Your HealthiPlan Credit account agreement.
HLPCCA031
This Agreement covers the Terms and Conditions of your account
with us. In this document. you will find important information
we consider your Account in default, we may suspend your ability to make
about using and managing your account, including a Privacy
charges, close your Account, require you to pay the full amount you owe im-
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
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
you notice the loss theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to immediately at PO Box 183003 Columbus.
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 cal us at 1-866-374-1625 (TDD/TTY -888-819-1918).
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us You
may, however, be liable for unauthorized use that occurs before your notice to us.
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 minimum purchase re-
Please read each section carefully and keep this document for
quirements and payment) may vary occasionally at our discretion
your records.
and include one or more Regular Revolving or promotional Credit Plans.
We may offer different promotional Credit Plans from time time.
In the following sections, you will find information on:
promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An at glance summary of the fees and charges
this Agreement will include information about the terms for the Plan, by use
associated
with
your
account
of insert, attachment, or other written information provided as part of this
A. Getting started the basics of your account
Agreement.
B.
Keeping your account in good standing avoiding default, and what to do if
Normal late fees. returned payment fees and all other provisions apply to
your card is lost or stolen, applicable
any promotional Credit Plan, unless inconsistent with 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 applied 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
your
o Waive Interest Payment Required o Defer Interest Payment Required
F. Disputes and reporting to consumer reporting agencies data we provide,
o Waive Interest, Equal Payment Defer Interest. Low Payment
and receive from. reporting agencies, and what to do if you think
Waive Interest, Low Payment
0 Low APR, Equal Payment
there an error on your iodic statement
Defer Interest, Equal Payment
o
Budget Payment
G. Optional products how to protect your account from fraud or theft, and
-payment option
information services that can help pay your debt in 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 us
Finance 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 waiver of any of the
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. we can still charge you for all transac-
26.99%
tions, interest and other charges without giving up any of our rights under
Annual Percentage
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 stil ob ligated to pay the full amount
you owe
Your due date is at least 25 days after
We may 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.
We may stop offering any Credit Plan at any time, for any reason.
cellation or suspension of your Account doesn't negate your obligation to
Minimum Interest
If you are charged interest, the charge
pay any amour you owe
Charge
will be no less than $2.00 per credit
ellation 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 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 Minimum Payment won't be less than $25.00. If your Account
balance less than $25.00, you must pay the amount indicated on your
Fees
Statement full.
The minimum payment for each Credit Plan is calculated as follows
Annual Fee
None
0
The minimum payments for Regular Revolving Credit Plans, Waive In-
Penalty Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Plans be the greater of:
Late Payment
Up to $35
(a) $5.00; or
Returned Payment
Up to $25
(b) 4% (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown on your Statement for that Credit Plan.
0
The minimum payment for the Waive Interest Equal Payment and De-
'daily balance." See your Account agreement for more details.
fer Interest. Equal Payme Credit Plans will be the amount of the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number months between the date of the pur-
and how to exercise those rights is provided in your account
chase and the promotional period end date (minimum $5 .00) rounded
to
the
nearest
$1.00.
agreement.
0
The nimum 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 March 1,
charges that 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 to the nearest $1.00
0
Purchase APR
23.74%
26.99%
The minimu payment the Waive Interest, Low Payment and Defer
0.07394%
Interest, Low Payment Credit Plans will be the greater of:
We'll charge you minimum interest charge of $2.00 per credit plan for any
(a) $5.00 or
billing period in which interest is due. For additional information, see Rates in
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Section
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment application
The amount you must pay each billing period ("Total Minimum Payment" is the
We reserve the right to apply payments equal to or less than the Total Mini-
total of minimum payments for Regular Revolving and promotional Credit Plan
mum Payment however we see which may result in balances subject to
purchases plus any Past Due amounts. The Total Minimum Payment won't be
lower interest rates being paid prior to other balances. This may also result
less
than
$25.00
If
your
Account
balance
is
than
$25.00
you
must
in
pay
the
higher
interest
charges.
amount indicated on your billing statement ("Statement" in full. The minimum
Any payment you make in excess of the required Total Minimum Payment
payment due for each Regular Revolving Credit Plan will be the greater of:
will be allocated to your Account as required by applicable law.
(a) $5.00 or
Excess payments received before deferred interest promotion expires are
(b) 4% of the New Balance shown on your Statement for that
applied to the deferred interest promotional balance first in the last two bill-
Credit Plan (rounded up to the nearest 1.00).
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
D. Interest, fees and charges
payment
calculations.
Interest charges
The APR information described below is accurate as of March 1, 2014. Due to
a
change in the index, this may have changed. To find out more.
If you make a purchase under a Regular Revolving Credit Plan, interest
US 1625 (TDD/TTY: -888- 19-1918). write us at Comenity
charges won't be imposed in any billing period in which (i) no Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
Date. equal or exceed the Previous Balance
at comen et/myhealthiplan.
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown on your last Statement there will be an interest
Definitions
charge on each purchase from the date of purchase
In this Agreement, "We," 'Us' and "Our" mean Comenity Capital Bank. "You"
If you make purchase under any Waive Interest Credit Plan, we won't
and "Your' mean each person who submits an appl cation solicitation for an
charge interest on the purchase if you pay the total purchase amount be-
Account with us. "Account" means your credit account with us. "Card" means
fore the end 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'l the remaining
one or more payment program options HealthiPlan may ask us to offer from time
amount to your Regular Revolving balance We'll 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
You agree to the terms of this Agreement, and promise to do everything
and don't pay the total amount before the end of the period,
required you. you sign submit an plication or solicitation to obtain
we'l the purchase amount and the amount of accrued inter-
credit from us, you'l be legally bound by this Agreement You also legally
est
to
your
Regular
Revolving
balance.
bound if you sign charge slip, or permit someone else to use the credit
you make purchase under Low APR Equal Payment Credit Plan,
provided.
interest will be assessed from the date of purchase through the end of the
You agree that the credit extended under your Account will be used only for
period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using a "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
bound by this Agreement Each you will be jointly and individually respon-
follows:
sible for repaying all amounts due more than one person is responsible
We start with the beginning balance on your Account each day (including
for this Account, we will only provide billing statements and communica-
unpaid interest charges and fees).
tions to one you.
We subtract any payments or credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance
zero
balance)
and
add
new
transactions
and
debit
adjustments
Agreement. One additional Card may be issued with individual name of
posted as of that day This gives us the "Partial Daily Balance' for the day.
an authorized user embossed on the Card you want to revoke the use of
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your Account by an authorized user. either write us at the address or call us
Rate This gives us the "Daily Interest Charge' for the day, which we add
at the phone number. shown on your Statement
the
day's
Partial
Daily
Balance
You agree to pay for all transactions made on 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
For your own please sign your Card before using it. Keep in mind that
Interest Charge, which gives the total interest charge
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Your Statement show Balance Subject to Interest Rate, which is the
incurred your Account.
sum of the Daily Balances for each day in the billing period divided by the
Using your Account
total number of days.
Your Account may be used to make purchases from HealthiPlan and other
Rates
retailers we may determine occasionally by notifying you via electronic mail,
The Index in effect for each billing period will be the highest "Prime Rate"
statement message, website posting, or other method
of interest as published in the "Money Rates of The Wall Street
We reserve the right to not honor transactions related to including, but not
Journal for the calendar month preceding the month in which the billing pe-
limited to. gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward necessary, to the nearest .001% ("Index"
Making payments
Any variable APR may increase the Index increases.
Pay your Account by sending check. money order, or cashier's check pay-
An increase or decrease in the APR result corresponding increase
able U.S. dollars, to the name and address shown on your Statement
or decrease in the amount of interest and may increase the Total Minimum
specified for payments Please don't send cash.
Payment.
Be sure to include your payment stub, do not staple your payment to the
Other fees and charges
stub, use the envelope provided with your Statement and don't send any
You agree to pay the following fees and charges:
correspondence with your payment
Late Fee you don't pay least the Minimum Payment Due by the Pay-
If your payment doesn't meet these requirements it may not be credited to
ment
Due
Date,
will
charge
you
late
fee.
your Account for up to five days or may be rejected
o The fee $25.00 you were not charged a late fee during any of the
All written communication concerning disputed amounts. including any
prior billing periods.
check or other payment instrument marked with "payment in full" similar
o
Otherwise. the fee $35.00
language must be sent to 6550 North Loop 1604 East, Suite 101, San
o
This fee will never exceed the minimum payment due that was due
Antonio,
Texas
78247-5004.
immediately prior to the date on which the fee was assessed
o
We may accept payment sent to any other address without losing any
Returned Payment Fee We may charge you fee for each payment that your
of
rights.
bank doesn' honor for any reason.
o
No payment shall operate as an accord and satisfaction without our
O
The fee is $25.00 if you were not charged returned payment fee dur-
prior written approval
ing any of the prior six billing periods.
B. Keeping your account in good standing
o
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was
Avoiding default
Although we may decide to do so, we aren't required to attempt to collect a
You'll be in default under this Agreement if you:
payment
more
than
once
Fail to make any payment when due
Document Fees: we provide you with copy of any Statement sales draft
Violate any provision of this Agreement
or similar at your request (except connection with billing error
Pass
away
inquiries or we may charge the Account the following fee(s),
Become the subject of bankruptcy or insolvency proceedings
subject to any limitations applicable law:
Supply us with misleading, false. incomplete or incorrect information
o
Statement copy $6.00
Are unable perform the terms conditions of this Agreement
Sales/Credit Draft copy $6.00
Fail supply us with any information deem necessary
Check/Money Order copy $6.00
Default under any other loan or agreement you have with us or any of our
Alternative Payment Method Fee: We may offer alternative payment meth-
affiliates
ods that allow you to make individual, expedited payments to your Account
Become incompetent
over the phone If you choose to use this payment method, we may assess
Exceed your Credit Limit
the current fee we charge for this service, subject to any limitations of ap-
Issue a payment returned unpaid by your bank for any reason
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
For Wisconsin residents:
Collection costs
If you are married please contact us immediately upon receipt of this Agreement
To the extent not prohibited by applicable law, you agree to pay the reasonable
at (TDD/TTY -888 8) and provide us with the name
costs for collecting amounts due, including reasonable attorney's fees and court
and address your spouse. We are required to inform your spouse that we have
costs incurred by us or another person or entity.
opened credit account for you.
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account. If required by appli-
All bankruptcy notices and related correspondence to Comenity Capital Bank
cable law we will give you advance written notice of the change(s) and right to
should be sent to the following address Comenity Capital Bank, Bankruptcy
reject the change(s).
Department. PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account, now at any time in the future and in all accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR RELATED
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
WAIVER
SHALL
NOT
AFFECT
THE
Changes to your information
ARBITRATION PROVISION BELOW UDING THE JURY TRIAL WAIVER
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
mail address or telephone number(s)
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APP LICABLE FEDERAL LAW
Prior to bringing lawsuit or initiating an arbitration that asserts a claim aris
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
ing out of or related to this Agreement (as further defined below. "Claim")
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the "Claimant" shall give the other party (the
Transfer of Rights/Assignment
"Defendant") written notice of the Claim (a "Claim Notice" and reasonable
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity,
not
than
30
days
to
resolve
the
Claim.
Any
Claim
Notice
to
you
or otherwise, but your obligations will be binding upon your estate or
shall be sent in writing to the address we have in our records (or any updated
representative
We
may
transfer
or
assign
your
Account
and/or
this
Ag
address
subsequently
provide
us).
Any
Claim
Notice
to
shall
be
sent
any of our rights under this Agreement, to another person or entity at any time
mai to Comenity Capital Bank, PO Box 182436 Columbu 43218-2436
without prior notice to you or your consent
(or
any
updated
provide).
Any
Claim
Notice
you
No Waiver of Rights
must provide name, address and Account number Any Claim Notice must
We can delay enforcing our rights under this Agreement without losing them
explain
the
nature
of
the
Claim
and
the
relief
that
You
may
only
Severability
submit Claim Notice on your behalf and not on behalf of any other party.
any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer you have personally retained, may submit
a
will be considered to be modified to conform with applicable law.
Claim Notice on your behalf The Claimant must reasonably cooperate in provid-
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably requests.
All provisions of this agreement are valid, enforceable and applicable in New
C. Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE
LOW, WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate you credit record
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
You agree that credit report may be requested in connection with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
processing your credit application. A report may also be requested in
prior arbitration between you and us ("Prior Arbitration Agreement
connection
with
credit
extension
cre
limit
request,
Account
or
apply,
you
may
reject
by
mailing
us
written
rejection
notice
which
gives
the
update Account collecti action. or dispute investigation. Upon request
name each Cardholder and contains statement that you (both of you, more
tell you the name and address of any onsumer reportin agency that
than one) reject the Arbitration Provision of this Agreement. The rejection notice
furnished a report on you. You consent to the obtaining of such reports by
must sent to us Comenity Capital Bank PO Box 182422, Columbus Ohio
signing or otherwise submitting an application solicitation.
43218-2422. A rejection notice is only effective if is signed by you (all of you,
You
understand
that
we
may
report
negative
information
(such
as
late
pay-
if
more
than
one)
and
if
we
receive
it
within
thirty
(30)
calendar
days
after
the
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement written notice providing
reporting agencies
you
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
this
Arbitration
You give permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability to
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain credit.
name appears on your Card.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
Credit report disputes
(and not elsewhere this Agreement) the terms and "our" mean
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
cy you may submit direct dispute to Comenity Capital Bank, PO
employees
officers
and
directors
of
such
companies
(the
'Bank
Parties'
and
Box
182120
Columbus,
Ohio
(b) any other person or company that provides any services connection with
Your written dispute must provide sufficient information to identify the Account
this you asser Claim against such other person or company at the
and specify why the information inaccurate
time you assert Claim against any Bank Party.
Account Information: Your name and Account number
3. Covered Claims: 'Claim' means claim, dispute or controversy between
Contact Information: Your address and telephone number
you any way arises from or relates to this Agreement, the Account,
Disputed Information: Identify the Account information disputed and ex-
the issuance any Card any rewards program, any prior agreement account
plain
why
you
believe
inaccurate
"Claim"
includes
disputes
arising
from
actions
or
omissions
prior
to
the
date
Supporting Documentation: available provide copy of the section of the
any Card was issued you including the advertising related to, application for
credit report showing the Account information you are disputing
or
approval
of
the
Account
"Claim'
has
the
broadest
possible
meaning,
and
We will investigate the disputed information and report the results to you within
includes initial claims, and third- party claims.
30
days
of
receipt
of
the
information
needed
for
our
investigation
we
find
that
includes
disputes
based
upon
contract,
tort.
consumer
rights,
fraud
and
other
the Account information we reported is inaccurate, we will promptly provide the
intentional torts, constitution. statute. regulation, ordinance, common and
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
or
declaratory
relief)
"Claim"
does
the
information
include disputes about the validity, enforceability coverage or scope of this Arbi
Your Billing Rights: Keep This Document For Future Use
tration
Provision
any
thereof
(including
without
limitation,
the
prohibition
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or multiple
Credit
Billing
Act
party
proceedings
descri
bed
in
Paragraph
C.7
(the
"Class
Action
Waiver'
the
What To Do If You Find A Mistake On Your Statement
last sentence Paragraph C.13 and/or this disputes are for
you think there error on your statement, write to us at: Comenity Capital
court and not an arbitrato to decide However, any dispute or argumen that
Bank, PO Box 182620, Columbus Ohio 43218-2620
the validity or enforceability of the Agreement as whole is for the
In your letter, give us the following information:
arbitrator court, to decide
Account information Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with respect
Dollar amount: The dollar amount of the suspected error
to any Claim, even that party has already initiated lawsuit with respect to
Description problem you think there an error on your bill,
describe
different
Claim
Arbitration
started
by
giving
written
demand
for
arbitration
what you believe is wrong and why you believe it is mistake.
to the other party. We will not demand arbitrate an individual Claim that you
You must contact
bring
against
us
claims
court
or
your
state's
equivalent
court
any
But
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to a different court, we then
At least 3 business days before an automated payment is scheduled, if you
have
the
right
to
demand
arbitration.
want
to
stop
payment
on
the
amount
you
think
wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitration
You
must
notify
us
of
any
potential
errors
in
writing
You
may
call
us,
but
if
you
Association 'AAA' ). 1633 Broadway 10th Floor, New York, NY 10019, www.
not required to investigate any potential errors and you may have to pay
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,
the
amount
questio
jamsadi
com;
or
any
other
company
selected
by
mutual
agreement
of
the
par-
What Will Happen After We Receive Your Letter
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
When receive letter. we must do two things
to
an
Iministrator
by
mutua
consent
the
Administrator
will
be
selected
Within 30 days of your letter. must tell you that we received your
by court. The will be appointed by the Administrator in
letter. We will also tell you if we have already corrected the error
with the rules of the Administrator However, the arbitrator must be retired or
2. Within 90 days of receiving your letter. we must either correct the error or
former judge or lawyer with at least 10 years experience. You select the
explain to you why we believe the bill correct
Administrator if you give written notice of your selection with your notice that
While we investiga whether not there has been an error:
you
electing
to
arbitrate
any
Claim
or
within
20
days
after
give
you
notice
We cannot try to collect the amount in question, or report you as delinquent
that we are electing to arbitrate any Claim (or, if you dispute our right to require
on that amount
arbitration
of
the
Claim
within
20
days
after
that
dispute
is
finally
resolved)
The charge in question may remain on your statement, and we may continue
If you do not select the Administrator on time, we may do Notwithstanding
to
charge
you
interest
on
that
amount.
any
language
in
this
Arbitration
Provision
the
contrary
no
arbitration
may
While you do not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arbitration by any Admin-
the
remainder
your
balance.
istrator that has place a formal or informal policy that is inconsistent with the
We can apply any unpaid amount against your credit limit.
Class Action Waiver
After we finish our tigation one of two things will happen
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF YOU
we mistakes You will not have to pay the amount in question or any
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
interest
other
fees
related
to
that
amount
PURSUE THAT CLAIM COURT OR HAVE JURY DECIDE THE CLAIM. ALSO
If
we
do
not
believe
there
was
mistakes
You
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
question, along with applicable interest and fees. We will send you state-
ARBITRATION
THAN
IN
LAWSUIT.
OTHER
RIGHTS
THAT
YOU
WOULD
HAVE
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
report you as delinquent if you do not pay the amount we think you owe.
Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI
If
you
receive
our
explanation
but
still
believe
your
bill
wrong,
you
must
write
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
to us within 10 days telling us that you still refuse to pay. you do we cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A PLAIN.
report
you
delinquent
without
also
reporting
that
you
are
questioning
your
bill
TIFF,
DEFENDANT
OR
CLASS
MEMBER
(2)
NEITHER
YOU
NOR
WE
MAY
ACT
We must tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION (3)
must let those organizations know when the matter has been settled
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
CONSOLI
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AND
If we do not follow all of the rules above, you do not have to pay the first $50 of
(4)
THE
ARBITRATOR
SHALL
HAVE
NO
POWER
OR
AUTHORITY
TO
CONDUCT
the amount you question even your bill correct
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If you with the goods or that you have purchased with
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
your credit card, and you have tried in good faith to correct the problem with the
must
take
place
at
reasonably
convenient
to
you.
We
will
pay
any
and
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator if applicable law requires
purchase.
to.
if
you
the
arbitration
or
we
must
bear
such
fees
order
for
this
To this right, all of the following must be true:
Arbitration to be enforced. If you demand an arbitration, we will pay
1. The purchase have been made in your home state or within 100 miles
and experts fees you prevail or we must bear such
of
your
current
mailing
address,
and
the
purchase
price
must
been
fees in order for this Arbitration Provision to be enforced Also, we will bear any
than $50. (Note: Neither of these are necessary if your purchase based on
applicable law requires us to
an advertisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce and
goods
services.)
is governed by the Federal Arbitration Act 9 U.S.C. §$ 1-16 (the and
2.
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
not
by
any
state
arbitration
law
The
arbitrato
must
apply
applicable
cash advances from an ATM or with a check that accesses your credit card ac-
law consistent with the FAA and applicable statutes of limitations and claims of
count
do
not
qualify
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
provided
by
the
3. must not yet have fully paid for the purchase.
substantive law that would apply the action were pending in court (including
the criteria above are met and you are still dissatisfied with the purchase,
without
limitation.
punitive
damages,
which
shall
be
governed
by
the
Constitu-
contact
us
in
writing
at:
tional standards employed by the courts) At the timely request of either party,
Comenity Capital Bank
the
arbitrator
must
provide
a
brief
written
explanation
of
the
basis
for
the
award
PO Box 182620 Columbus Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights to obtain discovery
While we investigate. the same rules apply to the disputed amount as discussed
pursuant
to
the
arbitration
rules
of
the
Administrator.
either
party
may
submit
above After we finish our investigation, we will tell you our decision. At that
written to the arbitrator to expand the scope of discovery normally al
point, we think you owe an amount and you do not pay, we may report you as
lowable the arbitration rules of the Administrator The arbitrator shall have
delinquent
deny
that
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
award be entered by court having jurisdiction. The arbitrator's decision
Credit insurance (as applicable)
is final and binding, except for any right of appeal provided by the FAA. However
Purchasing credit insurance is optional. If you do choose to carry credit insurance
if
the
amount
of
the
Claim
exceeds
$50,000
involves
request
for
injunctive
coverage, the premium charge will be added to your Account as purchase on
or declaratory relief that could reseeably involve cost or benefit to either party
the last day of each billing period. You can cancel your coverage at any time.
exceeding
$50,000
any
party
can,
within
30
days
after
the
entry
of
the
award
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to three-arbitrator panel administered by the
Purchasing Account Assure optional.
Administrator.
The
panel
shall
reconsider
anew
any
aspect
of
the
initial
award
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by majority
application for credit or the terms of any existing credit agreement you have
vote.
Reference
in
this
Arbitration
Provision
to
arbitrator'
shall
mean
the
with
panel if an appeal the arbitrator's decision has been taken. The costs of such
The monthly fee for Account Assure is based on the outstanding monthly
an appeal borne in accordance with Paragraph C.8 above
balance on your Account each month and will be added to your Statement
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
We'll provide additiona information before you' required to pay for Ac-
ment
all
under
this
the
closing
of
the
any
count Assure This will include copy of the terms and conditions pertain-
legal proceeding and to the extent consiste with applicable
ing Account Assure
bankruptcy law. In the event of or istency between this Arbitra-
You can cancel your Account Assure at any time.
tion Provision on the one hand, and the applicable arbitration rules the other
There are eligibility requirements conditions, and exclusions that could pre-
provisions of this Agreement, on the other hand, this Arbitration Provision shall
vent you from receiving benefits under Account Assure.
govern. This Arbitration Provision replaces any Prior Arbitration Agreement
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision. other than the Class
of
Account
Assure.
Action
Waiver,
is
deemed
invalid
or
unenforceable
the
remaining
portions
H. Communicating with us
nevertheless remain force. If determination is made that the Class Action
Communicating to you about your Account
Waiver
only
this
sentence
of
the
Arbitration
Agreement
main force and the remaining provisions shal be null and void, provided that
If we need to contact you to service your Account or to collect amounts you
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to
appeal
to us. you give direct consent us, as well as servicers, agents contractors and
14. Special Payment: If (1) you submit a Claim Notice accordance
collectors of your Account, to communicate with you in any way, such as calling,
Paragraph
B
above
your
own
behalf
(and
not
behalf
any
other
texting, or electronic mail via
party)
(2) we refuse to provide you with the relief you request: and (3) arbitrator
1)
cell, landline or text number you provide, use to contact us. or at which
bsequently
determines
that
you
entitled
to
such
relief
(or
greater
relief)
we believe we can reach you (even not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
2)
any electronic mail address you provide to one of our merchants,
automated dialer systems and automatic telephone dialing systems,
you are entitled)
3)
4)
pre-recorded or artificial voice messages and other forms of communica-
tions
comenity
Comenity Capital Bank Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
HLPCCA0314
state or federal law. and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(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 $25
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method