Your HBP Homeowner Finance Credit account agreement.
HARCCA0414
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 pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
use of the account, or failure to close the account within the
us to do so, we'll tel you in advance and/or give you the opportunity to remedy
your
default
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card. you should write to immediately at PO Box 183003. Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 or call at 1-855-408-1660 (TDD/TTY: 1-888-819-1918).
an Arbitration Provision in the event of dispute.
You will not be liable for any unauthorized use that occurs after 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.
If you do not reject this Arbitration Provision, it will be part
any case, your liability will not exceed $50
of this Agreement and will:
C. Learning more about your account
o
Eliminate your right to a trial by jury; and
Credit Plans
0 Substantially affect your rights, including your right to
Your Account may consist of non-promotional ("Regular Revolving" Credit
bring, join in or participate in class proceedings.
Plan and one more promotional Credit Plans. Credit Plans offered and
Please read each section carefully and keep this document for
their particular features (including but not limited to minimum purchase re-
rements 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 the Plan. by use
A. Getting started: the basics of your account
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
Plan offering.
payments and applied
D. Interest, fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn' paid in full before the promo-
account
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
Promotional Credit Plans include:
changes to your account
0 Waive Interest Payment Required
o Defer Interest Payment Required
F. Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest Equal Payment
o Defer Interest Low Payment
receive from, consumer reporting agencies. and what to do if you think
Waive Interest, Low Payment
o
there error on your periodic statement
Low APR. Equal Payment
Defer Interest, Equal Payment
o Budget Payment
G. Optional products: how to protect your account from fraud or theft, and
Skip-payment option
information services that can help pay your debt in case of emergencies
At our discretion, we may allow you to skip making the Minimum Payment
H. Communicating with us: what happens when you contact us
Finance Charges will be assessed durir the skip payment period. but late
I.
Arbitration and jury trial waiver: how we'l reso ve disagreements,
inc
jury trial waiver and Arbitration provision
uding
fee won't be imposed This will not be considered waiver of any of the
rights granted by this Agreement
Privacy statement: how we collect use share, and protect your personal informa-
All other terms of your Account apply during the skip payment period.
and the privacy you can make.
Credit limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any
time.
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account.
you do exceed your Credit Limit. we can still charge you for all transac-
Annual Percentage
26.99%
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
this
Agreement
Purchases
This APR will vary with the market based
We may change your Credit Limit at any time.
on the Prime Rate
Account cancellation
Your due date is at least 25 days after
You may cancel your Account You re still obligated to pay the full amount
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.
Minimum Interest
We may stop offering any Credit Plan at any time, for any reason.
If you are charged interest, the charge
Charge
Cancellation or suspension of your Account doesn' negate your bligation to
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
Card Tips from
You can pay all of your Account balance at any time without
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
Financial Protection Bureau at http://
the Payment Due Date shown on your Statement.
Protection Bureau
www.consumerfinance.gov/learnmore
The Minimum Payment is the total of the payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
Fees
The Total Minimum Payment won't be less than $25.00 If your Account
Annual Fee
None
Statement in
balance less than $25.00, you must pay the amount indicated on your
The minimum payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Late Payment
Up to $35.00
terest. Required and Defer Interest, Payment Required Credit
Returned Payment
Up to $35.00
Plans will be the greater of:
(a) $5.00;
How We Will Calculate Your Balance: We use a method called
(b) 3.5% (rounded up to the nearest $1 1.00) of the New Balance
"daily balance. See your Account agreement for more details.
shown on your Statement for that Credit Plan.
o
The payment for the Waive Interest Equal Payment and
De-
Billing Rights: Information on your rights to dispute transactions
fer Interest. Equal yment Credit Plans will be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase and the promotional period end date (minimum $5.00) rounded
the nearest $1.00.
o
Rate Information The following chart provides details on your rate as of April 1,
The minimum payment for the Low APR, Equal Payment Credit Plan
2014. We divide the APR by 365 to determine the daily periodic rate
will be the amount of the purchase including the calculated interest
charges that will be assessed from the date of purchase through the
Add Index
APR
Daily Periodic Rate
end of the promotional period divided by the number of months be-
tween the date the purchase and the promotional period end date
Purchase APR
23.74%
26.99%
0.07394%
(minimum $5.00) rounded to the nearest $1.00
0
The minimum payment for the Waive Interest. Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates in
(a) $5.00
Section D.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment application
The amount you must pay each billing period ("Total Minimum Payment" is the
We reserve the right to apply payments equal to or less than the Total Mini-
total
minimum
payments
for
Regular
Revolving
and
promotional
Credit
Plan
mum Payment however fit. which may result in balance subject to
purchases plus any Past Due amounts. The Total Minimum won't be
than
lower interest rates being paid prior to other balances This may also result
less
$25.00
If
your
Account
balance
is
less
than
$25.00
in
you
must
higher
interest
amount indicated on your billing statement ("Statement in full. The minimum
pay
the
charges.
Any payment you make in excess of the required Total Minimum Payment
payment due for each Regular Revolving Credit Plan will be the greater of:
will be allocated to your Account as required by applica
$5.00
or
Excess payments received before deferred interest promotion expires are
(b) 3.5% of the New Balance shown on your Statement for that
applied to the deferred interest motional balance first in the last two bill-
Credit Plan (rounded up the nearest $1.00).
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
D. Interest. fees and charges
payment
calculations
The APR information described below is accurate as of April 1. 2014. Due to
Interest charges
change in the index this information may have To find out more, call
If you make a purchase under a Regular Revolving Credit Plan, interest
us 1-855-408-1660 (TDD/TTY: 1-888-819-1918), write us at Comenity
charges won't be imposed in any billing period in which Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
at
comenity.net/harveybuilding
Date,
equal
exceed
the
Previous
Balance
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Definitions
Payment Due Date shown on your last Statement, there will be an interest
charge on each purchase from the date of purchase
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You"
If you make purchase under any Waive Interest Credit Plan won't
and "Your" mean each person who submits an application olicitation for
an
charge interest on the purchase you pay the total purchase amount be-
Account with us "Account" means your credit account with us "Card" means
fore the end the promotional period you don't pay the total purchase
each credit card we issue for your Account as applicable. 'Credit Plan" means
amount before the end of the promotional period, we'll add the remaining
one or more payment program options Harvey Building Products may ask us to
amount to your Regular Revolving balance We'll also begin charging inter-
offer from time to time.
est the purchase from the first day after the promotional period ends.
Upholding your Agreement
If make purchase under any Defer Interest Promot Credit Plan
You agree to the terms of this Agreement, and promise to do everything
and don't pay the total amount before the end of the promotional period,
required of you. sign submit an application or solicitation to obtain
we'l add the remaining purchase amount and the amount of accrued inter-
credit from us, you'll be legally bound by this Agreement You also legally
est
to
your
Regular
Revolv
bound you sign charge slip, or permit someone else to use the credit
If you make purchase under Low APR. Equal Payment Credit Plan,
provid
interest be from the date of purchase through the end of the
You agree that the credit extended under your Account will be used only for
promotional period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using 'Daily Balance" to
If the Account is joint Account, you and the joint Account holder will be
determine interest charges for each billing period. Our calculation method is as
bound by this Agreement. Each of you will be jointly and individually respon-
follows:
sible for repaying all amounts due. If more than one person is responsible
We start with the beginning balance on your Account each day (including
for this Account. we will only provide billing statements and communica-
unpaid interest charges and fees).
tions
one
of
you.
We subtract any payments or credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance as balance) and add new transactions and debit adjustments
Agreement.
One
additional
Card
may
be
issued
with
the
individual
name
posted as of that day. This gives us the "Partial Daily Balance for the day.
an authorized user embossed on the Card you want to revoke the
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your Account by an authorized user. either write us at the address or call us
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
at the phone number, shown on your Statement.
the day's Partial Daily Balance
You agree to pay for all made on your Account by an authorized
We've now determined the "Daily Balance. which will be the beginning
user, whether or not such transactions were authorized by you or made for
balance for the following day. This results in daily compounding of interest
your
benefit.
charges.
Card signature (as applicable)
At the end of each billing period, we add together each Credit Plan's Daily
For your own protection, please sign your Card before using it Keep in mind that
Interest Charge, which gives the total interest charge
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Your Statement will show Balance Subject to Interest Rate, which is the
incurred your Account.
sum the Daily Balances for each day in the billing period divided by the
Using your Account
total number of days.
Your Account may be used to make purchases from Harvey Building Prod-
Rates
ucts and other retailers we may determine ccasionally by notifying you
The Index in effect for each billing period will be the highest "Prime Rate"
electronic mail, statement website posting, other method.
of interest as published in the "Money Rates" section The Wall Street
We reserve the right to not honor transactions related to. including, but
not
Journal for the calendar month preceding the month which the billing pe-
limited to, gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward if necessary to the nearest .001% ("Index"
Making payments
Any variable APR may increase if the Index creases.
Pay your Account by sending check. money order. or cashier's check pay-
An increase or decrease in the APR will result corresponding increase
able U.S. to the name and address shown on your Statement
or decrease in the amount of interest and may increase the Total Minimum
specified for payments. Please don't send cash.
Payment
Be sure to include your payment stub, not staple your payment to the
Other fees and charges
stub, use the envelope provided with your Statement and don't send any
You agree to pay the following fees and charges
corr
spondence
with
your
payment
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn't meet these requirements, it may not be credited to
ment Due Date, will charge you late fee.
your Account for up to five days, or may be rejected
0
The fee $25.00 you were not charged late fee during any of the
All written communications concerning disputed amounts, including
prior six billing periods.
check other payment instrument marked with payment in full" or similar
any
o
Otherwise the fee $35. ,00
language, must sent to 6550 North Loop 1604 East, Suite 101, San
o
This fee wil never exceed the minimum payment due that was due
Antonio, Texas 78247-5004.
ediately prior to the date on which the fee was assessed
o We may accept payment sent to any other address without losing any
bank doesn honor for any reason
Returned Payment Fee We charge you fee for each payment that your
of our rights.
o
No payment shall operate as an accord and satisfaction without our
o
The fee $25.00 if you were not charged returned payment fee dur-
prior written approval
of the prior six billing periods.
B. Keeping your account in good standing
o
Otherwise, the fee $35.00.
o
Avoiding default
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
Fail to make any payment when
Although we may decide to do so, we aren't required to attempt to collect a
payment more than once
Violate any provision of this Agreement
Pass
Document Fees we provide you with copy of any Statement. sales draft
away
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing
Supply us with misleading, false, incomplete or incorrect information
inquiries or resolution). we may charge the Account the following fee(s),
subject to any limitations of applicable law:
Are unable or unwilling to perform the terms or conditions of this Agreement
o
Statement copy $6.00
Fail supply with any information we deem necessary
o
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
o
Check/Money Order copy $6.00
affiliates
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
Exceed your Credit Limit
ods that allow you to make individual. expedited payments to your Account
Issue payment returned unpaid by your bank for any reason
over the phone you choose to this payment method we may
the
current
fee
we
charge
for
this
service.
subject
to
any
limitations
of
ap-
plicable law. Currently, that fee is up to $15.00 but may change We'll
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
For Wisconsin residents:
Collection costs
If you are married please contact us immediately upon receipt of this Agreemen
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-855-408-166 (TDD/TTY and provide us with the name
costs for collecting amounts due including reasonable attorney' fees and court
and address of your spouse. We are required to inform your spouse that we have
costs incurred by us or another person or entity.
opened credit account for you.
Changes
For bankruptcy notifications
We may add, change, or delete the terms of your Account If required by appli-
All bankruptcy notices and related correspondence to Comenity Capital Bank
cable law. will give you advance written notice of the change(s) and a right to
should be sent to the following address Comenity Capital Bank, Bankruptcy
reject
the
change(s).
Department PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
A. Jury trial I waiver
Account. now or at any time in the future and in accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
such goods. We waive any security interest we may have in your principal dwell-
TRIAL
BY
JURY
IN
THE
EVENT
OF
A
LAWSUIT
ARISING
OUT
OF
OR
RELATED
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
You agree to notify immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
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
claim
aris
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out of or related to this Agreement (as further defined below, "Claim"
MITT ED OR BY APPLICABLE LAW.
the party asserting the Claim (the "Claimant shall give the other party (the
Transfer of Rights/Assignment
'Defendant'
written
notice
of
the
Claim
(a
"Claim
Notice
and
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 Notice you
or
otherwise
but
your
obligations
will
be
binding
upon
your
estate
or
shall
be
sent
in
writing
to
the
address
we
have
in
our
records
(or
any
representatives. We may transfer or assign your Account and/or this Agreement,
address you subsequently provide us). Any Claim Notice to us shall be sent
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
43218-2436
without prior notice to you or your consent.
(or any updated address we subsequently provide). Any Claim Notice
No Waiver of Rights
must
provide
your
name,
address
and
Account
number.
Any
Claim
Notice
mus
We can delay enforcing our rights under this Agreement without losing them.
explain the nature of the Claim and the relief that is demanded You may only
Severability
submit
a
Claim
Notice
on
you
behalf
not
on
behalf
of
any
other
party
If any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer you have ersonally may submit
will be considered to modified to conform with applicable law.
Claim Notice on you behalf The Claiman must reasonal cooperate in provid
Notice to New Jersey Residents
ing any about the Claim that the other party reasonably requests.
All provisions of this agreement are valid, enforceable and applicable in New
C. Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE SUBSTAN
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate you credit record
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
You agree that credit report may be requested in connection with the
1. Your Right to Reject: If you don't want this Arbitration Provision (and an
processing of your credit application. A report may also be requested
in
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitration
Agreement"
connection with credit extension, credit limit request, renewal or
to apply, you may reject it by mailing us written rejection notice which gives the
update
Account
collection
action,
or
dispute
investigation.
Upon
request,
name
each
Cardholder
and
contains
statement
that
you
(both
of
you,
more
we will tell you the name and address of any consumer reporti agency that
than one) reject the Arbitration Provision of this Agreen The rejection notice
furnished
report
on
you.
You
to
the
obtaining
of
such
reports
by
must be sent to at Comenity Capital Bank, PO Box 182422 Columbus. Ohio
signing or otherwise submitting application or solicitation
43218-2422. rejection notice only effective signed by (all you
You nderstand that we may report negative information (such as late pay-
if more than one) and if we receive it within thirty (30) calendar days after the
ments. missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement or written notice providing
reporting agencies
you right to reject this Arbitration Provision Your rejection of this Arbitration
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability t
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain credit.
name appears on your Card.
2.
Parties
Subject
to
Arbitration:
Solely
as
used
in
this
Arbitration
Provision
Credit report disputes
(and not elsewhere this Agreement) the terms and mean (a
If believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
employees, officers and directors of such companies (the "Bank Parties and
Box 182120 Columbus, Ohio 43218-2120
(b)
any
other
person
company
that
provides
any
services
in
connection
with
Your written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or company at the
and specify why the nation
same
time
assert
Claim
against
any
Bank
Party.
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim, dispute or controversy between
Contact Information: Your address and telephone number
you and any way arises from relates to this Agreement, the Account
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program any prior agreement account
plain why you believe it inaccurate
includes disputes arising from actions or omissions prior to the date
Supporting Documentation: If available provide copy of the section of the
any
Card
was
issued
to
you,
including
the
advertising
related
to,
application
fo
credit report showing the Account information you are disputing
or approval of the Account. "Claim" has the broadest possible meaning, and
We
will
investigate
the
disputed
and
report
the
results
to
you
within
includes
initial
claims,
counterclaims
-claims
and
third
party
claims
30 days receipt of the information needed for our investigation If we find that
includes disputes based upon contract, tort. consumer rights, fraud and othe
the
Account
information
we
reported
is
inaccurate
we
will
promptly
provide
the
intentional
torts,
constitution
statute.
regulation,
ordinance,
common
an
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive or declaratory relief) "Claim" does
the information.
include disputes about the validity, enforceability coverage or scope
Your Billing Rights: Keep This Document For Future Use
tration Provision or any part thereof (including without limitation, the prohibition
This notice tells you about your rights and our responsibilities under the Fair
against
class
proceedings.
private
attorney
proceedings
and/or
multiple
Billing
Act
party proceedings described Paragraph C.7 (the "Class Action Waiver") th
What To Do If You Find A Mistake On Your Statement
last
sentence
Paragraph
and/or
this
all
such
disputes
are
If you think there error on your statement, write to us at: Comenity Capital
a court and not an arbitrator to decide However, any dispute or argument tha
Bank, PO Box 182620, Columbus Ohio 43218-2620
the validity enforceability of the Agreement as whole is for th
In your letter, give us the following information
arbitrator.
court
to
decide.
Account information: Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with respec
Dollar amount: The dollar amount of the suspected error
to
any
Claim,
even
if
that
party
has
already
initiated
lawsuit
with
respect
to
Description of problem: If you think there is an error on your bill, describe
different Claim Arbitrati started by giving written demand for arbitration
what you believe is wrong and why you believe it mistake.
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
Claim
that
you
You must contact
bring against us smal claims court or your state's equivalent court, any. Bu
Within 60 days after the error appeared on your statement
if that Claim is transferred removed or appealed to different court, we the
At least business days before an payment is scheduled, if you
have the right demand arbitration
want
stop
on
the
amount
you
think
is
wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitration
You notify us any potential errors writing. You may call us, but if you
Association ("AAA"), 1633 Broadway 10th Floor. New York, NY 10019
do we not required to investigate any potential errors and you may have to pay
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor.
New
York,
NY
10018
www
the
amount
in
question
or any other company selected by mutual agreement of the par
What Will Happen After We Receive Your Letter
ties and JAMS cannot or will not serve and the parties are unabl
When we receive your letter, we must do two things:
to Administrator by mutua consent, the Administrator will selected
1. Within 30 days of receiving your letter. we must tell you that we received your
by court. The arbitrator will be appointed by the Administrator accordance
letter. We will also tell you we have already corrected the error
with
the
rules
of
the
Administrator
However
the
arbitrator
must
be
retired
2. Within 90 days of receiving your letter. we must either correct the error or
former judge or lawyer with at least 10 years of experience. get to select th
explain to you why we believe the bill is correct
Administrator
if
you
give
written
notice
your
selection
with
your
notice
tha
While we investigate whether or not there has been an error:
you are electing to arbitrate any Claim within 20 days after we give you notice
We cannot try to collect the amount in question or report you as delinquent
that
we
are
electing
arbitrate
any
Claim
(or
you
dispute
our
right
to
require
on that amount
arbitration of the Claim, within 20 days after that dispute is finally resolved)
The charge in question may remain on your statement, and we may continue
If you do not select the Administrator on time, we may do it Notwithstandin
to
charge
you
interest
on
that
amount
any language in this Arbitration Provision to the contrary no arbitration may b
While you do not have pay the amount in question, you are responsible for
administered
without
the
consent
of
all
parties
to
the
arbitration
by
any
Admin
the
remainder
your
balance
istrator that has in place a formal or informal policy that is inconsistent with th
apply any unpaid amount against your credit limit.
Class Action Waiver
After we finish our investigation one of two things happen
6. Court and Trials Prohibited: Other Limitations on Legal Rights: IF YOU
If we made mistake: You will not have to pay the amount in question or any
OR
WE
ELECT
TO
ARBITRATE
A
CLAIM.
YOU
WILL
NOT
HAVE
THE
RIGHT
TO
interest or other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. ALSO
If we do not believe there was mistakes You will have to pay the amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN A
question.
along
with
applicable
interest
and
fees.
We
will
send
you
state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVI
ment of the amount you owe and the date payment is due. We may then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION
report you as delinquent if you do not pay the amount we think you owe.
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
WE
ELECT
TO
ARBI
If you receive our explanation but still believe your bill is wrong, you must write
TRATE CLAIM (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
to
within
10
days
telling
us
that
you
still
refuse
to
pay
If
you
do
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS PLAIN
report you as delinquent also reporting that you are questioning your bill
TIFF. DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY AC
We must tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION (3
and we must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOL
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AND
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 CONDUC
the amount you even your bill is correct
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE ARBITRATION
If you are dissatisfied with the goods or services that you have purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that you atten
your
credit
card.
and
you
have
tried
in
good
faith
to
correct
the
problem
the
must take place a location reasonably convenient to you. We will pay any and
merchant, you may have the right not to pay the remaining amount due on the
fees of the Administrator and/or the arbitrator if applicable law requires
purchase
to,
if
you
prevail
in
the
arbitration
or
if
we
must
bear
such
fees
in
order
for
thi
To use this right, all of the following must be true:
Arbitration Provision to be enforced If you demand an we will pa
1. The purchase must have been made in your home state or within 100 miles
your
reasonable
attorneys
and
experts'
fees
you
prevail
or
we
must
bear
of current mailing address, and the purchase price must been more
fees in order for this Arbitration Provision to be enforced Also, we will bear an
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
based
on
fees applicable law requires us to
an advertisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce an
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA") an
You must have used your credit card for the purchase. Purchases made with
not by any state arbitration law. The arbitrato must apply applicable substantiv
cash advances from an ATM or with a check that accesses your credit card ac-
consistent
with
the
FAA
and
applicable
statutes
of
limitations
and
claims
count not qualify
privilege at law. The arbitrator may award any remedy provided by th
3. must yet have fully paid for the purchase.
substantiv law that would apply the action were pending in court including
If all of the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages, which shall be governed by the Constitu
contact us writing at:
tional standards employed by the courts) At the timely request of either party
Comenity Capital Bank
the
arbitrator
must
provide
a
written
explanation
of
the
basis
for
the
award
PO Box 182620, Columbus, Ohio 43218-2620
10. Right to Discovery In addition to the parties rights to obtain
While
we
investigate,
the
same
rules
apply
to
the
disputed
amount
as
discussed
pursuant
to
the
arbitration
rules
of
the
Administrator
either
party
may
subm
above. After we finish our investigation, tell you our decision. At that
a written request to the arbitrator to expand the scope of discovery normally
point, we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules the Administrator The arbitrator shall hav
delinquent
grant deny that request.
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator'
award may be entered by any court having jurisdiction The arbitrator's decision
Credit insurance (as applicable)
is
final
and
binding
except
for
any
right
of
appeal
provided
by
the
FAA.
However
Purchasing credit insurance is optional If you do choose to carry credit insurance
if the amount of the Claim exceeds 000 or involves request for injunctiv
coverage,
the
premium
charge
will
be
added
to
your
Account
as
purchase
on
or
declaratory
that
could
eeably
involve
cost
or
benefit
to
either
the last day of each billing period. You can cancel your coverage at any time.
xceeding $50,000 any party can. within 30 days after the entry of the
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to panel th
Purchasing Account Assure is optional
Administrator. The panel shall reconsider anew any aspect of the initial awar
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by majorit
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean th
with us.
panel if an appeal of the arbitrator's decision has been taken. The costs of suc
The monthly fee for Account Assure is based on the outstanding monthly
an appeal will borne in accordance with Paragraph above
balance your Account each month and will be added Statement.
12. Rules of Interpretation: This Provision shall survive the
repay
We' provide additional information before you're required to pay for Ac-
all
owed
under
this
Agreement.
the
closing
of
the
Account.
an
count Assure. This will include copy of the terms and conditions pertain-
legal proceeding and any bankruptcy to the extent consistent with applicabl
ing
Account
Assure
bankruptcy
law
the
event
of
conflict
inconsistency
between
this
Arbitra
You can cancel your Account Assure at any time.
tion Provision on the hand, and the applicable arbitration rules the othe
There are eligibility requirements conditions, and exclusions that could
pre-
provisions
of
this
Agreement,
on
the
other
hand
this
Arbitration
Provision
sha
vent you from receiving benefits under Account Assure
govern. This Arbitration Provision replaces any Prio Arbitration
Be sure to carefully read the Addendum for full explanation of the terms
13 Severability: any portion of this Arbitration Provision other than the
of
Account
Assure
Action Waiver, invalid or unenforceable the portions sha
H. Communicating with us
nevertheless remain in force. a determination is made that the Class Actio
Communicating to you about your Account
Waiver is unenforceable only this sentence of the Arbitration Agreement
main in force and the remaining provisions shall be null and void, provided tha
If we need to contact you to service your Account or to collect amounts you owe
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to us you give consent to us, as well as servicers, agents, cont ractors and
14. Special Payment: If (1) you submit Claim Notice in accordance
collectors your Account. to communicate with you in any way, such as calling,
Paragraph
B
above
on
your
own
behalf
(and
not
on
behalf
of
any
other
texting, or electronic mail
party
(2) we refuse to provide you with the relief you request: and (3) arbitrato
1)
a cell, landline number you provide, use to contact us, or at which
subsequently
determines
that
you
were
entitled
such
relief
(or
greater
relief)
we believe we can reach you (even if it is not yours),
the arbitrator shall award you at least $5, 100 (plus any fees and costs to whic
2)
any electronic mail address you provide to us or one of our merchants,
you are entitled)
automated dialer systems and automatic telephone 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
HARCCA041
state or federal law. and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method