Your Westgate Rewards MasterCard Credit Card account agree-
WGTCCA0514
ment.
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
This card is issued by Comenity Bank pursuant to a license from
ments for Regular Revolving and Promotional Credit Plan purchases plus any
MasterCard. MasterCard is a registered trademark of MasterCard
Past Due amounts. The total Minimum Payment Due on your account won't be
International Incorporated. This Agreement covers the Terms
less than $25.00. If your Account balance is less than $25.00 you must pay the
amount indicated on your Statement in full. The Minimum Payment Due for each
and Conditions of your account with us. In this document, you
Regular Revolving and Cash Revolving Credit Plans will be:
will find important information about using and managing your
The greater of:
account, including a Privacy Statement and information con-
o
1% of the New Balance, excluding any new Regular Revolving or Cash
cerning your billing rights. Your use of the account, or failure
Revolving Credit Plan Finance Charges shown on the Statement; or
o
$5.00
to close the account within the 30 days of receiving this docu-
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
ment, indicates your acceptance of the terms of this agreement,
Charges shown on the Statement rounded up to the nearest $1.00.
including the assessment of any interest charges and fees.
See
Minimum Payment in Section C below for promotional credit plan minimum
Section i of this Agreement also includes a Jury Trial Waiver and
payment calculations.
an Arbitration Provision in the event of a dispute.
The APR information described below is accurate as of May 1, 2014. Due to a
change in the index, this information may have changed. To find out more, call
You have a right to reject this Arbitration Provision.
us at 1-866-886-1013 (TDD/TTY: 1-800-695-1788), or write us at Comenity
If you do not reject this Arbitration Provision, it will be part
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
of this Agreement and will:
comenity.net/westgatecard.
o
Eliminate your right to a trial by jury; and
A. Getting Started
o
Substantially affect your rights, including your right to
Definitions
bring, join in or participate in class proceedings.
In this Agreement, "We," "Us" and "Our" mean Comenity Bank "You" and
Please read each section carefully and keep this document for
"Your" mean each person who submits an application or solicitation for an Ac-
your records.
count with us. "Account" means your credit card account with us. "Card" means
each credit card we issue for your Account, as applicable. "Credit Plan" means
In the following sections, you will find information on:
one or more payment program options Westgate Resorts, LTD may ask us to offer
Financial terms of your account: An at-a-glance summary of the fees and charges
from time to time.
associated with your account
Upholding your Agreement
A. Getting started: the basics of your account
You agree to the terms of this Agreement, and promise to do everything
B.
Keeping your account in good standing avoiding default, and what to do if
required of you. If you sign or submit an application or solicitation to obtain
your card is lost or stolen, as applicable
credit from us, you Il be legally bound by this Agreement. You're also legally
C.
Learning more about your account: credit plans, and credit limits, and how
bound if you sign a charge slip, or permit someone else to use the credit
payments are calculated and applied
provided.
D.
Interest, fees and charges: when and how fees and costs are applied to your
You agree that the credit extended under your Account will be used only for
account
personal, family or household purposes and not for business or commercial
E.
Other important information: legal rights, costs, and how we'll handle
purpose.
changes to your account
If the Account is a joint Account, you and the joint Account holder will
F.
Disputes and reporting to consumer reporting agencies: data we provide,
be bound by this Agreement. Each of you will be jointly and individually
and receive from, consumer reporting agencies, and what to do if you think
responsible for repaying all amounts due. If more than one person is re-
there is an error on your periodic statement
sponsible for this Account, we will only provide billing statements and com-
munications to one of you.
G.
Optional products: how to protect your account from fraud or theft, and
information on services that can help pay your debt in case of emergencies
Any authorized user of your Account will be bound by the terms of this
Agreement. One additional Card may be issued with the individual name of
H.
Communicating with us: what happens when you contact us
an authorized user embossed on the Card. If you want to revoke the use of
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
your Account by an authorized user, either write us at the address, or call us
a jury trial waiver and Arbitration provision
at the phone number, shown on your Statement.
Privacy statement: how we collect, use, share, and protect your personal informa-
You agree to pay for all transactions made on your Account by an authorized
tion; and the privacy choices you can make
user, whether or not such transactions were authorized by you or made for
Financial terms of your account
your benefit.
Card signature (as applicable)
Interest Rates and Interest Charges
For your own protection, please sign your Card before using it. Keep in mind that
your signature on the Card isn't a prerequisite to your obligation to pay amounts
22.99%, 19.99%, or
incurred on your Account.
Using your Account
Annual
13.99% when you open your
Your Account may be used to make purchases from anywhere MasterCard
is
Percentage
accepted.
Rate (APR) for
account, based on your creditworthiness.
We reserve the right to not honor transactions related to, including, but not
Purchases
limited to, gambling, ATM usage at casinos, and illegal activities.
After that, this APR will vary with the
You may obtain a loan from us under your Account by using your Card or
market based on the Prime Rate.
a convenience check as follows: by purchasing goods or services with your
Card or your Account number: by obtaining a cash advance from a financial
APR for Balance
23.99%
institution, by use of an ATM by using a convenience check; or, by incurring
Transfers and
This APR will vary with the market based
charges authorized by this Agreement.
Cash Advances
on the Prime Rate.
From time to time, in our sole discretion, we may send you convenience
checks for use in borrowing under this Agreement. All convenience checks
Your due date is at least 25 days after the
you use will be treated as cash advances under this Agreement, and subject
close of each billing cycle. We will not
to the terms and fees that apply to cash advances, unless we advise you
otherwise.
charge you interest on purchases if you pay
Paying Interest
your entire balance by the due date each
You agree that convenience checks that you use will not be returned to you.
You may not use the convenience checks to make payments on any Co-
month. We will begin charging interest on
menity Bank Account.
balance transfers and cash advances on the
You agree not to use a convenience check, and we do not have to pay any
transaction date.
convenience check:
o
if you are in default under this Agreement;
Minimum
If you are charged interest, the charge will
o
if payment of that convenience check would cause your outstanding
Interest Charge
be no less than $2.00 per credit plan
cash advance balance to exceed your cash advance limit; or
o
if we cancel or suspend your right to use convenience checks
For Credit
To learn more about factors to consider
From time to time, in our sole discretion, we may offer you the ability to
Card Tips from
transfer account balances from other credit card accounts you may have
the Consumer
when applying for or using a credit
to the Account. We may, in our sole discretion, offer promotional plans for
card, visit the website of the Consumer
such balance transfers.
Financial
Protection
Financial Protection Bureau at http://www.
You may use the Card to obtain cash advances through certain ATMs. You
Bureau
consumerfinance.gov/learnmore.
will be given a Personal Identification Number (PIN) which must be used in
order to obtain an ATM cash advance.
o
Some limitations on ATM cash advances may apply, such as limita-
Fees
tions on dollar amount, number, or currency denominations.
o
You agree that any charges imposed by third parties for use of their
Annual Fee
None
ATM facilities will be added to your Account balance as a cash ad-
vance.
Transaction Fees
If you make a purchase or obtain a cash advance in a foreign currency,
Balance Transfer
The greater of $10 or 4% of the
it will be converted by MasterCard into U.S. dollars in accordance with
amount of the balance transfer.
MasterCard Operating Regulations in effect at the time the transaction is
processed.
Cash Advance
The greater of $10 or 4% of the
o
The currency conversion rate in effect on the processing date may dif-
amount of the cash advance.
fer from the rate in effect on the transaction date or the posting date.
Convenience Checks
The greater of $10 or 4% of the
o
The currency conversion rate used may be the same as, greater than, or
amount of the convenience check.
less than the amount that would be calculated by conversion through
a financial institution in the country in which the purchase or cash
Foreign Transaction
3% of each transaction in U.S.
advance occurred.
dollars.
Making payments
Penalty Fees
Pay your Account by sending a check, money order, or cashier's check pay-
Late Payment
Up to $35.00
able in U.S. dollars, to the name and address shown on your Statement
specified for payments Please don't send cash.
Returned Payment
Up to $35.00
Be sure to include your payment stub, do not staple your payment to the
stub, use the envelope provided with your Statement and don't send any
How We Will Calculate Your Balance: We use a method called
correspondence with your payment.
"daily balance." See your Account agreement for more details.
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
Billing Rights: Information on your rights to dispute
All written communications concerning disputed amounts, including any
transactions and how to exercise those rights is provided in your
check or other payment instrument marked with "payment in full" or similar
account agreement.
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Antonio, Texas 78247-5004.
Comenity Bank 1-866-886-1013 (TDD/TTY 1-800-695-1788)
o
We may accept a payment sent to any other address without losing any
New York Residents: New York Residents may contact the New York state Depart-
of our rights.
ment of Financial Services by telephone or visit its website for free information
o
No payment shall operate as an accord and satisfaction without our
on comparative credit card rates, fees, and grace periods. New York Department
prior written approval.
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
B. Keeping your account in good standing
Rate Information: The following chart provides details on your variable rate(s) as
Avoiding default
of May 1, 2014. We divide the APR by 365 to determine the daily periodic rate.
You'll be in default under this Agreement if you:
Add to Index
APR
Daily Periodic Rate
Fail to make any payment when due
Violate any provision of this Agreement
Tier 1 Purchase APR
19.74%
22.99%
0.06298%
Pass away
Tier 2 Purchase APR
16.74%
19.99%
0.05476%
Become the subject of bankruptcy or insolvency proceedings
Supply us with misleading, false, incomplete or incorrect information
Tier 3 Purchase APR
10.74%
13.99%
0.03832%
Are unable or unwilling to perform the terms or conditions of this Agreement
Balance Transfers and
20.74%
23.99%
0.06572%
Fail to supply us with any information we deem necessary
Cash Advances
Default under any other loan or agreement you have with us or any of our
affiliates
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Become incompetent
billing period in which interest is due. For additional information, see Rates in
Section D.
Exceed your Credit Limit
Issue a payment returned unpaid by your bank for any reason
If we consider your Account in default, we may suspend your ability to make
How we calculate Interest Charges on your Account
charges, close your Account, require you to pay the full amount you owe im-
We calculate interest separately for each Credit Plan, using a "Daily Balance"
mediately or take any other action permitted by law. If applicable law requires
to determine interest charges for each billing period. Our calculation method is
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
as follows:
your default.
We start with the beginning balance on your Account each day (including
Reporting a lost or stolen card (as applicable)
unpaid interest charges and fees).
If you notice the loss or theft of your credit card or a possible unauthorized use
We subtract any payments or credit adjustments (treating any net credit
of your card, you should write to us immediately at PO Box 182273, Columbus,
balance as a zero balance) and add new transactions and debit adjustments
Ohio 43218-2273 or call us at 1-866-886-1013 (TDD/TTY: 1-800-695-1788).
posted as of that day. This gives us the "Partial Daily Balance" for the day.
You will not be liable for any unauthorized use that occurs after you notify us.
You may, however, be liable for unauthorized use that occurs before your notice
We then multiply the Partial Daily Balance for the day by the Daily Periodic
to us. In any case, your liability will not exceed $50.
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
the day's Partial Daily Balance.
C. Learning more about your account
We've now determined the "Daily Balance," which will be the beginning
Credit Plans
balance for the following day. This results in daily compounding of interest
charges.
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
it Plan and one or more promotional Credit Plans. Credit Plans offered and
At the end of each billing period, we add together each Credit Plan's Daily
their particular features (including but not limited to minimum purchase
Interest Charge, which gives us the total interest charge.
requirements and minimum payment) may vary occasionally at our discre-
Your Statement will show a Balance Subject to Interest Rate, which is the
tion and include one or more Regular Revolving or promotional Credit Plans.
sum of the Daily Balances for each day in the billing period divided by the
We may offer different promotional Credit Plans from time to time.
total number of days.
Rates
If a promotional Credit Plan is offered at the time you open your Account,
this Agreement will include information about the terms for the Plan, by
The Index in effect for each billing period will be the highest "Prime Rate"
use of an insert, attachment, or other written information provided as part
of interest as published in the "Money Rates" section of The Wall Street
of this Agreement.
Journal for the calendar month preceding the month in which the billing pe-
Normal late fees, returned payment fees and all other provisions apply to
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
any promotional Credit Plan, unless inconsistent with a particular Credit
Any variable APR may increase if the Index increases.
Plan offering.
An increase or decrease in the APR will result in a corresponding increase
If the promotional Credit Plan purchase isn't paid in full before the promo-
or decrease in the amount of interest and may increase the Total Minimum
tional period ends, the balance will be transferred to your Regular Revolving
Payment.
balance.
Other fees and charges
Promotional Credit Plans may include:
You agree to pay the following fees and charges:
o
Waive Interest, Payment Required
o Defer Interest, Payment Required
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
ment Due Date, we will charge you a late fee.
o Waive Interest, Low Payment
o Low APR, Equal Payment
o
The fee is $25.00 if you were not charged a late fee during any of the
o Defer Interest, Equal Payment
o
Budget Payment
prior six billing periods.
Skip-payment option
o
Otherwise, the fee is $35.00.
o
This fee will never exceed the minimum payment due that was due
At our discretion, we may allow you to skip making the Minimum Payment.
immediately prior to the date on which the fee was assessed.
Finance Charges will be assessed during the skip-payment period, but a late
Returned Payment Fee: We may charge you a fee for each payment that your
fee won't be imposed. This will not be considered a waiver of any of the
bank doesn't honor for any reason.
rights granted by this Agreement.
o
The fee is $25.00 if you were not charged a returned payment fee
All other terms of your Account apply during the skip-payment period.
during any of the prior six billing periods.
Credit limit
o
Otherwise, the fee is $35.00.
Your Credit Limit is the total maximum amount we permit you to owe us at
0
This fee will never exceed the minimum payment due that was due
any time.
immediately prior to the date on which the fee was assessed.
You may not exceed any Credit Limit that we set for your Account.
Although we may decide to do so, we aren't required to attempt to collect a
If you do exceed your Credit Limit, we can still charge you for all transac-
payment more than once.
tions, interest and other charges without giving up any of our rights under
Document Fees: If we provide you with a copy of any Statement, sales draft
this Agreement.
or similar document at your request (except in connection with billing error
We may change your Credit Limit at any time.
inquiries or resolution), we may charge the Account the following fee(s),
subject to any limitations of applicable law:
Account cancellation
o
Statement copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
o
Sales/Credit Draft copy $6.00
you owe us.
0
Check/Money Order copy $6.00
We may cancel your Account at any time, for any reason.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may refuse to authorize any transaction on your Account. We may also
ods that allow you to make individual, expedited payments to your Account
suspend your Account and your right to use your Card, including each Card
over the phone. If you choose to use this payment method, we may assess
you give to others.
the current fee we charge for this service, subject to any limitations of ap-
We may stop offering any Credit Plan at any time, for any reason.
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
Cancellation or suspension of your Account doesn't negate your obligation
withdraw your request if you don't want to pay the fee.
to pay any amount you owe us.
Cash Advance Fee: For any cash advance obtained in person from a finan-
Cancellation of your Account includes each Card you give to others.
cial institution or through an ATM, you will pay a transaction fee equal to
Cards are issued with an expiration date. We have the right not to renew
the greater of $10 or 4% of the amount of the cash advance. You take a
your Account.
cash advance if you use a convenience check: get money through an auto-
Minimum Payment
mated teller machine (ATM); or get money through a financial institution.
You can pay all of your Account balance at any time without
Convenience Check Fee: For any convenience check written against your
penalty.
Account, you will pay a transaction fee equal to the greater of $10 or 4% of
the amount of the convenience check.
You must pay at least the Total Minimum Payment for each billing period by
Balance Transfer Fee: For any balance transfer from another account, you
the Payment Due Date shown on your Statement.
will pay a transaction fee equal to the greater of $10 or 4% of the amount
The Minimum Payment is the total of the minimum payments for the Regu-
of the balance transfer.
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Foreign Transaction Fee: For any charge or cash advance outside the United
The Total Minimum Payment won't be less than $25.00. If your Account
States or in a foreign currency, you will pay a transaction fee equal to 3%
balance is less than $25.00, you must pay the amount indicated on your
of the U.S. dollar amount of the transaction. If a charge or cash advance
Statement in full.
is converted into U.S. dollars our network providers (Visa, MasterCard, and
The minimum payment for each Credit Plan is calculated as follows:
Discover) will select either (1) a rate from the range of rates available in
o
The minimum payment for the Waive Interest, Payment Required and
wholesale currency markets for the applicable central processing date,
Defer Interest, Payment Required Credit Plans will be the greater of:
which may vary from the rate the network provider itself receives, or (2) a
(a) $5.00 or
government-mandated rate in effect for the applicable central processing
(b) 1% (rounded up to the nearest $1.00) of the New Balance
date.
shown on your Statement for that Credit Plan.
Return Convenience Check Fee: For each convenience check written against
o
The minimum payment for the Waive Interest, Equal Payment and
your Account which fails to clear and is returned unsatisfied, you will pay a
Defer Interest, Equal Payment Credit Plans will be the amount of the
fee of up to $35.
purchase divided by the number of months between the date of the
purchase and the promotional period end date (minimum $5.00)
Stop Payment Fee: For each convenience check written against your Ac-
rounded up to the nearest $1.00.
count on which you request us to stop payment, you will pay a fee of up to
o
The minimum payment for the Low APR, Equal Payment Credit Plan
$35, regardless of whether we actually stop payment on the convenience
check.
will be the amount of the purchase including the calculated interest
charges that will be assessed from the date of purchase through the
E. Other important information
end of the promotional period divided by the number of months be-
Collection costs
tween the date of the purchase and the promotional period end date
To the extent not prohibited by applicable law, you agree to pay the reasonable
(minimum $5.00) rounded up to the nearest $1.00.
costs for collecting amounts due, including reasonable attorney's fees and court
o
The minimum payment for the Waive Interest, Low Payment and Defer
costs incurred by us or another person or entity.
Interest, Low Payment Credit Plans will be the greater of:
(a) $5.00 or
Changes
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
We may add, change, or delete the terms of your Account. If required by appli-
shown on your Statement for that Credit Plan.
cable law, we will give you advance written notice of the change(s) and a right to
Payment application
reject the change(s).
Security Interest
We reserve the right to apply payments equal to or less than the Total Mini-
mum Payment however we see fit, which may result in balances subject to
You grant us a security interest in all goods you purchase through the use of the
Account, now or at any time in the future and in all accessions to and proceeds of
lower interest rates being paid prior to other balances. This may also result
in higher interest charges.
such goods. We waive any security interest we may have in your principal dwell-
ing, to the extent that it would otherwise secure any obligation arising hereunder.
Any payment you make in excess of the required Total Minimum Payment
Changes to your information
will be allocated to your Account as required by applicable law.
Excess payments received before a deferred interest promotion expires are
You agree to notify us immediately of any changes to your name, mailing address,
electronic mail address or telephone number(s).
applied to the deferred interest promotional balance first in the last two
billing periods of the promotional period.
Governing Law
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL
D. Interest, fees and charges
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
Interest charges
PERMITTED OR REQUIRED BY APPLICABLE LAW.
There is no period in which you can pay back a cash advance, any other
Transfer of Rights/Assignment
transaction treated as a cash advance under this Agreement, or a balance
Your rights under this Agreement can't be transferred by you, by operation of law
transfer to avoid incurring a Finance Charge. For a cash advance using a
or otherwise, but your obligations will be binding upon your estate or personal
convenience check, the date of the advance is the date the convenience
representatives. We may transfer or assign your Account and/or this Agreement,
check is presented to us or our agent for payment. For all other cash ad-
or any of our rights under this Agreement, to another person or entity at any time
vances, the date of the advance is the date you obtained the advance.
without prior notice to you or your consent.
If you make a purchase under a Regular Revolving Credit Plan, interest
No Waiver of Rights
charges won't be imposed in any billing period in which (i) no Previous Bal-
We can delay enforcing our rights under this Agreement without losing them.
ance exists or (ii) payments received and credits issued by the Payment Due
Severability
Date, equal or exceed the Previous Balance.
If any provision of this Agreement is in conflict with applicable law, that provision
If the New Balance shown on your last Statement isn't paid in full by the
will be considered to be modified to conform with applicable law.
Payment Due Date shown on your last Statement, there will be an interest
Notice to New Jersey Residents
charge on each purchase from the date of purchase.
All provisions of this agreement are valid, enforceable and applicable in New
If you make a purchase under any Waive Interest Credit Plan, we won't
Jersey.
charge interest on the purchase if you pay the total purchase amount be-
fore the end of the promotional period. If you don't pay the total purchase
F. Disputes and Reporting to Consumer Reporting Agencies
amount before the end of the promotional period, we'll add the remaining
Credit Reports
amount to your Regular Revolving balance. We'll also begin charging inter-
est on the purchase from the first day after the promotional period ends.
You give us permission to investigate your credit record.
If you make a purchase under any Defer Interest Promotional Credit Plan
You agree that a credit report may be requested in connection with the
and don't pay the total amount before the end of the promotional period,
processing of your credit application. A report may also be requested in
we'll add the remaining purchase amount and the amount of accrued inter-
connection with a credit extension, credit limit request, Account renewal or
est to your Regular Revolving balance.
update, Account collection action, or dispute investigation. Upon request,
we will tell you the name and address of any consumer reporting agency that
If you make a purchase under a Low APR, Equal Payment Credit Plan,
furnished a report on you. You consent to the obtaining of such reports by
interest will be assessed from the date of purchase through the end of the
signing or otherwise submitting an application or solicitation.
promotional period.
You understand that we may report negative information (such as, late pay-
3. You must not yet have fully paid for the purchase.
ments, missed payments, or other defaults) about your Account to con-
If all of the criteria above are met and you are still dissatisfied with the purchase,
sumer reporting agencies.
contact us in writing at:
You give us permission to provide information about your Account to con-
Comenity Bank
sumer reporting agencies and other creditors, as well as to the retailer
PO Box 182782, Columbus, Ohio 43218-2782
whose name appears on your Card.
While we investigate, the same rules apply to the disputed amount as discussed
Credit report disputes
above. After we finish our investigation, we will tell you our decision. At that
point, if we think you owe an amount and you do not pay, we may report you as
If
you believe the Account information we reported to a consumer reporting
delinquent.
agency is inaccurate, you may submit a direct dispute to Comenity Bank, PO Box
182789, Columbus, Ohio 43218-2789.
G. Optional products
Your written dispute must provide sufficient information to identify the Account
Credit insurance (as applicable)
and specify why the information is inaccurate:
Purchasing credit insurance is optional. If you do choose to carry credit insur-
Account Information: Your name and Account number
ance coverage, the premium charge will be added to your Account as a purchase
Contact Information: Your address and telephone number
on the last day of each billing period. You can cancel your coverage at any time.
Disputed Information: Identify the Account information disputed and ex-
Account Assure Pro Debt cancellation (as applicable)
plain why you believe it is inaccurate
Purchasing Account Assure Pro is optional.
Supporting Documentation: If available, provide a copy of the section of
the credit report showing the Account information you are disputing
Your decision whether or not to purchase Account Assure Pro won't affect
We will investigate the disputed information and report the results to you within
your application for credit or the terms of any existing credit agreement you
have with us.
30 days of receipt of the information needed for our investigation. If we find that
the Account information we reported is inaccurate, we will promptly provide the
The monthly fee for Account Assure Pro is based on the outstanding month-
necessary correction to each consumer reporting agency to which we reported
ly balance on your Account each month and will be added to your State-
the information.
ment.
Your Billing Rights: Keep This Document For Future Use
We'll provide additional information before you're required to pay for Ac-
This notice tells you about your rights and our responsibilities under the Fair
count Assure Pro. This will include a copy of the terms and conditions
Credit Billing Act.
pertaining to Account Assure Pro.
What To Do If You Find A Mistake On Your Statement
You can cancel your Account Assure Pro at any time.
If you think there is an error on your statement, write to us at: Comenity Bank,
There are eligibility requirements, conditions, and exclusions that could
PO Box 182782, Columbus, Ohio 43218-2782
prevent you from receiving benefits under Account Assure Pro.
In your letter, give us the following information:
Be sure to carefully read the Addendum for a full explanation of the terms
Account information: Your name and account number.
of Account Assure Pro.
Dollar amount: The dollar amount of the suspected error.
H. Communicating with us
Description of problem: If you think there is an error on your bill, describe
Communicating to you about your Account
what you believe is wrong and why you believe it is a mistake.
If we need to contact you to service your Account or to collect amounts you owe
You must contact us:
to us, you give direct consent to us, as well as servicers, agents, contractors and
Within 60 days after the error appeared on your statement.
collectors of your Account, to communicate with you in any way, such as calling,
At least 3 business days before an automated payment is scheduled, if you
texting, or electronic mail via:
want to stop payment on the amount you think is wrong.
1)
a cell, landline, or text number you provide, use to contact us, or at which
You must notify us of any potential errors in writing. You may call us, but if you
we believe we can reach you (even if it is not yours),
do we are not required to investigate any potential errors and you may have to
2)
any electronic mail address you provide to us or one of our merchants,
pay the amount in question.
3)
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
What Will Happen After We Receive Your Letter
tions.
When we receive your letter, we must do two things:
You also agree that these communications aren't unsolicited for purposes of any
1. Within 30 days of receiving your letter, we must tell you that we received your
state or federal law, and you understand that this may result in additional mobile,
letter. We will also tell you if we have already corrected the error.
text message, or data charges.
2.
Within 90 days of receiving your letter, we must either correct the error or
explain to you why we believe the bill is correct.
Phone monitoring
While we investigate whether or not there has been an error:
To provide you with high-quality service, phone communication with us is
We cannot try to collect the amount in question, or report you as delinquent
monitored and/or recorded.
on that amount.
You agree that we monitor and/or record any phone calls between you and
The charge in question may remain on your statement, and we may continue
us.
to charge you interest on that amount.
Please inform all authorized cardholders of this provision, including anyone
While you do not have to pay the amount in question, you are responsible
acting on your behalf or making payments on this Account.
for the remainder of your balance.
For Wisconsin residents:
We can apply any unpaid amount against your credit limit.
If you are married, please contact us immediately upon receipt of this Agreement
After we finish our investigation, one of two things will happen:
at 1-866-886-1013 (TDD/TTY 1-800-695-1788) and provide us with the name
If we made a mistake: You will not have to pay the amount in question or
and address of your spouse. We are required to inform your spouse that we have
any interest or other fees related to that amount.
opened a credit account for you.
If we do not believe there was a mistake: You will have to pay the amount in
For bankruptcy notifications:
question, along with applicable interest and fees. We will send you a state-
All bankruptcy notices and related correspondence to Comenity Bank should be
ment of the amount you owe and the date payment is due. We may then
sent to the following address: Comenity Bank, Bankruptcy Department, PO Box
report you as delinquent if you do not pay the amount we think you owe.
182125, Columbus, Ohio 43218-2125.
If you receive our explanation but still believe your bill is wrong, you must write
I. Arbitration and jury trial waiver
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
report you as delinquent without also reporting that you are questioning your bill.
A. Jury trial waiver
We must tell you the name of anyone to whom we reported you as delinquent,
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
and we must let those organizations know when the matter has been settled
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
between us.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
If we do not follow all of the rules above, you do not have to pay the first $50 of
the amount you question even if your bill is correct.
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
If
you are dissatisfied with the goods or services that you have purchased with
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
your credit card, and you have tried in good faith to correct the problem with the
B. Notice and cure
merchant, you may have the right not to pay the remaining amount due on the
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising
purchase.
out of or related to this Agreement (as further defined below, a "Claim"), the
To use this right, all of the following must be true:
party asserting the Claim (the "Claimant") shall give the other party (the "Defen-
1. The purchase must have been made in your home state or within 100 miles
dant") written notice of the Claim (a "Claim Notice") and a reasonable opportu-
of your current mailing address, and the purchase price must have been more
nity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall
than $50. (Note: Neither of these are necessary if your purchase was based on
be sent in writing to the address we have in our records (or any updated address
an advertisement we mailed to you, or if we own the company that sold you the
you subsequently provide to us). Any Claim Notice to us shall be sent by mail to
goods or services.)
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated
2. You must have used your credit card for the purchase. Purchases made with
address we subsequently provide). Any Claim Notice you send must provide your
cash advances from an ATM or with a check that accesses your credit card ac-
name, address and Account number. Any Claim Notice must explain the nature
count do not qualify.
of the Claim and the relief that is demanded. You may only submit a Claim No-
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
tice on your own behalf and not on behalf of any other party. No third party, other
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
than a lawyer you have personally retained, may submit a Claim Notice on your
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
behalf. The Claimant must reasonably cooperate in providing any information
about the Claim that the other party reasonably requests.
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
C. Arbitration provision
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
OR MULTIPLE-PARTY ARBITRATION.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
must take place at a location reasonably convenient to you. We will pay any and
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
all fees of the Administrator and/or the arbitrator if applicable law requires us
to apply, you may reject it by mailing us a written rejection notice which gives
to, if you prevail in the arbitration or if we must bear such fees in order for this
the name of each Cardholder and contains a statement that you (both of you, if
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
more than one) reject the Arbitration Provision of this Agreement. The rejection
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
notice must be sent to us at Comenity Bank, PO Box 182422, Columbus, Ohio
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
fees if applicable law requires us to.
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
9. Governing Law: This Arbitration Provision involves interstate commerce and
if more than one) and if we receive it within thirty (30) calendar days after the
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
date we first provide you with a credit card agreement or written notice providing
not by any state arbitration law. The arbitrator must apply applicable substantive
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
law consistent with the FAA and applicable statutes of limitations and claims of
Provision will not affect any other provision of this Agreement or your ability to
privilege recognized at law. The arbitrator may award any remedy provided by the
obtain credit.
substantive law that would apply if the action were pending in court (including,
without limitation, punitive damages, which shall be governed by the Constitu-
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and
not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a) Co-
tional standards employed by the courts). At the timely request of either party,
menity Bank, any parent, subsidiary or affiliate of the Bank and the employees,
the arbitrator must provide a brief written explanation of the basis for the award.
officers and directors of such companies (the "Bank Parties"); and (b) any other
10. Right to Discovery: In addition to the parties' rights to obtain discovery
person or company that provides any services in connection with this Agreement
pursuant to the arbitration rules of the Administrator, either party may submit
if you assert a Claim against such other person or company at the same time you
a written request to the arbitrator to expand the scope of discovery normally al-
assert a Claim against any Bank Party.
lowable under the arbitration rules of the Administrator. The arbitrator shall have
discretion to grant or deny that request.
3. Covered Claims: "Claim" means any claim, dispute or controversy between
you and us that in any way arises from or relates to this Agreement, the Account,
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
the issuance of any Card, any rewards program, any prior agreement or account.
award may be entered by any court having jurisdiction. The arbitrator's decision
"Claim" includes disputes arising from actions or omissions prior to the date
is final and binding, except for any right of appeal provided by the FAA. However,
any Card was issued to you, including the advertising related to, application for
if
the amount of the Claim exceeds $50,000 or involves a request for injunctive
or approval of the Account. "Claim" has the broadest possible meaning, and
or declaratory relief that could foreseeably involve a cost or benefit to either party
includes initial claims, counterclaims, cross-claims and third-party claims. It
exceeding $50,000, any party can, within 30 days after the entry of the award
includes disputes based upon contract, tort, consumer rights, fraud and other
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
intentional torts, constitution, statute, regulation, ordinance, common law and
Administrator. The panel shall reconsider anew any aspect of the initial award
equity (including any claim for injunctive or declaratory relief). "Claim" does not
requested by the appealing party. The decision of the panel shall be by majority
include disputes about the validity, enforceability, coverage or scope of this Arbi-
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
tration Provision or any part thereof (including, without limitation, the prohibition
panel if an appeal of the arbitrator's decision has been taken. The costs of such
against class proceedings, private attorney general proceedings and/or multiple
an appeal will be borne in accordance with Paragraph C.8. above.
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
last sentence of Paragraph and/or this sentence); all such disputes are for
ment of all amounts owed under this Agreement, the closing of the Account, any
a court and not an arbitrator to decide. However, any dispute or argument that
legal proceeding and any bankruptcy to the extent consistent with applicable
concerns the validity or enforceability of the Agreement as a whole is for the
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
arbitrator, not a court, to decide.
tion Provision, on the one hand, and the applicable arbitration rules or the other
4. Starting an Arbitration: Arbitration may be elected by any party with respect
provisions of this Agreement, on the other hand, this Arbitration Provision shall
to any Claim, even if that party has already initiated a lawsuit with respect to a
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
different Claim. Arbitration is started by giving a written demand for arbitration
13. Severability: If any portion of this Arbitration Provision, other than the Class
to the other party. We will not demand to arbitrate an individual Claim that you
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
bring against us in small claims court or your state's equivalent court, if any. But
nevertheless remain in force. If a determination is made that the Class Action
if that Claim is transferred, removed or appealed to a different court, we then
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
have the right to demand arbitration.
main in force and the remaining provisions shall be null and void, provided that
5. Choosing the Administrator: "Administrator" means the American Arbitration
the determination concerning the Class Action Waiver shall be subject to appeal.
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
14. Special Payment: If (1) you submit a Claim Notice in accordance with
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
jamsadr.com; or any other company selected by mutual agreement of the par-
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
subsequently determines that you were entitled to such relief (or greater relief),
to select an Administrator by mutual consent, the Administrator will be selected
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
by a court. The arbitrator will be appointed by the Administrator in accordance
you are entitled).
with the rules of the Administrator. However, the arbitrator must be a retired or
former judge or a lawyer with at least 10 years of experience. You get to select the
Administrator if you give us written notice of your selection with your notice that
comenity
Comenity Bank, Wilmington, DE
you are electing to arbitrate any Claim or within 20 days after we give you notice
that we are electing to arbitrate any Claim (or, if you dispute our right to require
255ALLN030113
arbitration of the Claim, within 20 days after that dispute is finally resolved).
WGTCCA0514
If you do not select the Administrator on time, we may do it. Notwithstanding
any language in this Arbitration Provision to the contrary, no arbitration may be
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
Class Action Waiver.
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
19.74%, 16.74% or 10.74%
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 20.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 4% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 4% of the amount of the cash advance.
Convenience Check
The greater of $10 or 4% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
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