Your Ideal Image Credit account agreement.
326501006 (03/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default, we may suspend your ability to make
about
using
and
managing
your
account,
including
Privacy
charges, close your Account require you pay the ful amount you owe im-
a
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
use of the account, or failure to close the account within the
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
your default
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
you notice the loss theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to immediately at PO Box 183003, Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call us at 1-866-490 9888 (TDD/TTY 1-888-819-1918)
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may however, be liable for unauthorized use that occurs before your notice to us.
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
0 Eliminate your right to a 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 minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records.
and include one more Regular Revolving promotional Credit Plans
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time
Financial terms of your account: An at glance summary of the fees and charges
promotional Credit Plan offered at the time you open your Account,
iated
this Agreement will include information about the terms for the Plan, by use
with
your
account
A. Getting started: the basics of your account
of insert, attachment, or other written information provided as part this
Agreement.
B. Keeping your account in good standing: avoiding default, and what to do if
your card is lost stolen, as applicable
Normal late fees. returned payment fees and all other provisions apply to
C.
Learning more about your account credit plans, and credit limits, and how
any promotional Credit Plan, unless inconsistent with particular Credit
Plan offering.
payments calculated and applied
D. Interest, fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn't paid in full before the promo-
account
tional period ends, the balance will be transferred to your Regular Revolving
balance.
E.
Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes your
F.
o Waive Interest Payment Required o Defer Interest Payment Required
Disputes and reporting to consumer reporting agencies: data we provide,
0 Waive Interest Equal Payment
o Defer Interest. Low Payment
and receive from, consumer reporting agencies, and what to do you think
o Waive Interest Low Payment
there error or your periodic statement
Low APR. Equal Payment
o Defer Interest Equal Payment
o
G. Optional products how to protect your account from fraud or theft, and
Budget Payment
Skip -payment option
information services that can help pay your debt in case of emergencies
H.
Communicating with us what happens when you contact us
At our discretion, we may allow you to skip making the Minimum Payment
I.
Arbitration and jury trial waiver: how we'l resolve disagreements, including
Finance Charges will be assessed during the skip -payment period, but late
jury trial waiver and Arbitration provision
fee won't be imposed. This will not be considered a waiver of any of the
Privacy statement: how we collect use. share, and protect your personal informa-
righ granted by this Agreement.
tion; and the privacy choices can make.
All other terms of your Account apply during the skip -payment period.
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 still charge you for all transac-
Annual Percentage
26.99%
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
This APR will vary with the market based
this
Agreement.
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account. You still obligated to pay the full amount
Your due date is at least 25 days after
you
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
you
give
to
others.
date each month.
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' negate your obligation to
Charge
pay
any
amount
will be no less than $2.00 per credit
you
owe
us.
Cancellation of your Account includes each Card you give to others.
plan
Minimum
Payment
For Credit
To 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
must pay at least the Total Minimum Payment for each billing period by
Financial
the Payment Due Date shown on your Statement
Financial Protection Bureau at http://
The Minimum Payment the total of the minimum payments for the Regu-
Protection Bureau www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00. If your Account
Fees
balance less than $25.00, you must pay the amount indicated on your
Statement full.
Annual Fee
None
The payment for each Credit Plan calculated as follows:
o
Penalty Fees
The minimum payments for Regular Revolving Credit Plans, Waive In-
terest. Payment Required and Defer Interest, Payment Required Credit
Late Payment
Up to $35
Plans will be the greater of
Returned Payment
Up $35
(a) $5.00:
(b) 4% (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown on your Statement for that Credit Plan.
'daily balance. See your Account agreement for more details.
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-
chase divided by the number of months between the date of the pur-
and how to exercise those rights is provided in your account
chase and the promotional period end date (minimum $5.00) rounded
agreement.
up to the nearest $1.00
o
The minimum payment for the Low APR Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of March 1,
will be the amount of the purchase including the calculat interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges will be assessed from the date of purchas through the
end of the promotional period divided by the number months be-
Add Index
APR
Daily Periodic Rate
tween the date the purchase and the promotional period end date
(minimum $5.00) to the nearest $1.00
Purchase APR
23.74%
26.99%
0.07394%
o
The payment for the Waive Interest Low Payment and Defer
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of:
(a) $5.00
billing period in which interest is due. For additional information, see Rates in
Section
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
shown on your Statement for that Credit Plan.
Payment application
The amount you must pay each billing period ("Total Minimum Payment" is the
total
of
minimum
payments
for
Regular
Revolving
and
We reserve the right to apply payments equal to or less than the Total Mini-
promotional
Credit
Plan
purchases plus any Past Due amounts. The Total Min imum won't be
mum Payment however we see fit. which may result balances subject to
less than $25.00 If your Account balance is less than $25 00, you pay the
lower interest rates being paid prior to other balances. This may also result
amount indicated on your billing statement ("Statement in full. The minimum
in higher interest charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment you make in excess of the required Total Minimum Payment
(a) $5.00; or
will be allocated to your Account as required by applicable law.
(b) 4% of the New Balance shown on your Statement for that
Excess payments received before deferred interest promotion expires
are
Credit Plan (rounded up to the nearest $1.00).
applied to the deferred interest promotional balance first in the last two bill.
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
payment
calculations
D. Interest, fees and charges
The APR information described below is accurate as of March 1. 2014. Due to
Interest charges
a change in the index, this may have To find out more
If you make purchase under a Regular Revolving Credit Plan, interest
us at 9888 (TDD/TTY: 1-888-819-1918 or write at Comenity
charges won't be imposed in any billing period in which no Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
at comenity. net/idealimage.
Date. equal or exceed the Previous Balance
A. Getting Started
If the New Balance shown your last Statement isn' paid in full by the
Definitions
Payment Due Date shown on your last Statement, there will be an interest
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You"
charge on each purchase from the date of purchase.
and "Your" mean each person who submits application or solicitation for
If you make purchase under any Waive Interest Credit Plan, we won't
Account with us. "Account" means your credit account with 'Card" means
charge interest on the purchase you pay the total purchase amount be-
each credit card we issue for your Accoun applicable. 'Credit Plan' means
fore the end of the promotional period. you don't pay the total purchase
one or more payment program options Ideal Image may ask us to offer from time
amount before the end of the promotional period, add the remaining
time.
amount to your Regular Revolving balance We'l also begin charging inter-
Upholding your Agreement
est the purchase from the first day after the promotional period ends.
You agree to the terms of this Agreement, and promise to do everything
If you make purchase under any Defer Interest Promotional Credit Plan
required you sign submit an application or solicitation to obtain
and don't pay the total amount before the end of the promotional period.
credit from us, you'l be legally bound by this Agreement You're also legally
we'l add the remaining purchase amount and the amount of accrued inter-
est to your Regular Revolving balance.
bound you sign charge slip, or permit someone else to use the credit
provided.
If you make a purchase under a Low APR, Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will be assessed from the date of purchase through the end of the
promotional period.
personal, family or household purposes and not for business or commercial
purpose.
How we calculate Interest Charges on your Account
the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan using "Daily Balance to
bound by this Agreement. Each of you will be jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
sible for repaying all amounts due. more than one person is responsible
follows:
for this Account. we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions to one you.
unpaid interest harges and fees)
Any authorized user of you Account will be bound by the terms of this
We subtract any payments credit adjustments (treating any net credit
Agreement. One Card may be issued with the individual name of
balance zero balance) and add new transactions and debit adjustments
an authorized user embossed on the Card. you want to revoke the use of
posted as of that day. This gives us the Partial Daily Balance' for the day
your Account by an authorized user, either write us at the address, or call us
then multiply the Partial Daily Balance for the day by the Daily Periodic
the phone number. shown on your Statement
Rate This gives us the "Daily Interest Charge' for the day, which we add to
You agree pay for all transactions made on your Account by an authorized
the day's Partial Daily Balance
user. whether or not such transactions were authorized by you or made for
We'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
Card signature (as applicable)
charges.
For your own protection please sign your Card before using it. Keep in mind that
At the end of each billing period we add together each Credit Plan's Daily
your signature on the Card isn't prerequisite to your obligation to pay amounts
Interest Charge, which gives us the total interest charge
incurred
on
your
Account.
Your Statement will show Balance Subject to Interest Rate which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
Your Account may be used to make purchases from Ideal Image and other
Rates
retailers we may determine occasionally by notifying via electronic mail,
statement website posting, or other method
The Index in effect for each billing period will be the highest "Prime Rate'
We reserve the right not honor transactions related to, including, but not
of interest as published in the "Money Rates' section of The Wall Street
limited to. gambling, ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month in which the billing pe-
Making payments
riod begins, rounded upward necessary the nearest .001% ("Index
Any variable APR may increase the Index increases
Pay your Account by sending check, money order or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
An increase or decrease the APR will result in corresponding increase
specified for payments Please don't send cash.
or decrease in the amount of interest and may increase the Total Minimum
Payment
Be sure to include your payment stub, do not staple your payment to the
Other fees and charges
stub, use the envelope provided with your Statement and don't send any
correspondence
You agree to pay the following fees and charges
with
your
payment.
If your payment doesn't meet these requirements it may not be credited to
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
ment
Due
Date,
your Account for up to five days, or may be rejected.
charge
you
late
All written communications concerning disputed amounts, including any
o The fee $25.00 you were not charged a late fee during any of the
check other payment instrument marked with "payment in full" or similar
six billing periods.
o
therwise, the $35 ,00
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
o
Antonio, Texas 78247-5004.
This fee wil never exceed the minimum payment due that was due
o
We may accept payment sent to any other address without losing any
mediately prior to the date on which the was assessed
of our rights
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn't
honor
for
o
No payment shall operate as an accord and satisfaction without our
any
reason
prior written approval
0 The fee is $25. if you were not charged returned payment fee dur-
any of the prior six billing periods
B. Keeping your account in good standing
o
Otherwise the fee is $35.00
Avoiding default
0
This fee will never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
immediately prior to the date on which the fee was assessed
Fail to make any payment when due
Although we may decide to do so we aren' required to attempt to collect a
Violate any provision of this Agreement
payment more than once
Pass
away
Document Fees: we provide you with copy of any Statement sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing
Supply us with misleading false, incomplete or incorrect information
inquiries or resolution), we may charge the Account the following fee(s),
Are unable or unwilling to perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
Fail to supply us with any information we deem necessary
o
Statement
copy
$6.00
Default under any other loan or agreement you have with us or any of our
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee We may offer alternative payment meth-
Exceed your Credit Limit
ods that allow you to make individual expedited payments to your Account
Issue payment returned unpaid by your bank for any reason
over the phone. If you choose to this payment method we may assess
the current fee we charge for this service subject to any limitations of ap-
plicable law. Currently, that fee up to $15.00 but may change. We'll
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E Other important information
For Wisconsin residents:
Collection costs
If you are married. please contact us immediately upon receipt of this Agreement
To the extent not prohibited by applicable law. you agree to pay the reasonable
at 1-866-490-9 9888 (TDD/TTY 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.
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account If required by appli
All bankruptcy notices and related correspondence to Comenity Capital Bank
cable law, we will give you advance written notice of the change(s) and 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 all 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
your
principal
dwel
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
ing, the extent that would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
Changes to your information
ARBITRATION
PROVISION
BELOW
(INCLUDING
THE
JURY
TRIAL
WAIVER
You agree to notify 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 PPLICABLE FEDERAL LAW.
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim
aris-
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out or related to this Agreement (as further defined below, "Claim"
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the "Claimant") shall give the other party (the
Transfer of Rights/Assignment
"Defendant")
written
notice
of
the
Claim
(a
"Claim
Notice"
and
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
personal
shall
be
sent
writing
to
the
address
we
have
in
our
records
(or
any
updated
representatives. We may transfer or assign your Account and/or this Agreement,
address you subsequently provide us). Any Claim Notice to shall be sent by
or any of our rights under this Agreement, to another person or entity at any time
mail to Comenity Capital Bank, PO Box 182436, Columbus. 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 of the Claim and the relief that is demanded. only
Severability
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
of
any
other
party.
If any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer you have personally ained, may submit
will be considered to be modified to conform with applicable law.
Claim Notice on behalf The Claima must reasonably cooperate provid-
Notice to New Jersey Residents
ing any about the Claim that the other party reasonably requests.
All provisions of this agreement are valid, enforceable and applicable in New
C. Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE
LOW,
IT
WILL
BE
PART
OF
THIS
AGREEMENT
AND
WILL
HAVE
SUBSTAN-
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
You give us permission to investigate 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 with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
processing of 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 or
to apply, you may reject by mailing written rejection notice which gives the
update
Account
collection
action,
or
dispute
investigation.
Upon
name
of
each
Cardholder
and
contains
statement
that
you
(both
of
you,
more
we will tell you the name and address of any insumer reportir agency that
than one) reject the Arbitration Provision of this ment. The rejection notice
furnished report on you. You consent to the obtaining of such reports by
be sent to at Comenity Capital Bank. PO Box 182422 Columbus, Ohio
signing otherwis submitting application or solicita
3218-2422. rejection notice only effective signed by you (all you,
You understand that may report negative information (such as, late pay-
if more than one) and we receive it within thirty (30) calendar days after the
ments, missed payments, or other defaults) about your Account to consumer
date first provide you with credit card agreement or written notice providing
reporting agencies
you right to reject this Arbitration Provision. Your rejection of this Arbitration
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability to
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain credit.
name appears on your Card.
2.
Parties
Subject
to
Arbitration:
Solely
as
used
in
this
Arbitration
Provision
Credit
report
disputes
(and not elsewhere this Agreement) the terms (a)
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
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 you assert Claim against any Bank Party.
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim. dispute or controversy between
Contact Information: Your address and telephone number
you us that any way arises from relates to this Agreement, the
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: If available provide copy of the section of
the
any Card issued to you, including the advertising 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 of the needed for our investigation If we find that
includes disputes based upon contract, tort, consumer rights, fraud other
the
Account
information
we
reported
is
inaccurate,
we
will
promptly
provide
the
intentional
torts,
constitution,
statute.
regulation,
ordinance,
common
law
and
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive declaratory relief). "Claim" does
the
information
include disputes about the validity, enforceability, coverage scope of this Arbi-
Your Billing Rights: Keep This Document For Future Use
tration Provision 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
you think there error or your ement, write to us at: Comenity Capital
a court and not arbitrator to decide. However, any dispute or argument that
Bank, PO Box 182620, Columbus Ohio 43218-2620
concerns the validity or forceability of the Agreement as whole is for the
In your letter, give us the following information:
arbitrator,
not
court
to
decide.
Account information: Your name and number.
4. Starting an Arbitration Arbitration may be elected by any party
Dollar amount: The dollar amount the suspected error.
to any Claim, even that party has already initiated lawsuit with respect to
Description of problem: If you think there an error on your bill, describe
different Claim. Arbitration is started by giving written demand arbitratic
what you believe is wrong and why you believe it is a mistake.
to the other party. We not demand to arbitrate an individual Claim that
You
must
contact
bring against us in small claims court or your state's equivalent court. any. But
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to different court, we then
At least business days before an automated payment is scheduled, if you
have the right to demand arbitration.
want to stop payment on the amount you think is wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitration
You must notify us of any potentia errors in writing You may call us, but if you
Association "AAA"), 1633 Broadway, 10th Floor. New York, NY 10019, www.
do not required to investigate any potential errors and you may have to pay
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor,
New
York,
NY
10018,
www.
the
amount
in
question
jamsadr.com; 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
unable
receive your letter, must things:
to select an Administrator by mutual consent the Administrator will be selected
1 Within 30 days of receiving your letter, must tell you that we received your
by
court.
The
arbitrator
will
be
appointed
by
the
Administrator
letter. We also tell you we have already corrected the error.
with the rules of the However the arbitrator must be retired
2 Within 90 days of receiving your letter, we must either correct the error or
former
judge
lawyer
with
at
least
10
years
experience.
You
get
select
the
explain to you why we believe the correct.
strator
you
give
us
notice
of
your
selection
with
your
notice
While we investiga whether or not there has been an error
you are electing to arbitrate any Claim within 20 days after we give notice
We cannot try to collect the amount in question, or report you as delinquent
that are electing to arbitrate Claim (or, if you dispute our right to require
on
that
amount
arbitration the Claim, within 20 days after that dispute is finally resolved)
The charge in question may remain on your statement, and we may continue
If
you
do
not
select
the
Administrator
on
time,
we
may
do
it.
Notwithstandin
to charge you interest on that amount.
any language this Arbitration Provision to the contrary, no arbitration may be
While you to pay the amount in question, you are responsible for
administered,
without
the
consent
of
all
parties
to
the
arbitration,
by
any
Admin
the
remainder
of
your
balance
istrator that has place formal or informal policy that is inconsistent with the
We can apply any unpaid amount against your credit limit.
Class
Action
Waiver.
After we finish our investigation one of two things will happen
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF YOU
we made mistake You will not to pay the amount in question or any
OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT TO
interest
other
fees
related
to
that
amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. ALSO,
If we not believe there was mistake You will have to pay the in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
question, along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN A 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 TO COURT MAY ALSO NOT BE AVAILABLE ARBITRATION
report
you
as
delinquent
you
not
pay
the
amount
we
think
you
owe.
7. Prohibition Against Certain dings: IF YOU OR WE ELECT TO ARBI-
If you receive our explanation but still believe your bill wrong, you must
TRATE
CLAIM:
(1)
YOU
NOR
WE
MAY
PARTICIPATE
IN
A
CLASS
to
us
within
10
days
telling
us
that
you
still
refuse
to
pay.
If
you
do
so.
cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS PLAIN-
report you as delinquent without also reporting that you are questioning your bill
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY ACT
We
must
tell
the
name
of
anyone
to
whom
we
reported
you
as
delinquent,
AS
A
PRIVATE
ATTORNEY
you
GENERAL
IN
COURT
OR
IN
ARBITRATION:
(3)
and we must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
between
DATED
WITH
CLAIMS
BROUGHT
BY
OR
AGAINST
ANY
OTHER
PERSON:
AND
If 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 is 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 attend
your credit card, and you have tried good faith to correct the problem with the
must take place at location reasonably convenient to you. We will pay any and
merchant, you may have the right not to pay the remaining amount due on the
all
fees
of
the
Administrator
and/or
the
arbitrator
if
applicable
law
requires
us
purchase.
to. if you prevail in 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
The purchase must have been made your home state or within 100
miles
your and experts fees you prevail or we must
of your current mailing address, and the purchase price must have been more
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
law
us
an advertisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce
and
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 16 (the "FAA"), and
2. You must have used your credit card for the purchase. Purchases made with
not by state arbitration The arbitrator must apply applicable substantive
cash advances from an ATM or with check that accesses your credit card ac-
law
consistent
with
the
FAA
and
applicable
statutes
of
limitations
and
claims
of
count do not qualify.
privilege recognized at law. The rbitrator may award any remedy provided by the
3. You must not yet have fully paid for the purchase
substantive
law
that
would
apply
the
action
were
pending
in
court
al of the criteria above are met and you are still dissatisfied with the purchase,
without limitation. punitive damages, which shall be governed by the
contact writing at:
tional
standards
employed
by
the
courts).
At
the
timely
request
of
either
party,
Comenity Capital Bank
the arbitrator must provide a brief written explanation of the basis for 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
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
expand
the
scope
of
discovery
normally
al-
point, we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules of the Administrator. The arbitrator shall have
delinquent.
discretion
to
or
deny
that
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
award may be entered by any court having jurisdiction. The decision
Credit insurance (as applicable)
is final and binding, except for any right of appeal provided by the FAA. However
Purchasing credit is optional. If you do choose to carry credit
the amount of the Claim exceeds $50 000 or involves 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 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
hree-arbitrator
panel
administered
by
the
Purchasing Account Assure is optional
Administrator. The panel shall reconsider anew any aspect of the initial
Your
decision
whether
or
not
purchase
Account
Assure
won't
affect
your
requested
by
the
appealing
party.
The
decision
of
the
panel
shall
be
by
majority
application for credit or the terms of any existing credit agreement you have
vote. 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 be borne accordance with Paragraph 8. above.
balance on your Account each month and added to your Statement
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
We'll provide additional information before you required to pay for Ac-
ment of all amounts owed 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
consiste
with
applicabl
ing
to
Account
Assure
ankruptcy law. In the event of conflict or inconsistency this Arbitra-
You your Account Assure at any time
tion
Provision,
on
the
one
hand.
and
the
plicable
the
other
There are eligibility requirements and exclusions that could pre-
provisions of this reement, on the other hand, this Arbitration shall
vent you from receiving benefits under Account Assure
govern This Arbitration Provisio replaces any Prior Arbitration Agreement.
Be sure to carefully read the Addendum for a 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 unenforceable, the remaining portions shall
H. Communicating with us
nevertheless
remain
in
force.
If
determination
is
made
that
the
Class
Action
Communicating to you about your Account
Waiver is unenforceable, only this sentence of the Arbitration Agreement will
main
in
force
and
the
remaining
provisions
shall
be
null
and
void,
provided
that
If we need to contact you to service your Account or to collect amounts
the determination concerning the Class Action Waiver shall be subject appeal.
to you give direct consent to us, as well servicers, agents, contractors and
14.
Special
Payment:
(1)
you
submit
Claim
Notice
in
accordance
with
collectors of your Account, to communicate with you in any way, such as calling,
Paragraph above on your own behalf (and not on behalf of any other party);
texting, or electronic mail via:
(2)
we
refuse
to
provide
you
with
the
relief
request;
and
(3)
arbitrator
1)
cell, landline, or text number you provide, use to contact us, or at which
subsequently determines that you were entitled to such relief (or greater relief)
we believe we can 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 one of our merchants,
you are entitled)
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
comenity
Comenity Capital Bank, Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
326501006 (03/14)
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 igh-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method