Your Carter Lumber Credit Card account agreement.
817871016 (03/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default, we may suspend your ability to make
about using and managing your account. including a Privacy
charges, close your Account, require you to pay the full amount you owe im-
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
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
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 183003. Columbus,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 or call at 1-888-304-3974 (TDD/TTY 1-888-819-1918)
an Arbitration Provision in the event of dispute
You will not be liable for any unauthorized use that occurs after you notify us. You
may however, be liable for unauthorized that occurs before your notice to us.
You have 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
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 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 re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records
and include one more Regular Revolving or promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
In the following sections, you will find information on:
promotional Credit Plan 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 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
stolen,
applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C. Learning more about your account credit plans, and credit limits, and how
Plan offering.
payments
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
account
balance.
E. Other important information: legal rights, costs, and how we'l 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,
Waive Interest, Equal Payment
o Defer Interest. Low Payment
and receive from reporting agencies, and what to do if you think
Waive Interest, Low Payment
o Low APR. Equal Payment
there is an error on your periodic statement
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 ski 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 be imposed. This will not be considered a waiver of any of the
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 set for your Account
If you do exceed your Credit Limit we can still charge you for all transac-
18.99%
tions, interest and other charges without giving up any of our rights under
Annual Percentage
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
You may cancel your Account. You're still obligated to pay the full amount
you
owe
Your due date is at least 25 days after
We may cancel your Account at any time, for any reason
How to Avoid
the close of each billing cycle. We will
We may refuse to authorize any purchase on your Account. We may also
Paying Interest
not charge you interest on purchases if
suspend your Account and your right to use your Card, including each Card
you pay your entire balance by the due
you
give
others.
date each month.
We may stop offering any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn't negate your obligation to
Minimum Interest
If you are charged interest, the charge
pay any amount owe us
Charge
will be no less than $1.00 per credit
Cancellation of your Account includes each Card you give to others.
plan
Minimum Payment
You can pay all of your Account balance at any time without
For Credit
To learn more about factors to consider
penalty.
Card Tips from
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 Payment is the total of minimum payments for the Regu-
Protection Bureau
lar Revolving and promotional Credit Plans plus any Past Due amounts
www.consumerfinance.gov/learnmore
The Total Minimum Payment won't be less than $25.00 If your Account
balance less than $25.00, you must pay the amount indicated on your
Fees
Statement full.
Annual Fee
The minimum payment for each Credit Plan is calculated as follows:
None
o
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:
(a) $5.00; or
Returned Payment
Up to $25
(b) 5% up to the nearest $1.00) of the New Balance
shown on your for that Credit Plan.
How We Will Calculate Your Balance: We use a method called
o
The for the Waive Interest, Equal Payment and De-
'daily balance." See your Account agreement for more details.
fer Interest, Equal Payment Credit Plans will be the amount of the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number of months between the date of the pur-
chase romotional period end date (minimum $5.00) rounded
and how to exercise those rights is provided in your account
to
the
nearest
$1.00.
agreement.
The minimum payment for the Low APR. Equal Payment Credit Plan
will the amount of the purchase includ ng the calculated interest
Rate Information: The following chart provides details on your rate as of March 1,
charges 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 of months be-
tween the date the purchase and the promotional period end date
Add Index
APR
Daily Periodic Rate
(minimum $5.00) rounded up to the nearest $1.00.
o
Purchase APR
15.74%
The minimum payment for the Waive Interest, Low Payment and Defer
18.99%
0.05202%
Interest Low Payment Credit Plans will be the greater of:
We'll charge you minimum interest charge of $1.00 per credit plan for any
(a) $5.00
billing period in which interest is due. For additional information, see Rates in
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Section D.
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 we see fit, which may result in balances subject to
plus any Past Due amounts. The Total Minimum be
lower interest rates being paid prior to other balances. This may also result
less
than
$25.00.
If
your
Account
balance
less
than
$25
00
you
must
pay
the
in
higher
interest
charges
amount indicated on your billing statement Statemen 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 law
(a)
$5.00;
or
Excess payments received before deferred interest expires are
(b) 5% 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 up 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 March 1, 2014. Due to
a change index, this information may have changed fino out more, call
If you make a purchase under a Regular Revolving Credit Plan, interest
us at 1-888-304-3974 (TDD/TTY: 1-888-819-1918). or write us at Comenity
charges won't be imposed in any billing period in which (i) Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
ance exists or (ii) payments received and credits issued by the Payment Due
at comenity.net/carterlumber.
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
Payment Due Date shown on your last Statement, there will be an interest
Definitions
charge on each purchase from the date of purchase
In this Agreement, "We Us' and "Our" mean Comenity Capital Bank. "You"
If you make purchase under any Waive Interest Credit Plan. won't
and "Your' mean each person submits application or solicitation for an
charge interest on the purchase you pay the total purch amount be-
Account with "Account" means your credit card account with us. 'Card'
fore the end of the motional period. you don't pay the total purchase
means each credit card we issue for your Account, as applicable. "Credit Plan"
amount before the end of the promotional period. add the remaining
means one or more payment program options Carter Lumber may ask us to offer
amount to 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
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 you sign or submit application solicitation obtain
add the remaining purchase amount and the amount of accrued inter-
credit from us, you 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 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 commercial
How we calculate Interest Charges on your Account
purpose
We calculate interest separately for each Credit Plan, using "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 by this Agreement Each of you wi be 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
you.
We subtract any payments credit adjustments (treating any 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 by the Daily Periodic
your Account by an authorized either write us 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 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 us the total interest charge
your signature on the Card isn' a prerequisite to your obligation to pay amounts
Your Statement will show Subject to Interest Rate which is the
incurred 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 Carter Lumber and other
Rates
retailers we may determine occasionally by notifying you via electronic mail,
The Index in effect for each billing per iod will be the highest 'Prime Rate"
statement message, website posting, other method
of interest as published the "Money Rates' section of The Wall Street
We reserve the right to not honor transactions related to. including but not
Journal the calendar month preceding the month which the billing pe-
limited to, gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward if 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 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, 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
correspondence
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, we will charge you late fee
your Account for up to five days, or may rejected
O The fee $25.00 you were not charged a late fee during any of the
All written concerning disputed amounts, including any
prior six billing periods
check other payment rument marked with 'payment in full" similar
o
Otherwise the fee $35.00
language must sent to 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
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 r 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 of the prior six billing periods
B. Keeping your account in good standing
0
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed.
Avoiding default
Although we may decide to do so, we aren't required to attempt to collect a
You'll be in default under this Agreement if you:
payment
more
than
once.
Fail to make any payment when due
Document Fees: we provide you with copy of any Statement sales draft
Violate provision of this Agreement
or similar document at your request (except in connection with billing error
Pass
away
inquiries or resolution), we may charge the Account the following fee(s),
Become the subject of bankruptcy or insolvency proceedings
subject any limitations of applicable law:
Supply us with misleading, false. complete or incorrect information
o
Statement copy $6.00
Are unable unwilling to perform the terms or conditions of this Agreement
o
Sales/Credit Draft copy $6.00
Fail supply with any information we deem necessary
o
Check/Money Order copy $6 00
Default under any other loan or agreement you have with us or any of our
Alternative Payment Method Fee: We may offer alternative payment meth-
affiliates
ods
that
allow
you
to
make
individual
expedited
payments
to
your
Account
Become incompetent
over the phone. If you choose to use this payment method we may
Exceed your Credit Limit
the current fee we charge for this service, subject to any limitations ap-
Issue payment returned unpaid by your bank for any reason
plicable law. Currently that fee up $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 Agre
To the extent not prohibited by applicable law. you agree to pay the reasonable
at 1-888-304-3974 (TDD/TTY 1-888-819-1918) and provide us with the
costs for collecti 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 and related correspondence to Comenity Capit
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, Bank
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
in
the
future
and
in
al
accessions
to
and
proceeds
of
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE ANY RIGH
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN EVENT OF LAWSUI ARISING OUT OF OR REL
ing, the extent that would otherwise secure any obligation arising hereunder
TO
THIS
AGREEMENT.
THIS
JURY
TRIAL
Changes
WAIVER
to
SHALL
NOT
your
information
AFFECT
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 UTAH AND APPI ICABLE FEDERAL LAW.
Prior
to
bringing
lawsuit
or
initiating
an
that
asserts
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
claim
MITTED OR REQUIRED BY APPLICABLE LAW.
ing out of related to this Agreement (as further defined below. "Cla
the
party
asserting
the
Claim
(the
"Claimant"
shall
give
the
other
Transfer of Rights/Assignment
part
"Defendant") written notice of the Claim (a "Claim Notice" and
Your
rights
under
this
can't
be
transferred
by
you,
by
operation
of
law
opportunity,
not
than
30
days,
to
resolve
the
Claim.
Any
Claim
Notice
or otherwise, but your obligations will be binding upon your estate or
shall be sent writing to the address we have in our records (or any up
representatives
We
may
transfer
assign
your
Account
and/or
this
Agreement,
address
subsequently
provide
to
us)
Any
Claim
Notice
to
shall
be
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.
without prior notice to you or your consent
No Waiver of Rights
(or any updated address we subsequently provide). Any Claim Notice you
must
provide
your
name,
address
and
Account
number
Any
Claim
Notice
can delay enforcing our rights under this Agreement without losing them.
explain
the
nature
of
the
Claim
and
the
relief
that
Severability
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
of
any
other
If any provision of this Agreement is in conflict with applicable law. that provision
No
third
party,
other
than
lawyer
have
personali
will be consider be modified to conform with applicable law.
Claim
Notice
on
your
behalf.
The
Claimant
must
reasonably
cooperate
in
Notice to New Jersey Residents
ing any about the Claim that the other party reasonably reques
All provisions of this agreement are valid, enforceable and applicable in New
C.
Arbitration
provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT RE
Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.
Credit Reports
LOW, WILL BE PART OF THIS AGREEMENT AND WILL HAVE SUBS
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 your credit application. A report may also be requested in
prior arbitration agreement between you and us ("Prior Arbitration Agreem
connection
with
credit
extension,
credit
limit
request.
Account
renewal
or
to
apply,
you
may
reject
by
mailing
us
written
rejection
notice
which
update, Account collection action, or dispute investigation. Upon request.
give
we
will
name each Cardholder and contains statement that you (both of you,
tell
you
the
name
and
address
of
any
reporting
agency
that
than
one)
reject
the
Arbitration
Provision
of
this
Agreement.
The
rejection
furnished report on you. You consent the obtaining of such reports by
must be sent to us Comenity Capital Bank. PO Box 182422, Columbus
signing
otherwise
submitting
an
application
solicitation.
43218-2422.
rejection
notice
only
effective
if
is
signed
by
you
(all
You understand that we report negative information (such as, late
pay-
if more than one) and if we receive it within thirty (30) calendar days aft
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 Arbit
You
give
us
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
Pro
Credit report disputes
(and
not
this
the
terms
If you believe the Account information we reported to consumer reporting ager
Capital Bank, any parent. subsidiary or affiliate of the Bank an
you may submit direct dispute to Comenity Capital Bank, PO
employees,
and
directors
of
such
companies
(the
"Bank
Parties
Box
182120
Columbus,
Ohio
43218-2120
(b) any other person company that provides any services connection
written dispute must provide information to identify the Account
this
Agreement
you
assert
Claim
agains
such
other
person
or
company
and
specify
why
the
information
is
inaccurate:
assert Claim against any Bank Party.
Account
Information:
Your
name
and
Account
number
3.
Covered
Claims:
'Claim'
means
any
claim,
dispute
or
controversy
be
Contact Information: Your address and telephone number
you and us 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
plain
why
you
believe
inaccurate
"Claim' includes disputes arising from actions omissions prior the
Supporting
Documentation:
available
provide
copy
of
the
section
of
the
any
Card
was
issued
you,
including
the
advertising
related
to,
application
credit report showing the Account information you are disputing
or approval of the Account. "Claim" has the broadest possible meaning
We
investigate
the
disputed
information
and
report
the
results
to
you
within
includes
initial
claims,
counterclaims,
cross-claims
and
third
party
clair
30 days of receipt of the information needed for our investigation we find that
includes disputes based contract, tort, consumer rights, fraud and
the
Account
information
we
reported
is
we
will
promptly
provide
the
intentional
constitution.
statute.
regulation.
ordinance.
common
lav
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 or any part thereof (including, without limitation, the prohi
This notice tells you about your rights and our responsibil ies under the Fair
against
class
proceedings.
private
attorney
general
proceedings
and/or
mu
Credit Billing Act
party
proceedings
described
in
Paragraph
C.7
(the
"Class
Action
Waiver"
What Do If You Find A Mistake On Your Statement
last
sentence
of
Paragraph
and/or
this
sentence);
all
If you think there is an error on your write to us at: Comenity Capital
a
court
and
not
an
arbitrator
to
decide.
However,
any
dispute
or
argumen
Bank, PO Box 182620 Columbus, Ohio 43218-2620
concerns the validity or enforceability of the Agreement as whole is fo
In
your
letter,
give
us
the
following
arbitrator,
not
court
to
decide.
Account
Your
name
and
number
4.
Starting
an
Arbitration:
Arbitration
may
be
elected
by
any
party
with
Dollar
amount
The
dollar
amount
of
the
suspected
error
to
any
Claim
that
party
has
already
tiated
lawsuit
respec
Descr ription problem: you think there is an error on your bill, describe
different Claim Arbitration is started by giving written demand for arbit
what you believe is wrong and why you believe it is mistake.
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
Claim
tha
You
must
contact
against us small claims court or your state's equivalent court, an
Within 60 days after the error appeared on your statement.
that
Claim
is
transferred,
removed
or
appealed
to
different
court,
we
least 3 business days before an automated 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
American
Arbit
You must notify us of any potential errors writing. You may call us, but if you
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019,
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
10018
the
amount
in
question
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
serve
and
the
parties
are
When we receive your letter, we must do two things:
to select an Administrator by mutual consent. the Administrator be sel
Within
30
days
receiving
your
letter.
we
must
tell
you
that
we
received
your
by
court.
The
arbitrator
will
appointed
by
the
Administrator
in
letter. We also tell you 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
judge
or
lawyer
with
at
least
years
of
experience
You
to
explain
to
why
we
believe
the
bill
correct
Administrator you give written notice of your selection notice
While
we
investigate
whether
or
not
there
has
been
an
error:
you
are
electing
to
arbitrate
any
Claim
within
20
days
after
you
We cannot try to collect the amount in question, or report you as delinquent
that
electing
arbitrate
any
Claim
(or,
if
you
dispute
our
right
on that amount
arbitration
of
the
Claim,
within
20
days
after
that
dispute
is
finally
The charge in question may remain on your statement, and we may continue
If
you
do
select
the
Administrator
on
time.
may
do
Notwithst
to
charge
you
interest
on
that
amount
any
language
in
this
Arbitration
Provision
to
the
contrary
no
arbitration
While you do not have to pay the amount in question, you are responsible for
administered
without
the
consent
of
all
parties
to
the
arb
by
any
the
remainder
of
your
istrator that has place formal or informal policy that is inconsistent wit
We
can
apply
any
unpaid
amount
against
your
credit
limit.
Class Action Waiver
After we finish our invest one of two things will happen:
6.
Court
and
Jury
Trials
Prohibited:
Other
Limitations
on
Legal
Rights:
IF
we
made
mistake:
You
will
not
have
pay
the
amount
in
question
or
any
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE RIGH
interest
other
fees
related
to
that
amount.
PURSUI
THAT
CLAIM
IN
COURT
OR
HAVE
JURY
DECIDE
THE
CLAIM.
If
we
not
believe
there was
mistake:
will
have
to
pay
the
amount
in
YOUR
ABILITY
TO
INFORMATION
FROM
US
IS
MORE
LIMITED
quest along applicable interest and fees. We will send you state-
BITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD
ment
of
the
amount
you
and
the
date
payment
due.
We
may
then
IF
YOU
WENT
TO
COURT
MAY
ALSO
NOT
BE
AVAILABLE
IN
ARBITRATIO
report you as delinquent if you pay the amount we think you owe
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO
If
you
receive
our
explanation
but
still
believe
your
bill
wrong,
you
must
TRATE
A
CLAIM:
(1)
EITHER
YOU
NOR
WE
MAY
PARTICIPATE
IN
A
CI
to us within 10 days telling us that you still refuse to pay. do
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A
report
you
delinquent
without
also
reporting
that
you
are
questioning
your
bill.
TIFF.
DEFENDANT
OR
CLASS
MEMBER:
(2)
NEITHER
YOU
NOR
WE
MAY
We must tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION
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:
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
COND
the you even 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
dissatisfied
with
the
goods
or
services
that
you
have
purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that you
your
credit
card
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
must
take
place
location
reasonably
convenient
to
you.
pay
merchant, you may have the right not to pay the remaining amount due on the
all
fees
of
the
Administrator
and/or
the
arbitrator
if
applicable
law
require
purchase.
to,
you
prevail
in
the
arbitration
or
we
must
bear
such
fees
order
fo
To use this right, all of the following must be true:
Arbitration
Provision
to
be
enforced
If
you
demand
an
arbitration.
wil
1
The
purchase
must
been
made
in
your
home
state
or
within
100
miles
your
reasonable
attorneys
and
experts
fees
you
prevail
or
we
bear
of
your
current
mailing
address.
and
the
purchase
price
must
fees in order for this Arbitration Provision to be enforced Also, we will bea
than
$50.
(Note:
Neither
of
these
are
cessary
your
purch
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
goods
services.)
is
governed
by
the
Federal
Act
9
U.S.C
§§
1-16
(the
FAA"
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
not
by
any
state
arbitration
law.
The
arbitrator
must
apply
applicable
substa
from an ATM or with check that accesses your credit card ac-
law with the FAA and applicable statutes of imitations and clair
not
qualify.
privilege
at
law.
The
arbitrator
may
award
any
remedy
provided
3. must yet have fully paid for the purchase.
substant tive law that would apply if the action were pending in (inclu
the criteria above are met and you are still dissatisfied with the purchase,
without
punitive
damages,
which
shall
be
governed
by
the
Con
contact us writing at:
tional standards employed by the courts). At the timely request of either
Comenity Capital Bank
the
arbitrator
must
provide
a
brief
written
explanation
of
the
basis
for
the
PO Box 182620. Columbus, Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights to obtain disc
While
we
investigate,
the
same
ru
apply
to
the
disputed
amount
as
discussed
pursuant
to
the
arbitration
rules
of
the
Administrator.
either
party
may
above After we finish our investigation, we will tell you our At that
a written request to the arbitrator to expand the scope of
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
discretion
grant
or
deny
that
request.
G. Optional products
11.
Arbitration
Result
and
Right
of
Appeal:
Judgment
upon
the
arbitr.
Credit insurance (as applicable)
award may be entered by any court having jurisdiction. The arbitrator's dec
is
final
and
binding,
except
for
any
right
appeal
provided
by
the
FAA.
Purchasing credit insurance is optional If you do choose to carry credit insurance
How
the amount of the Claim exceeds $50 0.000 or involves request for injun
coverage,
the
premium
charge
will
be
added
to
your
Account
on
or
declaratory
relief
that
could
foreseeably
involve
cost
or
benefit
to
either
the last day of each billing period. You can cancel your coverage at any time.
Account Assure Debt cancellation (as applicable)
exceeding $50,000. any party can, within 30 days after the entry of the
by
the
arbitrator.
appeal
the
award
to
three
arbitrator
panel
stered
Purchasing Account Assure optional
Administrator
The
panel
shall
reconside
anew
any
aspect
of
the
initial
Your
decision
whether
not
purchase
Account
Assure
won't
affect
requested
by
the
appealing
party.
The
decision
of
the
panel
by
ma
application for credit or the terms of any existing credit agreement you have
vote.
Reference
in
this
Arbitration
Provision
to
"the
arbitrator"
with
panel
f 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
an
appeal
in
accordance
with
aragraph
above.
balance
on
your
Account
each
month
and
will
be
added
to
your
Statement
12.
Rules
of
Interpretation:
This
Arbitration
Provisio
shall
survive
the
We'l
provide
additional
information
before
you're
to
pay
for
Ac-
ment
of
all
amounts
under
this
the
closing
of
the
count Assure This will include copy of the terms and conditions pertain-
and any uptcy to the extent with applio
ing
to
Account
Assure
kruptcy
law.
the
event
of
conflie
stency
between
this
Arl
You can cancel your Account Assure at any time.
tion Provision. on the one hand, and the plicable arbitration rules or the
There
are
eligibility
and
exclusions
that
could
pre-
provisions
of
this
Agreement,
on
the
other
hand,
this
Arbitration
vent
you
from
receiving
benefits
under
Account
Assure
This Arbitration Provision replaces any Prior Arbitration Agreement
Be sure to carefully read the Addendum for a full explanation of the terms
13.
Severability:
any
portion
of
this
Arbitration
Provision,
other
than
the
of
Account
Assure.
Action Waiver, deemed invalid or unenforceable. the remaining portions
H. Communicating with us
nevertheless
remain
in
force.
If
a
determinati
is
made
that
the
Class
Communicating to you about your Account
Waiver is unenforceable, only this sentence of the Arbitration Agreement
If
main
need
to
in
force
we
contact
to
and
the
remaining
or
to
provisions
shall
be
you
service
your
null
and
Account
collect
void,
amounts
you
owe
to us, you give direct consent to us. as well as agents, contra and
the determination concerni the Class Action Waiver shall be subject to ap
collectors of your Account to icate with you any way, such as calling,
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
accordance
texting,
or
electronic
mail
Paragraph above on your own behalf (and not on behalf of any other
1)
(2)
cell.
refuse
provide
with
landline
text
the
relief
you
request:
and
number
arbit
you
provide,
use
to
contact
us,
or
at
which
we
believe
can
reach
you
(even
not
yours),
subsequently that you entitled such relief (or greater
2)
any electroni mail address you provide to of our merchants,
the arbitrator shall award you at least $5,100 (plus any fees and costs to
automated
dialer
you are entitled)
systems
and
automatic
telephone
dialing
systems.
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
comenity
Comenity Capital Bank, Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
state or federal law, and you understand that this may result in additional mobile,
299ALLCOS
text message, or data charges
81 7871016
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 ca Is 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 15.74%.
(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 $1.00 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