Your Gardner White Furniture Credit Card account agreement.
832941017 (05/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about
using
and
managing
your
account,
including
Privacy
If you notice the loss theft of your credit card or a possible unauthorized use
a
Statement and information concerning your billing rights. Your
of your card, you should write to us immediately at PO Box 183003, Columbus,
Ohio 18-3003 call at 1-866-327-4367 (TDD/TT TY: 1-888-819-1918).
use
of
the
account,
or
failure
to
close
the
account
within
the
You will not be liable for any unauthorized use that occurs after notify us. You
30 days of receiving this document, indicates your acceptance
may, however, be liable for unauthorized use that occurs before your notice to us.
of the terms of this agreement, including the assessment of any
In any case, your liability will not exceed $50.
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of a dispute.
Your Account may consist of non-promotional ("Regular Revolving") Credit
You have a right to reject this Arbitration Provision.
Plan and one or more promotional Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particular features (including but not limited to minimum purchase re-
of this Agreement and will:
irements and minimum payment) may occasionally at our discretion
Eliminate your right to a trial by jury; and
and include one more Regular Revolving or promotional Credit Plans.
o
We may offer different promotional Credit Plans from time to time.
o
Substantially affect your rights, including your right to
promotional Credit Plan is offered at the time you open your Account
bring, join in or participate in class proceedings.
this Agreement will include information about the terms for the Plan, by use
Please read each section carefully and keep this document for
of an insert. attachment, or other written information provided as part of this
your records.
Agreement.
In the following sections, you will find information on:
Normal late fees, returned payment fees and all other provisions apply to
any promotional Credit Plan, unless inconsistent with a particular Credit
Financial terms of your account: An -glance summary of the fees and charges
Plan offering.
associated with your account
If the promotional Credit Plan purchase isn't paid in full before the promo-
A. Getting started: the basics of your account
tional period ends, the balance will be transferred to your Regular Revolving
B. Keeping your account in good standing: avoiding default, and what to do if
balance.
your card lost or stolen, applicable
Promotional Credit Plans may include:
C. Learning more about your account credit plans, and credit limits, and how
o Waive Interest, Payment Required
o Defer Interest, Payment Required
o Waive Interest. Equal Payment
payments are calculated and applied
o Defer Interest Low Payment
o Waive Interest Low Payment
D. Interest, fees and charges: when and how fees and costs are applied to your
Low APR, Equal Payment
o Defer Interest Equal Payment
o Budget Payment
account
Skip-payment option
E
Other important information: legal rights, costs, and how we'll handle
At our discretion, we may allow you to skip making the Minimum Payment.
changes your account
Interest Charges will be assessed during the kip-payment period, late
F.
Disputes and reporting to consumer reporting agencies: data we provide,
fee won't be imposed This will not be considered a waiver of any of the
and receive from, consumer reporting agencies, and what to do if you think
rights granted by this Agreement.
there an error on your periodic statement
All other terms of your Account apply during the skip payment period.
G. Optional products how to protect your account from fraud or theft, and
Credit limit
information on services that can help pay your debt in case of emergencies
Your Credit Limit is the total maximum amount we permit you to owe us at
H.
Communicating with us what happens when you contact us
any time.
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
You may not exceed any Credit Limit that we set for your Account.
If you exceed your Credit Limit, we can charge you for all transac-
a jury trial waiver and Arbitration provision
tions, interest and other charges without giving up any of our rights under
Privacy statement how we collect, use, share, and protect your personal informa-
this Agreement.
tion; and the privacy choices you can make
We may change your Credit Limit at any time.
Financial terms of your account
Account cancellation
You may cancel your Account. You're still obligated to pay the full amount
Interest Rates and Interest Charges
you
owe
We may cancel your Account at any time. for any reason
Annual Percentage
28.99%
We may refuse to authorize any purchase on your Account. We may also
Rate (APR) for
suspend your Account and your right to use your Card, including each Card
Purchases
you
give
to
others.
We may stop offering any Credit Plan at any time, for any reason.
Paying Interest
We will begin charging interest on
Cancellation or suspension of your Account doesn't negate your obligation to
purchases on the transaction date.
pay any amount you owe us.
Cancellation of your Account includes each Card you give to others.
Minimum Interest
If you are charged interest, the charge
Minimum Payment
Charge
will be no less than $2.00 per credit
You can pay all of your Account balance at any time without
plan
penalty.
You must pay at least the Total Minimum Payment for each billing period by
For Credit
To learn more about factors to consider
the Payment Due Date shown on your Statement.
Card Tips from
when applying for or using a credit
The Minimum Payment is the total of the minimum payments for the Regu-
the Consumer
card, visit the website of the Consumer
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Financial
Financial Protection Bureau at http://
The Total Payment won't be less than $25 00. your Account
Protection Bureau
www.consumerfinance.gov/learnmore
balance is less than $25.00, you must pay the amount indicated on your
tement
full.
The minim payment for each Credit Plan is calculated as follows:
Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
Annual Fee
None
terest. Payment Required and Defer Interest, Payment Required Credit
Plans will be the greater of:
Penalty Fees
(a) $5.00; or
Late Payment
Up to $35
(b) 4% (rounded to the nearest $1.00) of the New Balance shown
on your Statement for that Credit Plan
Returned Payment
Up to $35
o
The minimum payment for the Waive Interest, Equal Payment and De-
How We Will Calculate Your Balance: We use a method called
fer Interest. Equal Payment Credit Plans will be the amount of the pur-
chase divided by the number of months between the date of the
"daily balance.' See your Account agreement for more details.
chase and the promoti ional period end date (minimum $5.00) rounded
Billing Rights: Information on your rights to dispute transactions
up to the nearest $1.00.
and how to exercise those rights is provided in your account
0
The minimum payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
agreement.
charges that will be assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
Rate Information: The following chart provides details on your rate as of June 1,
tween the date of the purchase and the promotional period end date
2014. We divide the APR by 365 to determine the daily periodic rate.
(minimum rounded up to the nearest $1.00
APR
o
Daily Periodic Rate
The minimum payment for the Waive Interest, Low Payment and Defer
Interest Low Payment Credit Plans will be the greater of:
Purchase APR
28.99%
0.07942%
(a) $5.00
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
We'll charge you minimum interest charge of $2.00 per credit plan for any bill-
shown on your Statement for that Credit Plan.
ing period which interest is due.
Payment application
Minimum Payment:
We reserve the right to apply payments equal to or less than the Total Mini-
The amount must pay each billing period ("Total Minimum Payment") is the
mum Payment however we see fit, which may result in balances subject to
total of minimum payments for Regular Revolving and promotional Credit Plan
lower interest rates being paid prior to other balances. This may also result
purchases
plus
any
Past
Due
amounts.
The
Total
Minimum
Payment
won't
be
in higher interest charges.
than $25.00 If your Account balance less than $25.00, you must pay the
Any payment you make in excess of the required Total Minimum Payment
amount indicated on your billing statement ("Statement in full. The minimum
will be allocated to your Account as required by applicable law.
payment due for each Regular Revolving Credit Plan will be the greater of:
Excess payments received before deferred interest promotion expires are
(a) $5.00:
applied the deferred interest promotional balance first in the last two bill-
(b) 4% of the New Balance shown on your Statement for that
ing periods of the promotional period.
Credit
Plan
(rounded
to
the
nearest
$1
.00).
D. Interest, fees and charges
See Minimum Payment in Section C below for promotional credit plan minimum
payment
calculations
Interest charges
The APR information described below is accurate as of June 1 2014. To find out
We will begin to charge Interest charges on new purchases made under a
more, call 1-866-327-4367 (TDD/TTY: 1-888-819-1918) or write
Regular
Revolving
Credit
Plan
from
the
date
of
purchase.
If
the
New
Bal-
Comenity Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit
ance shown on your last Statement isn't paid in full by the Payment Due
our website at comenity.net/gardner-white
Date shown on your last Statement. there will be an Interest Charge on each
A. Getting Started
purchase from the date of purchase
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
In this Agreement, "We. 'Us" and "Our" mean Comenity Capital Bank "You"
charge on each purchase from the date of purchase
and "Your" mean each person who submits an application or solicitation for an
If you make purchase under any Waive Interest Credit Plan, we won't
Account with "Account" means your credit card account with us. "Card"
charge interest on the purchase if you pay the total purchase amount be-
means each credit card we issue for your Account applicable. "Credit Plan"
fore the end of the promotional period. you don't pay the total purchase
means one or more payment program options Gardner White Furniture may ask
amount before the end of the promotional period, we'l add the remaining
us to offer from time to time.
amount your Regular Revolving balance. We'll also begin chargir inter-
Upholding your Agreement
est on the purchase from the first day after the promotional period ends
.
You agree to the terms of this Agreement, and promise to do everything
you make purchase under any Defer Interest Promotic Credit Plan
required of you. you sign submit an app ication solicitation to obtain
and don't pay the total amount before the end of the promotiona period,
credit from us. you'l be legally bound by this Agreement. You're also legally
add the purchase amount and the amount of accrued inter-
bound you sign charge slip, or permit someone else to use the credit
est to your Regular Revolving balance.
provided
If you make a purchase under Low APR. Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will assessed from the date of purchase through the end of the
personal, family or household purposes and not for business or commercial
promotional period.
purpose.
How we calculate Interest Charges on your Account
If the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan, using 'Daily Balance" to
bound by this Agreement. Each of you will be jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
sible for repaying all amounts due. If more than one person is responsible
follows:
for this Account, we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions to one you.
unpaid
interest
charges
and
fees).
Any authorized user of your Account will be bound by the terms of this
We subtract any payments or credit adjustments (treating any net credit
Agreement. One additional Card may be issued with the individual name of
balance as zero balance) and add new transactions and debit adjustments
an authorized user embossed on the Card. you want to revoke the use
posted as that day. This gives us the "Partial Daily Balance" for the day.
your Account by an authorized user, either write us the address, or call us
We then multiply the Partial Daily Balance for the day by the Daily Periodic
at the phone number. shown on your Statement
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
You agree to pay for all transactions made on your Account by an authorized
the
day's
Partial
Daily
Balance
user. whether or not such transactions were authorized by you or made for
We' now determined the "Daily Balance, which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
Card signature (as applicable)
charges
For your own protection please sign your Card before using it. Keep in mind that
At the end of each billing period, we add together each Credit Plan's Daily
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Interest Charge, which gives us the total interest charge.
incurred on your Account.
Your Statement will show Balance Subject to Interest Rate, which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
Your Account may be used to make purchases from Gardner Wh Furniture
total number of days.
and other retailers we may determine occasionally by notifying you via elec-
Other fees and charges
tronic mail, statement message website posting, other method
You agree to pay the following fees and charges:
We reserve the right to not honor transactions related to, including, but
not
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
limited to gambling, ATM usage at casinos, and illegal activities.
ment Due Date we will charge you late fee.
Making payments
0
The fee $25.00 you were not charged late fee during any of the
Pay your Account by sending check, money order, or cashier check pay-
prior billing periods.
able in U.S. dollars, to the name and address shown on your Statement
o
Otherwise.
the
fee
$35.00.
specified for payments. Please don't send cash.
o
This fee will never exceed the minimum payment due that was due
Be sure to include your payment stub, do not staple your payment to the
immediately prior to the date on which the fee was assessed
stub. use the envelope provided with your Statement and don't send any
Returned Payment Fee: We may charge you fee for each payment that your
correspondence
with
your
payment.
bank doesn't honor for any reason.
If your payment doesn' meet these requirements it may not be credited to
o
The fee $25.00 if you were not charged a returned payment fee dur-
your Account for up to five days or may be rejected
ing any of the prior six billing periods.
All written conce rning disputed amounts including any
o
Otherwise, the fee $35.00.
check other payment rument marked with payment in full' similar
o
This fee will never exceed the minimum payment due that was due
language, must be sent 6550 North Loop 1604 East, Suite 101, San
immediately prior to the date on which the fee was
Antonio, Texas 78247-5004.
Although we may decide to do so, we aren't required to attempt to collect a
o
We may accept payment sent to any other address without losing any
payment
more
than
once
rights.
Document Fees: we provide you with copy of any Statement, sales draft
o
No payment shall operate as an accord and satisfaction without our
or similar document at your request (except in connection with billing error
prior written approval.
inquiries or we may charge the Account the following fee(s),
B. Keeping your account in good standing
subject to any limitations of applicable law:
o
Statement copy $6.00
Avoiding default
o
Sales/Credit Draft copy $6 00
You'll be in default under this Agreement if you:
o
Check/Money Order copy $6.00
Fail make any payn when due
Alternative Payment Method Fee: We may offer alternative payment meth-
Violate any provision of this Agreement
ods that allow you to make individual. expedited payments to your Account
Pass
away
over the phone. you choose to use this payment method, we may assess
Become the subject of bankruptcy or insolvency proceedings
the current fee we charge for this service subject to any limitations of ap-
Supply us with misleading, false. incomplete or incorrect information
plicable law. Currently, that fee up $15.00 but may change. We'll let
Are unable or unwilling to perform the terms or conditions of this Agreement
you know the current fee before you authorize any payment(s), and you can
Fail supply us with any information we deem necessary
withdraw your request if you don't want to pay the fee.
Default under any other loan or agreement you have with us or any of our
affiliates
E. Other important information
Become incompetent
Collection costs
Exceed your Credit Limit
To the extent not prohibited by applicable law. you agree to pay the reasonable
Issue payment returned unpaid by your bank for any reason
costs for collecting amounts due including reasonable attorney's fees and court
If we consider your Account in default. we may suspend your ability to make
costs incurred by us or another person or entity.
charges, close your Account. require you to pay the full amount you im-
Changes
mediately or take any other action permitted by law. If applicable law requires
We may add, change, or delete the terms of your Account If required by appli-
to do so, we tell you in advance and/or give you the opportunity to remedy
cable law, we will give you advance written notice of the change(s) and right to
your default.
reject the change(s).
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
Account,
now
time
in
all
A. Jury trial waiver
any
the
future
and
in
accessions
and
proceeds
of
such goods. We waive any security interest we may have in your principal dwell-
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
ing, to the extent that would otherwise secure any obligation arising hereunder.
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR RELATED
Changes to your information
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
You agree to notify us 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).
Governing Law
IS GIVEN KNOWINGLY. WILLINGLY AND VOLUNTARILY.
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
Prior to bringing lawsuit or initiating an arbitration that asserts claim aris-
MITTED OR REQUIRED BY APPLICABLE LAW.
ing out of or related to this Agreement (as further defined below, "Claim"
the
party
asserting
the
Claim
(the
Transfer of Rights/Assignment
shall
give
the
other
party
(the
"Defendant") written notice of the Claim (a "Claim Notice" and
Your rights under this Agreement can' be transferred by you, by operation of law
or otherwise, but your obligations will be binding upon your estate or personal
opportunity not less than 30 days, to resolve the Claim. Any Claim Notice to you
shall be sent writing to the address we have our records (or any updated
representatives
We
may
transfer
or
assign
your
Account
and/or
this
Agreement
or any of our rights under this Agreement, to another person or entity at any time
address subsequently provide us). Any Claim Notice to shall be sent by
mail Comenity Capital Bank, PO Box 182436 Columbus, Ohio 43218-2436
without prior notice to you or your consent.
No Waiver of Rights
(or any updated address we subsequently provide). Any Claim Notice you
must
provide
your
name,
address
and
Account
number.
Any
Claim
Notice
We 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
Claim
Notice
on
your
own
behalf
and
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 personally retained may submit
will be considered to be modified to conform with applicable law.
Claim Notice on your behalf The Claimant must reasonably cooperate in provid-
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably requests.
All provisions of this agreement are valid, enforceable and applicable in New
C.
Arbitration
provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
Credit Reports
LOW, T WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
You agree that credit report may be requeste in with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
processing of your credit application. A report may also be requested in
any
with credit extension, credit limit request, Account renewal or
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
update, Account collection action, dispute investigation Upon request,
to apply, you may reject by mailing us written rejection notice which gives the
will tell you the name and address of any consumer reporting agency that
name of each Cardholder and contains statement that you (both of you, if more
furnished a report on you. You consent to the obtaining of such reports by
than one) reject the Arbitration Provision of this Agreement. The rejection notice
signing or otherwise submitting an application solicitation
must be sent to us at Comenity Capital Bank, PO Box 182422 Columbus. Ohio
You
understand
that
we
may
report
negative
43218-2422. A rejection notice is only effective if is signed by you (all of you,
information
(such
as,
late
pay-
if more than one) and if we receive within thirty (30) calendar days after the
ments, missed payments, or other defaults) about your Account to consumer
reporting agencies.
date we first provide you with credit card or written notice providing
you right to reject this Arbitration Provision. Your rejection of this Arbitration
You give us permission to provide information about your Account to con-
sumer reporting agencies and other creditors, as well as to the retailer whose
Provision will not affect any other provision of this Agreement or your ability to
obtain credit.
name appears on your Card.
Credit report disputes
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
(and not elsewhere in this Agreement) the terms "we. "us" and "our'
If you believe the Account information we reported to a consumer reporting agen-
Comenity
Capital
Bank
any
parent,
subsidiary
or
affiliate
of
the
Bank
and
the
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 or company that provides any services in connection with
Your written dispute must provide sufficient information to
identify
the
Account
and specify why the information is inaccurate:
this Agreement you assert Claim against such other person or company at the
same time you assert Claim against any Bank Party.
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim, dispute or controversy between
Contact Information: Your address and telephone number
you
and
us
that
any
way
arises
from
relates
to
this
Agreement,
the
Disputed Information: Identify the Account information disputed and
Account,
ex-
the issuance of any Card, any rewards program, any prior or account
plain why you believe inaccurate
"Claim" disputes arising from actions or omissions prior to the date
Supporting Documentation: If available, provide copy of the section of the
any was issued to you, including the advertising related application for
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 information and report the results to you within
30
days
of
includes initial claims, counterclaims, cross-claims and third party claims.
receipt
of
the
needed
for
our
If
we
find
that
includes disputes based upon contract tort, consumer rights, fraud and other
the Account information we reported is inaccurate, we will promptly provide the
intentional
torts,
constitution
statute,
regulation
ordinance
common
law
and
ecessary correction to each consumer reporting agency to which we reported
the information
equity (including any claim for injunctive declaratory relief). "Claim" does
include disputes about the validity, enforceability coverage or scope of this Arbi-
Your Billing Rights: Keep This Document For Future Use
tration Provision any part thereof (including, without limitation, the prohibition
This notice tells you about your rights and our responsibilitie under the Fair
against
class
proceedings,
private
attorney
general
proceedings
and/or
multiple
Credit Billing Act.
party proceedings described in Paragraph C.7 (the "Class Action Waiver") the
What To Do If You Find A Mistake On Your Statement
last
sentence
of
Paragraph
C.
13
and/or
this
sentence):
all
such
disputes
are
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 that
Bank, PO Box 182620, Columbus, Ohio
concerns the validity or leability of the Agreement as whole is for the
In your letter, give us the following information
arbitrator,
not
court,
to
decide.
Account information: Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with respect
Dollar amount: The dollar amount of the suspected error
to any Claim, even that party has already initiated a lawsuit with respect to
Descr iption of problem: you think there is an error on your bill, describe
different Claim. Arbitration is 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 in small claims court or your state's equivalent court, any But
Within 60 days after the error appeared on your statement.
if that Claim is transferred, removed or appealed to a different court, we then
At least 3 business days before an automated payment is scheduled, if you
have the right to demand arbitration.
want to stop payment on the amount you think wrong.
5. Choosing the Administrator: Administrator' means the American Arbitration
You must notify us any potential errors writing You may call us, but if you
Association ("AAA"), 1633 Broadway 10th Floor, New York, NY 10019 www.
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
jamsadr.com; or any other company selected by mutual of the par-
What Will Happen After We Receive Your Letter
ties.
If
both
AAA
and
JAMS
cannot
or
will
not
serve
and
the
parties
are
unable
When receive your letter, we must do two things:
to select an ministrator by mutual the Administrator will be 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 also tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be retired or
2. Within 90 days of your letter, we must either correct the error or
former judge or lawyer with at least 10 years of experience. You get to select the
explain to you why we believe the bill correct.
Administrator if written notice of your selection with your notice
While we investigate whether or not there has been an error:
you electing to arbitrate any Claim or within 20 days after give you notice
We cannot try to collect the amount in question, or report you as delinquent
that
we
are
electing
to
arbitrate
any
Claim
(or.
if
you
dispute
our
right
require
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
do
not
select
the
Administrator
on
time.
may
do
it.
Notwithstanding
to charge you interest on that amount
any language in this Arbitration Provision to the contrary, no arbitration may be
While you do not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arbitration by any Admin-
the remainder of your balance
istrator that has in place a formal or informal policy that is inconsistent with the
We can apply any unpaid amount against your credit limit.
Class Action Waiver.
After we finish our investigation one of two things will happen:
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF YOU
If we made mistake You will not have to pay the amount in question or
any
OR WE ELECT TO ARBITRATE CLAIM, YOU WILL NOT HAVE THE RIGHT
TO
interest or other fees related to that amount.
PURSUE THAT CLAIM IN COURT 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 AN
question, along with interest and fees We wil send you state-
RBITRATION THAN LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
ment of the amount you owe and the date payment is due. We may then
IF YOU WENT COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
report you as delinquent you not pay the amount 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 A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE A CLASS
to within 10 days telling us that you still refuse to pay If you do so. we cannot
ACTION
IN
COURT
OR
IN
CLASS-WIDE
ARBITRATION
EITHER
AS
A
PLAIN-
report you as delinquent without also reporting that you are questioning your bill
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY ACT
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 CONSOLI-
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AND
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 CONDUCT
the amount you question even your bill correct
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION
If you are dissatisfied with the goods or services that you have purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that
you
attend
your credit card, and you have tried in good faith to correct the problem with the
must take place at reasonably convenient to you. We will pay any and
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator if applicable law requires us
purchase.
to you prevail in the arbitration or must bear such fees in order for this
To use this right, all of the following must be true:
The purchase must have been made in your home state or within 100 miles
Arbitration Provision to be enforced If you demand an arbitration, we will pay
reasonable
attorneys
and
experts
fees
you
prevail
or
we
must
bear
such
of your current mailing address, and the purchase price must have been more
fees in order for this Arbitration Provision to be enforced. Also we will bear any
than
$50.
(Note:
Neither
of
these
are
necessary
if
your
purchase
was
based
on
fees if applicable law requires us to
an advertisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce and
goods or services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 16 (the "FAA"), and
You must have used your credit card for the purchase. Purchases made with
not by any state arbitration law. The arbitrator must apply applicable substantive
cash advances from an ATM or with check that accesses your credit card ac-
law
consistent
with
the
FAA
and
applicable
statutes
of
limitations
and
claims
of
count not qualify
privilege recognized at The arbitrator may award any remedy by the
3. You must not yet have fully paid for the purchase
substantive
law
would
apply
if
the
action
were
pending
in
court
including
all of the criteria above are met and you are still dissatisfied with the purchase,
without punitive damages, which shall be governed by the Constitu-
contact writing at:
tional standards employed by the courts). At the timely request of either party,
Comenity Capital Bank
the arbitrator must provide a brief 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 discovery
While we the same apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator, either party submit
above. After we finish our investigation, we will tell you our decision. At that
a written request to the arbitrator to expand the scope of discovery normally al-
point. we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules of the Administrator. The arbitrator shall have
delinquent
discretion grant deny that request.
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
Credit insurance (as applicable)
award may be entered by any court having jurisdiction. The arbitrator's decision
is
final
and
Purchasing credit insurance is optional If you choose to carry credit insurance
binding,
except
any
right
of
appeal
provided
by
the
FAA
However,
coverage, the premium charge will be added to your Account as purchase on
the amount of the Claim exceeds $50,000 or involves a request for injunctive
or
declaratory
relief
that
could
the last day of each billing period. You can cancel your coverage at any time.
foreseeably
involve
cost
or
benefit
to
either
party
Account Assure Debt cancellation (as applicable)
exceeding $50,000 any party can, within 30 days after the entry of the award
by the arbitra appeal the to panel by the
Purchasing Account Assure is optional.
Your decision whether or not to purchase Account Assure won't affect your
inistrator. The panel shall anew any aspect of the initial award
application for credit or the terms of any existing credit agreement you have
requested by the appealing party. The decision of the panel shall be by majority
with
us
vote. Reference in this Arbitration Provision to 'the arbitrator' mean the
panel an appeal of the arbitrator's decision has been taken. The costs of such
The monthly fee for Account Assure is based on the outstanding monthly
appeal
will
be
borne
in
accordance
with
balance
on
and
Paragraph
C.8
your
Account
each
month
will
above
be
added
to
your
We' provide additional information before you're required to pay for Ac-
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
of
all
owed
under
this
Agreement.
the
count Assure. This will include copy of the terms and conditions pertain-
closing
of
the
Account,
any
ing to Account Assure
legal proceeding and any bankruptcy to the extent consistent with applicable
bankruptcy
law.
In
the
event
of
conflict
or
inconsistency
between
this
Arbitra-
You can cancel your Account Assure at any time.
There are eligibility requirements conditions. and exclusions that could
tion Provision on the one hand, and the applicable arbitration rules the other
pre-
provisions
of
this
Agreement,
on
the
other
hand
this
Arbitration
vent you from receiving benefits under Account Assure
Provision
shall
Be sure to carefully read the Addendum for full explanation of the terms
govern. This Arbitration Provision replaces any Prior Arbitration Agreement
13.
Severability:
If
any
portion
of
this
Arbitration
Provision
other
than
the
of Account Assure.
Class
Action Waiver, is invalid or unenforceable, the remaining portions shall
H. Communicating with us
nevertheless remain force. determination is made that the Class Action
Communicating to you about your Account
Waiver is only this sentence of the Arbitration Agreement
If we need to contact you to service your Account or to collect amounts you owe
main force and the remaining provisions shall be null and void, provided that
to
us
you
give
direct
consent
to
us,
as
well
as
servicers,
agents,
contractors
and
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to
appeal.
collectors of your Account, to communicate with you in any way, such as calling,
14. Special Payment: If (1) you submit Claim Notice in accordance with
texting,
or
electronic
mail
via:
Paragraph
B
above
on
your
own
behalf
(and
not
on
behalf
of
any
other
party):
1)
a cell. landline. or text number you provide, use to contact us, or at which
(2) we refuse provide you with the relief you request: and (3) arbitrator
we believe we reach you (even if it is not yours),
subsequently
determines
that
you
were
entitled
to
such
relief
(or
greater
relief),
2)
any electronic mail address you provide to us or one of our merchants,
the arbitrator shall award you at least 5,100 (plus any fees and costs to which
automated dialer systems and automatic telephone dialing systems,
you are entitled).
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
comenity
Comenity Capital Bank, Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
state or federal law, and you understand that this may result in additional mobile,
169NACC062712
text message, or data charges.
832941017 (05/14)
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account
For Wisconsin residents:
are married, please contact us immediately upon receipt of this Agreement
at 1-866-327-4367 (TDD/TTY 1-888-819-191 8) and provide us with the name
and address of your spouse. We are required to inform your spouse that we have
opened credit account for you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Capital Bank
should be sent to the following address: Comenity Capital Bank, Bankruptcy De-
partment, PO Box 183043, Columbus, Ohio 43218-3043.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
28.99%.
(APR) for Purchases
How to Avoid Paying
We will begin charging interest on purchases on the transaction date
Interest
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