Your ALPHAEON CREDIT Card account agreement.
395861001 (04/14)
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 ab lity to make
charges, close your Account. require you to pay the full amount you owe im-
about using and managing your account, including a Privacy
mediately or take any other action permitted by law applicable law requires
Statement and information concerning your billing rights. Your
us 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 or theft of your credit card or possible
unauthorized
use
interest charges and fees.
of your card. should write to us immediately at PO Box 183003 Columbus.
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 or at 1-855-497-8166 (TDD/TTY 1-888-819-1918)
an Arbitration Provision in the event of dispute
You will not be liable for any unauthorized use that occurs after you notify us. You
may, however be liable for unauthor 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 purchase
Please read each section carefully and keep this document for
guirements and minimum payment) may vary occasionally at our discretion
your records
and include more Regular Revolving or promotional Credit Plans.
We may offer different promotiona Credit Plans from time to time
In the following sections, you will find information on:
If promotional Credit Plan is offered at the time you open your Account
Financial terms of your account An at- -glance summary of the fees and charges
this Agreement wil include information about the terms for the Plan, by use
with
your
account
of an insert, tachment, 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
lost
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 calculated and applied
If the promotional Credit Plan purchase isn' 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
balance.
E. Other important information legal rights, costs, and how we'll handle
Promotiona 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
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
Defer Interest, Equal Payment
o
Budget Payment
G. Optional products: how to protect your account from fraud or theft, and
Skip-payment option
on 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'll 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 we 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-
Annual Percentage
26.99%
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 you 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
Your due date is at least 25 days at fter
you
owe
How to Avoid
the close of each billing cycle. We will
We cancel your Account at any time, for any reason
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account. We may also
Paying Interest
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
give others.
We may stop offering any Credit Plan at any time. for any reason
Minimum Interest
If you are charged interest, the charge
Cancellation suspension of your Account doesn't negate your obligation to
Charge
will be no less than $2.00 per credit
pay any amount you owe us.
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
To learn more about factors to consider
You can pay all of your Account balance at any time without
Card Tips from
when applying for or using a credit
penalty.
the Consumer
card, visit the website of the Consumer
You must pay at least the Total Minimum Payment for each billing period by
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
www.consumerfinance.gov/learnmore.
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00 If your Account
Fees
balance less than $25.00, you must pay the amount indicated on your
Statement full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
terest, Payment Required and Defer Interest, Payment Requir Credit
Late Payment
Up to $35.00
Plans will be the greater of:
Returned Payment
Up to $35.00
(a) $5.00
How We Will Calculate Your Balance: We use a method called
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown your Statement for that Credit Plan
"daily balance." See your Account agreement for more details.
o
The minimum payment for the Waive Interest Equal Payment and De
Billing Rights: Information on your rights to dispute transactions
fer Interest Equal Payment Credit Plans will be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number months between the date of the pur
and the period end date (minimum $5.00) rounded
agreement.
up
the
nearest
$1.00
The minimum payment for the Low APR, Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of May 1,
will be the amount of the purchase cluding the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that will be from the date of purchase through the
end of the period divided by the number months be-
Add Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
inimum 00) rounded up to the nearest $1.00
Purchase APR
23.74%
26.99%
0.07394%
0
The minimum payment for the Waive Interest, Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of
billing period in which interest is due. For additional informat ion, see Rates in
(a) $5.00
Section D.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
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 imum 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 ba lances. This may also result
than
$25.00
If
your
Account
balance
is
than
$25.0
you
must
the
in
pay
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.
$5.00; or
Excess payments received before deferred interest promotion expires are
(b) 3.5% of the New Balance shown on your Statement for that
applied 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 May 1 2014. Due to a
change in the index. this may have To find out more, call
If you make a purchase under a Regular Revolving Credit Plan. interest
us 1-855-497-8166 (TDD/TTY: 1-888 9-1918). or write us Comenity
charges won't be imposed in any billing period which (i) no Previous Bal-
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
Previous
Balance
at ity.net/alphaeoncosmetic
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 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 application or solicitation for an
charge interest on the purchase you pay the total purchase amount be
Account
with
us.
"Account"
your
credit
card
account
with
us.
"Card"
fore the end the promotional period. If you don't pay the total purchase
means each credit card we issue for your Account, as "Credit Plan"
amount before the end of the promotional period remaining
means or more payment program options ALPHAEON may ask us to offer
amount to your Regular Revolv balance We'll also begin charging inter-
from
time
to
time
est on the purchase from the first day after the promotional period ends
Upholding your Agreement
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 the promotiona period,
required you. sign submit application or solicitation obtain
we'll add the remaining purchase amount and the amount of accrued inter-
credit from us, you'l be legally bound by this Agreement You're also legally
est to your Regular Revolving balance.
bound you sign charge slip, or permit someone else to use the credit
If 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
promotional 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 of you will be jointly and individually respon-
follows:
sible for repaying all amounts due. If more than one person
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 credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance as balance) and new transactions and debit adjustments
Agreement. One additiona Card may be issued with the individual name of
posted as of that day. This gives us the "Partial Daily Balance' the day.
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
your Account by 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 to
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 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 protection, 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 will show Balance Subject to Interest Rate. which is the
incurred on your Account.
sum of the Daily Balances for each day in the billing period divided by the
Using your Account
total number of days
Rates
Your Account may be used to make purchases from ALPHAEON cosmetic
ations and other retailers we may ermine occasionally by notifying you
The Index in effect for each billing period will be the highest "Prime Rate'
via electroni mail, nessage, website posting, other method
of interest as published in the "Money Rates section of The Wall Street
We reserve the right to not honor transact ions 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.
begins, rounded upward if necessary to the nearest .001% ("Index"
Making payments
Any variable APF may increase if the Index increases.
Pay your Account by sending check money order, or cashier's check pay-
An increase or decrease in the APR will result in corresponding increase
able in 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 pay the following fees and charges
correspondence
with
your
payment
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn' meet these requirements it may not be credited to
ment Due Date, will you late fee.
your Account for up to five days, or may be rejected
o The fee $25.00 you were not charged late fee during any of the
All written concerning disputed amounts, including any
prior six billing periods.
check other payment instrument marked with payment in full' or similar
o
Otherwise the $35.0
language, must be sent 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.
ediately 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't honor for any reason
o
No payment shall operate as an accord and satisfaction without our
O
The fee $25.00 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
Otherwise the fee $35.00.
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 to 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, draft
Pass
away
or similar 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 or incorrect information
subject any limitations applicable law:
Are unable unwilling to perform the terms conditions of this Agreement
o
Statement copy $6.00
Fail supply with any information deem necessary
o
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
o
Check/Money Order copy $6. ,00
affiliates
Alternative Payment Method Fee: We may offer alternative payment meth-
Become incompetent
ods that allow you to make individual expedited payments to your Account
Exceed your Credit Limit
the phone If choose to use this payment method we
Issue 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 up to $15 but may change 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 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 1-855-497-81 166 (TDD/TTY 1-888-819-1 and provide us with the nam
costs for collecting amounts due including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that we hav
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 Bar
cable law, we will give you advance written notice of the change(s) and a right to
should be sent to the following address: Comenity Capital Bank, Bankrupto
reject the change(s).
Department, PO Box 183043, Columbus Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You
grant
us
security
interest
in
all
goods
you
purchase
through
the
use
of
the
A. Jury trial waiver
Account, now or any time in the future and all access to and proceeds of
such goods We waive any interes we may have in your principal dwell-
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY RIGHT T
ing, to the extent that would otherwise secure any obligation arising hereunder.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATE
Changes to your information
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT TH
You agree to notify us immediately of any changes to your name, mailing address,
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVE
electronic mail address or telephone number(s).
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
Governing Law
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
Prior to bringing lawsuit or initiating an arbitration that asserts claim aris
MITTED OR REQUIRED BY APPLICABLE LAW.
ing out of related to this Agreement (as further defined below, "Claim
Transfer of Rights/Assignment
the party asserting the Claim (the "Claimant shall give the other party (th
"Defendant" written notice of the Claim (a "Claim Notice" and reasonabl
Your rights under this can't be transferred by you, by operation of law
opportunity, not than 30 days to resolve the Claim. Any Claim Notice yo
or otherwise, but your obligations will binding upon your estate or personal
We may transfer or assign your Account and/or this Agreement,
shall be sent in writing to the address we have in our records (or any update
address
you
provide
us)
Any
Claim
Notice
to
shall
be
sent
any of our rights under this Agreement, to another person or entity at any time
mail to Comenity Capital Bank, PO Box 182436 Columbus. Ohio 43218-243
ithout prior notice to you or your consent
No Waiver of Rights
(or any updated address we subsequently provide). Any Claim Notice you send
must provide your name. address and Account number. Any Claim Notice
We can delay enforcing our rights under this Agreement without losing them.
explain
the
nature
of
the
Claim
and
the
relief
that
is
demanded
may
onl
Severability
submit Claim Notice on your own behalf and not on behalf of any other
If any provision of this Agreement is in conflict with applicable law, that provision
No
third
party,
other
than
lawyer
you
have
personally
may
submit
will be considered to be modified to conform with applicable law.
Claim Notice on your behalf. The Claimant must cooperat 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 REJEC
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1.BE
Credit Reports
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE SUBSTAN
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate your credit record.
You agree that credit report may be requested in connection with the
YOU WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
1. Your Right to Reject: If you don't want this Arbitration Provision (and an
processing your credit application. A report may also be requested in
connection with credit extension, credit limit request, Account or
prior arbitration agreement between you and us ("Prior Arbitration Agreement"
to
apply,
you
may
reject
by
mailing
us
written
update, Account collection action, or dispute investigation Upon request
rejection
notice
which
gives
th
we will
tell
you
the
name
and
address
of
name each Cardholder and contains statement that you (both of you, mor
any
reporting
agency
that
furnished report on you. You consent the obtaining of such reports by
than one) reject the Arbitration Provision of this Agreeme The rejection notice
must be sent to us Comenity Capital Bank. PO Box 182422 Columbus, Ohi
signing or otherwise submitting application or solicitation.
43218-2422.
A
rejection
notice
only
effect
if
is
You understand that we may report negative information (such as late pay-
signed
by
you
(all
of
you
if more than one) and if we receive within thirty (30) calendar days after th
ments missed payments, or other defaults) about your Account to
reporting agencies.
date we first provide you with credit card agreement or written notice providing
you right to reject this Arbitration Provision. Your rejection of this Arbitration
You give us permission to provide information about your Account to con-
sumer reporting agencies and other creditors, as well as to the retailer whose
will not affect any other provision of this Agreement or your ability t
obtain
credit
name appears on your Card.
Credit report disputes
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
(and not elsewhere in this Agreement), the terms and 'our"
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank any parent subsidiary affiliate of the Bank and th
cy is inaccurate you may submit direct dispute to Comenity Capital Bank, PO
employees,
officers
and
directors
of
such
companies
(the
'Bank
Parties")
Box 182120 Columbus, Ohio 43218-2120
an
(b) any other person or company that provides any services in connection wit
Your written dispute must provide sufficient information
to
identify
the
Account
and specify why the information is inaccurate:
this Agreement you assert Claim against such other person or company th
same time you assert Claim against any Bank Party.
Account Information: Your name and Account number
3.
Covered
Claims
"Claim"
means
any
claim,
dispute
or
Contact Information: Your address and telephone number
controversy
between
you and that in any way arises from or relates to this Agreement the Account
Disputed Information: Identify the Account information disputed and ex-
the
issuance
of
any
Card.
any
rewards
program
any
prior
plain
why
you
believe
inaccurate
"Claim" includes disputes arising from actions missions prior to the date
Supporting Documentation: available, provide copy of the section of
the
any Card was issued to you, including the ertising related to, application fo
credit report showing the Account information you are disputir
We
will
investigate
or approval of the Account "Claim" has the broadest possible meaning,
the
disputed
information
and
report
the
results
to
you
within
includes claims, counterclaims claims and third-party claims
30 days of receipt of the information needed for our investigation. If we find that
includes disputes based upon contract, tort, consumer rights, fraud and othe
the Account information reported is inaccurate, we will promptly provide the
torts, constitution, statute regulation ordinance,
ecessary correction to each consumer reporting agency to which we reported
the information
equity (including any claim for injunctive or declaratory relief). "Claim"
include disputes about the validity, enforceability coverage scope this Arbi
Your Billing Rights: Keep This Document For Future Use
tration
Provision
any
part
thereof
(including,
without
limitation,
the
prohibitio
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
described
Paragraph
C.7
(the
"Class
Action
Waiver")
th
What To Do If You Find A Mistake On Your Statement
last of c.13 and/or this sentence): all such disputes fo
If you think there is an error on your statement, write to us at: Comenity Capital
a
court
and
not
an
arbitrator
to
decide
However
any
dispute
or
argument
tha
Bank, PO Box 182620. Columbus, Ohio 43218-2620
the validity or enforceabil ity of the Agreement as whole is for th
In your letter, give us the following information:
arbitrator
not
court,
to
decide.
Account information: Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with
Dollar amount: The dollar amount the suspected error.
to
any
Claim,
even
if
that
party
has
already
initiated
lawsuit
with
respect
to
Description of problem: If you think there an error on your bill, describe
different Claim. Arbitratio 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
to
arbitrate
an
individual
Claim
You must contact US:
bring against us in claims court or your state's equivalent court. if any Bu
Within 60 days after the error appeared on your statement
if that Claim transferred, removed or appealed to different court, we the
At least business days before an automated payment is scheduled,
if
have
the
right
to
you
demand
arbitration
want stop payment on the amount you think wrong.
5. Choosing the Administrator: 'Administrator' means the American Arbitratio
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
do 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
in
question
jamsadr.com;
or
any
other
company
selected
by
mutual
agreement
of
the
par
What Will Happen After We Receive Your Letter
ties both AAA and JAMS cannot or will not serve and the parties unable
When we receive letter, we must two things:
to
select
an
Administrator
by
mutual
consent
the
Administrator
will
selected
1. Within 30 days of receiving your letter. we must tell you that we received your
by court. The arbitrator wil be appointed by the Administrator accordance
letter. We will also tell you we have already corrected the error.
with
the
rules
of
the
Administrator.
However
the
arbitrator
must
be
retired
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 get
th
explain to why we believe the bill is correct
Administrator
if
you
give
written
notice
of
your
selection
with
your
notice
tha
While we investigate whether or not there has been an error:
you are electing to arbitrate any Claim or within 20 days after we give notice
We cannot try to collect the amount in question, or report you as delinquent
that we to arbitrate any Claim (or if you dispute our right require
on that amount
arbitration
the
within
20
days
after
that
dispute
is
finally
resolved
The charge questio may remain on your statement, and we may continue
If you do not select the strator on time, do it. Notwithstandin
to
charge
you
interest
on
that
amount.
any language in this Arbitration Provision the contrary, no arbitration may b
While you not have to pay the amount in question you are responsible for
administered without the consent of all parties to the arbitration by any Admir
the
remainder
your
balance
istrator that has place a formal or informal policy that is inconsistent with th
We can apply any unpaid amount against your credit limit
Class Action Waiver
After
we
finish
our
investigation
one
of
two
things
will
happen:
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF YOU
If we made mistakes You will not have pay the amount in question or any
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE RIGHT TO
interest
or
other
fees
related
to
that
amount
PURSUE
THAT
CLAIM
IN
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 AN
question,
along
with
applicable
interest
and
fees.
We
will
send
you
state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
ment of the you owe and the date payment is due. We may then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE ARBITRATION
report
you
as
delinquent
pay
the
amount
we
think
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
WE
ELECT
TO
ARBI
If you receive our explanation but still believe your bill is wrong, you must write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
to
within
10
days
telling
us
that
you
still
refuse
to
pay
ACTION
IN
COURT
OR
IN
CLASS-WIDE
ARBITRATION
EITHER
AS
A
PLAIN
report you as delinquent without also reporting that you your bill.
TIFF DEFENDANT CLASS MEMBER (2) NEITHER YOU NOR WE MAY AC
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
and 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
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 CONDUC
the
even
if
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 are dissatisfied with the goods or services that you have purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that you
atten
your credit card, and you have tried good faith to correct the problem with the
must
take
place
at
location
reasonably
convenient
to
you.
We
will
pay
any
an
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator applicable law requires us
purchase.
to,
if
you
prevail
the
arbitration
or
if
we
must
bear
such
fees
in
order
for
this
To use this right, al of the following must be true:
Arbitration Provision to be enforced. If you demand an arbitration. pay
The purchase must have been made in your home state or within 100
miles
your
reasonable
attorneys
and
experts
fees
you
prevail
or
we
must
of your current mailing address and the purchase price must have been
fees in order for this Arbitration Provision to be enforced Also we bear an
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
was
based
on
fees if 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
"FAA")
and
2. You must have used your credit card for the purchase. Purchases made with
not by any state arbitration law The arbitrator must apply applicable substantive
cash advances from an ATM or with a check that accesses your credit card ac-
law with the FAA and applicable statutes limitations and claims
count
do
not
qua
privilege The arbitrator award any remedy provided by the
3. You must not yet have fully paid for the purchase
substant tive law that would apply if the action were pending court (including
all of 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 writing at:
tional standards employed by the courts). At the timely request of either party
Comenity Capital Bank
the
arbitrator
must
provide
brief
written
explanation
of
the
basis
for
the
award
PO Box 182620, Columbus, Ohio 3218-2620
10. Right to Discovery: In addition to the parties' rights to obtain discover
While we investigate the same rules apply to the disputed amount as discussed
pursuant
to
the
arbitration
rules
of
the
Administrator
either
party
may
subm
above After we finish our investigation, we will tell you our decision. At that
a written request 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 under the arbitration rules of the Administrator. The arbitrator shall have
delinquent.
discretion grant deny that request
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator'
Credit insurance (as applicable)
award may be entered by any court having jurisdiction. The decision
is
final
and
binding
except
for
any
right
appeal
Purchasing credit insurance optional If you do choose to carry credit insurance
provided
by
the
FAA.
However
coverage, the premium charge will be added to your Account as purchase
the amount of the Claim $50,000 or involves request for injunctive
on
or
declaratory
that
the last day of each billing period. cancel your coverage at any time.
eeably
involve
cost
or
benefit
either
Account Assure Debt cancellation (as applicable)
exceeding $50,000 any party can. within 30 days after the entry of the award
Purchasing Account Assure is optional
by the arbitrator, appeal the award to three-arbitrator panel administered by th
Administrator. The panel shall reconsider anew any aspect of the initial
Your decision whether or not to purchase Account Assure won't affect your
application for credit or the terms of any existing credit agreement you have
requested by the appealing party. The decision of the panel shall be by majorit
vote.
Reference
Arbitration
Provision
to
"the
with
arbitrator"
shall
mean
th
panel an appeal of the arbitrator's decision has been taken The costs of
The monthly fee for Account Assure is based on the outstanding monthly
appeal
will
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
We'll provide additional informati before you' required pay for Ac-
repay
ment
of
all
owed
under
this
Agreement,
the
closing
of
the
count Assure. This will include copy of the terms and conditions pertain-
Account
any
ing
to
Account
Assure
legal proceeding and any bankruptcy to the extent consistent with applicable
bankruptcy
law
In
the
event
of
conflict
inconsistency
between
this
You can cancel Account Assure at any time
Arbitra
tion Provision, on the hand. and the applicable arbitration rules
There are eligibility requirements conditions. and exclusions that could pre-
provisions
of
this
Agreement
on
the
other
hand.
this
Arbitration
shall
vent you from receiving benefits under Account Assure
govern
This
Arbitration
Provisi
replaces
any
Prior
Arbitration
Agreement
Be sure carefully read the Addendum for a full explanation of the terms
of Account Assure
13 Severability: If any portion of this Arbitratio Provision, other than the Clas
Action
Waiver,
invalio
O
unenforceable
the
remaining
portions
shal
H. Communicating with us
nevertheless in force. a determination is made that the Class Action
Communicating to you about your Account
Waiver only this sentence of the Arbitration Agreement
If we need to contact you to service your Account or to collect amounts you owe
main in force and the remaining provisions shall be null and void, provided tha
to
us,
give
direct
consent
the
to
well
concerning
the
Class
us.
as
as
servicers
contractors
Action
Waiver
shall
be
agents,
and
subject
appeal
collectors of your Account to communicate with you in any way, such as calling,
14. Special Payment: If (1) you submit Claim Notice in accordance
texting,
or
electronic
mail
Paragraph
B
above
on
your
own
behalf
(and
not
on
behalf
any
other
party)
1)
cell. landline. text number you provide use to contact us, or at which
(2) we refuse to provide you with the relief you request: and (3) arbitrato
we
believe
we
can
subsequently
reach
determines
that
(even
you
were
entitled
to
such
relief
you
not
yours),
(or
greater
relief)
2)
any electronic mail address you provide to one of our merchants,
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
3)
automated dialer systems and automatic telephone dialing systems,
you are entitled)
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
state or federal law, and you understand that this may result in additional mobile,
395861001 (04/14
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
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 $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method