Your Christopher & Banks Credit Card account agreement.
311771020 (05/14)
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 a Privacy
charges, close your Account, require you to pay the full amount you owe im-
mediately take any other action permitted by law. 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. you should write to immediately at PO Box 182273 Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-2273 call us at 1-888-774-8661 (TDD/TTY
an Arbitration Provision in the event of dispute
You wil not be liable for any unauthorized 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
o Eliminate your right to a trial by jury; and
Your Account may consist of non promotional ("Regular Revolving") Credit
o Substantially affect your rights, including your right to
Plan and or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but limited to 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 or more Regular Revolving or promotional Credit Plans.
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time time.
a promotional Credit Plan is offered at the time you open your Account
Financial terms of your account: An at-a-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
licable
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
and
applied
If the promotiona Credit Plan purchase isn't paid in full before the promo-
D. Interest, fees and charges: when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E. Other important information: legal rights, costs, and how we'l handle
Promotional Credit Plans may include:
changes your account
0 Waive Interest, Payment Required 0 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 you think
o Waive Interest Low Payment
o Low APR. Equal Payment
there
error
on
your
periodic
statement
o Defer Interest, Equal Payment
o Budget Payment
G. Optional products how protect your account from fraud or theft, and
Skip-payment option
services that can help pay your debt 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
Interest Charges will be assessed during the skip payment period, but late
I.
Arbitration and jury trial waiver: how we'l resolve disagreements, including
fee won't be 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. share. and protect your personal informa-
All other terms of your Account apply during the skip -payment period.
tion: and the privacy choices make.
Credit limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
any time.
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
If you do exceed your Credit Limit. we can still charge you for all transac-
Annual Percentage
26.99%
tions, interest and other charges without giving up any of our rights under
this Agreement.
Rate (APR) for
This APR will vary with the market based
We may change your Credit Limit at any time.
Purchases
on the Prime Rate.
Account cancellation
Your due date is at least 25 days after
You may cancel your Account You're still obligated to pay the full amount
you owe us.
How to Avoid
the close of each billing cycle. We will
We cancel your Account at any time for any reason
Paying Interest
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
you
give
to
others.
We may stop offering any Credit Plan at any time, for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation or suspension of your Account doesn't negate your obligation
to
Charge
will be no less than $2.00 per credit
pay
any
amount
you
owe
us.
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
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
You must pay at least the Total Minimum Payment for each billing period by
Financial
Financial Protection Bureau at http://
the Payment Due Date shown your Statement.
Protection Bureau
The Minimum Payment is the total of the minimum payments for the Regu-
www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due
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
Annual Fee
None
The minim payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The inimum for Regular Revolving Credit Plans, Waive In-
Late Payment
Up to $35.00
terest Payment Required and Defer Interest, Payment Required Credit
Plans wil be the greater of:
Returned Payment
Up to $35.00
(a) $5.00;
How We Will Calculate Your Balance: We use a method called
(b) (rounded to the nearest $1.00) of the New Balance 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 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 (m nimum $5.00) rounded
agreement.
up to the nearest $1.00.
The minimum payment for the Low APR. Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of June 1,
will be the amount of the purchase including the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that will be assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
Add to Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
$5.00 rounded to the nearest $1.00
Purchase APR
23.74%
26.99%
0.07394%
The minimum payment for the Waive Interest. Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates in
(a) $5.00
Section D.
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
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 Revo olving and promotional Credit Plan
mum Payment however see which may result in balan subject to
plus any Past Due amounts. The Total inimum Payment won't be
lower interest rates being paid prior to other balances. This may also result
less than $25.00 Account balance is less than $25. .00 you must pay the
in
higher
interest
charges
amount indicated on your billing statement ("Statement in full. The minimum
Any payment you make in excess of the required Total Minimum Payment
payment due for each Regular Revolving Credit Plan will be the greater of:
will be allocated to your Account as required by applicable
(a) $5.00; or
Excess received before deferred interest promotion expires are
(b) 5% of the New Balance shown your Statement for that
applied to the deferred interest promotional balance first in the last two bill-
Credit Plan (rounded to the nearest $1.00).
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
D. Interest, fees and charges
payment calculations.
Interest charges
The APR information described below is accurate as of June 1. 2014. Due to
a
change in the index, this information may have changed To find out more. call
If you make a purchase under a Regular Revolving Credit Plan, interest
at 1-888-774-8661 (TDD/TTY: 1-800-695-1788). or write at Comenity
charges won't be imposed in any billing period in which (i) 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/christopherandbanks.
Date
equal
or
exceed
the
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown your last Statement, there will be an interest
Definitions
charge on each purchase from date 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 an application or solicitation for an Ac-
charge interest the purchase 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. If you don't pay the total purchase
each credit card we issue for your Account as applicable. "Credit Plan" means
amount before the end of the promotional period, we'l add the remaining
one more payment program options Christopher & Banks may ask us to offer
amount your Regular Revolving balance. We'll also begin charging inter-
from time to time.
est the purchase from the first day after the promotional period ends
Upholding your Agreement
If 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 you you sign submit an application or solicitation to obtain
we'l add the remaining purchase amount and the amount of accrued inter-
credit from us, you'll be legal 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 purchase under 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
How we calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using a 'Daily Balance' to
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 this Agreement Each of you jointly and individually respon-
follows:
sible for repaying all amounts due. If more than one person IS responsible
We start with the beginning balance on your Account each day (including
for this Account, we will only provide billing statements and communica-
unpaid interest 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
Agreement One tional Card may be with the individual name
posted as of that day This gives us the "Partial Daily lance' for the day.
an authorized user on the Card. If you want to revoke the use
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your Account by authorized 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 nsactions made your Account by an authorized
We've now determined the "Daily Balance which will be the beginning
user, whether or not such transactions were authorized by you or made for
balance for the following day. This results in daily compounding of interest
your
benefit.
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 on the Card isn't a prerequisite to your obligation to pay amounts
Your Statement will show Balance Subject to Interest Rate, which 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 Christopher & Banks 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 the "Money Rates" section The Wall Street
We reserve the right to not honor transactions related to. including, but not
Journal for the calendar month preceding the month which the billing
limited to. gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward necessary to the nearest .001 ("Index")
Making payments
Any variable APR may increase the Index increases
Pay your Account by sending check, money order, or cashier's check pay-
An increase or decrease 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
specifie
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: you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn meet these requirements it may not be credited to
ment Due Date will charge you late fee
your Account for to five days, or may be rejected
o The fee is $25.00 you were not charged late fee during any of the
All written ommunications concerning disputed amounts, including
any
prior six billing periods
check or other payment marked with "payment in full" similar
o
Otherwise the fee $35.00.
language, must sent 6550 North Loop 1604 East, Suite 101, San
o
This fee will never the minimum payment due that was due
Antonio,
Texas
78247-5004.
immediately prior to the date on which the fee assessed.
0 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
o
The fee is $25 .00 you were not charged returned payment fee dur-
prior written approval
ing any the prior six billing periods.
B. Keeping your account in good standing
o
Otherwise, the fee $35 .00
o
Avoiding default
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed.
You'll be in default under this Agreement if you:
Although we may decide to do so, we aren't required to attempt to collect a
to make any payment when due
payment more than once
Violate any provision of this Agreement
Pass
Document Fees: we provide you with copy of any Statement sales draft
away
or similar document at your request (except in connection with billing error
Become the subject of bankruptcy or insolvency proceedings
inquiries or resolution), we may charge the Account the following fee(s),
Supply us with misleading, false, incomplete or incorrect information
subject to any limitations of appl icable law:
Are unable unwilling to perform the terms or conditions of this Agreement
o
Statement copy $6.00
Fail supply with any information we deem necessary
o
Sales/Credit Draft copy
Default under any other loan or agreement you have with us or any of our
o
Check/Money Order copy $6.00
affiliates
Alternative Payment Method Fee We may offer alternative payment meth-
Become incompetent
ods that allow you to make individual expedited payments to your Account
Exceed your Credit Limit
over the phone. you choose use this payment method we may assess
Issue a payment returned unpaid by your bank for any reason
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 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
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-888-774-8661 (TDD/TTY -800-695- 1788) and provide us
costs for collecting amounts due, including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse
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 Bar
cable law. will give you advance written notice of the change(s) and right to
sent to the following address: Comenity Bank, Bankruptcy Departm
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, now any time in the future and in accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF o
ing, to the extent that it would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRI
You agree notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT T
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS
AGREEMENT
IS
GOVERNED
BY
DELAWARE
AND
APPLICABLE
FEDERAL
Prior to bringing lawsuit or initiating an arbitration that asserts
LAW THIS is THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
of or related to this Agreement (as further defined below.
PERMITTE OR REQUIRED BY APPLICABLE LAW.
party asserting the Claim (the "Claimant" shall give the other party
Transfer of Rights/Assignment
dant" written notice of the Claim "Claim Notice" and
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
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
personal
be sent writing to the address we have in our records (or any upda
representatives. We may transfer assign your Account and/or this Agreement,
you subsequently provide us). Any Claim Notice to us shall
or 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
without prior notice to you or your consent.
address we subsequently provide). Any Claim Notice you send must
No Waiver of Rights
name, address and Account number. Any Claim Notice must explai
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
Severability
tice on your behalf and not on behalf of any other party. No third
If any provision of this Agreement is in conflict with applicable law, that provision
than lawyer you have personally retained may submit Claim No
will be considered to be modified to conform with applicable law.
behalf. The laimant must reasonably cooperate in providing any
Notice to New Jersey Residents
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 N
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAI
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLA
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTUI
You agree that a credit report may be requested in connection with the
1. Your Right to Reject: If you don't want this Arbitration Provisio
processing of your credit application. A report may also be requested
prior arbitration agreement between you and us ("Prior Arbitration A
connection with credit extension, credit limit request, Account renewal or
to apply, you may reject it by mailing us written rejection notice
update
Account
collection
action.
or
dispute
investigation.
Upon
request,
the name each Cardholder and contains tatement that you (bo
we will tell you the name and address any consumer report ting agency that
more than one) reject the Arbitration Provision of this Agreement. T
report on you. You consent to the obtaining of such reports by
notice must be sent to at Comenity Bank, PO Box 182422, Colu
signing or otherwi submitting application or solicitation.
43218-2422. A rejection notice only effective if is signed by you
You understand that may report negative information (such as, late pay-
if more than one) and if we receive it within thirty (30) calendar da
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement written noti-
reporting agencies
you right to reject this Arbitration Provision. Your rejection of this
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or yo
sumer reporting agencies and other creditors, as well as to the retailer whose
obtain credit
name appears your Card.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Pr
Credit report disputes
not elsewhere in this Agreement), the terms 'we, "us' "our'
If you believe the Account information we reported to a consumer reporting agen-
menity Bank, any parent, subsidiary or affiliate of the Bank and the
cy is inaccurate you may submit a direct dispute to Comenity Bank, PO Box
officers and directors of such compar (the Bank Parties' and
182789 Columbus Ohi 43218-2789.
person
or
company
that
provides
any
services
in
with
this
Your written dispute must provide sufficient information to identify the Account
you assert Claim against such other person or company at the sar
and specify why the information is inaccurate
Claim against any Bank Party.
Account Information Your name and Account number
3. Covered Claims: 'Claim' means any claim, dispute or controve
Contact Information: Your address and telephone number
you and that any way arises from or relates to this Agreement,
Disputed Information: Identify the Account information disputed and ex-
the
issuance
of
any
Card.
any
rewards
program,
any
prior
plain why you believe it inaccurate
'Claim" includes disputes arising from actions omissions prior
Supporting available. provide copy of the section of the
any Card was issued you, including the advertising related to ap
credit report showing the Account information you are disputing
or approval of the Account. "Claim" has the broadest possible
We will investigate the disputed information and report the results to you within
includes initial claims, counterclaims, cross claims and third
30
days
of
receipt
of
the
information
needed
for
our
investigation
If
we
find
that
includes disputes based upon contract, tort. consumer rights, frau
the
Account
information
we
reported
is
inaccurate.
we
will
promptly
provide
the
intentional torts, constitution, statute, regulation, ordinance, comm
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive or declaratory relief). "Clai
the
information
include disputes about the validity, enforceability coverage or scope
Your Billing Rights: Keep This Document For Future Use
tration or any part thereof (including, without imitation, the
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and
Credit
Billing
party proceedings described in Paragraph C.7 (the "Class Action W
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph C 13 and/or this sentence) all such disp
you think there is an error on your statement, write to us at: Comenity Bank, PO
a court and not arbitrator to decide. However, any dispute or arg
182782, Columbus, Ohio
concerns the validity or enforceability of the Agreement as who
In your letter, give 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
Dollar amount: The dollar amount the suspected error.
to any Claim, even that party has already initiated lawsuit with
Description of problem: If you think there is an error on your bill, describe
different Claim. Arbitration is started by giving written demand fo
what you believe is wrong and why you believe it mistake
to the other party. We will not demand to arbitrate an individual Cla
You must contact us:
bring against us in small claims court or your state's equivalent court
Within 60 days after the error appeared on your statement
if that Claim is transferred removed or appealed to a different COL
At least days before an mated payment is scheduled, if you
have
the
right
to
demand
arbitration
want
stop
payment
on
the
amount
you
think
wrong.
5. Choosing the Administrator: "Administrator" means the America
You must notify us of any potential errors in writing. You may call us, but if
you
"AAA") 1633 Broadway, 10th Floor, New York, NY
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
the amount in question
jamsadr.com; or any other company selected by mutual
What Will Happen After We Receive Your Letter
If both AAA and JAMS cannot or will not serve and the parties
When we receive your letter, we must do two things:
to
select
an
Administrator
by
mutual
consent,
the
Administrator
will
1. Within 30 days receiving your letter. we must tell you that we received your
by court. The arbitrator will be appointed by the Administrator in
letter. We will also tell you we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be
2.
Within 90 days of receiving your letter, must either correct the error
or
former judge or lawyer with least 10 years of experience. You get
explain to you why we believe the bill is correct
Administrator if you give us written notice of your selection your
While we investigate whether or not there has been an error:
are electing to arbitrate any Claim or within 20 days after give
We cannot try to collect the amount in question, or report you as delinquent
that are electing to arbitrate any Claim (or, if you dispute our righ
on
that
amount
arbitration of the Claim, within 20 days after that dispute is finall
The charge question may remain on your statement, and we may continue
If you do not select the Administrator on time. may do Notw
to charge you interest on that amount.
any language in this Arbitration to the contrary, no arbitra
While you not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arbitration, by
the remainder of your balance
istrator that has place formal or informal policy that is inconsist
We apply any unpaid amount against your credit limit.
Action Waiver
After we finish our investigation. one of two things will happen:
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rig
If we made mistakes You will not have pay the amount in question or any
OR ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE
interest
other
fees
related
to
that
amount.
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CL
If do not believe there was mistake You will have to pay the amount in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIM
question. along with applicable interest and fees. We will send you state-
ARBITRATION THAN A LAWSUIT. OTHER RIGHTS THAT YOU W
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 ARBIT
report
as
delinquent
you
not
pay
the
amount
we
think
you
owe
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELEC
If you receive our explanation but still believe your bill wrong, you must write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE
to
within
10
days
telling
us
that
you
still
refuse
to
pay
you
do
cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER A
report you as without also reporting that you are your
TIFF, DEFENDANT OR CLASS MEMBER (2) NEITHER YOU NOR w
We must tell you the name of anyone to whom we reported you as delinquent
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITR
and must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PEI
we not follow all of the rules above. you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO
the amount you question even your bill is correct
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL AR
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
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
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
purchase.
to you prevail the arbitration or if we must bear such fees
To use this right, all of the following must be true:
Arbitration Provision to be enforced If you demand arbitration
The purchase must have been made in your home state or within 100
miles
your reasonable attorneys' and experts' fees you prevail or we mus
of your current mailing address. and the purchase price been
fees in order for this Arbitration Provision to be enforced. Also, we
than
$50.
(Note:
Neither
of
these
are
necessary
your
purchase
was
based
on
fees if applicable law requires us to
an advertisement we mailed to you, or we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate con
is governed by the Federal Arbitration Act. 9 U.S.C. §§ (the
You must have used your credit card for the purchase. Purchases made with
not by any state law. The arbitrato must apply applicable
cash advances from an ATM or with check that accesses your credit card ac-
law consistent with the FAA and applicable statutes of limitations ar
count do not qualify
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
prov
must not yet have fully paid for the purchase.
substantive law that would apply the action were pending in
of the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages, which shall be governed by th
contact us writing at:
tional standards employed by the courts). At the timely request of
Comenity Bank
arbitrator must provide brief written explanation of the basis for
PO Box 182782, Columbus, Ohio 43218-2782
10. Right to Discovery: In addition to the parties' rights obtai
While
we
investigate,
the
same
rules
apply
to
the
disputed
amount
as
discussed
pursuant to the arbitration rules of the Administrator. either party
above. After we finish our investigation, we will tell you our decision. At that
a written request to the arbitrator to expand the scope of discovery
point. we think you owe an amount and you do not pay, we may report you
lowable under the arbitration rules the Administrator. The arbitrato
delinquent.
discretion to grant or deny that request
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the
Credit insurance (as applicable)
award may be entered by any court jurisdiction. The arbitrato
is
final
and
binding,
except
for
any
right
appeal
provided
by
the
FA
Purchasing credit insurance is optional If you do choose to carry credit insurance
if the of the Claim exceeds $50 000 or involves request fo
coverage the premium charge will be added to your Account as purchase
on
the last day of each billing period. You can cancel your coverage at any time.
or declaratory relief that could foreseeably involve cost or benefit to
exceeding $50,000, any party can, within 30 days after the entry
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to three arbitrator panel adminis
Purchasing Account Assure is optional.
Administrator.
The
panel
shall
reconsider
anew
any
aspect
of
the
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel be
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to 'the arbitrator' sha
with us.
panel an appeal the arbitrator's decision has been taken. The C
The monthly fee for Account Assure is based on the outstanding monthly
appeal will be accordance with Paragraph C.8. above.
balance your Account each month and be added to your Statement.
12. Rules of Interpretation: This Arbitration Provision shall
We'll provide additional information before you're 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 consister with
ing to Account Assure
bankruptcy law. In the event of conflict or stency
You can cancel your Account Assure at any time.
tion Provision, on the one hand, and the applicable
There are eligibility requirements conditions, and exclusions that could pre-
provisions of this on the other hand. this Arbitration Pro
vent you from receiving benefits under Account Assure.
govern. This Arbitration Provisi replaces any Prior Arbitration Agre
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision, other tha
of
Account
Assure
Action Waiver. deemed invalid or unenforceable, the remaining pc
H. Communicating with us
nevertheless remain in force. If a determination is made that the
Communicating to you about your Account
Waiver
is
unenforceable,
only
this
sentence
of
the
Arbitration
Agreen
If we need to contact you to service you Account or to collect amounts you owe
main in force and the remaining provisions shall be null and void. pr
to us you give direct us, as well as servicers, agents, contractors and
the determination concerning the Class Action Waiver shall be subject
collectors your Account to communicate with you in any way, such as calling,
14. Special Payment: (1) you submit Claim Notice accor
texting, or electronic
Paragraph B above on your own behalf (and not behalf
1)
cell. landline. text number you provide, use to contact us, or at which
(2) we refuse to provide you with the relief you request
we believe can reach you (even if not yours),
subsequently determines that you were entitled to such relief (or gre
2)
any electronic mail address you provide to us one of our merchants,
the arbitrator shall award you at least $5,100 (plus any and cos
you are titled)
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
state federal law. and you understand that this may result in additional mobile,
3117710
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 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