailer
3. You must not yet have fully paid for the purchase.
whose name appears on your Card.
If all of the criteria above are met and you are still dissatisfied with the purchase,
Credit report disputes
contact us in writing at:
If you believe the Account information we reported to a consumer reporting agen-
Comenity Capital Bank
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
PO Box 182620, Columbus, Ohio 43218-2620
Box 182120, Columbus, Ohio 43218-2120.
While we investigate, the same rules apply to the disputed amount as discussed
Your written dispute must provide sufficient information to identify the Account
above. After we finish our investigation, we will tell you our decision. At that
and specify why the information is inaccurate:
point, if we think you owe an amount and you do not pay, we may report you as
Account Information: Your name and Account number
delinquent.
Contact Information: Your address and telephone number
G. Optional products
Disputed Information: Identify the Account information disputed and ex-
Credit insurance (as applicable)
plain why you believe it is inaccurate
Supporting Documentation: If available, provide a copy of the section of
Purchasing credit insurance is optional. If you do choose to carry credit insur-
the credit report showing the Account information you are disputing
ance coverage, the premium charge will be added to your Account as a purchase
We will investigate the disputed information and report the results to you within
on the last day of each billing period. You can cancel your coverage at any time.
Account Assure Pro Debt cancellation (as applicable)
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
Purchasing Account Assure Pro is optional.
necessary correction to each consumer reporting agency to which we reported
Your decision whether or not to purchase Account Assure Pro won't affect
the information.
your application for credit or the terms of any existing credit agreement you
Your Billing Rights: Keep This Document For Future Use
have with us.
This notice tells you about your rights and our responsibilities under the Fair
The monthly fee for Account Assure Pro is based on the outstanding month-
Credit Billing Act.
ly balance on your Account each month and will be added to your State-
ment.
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 Capital
We'll provide additional information before you're required to pay for Ac-
Bank, PO Box 182620, Columbus, Ohio 43218-2620
count Assure Pro. This will include a copy of the terms and conditions
pertaining to Account Assure Pro.
In your letter, give us the following information:
Account information: Your name and account number.
You can cancel your Account Assure Pro at any time.
Dollar amount: The dollar amount of the suspected error.
There are eligibility requirements, conditions, and exclusions that could
Description of problem: If you think there is an error on your bill, describe
prevent you from receiving benefits under Account Assure Pro.
what you believe is wrong and why you believe it is a mistake.
Be sure to carefully read the Addendum for a full explanation of the terms
of Account Assure Pro.
You must contact us:
Within 60 days after the error appeared on your statement.
H. Communicating with us
At least 3 business days before an automated payment is scheduled, if you
Communicating to you about your Account
want to stop payment on the amount you think is wrong.
If we need to contact you to service your Account or to collect amounts you owe
You must notify us of any potential errors in writing. You may call us, but if you
to us, you give direct consent to us, as well as servicers, agents, contractors and
do we are not required to investigate any potential errors and you may have to
collectors of your Account, to communicate with you in any way, such as calling,
pay the amount in question.
texting, or electronic mail via:
What Will Happen After We Receive Your Letter
1)
a cell, landline, or text number you provide, use to contact us, or at which
When we receive your letter, we must do two things:
we believe we can reach you (even if it is not yours),
1. Within 30 days of receiving your letter, we must tell you that we received your
2)
any electronic mail address you provide to us or one of our merchants,
letter. We will also tell you if we have already corrected the error.
3)
automated dialer systems and automatic telephone dialing systems,
2. Within 90 days of receiving your letter, we must either correct the error or
4)
pre-recorded or artificial voice messages and other forms of communica-
explain to you why we believe the bill is correct.
tions.
While we investigate whether or not there has been an error:
You also agree that these communications aren't unsolicited for purposes of any
We cannot try to collect the amount in question, or report you as delinquent
state or federal law, and you understand that this may result in additional mobile,
on that amount.
text message, or data charges.
The charge in question may remain on your statement, and we may continue
Phone monitoring
to charge you interest on that amount.
To provide you with high-quality service, phone communication with us is
While you do not have to pay the amount in question, you are responsible
monitored and/or recorded.
for the remainder of your balance.
You agree that we monitor and/or record any phone calls between you and
We can apply any unpaid amount against your credit limit.
us.
After we finish our investigation, one of two things will happen:
Please inform all authorized cardholders of this provision, including anyone
If we made a mistake: You will not have to pay the amount in question or
acting on your behalf or making payments on this Account.
any interest or other fees related to that amount.
For Wisconsin residents:
If we do not believe there was a mistake: You will have to pay the amount in
If you are married, please contact us immediately upon receipt of this Agreement
question, along with applicable interest and fees. We will send you a state-
at 1-866-303-5087 and provide us with the name
ment of the amount you owe and the date payment is due. We may then
and address of your spouse. We are required to inform your spouse that we have
report you as delinquent if you do not pay the amount we think you owe.
opened a credit account for you.
If you receive our explanation but still believe your bill is wrong, you must write
For bankruptcy notifications:
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
All bankruptcy notices and related correspondence to Comenity Capital Bank
report you as delinquent without also reporting that you are questioning your bill.
should be sent to the following address: Comenity Capital Bank, Bankruptcy
We must tell you the name of anyone to whom we reported you as delinquent,
Department, PO Box 183043, Columbus, Ohio 43218-3043.
and we must let those organizations know when the matter has been settled
between us.
I. Arbitration and jury trial waiver
If we do not follow all of the rules above, you do not have to pay the first $50 of
A. Jury trial waiver
the amount you question even if your bill is correct.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
If you are dissatisfied with the goods or services that you have purchased with
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
your credit card, and you have tried in good faith to correct the problem with the
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
merchant, you may have the right not to pay the remaining amount due on the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
purchase.
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
B. Notice and cure
any language in this Arbitration Provision to the contrary, no arbitration may be
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
administered, without the consent of all parties to the arbitration, by any Admin-
ing out of or related to this Agreement (as further defined below, a "Claim"),
istrator that has in place a formal or informal policy that is inconsistent with the
the party asserting the Claim (the "Claimant") shall give the other party (the
Class Action Waiver.
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
shall be sent in writing to the address we have in our records (or any updated
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
address you subsequently provide to us). Any Claim Notice to us shall be sent by
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
(or any updated address we subsequently provide). Any Claim Notice you send
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
must provide your name, address and Account number. Any Claim Notice must
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
explain the nature of the Claim and the relief that is demanded. You may only
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
submit a Claim Notice on your own behalf and not on behalf of any other party.
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
No third party, other than a lawyer you have personally retained, may submit a
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
ing any information about the Claim that the other party reasonably requests.
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
C. Arbitration provision
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
OR MULTIPLE-PARTY ARBITRATION.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
must take place at a location reasonably convenient to you. We will pay any and
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
all fees of the Administrator and/or the arbitrator if applicable law requires us
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
to, if you prevail in the arbitration or if we must bear such fees in order for this
to apply, you may reject it by mailing us a written rejection notice which gives the
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
name of each Cardholder and contains a statement that you (both of you, if more
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
than one) reject the Arbitration Provision of this Agreement. The rejection notice
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
fees if applicable law requires us to.
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
9. Governing Law: This Arbitration Provision involves interstate commerce and
if more than one) and if we receive it within thirty (30) calendar days after the
is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"), and
date we first provide you with a credit card agreement or written notice providing
not by any state arbitration law. The arbitrator must apply applicable substantive
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
law consistent with the FAA and applicable statutes of limitations and claims of
Provision will not affect any other provision of this Agreement or your ability to
privilege recognized at law. The arbitrator may award any remedy provided by the
obtain credit.
substantive law that would apply if the action were pending in court (including,
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
without limitation, punitive damages, which shall be governed by the Constitu-
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
tional standards employed by the courts). At the timely request of either party,
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
the arbitrator must provide a brief written explanation of the basis for the award.
employees, officers and directors of such companies (the "Bank Parties"); and
10. Right to Discovery: In addition to the parties' rights to obtain discovery
(b) any other person or company that provides any services in connection with
pursuant to the arbitration rules of the Administrator, either party may submit
this Agreement if you assert a Claim against such other person or company at the
a written request to the arbitrator to expand the scope of discovery normally al-
same time you assert a Claim against any Bank Party.
lowable under the arbitration rules of the Administrator. The arbitrator shall have
3. Covered Claims: "Claim" means any claim, dispute or controversy between
discretion to grant or deny that request.
you and us that in any way arises from or relates to this Agreement, the Account,
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
the issuance of any Card, any rewards program, any prior agreement or account.
award may be entered by any court having jurisdiction. The arbitrator's decision
"Claim" includes disputes arising from actions or omissions prior to the date
is final and binding, except for any right of appeal provided by the FAA. However,
any Card was issued to you, including the advertising related to, application for
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
or approval of the Account. "Claim" has the broadest possible meaning, and
or declaratory relief that could foreseeably involve a cost or benefit to either party
includes initial claims, counterclaims, cross-claims and third-party claims. It
exceeding $50,000, any party can, within 30 days after the entry of the award
includes disputes based upon contract, tort, consumer rights, fraud and other
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
intentional torts, constitution, statute, regulation, ordinance, common law and
Administrator. The panel shall reconsider anew any aspect of the initial award
equity (including any claim for injunctive or declaratory relief). "Claim" does not
requested by the appealing party. The decision of the panel shall be by majority
include disputes about the validity, enforceability, coverage or scope of this Arbi-
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
tration Provision or any part thereof (including, without limitation, the prohibition
panel if an appeal of the arbitrator's decision has been taken. The costs of such
against class proceedings, private attorney general proceedings and/or multiple
an appeal will be borne in accordance with Paragraph C.8. above.
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
last sentence of Paragraph C.13 and/or this sentence); all such disputes are for
ment of all amounts owed under this Agreement, the closing of the Account, any
a court and not an arbitrator to decide. However, any dispute or argument that
legal proceeding and any bankruptcy to the extent consistent with applicable
concerns the validity or enforceability of the Agreement as a whole is for the
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
arbitrator, not a court, to decide.
tion Provision, on the one hand, and the applicable arbitration rules or the other
4. Starting an Arbitration: Arbitration may be elected by any party with respect
provisions of this Agreement, on the other hand, this Arbitration Provision shall
to any Claim, even if that party has already initiated a lawsuit with respect to a
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
different Claim. Arbitration is started by giving a written demand for arbitration
13. Severability: If any portion of this Arbitration Provision, other than the Class
to the other party. We will not demand to arbitrate an individual Claim that you
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
bring against us in small claims court or your state's equivalent court, if any. But
nevertheless remain in force. If a determination is made that the Class Action
if that Claim is transferred, removed or appealed to a different court, we then
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
have the right to demand arbitration.
main in force and the remaining provisions shall be null and void, provided that
5. Choosing the Administrator: "Administrator" means the American Arbitration
the determination concerning the Class Action Waiver shall be subject to appeal.
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
14. Special Payment: If (1) you submit a Claim Notice in accordance with
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
jamsadr.com; or any other company selected by mutual agreement of the par-
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
subsequently determines that you were entitled to such relief (or greater relief),
to select an Administrator by mutual consent, the Administrator will be selected
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
by a court. The arbitrator will be appointed by the Administrator in accordance
you are entitled).
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
comenity
Comenity Capital Bank, Salt Lake City, UT
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
328ALLC083013
that we are electing to arbitrate any Claim (or, if you dispute our right to require
221471005 (03/14)
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
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
0.00%
introductory APR for 6 months.
(APR) for Purchase
Prime rate plus
16.74%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 23.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
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