Your Bergner's Credit Card account agreement.
321781006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
mediately or take any other action permitted by law. If applicable law requires
about using and managing your account, including a Privacy
do so, we'll tell you in advance and/or give you the opportunity to remedy
your default.
Statement and information concerning your billing rights. Your
Reporting lost or stolen card (as applicable)
use of the account, or failure to close the account within the
you notice the loss or theft of your credit card or possible unauthorized use
30 days of receiving this document, indicates your acceptance
of your card. you should write to immediately at PO Box 182273 Columbus,
of the terms of this agreement, including the assessment of any
Ohio 43218-2273 call us at 1-855-567-7739 (TDD/TTY 1-800-695-1788).
interest charges and fees.
You will not be liable for any unauthorized use that occurs after you notify us. You
Section of this Agreement also includes a Jury Trial Waiver and
may however, be liable for unauthorized use that occurs before your notice to us.
In any case, your liability will not exceed $50.
an Arbitration Provision in the event of dispute
C. Learning more about your account
You have a right to reject this Arbitration Provision.
Credit Plans
If you do not reject this Arbitration Provision, it will be part
of this Agreement and will:
Your Account may consist of non promotional 'Regular Revolving" Credit
Plan and or more promotional Credit Plans. Credit Plans offered and
o Eliminate your right to a trial by jury; and
their particular features (including but not limited to inimum purchase re-
o Substantially affect your rights, including your right to
quirements and minimum payment) may vary occasionally at our discretion
bring, join in or participate in class proceedings.
and include one or more Regular Revolving promotional Credit Plans.
Please read each section carefully and keep this document for
We may offer different promotional Credit Plans from time to time.
your records
Credit Plan offered at the time you open your Account
this Agreement will include information about the terms for the Plan, by use
In the following sections, you will find information on:
of an insert, attachment, or other written information provided as part of this
Financial terms of your account: An at a-glance summary of the fees and charges
Agreement.
associated
with
your
account
Normal late fees. returned payment fees and all other provisions apply to
A. Getting started the basics of your account
any promotional Credit Plan, unless inconsistent with particular Credit
B. Keeping your account in good standing: avoiding default, and what to do if
Plan offering.
your
card
lost
stolen.
as
applicable
If the promotional Credit Plan purchase isn't paid in full before the promo-
C. Learning more about your account credit plans, and credit limits, and how
tional period ends, the balance will be transferred to your Regular Revolving
payments
calculated
and
applied
balance.
D. Interest, fees and charges when and how fees and costs are applied to your
Promotional Credit Plans may include:
account
0 Waive Interest, Payment Required o Defer Interest Payment Required
E. Other important information: legal rights, costs, and how we'll handle
0 Waive Interest. Equal Payment
o Defer Interest Payment
changes
your
o Waive Interest, Low Payment
o Low APR. Equal Payment
F.
Disputes and reporting to consumer reporting agencies data we provide,
o Defer Interest, Equal Payment
o Budget Payment
and receive from, consumer reporting agencies, and what to do you think
Skip -payment option
there
error
on
your
periodic
statement
G. Optional products how protect your account from fraud or theft, and
At our discretion, we may allow you to skip making the Minimum Payment
information services that can help pay your debt case of emergencies
Interest Charges will be assessed during the skip period, but late
H. Communicating with us: what happens when you contact us
fee won't be This will not be considered a waiver of any of the
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
rights
granted
by
this
Agreement
a jury trial waiver and Arbitration provision
All other terms of your Account apply during the skip-payment period.
Privacy statement: how we collect, use. share, and protect your personal informa-
Credit
limit
tion; and the privacy choices you can make
Your Credit Limit is the total maximum amount we permit you to owe us at
Financial terms of your account
any time.
You may not exceed any Credit Limit that for your Account.
Interest Rates and Interest Charges
you exceed your Credit Limit, we can still charge you for all transac
tions, interest and other charges without giving up any of our rights under
Annual
24.99%
this Agreement
Percentage
This APR will vary with the market based on
We may change your Credit Limit at any time.
Rate (APR) for
Account cancellation
the Prime Rate.
Purchases
You may cancel your Account. You still obligated to pay the full amount
you
owe
Your due date is at least 25 days after the
We may cancel your Account at any time. for any reason.
How to Avoid
We may refuse authorize any purchase on your Account. We may also
close of each billing cycle. We will not charge
suspend your Account and your right to use your Card, including each Card
Paying Interest
you interest on purchases if you pay your
you give others.
entire balance by the due date each month.
We stop offering any Credit Plan at any time, for any reason
Cancellation suspension of your Account doesn't negate your obligation to
Minimum
Interest
If you are charged interest, the charge will be
pay any amount you owe us
no less than $2.00 per credit plan
Cancellation of your Account includes each Card you give to others.
Charge
Minimum Payment
For Credit
You can pay all of your Account balance at any time without
Card Tips from
To learn more about factors to consider when
penalty.
the Consumer
applying for or using credit card, visit the
You must pay least the Total Minimum Payment for each billing period by
the Payment Due Date shown your Statement.
Financial
website of the Consumer Financial Protection
The Minimum Payment the total payments for the Regu-
Protection
Bureau at http://www.consumerfinance.gov/
lar Revolving and promotional Credit Plans plus any Past Due amounts
Bureau
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
Statement full.
Fees
The minimum payment for each Credit Plan is calculated as follows:
o
The minimum payments for Regular Revolving Credit Plans. Waive
In-
Annual Fee
None
terest, Payment Required and Defer Interest, Payment Required Credit
Plans wil be the greater of:
Penalty
Fees
(a) $5.00; or
Late Payment
Up to $35
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
Returned Payment
Up $35
shown on your Statement for that Credit Plan.
o
The minimum payment for the Waive Interest Equal Payment and De-
How We Will Calculate Your Balance: We use a method called
fer Interest, Equal Payment Credit Plans will be the amount the pur-
chase divided by the number months between the date of the pur-
"daily balance. See your Account agreement for more details.
chase and the promotional period end date (minimum $5.00) rounded
Billing Rights: Information on your rights to dispute transactions
up to the nearest $1.00.
and how to exercise those rights is provided in your account
0
The minimum payment for the Low APR. Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
agreement.
charges that will be assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
Rate Information: The following chart provides details on your rate as of June 1,
tween the date the purchase and the promotional period end date
2014. We divide the APR by 365 to determine the daily periodic rate.
rounded the nearest $1.00
0
The minimum payment for the Waive Interest. Low Payment and Defer
Add Index
APR
Daily Periodic Rate
Interest Low Payment Credit Plans will be the greater of:
(a) $5.00
Purchase APR
21.74%
24.99%
0.06846%
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
We'll charge you minimum interest charge of $2.00 per credit plan for any
Payment application
billing period in which interest is due. For additional information, see Rates in
We reserve the right to apply payments equal to or less than the Total Mini-
Section
D.
mum Payment however see fit. which may result in subject to
Minimum Payment:
lower interest rates being paid prior to other balances. This may also result
in
higher
interest
The amount you must pay each billing period ("Total Minimum Payment") is the
charges
total minimum payments for Regular Revolving and promotional Credit Plan
Any payment you make in excess of the required Total linimum Payment
will be allocated to your Account as required by applicable law.
purchases plus any Past Due amounts. The Total Minimum Payment won't be
less than $25.00 If your Account balance less than $25 00, you must pay
Excess payments received before deferred interest promotion expires are
applied to the deferred interest promotional balance first in the last two bill-
amount indicated on your billing statement ("Statement" in full. The minimum
ing periods of the promotional period.
payment due for each Regular Revolving Credit Plan will be the greater of:
(a) $5.00 or
D. Interest, fees and charges
(b) 3.5% of the New Balance shown on your Statement for that
Interest charges
Credit Plan (rounded up to the nearest $1.00).
If you make purchase under a Regular Revolving Credit Plan, interest
See Minimum Payment in Secti on C below for promotional credit plan minimum
charges won't be imposed in any billing period in which (i) no Previous Bal-
payment
calculations.
ance exists or (ii) payments received and credits issued by the Payment Due
The APR information described below is accurate as of June 1 2014. Due to a
Date. equal or exceed the Previous Balance.
change in the index, this information may have To find out more, call
If the New Balance shown on your last Statement isn't paid in full by the
us at -855 567-7739 (TDD/TTY: 1-800-695-1788) or write us at Comenity
Payment Due Date shown on your last Statement, there will be an interest
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website
at
charge on each purchase from the purchase
comenity.net/bergners.
If you make purchase under any Waive Interest Credit Plan, we won't
A. Getting Started
charge interest on the purchase you pay the total amount be-
Definitions
fore the end of the promotional period. you pay the total purchase
amount before the end of the promotional period, we'll add the
In this Agreement, "We. 'Us" and "Our" mean Comenity Bank. "You" and
"Your' mean each person who submits an application or solicitation Ac-
amount to your Regular ving balance We'l also begin charging inter-
count with us. "Account means your credit card account with us. "Card" means
est on the purchase from the first day after the promotional period ends
each credit card we issue for your Account as applicable. "Credit Plan" means
you make purchase under any Defer Interest Promotional Credit Plan
and don't pay the total amount before the end the promotional period,
one more payment program options Bergner may ask us to offer from time
time.
we' add the purchase amount and the amount of accrued inter-
est to your Regular Revolving balance.
Upholding your Agreement
If you make a purchase under Low APR, Equal Payment Credit Plan,
You agree to the terms of this Agreement, and promise to do everything
required of you If you sign submit an appli obtain
interest will be assessed from the date of purchase through the end of the
promotiona
period.
credit from us, you'll be legally bound by this Agreen nent. You' also legally
How we calculate Interest Charges on your Account
bound you sign charge slip or permit someone else to use the credit
provided.
We calculate interest separately for each Credit Plan, using a 'Daily Balance" to
You agree that the credit extended under your Account will be used only for
determine interest charges for each billing period. Our calculation method is as
follows:
personal, family or household purposes and not for business or commercial
purpose
We start with the beginning balance on your Account each day (including
unpaid
interest
if the Account is joint Account you and the joint Account holder will be
charges
and
fees).
We subtract any payments credit adjustments (treating any net credit
bound by this Each of you jointly and individually respon-
sible for repaying all amounts due. If more than one person is responsible
balance zero balance) and add new transactions and debit adjustments
for this Account, we will only provide billing statements and communica-
posted as of that day. This gives us the "Partial Daily Balance" for the day.
tions
one
you.
We then multiply the Partia Daily Balance for the day by the Daily Periodic
Any authori zed user of your Account will be bound by the terms of this
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
the
day's
Partial
Daily
Balance
Agreement. One additional Card may be issued with the individual
an authorized user embossed the Card. If you want to revoke the use of
We've now determined the 'Daily Balance, which will be the beginning
your Account by an authorized user, either write us at the address. or call us
balance for the following day. This results in daily compounding of interest
charges
at the phone number, shown on your Statement.
agree to pay for all transactions made your Account by an authorized
At the end of each billing period, we add together each Credit Plan's Daily
Interest Charge, which gives us the total interest charge
user, whether or not such transactions were authorized by you or made for
your benefit.
Your Statement show Balance Subject to Interest Rate, which is the
Card signature (as applicable)
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
For your own protection, please sign your Card before using it. Keep in mind that
Rates
your signature on the Card isn' a prerequisite to your obligation to pay amounts
incurred your Account.
The Index in effect for each billing period will be the highest "Prime Rate'
Using your Account
of interest as published in the "Money Rates' section The Wall Street
Journal for the calendar month preceding the month which the billing pe-
Your Account may be used to make purchases from Bergner's and other
riod begins rounded upward if necessary to the nearest .001% ("Index")
retailers we may determine occasionally by notifying you via electronic mail,
Any variable APR may increase if the Index
statement message, website posting, or other method.
An increase or decrease the APR result in corresponding increase
We reserve the right to not honor transactions related to including, but not
or decrease in the amount of interest and may increase the Total M Minimum
limited to, gambling, ATM usage at casinos, and illegal activities.
Payment.
Making payments
Other fees and charges
Pay your Account by sending check, money order. or cashier's check pay-
You agree pay the following fees and charges:
able in dollars to the name and address shown on your Statement
specified for payments. Please don't send cash.
Late Fee: you don't pay at least the Minimum Payment Due by the
Pay-
ment Due Date, we will charge you late fee.
Be sure to include your payment stub. do not staple your payment to the
0 The fee is $25.00 if you were not charged a late fee during any of the
stub, use the envelope provided with your Statement and don't send any
six billing periods
pondence
with
your
payment
o
Otherwise, the fee $35.00.
If your payment doesn' meet these requirements it may not be credited to
0
This fee will never exceed the minimum payment due that was due
your Account for up to five days or may be rejected
immediately prior to the date on which the fee assessed
All written concerning disputed amounts, including any
Returned Payment Fee We may charge you fee for each payment that your
check other payment rument marked with "payment in
bank doesn't honor for any reason.
language must sent to 6550 North Loop 1604 East, Suite 101, San
Antonio,
Texas
78247-5004.
0 The fee is $25.00 you were not charged returned payment fee dur-
ing any of the prior six billing periods.
o
We may accept payment sent to any other address without losing any
o
Otherwise the fee $35.00
of r rights.
o
This fee will never exceed the minimum payment due that was due
0
No payment shall operate as an accord and satisfaction without our
immediately prior to the date on which the fee was assessed.
prior written approval
Although we may decide to do so, we aren't required to attempt to collect a
B. Keeping your account in good standing
payment
more
than
once
Avoiding default
Document Fees: we provide you with copy of any Statement sales draft
You'll be in default under this Agreement if you:
or similar your request (except in connection with billing error
Fail to make any payment when due
inquiries or resolution), we may charge the Account the following fee(s),
Violate any provision of this Agreement
subject to any limitations applicable law:
Pass
away
0
Statement copy $6.00
Become the subject of bankruptcy or insolvency proceedings
o
Sales/Credit Draft copy $6.00
Supply us with misleading, false. complete or incorrect nformation
o
Check/Money Order copy $6.00
Are unable unwilling perform the terms of this Agreement
Alternative Payment Method Fee: We may offer alternative payment meth-
Fail supply us with any informati deem necessary
ods that allow you to make individual expedited payments to your Account
Default under any other loan or agreement you have with us or any of our
over the phone. If you choose to use this payment method we may assess
affiliates
the current fee we charge for this service subject to any limitations of ap-
Become incompetent
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
Exceed your Credit Limit
you know the current fee before you authorize payment(s), and you can
Issue payment returned unpaid by your bank for any reason
withdraw your request if you don't want to pay the fee.
If we consider your Account in default, we may suspend your ability to make
charges, close your Account, require you to pay the full amount you owe im-
E. Other important information
For bankruptcy notifications:
Collection costs
All bankruptcy notices and related correspondence to Comer
To
the
extent
not
prohibited
by
applicable
law
you
agree
to
pay
the
reasonable
sent to the following address Comenity Bank, Bankruptcy D
costs
for
collecting
amounts
due.
including
reasonable
attorney's
fees
and
court
182125. Columbus. Oh 43218-2125.
costs incurred by us or another person or entity.
Arbitration and jury trial waiver
Changes
A. Jury trial waiver
We
may
add,
change,
or
delete
the
terms
of
your
Account
If
required
by
appli-
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAI
cable law, we will give you advance written notice of the change(s) and right to
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING ou
reject the change(s).
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL
Security Interest
ARBITRATION PROVISION BELOW (INCLUDING THE JU
You grant us security interest in all goods you purchase through the use of the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT
Account, now or any time the future and in all accessions to and proceeds of
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
such goods. We waive any security interest we may have your principal dwell-
B. Notice and cure
ing, to the extent that would otherwise secure any obligation arising hereunder.
Prior to bringing lawsuit or initiating an arb tration that
Changes to your information
out of or related to this Agreement (as further defined belo
You agree to notify us immediately of any changes to your name, mailing address,
party asserting the Claim (the "Claimant" shall give the othe
electronic mail address or telephone number(s).
dant written notice of the Claim (a 'Claim Notice' and a
Governing Law
nity not less than 30 days, to resolve the Claim. Any Claim
THIS AGREEMENT IS GOVERNED BY DEL LAWARE AND APPLICABLE FEDERAL
be sent in writing to the address we have our records (or
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
you
subsequently
provide
to
us).
Any
Claim
Notice
to
PERMITTED OR REQUIRED BY APPLICABLE LAW.
Comenity Bank, PO Box 182436 Columbus Ohio 43218-24
Transfer of Rights/Assignment
address we subsequently provide) Any Claim Notice
You
rights
under
this
can't
be
transferred
by
you,
by
operation
of
law
name, address and Account number. Any Claim Notice
or
otherwise,
but
your
will
be
binding
upon
your
estate
or
of
the
Claim
the
relief
that
demanded
You
may
only
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement
tice
on
your
own
behalf
and
not
on
behalf
of
any
other
party.
or any of rights under this Agreement, to another person or entity at any time
than lawyer you have personally retain submit
without prior notice to you or your consent
behalf The Claimant must reasonably cooperate in providi
No Waiver of Rights
about the Claim that the other party reasonably requests
We can delay enforcing our rights under this Agreement without losing them.
C.
Arbitration
provision
Severability
READ THIS ARBITRATION PROVISION CAREFULLY. IF YO
If any provision of this Agreement is in conflict with applicable law, that provision
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PA
be considered to be modified to conform with applicable law.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL
Notice to New Jersey Residents
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE A
All provisions of this agreement are valid, enforceable and applicable in New
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE
Jersey.
1. Your Right to Reject: If you don't want this Arbitration
Disputes and Reporting to Consumer Reporting Agencies
prior arbitration agreement between you and us ("Prior Arbit
to apply, you may reject it by mailing us written rejection
Credit Reports
the name of each Cardholder and contains statement that
You give us permission to investigate your credit record
more than one) reject the Arbitration Provision of this Agree
You agree that credit report may be requested in connection with
the
notice must be to us at Comenity Bank, PO Box 18242
processing
of
your
credit
application
A
report
may
also
be
requested
43218-2422. A rejection notice only effective signe
connection
with
credit
extension
credit
limit
request
or
if more than one) and if we receive it within thirty (30) cale
update,
Account
collection
action.
or
dispute
investigation.
Upon
date we first provide you with credit card agreement or writt
we
will
tell
you
the
name
and
address
of
any
consumer
report
agency
that
you right to reject this Arbitration Provision. Your rejection
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
Provision will not affect any other provision of this Agreeme
signing
or
otherwi
an
applicati
solicitation
obtain
credit
You understand that we may report negative information (such as. late pay-
2. Parties Subject to Arbitration: Solely as used in this Arbitr
ments, missed payments, or other defaults) about your Account to consumer
not
where
this
Agreement),
the
terms
'we
"us"
and
reporting agencies.
menity Bank, any parent subsidiary or affiliate of the Bank
You give us permission to provide information about your Account to con-
officers
and
directors
of
such
companies
(the
'Bank
Parties
sumer reporting agencies and other creditors, as well as to the retailer whose
person or company that provides any services in connection
name
appears
on
your
Card.
you assert Claim against such other person or company at
Credit report disputes
assert Claim against any Bank Party.
If
you
believe
the
Account
information
we
reported
to
reporting
agen-
3.
Covered
Claims:
"Claim'
means
any
claim,
dispute
or
is inaccurate you may submit direct dispute to Comenity Bank, PO Box
you and us that in any way arises from or relates to this Agree
182789,
Columbus,
Ohio
43218-2789.
the
issuance
of
any
Card.
any
rewards
program,
any
prior
agr
Your
written
dispute must provide suf ficient information to identify the Account
"Claim' includes disputes arising from actions
and specify why the information inaccurate
any Card was issued you, including the advertising related
Account Information: Your name and Account number
or approval of the Account. "Claim" has the broadest
Contact Information: Your address and telephone number
includes claims, counterclaims, cross claims and th
Disputed Information: Identify the Account information disputed and
ex-
includes disputes based upon contract, tort, consumer right
plain
why
you
believe
inaccurate
intentional
torts,
constitution
statute.
regulation,
Supporting Documentation: If available, provide copy of the section of the
equity (including any claim for injunctive or declaratory relief
credit
report
showing
the
Account
informatio
you
are
disputing
include disputes about the validity, enforceability coverage
We
will
investigate
the
disputed
information
and
report
the
results
to
you
within
tration Provision any part thereof (including without limitat
30
days
of
receipt
of
the
information
needed
for
our
stigation.
we
find
that
against class proceedings, private attorney general proceedir
the
Account
information
we
reported
we
will
promptly
provide
the
party
proceedings
described
in
Paragraph
C.
(the
"Class
necessary correction to each consumer reporting agency to which we reported
last sentence of Paragraph C 13 and/or this all
the
a
court
and
not
an
arbitrator
to
decide
However,
any
disput
Your Billing Rights: Keep This Document For Future Use
concerns the validity or enforceability of the Agreement
This notice tells you about your rights and our responsibilities under the Fair
arbitrator,
not
court
to
decide
Credit Billing
4. Starting an Arbitration: Arbitration may be elected by any
What
To
Do
If
You
Find
A
Mistake
On
Your
Statement
to
any
Claim
that
party
has
already
itiated
you there is an error on statement write to us at: Comenity Bank, PO
different Claim is started by giving written den
182782 Columbus Ohio 43218-2782
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individ
In your letter, give the following information:
against us small claims court or your state's equivaler
Account
information:
Your
name
and
number
if that Claim is transferred, removed or appealed to differ
Dollar amount: The dollar amount of the suspected error.
the
right
to
demand
arbitration.
Description
of
problem:
you
think
there
an
error
on
your
bill,
describe
5. Choosing the Administrator: Administrator means the A
what believe wrong and why you believe it is mistake
Association ("AAA"), 1633 Broadway, 10th Floor, New York
You must contact
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor.
New
York.
Within 60 days after the error appeared on your statement
jamsadi or any other company selected by mutual
At
least
business
days
before
an
automated
payment
ties.
If
is
scheduled,
if
both
AAA
and
JAMS
cannot
or
will
not
serve
the
you
want
to
stop
payment
on
the
amount
you
think
wrong.
to select an Administrator by mutual consent the
You
must
notify
us
of
any
potential
errors
in
writing.
You
may
call
us.
but
if
you
by court The arbitrator will be appointed by the
do not required to investigate any potential errors and you may have to pay
with the rules of the However, the arbitrator
the
amount
question
former judge lawyer with least years of experience
What Will Happen After We Receive Your Letter
Administrator you give written notice of your selection
When receive your letter, we must do two things
you are electing to arbitrate any Claim or within 20 days after
1
Within
30
days
of
receiving
your
letter.
must
tell
that
we
are
electing
arbitrate
you
that
we
received
your
any
Claim
(or.
if
dispute
letter
We
will
also
tell
you
have
corrected
the
error.
arbitration of the Claim, within 20 days after that dispute
2
Within
90
days
of
ceiving
your
letter.
we
must
either
correct
the
error
or
you do not select the Administrator on time. we may do
explain
why
we
believe
the
bill
correct.
any language in this Arbitration Provision to the contrary, no
While
investigate
whether
or
not
there
has
been
an
error:
administered without the consent of all parties to the arbitra
We cannot try to collect the amount in question, or report you as delinquent
istrator that has in place formal or informal policy that in
on that amount
Class
Action
Waiver
The charge question may remain on your statement and we may continue
6. Court and Jury Trials Prohibited: Other Limitations Le
to
charge
you
interest
on
that
amount
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HA
While you do not have to pay the amount in question, you are responsible for
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE
the
remainder
of
your
balance
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MOR
We can apply any unpaid amount against your credit limit.
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT
After
we
finish
our
investigation
one
of
two
things
will
happen
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
If we made mistakes You will not have pay the amount in question or any
7. Prohibition Against Certain Proceedings: IF YOU OR WE
interest
other
fees
related
to
that
amount
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICI
If we do not believe there was mistakes You will have to pay the amount in
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EIT
question.
along
with
applicable
interest
and
fees.
We
will
send
state-
TIFF, DEFENDANT CLASS MEMBER: (2) NEITHER YOU
ment of the amount you owe and the date payment is due. We may then
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN A
report
you
as
delinquent
you
do
not
pay
the
amount
we
think
you
owe.
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOIN
If
you
receive
our
explanation
but
still
believe
your
bill
is
wrong,
you
must
write
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTH
within
10
days
telling
us
that
you
still
refuse
to
pay
If
you
do
cannot
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHOR
report
you
as
delinquent
without
also
reporting
that
you
are
your
bill.
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENER
We
must
tell
you
the
name
of
anyone
to
whom
we
reported
you
as
delinquent
OR MULTIPLE-PARTY ARBITRATION
must let those organizations know when the matter has been settled
8 Location and Costs of Arbitration: Any arbitration hearir
between
must
take
place
location
reasonably
convenient
to
you.
If we do not
follow
all
of
the
rules
above,
you
do
not
have
to
pay
the
first
$50
of
all fees of the Administrator and/or the arbitrator applical
the
amount
you
even
your
bill
to, you prevail the arbitration or we must bear such fe
Your
Rights
If
You
Are
Dissatisfied
With
Your
Credit
Card
Purchases
Arbitration Provision be enforced If you demand arbit
If
you
are
atisfied
with
the
goods
or
ervices
that
you
have
purchased
with
your reasonable attorneys' and experts fees if you prevail or if
your
credit
card.
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
fees in order for this Arbitration Provision to be enforced. Als
merchant, you may have the right not to pay the remaining amount due on the
fees
if
applicable
law
requires
us
to
purchase
9. Governing Law: This Arbitration Provision involves interst
use this right all of the following must be true:
is
governed
by
the
Federal
Arbitration
Act
9
U.S.C.
§§
1-16
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
not
by
any
state
arbitration
law.
The
arbitrato
must
apply
app
of your current mailing address. and the purchase price must have been more
law
consistent
with
the
FAA
and
applicable
statutes
of
limitat
than
$50.
(Note:
Neither
these
necessary
if
your
purchase
based
on
privilege
at
law.
was
The
arbitrator
may
award
reme
an advertisement we mailed to you, or if we own the company that sold you the
substant law that would apply the action were pending
goods services.
without limitation punitive damages, which shall governe
You must have used your credit card for the purchase. Purchases made with
tional standards employed by the courts) At the timely requi
cash advances from an ATM or with check that accesses your credit card ac
the must provide a brief written explanation the
count
do
not
qualify.
10. Right to Discovery: In addition to the parties rights
3.
You
must
not
yet
have
fully
paid
for
the
purchase
pursuant
to
the
arbitration
rules
of
the
Administrator.
either
If all of the criteria above are met and you are still dissatisfied with the purchase,
a written request to the arbitrator to expand the scope of dis
contact
us
writing
at:
lowable
under
the
arbitration
rules
of
the
Administrator
The
Comenity Bank
discretion to grant deny that request.
PO
Box
182782,
Columbus
Ohio
43218-2782
11. Arbitration Result and Right of Appeal: Judgment up
While we investigate, the same rules apply to the disputed amount as discussed
award may be entered by any court having jurisdiction. The
above
After
we
finish
our
investigation,
we
will
tell
decision.
At
that
is
you
final
our
and
binding,
except
for
any
right
appeal
provided
by
point. if we think you owe an amount and you do not pay, we may report you
if the amount of the Claim exceeds $50,000 involves req
delinquent
or
declaratory
relief
that
could
foreseeably
involve
cost
or
be
G. Optional products
exceeding $50.000 any party can. within 30 days after the
by the arbitrator, appeal the award to three-arbitrator panel a
Credit insurance (as applicable)
Administrator. The panel shall reconsider anew any aspect
Purchasing
credit
insurance
optional
If
you
do
choose
to
carry
credit
insurance
requested by the appealing party. The decision of the panel
coverage, the premium charge will be added to your Account as purchase on
vote. Reference in this Arbitration Provision to "the arbitrato
the
last
day
each
billing
period.
cancel
your
coverage
at
any
time.
panel an appeal of the arbitrator's decision has been taken.
Account Assure Debt cancellation (as applicable)
appeal
borne
in
accordance
with
Paragraph
ab
Purchasing Account Assure is optional.
12. Rules of Interpretation: This Arbitration Provision shall
Your decision whether or not purchase Account Assure won't affect your
ment
of
all
amounts
owed
under
this
Agreement
the
closing
application for credit or the terms of any existing credit agreement you have
legal
proceeding
and
any
bankruptcy
to
the
extent
consister
with
us
bankruptcy
law.
In
the
event
of
conflict
inconsistency
be
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
tion
Provision
on
the
one
hand
and
the
applicable
arbitratic
balance
your
Account
each
month
and
be
added
to
your
Statement
provisions
of
this
on
the
other
hand,
this
Arbitrat
We'll provide litional information before you're required to pay for Ac-
govern. This Arbitration replaces Prior Arbitrati
count Assure. This will include copy of the terms and conditions pertain-
13.
Severability:
If
any
portion
of
this
Arbitration
Provision
ing
to
Account
Assure
Action Waiver. invalid or unenforceable the remain
You can cancel your Account Assure at any time.
nevertheless
remain
in
force
a
determination
is
made
tha
There are eligibility requirements conditions and exclusions
that
could
pre-
Waiver is unenforceable. only this sentence of the Arbitration
vent you from receiving benefits under Account Assure
main in force and the remaining provisions shall be null and
Be sure to carefully read the Addendum for full explanation of the terms
the determination concerning the Class Action Waiver shall be
of Account Assure.
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
H Communicating with us
Paragraph B above on your own behalf (and not on behalf
Communicating to you about your Account
(2) we refuse to provide you with the relief you request
subsequently determines that you were entitled such relief
If
we
need
to
contact
you
to
service
your
Account
or
to
collect
amounts
you
owe
the arbitrator shall award you at least $5, 100 (plus any fees
to give direct consent to us, as well as servicers, agents, contractors and
you are entitled).
collectors of your Account to communicate with you in any way, such as calling,
texting,
or
electronic
mail
via:
1)
cell,
landline
or
text
number
comenity
Comenity Bank, Wilmington, DE
you
provide
use
to
contact
us,
or
at
which
we believe we can reach you (even if is not yours),
2)
any
electronic
mai
address
you
provide
to
one
of
our
merchants,
3)
automated dialer systems and automatic telephone dialing systems.
4)
pre-recorded
or
artificial
voice
messages
and
other
forms
of
communica-
tions
You also agree that these communications aren't unsolicited for purposes of any
state federal law. and you understand that this may result in additional mobile,
text
message,
data
charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account
For Wisconsin residents:
If you married, please contact us immediately upon receipt of this Agreement
at 1-855-567-7739 (TDD/TTY 1-800-695-1788) and provide us with the name
and address of your spouse. We are required to inform your spouse that we have
opened credit account for you.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method