Your American Laser Skincare Credit account agreement.
This
Agreement
ALSCCA0314
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-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
use of the account, or failure to close the account within the
default.
do so, we'll tell you in advance and/or give you the opportunity to remedy
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
interest charges and fees.
If you notice the loss or theft of your credit card or possible unauthorized use
of
your card, should write to ismidiately at PO Box 183003,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 3218-3003 call at 1-866-610-5312 (TDD/TTY: -888-819-1918).
an Arbitration Provision in the event of dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may, however, be liable for unauthorized use that occurs before your notice to us.
If you do not reject this Arbitration Provision, it will be part
In any case, your liability will not exceed $50.
of this Agreement and will:
C. Learning more about your account
O
Eliminate your right to a trial by jury; and
Credit Plans
o
Substantially affect your rights, including your right to
Your Account may consist of non promotional ("Regular Revolving") Credit
bring, join in or participate in class proceedings.
Plan and one or more promotional Credit Plans. Credit Plans offered and
Please read each section carefully and keep this document for
their particu features (including but not limited to minimum purchase
your records
uirements and payment) may vary occasionally at our discretion
and one or more Regular Revolving or promotional Credit Plans.
In the following sections, you will find information on:
We may offer differer promotiona Credit Plans from time to time.
Financial terms of your account: An at-a -glance summary of the fees and charges
promotional Credit Plan offered at the time you open your Account,
associated with your account
this Agreement will include information about the terms for the Plan. by use
A. Getting started the basics of your account
of an insert, attachment, or other written information provided as part of this
B.
Keeping your account good standing avoiding default, and what to do if
Agreement.
your
card
lost
stolen,
applicable
Normal late fees. returned payment fees and all other provisions apply to
C.
Learning more about your account: credit plans, and credit limits, and how
any promotional Credit Plan, unless inconsistent with a articular Credit
payments
calculated
and
applied
Plan offering.
D. Interest, fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn't paid in full before the promo-
account
tional period ends, the balance will be transferred to your Regular Revolving
E.
Other important information legal rights, costs, and how we'll handle
balance
changes
to
you
Promotional Credit Plans may include:
F.
Disputes and reporting to consumer reporting agencies: data we provide,
0 Waive Interest, Payment Required
0 Defer Interest. Payment Required
and receive from. consumer reporting agencies, and what to do you think
o Waive Interest, Equal Payment
Defer Interest. Low Payment
there
error
on
your
periodic
statement
0 Waive Interest. Low Payment
0 Low APR. Equal Payment
G.
Optional products: how to protect your account from fraud or theft, and
o Defer Interest. Equal Payment
0
Budget Payment
H.
services that can help pay your debt in case of emergencies
Skip-payment option
Communicating with us: what happens when you contact us
At our discretion, we may allow you to skip making the M nimum Payment
I.
Arbitration and jury trial waiver: we' resolve disagreements, including
Finance Charges will be assessed during the skip-payment period, but late
jury trial waiver and Arbitrat provision
fee won't be imposed. This not be considered a waiver of any of the
Privacy statement: how collect use share, and protect your personal informa-
rights
granted
by
this
Agreement.
tion: and the privacy choices can make
Credit limit
All other terms of your Account apply during the skip-payment period.
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
Interest Rates and Interest Charges
any
time
You may not exceed any Credit Limit that we set for your Account.
Annual Percentage
24.99%
If you do exceed your Credit Limit. can charge you for all transac-
Rate (APR) for
This APR will vary with the market based
tions, interest and other charges without giving up any of our rights under
this Agreement
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
Your due date is at least 25 days after
You may cancel your Account. You're still obligated to pay the full amount
you owe
How to Avoid
the close of each billing cycle. We will
We cancel 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.
Minimum Interest
We may stop offering any Credit Plan at any time, for any reason
If you are charged interest, the charge
Charge
Cancellation or suspension of your Account doesn't negate your obligation to
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
Card Tips from
You can pay all of your Account balance at any time without
when applying for or using a credit
penalty.
the Consumer
card, visit the website of the Consumer
the
You must pay at least the Total Minimum Payment for each billing period by
Financial
Financial Protection Bureau at http://
Payment
Due
Date
shown
your
Statement.
Protection Bureau
www.consumerfinance.gov/learnm
The Minimum Payment is the total of the minimum payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
Fees
The Total Minimum Payment won't be less than $25 00. your Account
balance less than $25.00, you must pay the amount indicated on your
Annual Fee
None
Statement in
The minimum payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Late Payment
Up to $35
terest, Payment Required and Defer Interest, Payment Required Credit
Returned Payment
Up to $25
Plans will be the greater of
(a) $5.00;
How We Will Calculate Your Balance: We use a method called
(b) 4% (rounded up to the nearest 1.00) of the New Balance
"daily balance." See your Account agreement for more details.
shown on your Statement for that Credit Plan.
The payment for the Waive Interest, Equal Payment and De-
Billing Rights: Information on your rights to dispute transactions
fer Interest. Equal Payment Credit Plans will be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase and promotional period end date (minimum $5.00) rounded
up
to
the
nearest
$1.00.
0
The minimum payment for the Low APR, Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate of March 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.
char that will be assessed from the date of purchase through the
Add Index
APR
Daily Periodic Rate
end of the promotional period divided by the number months be-
tween the date the purchase and the promotional period end date
Purchase APR
21.74%
24.99%
(minimum $5.00) rounded to the nearest 1.00
0.06846%
0
The minimum payment for the Waive Interest. Low Payment and Defer
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates in
(a) $5.00
Section
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
shown on your Statement for that Credit Plan.
The amount you must pay each billing period (" "Total Minimum Payment") is the
Payment application
total of minimum payments for Regular Revolving and promotional Credit Plan
We reserve the right to apply payments equal to or less than the Total Mini-
purchases
plus
any
Past
Due
amounts.
The
Total
Minimum
Payment
won't
be
mum Payment however see fit. which may result in subject to
less than $25.00 your Account balance less than $25. .00, you must pay the
lower interest rates being paid prior to other balances. This may also result
amount indicated on your lling statement ("Statement") in full. The minimum
in
higher
interest
charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment make in excess of the required Total Minimum Payment
(a) $5.00: or
will be allocated to your Account as required by applicable law
(b) 4% the New Balance shown on your Statement for that
Excess payments received before deferred interest expires
are
Credit Plan (rounded up to the nearest $1.00).
applied to the deferred interest promotional balance first in the last two bill-
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
payment
calculations
D. Interest, fees and charges
The APR information described below is accurate as of March 1 2014. Due to
a
change
the
index,
this
Interest charges
information
may
have
To
find
out
more.
call
us at 1-866-610-5312 (TDD/TTY: 1-888-819-1918), write us at Comenity
If you make a purchase under a Regular Revolving Credit Plan, interest
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
charges be imposed any billing period in which (i) no Previous Bal-
at comenity.net/americanlaser.
ance exists (ii) payments received and credits issued by the Payment Due
A. Getting Started
Date.
equal
exceed
the
Previous
Balance
Definitions
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown on your last Statement. there will be an interest
In this Agreement, "We, "Us' and "Our" mean Comenity Capital Bank. "You'
charge on each purchase from date of purchase
and "Your" mean each person who submits an application solicitation for an
If you make purchase under any Waive Interest Credit Plan, we won't
Account
with
us
'Account'
means
your
credit
account
with
us.
"Card"
means
charge interest the purchase if you pay the total purchase amount be-
each credit card we issue for your Account, as applicable. "Credit Plan" means
fore the end the promotional period. you don't pay the total purchase
one more payment program options American Laser Skincare may ask us to
offer from time time.
amount before the end of the promotional period, we'll add the remaining
amount
to
your
Regular
evolving
balance
We'll
also
begin
Upholding your Agreement
charging
inter-
est the purchase from the first day after the promotional period ends
You agree to the terms of this Agreement, and promise to do everything
If you make purchase under any Defer Interest Promotional Credit Plan
required of you. If you sign submit an plication or solicitation obtain
and don't pay the total amount before the end of the promotional period,
credit from us. you'l be legally bound by this Agreement You're also legally
we'l add the remaining purchase amount and the amount of accrued inter-
bound you sign charge slip, or permit someone else to use the credit
est to your Regular Revolving balance
provided.
If you make purchase under Low APR. Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will be from the date of purchase through the end of the
personal, family or household purposes and not for business or commercial
promotional period.
purpose.
How we calculate Interest Charges on your Account
If the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan, using "Daily Balance" to
bound by this Agreement. Each of you will be jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
sible for repaying all amounts due. If more than one person is responsible
follows:
for this Account, we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions one of you.
unpaid interest charges and fees).
Any authorized user of your Account will be bound by the terms of this
We subtract any payments or credit adjustments (treating any net credit
Agreement. One additional Card may be issued with the individual
balance as zero balance) and add new transactions and debit adjustments
an authorized user embossed on the Card. you want to revoke the use of
posted as of that day. This gives us the "Partial Daily Balance" for the day.
your Account by an authorized user, either write us at the address or call us
We then multiply the Partial Daily Balance for the day by the Daily Periodic
at the phone number, shown on your Statement
Rate This gives us the "Daily Interest Charge" for the day, which we add to
You agree to pay for all transactions made on your Account by an authorized
the day's Partial Daily Balance
user, whether or not such transactions were authorized by you or made for
We've now determined the "Daily Balance. which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
Card signature (as applicable)
charges.
For your own protection please sign your Card before using it Keep in mind that
At the end of each billing period, we add together each Credit Plan's Daily
your signature on the Card isn't a prerequisite to your igation to pay amounts
Interest Charge, which gives the total interest charge
incurred your Account.
Your Statement will show Balance Subject to Interest Rate. which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
Your Account may be used to make purchases from American Laser Skincare
total number of days.
and other retailers we may determine occasionally by notifying you via elec-
Rates
tronic mail, statement message, website posting or other method.
The Index in effect for each billing period will be the highest "Prime Rate"
We reserve the right to not honor transa tions related to, including, but
not
of interest as published in the "Money Rates" section The Wall Street
limited to. gambling, ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month which the billing pe-
Making payments
riod begins, rounded upward necessary to the nearest .001% "Index"
Pay your Account by sending check, money order. or cashier's check pay-
Any variable APR may increase the Index
able U.S. dollars, to the name and address shown on your Statement
An
increase
or
decrease
the
APR
will
result
in
corresponding
increase
specifie for payments. Please don't send cash
or decrease in the amount of interest and may increase the Total Minimum
Be sure to include your payment stub. not staple your payment to the
Payment
stub, use the envelope provided with your Statement and don't send any
Other fees and charges
respondence
with
your
payment
You agree to pay the following fees and charges:
If your payment doesn meet these requirements, it may not be credited to
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
your Account for to five days or may be rejected
ment Due Date. charge you late fee.
All written communications concerning disputed amounts, including
any
0 The fee $25 00 you were not charged late fee during any of the
check other payment instrument marked with payment in full' similar
six billing periods
language must be sent to 6550 North Loop 1604 East, Suite 101, San
o
Otherwise, the fee $35 00.
Antonio, Texas 78247-5004.
0
This fee will never exceed the minimum payment due that was due
o
We may accept payment sent to any other address without losing any
mediately prior to the date on which the fee was assessed
of our rights.
Returned Payment Fee We may charge you fee for each payment that your
o
No payment shall operate as an accord and satisfaction without our
bank doesn't honor for any reason.
prior written approval.
0 The $25. 00 if you were not charged returned payment fee dur-
B. Keeping your account in good standing
ing any of the prior six billing periods
0
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
Fail make payment when due
payment more than once.
Violate any provision of this Agreement
Document Fees: we provide you with copy of any Statement sales draft
Pass
away
or
similar
document
at
your
request
(except
connection
with
Become the subject of bankruptcy or insolvency proceedings
billing
error
inquiries resolution), we may charge the Account the following fee(s),
Supply us with misleading, false, incomplete or incorrect information
subject to any limitations applicable law:
Are unable or unwilling to perform the terms of this Agreement
Statement copy $6.00
Fail to supply us with any information we deem necessary
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
Check/Money Order copy $6.00
affiliates
Alternative Payment Method Fee: We may offer alternative payment meth-
Become incompetent
Exceed your Credit Limit
ods that allow you to make individual expedited payments to your Account
over
the
phone.
If
you
choose
to
this
payment
method,
we
may
assess
Issue payment returned unpaid by your bank for any reason
the current fee we charge for this service. subject any limitations of ap-
plicable law. Currently, that fee up to $15.00 but may change. We'll
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee
E. Other important information
For Wisconsin residents:
Collection costs
If you are married, please contact us immediately upon receipt of this A
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-866-610-5312 (TDD/TTY 1-888-819-1918 and provide us with
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
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 Capi
cable law we will give you advance written notice of the change(s) and right to
should be sent to the following address: Comenity Capital Bank, Ba
reject the change(s).
Department. PO Box 183043, Columbus. Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account,
now
at
any
time
the
future
and
all
to
and
proceeds
of
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY R
such goods. We waive any security interest we may have your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OR
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
WAIVER
SHALL
NOT
AFF
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY. WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABL FEDERAL LAW.
Prior to bringing lawsuit or initiating an arbitration that asserts a
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out of or related this Agreeme (as further defined below,
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the "Clain shall give the other
Transfer of Rights/Assignment
"Defendant") written notice of the Claim (a "Claim Notice' and re
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity, not than 30 days, to resolve Claim. Any Claim Noti
or otherwise, but your obligations will be binding upon your estate or personal
shall be sent in writing to the address we have in our records (or any
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement,
address
you
subsequently
provide
us)
Any
Claim
Notice
to
shall
or any of our rights under this Agreement, to another person or entity at any time
mail to Comenity Capital Bank, PO Box 182436 Columbus, Ohio 432
without prior notice to you or your consent.
(or any updated address we subsequently provide). Any Claim Notice
No Waiver of Rights
must provide your name, address and Account number. Any Claim Not
explain the nature of the Claim and the relief that is demanded. You
We delay enforcing our rights under this Agreement without losing them.
Severability
submit Claim Notice on your behalf and on behalf of any oth
No third party, other than lawyer you have personally retained, may
If any provision of this Agreement is in conflict with applicable law, that provision
will be considered to be modified to conform with applicable law.
Claim Notice on your behalf The Claimant must reasonably cooperate
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably req
C. Arbitration provision
All provisions of this agreement are valid, enforceable and applicable in New
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT
Jersey.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
F. Disputes and Reporting to Consumer Reporting Agencies
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SI
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM
You give us permissio 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
processing of your credit application. A report may also be requested
prior arbitration agreement between you and us ("Prior Arbitration Agre
connection
with
credit
extension.
credit
limit
request,
or
to apply, you may reject by mailing us written rejection notice which
update
Account
collectio
action.
or
dispute
investigation.
Upon
request,
name of each Cardholder and contains statement that you (both of you
we
tell
you
the
name
and
address
of
any
agency
that
than one) reject the Arbitration Provision of this Agreement. The rejectio
furnished report on you. You consent to the obtaining of such reports by
must be sent to us at Comenity Capital Bank, PO Box 182422, Columb
signing or otherwise submitting application solicitation.
43218-2422.
A
rejection
notice
is
only
effective
signed
by
you
(a
You
understand
that
we
may
report
negative
information
(such
as,
late
if more than one) and if we receive within thirty (30) calendar days
pay-
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreem or written notice
reporting agencies
you right to reject this Arbitration Provision. Your rejection of this A
You give permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your
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
Credit report disputes
(and not elsewhere this Agreement), the terms "we, "us' and "our"
If you believe the Account information we reported to consumer reportir ng agen-
Comenity Capital Bank any parent, subsidiary or affiliate of the Bank
employees
officers
and
directors
of
cy you may submit direct dispute to Comenity Capital Bank, PO
such
companies
(the
'Bank
Partie
Box
182120
Columb
Ohio
(b) any other person or company that provides any services in
Your written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or compa
and specify why the information is inaccurate
same time you assert Claim against any Bank Party.
Account Informat Your name and Account number
3. Covered Claims: 'Claim' means any claim, dispute or controversy
Contact Information: Your address and telephone number
you and us that in any way arises from or relates this Agreement, the
Disputed Information: Identify the Account information disputed and ex-
the
issuance
of
any
Card,
any
rewards
program,
any
prior
agreement
or
plain
why
you
bel
ieve
it
is
inaccurate
"Claim" includes disputes arising from actions or omissions prior to
Supporting available provide copy of the section of the
any Card was issued to you, including the ritising related to. applio
credit report showing the Account information you are disputing
or approval of the Account. "Claim" has the broadest mean
We will investigate the disputed information and report the results to you within
includes initial claims, claims and third-party
30
days
of
receipt
of
the
information
needed
for
investigation
If
we
find
that
includes disputes based upon contract, tort. consumer rights, fraud
our
the Account information we reported is inaccurate. we will promptly provide the
intentional torts, constitution, statute. regulation, ordinance,
necessary correction to each consumer reporting agency to which we reported
equity (including any claim for injunctive or declaratory relief). "Claim'
the
information
include disputes about the validity, enforceability coverage or scope of
Your Billing Rights: Keep This Document For Future Use
tration
Provision
or
any
part
thereof
(including,
without
limitation,
the
pr
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or
party
proceedings
described
in
Paragraph
C.7
(the
"Class
Action
Credit
Billing
Waiv
Act
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph C.13 and/or this sentence): all such dispute
If you think there an error on your statement, write to us at: Comenity Capital
a court and not arbitrator to decide However any dispute or argun
Bank, PO Box 182620, Columbus Ohio 43218-2620
concerns the validity or enforceability of the Agreement as whole
arbitrator, not court, to decide.
In your letter, give us the following information:
4. Starting an Arbitration: Arbitration may be elected by any party with
Account
information:
Your
name
and
account
number
to
any
Claim,
even
that
party
has
already
initiated
lawsuit
with
Dollar amount: The dollar amount of the suspected error.
different Claim started by giving written demand for
Description problem: If you think there an error on your bill, describe
what you believe is wrong and why you believe it is mistake.
to the other party. We will not demand to arbitrate an individual
against small claims court or your state's equivalent court
You must contact us
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to different court,
have the right to demand arbitration.
At
least
3
business
days
before
an
automated
payment
is
scheduled,
if
you
want to stop payment on the amount you think wrong.
5. Choosing the Administrator: "Administrator" means
the
American
A
You notify us of any potential errors in writing You may call us. but if you
Association ("AAA"), 1633 Broadway 10th Floor, New York, NY
do we are not required to investigate any potential errors and you may have to pay
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York. NY 1001
or any other company selected by mutual agreement of
question
ties. both AAA and JAMS cannot or will not serve and the parties
What Will Happen After We Receive Your Letter
to select an Administrator by mutual consent, the Administrator will be
When receive your letter, we must do two things:
1. Within 30 days of receiving your letter. we must tell you that we received
by court. The arbitrator will be appointed by the Administrator acc
your
letter. We will also tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must
2.
Within
90
days
of
former judge lawyer with at least 10 years experience get
receiving
your
letter,
we
must
either
correct
the
error
or
Administrator
if
you
give
us
written
notice
of
your
selection
with
your
explain to you why we believe the bill correct.
While we investigate whether or not there has been an error:
you are elect to arbitrate any Claim within 20 days after we give
that we electir rbitrate any Claim you dispute
We cannot try to collect the amount in question, or report you as delinquent
on that amount
of the Claim, within 20 days after that dispute is finally
you not select the Administrator on time, do it. Notwith
The charge in question may remain on your statement and we may continue
to
charge
you
interest
that
any language in this Arbitration to the contrary, no arbitration
on
amount.
While you do not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arbitration, by any
the
remainder
of
balance
istrator that has place a formal or informal policy that is inconsistent
Class Action Waiver
We can apply any unpaid amount against your credit limit.
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights
After we finish our investigation. one of two things will happen:
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE R
made mistake: You will not have to pay the amount in question or any
PURSUE THAT CLAIM COURT OR HAVE JURY DECIDE THE CLAIM
interest other fees related to that amount
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITE
If
we
do
not
believe
there
was
mistake
You
will
have
to
pay
the
amount
in
ARBITRATION THAN IN LAWSUIT. OTHER RIGHTS THAT YOU WOUL
question, along with applicable interest and fees. We will send you state-
ment
of
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRA
the
amount
you
and
the
date
payment
due.
We
may
then
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT
report you as delinquent you do not pay the amount we think you owe
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN
If
you
receive
our
explanation
but
still
believe
your
bill
is
wrong,
you
must
write
ACTION
IN
COURT
OR
IN
CLASS-WIDE
ARBITRATION
EITHER
AS
to us within 10 days telling us that you still refuse to pay. you we cannot
TIFF. DEFENDANT OR ASS MEMBER: (2) NEITHER YOU NOR WE
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRAT
We must tell you the name of anyone to whom we reported you as delinquent,
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR
C
and must let those organizations know when the matter has been settled
DATED WITH CLAIMS BROUGHT BY AGAINST ANY OTHER PERSO
between
If we do 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 C
CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL ARBIT
the
you
even
your
bill
correct.
OR MULTIPLE-PARTY ARBITRATION
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you satisfied with the goods or services that you have purchased with
8. Location and Costs of Arbitration: Any arbitration hearing that yo
must
take
place
location
reasonably
convenient
to
you.
We
pay
your credit card, and you have tried in good faith to correct the problem with
the
all fees of the Administrator and/or the arbitrator if applicable law
merchant, you may have the right not to pay the remaining amount due on the
to,
if
you
prevail
in
the
arbitration
or
we
must
bear
such
fees
orde
purchase.
Arbitration Provision to be enforced. If you demand an arbitration, we
To this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles
your reasonable attorneys and experts fees if you prevail or we must
of
your
mailing
the
fees in order for this Arbitration Provision to be enforced Also, will
current
address.
and
purchase
price
must
have
been
fees
applicable
law
us
to.
than $50. (Note: Neither of these are necessary if your purchase was based on
9. Governing Law: This Provision involves interstate
an advertisement we mailed to you, or if we own the company that sold you the
is governed by the Federal Arbitratio Act, 9 U.S.C. §§ 1-16 (the "FA
goods services.)
2.
You
must
have
used
credit
card
for
the
not by any state arbitration law. The arbitrator must apply applicable sul
your
purchase.
Purchases
made
with
consistent with the FAA and applicable statutes limitations and
cash advances from an ATM or with check that accesses your credit card ac-
privilege
at
law.
The
arbitrator
may
award
any
count
do
not
qualify.
remedy
provide
3. You must not yet have fully paid for the purchase
substantive law that would apply the action were pending in court
without
limitation,
punitive
damages,
which
shall
be
governed
by
the
all of the criteria above are met and you are stil dissatisfied with the purchase,
contact us writing at
tional standards employed by the courts). At the timely request of eith
the
arbitrator
must
provide
brief
written
explanation
of
the
for
Comenity Capital Bank
PO Box 182620, Columbus, Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights to obtain
While we investigate, the same rules apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator either party ma
a written request to the arbitrator to expand the scope of discovery nor
above. After we finish our investigation we will tel you our decision. At that
lowable under the arbitration rules of the Administrator The arbitrator
point, we think you owe an amount and you do not pay, we may report you as
discretion
to
grant
or
deny
that
delinquent.
11. Arbitration Result and Right of Appeal: Judgment upon the ar
G. Optional products
award be by any having jurisdiction The
Credit insurance (as applicable)
is
final
and
binding,
except
for
any
right
appeal
provided
by
the
FAA.
Purchasing credit insurance optional If you do choose to carry credit insurance
if the amount of the Claim $50.000 or involves request for
coverage, the premium charge will be added to your Account as purchase on
or declaratory relief that could foreseeably involve cost or benefit to eit
the last day of each billing period. You can cancel your coverage at any time.
exceeding
$50,000,
any
party
can,
within
30
days
after
the
entry
of
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to three-arbitrator panel administer
Purchasing Account Assure is optional
Administrator.
The
panel
shall
reconsider
anew
any
aspect
of
the
initi
Your decision whethe not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by
application for credit or the terms of any existing credit agreement you have
vote. in this Arbitration Provision to "the arbitrator" shall
with
panel an appeal the arbitrator's decision has been taken The costs
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
appeal will be borne accordance with Paragraph C.8. above.
balance your Account each month and be added to
12. Rules of Interpretation: This Arbitration Provision shall survive
th
We'l provide additional information before you'r required to pay for Ac-
ment of all amounts owed under this Agreement, the closing of the Acco
count Assure This will include copy of the terms and conditions pertain-
legal proceeding and any bankruptcy to the extent consistent
ing to Account Assure.
bankruptcy
law.
In
the
event
of
conflict
or
inconsistency
between
this
You can cancel your Account Assure at any time.
tion Provision on the one hand, and the applicable arbitratic rules
of
There are eligibility requirements conditions and exclusions that could pre-
this
on
the
other
hand,
this
Arbitration
vent you from receiving benefits under Account Assure
govern This Arbitration Provis replaces any Prior Agreem
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision, other than
of
Account
Assure
Action Waiver, is deemed invalid or unenforceable the remaining portio
H. Communicating with us
nevertheless remain in force If a determination is made that the Clas
Waiver
is
unenforceable,
only
this
sentence
of
the
Arbitration
Agreement
Communicating to you about your Account
main in force and the remaining provisions shall be null and
If we need to contact you to service your Account or to collect amounts you owe
the determination concerning the Class Action Waiver shall be subject
to us, you give direct consent to us, as well servicers. agents, contractors and
14. Special Payment: (1) you submit Claim Notice in accorda
collectors your Account, communicate with you in any way, such as calling,
Paragraph
above
your
own
behalf
(and
not
on
behalf
of
any
othe
texting,
or
electronic
mail
via:
(2) we refuse to provide you with the relief request: and
1)
a cell. landline or number you provide use to contact us, or at which
subsequently
determines
that
you
were
entitled
to
such
relief
(or
greate
we believe we can reach you (even it is not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs
any electronic mail address you provide to one of our merchants,
you are entitled)
automated dialer systems and automatic telephone dialing systems,
re-recorded or artificial voice messages and other forms of communica-
comenity
Comenity Capital Bank, Salt Lake City, UT
tions.
You also agree that these communications aren't unsolicited for purposes of any
ALSC
state or federal law. and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with 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 21.74%.
(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