Rate and Fee Summary 

This Rate and Fee Summary (Summary) is part of the Credit Card Agreement (Agreement) for the Lucky Brand Rewards Credit Card 
Account.  Read it and keep it.   

Interest  Rates  and 
Charges 

Interest 

Annual Percentage Rate 
(APR) for Purchases 

26.99% 

This APR will vary with the market based on the Prime Rate. 

How to Avoid Paying Interest  Your due date is at least 25 days after the close of each billing period. 
We will not charge you interest on purchases if you pay your entire 
balance by the due date each month. 

Minimum Interest Charge 

If  you  are  charged  interest,  the  charge  will  be  no  less  than  $2  per 
credit plan. 

For Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or 
using a credit card, visit the website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

Fees 
Annual Fee 

Penalty Fees 
•  Late Payment 
•  Returned Payment 

None 

Up to $40 
Up to $40 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "daily  balance  (including  current 
transactions)." Review your Agreement for more details. 
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided 
in your Agreement. 
Wisconsin  Residents:  If  you  are  married,  contact  us  upon  receipt  of  this  Agreement  at  the  General  phone  number  in  the  How  to 
Contact Us section below and give us your spouse’s name and address.  
Print Date: This Summary was printed July 2020. The information was accurate as of that date but may have changed. To find out 
more, contact us at the General mailing address or phone number in the How to Contact Us section below.  
Issuer Name: Your Card is issued by Comenity Capital Bank. 
Governing Law: This loan is made in Utah and this Agreement is governed by Utah and federal law.   
Rate Information: The following chart provides details on your rates as of the Print Date shown above. If this Agreement was provided 
at point of sale, review the Agreement with your welcome package for variable rate information in effect within 30 days of mailing. 

APR 

Daily Periodic Rate 

Margin 

23.74% 

0.07394% 

26.99% (v) 

Purchases 
(v) = variable 
Annual Fee: If there is an Annual Fee in the Fees table above, this fee will be charged with the close of your first billing period and 
annually thereafter. We will refund this fee if you close your Account within 30 days of the mailing or delivery date of the statement on 
which the fee appears. The fee is otherwise non-refundable. 
Late Fee: If you do not pay the Minimum Payment by the Due Date, we charge a Late Fee. The fee is $29 if you were not charged a 
Late Fee during the prior six billing periods. Otherwise, it is $40. This fee will not exceed the amount permitted by law. 
Returned Payment Fee: If you make a payment that is not honored, we charge a Returned Payment Fee even if the payment is honored 
on resubmission. The fee is $29 if you were not charged a Returned Payment Fee in the same or the prior six billing periods. Otherwise, 
it is $40. This fee will not exceed the amount permitted by law.  
Alternative Payment Method Fee: We may allow you to make an expedited payment over the phone. If you do, we may charge a fee. 
Currently, that fee is up to $15. We’ll let you know the current fee before you authorize any payment and you can withdraw your request 
if you don’t want to pay the fee. 
Minimum Payment: You may pay the entire Account balance at any time. You must pay at least the Minimum Payment each billing 
period by the Due Date on your statement. 
If the New Balance on your statement is less than $29 (or $35 if you were charged a Late Fee during the prior six billing periods), the 
Minimum Payment is the New Balance.  If the New Balance is more than $29 (or $35 if you were charged a Late Fee during the prior 
six billing periods), the Minimum Payment is the Past Due amount plus the sum of the amounts due on each Credit Plan as follows: 

Regular Purchase, Deferred Interest, 
Payment Required and Waived Interest, 
Payment Required 

5% of plan balance at end of billing period rounded up to nearest $1 (minimum $5) 

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Deferred Interest, Equal Payment and 
Waived Interest, Equal Payment  

Purchase amount divided by number of months in promotional period rounded up to 
nearest $1 (minimum $5) 

Low APR, Equal Payment 

Deferred Interest, Low Payment and 
Waived Interest, Low Payment 

Purchase amount including calculated interest charges from purchase date through 
end  of  promotional  period  divided  by  number  of  months  in  promotional  period 
rounded up to nearest $1 (minimum $5) 

1% of plan balance at end of billing period rounded up to nearest $1 (minimum $5) 

Budget Payment or Open Charge 
Budget Payment 

Monthly payments of $49, $99, $149, $199 or $299, as specified in offer based on 
transaction amount 

Open Charge (except Open Charge 
Budget Payment) 

Dependent upon above for corresponding Credit Plan 
If your balance increases during the Open Charge Period, your Minimum Payment 
will increase 

How to Contact Us: 

Arbitration Claims  

Comenity Capital Bank, PO Box 182436, Columbus, OH 43218-2436 

Arbitration Rejection  

Comenity Capital Bank, PO Box 182422, Columbus, OH 43218-2422 

Bankruptcy Notifications 

Comenity Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, OH 43218-3043 

Billing Errors 

Comenity Capital Bank, PO Box 182620, Columbus, OH 43218-2620 

Credit Reporting Disputes 

Comenity Capital Bank, PO Box 182120, Columbus, OH 43218-2120 

Disputed Debts 

6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004 

General 

Credit Card Customer Care: 

•  Lucky Brand Rewards: 1-866-228-5602 

•  TDD/TTY: 1-888-819-1918 
•  comenity.net/luckybrand 
•  Comenity Capital Bank, PO Box 183003, Columbus, OH 43218-3003 
When writing, include your name, address, phone number and Account number. 

Credit Card Agreement 

This Agreement, including the Summary, is your contract with us. Read it and keep it. 
Acceptance: You accept this Agreement if you use the Account or you do not cancel your Account within 30 days after delivery of the 
Agreement. Your signature on any application or solicitation for this Account or other evidence of indebtedness on your Account is your 
signature on this Agreement. 
Arbitration:  This Agreement includes an Arbitration Provision with class action and jury trial waivers. You can reject the Arbitration 
Provision. If you do not, it will be part of this Agreement.  
Changes:  The  rates,  fees  and  terms  of  this  Agreement  may  change  and  we  may  add  or  delete  any  term.  We  will  give  you 
advance notice and a right to reject, if required by law. 
Definitions 

Account: the credit card account with us under this Agreement. 
Authorized User: any person you allow to use your Account.  
Card: one or more cards or access devices, including your Account number or virtual card, we issue to you, or someone you authorize, 
to get credit under this Agreement.  
Cash Advance: if applicable, the use of your Account to: 

  get cash from an ATM, financial institution or other location; 
  buy lottery tickets, money orders, foreign currency, gift cards or similar items; 
  get cash or pay someone using a check we offer for that purpose; 
  make any other transaction the merchant codes as a cash advance, money transfer or gambling.  

Balance transfers are Cash Advances unless we tell you otherwise. 
Credit Plan: each balance subject to different financing terms, such as regular purchases, Cash Advances, and promotional plans. 
Margin: the amount added to the Prime Rate to determine a variable APR.  
Prime Rate: the U.S. Prime Rate in the Money Rates section of The Wall Street Journal on the last business day of the calendar month.   
We, us or our: the issuer of your Card and its successors and assignees.  
You, your or yours: each person who submits an application or solicitation for an Account and any other person contractually liable 
under this Agreement.  

Using Your Account 

Your Agreement  

You agree to use your Account in accordance with this Agreement. You agree to pay us for all amounts due 
on your Account, including charges made by Authorized Users. You agree not to use your Account for illegal 
transactions. 

Use of Account 

You may use your Account to make purchases anywhere the Card is accepted. If your Card has the logo of 
one  of  our  network  providers  (e.g.,  Visa  and  Mastercard),  you  may  use  your  Account  to  make  Cash 
Advances. 

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Authorized Users  You may request Cards for Authorized Users. You must notify us if you wish to cancel the authority of an 

Authorized User to use your Account. 

Joint Accounts 

If this is a joint Account, each of you agrees to be individually and jointly liable for the entire amount owed. 
Any notice we send to either of you will serve as notice to both of you. 

Credit 
Authorizations 

We may decline to authorize a transaction for any reason. We will not be liable to you if we do or if anyone 
refuses any use of your Card.  

Credit Limit 

Promotional 
Credit Plans 

Electronic 
Access 

We will tell you your credit limit or limits. Keep your balance below your credit limit or limits. If you do not, 
you must still pay us. We may change your credit limit or limits at any time, without notice.    

We may offer special financing terms, such as deferred interest, waived interest, low APR or equal payment 
options. The Credit Plan or Plans will be subject to the terms of the offer and this Agreement.   

Applications (apps) on electronic devices (such as mobile wallets) can store your Card and be used to get 
credit under this Agreement. Such transactions are covered by this Agreement. Apps may have separate 
terms of use. We are not responsible for any consequences from your violation of those terms.   

Variable APRs 

Daily Balance 
Method 
(including current 
transactions) 

Interest 

APRs and Interest Based on APRs 
Review your Summary for the APRs that apply to your Account 

We add the applicable Margin specified in the Rate Information chart on the Summary to the Prime Rate to 
determine Variable APRs. Variable APRs increase or decrease when the Prime Rate changes but will not 
exceed any Maximum APR specified in the Rate Information chart. 
Any APR change will take effect on the first day of the billing period that begins after the Prime Rate changes. 
Increased APRs will increase your interest charges and may increase your Minimum Payment. 

We calculate interest for each Credit Plan each day by applying the applicable daily periodic rate to the daily 
balance. The daily periodic rate is the APR for the Credit Plan divided by 365. 
We start with the beginning balance each day (including unpaid interest and fees).   
We add new transactions and fees to the applicable Credit Plan. We add transaction fees to the same Credit 
Plan as the transaction. We add all other fees to the regular purchase Credit Plan. 
We subtract new credits and payments from the applicable Credit Plan and make other adjustments to get 
the partial daily balance.  
We multiply the partial daily balance by the daily periodic rate to get the daily interest.  
We  add  the  daily  interest  to  the  partial  daily  balance  to  get  the  daily  balance.  This  results  in  daily 
compounding of interest.  
We add all the daily interest to get the total interest for the Credit Plan for the billing period. For a Deferred 
Interest Credit Plan, this interest is deferred. 
We round interest to the nearest cent. 

Charging Interest: Interest begins on a transaction, fee or interest from the day added to the daily balance 
until paid in full.  
How  to  Avoid  Paying  Interest  on  Regular  Purchases  (Grace  Period):  If  you  did  not  have  a  Previous 
Balance, or if you paid the New Balance on your previous statement by the Due Date on that statement, we 
will  not  charge  interest  on  new  regular  purchases,  or  any  portion  thereof,  paid  by  the  Due  Date  on  your 
current statement. 
How We Apply Payments May Impact Your Grace Period:  If you do not pay your New Balance in full 
each billing period, then, depending on how we apply your payment, you may not get  a Grace Period on 
new regular purchases. 
Waived Interest Credit Plan: We do not impose interest on plan balances during the promotional period. 
After the promotional period, any remaining balance is added to the regular purchase balance and is subject 
to interest at the then-current rate for regular purchases.  
Deferred  Interest  Credit  Plan:  Interest  accrues  on  plan  balances  from  the  transaction  date.  We  do  not 
impose that interest if you pay the balance in full by the end of the promotional period. After the promotional 
period,  any  remaining  balance  and  interest  from  the  transaction  date  is  added  to  the  regular  purchase 
balance and is subject to interest at the then-current rate for regular purchases. 

Payments 

Payment 
Instructions 

We credit payments in accordance with the terms on your statement. Review your statement for details.  
Pay in U.S. dollars, in funds on deposit in the U.S. If you don’t, we may refuse your payment or charge you 
our costs to collect the funds.  

How We Apply 
Payments 

We apply payments up to the Minimum Payment at our discretion, which may result in balances at lower 
APRs being paid first and higher interest charges. Payments over the Minimum Payment will be applied in 
accordance with law. 

Other Information 

Default 

You are in default if: 

  you fail to comply with this Agreement or any other agreement with us or an affiliate;  
  a bankruptcy or other insolvency proceeding is filed by or against you;  
  we reasonably believe you are unable or unwilling to repay us; 
  you die or are legally incompetent or incapacitated; 
  you give us misleading, false, incomplete or incorrect information or fail to give us any information we 

deem necessary. 

If you are in default, we may declare the entire balance immediately due and payable without notice. 

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Collection Costs 

If we use an attorney to collect your Account, we may charge you our costs if and as permitted by law. These 
may include reasonable attorneys’ fees and court costs.    

Privacy Policy 

You authorize us to share information about you and your Account as permitted by law. Review our Privacy 
Statement for details about our information sharing practices. 

Credit Reporting   We  may  check  your  credit,  employment  and  income  records  in  connection  with  an  application,  update, 
renewal  or  extension  of  credit  on  your  Account  (including  collections  and  dispute  investigations).  You 
consent to our obtaining such records by submitting an application or solicitation. Upon request, we will tell 
you the name and address of any credit reporting agency that furnished a report on you. We may report 
Account status and payment history to credit reporting agencies, other creditors and the company whose 
name or brand appears on your Card.  

Unauthorized Use  Notify us immediately at the General mailing address or phone number in the How to Contact Us section of 
the Summary and assist us in our investigation if your Card is lost or stolen or you believe someone is using 
your Card without your permission.  

Closing Your 
Account 

Foreign 
Transactions 

You  may  close  your  Account  at  any  time.  You  remain  responsible  for  any  amount  owed  under  this 
Agreement. We may close, suspend or not renew your Account at any time, for any reason, without notice. 

If applicable, transactions in foreign currency are converted to U.S. dollars by our network providers (e.g., 
Visa and Mastercard) using their procedures in effect when the transaction is processed. Currently, they use 
a government-mandated or wholesale rate. These procedures may change without notice. 
The conversion rate you get may differ from the rate on the transaction or post date and from the rate our 
network provider gets. A third party may convert a transaction into U.S. dollars or another currency, using a 
rate they select, before sending it to our network provider.  
For any transaction made or processed outside the U.S. or in a foreign currency, we charge a fee in the 
amount on the Summary.   

Conformance 
with Law; 
Severability 

If  any  part  of  this  Agreement  conflicts  with  applicable  law,  that  provision  will  be  considered  modified  to 
conform to applicable law. If any part of this Agreement is invalid, the rest shall remain in effect, except as 
otherwise noted in the Arbitration Provision.   

No Waiver  

We will not lose our rights under this Agreement because we delay or do not enforce them. 

Assignment  

New Jersey 
Residents  

We may assign any or all of our rights and obligations under this Agreement to a third party. You may not 
assign any of your rights or obligations under this Agreement. 

All provisions of this agreement are valid, enforceable and applicable in New Jersey. 

Communications with Us 

Monitoring and Recording: Your communications with us and our affiliates, servicers, agents and contractors may be monitored or 
recorded. Inform Authorized Users and persons acting on your behalf or making payments on this Account of this provision.  
Communication Authorization: You give direct consent to us and our affiliates, servicers, agents and contractors, including collection 
agents, to communicate with you in any way to service or collect your Account, such as calling, texting or email via: 

  any phone number you give us even if the number is or converts to a mobile phone number; 
  any other number you provide, use to contact us or may utilize;  
  any other device or service for which you may be charged for the call, including Voice Over Internet Protocol (VOIP); and 
  any email address you provide to us or any other person or company that provides any services in connection with this Agreement. 
Subject to any restrictions of applicable law, we may contact you using automated telephone dialing systems and/or pre-recorded or 
artificial voice messages and any other form of communication. 
Communications may result in additional mobile, text message, data or other charges. 
You may change your preferences by calling the General phone number on the Summary. 
Disputed Debts: All written communications about disputed amounts, including any check or payment instrument marked "payment in 
full" or similar, must be sent to the address for Disputed Debts on the Summary. We may accept payments sent to any other address 
without losing our rights. 
Bankruptcy Notifications: Send bankruptcy notices and related correspondence to the address for Bankruptcy Notifications on the 
Summary.  
Changes: You agree to notify us at the General phone number or address on the Summary or by updating your information on Account 
Center immediately upon changing your name, email address, mailing address or phone number. 
Communication in Languages Other Than English: You agree to receive all Account communications in English. We may, at our 
option, communicate with you in other languages as a courtesy. We may stop communicating with you in non-English languages at any 
time. While we try to ensure accuracy of translations, we are not responsible for any inaccuracies in translation or misunderstandings 
due to differences in usage or dialect. In the event of inconsistency between the English version and the translation, the English version 
will control. 

Notice for Active Duty Military Members and Their Dependents 

The  following  disclosures  apply  to  you  if,  in  connection  with  opening  your  Account,  we  determine  you  are  a  “covered  borrower”  as 
defined in the Military Lending Act, which includes eligible active duty members of the Armed Forces and their dependents: 
  The provision of this Agreement titled “Arbitration and Jury Trial Waiver” does not apply to you. 
  Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer 
credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual 
percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with 
credit insurance  premiums; fees for ancillary products sold in connection with the  credit transaction; any application fee charged 
(other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain 
participation fees for a credit card account). 

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  To hear information about these protections and a description of your payment obligations, call toll free at 1-866-230-0418 (or at the 

General TDD/TTY number on the Summary). 

Key Provisions 

Please review the following important provisions carefully. Pay special attention to Paragraphs: 

Arbitration and Jury Trial Waiver 

A. Jury Trial 
Waiver 

B. Notice and 
Cure 

C. Arbitration 
Provision 

1. Right to 
Reject 

  A: Jury Trial Waiver; 
  C: Arbitration Provision; 
  C.1: Right to Reject; 
  C.6: Court and Jury Trials Prohibited; Other Limitations on Legal Rights; and 
  C.7: Class Action Waiver. 

To the extent permitted by law, you and we waive any right to trial by jury in the event of a lawsuit 
arising  out  of  or  related  to  this  Agreement.  This  jury  trial  waiver  shall  not  affect  the  Arbitration 
Provision below (including the jury trial waiver contained therein). You and we each represent that 
this waiver is given knowingly, willingly and voluntarily. 

Prior  to  bringing  a  lawsuit  or  initiating  an  arbitration  that  asserts  a  claim  arising  out  of  or  related  to  this 
Agreement (as further defined below, "Claim"), the party asserting the Claim ("Claimant") shall give the other 
party ("Defendant") written notice of the Claim ("Claim Notice") and a reasonable opportunity, not less than 
30 days, to resolve the Claim. Any Claim Notice to you shall be sent to the address we have in our records 
(or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to 
the address for Arbitration Claims on the Summary (or any updated address we subsequently provide). Any 
Claim Notice you send must provide your name, address and Account number and explain the nature of the 
Claim and relief demanded. You may only submit a Claim Notice on your own behalf and not on behalf of 
any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice 
on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that 
the Defendant reasonably requests. 

Review this provision carefully. If  you do not reject it in accordance with Paragraph C.1, Right to 
Reject, below, it will be part of this Agreement and will have a substantial impact on the way you or 
we will resolve any Claim you or we have against each other now or in the future. 

If you don’t want this Arbitration Provision (and any prior arbitration agreement between you and us 
("Prior Arbitration Agreement")) to apply, you may reject it by mailing us a written rejection notice 
which gives your name and contains a statement that you (both of you, if more than one) reject the 
Arbitration Provision of this Agreement. The rejection notice must be sent to us at the address for 
Arbitration Rejection on the Summary. A rejection notice is only effective if it is signed by you (all of 
you, if more than one) and if we receive it within 30 calendar days after the date we first provide you 
with  a  credit  card  agreement  or  written  notice  providing  you  a  right  to  reject  this  Arbitration 
Provision.  Your  rejection  of  this  Arbitration  Provision  will  not  affect  any  other  provision  of  this 
Agreement or your ability to obtain credit. 

2. Parties 

Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms "we," "us" and 
"our" mean 

3. Covered 
Claims 

4. Starting an 
Arbitration 

5. Administrator 

a.  the  issuer  of  your  Card  named  on  the  Summary  and  its  successors  and/or  assigns,  as  well  as  any 
parent, subsidiary or affiliate of theirs and their employees, officers and directors (the "Bank Parties"); 
and 

b.  any other person or company that provides any services in connection with this Agreement if you assert 
a Claim against such other person or company at the same time you assert a Claim against any Bank 
Party. 

"Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates 
to this Agreement, the Account, the issuance of any Card, any rewards program and/or any prior agreement 
or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued 
to  you,  including  the  advertising  related  to,  application  for  or  approval  of  the  Account.  "Claim"  has  the 
broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. 
It includes disputes based on contract, tort, consumer rights, fraud and other intentional torts, constitution, 
statute,  regulation,  ordinance,  common  law  and  equity  (including  any  claim  for  injunctive  or  declaratory 
relief).  "Claim"  does  not  include  disputes  about  the  validity,  enforceability,  coverage  or  scope  of  this 
Arbitration  Provision  or  any  part  thereof  (including,  without  limitation,  the  prohibition  against  class 
proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph 
C.7, Prohibitions Against Certain Proceedings (Class Action Waiver), Paragraph C.13, Severability, and/or 
this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or 
argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a 
court, to decide. 

Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a 
lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to 
the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims 
court  or  your  state’s  equivalent  court,  if  any.  But  if  that  Claim  is  transferred,  removed  or  appealed  to  a 
different court, we then have the right to demand arbitration. 

"Administrator" means the American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, 
NY 10271, www.adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; 
or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not 
serve  and  the  parties  are  unable  to  select  an  Administrator  by  mutual  consent,  the  Administrator  will  be 
selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the 
Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of 
experience. You get to select the Administrator if you give us written notice of your selection with your notice 
that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to 

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arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that 
dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any 
language in this Arbitration Provision to the contrary, no arbitration may be administered without the consent 
of  all  parties  to  the  arbitration,  by  any  Administrator  that  has  in  place  a  formal  or  informal  policy  that  is 
inconsistent with the Class Action Waiver. 
If you or we elect to arbitrate a Claim, you will not have the right to pursue that Claim in court or have 
a jury decide the Claim. Also, your ability to obtain information from us is more limited in arbitration 
than in a lawsuit. Other rights that you would have if you went to court may also not be available in 
arbitration. 

If you or we elect to arbitrate a Claim: 

a.  neither you nor we may participate in a class action in court or in class-wide arbitration, either 

as a plaintiff, defendant or class member;  

b.  neither you nor we may act as a private attorney general in court or in arbitration; 
c.  Claims brought by or against you may not be joined or consolidated with Claims brought by or 

against any other person; and  

d.  the  arbitrator  shall  have  no  power  or  authority  to  conduct  a  class-wide  arbitration,  private 

attorney general arbitration or multiple-party arbitration. 

6. Court and 
Jury Trials 
Prohibited; Other 
Limitations on 
Legal Rights 

7. Prohibition 
Against Certain 
Proceedings 
(Class Action 
Waiver) 

10. Discovery 

9. Governing 
Law 

8. Location and 
Costs 

Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will 
pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail 
in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you 
demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must 
bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable 
law requires us to. 
This Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 
U.S.C. §§ 1-16 ("FAA"), and not by any state arbitration law. The arbitrator must apply applicable substantive 
law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. 
The arbitrator may award any remedy provided by the substantive law that would apply if the action were 
pending  in  court  (including,  without  limitation,  punitive  damages,  which  shall  be  governed  by  the 
Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must 
provide a brief written explanation of the basis for the award. 
In  addition  to  the  parties’  rights  to  obtain  discovery  pursuant  to  the  arbitration  rules  of  the  Administrator, 
either  party  may  submit  a  written  request  to  the  arbitrator  to  expand  the  scope  of  discovery  normally 
allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny 
that request. 
Judgment  upon  the  arbitrator’s  award  may  be  entered  by  any  court  having  jurisdiction.  The  arbitrator’s 
decision  is  final  and  binding,  except  for  any  right  of  appeal  provided  by  the  FAA  and/or  the  rules  of  the 
Administrator.  Any  finding,  award  or  judgment  from  an  arbitration  of  any  Claim  shall  apply  only  to  that 
arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim. 
12. Interpretation  This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing 
of the Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy 
law. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration 
rules  or  the  other  provisions  of  this  Agreement,  this  Arbitration  Provision  shall  govern.  This  Arbitration 
Provision replaces any Prior Arbitration Agreement. 
If any portion of this Arbitration Provision is held to be invalid or unenforceable, the remaining portions shall 
nevertheless remain in force, subject to two exceptions. First, if a determination is made that the Class Action 
Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration Provision 
shall be void in its entirety. Second, if a court determines that a public injunctive relief Claim may proceed 
notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public 
injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will 
ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded. 
The arbitrator shall award you at least $5,100 (plus any fees and costs to which you are entitled) if: 

11. Result and 
Appeals 

13. Severability 

a.  you submit a Claim Notice in accordance with Paragraph B, Notice and Cure, above on your own behalf 

(and not on behalf of any other party); 

b.  we refuse to provide you with the relief you request before an arbitrator is appointed; and  
c.  an arbitrator subsequently determines that you were entitled to such relief (or greater relief). 

14. Special 
Payment 

Your Billing Rights: Keep This Document For Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If you think there is an error on your statement, write to us at the address for Billing Errors on the Summary  
In your letter, give us the following information: 
  Account information: Your name and account number. 
  Dollar amount: The dollar amount of the suspected error. 
  Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a 
mistake. 
You must contact us: 
  Within 60 days after the error appeared on your statement. 
  At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is 
wrong. 
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential 

errors and you may have to pay the amount in question. 
What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already 

corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. 

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While we investigate whether or not there has been an error: 
  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
  The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 
  While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 
  If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. 
 If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. 
We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you 
do not pay the amount we think you owe. 
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse 
to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the 
name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled 
between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to 

correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase 
price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed 
to you, or if we own the company that sold you the goods or services.) 

2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that 

accesses your credit card account do not qualify. 

3. You must not yet have fully paid for the purchase. 
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address  for Billing 

Errors on the Summary. 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we 

will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 

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Pricing Addendum  

Interest Rates and Interest 
Charges 
Annual  Percentage  Rate  (APR) 
for Purchases 

How to Avoid Paying Interest 

Minimum Interest Charge 

Fees 
Annual Fee 

Penalty Fees 
•  Late Payment 
•  Returned Payment 

Prime Rate plus 23.74% 

This APR will vary with the market based on the Prime Rate. 

Your  due  date  is  at  least  25  days  after  the  close  of  each  billing 
period.  We  will  not  charge  you  interest  on  purchases  if  you  pay 
your entire balance by the due date each month. 

If you are charged interest, the charge will be no less than $2 per 
credit plan. 

None 

Up to $40 
Up to $40 

Balance Computation Method 

We use a method called "daily balance." 

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