IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR
258691013 (06/14)
ACCOUNT VIA TELEPONE.
Customers that opened their accounts via telephone will have up
B. Keeping your account in good standing
to 25 days from the date of application to review these Terms and
Avoiding default
either accept or reject them. You do not have to take any action
You'll be default under this Agreement if you:
if you accept these Terms.
Fail make any payment when due
Violate any provision of this Agreement
If you do not want to accept these Terms, you must contact the
Pass
away
bank at 1-855-497-8167 (TDD/TTY 1-800-695-1788) within
Become the subject of bankruptcy or insolvency proceedings
the 25 day period. Any purchases that may have posted to your
Supply us with misleading, false, incomplete or incorrect information
account will be removed and your account will be closed. You
Are unable unwilling perform the terms or conditions of this Agreement
Fai supply with any information we deem necessary
will then be required to make arrangements with the merchant to
Default under any other loan or agreement you have with us or any of our
change your payment method for any purchases you have made
affiliates
or return those purchases at no cost to you. This right to reject
Become incompetent
is only applicable to those customers that opened their accounts
Exceed your Credit Limit
via telephone.
Issue payment returned unpaid by your bank for any reason
If we consider your Account in default, we may suspend your ability to make
charges, close your Account, require you to pay the full amount you owe im-
Your J. Jill Credit Card account agreement.
mediately or take any other action permitted by If applicable law requires
This Agreement covers the Terms and Conditions of your account
us so, we'll tell you in advance and/or give you the opportunity to remedy
your default
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about using and managing your account, including a Privacy
If you notice the loss theft of your credit card or possible unauthorized use
Statement and information concerning your billing rights. Your
of your card. you should write to immediately at PO Box 183003 Columbus
use
of
the
account,
or
failure
to
close
the
account
within
the
Ohio 43218-3003 or call us at 1-800-329-9713 (TDD/TTY:
30 days of receiving this document, indicates your acceptance
You will not be liable for any unauthorized use occurs after you notify us. You
of the terms of this agreement, including the assessment of any
may, however, be liable for unauthorized use that occurs before your notice to us.
In any case, your liability will not exceed $50.
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of a dispute.
You have a right to reject this Arbitration Provision.
Your Account may consist of non promotional "Regular Revolving") Credit
Plan and one or more Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particula features (including but limited minimum purchase re-
of this Agreement and will:
quirements and minimum payment) may vary occasionally our discretion
o Eliminate your right to a trial by jury; and
and include one more Regular Revolving or promotional Credit Plans.
o
Substantially affect your rights, including your right
to
We may offer different promotional Credit Plans from time to time.
bring, join in or participate in class proceedings.
promotional Credit Plan offered at the time you open your Account,
this Agreement will include information about the terms for the Plan, by use
Please read each section carefully and keep this document for
of an insert, attachment, or other written information provided as part of this
your records
Agreement.
In the following sections, you will find information on:
Normal late fees. returned payment fees and all other provisions apply to
Financial terms of your account: An at- glance summary of the fees and charges
any promotional Credit Plan, unless inconsistent with particular Credit
associated
with
your
account
Plan offering.
A. Getting started: the basics of your account
If the promotional Credit Plan purchase isn't paid in full before the promo-
B. Keeping your account in good standing: avoiding default, and what to do if
tional period ends, the balance will be transferred to your Regular Revolving
your
card
is
lost
or
stolen,
balance
applicable
C.
Learning more about your account credit plans, and credit limits, and how
Promotional Credit Plans may include:
payments
are
calculated
and
applied
o Waive Interest Payment Required o Defer Interest, Payment Required
D.
Interest, fees and charges: when and how fees and costs are applied to your
o Waive Interest Equal Payment o Defer Interest. Low Payment
o Waive Interest Low Payment
o Low APR, Equal Payment
E. Other important information: legal rights, costs, and how we'll handle
o Defer Interest, Equal Payment
o
Budget Payment
changes
your
Skip-payment option
F.
Disputes and reporting to consumer reporting agencies: data we provide,
At our discretion, we may allow you to skip making the Minimum Payment.
and from reporting agencies and what to do you think
Finance Charges will be during the tip-payment period, late
there on your periodic statement
fee won't imposed. This will not be considered a waiver of any of the
rights
G. Optional products: how protect your account from fraud or theft,
granted
by
this
Agreement.
and
that can help pay your debt case of emergencies
All other terms of your Account apply during the skip-payment period.
Credit
limit
H.
Communicating with US: what happens when you contact us
I.
Arbitration and jury trial waiver: how we'll reso ve d disagreements, including
Your Credit Limit is the total maximum amount we permit you to owe us at
jury trial waiver and Arbitration provision
any time
Privacy statement: how we collect, use. share, and protect your personal informa-
You may not exceed any Credit Limit that we set for your Account
tion: and the privacy choices can make
If you do exceed your Credit Limit, we can still charge you for all transac-
Financial terms of your account
tions, interest and other charges without giving up any of our rights under
this Agreement.
Interest Rates and Interest Charges
We may change your Credit Limit at any time.
Account cancellation
Annual Percentage
26.99%
You may cancel your Account You'r still obligated to pay the full amount
you
owe
Rate (APR) for
This APR will vary with the market based
We may cancel your Account at any time, for any reason.
Purchases
on the Prime Rate.
We may refuse any purchase on your Account We may also
suspend your Account and your right to use your Card, including each Card
you
give
others.
Your due date is at least 25 days after
We may stop offering any Credit Plan at any time, for any reason.
the close of each billing cycle. We will
Cancellation or suspension of your Account doesn't negate your obligation to
How to Avoid
pay
any
amount
owe
Paying Interest
not charge you interest on purchases if
you
of your Account includes each Card you give to others
you pay your entire balance by the due
Minimum Payment
date each month.
You can pay all of your Account balance at any time without
Minimum Interest
If you are charged interest, the charge
penalty.
Charge
will be no less than $2.00 per credit
You must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown on your Statement
plan
The Minimum Payment the total the payments for the Regu-
For Credit
To learn more about factors to consider
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Card Tips from
The Total Minimum Payment won't be less than $25.00. your Account
when applying for or using a credit
the Consumer
balance less than $25.00, you must pay the amount indicated on your
card, visit the website of the Consumer
Statement
full
Financial
Financial Protection Bureau at http://
The minimum payment for each Credit Plan is calculated as follows:
Protection Bureau
www.consumerfinance.gov/learnmore.
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
terest, Payment Required and Defer Interest, Payment Required Credit
Fees
Plans will the greater of:
(a) $5.00:
Annual Fee
None
(b) 5% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan
Penalty Fees
0
The minimum payment for the Waive Interest Equal Payment and De-
Late Payment
Up to $35
fer Interest. Equal Payment Credit Plans be the amount of the pur-
Returned Payment
Up $25
chase divided by the number of months between the date of the pur-
chase and the promotiona period end date (minimum $5.00) rounded
How We Will Calculate Your Balance: We use a method called
up to the nearest $1.00.
o
"daily balance. See your Account agreement for more details.
The minimum payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Billing Rights: Information on your rights to dispute transactions
charges that be assessed from the date of purchase through the
and how to exercise those rights is provided in your account
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
agreement.
(minimum $5 rounded up the nearest $1 .00
o
The minimum payment for the Waive Interest, Low Payment and Defer
Rate Information: The following chart provides details on your rate as of June 1,
Interest, Low Payment Credit Plans will be the greater of:
2014. We divide the APR by 365 to determine the daily periodic rate.
(a)
$5.00
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Add Index
APR
Daily Periodic Rate
shown on your Statement for that Credit Plan.
Purchase APR
Payment
23.74%
26.99%
application
0.07394%
We reserve the right to apply payments equal to or less than the Total Mini-
We'll charge you minimum interest charge of $2.00 per credit plan for any
mum Paymen see fit, which may result in subject to
billing period in which interest is due. For additional information, see Rates in
lower interest rates being paid prior to other balances. This may also result
Section D.
in
higher
interest
charges
Any payment you make in excess of the required Total Minimum Payment
Minimum Payment:
will be allocated to your Account as required by applicabl law.
Excess
payments
received
before
deferred
The amount you must pay each billing period ( 'Total Minimum Payment") is the
interest
promotion
expires
are
total minimum payments for Regular Revolving and promotional Credit Plan
applied to the deferred interest promotional balance first in the last two bill-
plus any Past Due amounts. The Total Minimum Payment won't be
ing periods of the promotional period.
less
than
$25.00
If
your
Account
balance
less
than
$25.00
you
must
pay
the
D. Interest, fees and charges
amount indicated on your billing statement ("Statement" in full. The minimum
Interest charges in
payment due for each Regular Revolving Credit Plan will be the greater of:
If you make purchase under a Regular Revolving Credit Plan, interest
(a) $5.00;
charges won't be imposed any billing period in which (i) no Previous Bal-
(b) 5% the New Balance shown on your Statement for that
ance exists or (ii) payments received and credits issued by the Payment Due
Credit Plan (rounded up to the nearest $1.00).
Date equal exceed the Previous Balance.
See Minimum Payment in Section C below for promotional credit plan minimum
If the New Balance shown on your last Statement isn't paid in full by the
payment
calculations
Payment Due Date shown on your last Statement. there will be interest
The APR informati on described below is accurate as of June 1. 2014. Due to a
charge on each purchase from the date of purchase
change the index, this information may have changed. To find out more call
If you make purchase under any Waive Interest Credit Plan, we won't
us (TDD/TTY: 1-888-819-1918). or write Comenity
charge interest on the purchase you pay the total purchase amount be-
Capital Bank. PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
fore the end of the promotional period. you don't pay the total purchase
at iiillcard. .com
amount before the end of the promotional period, we'l add the remaining
A. Getting Started
amount to your Regular Revolving balance We'll also begin charging inter
Definitions
est on the purchase from the first day after the promotional period ends.
If you make purchase under any Defer Interest Promotional Credit Plan
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You"
and "Your' mean each person who submits application solicitation for an
and don't pay the total amount before the end of the promotional period,
Account
with
us.
we'l add the remaining purchase amount and the amount of accrued inter-
"Account"
means
your
credit
card
account
with
"Card"
est to your Regular Revolving balance.
means each credit card issue for your Account applicable. 'Credit Plan"
If you make a purchase under Low APR. Equal Payment Credit Plan,
means one or more payment program options J. Jill may ask us to offer from time
to time.
interest be assessed from the date of purchase through the end of the
promotional period.
Upholding your Agreement
How we calculate Interest Charges on your Account
You agree to the terms of this Agreement, and promise to do everything
We calculate interest separately for each Credit Plan. using "Daily Balance' to
required you. you sign submit an application solicitation to obtain
credit from us you'll be legally bound by this Agreement You'r also legally
determine interest charges for each billing period. Our calculation method is as
follows:
bound you sign charge slip, or permit someone else to use the credit
provided
We start with the beginning balance on your Account each day (including
unpaid
charges
and
fees).
You agree that the credit extended under your Account will be used only for
personal family or household purposes and not for business or commercial
We subtract any payments credit adjustments (treating any net credit
balance zero balance) and add new transact debit adjustments
purpose.
posted
of
that
day.
This
the
"Partial
Daily
Balance'
If the Account is joint Account, you and the joint Account holder will be
for
the
day.
bound by Agreement Each of you wil be jointly and individually respon-
We then multiply the Partial Daily Balance for the day the Daily Periodic
sible for repaying all amounts due. If more than one person is responsible
Rate This gives the "Daily Interest Charge" for the day, which we add to
the
day's
Partial
Daily
Balance
for this Account. will only provide billing statements and communica-
tions
one
you.
We've now determined the "Daily Balance, which will be the beginning
Any authorized of your Account will be bound by the terms of this
balance for the following day. This results in daily compounding of interest
charges.
Agreement. One additional Card may issued with the individual name of
an authorized user embossed the Card. If you want to revoke the use of
At the end of each billing period, we add together each Credit Plan's Daily
your Account an authorized either write us the address or call us
Interest Charge, which gives the total interest charge
at the phone number shown on your Statement
Your Statement will show Balance Subject to Interest Rate. which is the
You agree to pay for all transactions made on your Account by an authorized
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
user, whether or not such transactions were authorized by you or made for
Rates
your benefit.
Card signature (as applicable)
The Index in effect for each billing period will be the highest 'Prime Rate"
For your own protect ion, please sign your Card before using it. Keep in mind that
of interest as published in the "Money Rates' section The Wall Street
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Journal for the calendar month preceding the month which the billing pe-
incurred
begins, rounded upward if necessary, to the nearest .001% ("Index"
your
Account.
Any variable APR may increase if the Index increases.
Using your Account
An increase or decrease the APR will result corresponding increase
Your Account may be used to make purchases from J. Jil and other retailers
or decrease in the amount of interest and may increase the Total Minimum
we may determ occasionally by notifying via electronic mail, state-
Payment.
ment message, website posting, or other method.
Other fees and charges
We reserve the right to honor transactions related to including, but not
You agree to pay the following fees and charges:
limited to. gambling, ATM usage at casinos, and illegal activities.
Making payments
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
ment
Due
Date.
will
charge
you
late
fee.
Pay your Account by sending check, money order, or cashier's check pay
0
The fee $25.00 you were not charged a late fee during any of the
able in U.S. dollars to the name and address shown on your Statement
prior six billing periods
specified for payments Please don't send cash.
0
Otherwise the fee $35.00.
Be sure to include your payment stub, do not staple your payment to the
o
This fee will never exceed the minimum payment due that was due
stub. use the envelope provided with your Statement and don't send any
immediately prior to the date on which the fee was assessed.
correspondence with your payment
If your payment doesn't meet these requirements, it may not be credited to
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn'
honor
for
reason.
your Account for up five days, or may be rejected
0
The fee $25.00 you were not charged a returned payment fee dur-
All written concerning disputed amounts, including any
ing any of the prior six billing periods.
check other payment instrument marked with "payment in full' or similar
0
This fee will never exceed the minimum payment due that was due
language, must sent to 6550 North Loop 1604 East, Suite 101, San
immediately prior to the date on which the fee was assessed.
Antonio, Texas 78247-5004.
Although we may decide to do so, we aren't required to attempt to collect a
o
We may accept payment sent to any other address without losing any
payment more than once.
of
rights.
o
No payment shall operate as an accord and satisfaction without our
prior written approval.
Document Fees If we provide you with copy of any Statement sales draft
or similar document at your request (except in with billing
Phone monitoring
inquiries or resolution) we may charge the Account the following fee(s),
To provide you with high-quality service, phone communication
subject to any limitations of plicable law:
monitored
and/or
recorded
o
Statement copy $6.00
You agree that we monitor and/or record any phone betw
o
Sales/Credit Draft copy $6.00
us
o Check/Money Order copy $6.00
Please inform all authorized cardholders of this provision inclu
Alternative Payment Method Fee: We may offer alternative payment meth-
acting on your behalf or making payments on this Account
ods that allow you to make edited payments to your Account
For Wisconsin residents:
over
the
phone.
you
choose
use
this
payment
method
we
the
current
fee
may
assess
If you are married please contact US immedia upon receipt of thi
we
charge
for
this
service
subject
to
any
limitations
plicable
of
ap-
at -800-329-9713 (TDD/TT 888 18) and provide us
law
Currently
that
fee
up
to
$15.00
but
may
change.
We'll
let
and address of your spouse We are required to inform your spouse
you know the current fee before you authorize any payment(s), and you can
opened
credit
account
for
you.
withdraw request you don't want to pay the fee.
For bankruptcy notifications
E. Other important information
All bankruptcy and related correspondence to Comenity C
Collection costs
should be sent to the address Comenity Capital Bank,
To the extent not prohibited by applicable law, you agree to pay the reasonable
PO Box 183043, Columbus, Ohio 43218-3043.
costs
for
collecting
amounts
due
including
Arbitration and jury trial waiver
onable
costs incurred by us or another person or entity.
attorney's
fees
and
court
A. Jury trial waiver
Changes
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE AN
We may add, change, or delete the terms of your Account If required
cable law, will give you advance written notice of the change(s) and right to
by
appli-
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARIS OF o
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
WAIVER
SHALL
NOT
reject
the
change(s).
ARBITRATION PROVISION BELOW (INCLU UDING THE JURY TRI
Security Interest
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT T
You
grant
security
interest
in
al
goods
you
purchase
through
the
of
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
the
any time the future and in and proceeds of
B. Notice and cure
such goods. We any security interest we may have vour principal dwell-
Prior
bringing
lawsuit
or
initiating
an
arbitration
that
asserts
ing, to the that would otherwise secure any obligation arising he reunder.
related
this
Agreement
(as
further
defined
below.
Changes
to
your
information
the
party
asserting
the
Claim
(the
"Claimant
shall
give
the
othe
You agree to notify us immediately of any changes to your name, mailing address,
"Defendant")
notice
the
Claim
(a
'Claim
Notice'
and
electronic address or telephone number(s).
opportunity,
not
less
than
30
days
resolve
the
Claim.
Any
Claim
Governing Law
shall be sent writing to the address we have in our records (or
THIS
AGREEMENT
IS
GOVERNED
BY
AND
subsequently
APPLICABLE
provide
Any
FEDERAL
Claim
Notice
LAW.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
mai to Comenity Capital Bank, PO Box 182436, Columbus Ohio
MITTED OR REQUIRED BY APPLICABLE LAW.
updated address subsequently provide) Any Claim Not
Transfer
of
must provide your name. address and Account number. Any Claim
Your
rights
explain
the
nature
of
the
under
this
Claim
and
Agreement
relief
can't
be
that
transferred
by
or
you,
by
operation
of
otherwise,
law
but
obligations
will
be
binding
your
estate
submit Claim Notice on your behalf and not on any
or
No
third
representatives.
party,
other
than
We
may
transfer
lawyer
or
you
have
assign
your
Account
and/or
personally
this
or without any of our rights under this Agreement, to another person or entity at any time
Notice behalf The Claimant must
notice
to
you
or
your
consent
ing any information about the Claim that the other party reasonably
No
Waiver
of
Rights
C. Arbitration provision
We delay enforcing our rights under this Agreement without losing them.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO N
Severability
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRA
If any provision of this Agreement is conflict with applicable law, that provision
LOW. IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A
will be to be modified to conform with applicable law.
IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CL
Notice
to
New
Jersey
Residents
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTUI
1. Your Right to Reject: If you don't want this Arbitration Provisi
All provisions of this agreement are valid, enforceable and applicable in New
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitration
A
to apply you may reject by mailing us written rejection notice wh
F. Disputes and Reporting to Consumer Reporting Agencies
name
of
each
Cardholder
and
contains
statement
that
you
(both
of
Credit Reports
than one) reject the Arbitration Provision of this Agreement The reje
You give us permission to investigate your credit record
must be sent to us at Comenity Capital Bank, PO Box 182422. Colu
You
agree
that
credit
report
may
be
requested
in
connection
with
the
43218-2422. rejection notice only effective if is signed by you
processing of your credit application. A report may also be requested
if more than one) and we receive within thirty (30) calendar
connection
with
credit
tension,
credit
limit
date we first provide you with credit card agreement or written noti
request
Account
renewal
or
update Account collect action. or dispute investigation Upon request
you right to reject this Arbitration Provision. Your rejection of this
we
wil
tell
you
the
and
address
of
reporting
obtain
Provision will not affect any other provision of this Agreement or yo
agency
that
credit.
signing
furnishe report on you. You consent to the obtaining such reports by
or
otherwi
applicat
ion
or
solicitation
2. Parties Subject to Arbitration: Solely as used in this Arbitrati
(and
not
You lerstand that may report negative information (such as late
Agreement)
the
terms
and
pay-
Comenity
Capital
Bank,
ments, missed payments, or other defaults) about your Account to consumer
any
parent.
subsidiary
or
affiliate
of
the
employees,
officers
reporting
and
encies.
directors
of
such
(the
Bank
Pa
You
(b)
any
other
give
to
person
or
company
provide
information
that
provides
any
about
your
Account
to
this
you
assert
Claim
sume agencies and other creditors, as well as to the retailer whose
against
such
other
person
or
con
name
appears
on
your
Card.
assert Claim against any Bank Party.
3.
Credit report disputes
Covered
Claims:
Claim'
means
any
claim
dispute
or
you
that
If
you
believe
the
Account
information
any
way
arises
from
relates
we
reported
to
reporting
agen-
the
issuance
any
Card.
any
rewards
cy is inaccurate. may submit direct dispute to Comenity Capital Bank, PO
program,
any
"Claim"
prior
Box
182120
includes
Columbus
disputes
Ohio
arising
from
actions
prior
any
Card
was
issued
to
and
Your written dispute must provide sufficient information to identify the Account
you,
including
the
advert
related
specify
why
the
information
or approval of the Account "Claim" has the broadest
ap
inaccurate
includes
initial
claims,
Account Information: Your name and number
counterclaims.
claims
and
includes
Contact
disputes
Information:
based
Your
upon
contract
address
and
telephone
number
intentional
rights,
torts,
constitution
Disputed Information Identify the Account information disputed and ex-
statute
lation,
equity
why
(including
plain
any
claim
for
you
believe
declar
relief).
"Clai
include
disputes
about
validity
Supporting available. provide copy of the section of the
lity,
tration
coverage
Provision
credit
or
any
part
thereof
report
showing
the
(including,
without
Account
information
limitation.
th
you
are
disputin
against
class
private
We will investigate the disputed information and report the results to you within
attorney
proceedings
and
30
of
party
proceedings
days
described
receipt
of
the
Paragraph
C.7
(the
needed
'Class
investigation
If
Action
our
we
find
that
sentence
of
Paragraph
C.
13
the Account information reported inaccurate. will promptly provide the
and/or
this
a
court
and
disp
not
an
arbitrator
to
decide
However,
any
dispute
the information
necessary correction to each consumer reporting agency to which we reported
arbitrator
the validity enforceability of the Agreement as who
court
to
Your Billing Rights: Keep This Document For Future Use
decide.
4.
Starting
an
Arbitration:
Arbitrati
be
This notice tells you about your rights and our responsibilities under the Fair
elected
to
by
Claim,
any
any
even
party
that
Credit
Billing
party
already
initiated
Act.
lawsuit
different
Claim
started
What Do You Find A Mistake On Your Statement
by
giving
ritten
demand
to
the
other
party
We
will
not
demand
to
arbitrate
there
an
an
error
individual
Cla
on
statement
write
to
us
at:
Bank, PO Box 182620 Columbus, Ohio 4321 -2620
Comenity
Capital
us court or your state's quivalent
if
that
Claim
transferred
removed
or
In your letter, give us the following information
appealed
to
different
have
CO
the
right
to
demand
arbitration
Account information Your name and number
5.
Choosing
the
Administrator:
Dollar
Administrator'
amount:
The
dollar
means
the
Ameri
the
error
Association 1633 Broadway, 10th Floor, New York, NY
Description of problem: If you think there an error your bill,
describ
adr.org;
JAMS
620
Eighth
Avenue,
34th
Floor,
New
what you believe is wrong and why you believe t is a mistake.
York,
NY
You must contact us
or any other company selected by mutual
ties
both
AAA
and
JAMS
cannot
Within
or
60
the
not
serve
and
days
after
the
error
appeared
on
your
At
least
business
an hinistrator by mutual consent the Administrator
days
before
payment
is
scheduled,
if
by
The
arbitrator
you
wil
be
want
appointed
stop
by
the
payment
on
the
Administrator
amount
you
think
wrong.
You
must
notify
of
with the rules of the Administrator. However the arbitrator
us
any
poter
errors
writing,
You
may
call
us
but
if
you
judge
or
lawyer
with
least
10
years
of
do not to investigate any potential errors and you may have to pay
You
question
Administrator you give us written notice your with
electing
to
arbitrate
any
Claim
What Will Happen After We Receive Your Letter
within
20
days
after
we
When
receive
your
letter.
that electin to arbitrate any Claim (or. if you dispute our rigl
two
things
of
the
1.
Claim
within
Within
20
30
days
after
that
dispute
days
your
letter
tel
you
that
we
letter.
received
also
tell
your
you
you not select the Administrator on time. we may do Notv
we
have
already
the
error.
any
language
in
this
Arbitration
Provision
to
2. Within 90 days of ceiving your letter. must either correct the error or
the
contrary,
arbitra
explain
to
we
the
bill
the consent of all parties to the arbitration. by
correct.
While
we
investigate
istrator that has in place formal or informa policy that is inconsist
whether
not
there
has
been
an
error:
Action
Waiver
We
cannot
try
to
collect
the
amount
in
question
or
report
that
you
as
on
delinquent
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rig
The
OR ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE TH
charge
question
remain
on
your
statement,
and
to
we
charge
you
interest
may
continue
that
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CL
on
amount
While
not
have
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIM
to
pay
the
amount
in
question,
the
you
are
responsible
for
ARBITRATION THAN IN LAWSUIT. OTHER RIGHTS THAT YOU W
of
your
balance.
can
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE ARBIT
apply
any
unpaid
amount
against
your
credit
limit.
7.
Prohibition
Against
Certain
Proceedings:
IF
After we finish our investigation one of two things will happen
YOU
OR
WE
ELEC
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE
mistakes You will not have to pay the amount in question
or
ACTION
any
IN
COURT
OR
IN
CLASS
WIDE
ARBITRATION
other
fees
EITHER
related
that
A
to
amount
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR W
not
believe
there
mistakes
will
have
to
pay
the
amount
in
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITE
along with applicable interest and fees We will send state-
ment
of
the
amount
BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED O
you
owe
and
the
date
payment
is
due.
We
may
then
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PE
If
report you delinquent you do not pay the amount think you owe
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY
you
our
explanati
on
but
still
believe
your
bill
wrong,
you
must
write
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL AR
within 10 days telling us that you still refuse to pay. you do cannot
OR MULTIPLE-PARTY ARBITRATION.
report
delinquent
without
also
reporting
that
you
your
8. Location and Costs of Arbitration: Any arbitration hearing
We must the name of anyone whom we reported you as
that
take reasonably convenient to you.
must let those organizations know when the matter has been
all
fees
of
the
Administrator
and/or
between
the
arbitrator
if
applicable
law
to. you prevail the arbitration or we must bear such
follow
all
of
the
rules
above
you
do
not
have
to
pay
the
first
$50
of
Provision
to
be
enforced
If
you
bill
demand
an
arbitratio
and
Your
experts
fees
Rights
If
You Are
you
Dissatisfied
With
prevail
we
mu
Your
Credit
Card
Purchases
fees in order for this Arbitration Provision to be enforced Also,
If you dissatisfied with the goods services that you have purchased
with
fees
law
requires
us
to
your
credit
card,
and
you
have
tried
good
faith
to
correct
the
problem
the
9. Governing Law: This Arbitration Provision involves interstate
merchant, you may have the right not to pay the remaining amount due the
purchase.
the Federal Arbitration Act 9 U.S.C §§ (the
not
by
any
state
arbitration
law.
The
arbitrato
To this right, all of the following must be true:
must
apply
The
law with the FAA and applicable statutes of limitations
purchase
have
been
made
your
home
state
or
within
100
miles
privilege
recognized
at
law.
The
arbitrato
of your current mailing address and the purchase price must have been
may
award
any
remedy
$50.
(Note:
substantive law that would apply the action pending
Neither
of
these
are
necessary
if
purchase
was
based
on
without
limitation.
punitive
damages
which
shall
be
an advertisement we mailed to you, or if we own the company that sold you the
tional
standards
by
employed
by
the
courts)
services.
At
the
timely
request
the
arbitrator
of
must
2.
provide
a
brief
written
You
must
have
the
basis
used
your
credit
card
for
the
purchase.
Purchases
made
with
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
obta
advances from an ATM or with a check that accesses your credit card
ac-
pursuant
the
arbitration
rules
of
do
the
not
either
qualify
a
written
request
party
to
the
arbitrator
to
expand
the
scope
of
You must not yet have fully paid for the purchase
lowable
under
the
arbitration
rules
of
the
Administrator.
of the criteria above are met and you are still dissatisfie with the purchase,
The
arbitrato
discretion
or
deny
that
contact
us
writing
at:
Comenity Capital Bank
11. Arbitration Result and Right of Appeal:
upon
the
award
may
be
by
court
PO Box 182620 Columbus. Ohio 43218-2620
jurisdiction
The
is
and
binding,
except
for
any
right
While
we
appeal
investigate.
provided
by
the
FA
the
same
rules
apply
to
the
disputed
amount
as
amount
of
the
Claim
above
After
$50,000
finish
or
involves
our
investigation
we
will
tell
or
declaratory
request
you
our
At
that
that
could
eably
point. we think you owe an amount and you do not pay we may report you as
exceeding
$50,000.
any
party
delinquent
within
30
days
after
the
by
the
arbitrator
entry
appeal
the
award
to
three
panel
G. Optional products
Administrator
The
panel
shall
anew
any
aspect
of
the
Credit insurance (as applicable)
requested
by
the
party.
The
decisic
of
the
panel
Purchasing
credit
this
Arbitration
optional
If
Provision
you
choose
to
'the
do
to
arbitrator"
carry
credit
insurance
panel
if
an
appeal
of
coverage, the premium charge will be added your Account as purchase on
the
decision
has
been
taken.
The
the
last
day
of
each
billing
period
You
cancel
Paragraph
C.8
above
your
coverage
at
any
time
12.
Rules
Account Assure Debt cancellation (as applicable)
of
Interpretation:
This
Provision
shall
all
under
this
Purchasing
Account
Assure
is
Agreement
the
optional
closing
of
the
Your
decision
whether
or
not
legal and any ankruptcy to the extent consistent wit
to
purchase
Account
Assure
won't
affect
your
law
the
event
of
application for credit or the terms of any existing credit agreement you have
inconsistency
between
with
us.
tion Provisi on the one hand and the appl icable arbitration rules
provisions
of
this
nent
on
The
the
monthly
fee
for
other
hand,
this
Account
Assure
Arbitration
Pro
is
based
the
outstanding
balance
Account
monthly
each
month
and
govern. T rbitration Provis replaces any Prior Arbitration Agr
added
your
13.
Severability:
If
any
portion
of
this
We
provide
additional
Arbitration
information
before
Provision,
other
you'r
to
pay
for
Ac
Assure This will include copy of the terms and conditions pertain-
Action Waiver invalid or unenforceable. the remaining p
remain
in
to
Account
force.
determination
Assure
is
ing
made
that
the
You can cancel your Account Assure at any time.
Waiver only this sentence of the Arbitration Agree
There
are eligibility and exclusions that could pre-
main force and the remaining provisions shall be null and void,
vent
you
from
receiving
benefits
the cerning the Class Action Waiver shall be
under
Account
Assure
14.
Special
Payment:
If
(1)
Be sure to carefully read the Addendum for full explanation of the terms
you
submit
Claim
Notice
in
of Account Assure
ragraph above your own behalf (and not on behalf of
(2)
refuse
to
provide
you
with
the
relief
H. Communica ting with us
you
request;
and
bsequently determines that you were entitle to such relief (or
Communicating to you about your Account
the arbitrator shall award you at least $5,100 (plus any fees and
If
we
need
to
contact
you
service
Account
you are entitled)
your
or
to
collect
amounts
to
you
owe
us,
you
give
direct
consent
to
us,
as
well
as
agents,
contractors
and
collectors your Account to communicate with you in any way, such as calling,
comenity
Comenity Capital Bank, Salt Lake City, UT
texting,
via:
1)
cell. landline. or text number you provide use to contact us, or at which
329AI
we believe reach you (even it is not yours).
2586910
2)
any electronic mail address you provide to us or one of our merchants.
automated
dialer
systems
and
automatic
telephone
dialing
systems
4)
pre-recorded or artificial voice messages and other forms of communica-
tions
You also agree that these communications aren't unsolicited for purposes of any
state or federal law and you understand that this may result in additional mobile,
text message, or data charges.
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 $25
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method