Your My World MasterCard® Credit Card account agreement.
820891016 (03/14)
This card is issued by Comenity Bank pursuant to a license from
The greater of:
MasterCard. MasterCard is a registered trademark of MasterCard
o
1% of the New Balance, excluding any new Regular Revolving or Cash
International Incorporated. This Agreement covers the Terms
Revolving Credit Plan Finance Charges shown on the Statement; or
and Conditions of your account with us. In this document, you
o
$5.00
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
will find important information about using and managing your
Charges shown on the Statement rounded up to the nearest $1.00.
account, including a Privacy Statement and information con-
See Minimum Payment in Section C below for promotional credit plan minimum
cerning your billing rights. Your use of the account, or failure
payment calculations.
to close the account within the 30 days of receiving this docu-
The APR information described below is accurate as of March 1, 2014. Due to a
ment, indicates your acceptance of the terms of this agreement,
change in the index, this information may have changed. To find out more, call
including the assessment of any interest charges and fees.
us at 1-888-275-2480 (TDD/TTY: 1-800-695-1788), or write us at Comenity
Section I of this Agreement also includes a Jury Trial Waiver and
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
comenity.net/myworldcard.
an Arbitration Provision in the event of a dispute.
A. Getting Started
You have a right to reject this Arbitration Provision.
Definitions
If you do not reject this Arbitration Provision, it will be part
In this Agreement, "We," "Us" and "Our" mean Comenity Bank. "You" and
of this Agreement and will:
"Your" mean each person who submits an application or solicitation for an Ac-
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Eliminate your right to a trial by jury; and
count with us. "Account' means your credit card account with us. "Card" means
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Substantially affect your rights, including your right to
each credit card we issue for your Account, as applicable. "Credit Plan" means
bring, join in or participate in class proceedings.
one or more payment program options My World may ask us to offer from time
Please read each section carefully and keep this document for
to time.
your records.
Upholding your Agreement
You agree to the terms of this Agreement, and promise to do everything
In the following sections, you will find information on:
required of you. If you sign or submit an application or solicitation to obtain
Financial terms of your account: An at-a-glance summary of the fees and charges
credit from us, you'l be legally bound by this Agreement. You're also legally
associated with your account
bound if you sign a charge slip, or permit someone else to use the credit
A. Getting started: the basics of your account
provided.
B.
Keeping your account in good standing avoiding default, and what to do if
You agree that the credit extended under your Account will be used only for
your card is lost or stolen, as applicable
personal, family or household purposes and not for business or commercial
C.
Learning more about your account: credit plans, and credit limits, and how
purpose.
payments are calculated and applied
If the Account is a joint Account, you and the joint Account holder will
D.
Interest, fees and charges: when and how fees and costs are applied to your
be bound by this Agreement. Each of you will be jointly and individually
account
responsible for repaying all amounts due. If more than one person is re-
E.
Other important information: legal rights, costs, and how we'll handle
sponsible for this Account, we will only provide billing statements and com-
changes to your account
munications to one of you.
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Any authorized user of your Account will be bound by the terms of this
and receive from, consumer reporting agencies, and what to do if you think
Agreement. One additional Card may be issued with the individual name of
there is an error on your periodic statement
an authorized user embossed on the Card. If you want to revoke the use of
G.
Optional products: how to protect your account from fraud or theft, and
your Account by an authorized user, either write us at the address, or call us
information on services that can help pay your debt in case of emergencies
at the phone number, shown on your Statement.
H.
Communicating with us: what happens when you contact us
You agree to pay for all transactions made on your Account by an authorized
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
user, whether or not such transactions were authorized by you or made for
a jury trial waiver and Arbitration provision
your benefit.
Privacy statement: how we collect, use, share, and protect your personal informa-
Card signature (as applicable)
tion; and the privacy choices you can make.
For your own protection, please sign your Card before using it. Keep in mind that
Financial terms of your account
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred on your Account.
Interest Rates and Interest Charges
Using your Account
Your Account may be used to make purchases from anywhere MasterCard is
Annual Percentage
24.99%
accepted.
Rate (APR) for
This APR will vary with the market
We reserve the right to not honor transactions related to, including, but not
Purchases
based on the Prime Rate.
limited to, gambling, ATM usage at casinos, and illegal activities.
You may obtain a loan from us under your Account by using your Card or
APR for Balance
24.99%
a convenience check as follows: by purchasing goods or services with your
Transfers and Cash
This APR will vary with the market
Card or your Account number; by obtaining a cash advance from a financial
Advances
based on the Prime Rate.
institution, by use of an ATM; by using a convenience check; or, by incurring
charges authorized by this Agreement.
Your due date is at least 23 days after
From time to time, in our sole discretion, we may send you convenience
the close of each billing cycle. We will
checks for use in borrowing under this Agreement. All convenience checks
not charge you interest on purchases
you use will be treated as cash advances under this Agreement, and subject
to the terms and fees that apply to cash advances, unless we advise you
Paying Interest
if you pay your entire balance by the
otherwise.
due date each month. We will begin
You agree that convenience checks that you use will not be returned to you.
charging interest on balance transfers
You may not use the convenience checks to make payments on any Co-
and cash advances on the transaction
menity Bank Account.
date.
You agree not to use a convenience check, and we do not have to pay any
convenience check:
Minimum Interest
If you are charged interest, the charge
o
if you are in default under this Agreement;
Charge
will be no less than $1.00 per credit
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if payment of that convenience check would cause your outstanding
plan
cash advance balance to exceed your cash advance limit: or
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if we cancel or suspend your right to use convenience checks
To learn more about factors to consider
From time to time, in our sole discretion, we may offer you the ability to
For Credit Card
Tips from the
when applying for or using a credit
transfer account balances from other credit card accounts you may have
Consumer Financial
card, visit the website of the Consumer
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
Protection Bureau
Financial Protection Bureau at http://
You may use the Card to obtain cash advances through certain ATMs. You
www.consumerfinance.gov/learnmore.
will be given a Personal Identification Number (PIN) which must be used in
order to obtain an ATM cash advance.
Fees
o
Some limitations on ATM cash advances may apply, such as limita-
tions on dollar amount, number, or currency denominations.
Annual Fee
None
o
You agree that any charges imposed by third parties for use of their
ATM facilities will be added to your Account balance as a cash ad-
Transaction Fees
vance.
Balance Transfer
The greater of $10 or 3% of
If you make a purchase or obtain a cash advance in a foreign currency,
the amount of the balance
it will be converted by MasterCard into U.S. dollars in accordance with
transfer.
MasterCard Operating Regulations in effect at the time the transaction is
Cash Advance
The greater of $10 or 3%
processed.
of the amount of the cash
o
The currency conversion rate in effect on the processing date may dif-
fer from the rate in effect on the transaction date or the posting date.
advance.
o
The currency conversion rate used may be the same as, greater than, or
Convenience Checks
The greater of $10 or
less than the amount that would be calculated by conversion through
3% of the amount of the
a financial institution in the country in which the purchase or cash
convenience check.
advance occurred.
Foreign Transaction
3% of each transaction in
Making payments
U.S. dollars.
Pay your Account by sending a check, money order, or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
Penalty Fees
specified for payments. Please don't send cash.
Late Payment
Up to $35.00
Be sure to include your payment stub, do not staple your payment to the
Returned Payment
Up to $35.00
stub, use the envelope provided with your Statement and don't send any
correspondence with your payment.
How We Will Calculate Your Balance: We use a method called
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
"daily balance." See your Account agreement for more details.
All written communications concerning disputed amounts, including any
Billing Rights: Information on your rights to dispute
check or other payment instrument marked with "payment in full" or similar
transactions and how to exercise those rights is provided in your
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Antonio, Texas 78247-5004.
account agreement.
o
We may accept a payment sent to any other address without losing any
of our rights.
Comenity Bank 1-888-275-2480 (TDD/TTY 1-800-695-1788)
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No payment shall operate as an accord and satisfaction without our
New York Residents: New York Residents may contact the New York state Depart-
prior written approval.
ment of Financial Services by telephone or visit its website for free information
B. Keeping your account in good standing
on comparative credit card rates, fees, and grace periods. New York Department
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
Avoiding default
You'll be in default under this Agreement if you:
Rate Information: The following chart provides details on your variable rate as of
Fail to make any payment when due
March 1, 2014. We divide the APR by 365 to determine the daily periodic rate.
Violate any provision of this Agreement
Pass away
Add to Index
APR
Daily Periodic Rate
Become the subject of bankruptcy or insolvency proceedings
Supply us with misleading, false, incomplete or incorrect information
Purchase APR
21.74%
24.99%
0.06846%
Are unable or unwilling to perform the terms or conditions of this Agreement
Balance Transfers
21.74%
24.99%
0.06846%
Fail to supply us with any information we deem necessary
and Cash Advances
Default under any other loan or agreement you have with us or any of our
affiliates
We'll charge you a minimum interest charge of $1.00 per credit plan for any
Become incompetent
billing period in which interest is due. For additional information, see Rates in
Exceed your Credit Limit
Section D.
Issue a payment returned unpaid by your bank for any reason
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
If we consider your Account in default, we may suspend your ability to make
ments for Regular Revolving and Promotional Credit Plan purchases plus any
charges, close your Account, require you to pay the full amount you owe im-
Past Due amounts. The total Minimum Payment Due on your account won't be
mediately or take any other action permitted by law. If applicable law requires
less than $25.00. If your Account balance is less than $25.00 you must pay the
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
amount indicated on your Statement in full. The Minimum Payment Due for each
your default.
Regular Revolving and Cash Revolving Credit Plans will be:
Reporting a lost or stolen card (as applicable)
We subtract any payments or credit adjustments (treating any net credit
If you notice the loss or theft of your credit card or a possible unauthorized use
balance as a zero balance) and add new transactions and debit adjustments
of your card, you should write to us immediately at PO Box 182273, Columbus
posted as of that day. This gives us the "Partial Daily Balance" for the day.
Ohio 43218-2273 or call us at 1-888-275-2480 (TDD/TTY: 1-800-695-1788).
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You will not be liable for any unauthorized use that occurs after you notify us.
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
You may, however, be liable for unauthorized use that occurs before your notice
the day's Partial Daily Balance.
to us. In any case, your liability will not exceed $50.
We've now determined the "Daily Balance," which will be the beginning
C. Learning more about your account
balance for the following day. This results in daily compounding of interest
Credit Plans
charges.
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
At the end of each billing period, we add together each Credit Plan's Daily
it Plan and one or more promotional Credit Plans. Credit Plans offered and
Interest Charge, which gives us the total interest charge.
Your Statement will show a Balance Subject to Interest Rate, which is the
their particular features (including but not limited to minimum purchase
requirements and minimum payment) may vary occasionally at our discre-
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
tion and include one or more Regular Revolving or promotional Credit Plans.
Rates
We may offer different promotional Credit Plans from time to time.
If a promotional Credit Plan is offered at the time you open your Account,
The Index in effect for each billing period will be the highest "Prime Rate'
this Agreement will include information about the terms for the Plan, by
of interest as published in the "Money Rates" section of The Wall Street
use of an insert, attachment, or other written information provided as part
Journal for the calendar month preceding the month in which the billing pe-
of this Agreement.
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
Normal late fees, returned payment fees and all other provisions apply to
Any variable APR may increase if the Index increases.
any promotional Credit Plan, unless inconsistent with a particular Credit
An increase or decrease in the APR will result in a corresponding increase
Plan offering.
or decrease in the amount of interest and may increase the Total Minimum
If the promotional Credit Plan purchase isn't paid in full before the promo-
Payment.
tional period ends, the balance will be transferred to your Regular Revolving
Other fees and charges
balance.
You agree to pay the following fees and charges:
Promotional Credit Plans may include:
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
o Waive Interest, Payment Required o Defer Interest, Payment Required
ment Due Date, we will charge you a late fee.
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
o The fee is $25.00 if you were not charged a late fee during any of the
o Waive Interest, Low Payment
o Low APR, Equal Payment
prior six billing periods.
o Defer Interest, Equal Payment
o Budget Payment
o
Otherwise, the fee is $35.00.
Skip-payment option
o
This fee will never exceed the minimum payment due that was due
At our discretion, we may allow you to skip making the Minimum Payment.
immediately prior to the date on which the fee was assessed.
Finance Charges will be assessed during the skip-payment period, but a late
Returned Payment Fee: We may charge you a fee for each payment that your
fee won't be imposed. This will not be considered a waiver of any of the
bank doesn't honor for any reason.
rights granted by this Agreement.
o
The fee is $25.00 if you were not charged a returned payment fee
All other terms of your Account apply during the skip-payment period.
during any of the prior six billing periods.
Credit limit
o
Otherwise, the fee is $35.00.
o
Your Credit Limit is the total maximum amount we permit you to owe us at
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed.
any time.
You may not exceed any Credit Limit that we set for your Account.
Although we may decide to do so, we aren't required to attempt to collect a
payment more than once.
If you do exceed your Credit Limit, we can still charge you for all transac-
tions, interest and other charges without giving up any of our rights under
Document Fees: If we provide you with a copy of any Statement, sales draft
this Agreement.
or similar document at your request (except in connection with billing error
We may change your Credit Limit at any time.
inquiries or resolution), we may charge the Account the following fee(s),
Account cancellation
subject to any limitations of applicable law:
o
Statement copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
o
Sales/Credit Draft copy $6.00
you owe us.
o
Check/Money Order copy $6.00
We may cancel your Account at any time, for any reason.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may refuse to authorize any transaction on your Account. We may also
ods that allow you to make individual, expedited payments to your Account
suspend your Account and your right to use your Card, including each Card
over the phone. If you choose to use this payment method, we may assess
you give to others.
the current fee we charge for this service, subject to any limitations of ap-
We may stop offering any Credit Plan at any time, for any reason.
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
Cancellation or suspension of your Account doesn't negate your obligation
you know the current fee before you authorize any payment(s), and you can
to pay any amount you owe us.
withdraw your request if you don't want to pay the fee.
Cancellation of your Account includes each Card you give to others.
Cash Advance Fee: For any cash advance obtained in person from a finan-
Cards are issued with an expiration date. We have the right not to renew
cial institution or through an ATM, you will pay a transaction fee equal to
your Account.
the greater of $10 or 3% of the amount of the cash advance. You take a
Minimum Payment
cash advance if you use a convenience check: get money through an auto-
You can pay all of your Account balance at any time without
mated teller machine (ATM); or get money through a financial institution.
penalty.
Convenience Check Fee: For any convenience check written against your
You must pay at least the Total Minimum Payment for each billing period by
Account, you will pay a transaction fee equal to the greater of $10 or 3% of
the Payment Due Date shown on your Statement.
the amount of the convenience check.
The Minimum Payment is the total of the minimum payments for the Regu-
Balance Transfer Fee: For any balance transfer from another account, you
lar Revolving and promotional Credit Plans plus any Past Due amounts.
will pay a transaction fee equal to the greater of $10 or 3% of the amount
The Total Minimum Payment won't be less than $25.00. If your Account
of the balance transfer.
balance is less than $25.00, you must pay the amount indicated on your
Foreign Transaction Fee: For any charge or cash advance outside the United
Statement in full.
States or in a foreign currency, you will pay a transaction fee equal to 3%
The minimum payment for each Credit Plan is calculated as follows:
of the U.S. dollar amount of the transaction. If a charge or cash advance
o
The minimum payment for the Waive Interest, Payment Required and
is converted into U.S. dollars our network providers (Visa, MasterCard, and
Defer Interest, Payment Required Credit Plans will be the greater of:
Discover) will select either (1) a rate from the range of rates available in
(a) $5.00 or
wholesale currency markets for the applicable central processing date,
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
which may vary from the rate the network provider itself receives, or (2) a
shown on your Statement for that Credit Plan.
government-mandated rate in effect for the applicable central processing
o
The minimum payment for the Waive Interest, Equal Payment and
date.
Defer Interest, Equal Payment Credit Plans will be the amount of the
Return Convenience Check Fee: For each convenience check written against
purchase divided by the number of months between the date of the
your Account which fails to clear and is returned unsatisfied, you will pay a
purchase and the promotional period end date (minimum $5.00)
fee of up to $35.
rounded up to the nearest $1.00.
Stop Payment Fee: For each convenience check written against your Ac-
o
The minimum payment for the Low APR, Equal Payment Credit Plan
count on which you request us to stop payment, you will pay a fee of up to
will be the amount of the purchase including the calculated interest
$35, regardless of whether we actually stop payment on the convenience
charges that will be assessed from the date of purchase through the
check.
end of the promotional period divided by the number of months be-
E. Other important information
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00.
Collection costs
o
The minimum payment for the Waive Interest, Low Payment and Defer
To the extent not prohibited by applicable law, you agree to pay the reasonable
Interest, Low Payment Credit Plans will be the greater of:
costs for collecting amounts due, including reasonable attorney's fees and court
(a) $5.00 or
costs incurred by us or another person or entity.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Changes
shown on your Statement for that Credit Plan.
We may add, change, or delete the terms of your Account. If required by appli-
Payment application
cable law, we will give you advance written notice of the change(s) and a right to
We reserve the right to apply payments equal to or less than the Total Mini-
reject the change(s).
mum Payment however we see fit, which may result in balances subject to
Security Interest
lower interest rates being paid prior to other balances. This may also result
You grant us a security interest in all goods you purchase through the use of the
in higher interest charges.
Account, now or at any time in the future and in all accessions to and proceeds of
Any payment you make in excess of the required Total Minimum Payment
such goods. We waive any security interest we may have in your principal dwell-
will be allocated to your Account as required by applicable law.
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Excess payments received before a deferred interest promotion expires are
Changes to your information
applied to the deferred interest promotional balance first in the last two
You agree to notify us immediately of any changes to your name, mailing address,
billing periods of the promotional period.
electronic mail address or telephone number(s).
D. Interest, fees and charges
Governing Law
Interest charges
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
There is no period in which you can pay back a cash advance, any other
PERMITTED OR REQUIRED BY APPLICABLE LAW.
transaction treated as a cash advance under this Agreement, or a balance
Transfer of Rights/Assignment
transfer to avoid incurring a Finance Charge. For a cash advance using a
convenience check, the date of the advance is the date the convenience
Your rights under this Agreement can't be transferred by you, by operation of law
check is presented to us or our agent for payment. For all other cash
ad-
or otherwise, but your obligations will be binding upon your estate or personal
vances, the date of the advance is the date you obtained the advance.
representatives. We may transfer or assign your Account and/or this Agreement,
If you make a purchase under a Regular Revolving Credit Plan, interest
or any of our rights under this Agreement, to another person or entity at any time
charges won't be imposed in any billing period in which (i) no Previous Bal-
without prior notice to you or your consent.
ance exists or (ii) payments received and credits issued by the Payment Due
No Waiver of Rights
Date, equal or exceed the Previous Balance.
We can delay enforcing our rights under this Agreement without losing them.
If the New Balance shown on your last Statement isn't paid in full by the
Severability
Payment Due Date shown on your last Statement, there will be an interest
If any provision of this Agreement is in conflict with applicable law, that provision
charge on each purchase from the date of purchase.
will be considered to be modified to conform with applicable law.
If you make a purchase under any Waive Interest Credit Plan, we won't
Notice to New Jersey Residents
charge interest on the purchase if you pay the total purchase amount be-
All provisions of this agreement are valid, enforceable and applicable in New
fore the end of the promotional period. If you don't pay the total purchase
Jersey.
amount before the end of the promotional period, we'll add the remaining
F. Disputes and Reporting to Consumer Reporting Agencies
amount to your Regular Revolving balance. We'll also begin charging inter-
Credit Reports
est on the purchase from the first day after the promotional period ends.
If you make a purchase under any Defer Interest Promotional Credit Plan
You give us permission to investigate your credit record.
and don't pay the total amount before the end of the promotional period,
You agree that a credit report may be requested in connection with the
we'll add the remaining purchase amount and the amount of accrued inter-
processing of your credit application. A report may also be requested in
est to your Regular Revolving balance.
connection with a credit extension, credit limit request, Account renewal or
If you make a purchase under a Low APR, Equal Payment Credit Plan,
update, Account collection action, or dispute investigation. Upon request,
interest will be assessed from the date of purchase through the end of the
we will tell you the name and address of any consumer reporting agency that
promotional period.
furnished a report on you. You consent to the obtaining of such reports by
How we calculate Interest Charges on your Account
signing or otherwise submitting an application or solicitation.
We calculate interest separately for each Credit Plan, using a "Daily Balance"
You understand that we may report negative information (such as, late pay-
to determine interest charges for each billing period. Our calculation method is
ments, missed payments, or other defaults) about your Account to con-
as follows:
sumer reporting agencies.
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees).
You give us permission to provide information about your Account to con-
3. You must not yet have fully paid for the purchase.
sumer reporting agencies and other creditors, as well as to the retailer
If all of the criteria above are met and you are still dissatisfied with the purchase,
whose name appears on your Card.
contact us in writing at:
Credit report disputes
Comenity Bank
If you believe the Account information we reported to a consumer reporting
PO Box 182782, Columbus, Ohio 43218-2782
agency is inaccurate, you may submit a direct dispute to Comenity Bank, PO Box
While we investigate, the same rules apply to the disputed amount as discussed
182789, Columbus, Ohio 43218-2789.
above. After we finish our investigation, we will tell you our decision. At that
Your written dispute must provide sufficient information to identify the Account
point, if we think you owe an amount and you do not pay, we may report you as
and specify why the information is inaccurate:
delinquent.
Account Information: Your name and Account number
G. Optional products
Contact Information: Your address and telephone number
Credit insurance (as applicable)
Disputed Information: Identify the Account information disputed and ex-
plain why you believe it is inaccurate
Purchasing credit insurance is optional. If you do choose to carry credit insur-
Supporting Documentation: If available, provide a copy of the section of
ance coverage, the premium charge will be added to your Account as a purchase
the credit report showing the Account information you are disputing
on the last day of each billing period. You can cancel your coverage at any time.
We will investigate the disputed information and report the results to you within
Account Assure Pro Debt cancellation (as applicable)
30 days of receipt of the information needed for our investigation. If we find that
Purchasing Account Assure Pro is optional.
the Account information we reported is inaccurate, we will promptly provide the
Your decision whether or not to purchase Account Assure Pro won't affect
necessary correction to each consumer reporting agency to which we reported
your application for credit or the terms of any existing credit agreement you
have with us.
the information.
Your Billing Rights: Keep This Document For Future Use
The monthly fee for Account Assure Pro is based on the outstanding month-
ly balance on your Account each month and will be added to your State-
This notice tells you about your rights and our responsibilities under the Fair
ment.
Credit Billing Act.
We'll provide additional information before you're required to pay for Ac-
What To Do If You Find A Mistake On Your Statement
count Assure Pro. This will include a copy of the terms and conditions
If
you think there is an error on your statement, write to us at: Comenity Bank,
pertaining to Account Assure Pro.
PO Box 182782, Columbus, Ohio 43218-2782
You can cancel your Account Assure Pro at any time.
In your letter, give us the following information:
There are eligibility requirements, conditions, and exclusions that could
Account information: Your name and account number.
prevent you from receiving benefits under Account Assure Pro.
Dollar amount: The dollar amount of the suspected error.
Be sure to carefully read the Addendum for a full explanation of the terms
Description of problem: If you think there is an error on your bill, describe
of Account Assure Pro.
what you believe is wrong and why you believe it is a mistake.
You must contact us:
H. Communicating with us
Within 60 days after the error appeared on your statement.
Communicating to you about your Account
At least 3 business days before an automated payment is scheduled, if you
If we need to contact you to service your Account or to collect amounts you owe
want to stop payment on the amount you think is wrong.
to us, you give direct consent to us, as well as servicers, agents, contractors and
You must notify us of any potential errors in writing. You may call us, but if you
collectors of your Account, to communicate with you in any way, such as calling,
do we are not required to investigate any potential errors and you may have to
texting, or electronic mail via:
pay the amount in question.
1)
a cell, landline, or text number you provide, use to contact us, or at which
What Will Happen After We Receive Your Letter
we believe we can reach you (even if it is not yours),
When we receive your letter, we must do two things:
2)
any electronic mail address you provide to us or one of our merchants,
1. Within 30 days of receiving your letter, we must tell you that we received your
3)
automated dialer systems and automatic telephone dialing systems,
letter. We will also tell you if we have already corrected the error.
4)
pre-recorded or artificial voice messages and other forms of communica-
2. Within 90 days of receiving your letter, we must either correct the error or
tions.
explain to you why we believe the bill is correct.
You also agree that these communications aren't unsolicited for purposes of any
While we investigate whether or not there has been an error:
state or federal law, and you understand that this may result in additional mobile,
We cannot try to collect the amount in question, or report you as delinquent
text message, or data charges.
on that amount.
Phone monitoring
The charge in question may remain on your statement, and we may continue
To provide you with high-quality service, phone communication with us is
to charge you interest on that amount.
monitored and/or recorded.
While you do not have to pay the amount in question, you are responsible
You agree that we monitor and/or record any phone calls between you and
for the remainder of your balance.
us.
We can apply any unpaid amount against your credit limit.
Please inform all authorized cardholders of this provision, including anyone
After we finish our investigation, one of two things will happen:
acting on your behalf or making payments on this Account.
If we made a mistake: You will not have to pay the amount in question or
For Wisconsin residents:
any interest or other fees related to that amount.
If you are married, please contact us immediately upon receipt of this Agreement
If we do not believe there was a mistake: You will have to pay the amount in
at 1-888-275-2480 (TDD/TTY 1-800-695-1788) and provide us with the name
question, along with applicable interest and fees. We will send you a state-
and address of your spouse. We are required to inform your spouse that we have
ment of the amount you owe and the date payment is due. We may then
opened a credit account for you.
report you as delinquent if you do not pay the amount we think you owe.
For bankruptcy notifications:
If you receive our explanation but still believe your bill is wrong, you must write
All bankruptcy notices and related correspondence to Comenity Bank should be
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
sent to the following address: Comenity Bank, Bankruptcy Department, PO Box
report you as delinquent without also reporting that you are questioning your bill.
182125, Columbus, Ohio 43218-2125.
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
I. Arbitration and jury trial waiver
between us.
A. Jury trial waiver
If we do not follow all of the rules above, you do not have to pay the first $50 of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
the amount you question even if your bill is correct.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
If you are dissatisfied with the goods or services that you have purchased with
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
your credit card, and you have tried in good faith to correct the problem with the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
merchant, you may have the right not to pay the remaining amount due on the
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
purchase.
B. Notice and cure
To use this right, all of the following must be true:
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising
1. The purchase must have been made in your home state or within 100 miles
out of or related to this Agreement (as further defined below, a "Claim"), the
of your current mailing address, and the purchase price must have been more
party asserting the Claim (the "Claimant") shall give the other party (the "Defen-
than $50. (Note: Neither of these are necessary if your purchase was based on
dant") written notice of the Claim (a "Claim Notice") and a reasonable opportu-
an advertisement we mailed to you, or if we own the company that sold you the
nity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall
goods or services.)
be sent in writing to the address we have in our records (or any updated address
2. You must have used your credit card for the purchase. Purchases made with
you subsequently provide to us). Any Claim Notice to us shall be sent by mail to
cash advances from an ATM or with a check that accesses your credit card ac-
count do not qualify.
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
address we subsequently provide). Any Claim Notice you send must provide your
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
name, address and Account number. Any Claim Notice must explain the nature
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
of the Claim and the relief that is demanded. You may only submit a Claim No-
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
tice on your own behalf and not on behalf of any other party. No third party, other
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
than a lawyer you have personally retained, may submit a Claim Notice on your
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
behalf. The Claimant must reasonably cooperate in providing any information
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
about the Claim that the other party reasonably requests.
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
C. Arbitration provision
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
OR MULTIPLE-PARTY ARBITRATION.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
must take place at a location reasonably convenient to you. We will pay any and
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
all fees of the Administrator and/or the arbitrator if applicable law requires us
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
to, if you prevail in the arbitration or if we must bear such fees in order for this
to apply, you may reject it by mailing us a written rejection notice which gives
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
the name of each Cardholder and contains a statement that you (both of you, if
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
more than one) reject the Arbitration Provision of this Agreement. The rejection
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
notice must be sent to us at Comenity Bank, PO Box 182422, Columbus, Ohio
fees if applicable law requires us to.
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
9. Governing Law: This Arbitration Provision involves interstate commerce and
if more than one) and if we receive it within thirty (30) calendar days after the
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
date we first provide you with a credit card agreement or written notice providing
not by any state arbitration law. The arbitrator must apply applicable substantive
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
law consistent with the FAA and applicable statutes of limitations and claims of
Provision will not affect any other provision of this Agreement or your ability to
privilege recognized at law. The arbitrator may award any remedy provided by the
obtain credit.
substantive law that would apply if the action were pending in court (including,
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and
without limitation, punitive damages, which shall be governed by the Constitu-
not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a) Co-
tional standards employed by the courts). At the timely request of either party,
menity Bank, any parent, subsidiary or affiliate of the Bank and the employees,
the arbitrator must provide a brief written explanation of the basis for the award.
officers and directors of such companies (the Parties"); and (b) any other
10. Right to Discovery: In addition to the parties' rights to obtain discovery
person or company that provides any services in connection with this Agreement
pursuant to the arbitration rules of the Administrator, either party may submit
if
you assert a Claim against such other person or company at the same time you
a written request to the arbitrator to expand the scope of discovery normally al-
assert a Claim against any Bank Party.
lowable under the arbitration rules of the Administrator. The arbitrator shall have
3. Covered Claims: "Claim" means any claim, dispute or controversy between
discretion to grant or deny that request.
you and us that in any way arises from or relates to this Agreement, the Account,
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
the issuance of any Card, any rewards program, any prior agreement or account.
award may be entered by any court having jurisdiction. The arbitrator's decision
"Claim" includes disputes arising from actions or omissions prior to the date
is final and binding, except for any right of appeal provided by the FAA. However,
any Card was issued to you, including the advertising related to, application for
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
or
approval of the Account. "Claim" has the broadest possible meaning, and
or declaratory relief that could foreseeably involve a cost or benefit to either party
includes initial claims, counterclaims, cross-claims and third-party claims. It
exceeding $50,000, any party can, within 30 days after the entry of the award
includes disputes based upon contract, tort, consumer rights, fraud and other
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
intentional torts, constitution, statute, regulation, ordinance, common law and
Administrator. The panel shall reconsider anew any aspect of the initial award
equity (including any claim for injunctive or declaratory relief). "Claim" does not
requested by the appealing party. The decision of the panel shall be by majority
include disputes about the validity, enforceability, coverage or scope of this Arbi-
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
tration Provision or any part thereof (including, without limitation, the prohibition
panel if an appeal of the arbitrator's decision has been taken. The costs of such
against class proceedings, private attorney general proceedings and/or multiple
an appeal will be borne in accordance with Paragraph C.8. above.
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
last sentence of Paragraph C.13 and/or this sentence); all such disputes are for
ment of all amounts owed under this Agreement, the closing of the Account, any
a court and not an arbitrator to decide. However, any dispute or argument that
legal proceeding and any bankruptcy to the extent consistent with applicable
concerns the validity or enforceability of the Agreement as a whole is for the
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
arbitrator, not a court, to decide.
tion Provision, on the one hand, and the applicable arbitration rules or the other
4. Starting an Arbitration: Arbitration may be elected by any party with respect
provisions of this Agreement, on the other hand, this Arbitration Provision shall
to any Claim, even if that party has already initiated a lawsuit with respect to a
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
different Claim. Arbitration is started by giving a written demand for arbitration
13. Severability: If any portion of this Arbitration Provision, other than the Class
to the other party. We will not demand to arbitrate an individual Claim that you
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
bring against us in small claims court or your state's equivalent court, if any. But
nevertheless remain in force. If a determination is made that the Class Action
if
that Claim is transferred, removed or appealed to a different court, we then
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
have the right to demand arbitration.
main in force and the remaining provisions shall be null and void, provided that
5. Choosing the Administrator: "Administrator" means the American Arbitration
the determination concerning the Class Action Waiver shall be subject to appeal.
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
14. Special Payment: If (1) you submit a Claim Notice in accordance with
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
jamsadr.com; or any other company selected by mutual agreement of the par-
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
subsequently determines that you were entitled to such relief (or greater relief),
to select an Administrator by mutual consent, the Administrator will be selected
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
by a court. The arbitrator will be appointed by the Administrator in accordance
you are entitled).
with the rules of the Administrator. However, the arbitrator must be a retired or
former judge or a lawyer with at least 10 years of experience. You get to select the
comenity
Comenity Bank, Wilmington, DE
Administrator if you give us written notice of your selection with your notice that
you are electing to arbitrate any Claim or within 20 days after we give you notice
26ALLC083013
that we are electing to arbitrate any Claim (or, if you dispute our right to require
820891016 (03/14)
arbitration of the Claim, within 20 days after that dispute is finally resolved).
If you do not select the Administrator on time, we may do it. Notwithstanding
any language in this Arbitration Provision to the contrary, no arbitration may be
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
Class Action Waiver.
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 21.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 23 days after the close of each billing cycle. We will not
charge you interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 3% of the amount of the cash advance.
Convenience Check
The greater of $10 or 3% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
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