Your Taylor Rental Credit Card account agreement.
344871015 (03/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default we may suspend your ability to make
about using and managing your account, including a Privacy
charges, close your Account require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. applicable law requires
use of the account, or failure to close the account within the
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
your
default
30 days of receiving this document, indicates your acceptance
Reporting a 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 a possible unauthorized
use
interest charges and fees.
your card, you should write to immediately at PO Box 183003 Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio -3003 or call us at 1-855-796-9633 (TDD/TTY:1-888-819-1918)
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may. however, be liable for unauthorized use that occurs before your notice to us.
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
o
Substantially affect your rights, including your right
Your Account may consist of non promotional "Regular Revolving" Credit
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 re-
Please read each section carefully and keep this document for
ements and minimum payment) may vary occasionally at our discretion
your records
and include more Regular Revolving or promotional Credit Plans.
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time.
Financial terms of your account: An at-a -glance summary of the fees and charges
promotional Credit Plan offered at the time you open your Account
associated
with
your
account
this Agreement will include information about the terms for the Plan, by use
A. Getting started the basics of your account
of an insert, attachment, or other written information provided as part of this
Agreement.
B. Keeping your account in good standing: avoiding default, and what to do if
your
card
lost
applicable
Normal late fees, returned payment fees and all other provisions apply to
C.
Learning more about your account: credit plans, and credit limits, and how
any promotional Credit Plan, unless inconsistent with a particular Credit
payments
Plan offering.
and
applied
D. Interest. fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn't paid in full before the promo-
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
changes
Promotiona Credit Plans may include:
your
F. Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest. Payment Required o Defer Interest, Payment Required
o Waive Interest Equal Payment
and receive from. consumer reporting agencies, and what to do if you think
o Defer Interest Low Payment
there error on your periodic statement
0 Waive Interest. Low Payment
o Low APR. Equal Payment
G. Optional products: how to protect your account from fraud or theft, and
o Defer Interest Equal Payment
o Budget Payment
Skip-payment option
information services that can help pay your debt case of emergencies
H.
Communicating with us: what happens when you contact us
At our discretion, we may allow you to skip making the Minimum Payment.
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
finance Charges will be assessed during the skip- period, but late
a
jury trial waiver and Arbitration provision
fee won't be imposed This will not be considered a waiver of any of the
Privacy statement how collect. use share, and protect your personal informa
rights
granted
by
this
tion; and the privacy choices you can make
All other terms of your Account apply during the skip-payment period.
Credit
limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
Interest Rates and Interest Charges
any time.
You may not exceed any Credit Limit that set for your Account
25.99%
you do exceed your Credit Limit, we can still charge you for all transac-
Annual Percentage
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
This APR will vary with the market based
this Agreement.
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account. You still obligated to pay the full amount
Your due date is at least 26 days after
you owe
How to Avoid
the close of each billing cycle. We will
We may cancel your Account at any time, for any reason.
Paying Interest
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account. We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
you give to others.
We stop offering any Credit Plan at any time for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation or 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
Financial
the Payment Due Date shown on your Statement.
Financial Protection Bureau at http://
Protection Bureau
The Minimum Payment is the total of payments for the Regu-
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 your Account
Fees
balance is 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
0 The minimum payments for Regular Revolving Credit Plans. Waive In-
Late Payment
terest Payment Required and Defer Interest, Payment Required Credit
Up to $35
Plans will the greater of
Returned Payment
Up to $35
(a) $5.00;
(b) 5% (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown on your Statement for that Credit Plan.
"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-
chase divided by the number of months between the date the pur-
and how to exercise those rights is provided in your account
chase and the promotional period end date (minimum $5.00) rounded
agreement.
up to the nearest $1.00.
0
The minimum payment for the Low APR. Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate of March 1,
will be the amount of the purchase including the
2014 We divide the APR by 365 to determine the daily periodic rate.
charges be assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
Add Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00
Purchase APR
22.74%
25.99%
0.07120%
o
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 information, see Rates in
(a) $5.00 or
Secti
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
on your Statement for that Credit Plan.
The amount you must pay each billing period (" Total Minimum Payment") is the
Payment application
total of minimum payments for Regular Revolving and promotional Credit Plan
We reserve the right to apply payments equal to or less than the Total Mini-
plus any Past Due amounts. The Total Minimum Payment won't be
mum Payment however we see fit. which may result in balances subject to
less than $25.00. If your Account balance than $25.00. you must pay
lower interest rates being paid prior to other balances This may also result
amount indicated on your billing statement "Statement" in full. The minimum
in higher interest charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment you make in excess of the required Total Minimum Payment
(a) $5.00; or
will be allocated to your Account as required by applicable law.
(b) 5% of the New Balance shown on your Statement for that
Excess payments received before deferred interest promotion expires
are
Credit Plan (rounded up to the nearest $1.00).
applied to the deferred interest promotional balance first in the last two bill-
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
payment
calculations
D. Interest, fees and charges
The APR information described below is accurate as of March 1. 2014. Due to
Interest charges
a
change
in
the
index,
this
information
may
have
changed.
To
find
out
more,
cal
us at 1-855-796-9633 (TDD/TTY: 1 1-888-819-1918), or write us at Comenity
If you make a purchase under a Regular Revolving Credit Plan, interest
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
charges won't be imposed in any billing period in which (i) no Previous Bal-
at creditcard taylorrental.com.
ance exists or (ii) payments received and credits issued by the Payment Due
Date. equal or exceed the Previous Balance.
A. Getting Started
If the New Balance shown on your last Statement isn't paid in ful by the
Definitions
Payment Due Date shown on your last Statement, there will be an interest
In this Agreement, "We, 'Us' and "Our" mean Comenity Capital Bank. "You'
charge on each purchase from the date of purchase.
and "Your" mean each person who submits an application or solicitation for an
If you make purchase under any Waive Interest Credit Plan. we won't
Account
with
us.
"Account"
means
your
credit
card
account
with
us.
"Card"
charge interest on the purchase you pay the total purchase amount be-
means
each
credit
card
we
issue
for
your
Account
as
applicable
"Credit
Plan'
fore the end of the promotional period. you don't pay the total purchase
means one or more payment program options Taylor Rental may ask us to offer
amount before the end of the promotional period, add the remaining
from time to time
amount to your Regular Revolving balance. We'll also begin charging inter-
Upholding your Agreement
est the purchase from the first day after the promotional period ends.
You agree to the terms of this Agreement, and promise to do everything
you make purchase under any Defer Interest Promotional Credit Plan
required of you If you sign or submit an solicitation obtain
and don't pay the total amount before the end of the promotional period,
credit from us, you'll be legally bound by this Agreement. You're also legally
we' add the remaining purchase amount and the amount of accrued inter-
bound you sign charge slip, or permit someone else to use the credit
est to your Regular Revolving balance.
provided
you make a purchase under Low APR, Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will be assessed from the date of purchase through the end of the
personal, family or household purposes and not for business or commercial
promotional period.
purpose.
How we calculate Interest Charges on your Account
If the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan using "Daily Balance" to
bound by this Agreement Each of you will jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
sible for repaying all amounts due. If more than one person responsible
follows:
for this Account, we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions one you.
unpaid harges and fees).
Any authorized user of your Account will be bound by the terms of this
We subtract any payments credit adjustments (treating any net credit
Agreement. One additiona Card may be issued with the individual of
balance zero balance) and add new transactions and debit adjustments
an authorized user embossed on the Card you want to revoke the use of
posted as that day. This gives "Partial Daily Balance' day.
your Account by an authorized user, either write us at the address. or call
We ther multiply the Partial Daily Balance for day by the Daily Periodic
at the phone number, shown on your Statement
Rate This gives us the "Daily Interest Charge" for the day, which we add to
You agree to pay for all transactions made on your Account by an authorized
the day's Partial Daily Balance
user. whether or not such transactions were authorized by you or made for
We've now determined the "Daily Balance which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
Card signature (as applicable)
charges.
For your own protection please sign your Card before using it. Keep in mind that
At the end of each billing period, we add together each Credit Plan's Daily
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Interest Charge which gives us the total interest charge
incurred on your Account.
Your Statement will show Balance Subject to Interest Rate. which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
Your Account may be used to make purchases from Taylor Rental and other
total number of days.
Rates
retailers we may etermine by notifying you via electronic mail,
statement essage, website posting, or other method
The Index in effect for each billing per od will be the highest "Prime Rate"
We reserve the right not honor related to including, but not
of interest as published in the "Money Rates' section of The Wall Street
limited to. gambling, ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month which the billing pe-
Making
riod begins, rounded upward necessary to the nearest .001 "Index"
Pay your Account by sending check, money order or cashier's check pay-
Any variable APR may increase the Index increases.
able in dollars to the name and address shown on your Statement
An increase or decrease in the APR will result in corresponding increase
specified for payments Please don' send cash.
or decrease in the amount of interest and may increase the Total Minimum
Payment.
Be sure to include your payment stub, do not staple your payment to the
stub. use the envelope provided with your Statement and don't send any
Other fees and charges
correspondence with your payment
You agree to pay the following fees and charges
If your payment doesn't meet these requirements it may not be credited to
Late Fee you don't pay least the Minimum Payment Due by the Pay-
your Account for up five days, or may be rejected
ment
Due
Date
large
you
late
fee.
All written concerning disputed amounts, including any
o
The fee $25.00 you were not charged a late fee during any of the
check other payment instrument marked with "payment in full" similar
prior six periods.
language, must sent to 6550 North Loop 1604 East, Suite 101, San
o
the fee $35 ,00
Antonio, Texas 78247-5004.
o
This fee will never exceed the minimum payment due that was due
o
We may accept payment sent to any other address without losing any
ediately prior to the date on which the fee assessed
of our rights
Returned Payment Fee We may charge you fee for each payment that your
No payment shall operate as an accord and satisfaction without our
bank
doesr
0
honor
for
any
reason
written
o
approval.
The fee is $25.00 if you were not charged returned payment fee dur-
B. Keeping your account in good standing
any of the prior six billing periods.
o
Avoiding default
Otherwise, the fee $35.00.
0
This fee will never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
immediately prior to the date on which the fee was assessed
Fail to make any payment when due
Although may decide to do so, we aren't required to attempt to collect a
Violate any provision of this Agreement
payment more than once.
Pass
away
Document Fees: we provide you with copy of any Statement sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing error
Supply us with misleading, false, incomplete or incorrect information
inquiries or resolution). we may charge the Account the following fee(s),
Are unable or unwilling to perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
Fail supply us with any information we deem necessary
o
Statement copy $6.00
Default under any other loan or agreement you have with us or any of our
o
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money Order copy - $6.
Become incompetent
Exceed your Credit Limit
Alternative Payment Method Fee: We may offer alternative payment meth-
ods that allow you make individual. expedited payments to your Account
Issue payment returned unpaid by your bank for any reason
over the phone. you choose use this payment method, we may assess
the current fee we charge for this service subject to limitations of ap-
plicable law. Currently, that fee up to $15.00 but may change. We'l let
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
For Wisconsin residents:
Collection costs
If you are married. please contact us immediately upon receipt of thi
To the extent not prohibited by applicable law. you agree to pay the reasonable
at 9633 (TDD/TTY 1-888 8) and provide us w
costs for collectin amounts due, including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse
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
o
cable law, we will give you advance written notice of the change(s) and right to
should be sent to the following address Comenity Capital Bank
reject the change(s)
Department, PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account
or
at
any
time
in
the
future
and
in
accessions
to
and
proceeds
of
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE AN
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF
ing, to the extent that would otherwise secure any obligation arising hereunder
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT
Changes
to
your
information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRI
You agree to notify mediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT T
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
Prior to bringing lawsuit or initiating an arbitration that asserts
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out of related to this Agreement (as further defined below.
MITTED OR REQUIRED BY APPLICABLE LAW.
the
party
asserting
the
Claim
(the
"Claimant"
shall
give
the
othe
Transfer of Rights/Assignment
"Defendant" written notice of the Claim (a "Claim Notice" and
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity, not less than 30 days, to resolve the Claim. Any Claim
or otherwise, but your obligations will be binding upon your estate or personal
shall be sent writing to the address we have our records (or
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement.
address you subsequently provide to us). Any Claim Notice
or 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 4
without
prior
notice
to
you
or
your
consent
(or any updated address subsequently provide). Any Claim Not
No
Waiver
of
Rights
must provide your name, address and Account number. Any Claim
We can delay enforcing our rights under this Agreement without losing them.
explain the nature of the Claim and the relief that demanded. Y
Severability
submit
Claim
Notice
on
your
own
behalf
not
on
behalf
of
any
No
third
any provision of this Agreement is conflict with applicable law, that provision
party,
other
than
lawyer
you
have
sonally
will be considered to be modified to conform with applicable law.
Claim
Notice
on
your
behalf
The
Claimant
must
reasonably
coopera
Notice to New Jersey Residents
ing any about the Claim that the other party reasonably
C. Arbitration provision
All provisions of this agreement are valid, enforceable and applicable in New
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO N
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRA
F. Disputes and Reporting to Consumer Reporting Agencies
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CL
You give us permission to investigate your credit record
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTU
agree that credit report may be requested in connection with
the
1. Your Right to Reject: If you don't want this Arbitration Provisi
processing of your credit application A report may also be requested
prior arbitration agreement between you and us ("Prior Arbitration A
connection
with
credit
extension,
credit
limit
request,
Account
renewal
or
to apply, you may reject by mailing us written rejection notice wh
update, Account collection action, or dispute investigation. Upon request
name of each Cardholder and contains statement that you (both of
we
will
tell
you
the
name
and
address
any
consumer
reportir
agency
that
than one) reject the Arbitration Provision of this Agreement. The reje
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
must be sent to at Comenity Capital Bank, PO Box 182422. Colu
signing
otherwis
an
application
or
solicita
43218-2422.
A
rejection
notice
only
effecti
is
signed
by
yo
You
understand
that
we
may
report
negative
mation
(such
as,
late
pay-
if more than one) and if we receive it within thirty (30) calendar da
ments, missed payments, or other defaults) about your Account to consumer
date
we
first
provide
you
with
credit
card
agreement
written
noti
reporting
agencies.
you right to reject this Arbitration Provision Your rejection of this
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or yo
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain
credit.
name appears on your Card.
2. Parties Subject to Arbitration: Solely as used in this Arbitrati
Credit report disputes
(and not elsewhere in this Agreement) the terms
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the B
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
employees,
officers
and
directors
of
such
companies
(the
"Bank
Pa
Box 182120, Columbus. Ohio 43218-2120.
(b) any other person or company that provides any services
Your written dispute must provide sufficient information
to
identify
the
Account
this
Agreement
you
assert
Claim
against
such
other
person
or
con
and specify why the information is inaccurate
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
controve
Contact Information: Your address and telephone number
you us any way arises from relates to this Agreement,
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement
plain
why
you
believe
is
"Claim" includes disputes arising from actions or omissions prior
Support
ting
vailable
provide
copy
of
the
section
of
the
any
Card
issued
to
you,
including
the
advertising
related
to,
ap
credit report showing the Account information you are disputing
approval of the Account "Claim" has the broadest possible m
We
will
estigate
the
disputed
information
and
report
the
results
you
within
includes initial claims, counterclaims cross-claims and third- part
30 days receipt of the information needed for our investigation. If we find that
includes
disputes
based
upon
contract
tort,
consumer
rights,
frau
the Account information we reported is inaccurate, we promptly provide the
intentional
torts,
constitution,
statute.
regulation,
ordinance.
comr
necessary correction to each consumer reporting agency to which we reported
equity any claim for declarat relief).
the information.
include
disputes
about
validity,
enforceal
bility,
cover
or
scope
Your Billing Rights: Keep This Document For Future Use
tration Provision or any part thereof (including, without limitation, th
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and
Credit Billing Act.
party proceedings described in Paragraph (the "Class Action
What Do If You Find Mistake On Your Statement
last sentence Paragraph 13 and/or this sentence) all such dis
If
court
and
not
arbitrator
to
decide.
you
think
error
on
your
statement
write
to
us
at:
Comenity
Capital
a
an
However,
dispute
or
ar
Bank, PO Box 182620. Columbus, Ohio 43218 -2620
concerns the validity or enforceability of the Agreement as a who
In your letter, give us the following information:
itrator,
not
court
to
decide.
Account informat Your name and account number
4. Starting an Arbitration: Arbitration may be elected by any party
Dollar
amount:
The
dollar
amount
of
the
to
suspected
any
Claim,
even
that
party
has
already
initiated
lawsuit
with
error.
Description of em: If you think there an error on your bill, describe
different Claim. Arbitration started by giving written demand fo
to
what you wrong and why you believe it mistake.
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
Cla
You
must
contact
bring against us in small claims court or your state's equivalent court
Within 60 days after the error appeared on your statement
if that Claim is transferred. removed or appealed to different CO
least business days before an automated payment is scheduled, if
have the right to demand arbitration.
you
want stop payment on the amount you think wrong.
5. Choosing the Administrator: "Administrator" means the America
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
do we not required to investigate any potential errors and you may have to pay
adr.org;
JAMS,
620
Eighth
Avenue,
34th
F
loor.
New
York,
NY
1
the
amount
in
question
jamsadi
or
any
other
company
by
What Will Happen After We Receive Your Letter
ties.
AAA
and
JAMS
cannot
or
will
not
serve
and
the
partie
When we receive your letter, we must two things:
to
select
an
by
mutua
the
Administrator
will
Within 30 days receiving your letter. must tell you that we received your
by court. The arbitrator will be appointed by the Administrator in
the
letter.
We
will
rules
of
the
However,
also
tell
the
you
we
have
already
corrected
the
with
error.
arbitrator
must
be
2. Within 90 days of receiving your letter. we must either correct the error
former judge or with at least 10 years of experience. You get
or
explain
to
you
why
we
believe
the
bill
correct
Administrator
if
written
notice
your
selection
with
you
While we investigate whether or not there has been an error:
you are electing to arbitrate any Claim within 20 days after we giv
We cannot try to collect the amount in question or report you as delinquent
that
we
are
electing
to
arbitrate
any
Claim
(or,
if
you
dispute
our
rig
on that amount
arbitration the Claim, within 20 days after that dispute final
If
you
do
The charge question may remain on your statement, and we may continue
not
select
the
Administrator
on
time
we
may
do
it.
Notv
to
charge
you
interest
on
that
amount
any language in this Arbitration Provision the contrary, arbitra
While you not pay the amount in question, you are responsible for
administered, without the consent of all parties the arbitration, by
the
remainder
of
balance
istrator that has place a formal or informal policy that is inconsist
We 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 Rig
made mistakes You not have pay the amount in question or any
OR WE ELECT ARBITRATE CLAIM. YOU WILL NOT HAVE TH
interest other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CL
If do not believe there was mistake: You will have to pay the amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIM
question,
along
with
applicable
interest
and
fees.
We
will
send
you
state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU W
ment of the amount you and the date payment due. We may then
IF YOU WENT TO COURT MAY ALSO NOT BE VAILABLE ARBIT
report
you
as
delinquent
if
you
do
not
pay
the
amount
we
think
you
owe
7. Prohibition Against Certain edings: IF YOU OR WE ELEC
TRATE
If you receive our explanation but still believe your bill wrong, you must
CLAIM:
NEITHER
YOU
NOR
WE
MAY
PARTICIPATE
to
within
10
days
telling
us
that
you
refuse
ACTION IN COURT OR IN LASS-WIDE ARBITRATION, EITHER
to
pay.
If
you
do
cannot
A
report you as delinquent without also reporting that you are questioning your bill.
TIFF. DEFENDANT OR LASS MEMBER: (2) NEITHER YOU NOR W
We
must
tell
you
the
name
of
anyone
to
whom
reported
delinquent,
AS
PRIVATE
ATTORNEY
GENERAL
IN
COURT
OR
IN
ARBITR
we
you
as
must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED O
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PE
If we 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
the
if
your
bill
correct
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL AR
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR ARBITRATION.
you
are
with
the
goods
or
services
that
you
have
purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that
your credit card and you have tried good faith to correct the problem with the
must take place reasonably convenient to you. We will
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
purchase.
to, you prevail the arbitration or we must bear such fees in
o
To use this right, all of the following must be true:
Arbitration Provision be enforced. If you demand an arbitration
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
your reasonable attorneys' and experts' fees you prevail we mu
of your current mailing address. and the purchase price must have been more
fees in order for this Arbitration Provision to be enforced Also, we
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
was
based
on
fees
if
applicable
law
requires
us
an advertisement we mailed to you, or we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate con
services.)
governed by the Federal Arbitration Act. §§ 1-16 (the
not
You must have used your credit card for the purchase. Purchases made with
by
any
state
law.
The
arbitrato
must
apply
applicab
cash
ATM
law
with
the
FAA
and
advances
from
with
check
that
credit
applicable
statutes
of
limitations
an
or
accesses
card
ac-
an
a
your
count
not
qualify
privilege recognized at law. The arbitrator may award any remedy pro
3. You must yet have fully paid for the purchase
substantive
law
that
would
apply
the
action
were
pending
in
all of the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages, which shall be governed by
contact writing at
tional
standards
employed
by
the
courts).
At
the
timely
request
of
Comenity Capital Bank
the arbitrator provide a brief written explanation of the basis fo
PO Box 182620, Columbus, Ohio 43218-2620
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
to
obtai
While we investigate, the same rules apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator either party
above. After we finish our investigation, we will tell you our decision. At that
written request to the arbitrator to expand the scope of
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 arbitrato
discretion
delinquent.
grant
deny
that
request
11. Arbitration Result and Right of Appeal: Judgment upon
the
G. Optional products
award may be entered by any court having jurisdiction. The arbitrato
Credit insurance (as applicable)
is
final
and
binding,
except
for
any
right
appeal
provided
by
the
FA
Purchasing
credit
insurance
is
optional
If
you
do
choose
to
carry
credit
insurance
the amount of the Claim exceeds $50,000 or involves request fo
coverage, the premium charge will be added to your Account as purchase on
or declaratory relief that could foreseeably involve cost or benefit to
the last day of each period. You can cancel your coverage at any time
exceeding
$50,000
any
party
can,
within
30
days
after
the
entry
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to three -arbitrator panel admin
Purchasing Account Assure is optional.
Administrator.
The
panel
shall
anew
any
aspect
of
the
Your decision whether or not to purchase Account Assure won't affect your
requested
by
the
party.
The
decisio
of
the
panel
shal
be
application for credit or the terms of any existing credit agreement you have
vote. this Arbitration Provision to 'the arbitrator' sha
with
us.
panel
an
appeal
of
the
arbitrator's
decision
has
been
taken.
The
c
The monthly fee for Account Assure is based on the outstanding monthly
appeal will accordance with Paragraph above
balance
your
Account
each
month
and
will
be
added
to
your
Statement.
12. Rules of Interpretation: This Arbitration Provision shall
We'll provide additional information before you're required to pay for Ac
all amounts under this Agreement, the closing of the
count Assure This will include copy of the terms and conditions pertain-
legal
proceeding
and
any
bankruptcy
to
the
extent
consistent
with
ing
to
Account
Assure.
bankruptcy law. In the event of conflict or inconsistency between
You can cancel your Account Assure at any time.
tion
Provision
on
the
one
hand.
and
the
applicable
arbitration
There are eligibility requirements. conditions, and exclusions
that
could
pre-
provisions of this Agreement on the other hand, this Arbitration Pr
vent you from receiving benefits under Account Assure
govern.
This
Arbitration
Provision
replaces
any
Prior
Arbitration
Agr
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: any portion of this Arbitration Provision. other tha
of Account Assure.
Action
Waiver,
deemed
invalid
or
unenforceable,
the
remaining
p
H. Communicating with us
nevertheless remain in force. If determination is made that the
Waiver is unenforceable only this sentence of the Arbitration Agre
Communicating to you about your Account
main in force and the remaining provisions shall be null and void, pi
If we need to contact you to service your Account or to collect amounts you owe
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to
us,
you
give
direct
consent
to
us.
as
well
as
servicers
agents,
contractors
and
14. Special Payment: If (1) you submit a Claim Notice acco
collectors of your Account to communicate with you in any way, such as calling,
Paragraph
B
above
on
own
behalf
(and
not
behalf
any
texting
or
electronic
mail
(2)
we
refuse
provide
you
with
the
relief
you
request;
1)
cell, landline text number you provide use to contact us, or at which
sequently
etermines
that
you
entitled
such
relief
(or
gre
we believe can reach you (even is not yours).
the arbitrator shall award you at least ,100 (plus any fees and COS
2)
any electronic mail address you provide to one of our merchants,
you are entitled).
3)
automated dialer systems and automatic ephone dialing systems,
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
3448710
state or federal law. and understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 22.74%.
(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 26 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