Your Crate and Barrel Credit Card account agreement.
817921022 (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
charges, close your Account, require you to pay the full amount you owe im-
about using and managing your account, including a Privacy
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
us so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
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
If you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, should write to us immediately at PO Box 182273, Columbus,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 18-2273 or call at 1-866-258-0114 (TDD/TTY: 1-800-695-1788).
You will not be liable for any unauthorized that occurs after you notify us. You
an Arbitration Provision in the event of a dispute.
may, however be liable for unauthorized that occurs before your notice to us.
You have a right to reject this Arbitration Provision.
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
Your Account may consist of non-promotional "Regular Revolving" Credit
0
Substantially affect your rights, including your right
to
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
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records.
and include more Regular Revolving or promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
In the following sections, you will find information on:
If a promotional Credit Plan is offered at the time you open your Account,
Financial terms of your account: An at -glance summary of the fees and charges
this Agreement will include information about the terms for the Plan, by use
associated with 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
your
card
lost
or
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 lated 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
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 o Defer Interest, Low Payment
and receive from, consumer reporting agencies, and what to do if you think
o Waive Interest, Low Payment
o Low APR, Equal Payment
there is an error on your periodic statement
o Defer Interest, Equal Payment
o 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, but late
I.
Arbitration and jury trial waiver how we' resolve disagreements, including
fee won't imposed. This will not be considered a waiver of any of the
a 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 choices 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 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're still obl igated to pay the full amount
Your due date is at least 25 days after
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
suspend your Account and your right to use your Card, including each Card
you pay your entire balance by the due
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 suspension of your Account doesn't negate your obligation to
pay any amount you owe us.
Charge
will be no less than $2.00 per credit
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
penalty.
when applying for or using a credit
You must pay at least the Total Minimum Payment for each billing period by
the Consumer
card, visit the website of the Consumer
the Payment Due Date shown on your Statement.
Financial
Financial Protection Bureau at http://
The Minimum is the total the 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. your Account
Fees
balance is less than $25.00, you must pay the amount indicated on your
Statement full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
0
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Penalty Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Late Payment
Up to $35
Plans will be the greater of:
Returned Payment
Up to $35
(a) $5.00; or
(b) 3.5% (rounded 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.
0
The minimum payment for the Waive Interest, Equal Payment and De-
fer Interest, Equal Payment Credit Plans wil be the amount of the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number 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 .00) rounded
agreement.
up to the nearest
o
The payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Rate Information: The following chart provides details on your rate as of March 1,
charges that will be assessed from the date of purchase through the
2014. We divide the APR by 365 to determine the daily periodic rate.
end of the promotional period divided by the number months be
Add Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00
Purchase APR
23.74%
26.99%
0.07394%
o
The minimum payment for the Waive Interest Low Payment and Defer
Interest Low Payment Credit Plans will be the greater of:
We'll charge you minimum interest charge of $2.00 per credit plan for any
(a) $5.00 om
billing period in which interest is due. For additional information, see Rates in
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
Section
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment
application
The 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 minimum payments for Regular Revolving and promotional Credit Plan
mum Payment however 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 If your Account balance less than $25.00, you pay the
lower interest rates being paid prior to other balances. This may also result
in higher interest charges.
amount indicated on your billing statement ("Statement in full. The
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 allocated to your Account required by applicable law.
(a)
$5.00;
Excess payments received before deferred interest promotion expires are
(b) 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 to the nearest $1 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 March 1. 2014. Due to
Interest charges
a change the index, this information may have changed. To find out more, call
If you make purchase under a Regular Revolving Credit Plan, interest
us at 1-866-258-0114 (TDD/TTY: 1-800-695-1788), or write us at Comenity
charges won't be imposed in any billing period in which no Previous Bal-
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
ance exists or (ii) payments received and credits issued by the Payment Due
comenity.net/crateandbarrel.
Date. equal or exceed the Previous Balance
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Definitions
Payment Due Date shown on your last Statement, there will be an interest
charge on each purchase from the date of purchase
In this Agreement, "We. "Us" and "Our" mean Comenity Bank. "You" and
If you make purchase under any Waive Interest Credit Plan,
won't
"Your" mean each person who submits application or licitation for an Ac-
charge interest on the purchase you pay the total purchase amount be-
count with 'Account' means your credit card account with us. 'Card" means
fore the end of the promotional period. you don't pay the total purchase
each credit card issue for your Account, as applicable. "Credit Plan" means
amount before the end of the promotional period, we'll add the remaining
more payment program options Crate and Barrel may ask us to offer from
amount to your Regular Revolving balance. We'll also begin charging inter-
time time.
est the purchase from the first day after the promotional period ends.
Upholding your Agreement
you make purchase under any Defer Interest Promotional 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 solicitation obtain
we'll add the remaining purchase amount and the amount of accrued inter-
credit from us, you'll 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
If you make a purchase under a Low APR, Equal Payment Credit Plan,
provided
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 Bal ance" to
If the Account is joint Account, you and the joint Account holder will be
determine interest charges for each billing period. 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 is responsible
for this Account. will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
unpaid
charges
and
fees).
tions one of 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 as zero balance) and add new transactions and debit adjustments
Agreement. One additional Card may be issued with the individual of
posted as of that day. This gives us the "Partial Daily Balance" for the day.
an authorized user embossed on the Card. you want to revoke the use of
We then multiply the Partial Daily Balance for the day 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 made on your Account by an authorized
now determined the "Daily Balance, which will be the beginning
user. whether or not such transactions were authorized by you or made for
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 the total interest charge
your signature the Card isn't prerequisite to your obligation to pay amounts
Your Statement will show Balance Subject to Interest Rate. which is the
incurred on 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 Crate and Barrel and
Rates
other retailers we may determine occasionally by notifying you via electronic
The Index in effect for each billing period will be the highest "Prime Rate"
mail, statement message, website posting, or other method.
of interest as published in the "Money Rates section of The Wall Street
We reserve the right to not honor transactions related to, including, but not
Journal for the calendar month preceding the month in which the billing pe-
limited to, gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward if necessary. the nearest .0019 ("Index")
Making payments
Any variable APR may increase if the Index increases.
Pay your Account by sending check, money order, or cashier's check pay-
An increase or decrease in the APR will result in corresponding increase
able in U.S. dollars, to the name and address shown on your Statement
or decrease in the amount of interest and may increase the Total Minimum
specified for payments Please don't send cash.
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
You agree to pay the following fees and charges:
with
your
payment
Late Fee If you don't pay at least the Minimum Payment Due by the Pay-
If your payment meet these requirements, it may not be credited to
ment Due Date, will charge you late fee.
your Account for up to five days, or may be rejected
o
The fee $25. 00 you were not charged late fee during any of the
All written communications concer ring disputed amounts, including
any
prior six billing periods
check or other payment instrument marked with "payment in full' similar
o
Otherwise, the fee $35.00
language, must be sent 6550 North Loop 1604 East, Suite 101, San
o
This fee will never exceed the minimum payment due that was due
Antonio.
Texas
78247-5004.
immediately prior to the date on which the fee was
o We may accept payment sent to any other address without losing any
Returned Payment Fee: We may charge you fee for each payment that your
of our rights
bank
doesn't
honor
for
any
reason
o
No payment shall operate as an accord and satisfaction without our
0 The fee is $25.00 you were not charged returned payment fee dur-
prior written approval
ing any of the prior six billing periods.
B. Keeping your account in good standing
0
Otherwise, the $35.00
Avoiding default
o
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 make any payment when due
Although we may decide to do so, we aren't required to attempt to collect a
payment
Violate any provision of this Agreement
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 error
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:
o
Fail to supply us with any information we deem necessary
Statement copy $6.00
Default under any other loan or agreement you have with us or any of our
o
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternativ 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. you choose 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 to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and can
withdraw your request if you don' 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 Agree
To the extent not prohibited by applicable law, you agree to pay the reasonable
at (TDD/TTY 1-800-695-17 and provide US with the
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
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 Bank shou
cable law. we will give you advance written notice of the change(s) and right to
sent to the following address Comenity Bank, Bankruptcy Department, PC
reject the change(s)
182125, Columbus, Ohio 43218-2125
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,
at
any
time
in
the
future
and
in
all
accessions
to
and
of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGH
such goods We waive any security interest we may have your principal dwell-
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR REL
ing, to the extent that would otherwise secure any obl ligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WA
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WA
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY ELAWARE AND APPLICABLE FEDERAL
Prior to bringing lawsuit or initiating an arbitration that asserts claim a
LAW THIS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
out of or related to this Agreement (as further defined below, "Claim
PERMITTED OR REQUIRED BY APPLICABLE LAW.
party asserting the Claim (the "Claimant" shall give the other party (the 'D
Transfer of Rights/Assignment
dant") written notice of the Claim (a "Claim Notice' and opp
Your
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
law
nity not less than 30 days, to resolve the Claim. Any Claim Notice to you
or otherwise, but your obligations will be binding upon your estate or
be sent to the have (or any updated ad
We
may
transfer
or
assign
your
Accoun
and/or
this
Agreement,
you provide to us). Any Claim Notice sent by m
any of our rights under this Agreement, to another person or entity at any time
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any up
without notice to you or your consent
address subsequently provide). Any Claim Notice you send provide
No Waiver of Rights
name, address and Account number. Any Claim Notice must explain the in
We can delay enforcing our rights under this Agreement without losing them.
of the Claim and the relief that is demanded. You may only submit a Clair
Severability
tice
on
your
own
behalf
and
not
on
behalf
of
any
other
party.
No
third
party,
If any provision of this Agreement is in conflict with applicable law, that provision
than lawyer you have personally retained, may submit Claim Notice on
will be considered to be modified to conform with applicable law.
behalf The Claimant reasonably cooperate providing any inform
Notice to New Jersey Residents
about the Claim that the other party reasonably requests.
C.
All provisions of this agreement are valid, enforceable and applicable in New
Arbitration
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT RE
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE SUBS
Credit Reports
TIAL
IMPACT
ON
THE
WAY
YOU
OR
WE
WILL
RESOLVE
ANY
CLAIM
W
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 (an
processing of your credit application report may also be requested in
prior arbitration agreement between you and us ("Prior Arbitration Agreeme
connection with credit extension, credit limit request. Account renewal or
apply, you may reject it by mailing us written rejection notice which
update. Account collectio action, or dispute investigation. Upon request,
the
name
of
each
Cardholder
and
contains
statement
that
you
(both
of
y
will tell you the name and address of any reporting agency that
more than one) reject the Arbitration Provision of this Agreement. The reje
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
notice
must
be
sent
to
us
at
Comenity
Bank,
PO
Box
182422,
Columbus,
signing or otherwise submitting an application or solicitation.
43218-2422. A rejection notice only effective is signed by you (all of
You
understand
that
we
may
report
negative
information
(such
as,
late
pay-
if than one) and we receive within thirty (30) calendar days afte
ments missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement or written notice prov
reporting agencies.
you right to reject this Arbitration Provision. Your rejection of this Arbitr
You give permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your abil
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
not
elsewhere
in
this
Agreement)
the
terms
"we.
"us"
and
"our"
If you believe the Account information we reported to consumer reporting agen-
menity Bank, any parent, subsidiary or affiliate of the Bank and the emplo
you may submit direct dispute to Comenity Bank, PO Box
officers and such (the Bank Parties' and (b) any
182789,
Columbus,
Ohio
43218-2789
person or company that provides any services in connection with this Agree
Your written dispute must provide sufficient information to identify the Account
assert Claim against such other person or company at the same tim
and specify why the information is inaccurate:
assert against any Bank Party.
Account Information Your name and Account number
3. Covered Claims: "Claim' means any claim, dispute or controversy
bet
Contact Information: Your address and telephone number
you and any way arises from or relates to this Agreement, the Acc
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement or acc
plain
why
you
believe
inaccurate
"Claim'
includes
disputes
arising
from
actions
or
missions
prior
to
the
Supporting available provide copy of the section of the
any Card was issued you, including the advertising related to,
credit report showing the Account information you are disputing
or
approval
of
the
Account.
"Claim'
has
the
broadest
possible
meaning
We will investigate the disputed information and report the results to you within
includes initial claims, counterclaims, cross-claims and ird-party clair
30
days
of
receipt
of
the
information
needed
for
our
investigation.
If
we
find
that
includes disputes based upon contract, tort. consumer rights, fraud and
the Account information we reported is inaccurate, we will promptly provide the
intentional torts, constitution. statute, regulation, ordinance, common law
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
or
declaratory
relief).
"Claim'
doe
the
information
include disputes about the validity, enforceability coverage or scope this
Your Billing Rights: Keep This Document For Future Use
tration
Provision
any
part
thereof
(including,
without
limitation,
the
prohit
This notice you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or mu
Credit
Act
party
proceedings
described
Paragraph
C.7
(the
"Class
Action
Waiver
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph C. and/or this sentence) disputes a
If there an error on statement, write to us at: Comenity Bank, PO
a court and not an arbitrator to decide However, any dispute or argume
Box 182782 Columbus, Ohio 43218-2782
the validity or enforceability of the Agreement as whole is fo
In your letter, give us the following information
arbitrator. not court, to decide.
Account information Your name and account number
4. Starting an Arbitration: Arbitration
may
be
elected
by
any
party
with
re
Dollar amount: The dollar amount of the suspected error.
to any Claim, even that party has already initiated lawsuit with respect
Description problem: If you think there an error on your bill,
describe
different
Claim.
Arbitration
started
by
giving
written
demand
for
arbitr
what believe is wrong and why you believe it is a mistake.
to the other party. We will not demand to arbitrate an individual Claim tha
You must contact
bring
against
us
small
claims
court
or
your
state's
equivalent
court,
if
any
Within 60 days after the error appeared on your statement
if that Claim transferred, removed or appealed to a different court, we
At least 3 business days before an automated payment is scheduled if
you
have
the
right
demand
arbitration
want stop payment on the amount you think wrong.
5. Choosing the Administrator: Administrator' means the American Arbitr
You must notify us any potential errors writing. You may call us, but if you
Association "AAA"), 1633 Broadway, 10th Floor, New York, NY 10019
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,
the
amount
question.
jamsadr.com:
or
any
other
company
selected
by
mutual
of
the
What Will Happen After We Receive Your Letter
ties. If both AAA and JAMS cannot or will not and the parties are
receive letter. we must two things:
select
an
by
mutual
consent
the
Administrator
will
be
sel
1. Within 30 days of receiving your letter, we must tell you that we
received
your
by court The arbitrator will be appointed by the Administrator accord
letter. We also tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be retir
2
Within
90
days
of
receiving
your
letter.
we
must
either
correct
the
error
or
former judge or lawyer with at least 10 years experience. get to selec
explain to you why we believe the bill correct
Administrator if you us notice of your selection with your notice
While we investigate whether or not there has been an error:
you
electing
to
arbitrate
any
Claim
or
within
20
days
after
give
you
n
We cannot 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
on that amount.
arbitration
the
Claim,
within
20
days
after
that
dispute
is
finally
The charge in question may remain on your statement, and we may continue
you do not select the Administrator on time, we may do Notwithstar
to
charge
you
interest
on
that
amount.
any
language
in
this
Arbitration
Provision
the
contrary,
no
arbitration
ma
While you not have to pay the amount in question, you are responsi ble for
administered, without the consent of al parties to the arbitration, by any Ac
the
remainder
your
balance
istrator that has place formal or informal policy that is inconsistent wit
We apply any unpaid amount against your credit limit.
Class Action Waiver
After we finish our tigation, of two things will happen
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF
mistakes
You
will
not
have
pay
the
amount
in
question
or
any
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGH
or
other
fees
related
to
that
amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. A
not
believe
there
mistake:
You
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US MORE LIMITED
question, along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD
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 IN ARBITRATIO
report you as delinquent if you not pay the amount we think you
7.
Against
Certain
Proceedings
YOU
OR
WE
ELECT
TO
A
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 A CI
to within 10 days telling us that you still refuse to pay. cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A PL
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill
TIFF. DEFENDANT CLASS MEMBER: (2) NEITHER YOU NOR WE MAY
We tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION
and must let those organizations know when the matter has been settled
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
CONS
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON;
follow of the rules above, you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO COND
the amount question even if your bill correct
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRA
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If you are tisfied with the goods services that you have purchased with
8. Location and Costs of Arbitration: Any arbitration hearing that you a
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
pay
an
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator applicable law require
purchase.
to,
if
you
prevail
in
the
arbitration
or
we
must
fees
order
fo
To use this right, all of the following must be true:
Arbitration
Provis
be
If
you
demand
an
wil
The purchase must have been made in your home state or within 100 miles
your and experts' fees you prevail or we must bear
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 bea
than $50. (Note: Neither of these are necessary if your purchase was based on
fees applicable law requires us to.
an
advertisement
we
mailed
to
you,
or
if
we
own
the
company
that
sold
the
9.
you
Governing
Law:
This
Arbitration
Provision
involves
interstate
commerce
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. -16 (the "FAA")
2.
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
not by any state arbitration law. The arbitrator must apply applicable substa
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 clair
count not qualify
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
provided
3. You must not yet have fully paid for the purchase.
substantive law that would apply the action were pending in court (inclu
of the criteria above are met and you are still dissatisfied with the purchase,
without limitation. punitive damages, which shall be governed by the Con
contact
us
in
writing
at:
tional standards employed by the courts). At the timely request of either
Comenity Bank
the arbitrator must provide a brief written explanation of the basis for the a
PO Box 182782, Columbus, Ohio 43218-2782
10. Right to Discovery: In addition to the parties' rights to obtain disc
While
we
investigate,
the
same
rules
apply
to
the
disputed
amount
as
pursuant
the
arbitration
rules
of
the
administrator.
either
party
may
su
above. After we finish our investigation we will tell you our At that
a written request the arbitrator to expand the scope of discovery
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
delinquent.
discret
ion
or
denv
that
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitr.
award may entered any court having jurisdiction. The arbitrator's dec
Credit insurance (as applicable)
is final and binding, except for any right of appeal provided by the FAA. How
Purchasing credit is optional If you do choose to carry credit insurance
the amount of the Claim exceeds $50 000 or involves request for injur
coverage, the premium charge will be added to your Account as a purchase on
declaratory relief that could foreseeably involve cost or benefit to either
the last day 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
Account Assure Debt cancellation (as applicable)
by the arbitrator, appea the award to panel
Purchasing Account Assure is optional
Administrator.
The
panel
shall
anew
any
aspect
of
the
initial
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by ma
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to "the arbitrator" shall
with
panel an appeal of the arbitrator's decision has been taken. The costs of
The monthly fee for Account Assure is based on the outstanding monthly
appeal will be borne accordance with Paragraph C.8. above.
balance on your Account each month and be added to your Statement.
12. Rules of Interpretation: This Arbitration Provision shall survive the
r
We'll
provide
additional
information
before
you'r
required
to
pay
for
Ac
ment
of
all
amounts
owed
under
this
Agreement,
the
closing
of
the
count Assure This will include copy of the terms and conditions pertain-
legal proceeding and any bankruptcy to the extent consiste with appli
ing
to
Account
Assure
bankruptcy
law.
the
event
of
conflict
stency
this
Ar
You can cancel your Account Assure at any time.
tion Provision on the one hand, and the applicable rules the
There are eligibility requirements and exclusions that could pre-
of this Agreement, on the other hand, this Arbitration Provision
vent you from benefits under Account Assure.
govern. This Arbitration Provis 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
of
Account
Assure.
Action Waiver, is deemed invalid or unenforceable, the remaining portions
H. Communicating with us
nevertheless remain in force. If a determination is made that the Class A
Communicating to you about your Account
Waiver
is
unenforceable.
only
this
sentence
of
the
Arbitration
Agreement
W
If we need to contact you to service your Account or to collect amounts you
main in force and the remaining provisions shall be null and void, provided
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to us, give direct consent to us. as well as servicers, agents, contractors and
ap
14. Special Payment: (1) you submit Claim Notice in accordance
collectors of your Account, to communicate with you in any way, such as calling,
Paragraph
above
on
your
own
behalf
(and
not
behalf
texting, or electronic
any
other
p
(2)
we
refuse
to
provide
you
with
the
relief
1)
a cell, landline, or text number you provide, use to contact us, or at which
request;
(3)
arbit
subsequently
determines
that
you
were
entitled
to
such
relief
(or
we believe we can reach you (even not yours),
greater
re
2)
any electronic mail address you provide to one of our merchants,
the arbitrator shall award you at least $5,100 (plus any fees costs to
3)
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 Bank, Wilmington, DE
You also agree that these communications aren't unsolicited for purposes of any
050NACC11
state or federal law, and you understand that this may result in additional mobile,
text message, or data charges.
817921022 (0:
Phone monitoring
To provide you with high-quality service, phone communication with us is
honitored
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