Terms and Conditions of the Bill Me Later® Payment System 

Bill Me Later® is an open-end credit plan offered by Comenity Capital Bank, Salt Lake City, Utah ("the Lender"). IF 
YOU DO NOT HAVE A BILL ME LATER ACCOUNT, by using Bill Me Later® to complete this Purchase, you apply 
for credit and you agree that you have read the Terms and Conditions, including its Agreement to Arbitrate; you 
authorize the Lender to review your credit report and you understand that this account is subject to interest and Late 
Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your 
personal information, including email address, with the Lender, and authorize the Lender to use that information for 
all lawful purposes in connection with the account. IF YOU ALREADY HAVE A BILL ME LATER ACCOUNT this 
Purchase is pursuant to your Bill Me Later Terms and Conditions, a copy of which is provided below for your 
reference. You may be asked to provide information (such as your date of birth and last four digits of your social 
security number), each time you use Bill Me Later. This information is used solely for verification purposes. 

The Terms and Conditions of Bill Me Later® include the following: 

Important Disclosures 

 
  E-Sign Consent 
  Account Agreement, including Agreement to Arbitrate 
  Privacy Policies 

Bill Me Later® Important Disclosures 

The information that follows includes important information about the cost of credit and the interest rates 
that apply to your account. 

Interest Rate and Interest Charges 

Annual Percentage Rate 
(APR) for Standard, 
Promotional and 
Financed Installment 
Purchases 

Annual Percentage Rate 
(APR) for Cash 
Advances 

19.99%* 

19.99%* 

Your due date is at least 25 days after the close of each billing cycle. We 
will not charge any interest on Standard or Promotional Purchases 
(excluding Promotional Purchases subject to a Deferred Interest option) or 
Cash Advances if you pay the entire balance by the due date each month. 
We will charge interest on a Deferred Interest Purchase from its transaction 
date, unless you pay the Deferred Interest balance in full by its expiration 
date, which will be at least 6 months after the transaction date. We will 
begin charging interest on Financed Installment Purchases on the 
transaction date. 

If you are charged interest, the charge will be no less than $2.00. 

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. 

Paying Interest 

Minimum Interest 
Charge 

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau 

Fees 

Annual Fee 

None. 

 
 
 
Installment Purchase 
Transaction Fee 

Penalty Fees 

 

Late Payment 
Fee 

2% of the total amount of each Installment Purchase** 

If the minimum payment due 
is: 
Less than $25.00 
$25.00 or greater  

The late fee is: 

Up to $5.00 
Up to $35.00 

  Return Check 

Fee 

Up to $25.00 

How Lender Will Calculate the Balance: Lender uses a method called "average daily balance" (including new 
Purchases and Cash Advances). See the Account Agreement for more details.  
Billing Rights: Information on Borrower's rights to dispute transactions and how to exercise those rights is provided 
in the Account Agreement. 

*From time to time, Lender may offer Standard Purchases or Promotional Purchases with a 
lower rate that may apply for a limited time. 

**From time to time, Lender may waive the Installment Purchase Transaction Fee in 
connection with an Installment Purchase promotional offer. 

Amendment of the Terms and Conditions. Lender may amend the Account Agreement, including any of the terms 
stated above, from time to time, in accordance with the paragraph of the Account Agreement called "Amendment of 
this Agreement." 

Important information about procedures for opening a new account. To help the government fight the funding of 
terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record 
information that identifies each person who opens an account. What this means for you: When you open an 
account, Lender will obtain your name, address, date of birth, and other information that will allow Lender to identify 
you. Lender may verify this information with you and others. Lender may also request to see your driver's license or 
other identifying documents. 

APPROVAL AND CREDIT LIMIT TERMS: If you are under 21 years of age, we may require that you provide us 
additional information in compliance with the Credit CARD Act of 2009. 

All accounts, including New York Residents: You agree to give Lender permission to obtain a credit report from a 
consumer credit reporting agency in connection with this application, any transaction, or extension of credit, and on 
an ongoing basis, for the purpose of performing a routine and occasional verification of credit on your Account, 
adjusting the credit limit on your Account, taking collection action on your Account, or for any other legitimate 
purposes associated with your Account. Upon your request, you will be informed of whether or not a consumer credit 
report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that 
furnished the report. New York residents may contact the New York State Department of Financial Services at 877-
226-5697 or at 1 State Street, New York, NY 10004 to obtain a comparative listing of credit card rates, fees and 
grace periods. 

Wisconsin Residents:If you are married, by submitting your credit card application you are confirming that this credit 
card obligation is being incurred in the interest of your marriage and your family. No provision of any marital property 
agreement (pre-marital agreement), unilateral statement under 766.59 of the Wisconsin Statutes, or a court decree 
under 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is 
furnished a copy of the agreement, statement or decrees or has actual knowledge of the adverse provision. If the 
credit card for which you are applying is granted, you will notify Lender if you have a spouse who needs to receive 
notification that credit has been extended to you. 

All accounts, including California and Utah Residents: As required by law, you are hereby notified that a negative 
credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms 
of your credit obligations. 

 
 
 
 
 
 
 
 
 
 
 
 
The Ohio laws against discrimination require that all creditors make credit equally available to all 
creditworthy customers and that credit reporting agencies maintain separate credit histories on each 
individual upon request. The Ohio Civil Rights Commission administers compliance with this law.  

As required by California law, a married applicant may apply for a separate account. 

Bill Me Later® E-Sign Consent 

Consumer Consent to receive disclosures and other information electronically. 

IMPORTANT NOTICE. In order to complete this transaction online, the Lender must provide you with certain 
disclosures required by law. The Lender can provide these disclosures to you online only if you consent. 
You should choose another payment option if you do not consent. 

1. DEFINITIONS. In this Bill Me Later E-Sign Consent, the following definitions apply: 
"You", "your" and "Borrower" mean the person who is asking to use Bill Me Later to make a purchase.  
"We", "us", "our" and "Lender" mean the Lender and, following an assignment, any person, company or bank to 
whom the rights of the Lender have been assigned.  
"Bill Me Later Payment System" is the payment system, which allows you to pay for purchases from participating 
Merchants by charging the costs to your Bill Me Later Account. It may be called simply "Bill Me Later". 

2. CONSUMER CONSENT. By checking the "I agree to have the Terms and Conditions presented electronically", 
which you hereby adopt as your electronic signature, you consent and agree that:  

  We can provide disclosures required by law and other information about your legal rights and duties to you 

electronically. 

  Your electronic signature on agreements and documents has the same effect as if you signed them in ink. 
  We can send all important communications, billing statements and disclosures (collectively defined as 

"Disclosures") to you electronically via our website or to the email address that you have provided to the 
Merchant in this transaction or to another email address that you provide to us for that purpose rather than in 
paper form. 

  We will alert you when the Disclosures are available, by sending you an electronic communication. 
  Our email will tell you how you can view the Disclosures. 
  We will make the Disclosures available to you for not less than 90 days from the later of: the date it first 

became available to you, or the date we sent you the email to alert you that it was available. 

  You will be able to print a copy of the Disclosure or download the information for your records. 
  This consent applies to this transaction, to all future Disclosures on this Account, to all future transactions in 
which you use the Bill Me Later Payment System or with us, at any time, and to other Disclosures that we 
provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the 
procedure mentioned below. 

The disclosures and information you will receive in this online session are:  

  Bill Me Later Important Disclosures 
  This Bill Me Later E-Sign Consent 
  Bill Me Later Account Agreement, including Agreement to Arbitrate 
  Privacy Policies 

3. WHAT YOU WILL NEED. You understand that, in order to access and retain the electronic Disclosures, you will 
need the following: 

  A computer with an Internet connection. 
  A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are 

Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and above, or Safari 2.0 and above.) 
The browser must have cookies enabled. 

  A valid email address. 

 
 
 
  Sufficient storage space to save past Disclosures OR an installed printer to print them. 
 

If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, 
you must add customercare@bill-me-later.com to your email address book. 

4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. You understand that you may request 
paper copies of the Disclosures within 180 days of the date of the Disclosure, and that we will provide them to you by 
mail at no charge. You understand that you have the right to receive these Disclosures in paper form and that you 
may withdraw your consent by logging into www.billmelater.com and going to "Manage Account". You can also 
request paper copies and/or withdraw consent by contacting us at: 

Bill Me Later 
P.O. Box 2394 
Omaha, NE 68103-2394 

5. UPDATING EMAIL ADDRESS. At any time, you can update the email address to which we will send alerts that 
your Disclosures are available. You can change your email preferences by logging into www.billmelater.com and 
going to "Manage Account." You can also do this by contacting us at: 

Bill Me Later 
P.O. Box 2394 
Omaha, NE 68103-2394 

6. LEGAL EFFECT. By consenting, you agree that electronic Disclosures have the same meaning and effect as if we 
provided paper Disclosures to you as we are required to do so. When we send you an email alerting you that the 
Disclosures are available electronically and make it available online, that shall have the same meaning and effect as 
if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had 
previously withdrawn your consent to receive Disclosures electronically. 

7. GENERAL. You understand and agree that we reserve the right to cancel this electronic Disclosure service, 
change the terms of use of this service or send Disclosures in paper form at any time. You understand and agree that 
we are responsible for sending notice of the Disclosures to you at the email address you have provided, but are not 
responsible for any delay or failure in your receipt of the email notices.  

Bill Me Later® Account Agreement 

NOTICE TO BORROWER: (1) CAUTION - IT IS IMPORTANT THAT BORROWER THOROUGHLY READ THE 
DISCLOSURES AND AGREEMENT BEFORE BORROWER AGREES; (2) BORROWER SHOULD RETAIN A COPY 
OF THE DISCLOSURES AND AGREEMENT FOR BORROWER'S RECORDS. THIS AGREEMENT REQUIRES 
THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY 
TRIALS OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A 
DISPUTE. 

This Agreement sets forth the Terms and Conditions of the Bill Me Later Credit Account (the "Account") and the 
extensions of credit made by Comenity Capital Bank, Salt Lake City, Utah ("the Lender"). Please read this Agreement 
and keep a copy. 

1. DEFINITIONS. In this Bill Me Later Account Agreement, the following definitions apply: 
"Account" means the Bill Me Later open-end (revolving) account that is the subject of this Agreement. 
"Agreement" means the Bill Me Later Important Disclosures, Account Agreement, and any amendment or addendum 
to this Agreement. 
"Bill Me Later Payment System" is the payment system which allows you to pay for purchases from participating 
Merchants by charging the Costs to your Account. In this Agreement, it may be called simply "Bill Me Later." 
"Cash Advances" are extensions of credit made on the Account to the Borrower, when the Borrower chooses the Bill 
Me Later Payment System to Send Money using the services offered by PayPal, Inc. 
"Purchases" are extensions of credit made on the Account to the Borrower, when the Borrower chooses the Bill Me 

 
 
 
Later Payment System to pay for a purchase from a Merchant. For some purposes, including Borrower's Billing 
Rights, Purchases may be considered to be credit card purchases. 
"Send Money" means your ability to make payments to third parties using PayPal, Inc., including in connection with: 
(i) a purchase of goods or services; or (ii) between two individuals (not to or from a business) without a purchase. 
a. Parties to this Agreement. 
"You", "your" and "Borrower" mean the person who applied for this Account and agrees to this Agreement. 
"We", "us" and "our" mean the Lender, and, following an assignment, any person, company or bank to whom the 
rights and/or obligations of the Lender have been assigned.  
b. Other Parties. 
"Bill Me Later, Inc.," located in Timonium, Maryland, developed Bill Me Later and provides services for the Lender, 
such as processing transactions, keeping records, sending billing statements and providing customer service. Bill Me 
Later, Inc. is also the company to which you will pay any amounts owed on your Account, and as a result, Bill Me 
Later, Inc. performs any and all collection activities relating to your Account. ("Bill Me Later" is a registered trademark 
of Bill Me Later, Inc.) 
"Merchant" means a merchant participating in and authorized to accept the Bill Me Later payment option. 
"PayPal, Inc.," located in San Jose, California, is a payment service provider that consumers and merchants use to 
make payments to and accept payments from third parties.  
c. Parts of the Account. 
(i) Revolving Parts. 
"Standard Purchases" are subject to the standard repayment terms, Grace Period and Annual Percentage Rate.  
"Promotional Purchases" may be subject to special, promotional repayment terms and/or Annual Percentage Rates 
for all or part of the time they are unpaid. Promotional Purchases are subject to the standard repayment terms and 
rate, except to the extent that the promotional offer states different terms. 
"Deferred Interest Purchases" are Promotional Purchases on which no interest will be charged if they are paid in full 
within the deferred interest period. Interest will be charged from the purchase date if the Purchase balance is not paid 
in full within the deferred interest period. The deferred interest period may be 6 months or more as disclosed when 
the transaction is made. 
"No payments for 6 months Purchases" are Deferred Interest Purchases on which no payments will be due during a 6 
month deferred interest period.  
"No interest if paid in full Purchases" are Deferred Interest Purchases on which payments will be due during the 
deferred interest period. 
"Cash Advances" are subject to the standard repayment terms and Grace Period, and are subject to the Annual 
Percentage Rate applicable to Cash Advances. 
(ii) Installment Parts. 
"Installment Purchases" are extensions of credit from the installment part of the account that will be repaid in monthly 
installments called "Monthly Plan Payments."  
"Interest-free Installment Purchases" will not be subject to interest imposed by the Lender, if you pay the balance in 
full by the End Date. 
"Financed Installment Purchases" will be subject to interest imposed by the Lender. 
d. Other Definitions used in this Agreement. 
"Billing Cycle" means the time between the dates on which we prepare billing statements, or would have prepared 
them if statements were required under the paragraph of this Agreement called "Billing Statements." The Billing Cycle 
will end on approximately the same day of each month. We may change the day the Billing Cycle ends, at our option. 
The Billing Cycle will end on any day that we or you terminate the Account and you pay the balance in full. 
"Closed-end Loan" means a closed-end loan from the Lender to the Borrower, the proceeds of which were paid to a 
Merchant to pay the Cost of Borrower's purchase from the Merchant, using Bill Me Later, at a time when the Borrower 
did not have an active Account. 
"Cost" means the amount of any Cash Advances you obtain using Bill Me Later or the price of any item you purchase 
from a Merchant using Bill Me Later, plus any fee or charge you agree to pay the Merchant or PayPal, Inc., the cost 
of shipping and taxes, less any applicable discount or credit offered by the Merchant. 
"Credit Line" means the dollar amount of credit available for you to borrow on this Account. The total balances of all 
parts of the Account plus transactions which have been authorized but not yet posted to the Account (but not 
including unpaid Fees) may not exceed the Credit Line. We will treat any request for an extension of credit that would 
cause the balance to exceed the Credit Line as a request to increase the Credit Line. 
"End Date" is the "Payment Due Date" of the final Monthly Plan Payment on an Installment Purchase. 
"Expiration Date" for a Deferred Interest Purchase is the date on which the deferred interest period ends. 
"Grace Period" means the period within which you may repay a loan without incurring any interest on that loan. The 
Grace Period applies only to Standard Purchases, Cash Advances and Promotional Purchases which are not 
Deferred Interest Purchases. 
"Payment Due Date" means the date which will appear each month as the "Payment Due Date" on the billing 
statement. 

"Termination" means that you will no longer be able to obtain loans or any extension of credit on this Account. 
Termination affects the Account permanently, at the sole discretion of the Lender.  

2. GENERAL DESCRIPTION OF THE ACCOUNT. This is a multi-part open-end credit account. You will make a 
Purchase using this Account by choosing the Bill Me Later Payment System when you make a purchase from a 
Merchant at a web site, by telephone, or at another authorized location. Purchases will be added to the balance of the 
Standard Purchases part of the Account, unless they are subject to special terms for Promotional Purchases. You 
may also obtain Cash Advances by choosing the Bill Me Later Payment System when you Send Money using the 
services offered by PayPal, Inc. We will charge interest on all parts of this Account, beginning on each transaction 
date, except during the Grace Period and as otherwise provided in the paragraph of this Agreement called "Interest 
Rate and Interest Charges." You will only have the right to use some parts of the Account from time to time, when we 
make a special offer. The rate of interest may be different for different parts of the Account. We may make changes in 
this Agreement as explained in the paragraph called "Amendment of this Agreement." 

3. HOW YOU AGREE TO THIS AGREEMENT. You agree to this Agreement and you make the promises it contains 
by doing either of the following: 
a. Requesting an Account. You may request an Account in any of the ways we may provide. 
b. Using Bill Me Later after you receive this Agreement. If you obtain a Closed-end Loan from us, we may send 
you information about Bill Me Later, including this Agreement. By using Bill Me Later after you receive this 
Agreement, you agree to this Agreement. 

4. HOW YOU CAN USE THIS ACCOUNT. 
a. Standard and Promotional Purchases. You can make a Purchase using this Account by choosing the Bill Me 
Later Payment System when you make a purchase from a Merchant at a web site, by telephone, or at another 
authorized location. We will extend credit to you, in the amount of the Cost of the Purchase, by paying the Merchant 
on your behalf. These Purchases will be subject to the Standard Purchase terms, unless special terms are in effect at 
the time of the Purchase or are offered by the Merchant. 
b. Cash Advances. We may allow you to obtain Cash Advances by choosing the Bill Me Later Payment System 
when you use the Send Money feature offered by PayPal, Inc. We will extend credit to you, in the amount of the Cost 
of the Cash Advance, by authorizing PayPal, Inc. to transmit the Cost of the Cash Advance via the Send Money 
feature. These Cash Advances will be subject to the standard repayment terms and Grace Period, and will be subject 
to the Annual Percentage Rate applicable to Cash Advances. 
c. Installment Purchases. We may offer you the opportunity to make purchases from some Merchants as 
Installment Purchases. We may offer this as the only method you can use to make a purchase from a Merchant, or as 
an option to the Standard Purchase method. We will extend credit to you, in the amount of the Cost of the Purchase, 
by paying the Merchant on your behalf. Installment Purchases will be subject to Financed Installment Purchase 
terms, unless otherwise agreed. 
d. Refinance of Closed-end Loan. If you have any unpaid Closed-end Loans from us at the time you open this 
Account, you request that we refinance the Closed-end Loans by extending credit from this Account. If a Closed-end 
loan is subject to a Promotional rate or a Deferred Interest provision, the extension of credit will be from an equivalent 
Promotional or Deferred Interest part of the Account. If the Closed-end Loan is not subject to a Promotional rate or a 
Deferred Interest provision, the extension of credit will be from the Standard Purchases part of the Account. 
e. Other Agreements about Purchases and Cash Advances. 
(i) Credit Line. At the time you open your Account and obtain your first extension of credit, we will evaluate your 
request for credit. If we extend you credit, we will disclose to you the total amount of your Credit Line, which will be no 
less than $250 ("minimum Credit Line"). 
If you try to make a Purchase or request a Cash Advance that would cause your outstanding balance to be above 
your Credit Line, we will treat that as a request to increase the Credit Line. 
For example: 

 

If your Credit Line is $650, you have a $200 balance, and you try to make a Purchase or request a Cash 
Advance of $500, we will treat this as a request for an increase in the Credit Line. If we approve this 
transaction, your new Credit Line will be $700 (the "highest balance"). 

We have the option to refuse a request for an increase, but we will notify you of the reasons for any refusal. We may 
occasionally and routinely verify credit information about you and obtain an updated consumer report in connection 
with this Account. We may decrease your Credit Line at any time. We will notify you at the time we do so. From time 
to time, we may review your Account to ensure that payments and transactions posting to your Account are valid and 
not fraudulent and that good funds are collected for payments. In doing so, we may temporarily limit your ability to 
utilize the total credit available to borrow until the Account review is completed and/or transactions and payments are 

confirmed to be valid and fully collected.  
(ii) We may charge your Account for Purchases and Cash Advances. You authorize us to charge this Account for 
the Cost of any Purchase or Cash Advance you, or anyone to whom you have given permission to use this Account, 
make from a Merchant using Bill Me Later. You understand that the amount that we actually pay to the Merchant for 
any Purchase or that PayPal, Inc. pays to any recipient of a Cash Advance may be less than the Cost of the 
Purchase or Cash Advance, because: (i) the Merchant may agree that we or a third party may retain a portion of the 
Cost in order to participate in Bill Me Later, or (ii) PayPal, Inc. may charge you fees for facilitating a Send Money 
transaction, which may be equal to the total of: (1) a percentage of the Cash Advance extended in connection with 
the Send Money transaction, plus (2) a transaction fee. 
(iii) We may charge your Account for Interest and Fees. You authorize us to charge this Account for interest, any 
Fees, costs of collection, and amounts that you agree in this Agreement to pay. 

5. YOUR PERSONAL INFORMATION. 
a. Purchases. When you choose Bill Me Later to make a Purchase, you authorize the Merchant to share your 
personal information with us to the extent necessary for us to make a credit decision in order to open your Account or 
increase your Credit Line, and to complete your transaction, including verifying your identity, paying the Merchant on 
your behalf, charging your Account for the Costs of the Purchase, sending you a billing statement, servicing your 
Account and for all other lawful purposes in connection with this Account. You authorize the Merchant to share your 
email address with us. 
b. Cash Advances. When you choose Bill Me Later to obtain a Cash Advance, you authorize us to share your 
information with PayPal, Inc. to the extent necessary for us to complete your transaction, including verifying your 
identity, transmitting the Cash Advance to PayPal, Inc. on your behalf, charging your Account for the Costs of the 
Cash Advance, sending you a billing statement, servicing your Account and for all other lawful purposes in 
connection with this Account. You authorize PayPal, Inc. to share your email address with us. 
c. Other Agreements. You consent to our sending you emails for any lawful purpose in connection with this Account, 
including commercial emails for marketing Bill Me Later, its features, and the benefits of using Bill Me Later at 
Merchants who accept it. You may withdraw your consent to us sending you commercial emails, at any time, by 
changing your "email preferences" at the www.billmelater.com website, or by "unsubscribing" when we send you an 
email. 

6. PROMISE TO PAY. Borrower promises to pay to us the balance on this Account, including all Purchases and 
Cash Advances, extensions of credit and other amounts Borrower has authorized us to charge to this Account. 
Borrower promises to pay these amounts as agreed in this Agreement, including the promise to make the Minimum 
Payment Due each month on or before the Payment Due Date. 

7. BORROWER ALSO PROMISES: 
a. To pay for all Purchases made by you and by someone you authorized to use this Account. We (and any person 
who may decide whether you are liable for amounts charged to this Account) may presume that you have authorized 
any Purchase made in your name using this Account, if the purchase is delivered in your name to your address, 
unless you return the Purchase to the Merchant within a reasonable period of time. You will not be responsible for 
any unauthorized Purchases using this Account. 
b. To pay for all Cash Advances made by you and by someone you authorized to use this Account. You will not be 
responsible for any unauthorized Cash Advances using this Account. 
c. To give us personal financial information about you that we may reasonably request, from time to time. 
d. To pay all costs of collection if we take any action to collect this Account or take any action in a bankruptcy 
proceeding filed by or against you, if we are permitted by applicable law to charge those costs. This shall include, 
unless prohibited by applicable law, reasonable attorneys' fees and expenses to the maximum amount permitted by 
applicable law. 
e. Not to give us false information or signatures, electronic or otherwise, at any time. 
f. To pay a Late Fee and Return Check Fee, as provided in this Agreement. 
g. To make all payments by check, money order, electronic funds transfer or ACH in U.S. Dollars, drawn on funds on 
deposit with a U.S. financial institution or a U.S. branch of a foreign financial institution, in a form that will be 
processed and honored by our financial institution, in accordance with the reasonable requirements set forth on the 
billing statement, and to make each payment so that we receive it at the remittance address disclosed on the billing 
statement. If you make a non-conforming payment, we may refuse to accept the payment. A non-conforming 
payment, if accepted by us, will be credited to your Account not more than 5 days after the date we receive it, unless 
otherwise required by law. A non-conforming payment includes, among other things, a payment that is not made in 
accordance with this paragraph and with the reasonable requirements set forth on the billing statement, oversized 
and undersized instruments, instruments using non-standard materials, instruments in a non-standard format, and 
any non-standard instrument that requires special handling. 
h. That when you make a payment on this Account by check, you authorize us to use information from your check to 

make a one-time electronic fund transfer from your account. In certain circumstances, such as for technical or 
processing reasons, we may process your payment as a check transaction. When we use information from your 
check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we 
receive your payment, and you understand that you will not receive your check back from your financial institution. 
You have the right to withdraw this authorization at any time by informing us that you do not want us to use the 
information from your checks to make an electronic fund transfer; to do so, you must contact us in writing at 
Electronic Check Opt Out, P.O. Box 4415, Timonium, MD 21094 and provide us with your name, Bill Me Later 
Account number and the name of the financial institution and account number from which your checks are drawn. 
i. To promptly notify us if you change your name, your mailing address, your e-mail address or your telephone 
number. 
j. To honor any other promises that you make in this Agreement. 
k. That you will not accept this Account unless you are of legal age in the state where you reside and are a resident 
of the U.S.A. 
l. If you are dissatisfied with goods or services you purchased from a merchant, you will try in good faith to resolve 
the dispute and correct the problem directly with the Merchant. You agree to allow a reasonable period of time for the 
Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a billing error. 
m. To use Bill Me Later only for personal, family or household purposes. 

8. SECURITY INTEREST. We will not take any security interest to secure this Account. 

9. INTEREST RATE AND INTEREST CHARGES. Borrower agrees to pay interest on the outstanding balance of 
each part of this Account, including billed interest and billed Fees, at all times that this Account is in effect, including 
any period after Termination in which there remains an outstanding balance. For the purposes of assessing interest, 
each part of the Account, which may be called "Transaction Types" on the billing statements, will be calculated 
separately, in the following way: 
a. Parts of the Account.  
(i) Standard Purchases. All Standard Purchases and any other balances that are moved to the Standard Purchases 
part of the Account will be a single part. 
(ii) Promotional Purchases. Promotional Purchases, while subject to different Promotional rates, terms, and 
Deferred Interest terms, will be different parts of the Account. 

  Deferred Interest Purchases. From time to time, we may offer Promotional Purchases with a Deferred 

Interest option. All Purchases subject to the same rate, Deferred Interest terms and Expiration Date will be a 
single part; at our option, we may consider any Deferred Interest Purchase to be a separate part, or may 
consider Deferred Interest Purchases from different Merchants to be different parts. If you pay the balance 
on the Deferred Interest part (which is called the "Deferred Interest Balance") in full by the Expiration Date, 
we will not charge any interest for that part. We will calculate the interest for each Billing Cycle prior to the 
Expiration Date and disclose it on the Billing Statement as the Accrued Deferred Interest. If you do not pay 
the balance on a Deferred Interest part of the Account before the Expiration Date, we may charge your 
Account, in the Billing Cycle in which the Expiration Date occurs, interest on each Promotional Purchase 
from the date of the Purchase (each "transaction date"). 

  End of Promotional Terms. If a part is subject to a special promotional rate or Deferred Interest term which 
ends as of a certain date ("Expiration Date"), you authorize us to move, on or after that date, the balance 
remaining in that part to the Standard Purchases part of the Account, and it will be subject to the repayment 
and interest terms for Standard Purchases.  

(iii) Cash Advances. All Cash Advances will be a single part of the Account. 
(iv) Installment Purchases. Each Installment Purchase will be a part of the Account. If there is a balance owing on 
an Interest-free Installment Purchase after the End Date, I authorize you to move, on or after the End Date, that 
balance to the Standard Purchases part of the Account, and it will be subject to the repayment and interest terms for 
Standard Purchases. 
b. When the Interest begins. The interest begins to accrue on the transaction date, except (i) interest does not 
accrue on any portion of a Purchase or Cash Advance that you repay during the Grace Period for the Purchase or 
Cash Advance, if a Grace Period is applicable to the Purchase or Cash Advance; (ii) interest will not be assessed if 
the conditions in the following paragraph are met; and (iii) interest does not accrue prior to the End Date on an 
Interest-free Installment Purchase. 
c. Assessing Interest. We will not assess interest on Standard or Promotional Purchases or Cash Advances during 
any Billing Cycle in which your payments and credits on or before the Payment Due Date reduce the outstanding 
balance for Standard and Promotional Purchases (excluding Standard and Promotional Purchases you made during 

the Billing Cycle, and excluding Deferred Interest Purchases or Interest-free Installment Purchases) or Cash Advance 
to zero or to a credit balance. 
d. Grace Period. Only Standard Purchases and Promotional Purchases (other than a Deferred Interest Purchase) 
and Cash Advances are eligible for a Grace Period. If a Purchase or Cash Advance that is eligible for a Grace Period 
is made during a Billing Cycle in which no interest was assessed on the Purchase or Cash Advance because of the 
preceding paragraph, we will not assess interest on any portion of the Purchase or Cash Advance which you repay 
on or before the Payment Due Date in the next cycle.  
e. How we will determine the balance on which the interest is computed. We will compute the interest for each 
part on the "Average Daily Balance" (including new Purchases and Cash Advances) for that part during the Billing 
Cycle. To get the Average Daily Balance for each part, we will take the beginning balance for each part each day and 
add any new Purchases, Cash Advances and adjustments posted that day, including billed interest and billed Fees; 
then subtract any payments and any credits. This gives us the "Daily Balance." Then, we add up all the Daily 
Balances for the Billing Cycle for that part and divide the total by the number of days in the Billing Cycle. The result is 
the Average Daily Balance for that part. We will treat any Daily Balance which is a credit balance as zero.  
f. How we compute the Interest. We will compute the interest during the Billing Cycle for each part separately. For 
each part, we will multiply the Average Daily Balance for the Billing Cycle by the number of days in the Billing Cycle; 
then we will multiply the product by the Daily Periodic Rate in effect for that part during that Billing Cycle. The result is 
the interest for that part. We will then add up the interest for all the parts, to get the interest for the Account. 
g. Minimum Interest Charge. If the Daily Balance of any part (excluding any balance on a Deferred Interest 
Purchase, prior to its Expiration Date, and any Interest-free Installment Purchase part), on the last day of a Billing 
Cycle (the Statement Date), is greater than zero, and if the interest for the Billing Cycle is greater than zero but less 
than $2.00, we may assess a Minimum Interest Charge (which will be shown on the billing statement as a fee called a 
"Minimum Interest Charge") of $2.00 for the Billing Cycle. 
h. Rate of Interest. We will compute the interest on the Standard, Promotional and Financed Installment Purchases, 
as well as Cash Advance parts using the Daily Periodic Rate of 0.05477%. This corresponds to the ANNUAL 
PERCENTAGE RATE of 19.99%. However, if we have disclosed a special promotional rate at the time we made the 
special offer, we will compute the interest on the Promotional Purchases parts using that special promotional rate. 

10. FEES. You agree to pay the following Fees, as applicable. You agree that we may allocate any Fee to the 
Standard Purchases and/or Cash Advances part of the Account. 
a. Transaction Fees. 
(i) Installment Purchase Transaction Fee. We may charge you an Installment Purchase Transaction Fee each time 
you make a Purchase using the Installment Purchase part of the Account. The amount of the Installment Purchase 
Transaction Fee, if any, will be equal to 2% of the total amount of each Installment Purchase. 
b. Penalty Fees. 
(i) Late Payment Fee. We will charge you a Late Fee for each month the Minimum Payment is not paid in full by its 
Payment Due Date. The amount of the Late Fee will be the amount of the missed payment, up to (1) $5 if the 
Minimum Payment Due is less than $25, or (2) $25 if the Minimum Payment Due is $25 or more, the first time you are 
late, and, if your payment is late again within the next six billing cycles after any prior late payment, up to $35. No 
Late Fee will be due if the reason the Payment is late is either: 
(A) attributable to a Late Fee assessed on an earlier payment; or 
(B) because, after default, the entire balance on this Account is due. 
(ii) Return Check Fee. If your payment on this Account is made with a check, including a draft, order or other 
instrument that is returned by a drawee for "not sufficient funds" in the account on which the check is written, or for 
other reasons such as a closed account, we will charge you a Fee equal to the amount of the required Minimum 
Payment Due immediately prior to the date on which the payment is returned, up to $25. We will not charge the 
service charge, however, if we redeposit the check and it is paid. 
c. Fee for providing a copy of billing statement. Unless we are required by law to provide you with a copy of a 
billing statement for a Billing Cycle other than the current Billing Cycle, you agree to pay us a fee of ten dollars 
($10.00) per billing statement if you request a copy. 

11. MINIMUM PAYMENT DUE. The Minimum Payment Due will be due each Billing Cycle, on or before the Payment 
Due Date. The amount of the Minimum Payment Due will be the sum of the Monthly Plan Payments due on each 
Installment Purchase part plus the current payment due for the Revolving Parts of the Account plus any amounts past 
due from previous Billing Cycles.  
a. Revolving Parts. The current payment due will be the greatest of: (A) $25, or $35.00 if you failed to pay at least 
the total Minimum Payment Due by the due date in any one or more of the prior six (6) billing cycles; or (B) 3% of the 
balances on the Account (excluding any balance on a no payments for 6 months (or 9 months or 12 months, as 
applicable) Purchase and Cash Advance prior to its Expiration Date), on the last day of the Billing Cycle; or (C) 1% of 
the balance on the Account (excluding any balance on a no payments for 6 months (or 9 months or 12 months, as 
applicable) Purchase and Cash Advance prior to its Expiration Date), on the last day of the Billing Cycle plus any 

interest assessed on the Account in that billing cycle (excluding any accrued interest on a Deferred Interest Purchase 
that has been billed in that billing cycle), plus any Late Fees and Other Fees assessed on the Account in that billing 
cycle. The payment will be rounded down to the next whole dollar.  
b. Installment Parts. The Monthly Plan Payment due for each Installment Purchase which has not reached its End 
Date, and on which a balance is outstanding, will be the installment payment amount you agree to when you make an 
Installment Purchase. The Monthly Plan Payments for an Installment Purchase will be calculated so that they are 
substantially equal over the term of the Installment Purchase. In no event, however, will the Monthly Plan Payment 
due for any Installment Purchase be greater than the outstanding balance due on that part of the Account. The 
Monthly Plan Payment due on the End Date may be more or less than the others, because it will be adjusted as 
necessary to pay the actual balance and accrued interest owing on the End Date. 

12. PAYMENT APPLICATION. We will use each payment in the amount of the Minimum Payment Due or less, first 
to pay billed Monthly Plan Payments on the Installment Purchases (in any order we choose), then billed interest, then 
billed Fees, then the principal balance (in any order we choose), and then any other amounts due. However, if you 
have a balance on a Deferred Interest Purchase, during the two Billing Cycles immediately preceding the Expiration 
Date, we may use the payment first to pay the balance on any Deferred Interest Purchases, (in any order we 
choose). 

13. PREPAYMENT. If you pay an amount greater than the Minimum Payment Due in any Billing Cycle, the amount in 
excess of the Minimum Payment Due is a "prepayment." A prepayment does not change your obligation to make the 
Minimum Payment Due the next billing cycle. YOU MAY MAKE PREPAYMENTS IN ANY AMOUNT AND MAY PAY 
THE ENTIRE BALANCE OR ANY PART OF IT AT ANY TIME PROVIDED THAT YOU PAY AT LEAST THE 
MINIMUM PAYMENT DUE IN EACH BILLING CYCLE WHEN IT IS DUE. If you make a prepayment, we will use the 
prepayment to pay the balances starting with the balance with the highest interest rate (in any order we choose), then 
the balances with the next highest interest rate (in any order we choose), and so forth. However, if you have a 
balance on a Deferred Interest Purchase, and you make a prepayment during the two Billing Cycles immediately 
preceding the Expiration Date, we will use the prepayment first to pay the balance on the Deferred Interest Purchase, 
starting with the balance subject to the highest interest rate. We may choose to apply prepayments to the Deferred 
Interest Balance before other balances.  

14. BILLING STATEMENTS AND CREDIT BALANCES. 
a. We will provide you with a billing statement for each Billing Cycle in which: 
(i) We impose interest to this Account; or 
(ii) The New Balance is more than $1.00 (whether a credit or debit balance). 
(iii) You understand that we may provide you with electronic billing statements only and that you can elect to receive 
paper statements by logging in to www.billmelater.com. 
(iv) You agree to notify us in writing of any errors in the billing statement within 60 days from the date it is provided. 
You agree to examine the billing statement and to notify us in writing, immediately, of any Purchases which were not 
made or authorized by you. We need not provide a billing statement to you if we deem this Account uncollectible or if 
delinquency collection proceedings have been started. 
b. If the Account has a credit balance in excess of $1.00, we will refund the credit balance to you as required by law. 
You authorize us to make the refund electronically or using an ACH, (i) if you made the payment which caused the 
credit balance electronically or using an ACH, or (ii) if you typically make payments on this Account electronically or 
using an ACH. In the event that you maintain an account with PayPal, Inc., you authorize us to refund any applicable 
credit balance directly to your PayPal, Inc. account.  

15. DEFAULT. You will be in default if any of the following happen: 
a. If you fail to pay any Minimum Payment Due on or before the Payment Due Date. 
b. If you fail to keep any promise or perform any duty in this Agreement, or in any other loan or agreement with us. If 
default occurs, we will have no duty to extend credit from this Account and this Account may be terminated. We may 
refuse to make any new extensions of credit and may cancel any approved extensions of credit from the Account for 
any Purchase or transaction that has not yet appeared on a billing statement sent to you. This may happen without 
any prior notice to you. If we choose, at our sole option, to make new loans from this Account after default, you agree 
that we may charge those loans to this Account. In addition, if a default occurs, all amounts which you owe under this 
Agreement shall be due and payable immediately, at our option (subject to any applicable law to the contrary). The 
other provisions of this Agreement will continue to apply to this Account. If we get a judgment after default and/or if 
you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law, 
the rates of interest applicable to this Account will continue to apply to the balances on this Account. A default under 
this Agreement may be deemed by us to be a default under any other account or loan which you have with us. 

16. TERMINATION OF THE ACCOUNT. 
a. In addition to Termination by default, we may terminate this Agreement at any time and for any reason subject to 
the requirements of applicable law. 
b. We can terminate your Account by sending written notice to the address on the billing statement. 
c. If there is no debit or credit on this Account for twelve (12) consecutive months, we may terminate this Account 
without notice to you.  
d. After Termination, you will not be able to make new Purchases on this Account. Termination will not affect any 
Purchase which complies with this Agreement and which was made before the date of the Termination notice. If we 
choose, at our sole option, to allow Purchases after we have terminated this Account (whether or not you have given 
us notice to terminate this Account), you agree that we may charge those Purchases to this Account. After 
Termination under this paragraph, balances will continue to accrue interest until paid in full and you agree to pay the 
balance on this Account, the interest and all other amounts due in accordance with the terms of this Agreement. All 
other provisions of this Agreement will continue to apply. 

17. OUR LIABILITY. We have no responsibility for the failure of any Merchant to accept payment using the Bill Me 
Later Payment System. Our liability, if liability is provided under applicable law, for a wrongful failure to extend credit 
on this Account is limited to your actual damages. Failure to extend credit for any reason as provided under the terms 
of this Agreement will not be wrongful. 

18. AMENDMENT OF THIS AGREEMENT. We may amend this Agreement from time to time, in any respect by 
giving you written notice where required by law. An amendment may change something in this Agreement (for 
example, the rate of interest on any or all the parts), add something new or take something out. Amendments will 
apply to outstanding balances and new Purchases and Cash Advances, except (i) an increase in the APR will apply 
to new Purchases and Cash Advances made more than 14 days after written notice is mailed, (ii) as otherwise 
indicated in the written notice or (iii) as otherwise provided by applicable law. This Agreement, except when amended 
in accordance with this Agreement, is the final expression of the Agreement between us and may not be contradicted 
by evidence of any alleged oral agreement. 

19. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative. 

20. DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without losing them. 
Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any 
other occasion. 

21. BOOK ENTRY SYSTEM. You hereby appoint Bill Me Later, Inc. as your agent in maintaining, and Bill Me Later, 
Inc. agrees to maintain, a book entry system that records the identity of the owner of each Purchase and Cash 
Advances on the Account. The right to the principal of, and stated interest on, each Purchase and Cash Advance on 
the Account may only be transferred through the book entry system maintained by Bill Me Later, Inc. This section 
does not affect any of Borrower's obligations under this Agreement. This section does not limit or waive any of 
Borrower's rights, including but not limited to Borrower's Billing Rights. 

22. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or 
delegate your obligations to repay amounts you owe to us. Any attempt by you to assign or delegate will be void and 
of no effect. We may assign any and all of our rights under this Agreement at any time without your consent. Any 
person, company or bank to whom we assign this Agreement shall be entitled to all of our rights under this 
Agreement. None of our rights or obligations shall be affected by such assignment. 

23. COMMUNICATIONS CONCERNING DISPUTED DEBTS. ALL COMMUNICATIONS BY YOU TO US 
CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF 
THE ACCOUNT, MUST BE SENT TO: Bill Me Later, P.O. Box 5018, Timonium, MD 21094. 

24. CREDIT INVESTIGATION AND REPORTING. You authorize us to make or have made any credit, employment 
and investigative inquiries we deem appropriate related to this Account and the collection of amounts owed on this 
Account. You agree that we have the right to obtain a credit report in connection with our review of your application 
for this Account and for an increase in the Credit Line and occasionally and routinely, during the term of this Account, 
as we deem reasonably necessary to maintain and collect this Account. You authorize us to answer any questions 
about our experience with you related to this Account and to report that experience to credit reporting agencies. 

25. NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US; CONSENT TO ELECTRONIC 
COMMUNICATIONS AND MONITORING AND RECORDING. You may send written notices, correspondence, 
inquiries and questions concerning your Account to us at Bill Me Later, P.O. Box 2394, Omaha, NE 68103-2394. You 
may also call our customer service department at 1-866-528-3733. We may use any means of communication to 
contact you for any lawful purpose (including debt collection). Such means of communication may include, but are not 
limited to, postal mail, telephone, e-mail, text message or other technology, even if you are charged for the contact. 
You are responsible for any charges for contacting you that may be billed to you by our communications carrier. We 
may contact you at any address (including any e-mail or text message address) or telephone number (including any 
cellular telephone number or landline number that is later ported to a cellular telephone) that you give us or from 
which you call us. We may monitor, tape or electronically record our telephone calls with you, including any calls with 
our customer service department, collection department and any other department. We may contact you using an 
automatic dialing and/or announcing device that may play recorded messages. You understand and agree that by 
providing us with a cellular telephone number, you consent to receive calls at that number by an automatic dialing 
and/or announcing device or recorded messages. No contact from us will be deemed unsolicited. You may contact 
our customer service department to ask that we not contact you by using any one or more particular methods or 
technologies. 

26. GOVERNING LAW, FORUM.  
a. Governing Law. This Agreement has been accepted by us in the state of Utah, and all extensions of credit will be 
made by us in the state of Utah. Regardless of the state of your residence or the place where the Merchant is 
located, you agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by 
federal law and construed in accordance with federal law and, as made applicable by federal law, the law of the state 
of Utah. Other terms and provisions shall be governed by and construed in accordance with the law of the state of 
Utah, without regard to principles of conflicts of law, except to the extent preempted, superseded, or supplemented by 
federal law. 
b. Forum for Disputes. Except as otherwise agreed by the parties, in the event that the Agreement to Arbitrate in 
Section 27 below is found not to apply to you or to a dispute either as a result of your decision to opt-out of the 
Agreement to Arbitrate or by court order, you agree that any claim or dispute you may have against us must be 
resolved by a court located in Utah. You agree to submit to the personal jurisdiction of the courts located within Utah 
for the purpose of litigating all such claims or disputes.  

27. AGREEMENT TO ARBITRATE. Please read this provision carefully. It affects your rights and will have a 
substantial impact on how legal claims you and we have against each other are resolved if you do not opt 
out of this Agreement to Arbitrate. 

a. Summary. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling us at 
(866) 528-3733. In the unlikely event that we are unable to resolve any Claims (as defined below) you may have to 
your satisfaction (or if we have not been able to resolve a Claim we have with you after attempting to do so) after 
following the procedures set forth in this provision, we and you each agree to resolve those Claims through binding 
arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit 
in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, 
and is subject to very limited review by courts. Arbitrators can award the same damages and relief on an individual 
basis that a court can award to an individual. Any arbitration under this Agreement to Arbitrate will take place on 
an individual basis; class arbitrations, class actions, private attorney general actions, and non-individualized 
injunctive relief are not permitted. By agreeing to arbitrate, both parties are waiving the right to a trial by jury 
or before a judge. For any non-frivolous Claim with a value of $75,000 or less, we will pay all of the filing, 
administration and arbitrator fees charged by the American Arbitration Association (the "AAA") in connection with the 
arbitration. Moreover, in arbitration, you are entitled to recover attorney's fees from us to the same extent as you 
would be in court. 

b. Claims Subject to Arbitration. We and you (including users, custodians, and beneficiaries of your Account) agree 
to arbitrate any and all disputes or claims between you and us ("Claims"), including claims involving Bill Me Later, Inc. 
and its or the Lender's agents, employees, officers, directors, predecessors in interest, and successors and assigns. 
This Agreement to Arbitrate is intended to be broadly interpreted. Claims include, but are not limited to:  

 

claims or disputes arising out of or relating to your Account, the Account Agreement, or any transactions 
involving your Account or the Account Agreement, whether based in contract, tort, statute, fraud, 
misrepresentation, or any other legal theory; 

 
 
 

 

claims or disputes that arose before the effective date of the Account Agreement or any prior Account 
Agreement (including, but not limited to, claims relating to advertising, promotions, or disclosures); and 

claims or disputes that may arise after the termination of the Agreement.  

The Account Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 
U.S.C. § 1 et. seq., governs the interpretation and enforcement of this Agreement to Arbitrate. The Agreement to 
Arbitrate shall survive the closing of your Account and/or the termination of the Account Agreement. 

c. Notice of Dispute. A party who intends to pursue a Claim must first send to the other a letter describing the Claim 
(a "Notice of Dispute"). Any Notice of Dispute sent to the Lender and/or Bill Me Later, Inc. should be addressed to: 

Bill Me Later, Inc. 
9690 Deereco Road, Suite 110 
Timonium, Maryland 21093 
ATTN: Legal Department 

Any Notice of Dispute sent to you by us shall be sent to the address in the Lender's records that is associated with 
your Account at the time the Notice of Dispute is sent. The Notice of Dispute must (a) describe the nature and basis 
of the Claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include 
the Account number to which the Claim relates. If you and we do not reach an agreement to resolve the Claim 
described in the Notice of Dispute within 45 days after the Notice of Dispute is received, you or we may commence 
an arbitration proceeding before the American Arbitration Association ("AAA") or, if the AAA is unavailable, such other 
arbitration provider to which the parties agree or the court selects. Neither you nor we shall disclose to the arbitrator 
the existence, amount, or terms of any settlement offers made by any party until after the arbitrator issues a final 
award resolving the Claim.  

A form for initiating arbitration proceedings is available on the AAA's web site at http:/www.adr.org. If you or we 
attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not 
commence administration of arbitration proceedings for at least 45 days after the AAA receives the request to initiate 
arbitration.  

d. Costs of Arbitration. Except as otherwise provided herein, we will pay all of the filing, administration and 
arbitrator fees charged by the AAA for any arbitration initiated in accordance with the notice requirements above. If, 
however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or 
brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), 
then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all 
monies previously paid by us, which you otherwise would be obligated to pay under the AAA Rules. In addition, if you 
or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than 
$75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA rules. 

After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the 
filing fee unless the value of the relief sought is greater than $75,000. The maximum filing fee to be paid by you is 
currently $125 for Claims up to $10,000 and $375 for Claims over $10,000 and up to $75,000. However, these fees 
are subject to change at the discretion of the AAA. If you are unable to pay your share of the filing fee, we will pay it 
directly to the AAA upon receiving a written request from you at the notice address provided above. 

e. Arbitration Procedures. The arbitration will be governed by the Commercial Dispute Resolution Procedures and 
the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement, and will 
be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-
7879, or by writing to the notice address provided above.  

The arbitrator is bound by the terms of the Account Agreement. All issues are for the arbitrator to decide, except that 
issues relating to the arbitrability of Claims or the scope and enforceability of this Agreement to Arbitrate, including 
the interpretation of Section 27(f) below, are for the court to decide. If the value (either to you or us) of the relief 
sought is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis 
of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by 
the AAA Rules. Otherwise, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration 
hearing will take place within the federal judicial district where the address associated with your Account as identified 
in the Lender's records at the time the arbitration is commenced is located or, if that location is inconvenient to you, at 

 
 
 
 
 
 
some other location that the parties agree is convenient. 

The arbitrator will decide the substance of all Claims in accordance with all applicable law, including recognized 
principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Under this 
Agreement to Arbitrate, arbitrators shall not be bound by rulings in prior arbitrations involving different customers, but 
are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. 

Unless the parties agree otherwise, you or we, as applicable, must bring all related or similar Claims in a single 
arbitration proceeding. If you or we later initiate a subsequent arbitration asserting Claims that are related or similar to 
ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either: (i) 
consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss the Claims raised in 
the subsequent arbitration that would be barred by applicable law if brought in court. 

Upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or 
along with submission of final documents to the AAA), the arbitrator shall issue a reasoned written decision sufficient 
to explain the essential findings and conclusions on which the award, if any, is based. Unless the parties agree 
otherwise, any award shall be rendered by the arbitrator not later than 14 days from the date of the closing of the 
hearing or, if there is no oral hearing, from the date of the AAA's transmittal of the final statements and proofs to the 
arbitrator in accordance with the AAA Rules. 

f. Prohibition of Class and Representative Actions and Non-Individualized Relief. The arbitrator may award 
declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to 
provide relief necessitated by that party's individual Claim; any declaratory or injunctive relief must be individualized in 
nature and cannot affect other Account holders. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS 
AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR 
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE 
ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Unless both you and we agree otherwise, 
the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a 
representative or class proceeding. If a court decides that any part of this Agreement to Arbitrate (other than this 
prohibition of class or representative actions and/or consolidation) is invalid or unenforceable, the other parts of this 
Agreement to Arbitrate shall still apply. However, if a court decides that this paragraph's prohibition of class or 
representative actions and/or consolidation is invalid or unenforceable, then the entirety of this Agreement to Arbitrate 
shall be null and void. 

g. Availability of Small Claims Court and Access to Government Agencies. Notwithstanding the foregoing, we or 
you may bring an individual action in small claims court. This Agreement to Arbitrate does not preclude us or you 
from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek 
relief against us on your behalf. 

h. Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-
out notice. The written opt-out notice must state that you do not agree to this Agreement to Arbitrate and must be 
postmarked no later than 30 days after the date that you agree to the Account Agreement for the first time. The opt-
out notice must include your name, address, and Account number(s) to which the opt-out applies. You must sign the 
written opt-out notice for it to be effective. Mail the opt-out notice to: 

Bill Me Later, Inc. 
P.O. Box 5187 
Timonium, MD 21094 
ATTN: Arbitration Opt-Out 

This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to 
Arbitrate, all other parts of the Account Agreement will continue to apply to your Account. Opting out of this 
Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with 
us.  

i. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Account Agreement to the 
contrary, you and we agree that if we make any future change to this Agreement to Arbitrate (other than a change to 
any notice address, website link, or telephone number provided herein), that change shall not apply to any Claim of 
which we had written notice on the effective date of the change. Moreover, if we seek to terminate the Agreement to 
Arbitrate as included in the Account Agreement, any such termination shall not be effective until at least 30 days after 

 
 
 
 
 
 
 
written notice of such termination is provided to you, and shall not be effective as to Claims which arose prior to the 
date of termination.  

28. SEVERABILITY. Except as otherwise provided herein, if any provision of this Agreement is held to be invalid or 
unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this 
Agreement. 

29. BORROWER'S BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. 
Credit Card Purchases means Purchases and Cash Advances made with this Account. This notice is required by 
federal law. In this notice, "you" and "your" mean the Borrower. "We" and "our" mean the Lender. 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: 

Bill Me Later, P.O. Box 5018, Timonium, MD 21094. 

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 or email 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. 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 line. 

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: 

Bill Me Later, P.O. Box 5018, Timonium, MD 21094 

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. 

TCBML19.990813 

Pricing Addendum to the Bill Me Later Terms and Conditions 

Annual Percentage 
Rate (APR) for 
Standard, 
Promotional and 
Financed 
Installment 
Purchases 

Annual Percentage 
Rate (APR) for Cash 
Advances 

Paying Interest 

Minimum Interest 
Charge 
Annual Fees 

Installment 
Purchase 
Transaction Fee 

19.99%*, 18.99%* 

19.99%*, 18.99%* 

Your due date is at least 25 days after the close of each billing cycle. We will not charge any 
interest on Standard or Promotional Purchases (excluding Promotional Purchases subject to a 
Deferred Interest option) or Cash Advances if you pay the entire balance by the due date each 
month. We will charge interest on a Deferred Interest Purchase from its transaction date, 
unless you pay the Deferred Interest balance in full by its expiration date, which will be at least 
6 months after the transaction date. We will begin charging interest on Financed Installment 
Purchases on the transaction date.  

If I am charged interest, the charge will be no less than $2.00. 

None. 

2% of the total amount of each Installment Purchase** 

 
 
 
 
 
Penalty Fees  
Late Payment Fee 

If the minimum payment  
due is: 

The late fee is: 

Return Check 
Fee  

Less than $25.00 
$25.00 or greater 

Up to $25.00 

Up to $5.00 
Up to $35.00 

Balance 
Computation 
Method 

We will compute the interest for each part on the "Average Daily Balance" (including new 
Purchases and Cash Advances) for that part during the Billing Cycle. To get the Average Daily 
Balance for each part, we will take the beginning balance for each part each day and add any 
new Purchases, Cash Advances and adjustments posted that day, including billed interest and 
billed Fees; then subtract any payments and any credits. This gives us the "Daily Balance." 
Then, we add up all the Daily Balances for the Billing Cycle for that part and divide the total by 
the number of days in the Billing Cycle. The result is the Average Daily Balance for that part. 
We will treat any Daily Balance which is a credit balance as zero. 

*From time to time, Lender may offer Standard Purchases or Promotional Purchases with a lower rate that 
may apply for a limited time. 

**From time to time, Lender may waive the Installment Purchase Transaction Fee in connection with an 
Installment Purchase promotional offer.  

rev. 06/12