Your Merchant Funders Home Improvement Credit account
xxxxxiool (04/14)
agreement.
This Agreement covers the Terms and Conditions of your account
Issue payment returned unpaid by your bank for any reason
with us. In this document, you will find important information
If
we consider your Account in default. we may suspend your ability to
make
about using and managing your account, including a Privacy
charges, close your Account require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. applicable law requires
use of the account, or failure to close the account within the
us to so, we'll tell you in advance and/or give you the opportunity to remedy
default.
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credit card or possibl unauthorized use
interest charges and fees.
of your card, should to immediately at PO Box 183003, Columbus,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call -855-408-1654 (TDD/T 1-888-819-1918).
an Arbitration Provision in the event of dispute.
You will not be liable for any unauthorized use that occurs after notify us. You
You have a right to reject this Arbitration Provision.
may, be liable for unauthorized use that occurs before your notice to us.
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit Plans
o
Eliminate your right to trial by jury; and
o
Substantially affect your rights, including your right to
Your Account may consist of non-promotional 'Regular Revolving") Credit
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minimum purchase r
Please read each section carefully and keep this document for
guirements and minimum payment) may vary occasionally at our discretion
your records
and include one or more Regular Revolving promotional Credit Plans.
In the following sections, you will find information on:
We may offer different promotion Credit Plans from time time.
If promotional Credit Plan offered at the time open your Account,
Financial terms of your account: An a-glance summary of the fees and charges
with
this Agreement will include information about the terms for the Plan, by use
your
account
of an insert. attachment, or other written information provided as part of this
A.
Getting started: the basics of your account
Agreement.
B. Keeping your account in good standing: avoiding default, and what to do if
Normal late fees. returned payment fees and all other provisions apply to
card is lost stolen. applicable
any promotional Credit Plan, unless inconsistent with particular Credit
C. Learning more about your account: credit plans, and credit limits, and how
Plan offering.
payments are calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo-
D. Interest, fees and charges when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes to your
o Waive Interest, Payment Required
o Defer Interest, Payment Required
F. Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest, Equal Payment
Defer Interest, Low Payment
and receive from. reporting agencies and what to do if you think
o Waive Interest, Low Payment
Low APR, Equal Payment
there
error
on
your
periodic
statement
o Defer Interest. Equal Payment
0
Budget Payment
G.
Optional products: how to protect your account from fraud or theft, and
Skip-payment option
information services that can help pay your debt in case of emergencies
At our discretion, we may allow you to skip making the Minimum Payment.
H.
Communicating with us: what happens when you contact us
Finance Charges will be assessed during the skip payment period, late
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
fee won't be imposed. This will not be considered waiver of any of the
jury
trial
waiver
and
Arbitration
provision
rights granted by this Agreement.
Privacy statement: how we collect use. share, and protect your personal informa-
All other terms of your Account apply during the skip-payment period.
tion: and the privacy can make
Credit limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any
time
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
If you do exceed your Credit Limit. we can stil charge you for all transac-
Annual Percentage
27.99%
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
this Agreement
This APR will vary with the market based
Purchases
We may change your Credit Limit at any time.
on the Prime Rate.
Account cancellation
Your due date is at least 25 days after
You may cancel your Account. You're still obligated to pay the full amount
you owe
How to Avoid
the close of each billing cycle. We will
We may cancel your Account at any time. for any reason.
Paying Interest
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account. We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
you give to others.
We may stop offering any Credit Plan at any time, for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation or suspension of your Account doesn't negate your obligation to
Charge
will be no less than $2.00 per credit
pay
any
amount
you
owe
us.
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
learn more about factors to consider
You can pay all of your Account balance at any time without
Card Tips from
when applying for or using a credit
penalty.
the Consumer
card, visit the website of the Consumer
You must pay at least the Total Minimum Payment for each billing period by
Financial
Financial Protection Bureau at http://
the Payment Due Date shown your Statement.
Protection Bureau
www.consumerfinance.gov/learnmore.
The Minimum Payment is the total of the payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts.
The Total Minimum Payment be less than $25. 00. your Account
Fees
balance less than $25.00, you must pay the amount indicated on your
Annual Fee
Statement
full.
None
The minimu payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Late Payment
Up to $35.00
terest, Payment Required and Defer Interest, Payment Required Credit
Plans will the greater of:
Returned Payment
Up to $35.00
(a) $5.00;
How We Will Calculate Your Balance: We use a method called
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
"daily balance." See your Account agreement for more details.
shown on your Statement for that Credit Plan.
o
The minimum payment for the Waive Interest, Equal Payment and De-
Billing Rights: Information on your rights to dispute transactions
fer Interest, Equal Payment Credit Plans will be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase and promotional period end date (minimum $5.00) rounded
up to the nearest $1.00.
The minimum payment for the Low APR, Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of April 1,
will be the amount of the purchase including the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that will be assessed from the date of purchase through the
Add Index
APR
Daily Periodic Rate
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promot onal period end date
Purchase APR
24.74%
(minimum
$5.
27.99%
00)
0.07668%
rounded
to
the
nearest
$1.00.
o
The minimum payment for the Waive Interest, Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates in
(a) $5.00 or
Section D.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment application
amount you must pay each billing period "Total Minimum Payment" is the
We reserve the right to apply payments equal to or less than the Total Mini-
total of payments for Regular Revolving and promotional Credit Plan
mum Payment however we see fit, which may result in balances subject to
purchases plus any Past Due amounts. The Total Minimum Payment won't be
less
than
$25.00.
lower interest rates being paid prior to other balances. This may also result
If
your
Account
balance
than
$25.
00.
you
must
pay
the
in
higher
interest
charges.
amount indicated on your billing statement ("Statement" in full. The minimum
Any payment you make in excess of the required Total Minimum Payment
payment due for each Regular Revolving Credit Plan will be the greater of:
will be allocated to your Account as required by applicable law.
(a) $ $5.00; or
Excess payments received before deferred interest promo expires are
(b) 3.5% of the New Balance shown on your Statement for that
applied to the deferred interest promotional balance first in the last two bill-
Credit Plan (rounded up to the nearest $1.00).
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
payment calculations.
D. Interest, fees and charges
The APR information described below is accurate as of April 1. 2014. Due to
Interest charges
a
change in the index, information may have To find out more. call
If you make a purchase under a Regular Revolving Credit Plan, interest
at -855-408-1654 (TDD/TTY: -888-819-1918). or write Comenity
charges won't be imposed any billing period in which (i) Previous Bal-
Capita Bank Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
at comenity.net/merchantfundershomei.
Date. equal exceed the Previous Balance.
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Payment
Due
Date
shown
Definitions
on
your
Statement
there
will
be
an
interest
charge on each purchase from the date of purchase
In this Agreement, "We." 'Us" and "Our' mean Comenity Capital Bank. "You"
If you make purchase under any Waive Interest Credit Plan, won't
and "Your" mean each person who submits an application sol icitation for
an
Account
charge interest on the purchase you pay the total amount be-
with
us
'Account'
means
your
credit
account
with
us.
"Card"
means
fore
the
end
the
promotional
period.
don't
pay
the
total
purchase
each credit card we issue for your Account, as applicable. "Credit Plan" means
amount before the end of the promotional period, we add remaining
one or more payment program options Merchant Funders Home Improvement
amount
to
your
Regular
lving
balance.
We'll
also
begin
charging
inter-
ask us to offer from time to time.
est the purchase from the first day after the romotional period ends
Upholding your Agreement
If you make under any Defer Interest Promotion Credit Plan
You agree to the terms of this Agreement, and promise to do everything
and don't pay the total amount before the end of the promotional period,
required
of
you.
If
you
sign
submit
an
application
or
solicitation
obtain
we'l add the purchase amount and the amount of accrued inter-
credit from us. you' be legally bound by this Agreement. You're also legally
est to your Regular Revolving balance.
bound you sign charge slip or permit someone else to use the credit
you make a purchase under Low APR, Equal Payment Credit Plan,
provi
interest will be assessed from the date of purchase through the end of the
You agree that the credit extended under your Account will be used only for
promotional
period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using Daily Balance" to
the Account is joint Account, you and the joint Account holder will be
determine interest charges for each billing per od. Our calculation method is as
bound by this Agreement. Each of you be jointly and individually respon-
follows:
sible for repaying all amounts due. If more than one person responsible
for this Account. we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees).
tions
o one
you.
We subtract any payments credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance zero balance) and add new transactions and debit adjustments
Agreement. One additional Card may be issued with the individual name
posted as of that day. This gives us the 'Partial Daily Balance" for the day.
an authorized embossed on the Card. you want to revoke the of
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your Account by an authorized user, either write us at the address. or call us
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
at the phone number, shown on your Statement
the
day's
Partial
Daily
Balance
You agree to pay for all transactions made on your Account by an authorized
user, whether or not such transact were authorized by you or made for
We've now determined the "Daily Balance which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
charges
Card signature (as applicable)
At the end of each billing period, we add together each Credit Plan's Daily
For your own protection. please sign your Card before using it. Keep in mind that
Interest Charge, which gives us the total interest charge
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Your Statement show Balance Subject to Interest Rate, which the
incurred your Account
sum of the Daily Balances for each day in the billing period divided by the
Using your Account
total number of days.
Your Account may be used to make purchases from Merchant Funders Home
Rates
Improvement and other retailers we may determir occas ionally by notify-
The Index in effect for each billing period will be the highest 'Prime Rate"
ing you via electronic mail, statement message, website posting, or other
of interest as published the "Money Rates' section of The Wall Street
method.
Journal for the calendar month preceding the month which the billing pe-
We reserve the right to not honor transactions related to, including, but not
riod begins, rounded upward necessary to the nearest .001% (' "Index"
limited to, gambling, ATM usage at casinos, and illegal activities.
Any variable APR may increase the Index increases.
Making payments
An increase or crease in the APR will result in corresponding increase
Pay your Account by sending check, money order, or cashier's check pay-
or decrease in the amount of interest and may increase the Total Minimum
able U.S. dollars, to the name and address shown on your Statement
Payment
specified for payments. Please don't send cash
Other fees and charges
Be sure to include your payment stub, not staple your payment to the
You agree to pay the fo lowing fees and charges:
stub, use the envelope provided with your Statement and don't send any
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
orrespondence with your payment
ment Due Date will charge you late fee
If your payment doesn' these requirements, it may not be credited to
0
fee $25.00 if you were not charged a late fee during any of the
your Account for up to five days, or may be rejected
prior six billing periods.
All written communications concerning disputed amounts, including any
0
Otherwise, the fee $35.00.
check other payment instrument marked with "payment in full" similar
o
This fee will never exceed the minimum payment due that was due
language, must sent 6550 North Loop 1604 East, Suite 101, San
immediately prior to the date on which the fee assessed.
Antonio. Texas 78247-5004.
Returned Payment Fee: We may charge you fee for each payment that your
0
We may accept payment sent to any other address without losing any
bank
doesn'
honor
for
any
reason
of rights.
o The fee $25.00 you were not charged returned payment fee dur-
o
No payment shall operate as an accord and satisfaction without our
ing any of the prior six billing periods.
prior written approval
o
therwise, the fee $35.00.
B. Keeping your account in good standing
0
This fee will never exceed the minimum payment due that was due
Avoiding default
immediately prior to the date on which the fee assessed
You'll be in default under this Agreement if you:
Although we may decide to do so. we aren't required to attempt to collect
a
payment
more
than
once.
Fail to make any payment when due
Violate any provision of this Agreement
Document Fees: we provide you with copy of any Statement sales draft
Pass away
or similar document at your request (except in connection with billing error
Become the subject of bankruptcy or insolvency proceedings
inquiries or resolution). we may charge the Account the following fee(s),
Supply us with misleading, false, incomplete or incorrect information
subject to any limitations of applicable law:
o
Statement copy $6.00
Are unable or unwilling to perform the terms or of this Agreement
o
Fail to supply us with any information we deem necessary
Sales/Credit Draft copy - $6.00
o
Default under any other loan or agreement you have with us or any of our
Check/Money Order copy $6.00
affiliates
Alternative Payment Method Fee: We may offer alternative payment meth-
Become incompetent
ods that allow you to make individual expedited payments to your Account
Exceed your Credit Limit
over the phone. If you choose to use this payment method we may assess
the current fee we charge for this service, subject to any limitations ap-
plicable law. Currently, that fee up $15.00 but may change. We'll let
you know the current fee before you any payment(s), and you
withdraw your request you don't want to pay the
E. Other important information
For Wisconsin residents:
Collection costs
If you are married, please contact us immediately upon receipt of this Agreement
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-855-408-1654 (TDD/TTY 1-888-819- and provide us with the name
costs for collecting amounts due, including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that we have
costs incurred by us or another person or entity.
opened credit account for you.
For bankruptcy notifications:
Changes
We may add, change, or delete the terms of your Account If required by appli-
All bankruptcy notices and related correspondence to Comenity Capital Bank
cable law, will give you advance written notice of the change(s) and a right to
should be sent to the following address Comenity Capital Bank, Bankruptcy
reject the change(s)
Department, PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account, now at any time the future and in accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
ing, to the extent that it would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
Changes to your information
ARBITRATION
PROVISION
BELOW
(INCLUDING
THE
JURY
TRIAL
WAIVER
You agree to notify 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).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
Prior to bringing a lawsuit or initiating an arbitration that asserts claim aris-
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out of related this Agreement (as further defined below. "Claim'
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the shall give the other party (the
Transfer of Rights/Assignment
Defendant' written notice of the Claim (a "Claim Notice' and
Your rights under this can't be transferred by you, by operation of law
opportunity, not than 30 days, to resolve the Claim. Any Claim Notice to you
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
shall be sent in writing to the address we have our records (or any updated
representatives. We may transfer or assign your Account and/or this Agreement,
address you subsequently provide to us). Any Claim Notice to shall be sent
or any of our rights under this Agreement, to another person or entity at any time
mail
Comenity
Capital
Bank,
PO
Box
182436
Columbus
Ohio
43218-2436
without prior notice to you or your consent.
(or any updated address we subsequently provide). Any Claim Notice you send
No Waiver of Rights
must
provide
your
name
address
and
Account
number.
Any
Claim
Notice
must
We can delay enforcing our rights under this Agreement without losing them.
explain the nature the Claim and the relief that is demanded. You may only
Severability
submit
Claim
Notice
on
your
own
behalf
and
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 a
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.
C. Arbitration provision
All provisions of this agreement are valid, enforceable and applicable in New
Jersev.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
F. Disputes and Reporting to Consumer Reporting Agencies
LOW,
WILL
BE
PART
OF
THIS
AGREEMENT
AND
WILL
HAVE
SUBSTAN-
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
You agree that credit report may be requested in connection
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
any
processing your credit application. A report may also be requested
prior arbitration agreement between you and us ("Prior Arbitration Agreement")
connection with credit extension, credit limit request, Account renewal or
to apply, you may reject by mailing us written rejection notice which gives the
update
Account
collection
action,
or
dispute
investigation
Upon
request,
name
of
each
Cardholder
and
contains
statement
that
you
(both
of
you,
if
more
we will tell you the name and address of any consumer reporting agency that
than one) reject the Arbitration Provision of this Agreement The rejection notice
furnished report on you. You to the obtaining such reports by
must
be
to
us
at
Comenity
Capital
Bank,
PO
Box
182422.
Columbus,
Ohio
signing or otherwise submitting an applicati or solicit
43218-2422. A rejection notice only effect tive is signed by you (all of you,
You understand that we may report negative information (such as, late pay-
if than one) and we receive within thirty (30) calenda days after the
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement written notice providing
reporting agencies
you right to reject this Arbitration Provision. Your rejection of this Arbitration
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability to
sumer reporting agencies and other creditors, as well as to the retai ler whose
obtain credit.
name appears on your Card.
2.
Parties
Subject
to
Arbitration:
Solely
as
used
in
this
Arbitration
Provision
Credit report disputes
(and not elsewhere in this Agreement) the terms 'us' and 'our" mean
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank. any parent, subsidiary or affiliate of the Bank and the
cy is inaccurate. you may submit direct dispute to Comenity Capital Bank, PO
employees, officers and directors of such companies (the "Bank Parties") and
Box 182120, Columbus, Ohio 43218-2120.
(b) any other person or company that provides any services in connection with
Your written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or company at the
and specify why the
same time assert Claim against any Bank Party.
Account Information: Your name and Account number
3. Covered Claims: 'Claim' means any claim, dispute or controversy between
Contact Information: Your address and telephone number
you
and
us
that
any
way
arises
from
relates
to
this
Agreement,
the
Account,
Disputed Information: Identify the Account information disputed and ex-
the any Card, any rewards program, any prior agreement
plain why you believe it inaccurate
"Claim" includes disputes arising from actions or prior to the date
Supporting Documentation: available provide copy of the section of the
any Card to you, including the ertising related to, 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
includes initial claims, counterclaims, cross-claims and third-party claims
30 days of receipt the information needed for our investigation. we fino 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.
law
and
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive declaratory relief) "Claim" does not
the
information.
include disputes about the validity, enforceability coverage 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 responsibilities 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
and/or
this
sentence);
all
such
disputes
are
If you there an 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 43218 2620
the validity or of the Agreement as a whole is for the
In your letter, give us the following information:
not
court,
to
decide.
Account information: Your name and 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 a
Description of problem: If you think there 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 is a mistake.
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
Claim
that
you
You must contact us
bring against us small claims court or your state's equivalent court, if any. But
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to different court, we then
At least 3 business days before an automated payment is scheduled, if you
have
the
right
to
demand
arbitration
to
stop
payment
on
the
amount
you
think
wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitration
You must notify us of any potential errors writing. You may call us, but if you
Association "AAA"). 1633 Broadway, 10th Floor, New York, NY 10019, www.
do 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 question
jamsad or any other company selected by mutual agreement 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 we receive your letter. we must do two things
to select an Administrator by mutual consent. the will be selected
1. Within 30 days of receiving your letter, we must tell you that we received your
by
court
The
arbitrator
will
appointed
by
the
Administrator
letter. We will also tell you we have already corrected the error.
with the rules of the However, the arbitrator must be retired
2. Within 90 days receiving your letter, we must either correct the error or
former judge lawyer with at least 10 years of experience. You to select the
explain to you why we believe the bill correct.
Administrator
if
give
written
notice
of
your
selection
with
your
notice
that
While we investigate whether or not there has been an error:
you are 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
to
require
on that amount
rbitration of the Claim, within 20 days after that dispute is finally resolved)
The charge question may remain on your statement, and we may continue
If
you
do
not
select
the
Administrator
on
time.
we
may
do
Notwithstanding
to
charge
you
interest
on
that
amount
any language in this Arbitration Provision 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
your
balance
istrator that has 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 invest tigation, 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 A CLAIM. YOU WILL NOT HAVE THE RIGHT TO
interest or other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. ALSO,
If we do not believe there was mistake You will have to pay the amount in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
question,
along
with
applicable
interest
and
fees.
We
will
send
you
ARBITRATION THAN IN 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 do not pay the amount we think you owe.
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
ELECT
TO
ARBI-
If you receive our explanation but still believe your bill wrong, you must write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN CLASS
to
us
within
10
days
telling
us
that
you
still
refuse
to
pay.
If
cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A PLAIN-
report you 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 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
we not follow all of the rules above you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
the amount 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 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
and/or
the
arbitrator
if
licable
law
requires
purchase.
to. you prevail the arbitration or we must bear such fees in order for this
To use this right, all of the following must be true:
Arbitration Provision to be enforced. If you demand an arbitration, pay
1. The purchase must have been made in your home state or within 100
miles
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.
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 services.)
is governed by the Federal Arbitration Act. 9 U.S.C. §§ 1-16 (the "FAA"), and
You must have your credit card for the purchase. Purchases made with
not by any state arbitration law. The arbitrator must apply applicable substantive
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
do
not
qualify
privilege recognized The arbitrator may award any remedy provided by the
3. must not yet have fully paid for the purchase.
substantive
law
that
would
apply
if
the
action
were
pending
in
court
(including
If all the criteria above are met and you are still dissatisfied with the purchase,
without limitation. punitive damages, which shall be governed by the Constitu-
contact us writing at:
tional
standards
employed
by
the
courts).
At
the
timely
request
of
either
party,
Comenity Capital Bank
the provide brief written 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 investigate, the same rules apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator either party may 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 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.
11.
Arbitration
Result
and
G. Optional products
Right
of
Appeal:
Judgment
upon
the
arbitrator's
award may be entered by any court having jurisdiction The arbitrator's decision
Credit insurance (as applicable)
is
final
and
binding,
except
for
any
right
of
appeal
provided
by
the
FAA.
However,
Purchasing credit insurance is optional. If you do choose to carry credit insurance
the amount of the Claim exceeds $50 .000 or involves a request for injunctive
coverage, the premium charge will be added to your Account as purchase
on
or declaratory relief that could foreseeably involve cost or benefit to either party
the last day of each billing period. You can cancel your coverage at any time.
exceeding $50,000, any party can, within 30 days after the entry of the award
Account Assure Debt cancellation (as applicable)
by
the
arbitrator,
appeal
the
award
to
three
arbitrator
panel
administered
by
the
Purchasing Account Assure is optional
Administrator. The panel shall anew any aspect of the initial award
Your decision whether or not to purchase Account Assure won't affect your
by the party. The decision of the panel shall be majority
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to "the arbitrator' shall mean the
with
panel an appeal 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 borne in accordance with Paragraph C.8. above.
balance your Account each month and will be added your Statement
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
We'l
provide
additional
information
before
required
pay
for
Ac
ment
of
all
amounts
under
this
Agreement,
the
closing
of
the
Account
any
count Assure. This will include copy of the terms and conditions pertain-
legal proceeding and any bankruptcy to the extent consistent with applicable
ing
to
Account
Assure
bankruptcy
In
the
event
of
conflict
inconsistency
between
this
Arbitra-
You cancel your Account Assure at any time
tion Provision, on the one hand. and the applicable arbitration rules or the other
There are eligibility requirements. conditions, and exclusions that could pre-
provisions
of
this
Agreement,
on
the
other
hand.
this
Arbitration
Provision
shall
vent you from receiving benefits under Account Assure.
This
Arbitration
Provision
replaces
any
Prior
Arbitration
Agreement
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision, other than the Class
of
Account
Assure.
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
H. Communicating with us
nevertheless
remain
in
force
If
determination
is
made
that
the
Class
Action
Waiver is only this sentence of the Arbitrati will re-
Communicating to you about your Account
main in force and the remaining provisions shall be null and void, provided that
If we need to contact you to service you Account or to collect amounts you owe
the cerning the Class Action Waiver shall be subject to
to
us.
direct
to
us,
as
well
as
agents,
and
14. Special Payment: If (1) you submit a Claim Notice in accordance with
collectors of your ccount. to communicate with you in any way, such as calling,
Paragraph
B
above
your
own
behalf
(and
behalf
any
other
party);
texting, or electronic mail via:
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
1)
a cell, landline, number you provide, use to contact us, or at which
subsequently
determines
that
you
were
entitled
to
such
relief
(or
greater
relief),
we believe reach you (even not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
2)
any electronic mail address you provide to us one of our merchants,
you are entitled)
3)
automated dialer systems and automatic telephone dialing systems.
4)
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
xxxxxiool (04/14)
state or federal law. and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 24.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method