Terms and Conditions of the Ross-Simons Preferred Account
Ross-Simons Preferred Account credit card is offered by WebBank, Salt Lake City, Utah ("the
Lender"). IF YOU DO NOT HAVE A ROSS-SIMONS PREFERRED ACCOUNT, by using a Ross-
Simons Preferred Account to complete this purchase, you apply for credit and you agree that you
have read the Terms and Conditions, including its Agreement to Arbitrate; you authorize the Lender
to review your credit report and you understand that this account is subject to interest and Late Fees
and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to
share your personal information, including email address, with the Lender, and authorize the Lender
to use that information for all lawful purposes in connection with the Account. IF YOU ALREADY
HAVE A ROSS-SIMONS PREFERRED ACCOUNT, you may be asked to provide information (such
as your date of birth and last four digits of your social security number), each time you use the
Account. This information is used solely for verification purposes.
The Terms and Conditions of the Ross-Simons Preferred Account include the following:
Important Disclosures
E-Sign Consent
Account Agreement, including Agreement to Arbitrate
Privacy Policy
Ross-Simons Preferred Account Important Disclosures
The information that follows includes important information about the cost of credit and the
interest rates that apply to your Account.
Interest Rate and Interest Charges
Annual Percentage Rate (APR)
25.99%*
for Standard, Promotional and
Financed Equal Payment
Purchases
Paying Interest
Your due date is at least 25 days after the close of each billing
cycle. We will not charge any interest on Standard or
Promotional Purchases (excluding Promotional Purchases
subject to a Deferred Interest option) if you pay the entire
balance by the due date each month. We will charge interest on
a Deferred Interest Purchase from its transaction date, unless
you pay the Deferred Interest balance in full by its expiration
date, which will be at least 6 months after the transaction date.
We will begin charging interest on Financed Equal Payment
Purchases on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00.
For Credit Card Tips from the
To learn more about factors to consider when applying for or
Consumer Financial Protection
using a credit card, visit the website of the Consumer Financial
Bureau
Protection Bureau at
http://www.consumerfinance.gov/learnmore.
Fees
Annual Fees
None.
Penalty Fees
Late Payment Fee
If the minimum payment due is:
The late fee is:
less than $25
Up to $5.00
$25 or greater
Up to $35.00
Return Check Fee
Up to $25.00
Over Limit Fee
None.
How Lender Will Calculate the Balance: Lender uses a method called "average daily balance
(including new Purchases)." See the Account Agreement for more details.
Billing Rights: Information on Borrower's rights to dispute transactions and how to exercise those
rights is provided in the Account Agreement.
*From time to time Lender may offer Standard Purchases or Promotional Purchases with a
lower rate that may apply for a limited time.
Amendment of the Terms and Conditions. Lender may amend the Account Agreement, including
any of the terms stated above, from time to time, in accordance with the paragraph of the Account
Agreement called "Amendment of this Agreement."
Important information about procedures for opening a new account. To help the government
fight the funding of terrorism and money laundering activities, Federal law requires all financial
institutions to obtain, verify, and record information that identifies each person who opens an
account. What this means for you: When you open an account, Lender will obtain your name,
address, date of birth, and other information that will allow Lender to identify you. Lender may verify
this information with you or others. Lender may also request to see your driver's license or other
identifying documents.
APPROVAL AND CREDIT LIMIT TERMS: If you are under 21 years of age, we may require that
you provide us additional information in compliance with the Credit CARD Act of 2009.
All accounts, including New York Residents: You agree to give Lender permission to obtain a
credit report from a consumer credit reporting agency in connection with this application, any
transaction, or extension of credit, and on an ongoing basis, for the purpose of performing a routine
and occasional verification of credit on your Account, adjusting the credit limit on your Account,
taking collection action on your Account, or for any other legitimate purposes associated with your
Account. Upon your request, you will be informed of whether or not a consumer credit report was
ordered, and if it was, you will be given the name and address of the consumer reporting agency that
furnished the report. New York residents may contact the New York State Department of Financial
Services at 877-226-5697 or at 1 State Street, New York, NY 10004 to obtain a comparative listing
of credit card rates, fees and grace periods.
Wisconsin Residents: If you are married, by submitting your credit card application you are
confirming that this credit card obligation is being incurred in the interest of your marriage and your
family. No provision of any marital property agreement (pre-marital agreement), unilateral statement
under 766.59 of the Wisconsin Statutes, or a court decree under 766.70 adversely affects the
interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy
of the agreement, statement or decrees or has actual knowledge of the adverse provision. If the
credit card for which you are applying is granted, you will notify Lender if you have a spouse who
needs to receive notification that credit has been extended to you.
All accounts, including California and Utah Residents: As required by law, you are hereby
notified that a negative credit report reflecting on your credit record may be submitted to a credit
reporting agency if you fail to fulfill the terms of your credit obligations.
The Ohio laws against discrimination require that all creditors make credit equally available
to all creditworthy customers and that credit reporting agencies maintain separate credit
histories on each individual upon request. The Ohio Civil Rights Commission administers
compliance with this law.
As required by California law, a married applicant may apply for a separate account.
Borrower may be liable for unauthorized use of the credit card. If the card is lost, stolen or if
Borrower thinks someone may have used it without permission, Borrower must notify Lender
in accordance with the Account Agreement. You will not be liable for any unauthorized use
that occurs after you notify us. You may, however, be liable for unauthorized use that occurs
before your notice to us. In any case, your liability will not exceed $50.
Ross-Simons Preferred Account E-Sign Consent
Consumer Consent to receive disclosures and other information electronically.
IMPORTANT NOTICE. In order to complete this transaction online, the Lender must provide
you with certain disclosures required by law. The Lender can provide these disclosures to
you online only if you consent. You should choose another payment option if you do not
consent.
1. DEFINITIONS. In this Ross-Simons Preferred Account E-Sign Consent, the following definitions
apply:
"You" and "your" mean the person who is asking to use a Ross-Simons Preferred Account to make a
purchase.
"We", "us" and "Lender" mean the Lender and, following an assignment, any person, company or
bank to whom the rights of the Lender have been assigned.
"Ross-Simons Preferred Account" is the payment program, which allows you to pay for purchases
from Ross-Simons by charging the costs to your Ross-Simons Preferred Account.
2.
CONSUMER CONSENT. By checking the "I agree to have the Terms and Conditions presented
electronically", which you hereby adopt as your electronic signature, you consent and agree that:
We can provide disclosures required by law and other information about your legal rights and
duties to you electronically.
Your electronic signature on agreements and documents has the same effect as if you
signed them in ink.
We can send all important communications, billing statements and disclosures (collectively
defined as "Disclosures") to you electronically via our website or to the email address that
you have provided to Ross-Simons in this transaction or to another email address that you
provide to us for that purpose rather than in paper form.
We will alert you when the Disclosures are available, by sending you an electronic
communication.
Our email will tell you how you can view the Disclosures.
We will make the Disclosures available to you for not less than 90 days from the later of: the
date it first became available to you or the date we sent you the email to alert you that it was
available.
You will be able to print a copy of the Disclosure or download the information for your
records.
This consent applies to this transaction, to all future Disclosures on this Account, to all future
transactions in which you use the Ross-Simons Preferred Account or with us, at any time,
and to other Disclosures that we provide to you by email, unless you have, prior to such
transaction, withdrawn your consent by the procedure mentioned below.
The disclosures and information you will receive in this online session are:
Ross-Simons Preferred Account Important Disclosures
This Ross-Simons Preferred Account E-Sign Consent
Ross-Simons Preferred Account Agreement, including Agreement to Arbitrate
Privacy Policies
3. WHAT YOU WILL NEED. You understand that in order to access and retain the electronic
Disclosures, you will need the following:
A computer with an Internet connection.
A current web browser that includes 128-bit encryption. (Minimum recommended browser
standards are Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and
above, or Safari 2.0 and above.) The browser must have cookies enabled.
A valid email address.
Sufficient storage space to save past Disclosures OR an installed printer to print them.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email
address book, you must add customercare@rs.mypreferredaccount.com to your email
address book.
4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. You understand that
you may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and
that we will provide them to you by mail at no charge. You understand that you have the right to
receive these Disclosures in paper form and that you may withdraw your consent to receive
electronic Disclosures at any time, without any cost or fee. You can withdraw your consent by
logging in to rs.mypreferredaccount.com and going to "Manage Account." You can also request
paper copies and/or withdraw consent by contacting us at:
Ross-Simons Preferred Account
P.O. Box 2394
Omaha, NE 68103-2394
5. UPDATING EMAIL ADDRESS. At any time, you can update the email address to which we will
send alerts that your Disclosures are available. You can change your email preferences by logging
in to rs.mypreferredaccount.com and going to "Manage Account." You can also do this by contacting
us at:
Ross-Simons Preferred Account
P.O. Box 2394
Omaha, NE 68103-2394
6. LEGAL EFFECT. By consenting, you agree that electronic Disclosures have the same meaning
and effect as if we provided paper Disclosures to you as we are required to do so. When we send
you an email alerting you that the Disclosures are available electronically and make it available
online, that shall have the same meaning and effect as if we provided paper Disclosures to you,
whether or not you choose to view the Disclosure, unless you had previously withdrawn your
consent to receive Disclosures electronically.
7. GENERAL. You understand and agree that we reserve the right to cancel this electronic
Disclosure service, change the terms of use of this service or send Disclosures in paper form at any
time. You understand and agree that we are responsible for sending notice of the Disclosures to you
at the email address you have provided, but are not responsible for any delay or failure in your
receipt of the email notices.
Ross-Simons Preferred Account Agreement
NOTICE TO BORROWER: (1) CAUTION - IT IS IMPORTANT THAT BORROWER THOROUGHLY
READ THE DISCLOSURES AND AGREEMENT BEFORE BORROWER AGREES; (2)
BORROWER SHOULD RETAIN A COPY OF THE DISCLOSURES AND AGREEMENT FOR
BORROWER'S RECORDS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Agreement sets forth the Terms and Conditions of the Ross-Simons Preferred Account credit
card (the "Account") and the extension of credit made by WebBank, Salt Lake City, Utah (the
"Lender").
Please read this Agreement and keep a copy.
1. DEFINITIONS. In this Account Agreement, the following definitions apply:
"Agreement" means the Important Disclosures, Account Agreement, and any amendment or
addendum to this Agreement.
"Merchant" means Ross-Simons.
"Purchases" are extensions of credit made on the Account to the Borrower, when the Borrower uses
the Account to pay for a purchase from the Merchant.
a. Parties to this Agreement.
"You", "your" and "Borrower" mean the person who applied for this Account and agrees to this
Agreement.
"We", "us" and "Lender" mean WebBank, and, following an assignment, any person, company or
bank to which the rights of the Lender have been assigned.
b. Other Parties.
"Bill Me Later, Inc.," "located in Timonium, Maryland, developed Bill Me Later and provides services
for the Lender, such as processing transactions, keeping records, sending billing statements and
providing customer service. Bill Me Later, Inc. is also the company to which you will pay any
amounts owed on your Account, and as a result, Bill Me Later, Inc. performs any and all collection
activities relating to your Account. ("Bill Me Later" is a registered trademark of Bill Me Later, Inc.)
C. Parts of the Account.
(i) Revolving Parts.
"Standard Purchases" are subject to the standard repayment terms, Grace Period and Annual
Percentage Rate of the Account.
"Promotional Purchases" may be subject to special, promotional repayment terms and/or Annual
Percentage Rates for all or part of the time they are unpaid. Promotional Purchases are subject to
the standard repayment terms and rate, except to the extent that the promotional offer states
different terms.
"Deferred Interest Purchases" are Promotional Purchases on which no interest will be charged if
they are paid in full within the deferred interest period. Interest will be charged from the purchase
date if the Purchase balance is not paid in full within the deferred interest period. The deferred
interest period may be 6 months or more as disclosed when the transaction is made.
"No payments for 6 months Purchases" are Deferred Interest Purchases on which no payments will
be due during a 6 month deferred interest period.
"No interest if paid in full Purchases" are Deferred Interest Purchases on which payments will be due
during the deferred interest period.
(ii) Equal Payment Parts.
"Equal Payment Purchases" are extensions of credit from the Equal Payment part of the account
that will be repaid in equal monthly payments called "Monthly Plan Payments."
"Interest-free Equal Payment Purchases" will not be subject to interest imposed by the Lender, if
Borrower pays the balance in full by the End Date.
"Financed Equal Payment Purchases" will be subject to interest imposed by the Lender.
d. Other Definitions used in this Agreement.
"Billing Cycle" means the time between the dates on which we prepare billing statements, or would
have prepared them if statements were required under the paragraph of this Agreement called
"Billing Statements." The Billing Cycle will end on approximately the same day of each month. We
may change the day the Billing Cycle ends, at our option. The Billing Cycle may end on any day that
we or you terminate the Account and you pay the balance in full.
"Cost" means the price of any item you purchase from the Merchant using the Account, plus any fee
or charge you agree to pay the Merchant, the cost of shipping and taxes, less any applicable
discount or credit offered by the Merchant.
"Credit Card" means the Ross-Simons Preferred Account credit card provided to you for this
Account.
"Credit Limit" means the maximum amount of credit that Lender has approved for this Account.
When Borrower opens this Account, Lender will establish the Credit Limit. Lender may increase the
Credit Limit at any time; Lender may decrease the Credit Limit at any time, but will notify Borrower
immediately and tell Borrower the reasons. The total of all balances of the Account (including unpaid
transactions posted to the Account, unpaid and unexpired authorized transactions, transactions
which are the subject of a billing dispute, and all interest and fees) may not exceed the approved
Credit Limit.
"End Date" is the Payment Due Date of the final Monthly Plan Payment on an Equal Payment
Purchase.
"Expiration Date" for a Deferred Interest Purchase is the date on which the deferred interest period
ends.
"Grace Period" means the period within which you may repay a Purchase without incurring any
interest on that Purchase. The Grace Period applies only to Standard Purchases and Promotional
Purchases which are not Deferred Interest Purchases.
"Payment Due Date" means the date which will appear each month as the "Payment Due Date" on
the billing statement.
"Termination" means that you will no longer be able to obtain any extension of credit on this Account.
Termination affects the Account permanently, at the sole discretion of the Lender.
2. GENERAL DESCRIPTION OF THE ACCOUNT. This is a multi-part open-end credit card account.
You will request a Purchase on this Account by choosing the Ross-Simons Preferred Account
payment option when you make a purchase from the Merchant. Each purchase will be added to the
balance of the Standard Purchases part of the Account, unless it is subject to special terms for a
Promotional Purchase or an Equal Payment Purchase. We will charge interest on all parts of this
Account, beginning on each transaction date, except during the Grace Period and as otherwise
provided in the paragraph of this Agreement called "Interest Rate and Interest Charges." You will
only have the right to use some parts of the Account from time to time, when we make a special
offer. The rate of interest may be different for different parts of the Account. We may make changes
in this Agreement as explained in the paragraph called "Amendment of this Agreement."
3.
HOW YOU CAN USE THIS ACCOUNT. The Merchant may allow you to charge the purchase to
your Account if you provide the Merchant with proper credentials and certain information about your
Account. You will not have to use the credit card or have it in your possession to make a purchase.
We may refuse to make the extension of credit to you if the credit would cause the balances of the
Account to exceed the Credit Limit.
a. Standard and Promotional Purchases. You can make Purchases on this Account by choosing
the Ross-Simons Preferred Account when you make a purchase from a Merchant at an authorized
location. We will extend credit to you, in the amount of the Cost of the Purchase, by paying the
Merchant on your behalf. We will extend credit subject to the Standard Purchase terms, unless
special terms are in effect at the time of the Purchase or are offered by the Merchant.
b. Equal Payment Purchase. We may offer you the option to make some purchases as Equal
Payment Purchases. We may offer this as the only method you can use to make a Purchase, or as
an option to the Standard Purchase method. Equal Payment Purchases will be subject to the
Financed Equal Payment Purchase terms, unless otherwise agreed.
4. OTHER AGREEMENTS ABOUT MAKING PURCHASES.
a. Credit Limit. We will establish a Credit Limit for the Account, which is the maximum amount that
can be outstanding at any time. However, we have the option to refuse your request for any
Purchase; we will notify you of the reasons for any refusal, if required by law. From time to time, we
may review your Account to ensure that payments and transactions posting to your Account are
valid and not fraudulent and that good funds are collected for payments. In doing so, we may
temporarily limit your ability to utilize the total credit available to borrow until the Account review is
completed and/or transactions and payments are confirmed to be valid and fully collected.
b. We may charge your Account for Purchases. You authorize us to charge this Account for the
Cost of any purchase you, or anyone to whom you have given permission to use this Account, make
from the Merchant using this Account. You understand that the amount that we actually pay to the
Merchant may be less than the Cost, because the Merchant may agree that we or a third party may
retain a portion of the Cost.
C. We may charge your Account for Interest and Fees. You authorize us to charge this Account
for interest, any fees, costs of collection, and amounts that you agree in this Agreement to pay.
5. YOUR PERSONAL INFORMATION. Each time you use this Account, you authorize the Merchant
to
share your personal information with us to the extent necessary for us to complete the transaction,
including paying the Merchant on your behalf, charging your Account for the Costs of the Purchase,
sending you a billing statement, and for all other lawful purposes in connection with this Account.
You authorize the Merchant to share your email address with us. You consent to our sending you
emails for any lawful purpose in connection with this Account, including commercial emails for
marketing financial products and services. You may withdraw your consent to us sending your
commercial emails, at any time, by changing your email preferences at rs.mypreferredaccount.com
or by "unsubscribing" when we send you an email.
6. PROMISE TO PAY. Borrower promises to pay to us the balance on this Account, including all
Purchases and other amounts Borrower has authorized us to charge to this Account. Borrower
promises to pay these amounts as agreed in this Agreement, including your promise to make the
Minimum Payment Due each month on or before the Payment Due Date. Borrower also promises to
pay us any amount by which the balance of the Account exceeds the authorized Credit Limit.
7. BORROWER ALSO PROMISES:
a. To pay for all Purchases made by you and by someone you authorized to use this Account. We
(and any person who may decide whether you are liable for amounts charged to this Account) may
presume that you have authorized any Purchase made in your name using this Account, if the
purchase is delivered in your name to your address, unless you return the Purchase to the Merchant
within a reasonable period of time.
b. To give us personal financial information about you that we may reasonably request, from time to
time.
C. To pay all costs of collection if we take any action to collect this Account or take any action in a
bankruptcy proceeding filed by or against you, if we are permitted by applicable law to charge those
costs. This shall include, unless prohibited by applicable law, reasonable attorneys' fees and
expenses to the maximum amount permitted by applicable law.
d. Not to give us false information or signatures, electronic or otherwise, at any time.
e. To pay a Late Fee and Return Check Fee, as provided in this Agreement.
f. To make all payments by check, money order, electronic funds transfer or ACH in U.S. Dollars,
drawn on funds on deposit with a U.S. financial institution or a U.S. branch of a foreign financial
institution, in a form that will be processed and honored by our financial institution, in accordance
with the reasonable requirements set forth on the billing statement, and to make each payment so
that we receive it at the remittance address disclosed on the billing statement. If you make a non-
conforming payment, we may refuse to accept the payment. A non-conforming payment, if accepted
by us, will be credited to your Account not more than 5 days after the date we receive it, unless
otherwise required by law. A non-conforming payment includes, among other things, a payment that
is not made in accordance with this paragraph and with the reasonable requirements set forth on the
billing statement, oversized and undersized instruments, instruments using non-standard materials,
instruments in a non-standard format, and any non-standard instrument that requires special
handling.
g. That when you make a payment on this Account by check, you authorize us to use information
from your check to make a one-time electronic fund transfer from your Account. In certain
circumstances, such as for technical or processing reasons, we may process your payment as a
check transaction. When we use information from your check to make an electronic fund transfer,
funds may be withdrawn from your Account as soon as the same day we receive your payment, and
you understand that you will not receive your check back from your financial institution. You have the
right to withdraw this authorization at any time by informing us that you do not want us to use the
information from your checks to make an electronic fund transfer; to do so, you must contact us in
writing at Electronic Check Opt Out, P.O. Box 4415, Timonium, MD 21094 and provide us with your
name, Ross-Simons Preferred Account number and the name of the financial institution and account
number from which your checks are drawn.
h. To promptly notify us if you change your name, your mailing address, your e-mail address or your
telephone number.
i. That you will not accept this Account unless you are of legal age in the state where you reside and
are a resident of the U.S.A.
j. To sign the back of the Credit Card (if one is provided) at the place for the signature above the
words "Authorized Signature." You agree that your signing the Credit Card is not a condition to your
promises under this Agreement.
k. To notify us immediately if the Credit Card is lost, stolen or possibly used without your permission.
I. To pay for any unauthorized purchases made with the Credit Card before you notify us that the
Credit Card was lost, stolen or possibly used without your permission. Your liability for unauthorized
purchases is the least of (1) $50.00, (2) the total of unauthorized purchases made before you notify
us, and (3) the amount for which you are liable under applicable law. You may give us notice by
telephone or in writing in accordance with the section of this Agreement called "Notices and
Customer Service."
m. If you are dissatisfied with goods or services you purchased from a Merchant, you will try in good
faith to resolve the dispute and correct the problem directly with the Merchant. You agree to allow a
reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce
your rights in case of a billing error.
n. To use the Account for personal, family or household purposes only.
O. To honor any other promises that you make in this Agreement.
8. SECURITY INTEREST. We will not take any security interest to secure this Account.
9. INTEREST RATE AND INTEREST CHARGES. Except during the term of an Interest-free Equal
Payment Purchase prior to the End Date, Borrower agrees to pay interest on the outstanding
balance of each part of this Account, including billed interest and billed fees, at all times that this
Account is in effect, including any period after Termination in which there remains an outstanding
balance. The interest will be calculated for each part of the Account separately, in the following way:
a. Parts of the Account. For the purposes of assessing interest, each part of the Account will be
calculated separately. Parts may be called "Transaction Types" on the billing statements.
(i) Standard Purchases. All Standard Purchases and other balances that are moved to the
Standard Purchases part of the Account will be a single part.
(ii) Promotional Purchases. Promotional Purchases, while subject to different Promotional rates,
terms, and Deferred Interest terms, will be different parts of the Account.
Deferred Interest Purchases. From time to time, we may offer Promotional Purchases with
a Deferred Interest option. All purchases subject to the same rate, Deferred Interest terms
and Expiration Date will be a single part; at our option, we may consider any Deferred
Interest Purchase to be a separate part. If you pay the balance on the Deferred Interest part
(which is called the "Deferred Interest Balance") in full by the Expiration Date, we will not
charge any interest for that part. We will calculate the interest for each Billing Cycle prior to
the Expiration Date and disclose it on the Billing Statement as the Accrued Deferred interest.
If you do not pay the balance on a Deferred Interest part of the Account before the Expiration
Date, we may charge your Account, in the Billing Cycle in which the Expiration Date occurs,
interest on Promotional Purchase from the date of such Promotional Purchase (each
"Transaction Date").
End of Promotional Terms. If a part is subject to a special promotional rate or Deferred
Interest term which ends as of a certain date ("Expiration Date"), you authorize us to move,
on or after that date, the balance remaining in that part to the Standard Purchases part of the
Account, and it will be subject to the repayment and interest terms for Standard Purchases.
(iii) Equal Payment Purchases. Each Equal Payment Purchase will be a part. If there is a balance
owing on an Interest-free Equal Payment Purchase after the End Date, you authorize us to move, on
or after the End Date, that balance to the Standard Purchases part of the Account, and it will be
subject to the repayment and interest terms for Standard Purchases.
b. When the Interest begins. The interest begins to accrue on the transaction date, except (i)
interest does not accrue on any portion of a Purchase that you repay during the Grace Period for the
Purchase, if a Grace Period is applicable to the Purchase; (ii) interest will not be assessed if the
conditions in the following paragraph are met, and (iii) interest does not accrue prior to the End Date
on an Interest-free Equal Payment Purchase.
C. Assessing Interest. We will not assess interest on Standard or Promotional Purchases during
any Billing Cycle in which your payments and credits on or before the Payment Due Date reduce the
outstanding balance for Standard and Promotional Purchases (excluding Standard and Promotional
Purchases you made during the Billing Cycle, and excluding Deferred Interest Purchases) to zero or
to a credit balance.
d. Grace Period. Only Standard Purchases and Promotional Purchases (other than a Deferred
Interest Purchase) are eligible for a Grace Period. If a Purchase which is eligible for a Grace Period
is made during a Billing Cycle in which no interest was assessed on the Account because of the
preceding paragraph, we will not assess interest on any portion of the Purchase which you repay on
or before the Payment Due Date in the next cycle.
e. How we will determine the balance on which the Interest is computed. We will compute the
interest for each part on the "Average Daily Balance" (including new purchases) for that part during
the Billing Cycle. To get the Average Daily Balance for each part, we will take the beginning balance
for each part each day and add any new Purchases and adjustments posted that day, including
billed Interest and billed Fees; then subtract any payments and any credits. This gives us the "Daily
Balance." Then, we add up all the Daily Balances for the Billing Cycle for that part and divide the
total by the number of days in the Billing Cycle. The result is the Average Daily Balance for that part.
We will treat any Daily Balance which is a credit balance as zero.
f. How we compute the Interest. We will compute the interest during the Billing Cycle for each part
separately. For each part, we will multiply the Average Daily Balance for the Billing Cycle by the
number of days in the Billing Cycle; then we will multiply the product by the Daily Periodic Rate in
effect for that part during that Billing Cycle. The result is the interest for that part. We will then add up
the interest for all the parts, to get the interest for the Account.
g. Minimum Interest Charge. If the Daily Balance of any part (excluding any balance on a Deferred
Interest Purchase, prior to its Expiration Date, and any Interest-free Equal Payment Purchase part),
on the last day of a Billing Cycle (the Statement Date), is greater than zero, and if the interest for the
Billing Cycle is greater than zero but less than $2.00, we may assess a Minimum Interest Charge
(which will be shown on the billing statement as a fee called a "Minimum Interest Charge") of $2.00
for the Billing Cycle.
h. Rate of Interest. We will compute the interest on the Standard, Promotional and Financed Equal
Payment Purchases parts using the Daily Periodic Rate of 0.07121%. This corresponds to the
ANNUAL PERCENTAGE RATE of 25.99%. However, if we have disclosed a special promotional
rate at the time we made the special offer, we will compute the interest on the Promotional
Purchases parts using that special promotional rate.
10. FEES. You agree to pay the following Fees, as applicable. You agree that we may allocate any
Fees to the Standard Purchases part of the Account.
a. Penalty Fees.
(i) Late Payment Fee. We will charge you a Late Fee for each month the Minimum Payment is not
paid in full by its Payment Due Date. The amount of the Late Fee will be the amount of the missed
payment, up to (1) $5 if the Minimum Payment Due is less than $25, or (2) $25 if the Minimum
Payment Due is $25 or more, the first time you are late, and, if your payment is late again within the
next six billing cycles after any prior late payment, up to $35. No Late Fee will be due if the reason
the Payment is late is either:
(A) attributable to a Late Fee assessed on an earlier payment; or
(B) because, after default, the entire balance on this Account is due.
(ii) Return Check Fee. If your payment on this Account is made with a check, including a draft,
order or other instrument that is returned by drawee for "not sufficient funds" in the account on which
the check is written, or for other reasons such as a closed account, we will charge you a Fee equal
to the amount of the required Minimum Payment Due immediately prior to the date on which the
payment is returned, up to $25. We will not charge the service charge, however, if we redeposit the
check and it is paid.
b. Fee for providing a copy of billing statement. Unless we are required by law to provide you
with a copy of a billing statement for a Billing Cycle other than the current Billing Cycle, you agree to
pay us a fee of ten dollars ($10.00) per billing statement if you request a copy.
11. MINIMUM PAYMENT DUE. The Minimum Payment Due will be due each Billing Cycle, on or
before the Payment Due Date. The amount of the Minimum Payment Due will be the sum of the
Monthly Plan Payments due on each Equal Payment Purchase Part plus the payment due for the
revolving parts plus any amounts past due from previous Billing Cycles.
a. Revolving Parts. The current payment due will be the greatest of: (A) $25, or $35.00 if you failed
to pay at least the total Minimum Payment Due by the due date in any one or more of the prior six
(6) billing cycles; or (B) 3% of the sum of the balances on the revolving parts (excluding any balance
on a no payments for 6 months (or 9 months or 12 months, as applicable) purchase prior to its
Expiration Date), on the last day of the Billing Cycle; or (C) 1% of the sum of the balances on the
revolving parts (excluding any balance on a no payments for 6 months (or 9 months or 12 months,
as applicable) purchase prior to its Expiration Date), on the last day of the Billing Cycle plus any
interest assessed on the Account in that billing cycle (excluding any accrued interest on a Deferred
Interest Purchase that has been billed in that billing cycle), plus any Late Fees and Other Fees
assessed on the Account in that billing cycle. The payment will be rounded down to the next whole
dollar.
b. Equal Payment Parts. The Monthly Plan Payment due for each Equal Payment Purchase which
has not reached its End Date and on which a balance is outstanding will be the equal payment
amount you agree to when you make an Equal Payment Purchase. The Monthly Plan Payments for
an Equal Payment Purchase will be calculated so that they are substantially equal over the term of
the Equal Payment Purchase. In no event, however, will the Monthly Plan Payment due for any
Equal Payment Purchase be greater than the outstanding balance due on that part of the Account.
The Monthly Plan Payment due on the End Date may be more or less than the others, because it will
be adjusted as necessary to pay the actual balance and accrued interest owing on the End Date.
12. PAYMENT APPLICATION. We will use each payment in the amount of the Minimum Payment
Due or less, first to pay billed Monthly Plan Payments on the Equal Payment Purchases (in any
order we choose), then billed interest, then billed Fees, then the principal balance of the revolving
parts (in any order we choose), and then any other amounts due. However, if you have a balance on
a Deferred Interest Purchase, during the two Billing Cycles immediately preceding the Expiration
Date, we may use the payment first to pay billed Monthly Plan Payments on any Equal Payment
Purchases (in any order we choose) and then to pay the balance on any Deferred Interest
Purchases, (in any order we choose).
13.
PREPAYMENT. If you pay an amount greater than the Minimum Payment Due in any Billing
Cycle, the amount in excess of the Minimum Payment Due is a "prepayment." A prepayment does
not change your obligation to make the Minimum Payment Due the next billing cycle. YOU MAY
MAKE PREPAYMENTS IN ANY AMOUNT AND MAY PAY THE ENTIRE BALANCE OR ANY
PART OF IT AT ANY TIME PROVIDED THAT YOU PAY AT LEAST THE MINIMUM PAYMENT
DUE IN EACH BILLING CYCLE WHEN IT IS DUE. If you make a prepayment, we will use the
prepayment to pay the balances starting with the balance with the highest interest rate (in any order
we choose), then the balances with the next highest interest rate (in any order we choose), and so
forth. However, if you have a balance on a Deferred Interest Purchase, and you make a prepayment
during the two Billing Cycles immediately preceding the Expiration Date, we will use the prepayment
first to pay the balance on the Deferred Interest Purchase, starting with the balance subject to the
highest interest rate. We may choose to apply prepayments to the Deferred Interest Balance before
other balances.
14. BILLING STATEMENTS AND CREDIT BALANCES.
a. We will provide you with a billing statement for each Billing Cycle in which:
(i) We impose interest to this Account; or
(ii) The New Balance is more than $1.00 (whether a credit or debit balance).
(iii) You understand that we may provide you with electronic billing statements only and that you can
elect to receive paper statements by logging in to rs.mypreferredaccount.com.
(iv) You agree to notify us in writing of any errors in the billing statement within 60 days from the
date it is provided. You agree to examine the billing statement and to notify us in writing,
immediately, of any Purchases which were not made or authorized by you. We need not provide a
billing statement to you if we deem this Account uncollectible or if delinquency collection
proceedings have been started.
b. If the Account has a credit balance in excess of $1.00, we will refund the credit balance to you as
required by law. You authorize us to make the refund electronically or using an ACH, (i) if you made
the payment which caused the credit balance electronically or using an ACH, or (ii) if you typically
make payments on this Account electronically or using an ACH.
15. DEFAULT. You will be in default if any of the following happen:
a. If you fail to pay any Minimum Payment Due on or before the Payment Due Date.
b. If you fail to keep any promise or perform any duty in this Agreement, or in any other agreement
with us. If default occurs, we may have no duty to make advances from this Account and this
Account will be terminated. This may happen without any prior notice to you. If we choose, at our
sole option, to make new extensions of credit from this Account after default, you agree that we may
charge those extensions of credit to this Account. In addition, if a default occurs, all amounts which
you owe under this Agreement shall be due and payable immediately, at our option (subject to any
applicable law to the contrary). The other provisions of this Agreement will continue to apply to this
Account. If we get a judgment after default and/or if you are a debtor in an action filed by or against
you under the Bankruptcy Code, unless prohibited by applicable law, the rates of interest applicable
to this Account will continue to apply to the balances on this Account. A default under this
Agreement may be deemed by us to be a default under any other account which you have with us.
16. TERMINATION OF THE ACCOUNT.
a. In addition to Termination by default, we may terminate this Agreement at any time and for any
reason subject to the requirements of applicable law. For example, we may terminate because the
business relationship with the Merchant may end.
b. You can terminate your Account by sending written notice to the address on the billing statement.
C. If there is no debit or credit on this Account for twelve (12) consecutive months, we may terminate
this Account without notice to you.
d. After Termination, you will not be able to make new purchases on this Account. Termination will
not affect any purchase which complies with this Agreement and which was made before the date of
the Termination notice. If we choose, at our sole option, to allow purchases after we have terminated
this Account (whether or not you have given us notice to terminate this Account), you agree that we
may charge those purchases to this Account. After Termination under this paragraph, balances will
continue to accrue interest until paid in full and you agree to pay the balance on this Account, the
interest and all other amounts due in accordance with the terms of this Agreement. All other
provisions of this Agreement will continue to apply.
17. OUR LIABILITY. We have no responsibility for the failure of the Merchant to accept payment
using this Account. Our liability, if liability is provided under applicable law, for a wrongful failure to
extend credit on this Account is limited to your actual damages. Failure to extend credit for any
reason as provided under the terms of this Agreement will not be wrongful.
18. AMENDMENT OF THIS AGREEMENT. We may amend this Agreement from time to time, in any
respect by giving you written notice where required by law. An amendment may change something
in this Agreement (for example, the rate of interest on any or all the parts), add something new or
take something out. Such amendments will apply to outstanding balances and new Purchases,
except (i) an increase in the APR will apply to new Purchases made more than 14 days after written
notice is mailed, (ii) as otherwise indicated in the written notice or (iii) as otherwise provided by
applicable law. This Agreement, except when amended in accordance with this Agreement, is the
final expression of the Agreement between us and may not be contradicted by evidence of any
alleged oral agreement.
19. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not
alternative.
20. DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement
without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the
same or any other provision on any other occasion.
21. BOOK ENTRY SYSTEM. You hereby appoint Bill Me Later, Inc. as your agent in maintaining,
and Bill Me Later, Inc. agrees to maintain, a book entry system that records the identity of the owner
of each Purchase on the Account. The right to the principal of, and stated interest on, each Purchase
on the Account may only be transferred through the book entry system maintained by Bill Me Later,
Inc. This section does not affect any of Borrower's obligations under this Agreement. This section
does not limit or waive any of Borrower's rights, including but not limited to Borrower's Billing Rights.
22. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this
Agreement, or delegate your obligations to repay amounts you owe. Any attempt by you to assign or
delegate will be void and of no effect. We may assign any and all of our rights under this Agreement
at any time without your consent. Any person, company or bank to which we assign this Agreement
shall be entitled to all of our rights under this Agreement. None of your rights or obligations shall be
affected by such assignment.
23. COMMUNICATIONS CONCERNING DISPUTED DEBTS. ALL COMMUNICATIONS BY YOU
TO US CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL
SATISFACTION OF THE ACCOUNT, MUST BE SENT TO: Ross-Simons Preferred Account,
P.O. Box 5018, Timonium, MD 21094.
24. CREDIT INVESTIGATION AND REPORTING. You agree that we have the right to obtain a
credit report in connection with our review of your application and periodically, during the term of this
Account, as we deem reasonably necessary to maintain and collect this Account. You also agree
that we have the right to make any credit, employment and investigative inquiries we deem
appropriate related to this Account and the collection of amounts owed on this Account. You
authorize us to answer any questions about our experience with you related to this Account and to
report that experience to credit reporting agencies.
25. NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US; CONSENT TO
ELECTRONIC COMMUNICATIONS AND MONITORING AND RECORDING. You may send written
notices, correspondence, inquiries and questions concerning your Account to us at Ross-Simons
Preferred Account, P.O. Box 2394, Omaha, NE 68103-2394. You may also call our customer service
department at 1-888-609-0794. We may use any means of communication to contact you for any
lawful purpose (including debt collection). Such means of communication may include, but are not
limited to, postal mail, telephone, e-mail, text message or other technology, even if you are charged
for the contact. You are responsible for any charges for contacting you that may be billed to you by
your communications carrier. We may contact you at any address (including any e-mail or text
message address) or telephone number (including any cellular telephone number or landline number
that is later ported to a cellular telephone) that you give us or from which you call us. We may
monitor tape or electronically record your telephone calls with us, including any calls with our
customer service department, collection department and any other department. We may contact you
using an automatic dialing and/or announcing device that may play recorded messages. You
understand and agree that by providing us with a cellular telephone number, you consent to receive
calls at that number by an automatic dialing and/or announcing device or recorded messages. No
contact from us will be deemed unsolicited. You may contact our customer service department to
ask that we not contact you by using any one or more particular methods or technologies.
26. GOVERNING LAW, FORUM.
a. Governing Law. This Agreement has been accepted by us in the state of Utah, and all
extensions of credit will be made by us in the state of Utah. Regardless of the state of your
residence or the place where the Merchant is located, you agree that the provisions of this
Agreement relating to interest, charges and fees shall be governed by federal law and construed in
accordance with federal law and, as made applicable by federal law, the law of the state of Utah.
Other terms and provisions shall be governed by and construed in accordance with the law of the
state of Utah, without regard to principles of conflicts of law, except to the extent preempted,
superseded, or supplemented by federal law.
b. Forum for Disputes. Except as otherwise agreed by the parties, in the event that the Agreement
to Arbitrate in Section 27 below is found not to apply to you or to a dispute either as a result of your
decision to opt-out of the Agreement to Arbitrate or by court order, you agree that any claim or
dispute you may have against us must be resolved by a court located in Utah. You agree to submit
to the personal jurisdiction of the courts located within Utah for the purpose of litigating all such
claims or disputes.
27. AGREEMENT TO ARBITRATE. Please read this provision carefully. It affects your rights
and will have a substantial impact on how legal claims you and we have against each other
are resolved if you do not opt out of this Agreement to Arbitrate.
a. Summary. Most customer concerns can be resolved quickly and to the customer's satisfaction by
calling us at (866) 528-3733. In the unlikely event that we are unable to resolve any Claims (as
defined below) you may have to your satisfaction (or if we have not been able to resolve a Claim we
have with you after attempting to do so) after following the procedures set forth in this provision, we
and you each agree to resolve those Claims through binding arbitration or small claims court instead
of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration
uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court,
and is subject to very limited review by courts. Arbitrators can award the same damages and relief
on an individual basis that a court can award to an individual. Any arbitration under this
Agreement to Arbitrate will take place on an individual basis; class arbitrations, class
actions, private attorney general actions, and non-individualized injunctive relief are not
permitted. By agreeing to arbitrate, both parties are waiving the right to a trial by jury or
before a judge. For any non-frivolous Claim with a value of $75,000 or less, we will pay all of the
filing, administration and arbitrator fees charged by the American Arbitration Association (the "AAA")
in connection with the arbitration. Moreover, in arbitration, you are entitled to recover attorney's fees
from us to the same extent as you would be in court.
b. Claims Subject to Arbitration. We and you (including users, custodians, and beneficiaries of
your Account) agree to arbitrate any and all disputes or claims between you and us ("Claims"),
including claims involving Bill Me Later, Inc. and its or the Lender's agents, employees, officers,
directors, predecessors in interest, and successors and assigns. This Agreement to Arbitrate is
intended to be broadly interpreted. Claims include, but are not limited to:
claims or disputes arising out of or relating to your Account, the Account Agreement, or any
transactions involving your Account or the Account Agreement, whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory;
claims or disputes that arose before the effective date of the Account Agreement or any prior
Account Agreement (including, but not limited to, claims relating to advertising, promotions,
or disclosures); and
claims or disputes that may arise after the termination of the Agreement.
The Account Agreement evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act, 9 U.S.C. § 1 et. seq., governs the interpretation and enforcement of this Agreement
to Arbitrate. The Agreement to Arbitrate shall survive the closing of your Account and/or the
termination of the Account Agreement.
C. Notice of Dispute. A party who intends to pursue a Claim must first send to the other a letter
describing the Claim (a "Notice of Dispute"). Any Notice of Dispute sent to the Lender and/or Bill Me
Later, Inc. should be addressed to:
Ross-Simons Preferred Account, c/o Bill Me Later, Inc.
9690 Deereco Road, Suite 110
Timonium, Maryland 21093
ATTN: Legal Department
Any Notice of Dispute sent to you by us shall be sent to the address in the Lender's records that is
associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must
(a) describe the nature and basis of the Claim; (b) set forth the specific relief sought; (c) set forth the
name and address of the claimant; and (d) include the Account number to which the Claim relates. If
you and we do not reach an agreement to resolve the Claim described in the Notice of Dispute
within 45 days after the Notice of Dispute is received, you or we may commence an arbitration
proceeding before the American Arbitration Association ("AAA") or, if the AAA is unavailable, such
other arbitration provider to which the parties agree or the court selects. Neither you nor we shall
disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party
until after the arbitrator issues a final award resolving the Claim.
A form for initiating arbitration proceedings is available on the AAA's web site at http:/www.adr.org. If
you or we attempt to commence arbitration proceedings before providing the requisite Notice of
Dispute, the AAA shall not commence administration of arbitration proceedings for at least 45 days
after the AAA receives the request to initiate arbitration.
d. Costs of Arbitration. Except as otherwise provided herein, we will pay all of the filing,
administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with
the notice requirements above. If, however, the arbitrator finds that either the substance of your
Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured
by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such
fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies
previously paid by us, which you otherwise would be obligated to pay under the AAA Rules. In
addition, if you or we initiate an arbitration proceeding in which the value of the relief sought (either
to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator
fees will be governed by the AAA rules.
After we receive notice that you have commenced arbitration, we will promptly reimburse you for
your payment of the filing fee unless the value of the relief sought is greater than $75,000. The
maximum filing fee to be paid by you is currently $125 for Claims up to $10,000 and $375 for Claims
over $10,000 and up to $75,000. However, these fees are subject to change at the discretion of the
AAA. If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon
receiving a written request from you at the notice address provided above.
e. Arbitration Procedures. The arbitration will be governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as
modified by this Agreement, and will be administered by the AAA. The AAA Rules are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the notice address
provided above.
The arbitrator is bound by the terms of the Account Agreement. All issues are for the arbitrator to
decide, except that issues relating to the arbitrability of Claims or the scope and enforceability of this
Agreement to Arbitrate, including the interpretation of Section 27(f) below, are for the court to decide.
If the value (either to you or us) of the relief sought is $10,000 or less, we agree that you may
choose whether the arbitration will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
Otherwise, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration
hearing will take place within the federal judicial district where the address associated with your
Account as identified in the Lender's records at the time the arbitration is commenced is located or, if
that location is inconvenient to you, at some other location that the parties agree is convenient.
The arbitrator will decide the substance of all Claims in accordance with all applicable law, including
recognized principles of equity and statutes of limitations, and will honor all claims of privilege
recognized by law. Under this Agreement to Arbitrate, arbitrators shall not be bound by rulings in
prior arbitrations involving different customers, but are bound by rulings in prior arbitrations involving
the same customer to the extent required by applicable law.
Unless the parties agree otherwise, you or we, as applicable, must bring all related or similar Claims
in a single arbitration proceeding. If you or we later initiate a subsequent arbitration asserting Claims
that are related or similar to ones that were raised in a prior arbitration between the same parties,
the AAA or the arbitrator shall either: (i) consolidate the subsequent arbitration with the earlier
proceeding if it is ongoing or (ii) dismiss the Claims raised in the subsequent arbitration that would
be barred by applicable law if brought in court.
Upon the request of either party made prior to the closing of the hearing (or, if there is no oral
hearing, prior to or along with submission of final documents to the AAA), the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which the
award, if any, is based. Unless the parties agree otherwise, any award shall be rendered by the
arbitrator not later than 14 days from the date of the closing of the hearing or, if there is no oral
hearing, from the date of the AAA's transmittal of the final statements and proofs to the arbitrator in
accordance with the AAA Rules.
f. Prohibition of Class and Representative Actions and Non-Individualized Relief. The arbitrator
may award declaratory or injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief necessitated by that party's individual Claim; any declaratory
or injunctive relief must be individualized in nature and cannot affect other Account holders. YOU
AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY
GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Unless both you and we agree
otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise
preside over any form of a representative or class proceeding. If a court decides that any part of this
Agreement to Arbitrate (other than this prohibition of class or representative actions and/or
consolidation) is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still
apply. However, if a court decides that this paragraph's prohibition of class or representative actions
and/or consolidation is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall
be null and void.
g. Availability of Small Claims Court and Access to Government Agencies. Notwithstanding the
foregoing, we or you may bring an individual action in small claims court. This Agreement to
Arbitrate does not preclude us or you from bringing issues to the attention of federal, state, or local
agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
h. Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing
us a written opt-out notice. The written opt-out notice must state that you do not agree to this
Agreement to Arbitrate and must be postmarked no later than 30 days after the date that you agree
to the Account Agreement for the first time. The opt-out notice must include your name, address,
and Account number(s) to which the opt-out applies. You must sign the written opt-out notice for it to
be effective. Mail the opt-out notice to:
Ross-Simons Preferred Account
P.O. Box 5187
Timonium, MD 21094
ATTN: Arbitration Opt-Out
This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the
Agreement to Arbitrate, all other parts of the Account Agreement will continue to apply to your
Account. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future
arbitration agreements that you may have with us.
i. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Account
Agreement to the contrary, you and we agree that if we make any future change to this Agreement
to Arbitrate (other than a change to any notice address, website link, or telephone number provided
herein), that change shall not apply to any Claim of which we had written notice on the effective date
of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the
Account Agreement, any such termination shall not be effective until at least 30 days after written
notice of such termination is provided to you, and shall not be effective as to Claims which arose
prior to the date of termination.
28. SEVERABILITY. Except as otherwise provided herein, if any provision of this Agreement is held
to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the
remaining provisions of this Agreement.
29. BORROWER'S BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE.
This notice is required by federal law. In this notice, "you" and "your" mean the Borrower. "We" and
"our" mean the Lender. This notice tells you about your rights and our responsibilities under the Fair
Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Ross-Simons Preferred Account, P.O. Box 5018, Timonium, MD 21094.
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is
wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop
payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us or email us, but if you do we are
not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also
tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we
believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you
interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder
of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or
other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along
with applicable interest and fees. We will send you a statement of the amount you owe and
the date payment is due. We may then report you as delinquent if you do not pay the amount
we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days
telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also
reporting that you are questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when the matter has been
settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you
question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and
you have tried in good faith to correct the problem with the merchant, you may have the right not to
pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current
mailing address, and the purchase price must have been more than $50. (Note: Neither of these are
necessary if your purchase was based on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
2. You must have used your credit card for the Purchase. Purchases made with cash advances from
an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the Purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing
at:
Ross-Simons Preferred Account, P.O. Box 5018, Timonium, MD 21094
While we investigate, the same rules apply to the disputed amount as discussed above. After we
finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and
you do not pay, we may report you as delinquent.
RSPATC0612
WebBank Privacy Policy
rev. July 2011
WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN
FACTS
CONNECTION WITH YOUR ROSS-SIMONS PREFERRED ACCOUNT?
Financial companies choose how they share your personal information. Federal
law gives consumers the right to limit some but not all sharing. Federal law also
Why?
requires us to tell you how we collect, share, and protect your personal information.
Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or
service you have with us. This information can include:
Social Security number and income
What?
Account balance and transaction history
Credit history and credit score
When you are no longer our customer, we continue to share your information as
described in this notice.
All financial companies need to share customers' personal information to run their
How?
everyday business. In the section below, we list the reasons financial companies
can share their customers' personal information; the reasons WebBank chooses to
share; and whether you can limit this sharing.
Does
WebBank
Can you limit
Reasons we can share your personal information
share?
this sharing?
For our everyday business purposes -
such as to process your transactions, maintain your
Yes
No
account(s), respond to court orders and legal investigations, or
report to credit bureaus
For our marketing purposes -
Yes
No
To offer our products and services to you
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes -
No
We don't share
information about your transactions and experiences
For our affiliates' everyday business purposes -
No
We don't share
information about your creditworthiness
For our affiliates to market to you
No
We don't share
For non-affiliated companies to market to you
No
We don't share
Questions?
Call: 1-800-272-0800
-Page 2-
Who we are
Who is providing this notice?
WebBank
What we do
To protect your personal information from unauthorized access
How does WebBank protect
and use, we use security measures that comply with federal
my personal information?
law. These measures include computer safeguards and
secured files and buildings.
We collect your personal information, for example, when you:
Open an account or use your account
How does WebBank collect my
Pay your bill or give us your contact information
personal information?
Provide account information
We also collect your personal information from others such as
credit bureaus, affiliates, and other companies.
Federal law gives you the right to limit only:
sharing for affiliates' everyday business purposes - information
about your creditworthiness
Why can't I limit all sharing?
affiliates from using your information to market to you
sharing for non-affiliated companies to market to you
State laws and individual companies may give you additional
rights to limit sharing. See below for more on your rights under
state law.
What happens when I limit
sharing for an account I hold
We do not have joint accounts.
jointly with someone else?
Definitions
Companies related by common ownership or control. They can be financial
Affiliates
and nonfinancial companies.
WebBank does not share with affiliates.
Non-affiliated
Companies not related by common ownership or control. They can be
financial and non-financial companies.
Companies
WebBank does not share with nonaffiliates so they can market to you.
A formal agreement between nonaffiliated financial companies that together
Joint Marketing
market financial products or services to you.
Our joint marketing partners include financial companies such as banks or
insurers.
Other Important Information
If you live in Vermont, we will not share information about your creditworthiness with our affiliates
for their everyday business purposes unless you consent to that sharing. If you live in California, we
will not share information about you (1) with our affiliates for their own purposes or (2) for joint
marketing with other financial companies.
-Page 3-
Bill Me Later, Inc. Privacy Policy
rev. July 2011
WHAT DOES BILL ME LATER, INC. (Servicer) DO WITH YOUR PERSONAL
FACTS
INFORMATION IN CONNECTION WITH YOUR ROSS-SIMONS PREFERRED
ACCOUNT?
Financial companies choose how they share your personal information. Federal
Why?
law gives consumers the right to limit some but not all sharing. Federal law also
requires us to tell you how we collect, share, and protect your personal information.
Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or
service you have with us. This information can include:
What?
Social Security number and income
Account balance and transaction history
Credit history and credit score
All financial companies need to share customers' personal information to run their
How?
everyday business. In the section below, we list the reasons financial companies
can share their customers' personal information; the reasons Bill Me Later, Inc.
chooses to share; and whether you can limit this sharing.
Does Bill Me
Can you limit
Reasons we can share your personal information
Later, Inc.
share?
this sharing?
For our everyday business purposes -
such as to process your transactions, maintain your
Yes
No
account(s), respond to court orders and legal investigations,
or report to credit bureaus
For our marketing purposes -
Yes
No
To offer our products and services to you
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes -
Yes
No
information about your transactions and experiences
For our affiliates' everyday business purposes -
Yes
Yes
information about your creditworthiness
For our affiliates to market to you
Yes
Yes
For non-affiliated companies to market to you
No
We don't share
Call 1-800-272-0800 - our menu will prompt you through your choice(s) or
Visit us online at: https://rs.mypreferredaccount.com/about/privacy-policy.xhtm
Please note:
To limit our
If you are a new customer, with respect to those circumstances in which you can
sharing
limit our sharing, we can begin sharing your information 30 days from the date we
sent this notice. When you are no longer our customer, we continue to share your
information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions?
Call: 1-800-272-0800 or go to https://rs.mypreferredaccount.com/about/privacy-
policy.xhtml
-Page 4-
Who we are
Who is providing this notice?
Bill Me Later, Inc. (Servicer)
What we do
To protect your personal information from unauthorized access
How does Bill Me Later, Inc
and use, we use security measures that comply with federal
protect my personal
information?
law. These measures include computer safeguards and
secured files and buildings.
We collect your personal information, for example, when you:
How does Bill Me Later, Inc
Open an account or use your account
Pay your bill or give us your contact information
collect my personal
Provide account information
information?
We also collect your personal information from others such as
credit bureaus, affiliates, and other companies.
Federal law gives you the right to limit only:
sharing for affiliates' everyday business purposes - information
about your creditworthiness
affiliates from using your information to market to you
Why can't I limit all sharing?
sharing for non-affiliated companies to market to you
State laws and individual companies may give you additional
rights to limit sharing. See below for more on your rights under
state law.
What happens when I limit
sharing for an account I hold
We do not have joint accounts.
jointly with someone else?
Definitions
Companies related by common ownership or control. They can be financial
Affiliates
and nonfinancial companies.
Bill Me Later, Inc.'s affiliates include financial companies such as PayPal
and nonfinancial companies such as eBay.
Companies not related by common ownership or control. They can be
Non-affiliated
financial and non-financial companies.
Companies
Bill Me Later, Inc. does not share with nonaffiliates so they can market to
you.
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
Joint Marketing
Our joint marketing partners include financial companies such as banks or
insurers.
Other Important Information
If you live in Vermont, we will not share information about your creditworthiness with our affiliates
for their everyday business purposes unless you consent to that sharing. If you live in California, we
will not share information about you (1) with our affiliates for their own purposes or (2) for joint
marketing with other financial companies.
PFP11
Pricing Addendum to the Ross-Simons Preferred Account Terms and Conditions
Annual Percentage
Rate (APR) for
Standard,
Promotional and
25.99%*
Financed Equal
Payment
Purchases
Your due date is at least 25 days after the close of each billing cycle. We will not charge any
interest on Standard or Promotional Purchases (excluding Promotional Purchases subject to
a
Deferred Interest option) if you pay the entire balance by the due date each month. We will
Paying Interest
charge interest on a Deferred Interest Purchase from its transaction date, unless you pay the
Deferred Interest balance in full by its expiration date, which will be at least 6 months after the
transaction date. We will begin charging interest on Financed Equal Payment Purchases on
the transaction date.
Minimum Interest
Charge
If I am charged interest, the charge will be no less than $2.00.
Annual Fees
None.
Penalty Fees
Late Payment
If the minimum paymen The late fee is:
Fee
due is:
Up to $5.00
Less than $25.00
Up to $35.00
$25.00 or greater
Return Check
Up to $25.00
Fee
Over Limit Fee
None.
We will compute the interest for each part on the "Average Daily Balance" (including new
purchases) for that part during the Billing Cycle. To get the Average Daily Balance for each
Balance
part, we will take the beginning balance for each part each day and add any new Purchases
Computation
and adjustments posted that day, including billed Interest and billed Fees; then subtract any
payments and any credits. This gives us the "Daily Balance." Then, we add up all the Daily
Method
Balances for the Billing Cycle for that part and divide the total by the number of days in the
Billing Cycle. The result is the Average Daily Balance for that part. We will treat any Daily
Balance which is a credit balance as zero.
*From time to time, Lender may offer Standard Purchases or Promotional Purchases with a lower rate that
may apply for a limited time.
rev. 06/12