Your Herberger's Credit Card account agreement.
321811006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default, we may suspend your ability to make
charges,
close
about using and managing your account, including a Privacy
your
Account
require
you
to
pay
the
full
amount
you
owe
im-
mediately or take any other action permitted by law. applicable law requires
Statement and information concerning your billing rights. Your
to so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your default.
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss theft of your credit card or possible unauthori use
interest charges and fees.
of your card, should write to us immediately at PO Box 182273 Columb
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-2273 or call at 1-855-567-7743 (TDD/TT 1-800-695-1788).
You will not be liable for any unauthorized that occurs after you notify us. You
an Arbitration Provision in the event of a dispute.
may, however, be liable for unauthorized use that occurs before your notice to us.
You have a right to reject this Arbitration Provision
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit
Plans
o Eliminate your right to a trial by jury; and
Your Account may consist of non -promotional "Regular Revolving' Credit
o
Substantially affect your rights, including your right to
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minimum re-
Please read each section carefully and keep this document for
guirements and minimum payment) may vary occasionally our discretion
your records
and include one or more Regular Revolving or promotional Credit Plans,
We may offer different promotional Credit Plans from time to time
In the following sections, you will find information on:
If promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An at-a -glance summary of the fees and charges
this Agreement will include information about the terms for the Plan. by use
with
your
account
of an insert, attachment, or other written information provided as part of this
A. Getting started: the basics of your account
B. Keeping your account in good standing avoiding default, and what to do
Normal late fees, returned payment fees and all other provisions apply to
card lost stolen, as applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account: credit plans, and credit limits, and how
Plan
offering.
payments are calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo
D. Interest, fees and charges when and how fees and costs are appl ed to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes to your account
0 Waive Interest, Payment Required 0 Defer Interest Payment Required
F.
Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest, Equal Payment o Defer Interest Low Payment
and receive from, reporting agencies, and what to do you think
o Waive Interest, Low Payment
o Low APR, Equal Payment
there
an
error
on
your
periodic
statement
o Defer Interest. Equal Payment
o Budget Payment
G Optional products: how protect your account from fraud or theft, and
Skip-payment option
information services that can help pay your debt case of emergencies
At our discretion we may allow you to skip making the Minimum Payment
H.
Communicating with us what happens when you contact
Interest Charges will be assessed during the skip-payment period, but late
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
fee won't be imposed. This will not be considered a waiver of any of the
a
jury
trial
waiver
and
Arbitration
provision
rights
granted
by
this
Agreement.
Privacy statement: how collect use share, and protect your personal informa-
All other terms of your Account apply during the skip-payment period.
tion: and the privacy choices you can make
Credit
limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any time
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
If you do exceed your Credit Limit can still charge you for all transac-
Annual Percentage
24.99%
tions, interest and other charges without giving up any of our rights under
this Agreement.
Rate (APR) for
This APR will vary with the market based
We may change your Credit Limit at any time.
Purchases
on the Prime Rate.
Account cancellation
You may cancel your Account. You're still obligated to pay the full amount
you
owe
Your due date is at least 25 days after
us.
cancel your Account at any time, for any reason.
How to Avoid
the close of each billing cycle. We will
We may refuse to authorize any purchase on your Account. We may also
Paying Interest
not charge you interest on purchases if
suspend your Account and your right to use your Card, including each Card
you pay your entire balance by the due
you
give
to
others.
date each month.
may stop offering any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn't negate your obligation to
Minimum Interest
If you are charged interest, the charge
pay any amount you owe us.
Charge
will be no less than $2.00 per credit
Cancellation of your Account includes each Card you give to others.
Minimum Payment
plan
You can pay all of your Account balance at any time without
For Credit
To learn more about factors to consider
penalty.
Card Tips from
when applying for or using a credit
You must pay at least the Total Minimum Payment for each billing period by
the Consumer
card, visit the website of the Consumer
the Payment Due Date shown on your Statement.
Financial
Financial Protection Bureau at http://
The Minimum Payment is the total of the minimum payments for the Regu-
Protection Bureau
lar Revolving and promotional Credit Plans plus any Past Due amounts
www.consumerfinance.gov/learnmore
The Total M nimum Payment won't be less than $25.00 your Account
balance is less than $25.00, you must pay the amount indicated on your
Fees
Statement in full.
The minimum payment for each Credit Plan is calculated as follows:
Annual Fee
None
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
Penalty
Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Plans will be the greater of:
Late Payment
Up to $35
(a) $5.00; or
Returned Payment
Up $35
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on your for that Credit Plan.
How We Will Calculate Your Balance: We use a method called
o
The payment for the Waive Interest Equal Payment and De-
"daily balance.' See your Account agreement for more details.
fer Interest Equal ayment Credit Plans be the amount the pur-
chase divided by the number of months between the date of the pur-
Billing Rights: Information on your rights to dispute transactions
chase and the omotional period end date (minimum $5.00) rounded
and how to exercise those rights is provided in your account
up
the
nearest
$1.00.
agreement.
o
The payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Rate Information: The following chart provides details on your rate as of June 1,
charges that will be assessed from the date of purchase through the
2014. We divide the APR by 365 to determine the daily periodic rate.
end of the promotional period divided by the number of months be-
tween the date the purchase and the promotional period end date
Add Index
APR
Daily Periodic Rate
(minimum $5.00) rounded up to the nearest $1.00.
The minimum payment for the Waive Interest, Low Payment and Defer
Purchase APR
21.74%
24.99%
0.06846%
Interest, Low Payment Credit Plans will be the greater of:
(a) $5.00 or
We'll charge you minimum interest charge of $2.00 per credit plan for any
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
billing period in which interest is due. For additional information, see Rates in
shown on your Statement for that Credit Plan.
Section
Payment application
Minimum Payment:
We reserve the right to apply payments equal to or less than the Total Mini-
The amount you must pay each billing period ("Total Minimum Payment" is the
mum Payment however we see which may result in balances subject to
total
of
minimum
payments
for
Regular
Revolving
and
promotional
Credit
Plan
lower interest rates being paid prior to other balances. This may also result
purchases plus any Past Due amounts. The Total Minimum Payment won't be
in
higher
interest
charges
less
than
$25.0
If
your
Account
balance
is
less
than
$25
00.
you
must
pay
the
Any payment you make in excess of the required Total Minimum Payment
amount indicated on your billing statement "Statement") in full. The minimum
will be allocated to your Account as required by applicable
payment due for each Regular Revolving Credit Plan will be the greater of:
Excess payments received before deferred interest promotion expires are
(a) $5.00; or
applied the deferred interest promotional balance first in the last two bill-
(b) 3.5% of the New Balance shown on your Statement for that
ing periods of the promotional period.
Credit Plan (rounded up to the nearest $1.00).
D. Interest, fees and charges
See Minimum Payment in Section C below for promotional credit plan minimum
payment
calculations.
Interest charges
The APR information described below is accurate as of June 1, 2014. Due to a
If you make purchase under a Regular Revolving Credit Plan, interest
change the index, information may have changed To find out more, call
charges won't be imposed in any billing period in which (i) no Previous Bal-
us at -855-567-7743 (TDD/TTY: -800 -695-1788). or write us at Comenity
ance exists (ii) payments and credits issued by the Payment Due
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
Date, equal or exceed the Previous Balance.
comen ty.net/herbergers
If the New Balance shown on your last Statement isn't paid in full by the
A. Getting Started
Payment Due Date shown your last Statement. there will be an interest
Definitions
charge on each purchase from the date of purchase
If you make purchase under any Waive Interest Credit Plan,
In this Agreement, "We. "Us" and "Our" mean Comenity Bank. "You" and
won't
'Your' mean each person who submits an application or solicitation for an Ac-
charge interest on the purchase you pay the total purchase amount be-
count with 'Account' means your credit card account with us. 'Card" means
fore the end of the promotional period If you don't pay the total purchase
each credit card we issue for your Account, as applicable. "Credit Plan" means
amount before the end of the promotional period, we'll the remaining
one or more payment program options Herberger's may ask us to offer from time
amount to your Regular Revolving balance We'l also begin charging inter
to time.
est on the purchase from the first day after the promotional period ends.
Upholding your Agreement
If you make purchase under any Defer Interest Promotional Credit Plan
and don't pay the total amount before the end of the promotional period,
You agree to the terms of this Agreement, and promise to do everything
we' add the remaining purchase amount and the amount of accrued inter-
required of you. you sign submit an application licitation to obtain
est to your Regular Revolving balance
credit from us, you'll be legally bound by this Agreement. You're also legally
If you make purchase under Low APR. Equal Payment Credit Plan,
bound you sign charge slip, or permit someone else to use the credit
interest will assessed from the date of purchase through the end of the
provided
promotional period.
You agree that the credit extended under your Account will be used only for
How we calculate Interest Charges on your Account
personal, family or household purposes and not for business or commercial
purpose
We calculate interest separately for each Credit Plan, using "Daily Balance" to
If the Account is joint Account, you and the joint Account holder will be
determine interest charges for each billing period. Our calculation method is as
follows:
bound by this Agreement Each of you will jointly and individually respon-
sible for repaying all amounts due. If more than one person responsible
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees)
for this Account, we will only provide billing statements and communica-
tions
one
you.
We subtract any payments credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance as zero balance) and add new transactions and debit adjustments
Agreement. One additional Card may be issued with the individual
posted as of that day. This gives us the "Partial Daily Balance' for the day.
an authorized user embossed the Card. you want to revoke the use of
We then multiply the Partial Daily Balance for the day by the Daily Periodic
you Account by an authorized either write us at the address, or call us
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
the day's Partial Daily Balance
at the phone number shown on your Statement
You agree to pay for all ansactions made your Account by an authorized
We've now determined the "Daily Balance, which will be the beginning
user whether or not such transactions were authorized by you or made for
balance for the following day. This results in daily compounding of interest
your benefit.
charges.
Card signature (as applicable)
At the end of each billing period we add together each Credit Plan's Daily
Interest Charge, which gives us the total interest charge.
For your own protection please sign your Card before using it Keep in mind that
Your Statement will show Balance Subject to Interest Rate. which is the
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred your Account.
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
Using your Account
Rates
Your Account may be used to make purchases from Herberger's and other
The Index in effect for each billing per od will be the highest "Prime Rate'
retailers we may determine occasionally by notifying you via electronic mail,
statement
of interest as published in the "Money Rates' section of The Wall Street
message,
website
posting,
other
method
Journal for the calendar month preceding the month which the billing pe-
We reserve the right to not honor transactions related to, including, but not
riod begins, rounded upward necessary to the nearest .001% "Index")
limited to. gambling, ATM usage at casinos, and illegal activities.
Any variable APR may increase the Index
Making payments
An increase or decrease in the APR will result in corresponding increase
Pay your Account by sending check. money order. or cashier's check pay-
or decrease in the amount of interest and may increase the Total Minimum
able U.S. dollars, to the name and address shown on your Statement
Payment
specified for payments Please don't send cash.
Other fees and charges
Be sure to include your payment stub, do not staple your payment the
You agree to pay the following fees and charges
stub. the envelope provided with your Statement and don't send any
correspondence
with
Late Fee you don't pay least the inimum Payment Due by the Pay-
your
payment
ment
Due
Date.
will
charge
you
late
fee.
If your payment doesn't meet these requirements it may not be credited to
o
your Account for up to five days, or may be rejected
The fee $25.00 you were not charged late fee during any of the
prior six billing periods.
All written communications concerning disputed amounts including any
o
Otherwise, the fee $35.00
check or other payment instrument marked with payment in full" similar
o
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
This fee will never exceed the minimum payment due that was due
ediately prior to the date on which the fee assessed
Antonio,
Texas
78247-5004.
Returned Payment Fee We may charge you fee for each payment that your
O We may accept payment sent to any other address without losing any
bank
doesn'
honor
for
any
reason
of
our
rights.
o
No payment shall operate as an accord and satisfaction without our
The fee $25. ,00 if you were not charged returned payment fee dur-
O
ing any of the prior six billing periods.
prior written approval.
o
Otherwise, the fee is $35.00.
B. Keeping your account in good standing
o
This fee will never exceed the minimum payment due that was due
Avoiding default
immediately prior to the date on which the fee was assessed
You'll be in default under this Agreement if you:
Although we may decide to do so, we aren't required to attempt to collect a
Fail make any payment when due
payment more than once.
Violate any provision of this Agreement
Document Fees: we provide you with copy of any Statement sa draft
Pass
away
or similar document at your request (except in connection with billing error
Become the subject of bankruptcy or insolvency proceedings
inquiries or resolution), we may charge the Account the following fee(s),
Supply us with misleading false, incomplete incorrect information
subject to any limitations applicable law:
Are unable or unwilling perform the terms or conditions of this Agreement
Statement copy $6.00
Fail to supply us with any informa we deem necessary
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
Check/Money
copy
$6.00
affiliates
Alternative Payment Method Fee We may offer alternative payment meth-
Become incompetent
ods that allow you make individual. expedited payments to your Account
Exceed your Credit Limit
over the phone. If you choose to use this payment method, we assess
Issue a payment returned unpaid by your bank for any reason
the current fee we charge for this service subject to any limitations of ap-
plicable law. Currently, that fee is 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.
E. Other important information
I. Arbitration and jury trial waiver
Collection costs
A. Jury trial waiver
To the extent not prohibited by applicable law, you agree to pay the reasonable
costs for collecti amounts due including reasonable attorney's fees and court
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAI
costs incurred by us or another person or entity.
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING ou
Changes
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL
ARBITRATION PROVISION BELOW (INCLUDING THE JUI
We may add, change, or delete the terms of your Account. If required by appli
CONTAINED THEREIN). YOU AND WE EACH REPRESENT T
cable law. will give you advance written notice of the change(s) and right to
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
reject the change(s)
B. Notice and cure
Security Interest
Prior to bringing lawsuit or initiating an arbitration that
You grant security interest in all goods you purchase through the use of the
out of or related to this Agreement (as further defined belo
Account,
now
at
any
time
the
future
and
all
accessions
to
and
proceeds
of
party asserting the Claim (the "Claiman shall give the other
such goods. We waive any security interest we may have your principal dwell-
dant") written notice of the Claim (a "Claim Notice and
ing, the extent that would otherwise secure any obligation arising hereunder.
Changes to your information
nity not less than 30 days. to resolve the Claim Any Claim
be sent writing to the address we have in our records (or a
You agree notify immediatel of any changes to your name, mailing address,
subsequent|
to us).
Any
Claim
Notice
mail address or telephone number(s).
Comenity Bank, PO Box 182436 Columbus Ohio 43218-24
Governing Law
address we subsequently provide). Any Claim Notice you
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APP LICABLE FEDERAL
name, address and Account number. Any Claim Notice
THIS IS THE LAW ARE SPEAKING OF WHEN WE REFER TO A TERM
of
the
Claim
and
the
relief
that
demar
nded.
You
may
only
PERMITTED OR REQUIRED BY APPLICABLE LAW.
tice
on
own
behalf
and
not
on
behalf
of
any
other
party
Transfer of Rights/Assignment
than lawyer you have personally retained may submit C
Your
rights
under
this
can't
be
transferred
by
you,
by
operation
of
law
behalf The Claimant must reasonably providi
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
personal
about the Claim that the other party reasonably requests
representatives
We
may
transfer
assign
Account
and/or
this
C.
Agreement,
Arbitration
provision
or any of our rights under this Agreement, to another person or entity at any time
READ THIS ARBITRATION PROVISION CAREFULLY. IF YO
without
notice
to
you
or
your
consent
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PAI
No
Waiver
of
Rights
LOW, IT WILL BE PART OF THIS GREEMENT AND WILL
We delay enforcing our rights under this Agreement without losing them
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE A
Severability
YOU OR WE HAVE AGAINST EACH OTHER NOW OR THE
If any provision of this Agreement is in conflict with applicable law that provision
Your Right to Reject: If you don't want this Arbitration
will be considered to be modified to conform with appl icable law
prior arbitration between you and us ("Prior Arbitr
Notice to New Jersey Residents
to apply, you may reject by mailing us written rejection
All provisions of this agreement are valid, enforceable and applicable in New
the name each Cardholder and contains statement that
Jersey.
more than one) reject the Arbitration Provision this Agreer
F. Disputes and Reporting to Consumer Reporting Agencies
notice must be sent to at Comenity Bank, PO Box 18242
Credit Reports
18-2422. A rejection notice only effective if signe
if more than one) and if we receive within thirty (30) cale
You give us permission to investigate your credit record.
date we first provide you with credit card agreement or writt
You
agree
that
credit
report
may
be
requested
in
connection
with
the
you right to reject this Arbitration Provision. Your rejection
processing
your
credit
applicati
A
report
may
also
be
requested
in
Provision will not affect any other provision of this Agreeme
connection
with
credit
extension,
request
renewal
or
obtain credit
update
collecti
action.
or
dispute
investigation.
Upon
request
2. Parties Subject to Arbitration: Solely as used in this Arbitr
tell you the name and address of any reporting agency that
not elsewhere this Agreement) the terms "us" and
furnish report on you. You consent to the obtaining of such reports by
menity
Bank,
any
parent
subsidiary
or
affiliate
of
the
Bank
signing
otherwis
submitting
application
or
solicitation
officers and directors such companies (the "Bank Parties
You
nderstand
that
may
report
negative
information
(such
as
late
pay-
or
company
that
provides
any
services
connection
ments. missed payments, or other defaults about your Account to consumer
asser Claim agains such other person or company
reporting
agencies
assert Claim against any Bank Party
You give us permission to provide information about your Account to con-
3. Covered Claims: means any claim dispute or
sumer reporting agencies and other creditors, as well as to the retailer whose
you
and
us
that
any
way
arises
from
relates
this
Agree
name
appears
on
your
Card.
the issuance of any Card, any rewards program, any prior agr
Credit report disputes
"Claim
includes
disputes
arising
from
actions
omission
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen
any Card was issued you, including the advertising related
cy is inaccurate you may submit direct dispute to Comenity Bank, PO Box
or
approval
of
the
Account
"Claim"
has
the
broadest
182789,
Columbus,
Ohio
43218-2789.
includes initial claims counterclaims cross-claims and th
written dispute must provide suffic ent information to identify the Account
includes
disputes
based
upon
contract
tort,
consumer
right
and specify why the information inaccurate
intentional torts, constitution statute. regulation,
Account
Information:
Your
name
and
Account
number
equity
(including
any
claim
for
injunctive
declaratory
relief
Contact Information: Your address and telephone number
include disputes about the validity, enforceability coverage
Disputed Information Identify the Account information disputed and ex-
tration
Provision
any
part
thereof
(including,
without
limitat
plain
why
you
believe
against proceedings, private attorney general proceedi
Supporting Documentation: available. provide copy of the section of the
party proceedings described in Paragraph C. (the "Class A
credit
report
showing
Account
information
you
are
disputing
last sentence of Paragraph and/or this sentence):
We
will
investigate
the
disputed
information
and
report
the
results
to
you
within
a
court
and
not
an
arbitrator
to
decide
However
any
disput
30 days of receipt of the needed for our investigation If we find that
the validity or enforceability of the Agreement as
the
Account
reported
inaccurate
we
will
promptly
provide
the
arbitrator
not
court,
decide
necessary correction to each consumer reporting agency to which we reported
4. Starting an Arbitration: Arbitration may be elected by any
the information
to any Claim even that party has already initiated lawsu
Your Billing Rights: Keep This Document For Future Use
different Claim Arbitration is started by giving written den
This notice tells you about your rights and our responsibilities under the Fair
to
the
other
party.
We
will
not
demand
to
arbitrate
an
indivio
Credit
Billing
Act
bring
against
us
small
claims
court
or
your
state's
equivaler
What To Do If You Find Mistake On Your Statement
that Claim is transferred removed or appealed to differ
think an error on statement. write to us at: Comenity Bank, PO
have
the
right
demand
arbitration.
182782. Columbus, 43218-2782
5. Choosing the Administrator: "Administrator" means the A
In your letter, give us the following information
Association "AAA") 1633 Broadway 10th Floor, New York
Account information: Your name and account number
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York,
Dollar amount: The dollar amount of the suspected error
or any other company selected by mutual agr
Description of problem: If you think there an error on your bill, describe
both AAA and JAMS cannot or will serve and the
what
you
believe
is
wrong
and
why
you
believe
it
mistake.
to
select
an
Administrator
by
mutual
consent,
the
You must contact us:
by
court
The
arbitrator
will
be
appointed
by
the
Administ
Within 60 days after the error appeared on your statement
with
the
rules
of
the
Administrat
However,
the
arbitrator
At
least
3
business
days
before
payment
is
scheduled,
if
former
judge
you
or a
lawyer
with
at
least
10
years
experience
want
to
stop
payment
on
the
amount
you
think
wrong
Administrator
it
you
give
written
notice
your
selection
You must notify us of any potential errors writing. You may call us but if you
you are electing to arbitrate any Claim or within 20 days after
do not required to investigate any potential errors and you may have to pay
that
we
are
electing
to
arbitrate
any
you
dispute
the
amount
in
quest
arbitration
of
the
Claim,
within
20
days
after
that
dispute
What Will Happen After We Receive Your Letter
If you do not select Administrator on time may do
When
your
two
things
any language in this Arbitration Provision to the contrary no
1.
Within
30
days
your
letter
must
tell
you
that
we
received
administered
your
the
consent
of
parties
to
the
arbitrat
letter.
will
also
tell
you
we
have
already
corrected
the
error.
istrator that has place formal or informal policy that
2.
Within
90
days
receiving
your
letter.
must
either
correct
the
Class
Action
error
or
Waiver
explain
to
you
why
we
believe
the
6. Court and Jury Trials Prohibited: Other Limitations on Le
While
estigate
whether
not
there
has
been
an
error:
OR WE ELECT TO ARBITRATE AIM. YOU WILL NOT HA
We cannot try to collect the amount in question, or report you as delinquent
PURSUE THAT LAIM IN COURT OR HAVE JURY DECIDE
on
that
YOUR ABILITY TO OBTAIN INFORMATION FROM US MOI
The charge question may remain on your statement, and we may continue
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT
to
charge
you
interest
on
that
amount
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
While you not have to the amount in question, you are responsible for
7.
Prohibition
Against
Certain
dings:
YOU
OR
WE
the
remainder
of
your
balance.
TRATE A CLAIM: NEITHER YOU NOR WE MAY PARTIC
can apply any unpaid amount aga your credit limit
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION. EIT
After
we
finish
our
investigation,
one
of
two
things
wil
happen
TIFF DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU
e made mistake. You will not have pay the amount in question or any
AS A PRIVATE GENERAL IN COURT OR IN /
terest
or
other
fees
related
to
that
amount
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOII
If not believe there mistake will have to pay the amount
in
DATED WITH CLAIMS BROUGHT BY OR AGAINST OTH
question,
along
with
applicable
interest
and
fees.
We
will
send
you
state
(4) THE SHALL HAVE NO POWER OR AUTHOR
ment of the amount you and the date payment is due. We then
CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENER
report
you
as
delinquent
if
not
pay
the
amount
we
think
you
owe
OR MULTIPLE -PARTY ARBITRATION.
If you receive ou explanation but still believe your bill wrong you must write
8. Location and Costs of Arbitration:
Any
arbitration
heari
to
within
10
days
telling
us
that
you
still
refuse
to
pay
you do
must
take
place
at
location
reasonably
convenient
to
you.
y
report you as delinquent also reporting that you are questioning your bill.
of the dministrator and/or the arbitrator if applical
We
must
tell
the
name
of
anyone
to
whom
we
reported
you
the
as
delinquent
you
prevail
in
arbitration
or
we
must
bear
such
must let those organizations know when the matter has been settled
itration Provision to be enforced If VOL demand an arbit
between
reasonable attorneys and experts fees you prevail
not follow all of the rules above you do not have to pay the first $50 of
fees in order for this Arbitration Provision to be enforced Als
the
amount
your
bill
correct
fees
applicable
law
requires
us
to.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
9. Governing Law: This Arbitration Provision involves interst
If
dissatisfied
with
the
goods
services
that
you
have
purchased
with
is
governed
by
the
Federal
Arbitration
Act
9
U.S.C.
1-16
you credit card, and you have tried good faith to correct the problem with the
not by any state arbitration The arbitrato must apply
merchant, you may have the right not to pay the remaining amount due on the
law
consistent
with
the
FAA
and
applicable
statutes
limitat
purchase.
privilege recognized at law. The arbitrator may award any
To
use
this
right,
all
the
following
must
be
true
substant
law
that
would
apply
the
action
were
pending
The purchase have been made your home state or within 100 miles
without limitation, punitive damages which shall be govern
of
your
current
mailing
address
and
the
purchase
price
must
have
been
tional
more
standards
employed
by
the
courts).
At
the
timely
regu
than $50. (Note: Neither of these are necessary your purchase was based on
arbitrator provide brief written the
an
advertisement
we
mailed
to
you,
or
if
we
own
the
company
that
sold
you
the
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
services.)
pursuant to the arbitration rules of the Administrator. either
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
written
request
to
the
arbitrator
to
expand
the
scope
of
dis
cash advances from an ATM or with check that accesses your credit card ac-
lowable under the arbitration rules of the Administrator The a
count
not
qualify.
discretion
grant
deny
that
You must yet have fully paid for the purchase
11. Arbitration Result and Right of Appeal: Judgment
up
all the criteria above are met and you are still dissatisfied with the purchase,
award
may
be
entered
by
any
court
having
jurisdiction.
The
contact us writing at:
fina and binding, except for any right appeal provided by
Comenity Bank
if
the
amount
the
Claim
exceeds
$50.000
involves
red
PO Box 182782, Columbus Ohio 43218-2782
or declaratory relief that could foreseeab involve cost be
While
we
investigate,
the
same
rules
apply
to
the
disputed
amount
as
discussed
exceeding
$50,000,
any
party
can,
within
30
days
after
the
above
After
finish
our
investigation,
will
tell
you
our
decision.
At
that
by the arbitrator appeal the award three-arbitrator panel a
point.
we
think
you
owe
an
amount
and
you
do
not
pay
we
Administrator.
The
report
panel
shall
may
you
reconsider
anew
any
aspect
o
delinquent.
requested by the appealing party. The decision of the panel
G. Optional products
vote in this Arbitration Provision to arbitrate
panel
an
appeal
the
arbitrator's
decision
Credit insurance (as applicable)
been
taken
an appeal will borne accordance with Paragraph at
Purchasing credit insurance optional If you do choose to carry credit
12. Rules of Interpretation: This Arbitration Provision shall
coverage,
the
premium
charge
will
be
added
to
your
Account
as
purchase
on
of amounts owed under this Agreement the closing
the last day of each billing period. You cancel your coverage at any time.
legal
proceeding
and
any
bankruptcy
to
the
extent
Account Assure Debt cancellation (as applicable)
bankruptcy
law.
In
the
event
of
conflict
inconsistency
be
Purchasing
Account
Assure
optional.
tion Provision on the one hand. and the applicable arbitratic
Your lecision whether or not to purchase Account Assure won't affect your
provisions of this Agreement on the other hand this Arbitra
application for credit or the terms of any existing credit agreement you have
govern.
Arbitration
Provision
replaces
any
Prior
Arbitrati
with
13. Severability: any portion of this Arbitration Provision
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
Action Waiver deemed invalid or unenforceable the remai
balance
on
your
Account
each
month
and
be
added
to
your
Statement
nevertheless remain in force. If determination is made tha
We'
provide
additional
information
before
required
to
pay
for
Ac
Waiver unenforceable only this sentence of the Arbitration
count Assure. This will include copy of the terms and conditions pertain-
force and the remaining provisions shall be null and
ing
to
Account
Assure
the determination concerning the Class Action Waiver shal be
You can cancel your Account Assure at any time
14. Special Payment: If (1) you submit Claim Notice
There are eligibility requirements conditions. and exclusions that
could
pre-
Paragraph above on own behalf (and not on behalf
vent
you
from
receiving
benefits
under
Account
Assure
(2) we refuse to provide you with the relief you
Be sure to carefully read the Addendum for full explanation of the terms
subsequently
determines
that
you
entitled
to
of Account Assure.
the arbitrator shall award you at least $5,100 (plus any fees
H. Communicating with us
you are entitled)
Communicating to you about your Account
If
we
need
to
contact
you
to
service
your
Account
or
to
collect
amounts
comenity
Comenity Bank, Wilmington, DE
to us you give direct consent to us, as well servicers. agents, contractors and
collectors your Account communica with you in any way, such as calling
32
texting,
or
electronic
mail
via:
1)
cell, landline text number you provide. use to contact us. or at which
we
believe
can
reach
you
(even
it is
not
yours),
2)
any electronic mail address you provide to one of our merchants,
automated dialer systems and automatic telephone dialing systems,
4)
-recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communicati ions aren't unsolicited for purposes of any
state federal law, and you understand that this may result in addition mobile,
text
message,
data
charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account
For Wisconsin residents:
you
are
please
contact
us
immediately
upon
receipt
of
this
Agreement
(TDD/T 800-695 1788) and provide us with the name
and address of your spouse. We are required to inform your spouse that we have
credit
account
for
you
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Bank should be
to the following address Comenity Bank, Bankruptcy Department, PO Box
182125, Columbus, Ohio 43218-2125.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method