Your Springstone Credit account agreement.
SSFCCA03
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
charges, close your Account require you to pay the full amount you owe im-
managing
your
account,
including
a
Privacy
mediately or take any other action permitted by law. applicable law requires
Statement and information concerning your billing rights. Your
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your default.
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card. should write to immediately at PO Box 183003 Columbus,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 at 1-866-954-9258 (TDD/TTY: 1-888-819-1918).
You will not be liable for any unauthorized use that occurs after you notify us. You
an Arbitration Provision in the event of a dispute.
may, however, be liable for unauthorized that occurs before your notice to us.
You have a 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 partici features (including but not limited to minimum purchase re-
Please read each section carefully and keep this document for
guirements and minimum payment) may vary occasionally at our discretion
vour records
and include one or more Regular Revolving or promotional Credit Plans.
We may offer different promotiona Credit Plans from time time
In the following sections, you will find information on:
If a promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An -glance summary of the fees and charges
this Agreement will include information about the terms for the Plan, by use
with
your
account
of an insert, attachment, or other written information provided as part of this
A. Getting started: the basics of your account
Agreement.
B. Keeping your account in good standing avoiding default, and what to do if
Normal late fees, returned payment fees and all other provisions apply to
card
lost
stolen,
as
applicable
any promotional Credit Plan, unless inconsistent with particular Credit
C.
Learning more about your account: credit plans, and credit limits, and how
Plan offering.
payments
are
calculated
and
applied
If the promotional Credit Plan purchase isn' 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
account
o Waive Interest Payment Required
o Defer Interest Payment Required
F.
Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest Equal Payment
o Defer Interest. Low Payment
and receive from, reporting agencies, and what to do you think
o Waive Interest Low Payment
o Low APR. Equal Payment
there
an
error
on
your
periodic
statement
o Defer Interest, Equal Payment
o Budget Payment
G.
Optional products how to protect your account from fraud or theft, and
Skip-payment option
services that can help pay your debt case of emergencies
At our discretion we may allow you to skip making the Minimum Payment
H. Communicating with us: what happens when you contact us
Finance Charges wil be assessed during the skip-pay period, but late
I.
Arbitration and jury trial waiver how we'l resolve disagreements, including
fee won't be imposed This will not be considered a waiver of any of the
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-
Annual Percentage
22.98%
tions, interest and other charges without giving up any of our rights under
this Agreement.
Rate (APR) for
This APR will vary with the market based
We may change your Credit Limit at any time.
Purchases
on the Prime Rate.
Account cancellation
You may cancel your Account. You still obligated to pay the full amount
Your due date is at least 25 days after
you owe
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
to
others.
date each month.
We may stop offering any Credit Plan at any time, for any reason.
Cancellation or suspension of your Account doesn' negate your obligation to
Minimum Interest
If you are charged interest. the charge
pay
any
amount
you
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
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 the minimum payments for the Regu-
Protection Bureau
www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than your Account
balance less than $25.00, you must pay the amount indicated on your
Fees
Statement full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows
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:
Returned Payment
Up to $25
(b) 4% (rounded to the nearest $1 .00) of the New Balance shown
on your Statement for that Credit Plan.
How We Will Calculate Your Balance: We use a method called
0
The minimum payment for the Waive Interest Equal Payment and
De-
"daily balance." See your Account agreement for more details.
fer Interest, Equal Payment Credit Plans wil be the amount the pur-
Billing Rights: Information on your rights to dispute transactions
chase divided by the number of months between the date the pur-
chase and the promotional period end date (minimum $5.00) rounded
and how to exercise those rights is provided in your account
up to the nearest $1.00
agreement.
0
The minimum payment for the Low APR, Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Rate Information The following chart provides details on your rate as of March 1,
charge that will be ssessed from the date of purchase through the
2014. We divide the APR by 365 to determine the daily periodic rate.
end of the 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
bunded up nearest 1.00
o
The payment for the Waive Interest, Low Payment and Defer
Purchase APR
19.73%
22.98%
0.06295%
Interest, Low Payment Credit Plans will be the greater of:
We'l charge you a 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 to the nearest $1.00) of the New Balance
Section
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 minimum payments for Regular Revolving and promotional Credit Plan
mum Payment however we see fit. which may result in balances subject to
purchases plus any Past Due amounts. The Total Minimum Payment won't
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 ("Statement" in full. The minimum
Any payment you make in excess of the required Total Minimum Payment
payment due for each Regular Revolving Credit Plan will be the greater of:
will be allocated to your Account as required by applicable law
(a)
$5.00;
or
Excess payments received before deferred interest promotion expires
are
(b) 4% of the New Balance shown on your Statement for that
applied the deferred interest promotional balance first in the last two bill-
Credit Plan (rounded to the nearest $1.00).
ing periods of the promotional period.
See Minimum Payment in Section C below for promotional credit plan minimum
D. Interest, fees and charges
payment
calculations.
The
APR
Interest charges
information
described
below
is
accurate
as
of
March
1.
2014.
Due
to
a change in the index, this informatio may have To find out more. call
If you make purchase under a Regular Revolving Credit Plan. interest
us at 1-866-954-9258 (TDD/TTY: 1-888- or write at Comenity
charges won" be imposed in any billing period in which (i) no 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
Date
equal
exceed
Previous
Balance
at comenity.net/springstone.
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown your last Statement. there will be an interest
Definitions
charge on each purchase from the date purchase
In this Agreement, "We," "Us" and "Our' mean Comenity Capital Bank. "You"
If you make purchase under any Waive Interest Credit Plan, we won't
and "Your" mean each person who submits an application or solicitation for an
charge interest on the purchase if you pay the total purchase amount be
Account
with
us.
"Account"
means
your
credit
account
with
us.
"Card"
means
fore the end of the promotional period. don't pay the total purchase
each credit card we issue for your Account applicable. "Credit Plan' means
amount before the end of the promotional period, add remaining
one more payment program options Springstone may ask us to offer from time
amount to your Regular Revolving balance We'll also begin charging inter-
to
time
est on the purchase from the first day after the promotional period ends.
Upholding your Agreement
If you make purchase under any Defer Interest Promotional Credit Plan
You agree to the terms of this Agreement, and promise to do everything
and don't pay the total amount before the end of the promotional period,
required of you. If sign or submit an application solicitation obtain
we'l add the remaining purchase amount and the amount of accrued inter-
credit from us, you'l be legally bound by this Agreement. also legally
est to your Regular Revolving balance.
bound if 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 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
if 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 will be jointly and individually respon-
follows:
sible for repaying amounts due. more than one person 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 you.
We subtract any payments or credit adjustments (treating any net credit
Any authorized user of your Account will be bound by the terms of this
balance zero balance) and add new transactions and debit adjustments
Agreement. One add tional Card may be issued with the individual name of
posted as of that day This gives us the 'Partial Daily Balance" for the day.
an authorized user embossed 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 user. either write us at the address, or call us
Rate This gives us the "Daily Interest Charge" for the day, which we add to
at the phone number. shown on your Statement
the
day's
Partial
Daily
Balance
You agree to pay for all transactions made on 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't a prerequisite to your obligation to pay amounts
Your Statement show Balance 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 Springstone and other
Rates
retailers we may determine occasionally notifying you via electronic mail,
The Index in effect for each billing period will be the highest "Prime Rate"
statement message, website posting, or other method
of as published the "Money Rates" section The Wall Street
We reserve the right to not honor transactions related to. including, but not
Journal for the calendar month preceding the month which the billing pe-
limited to gambling, ATM usage at casinos, and illegal activities.
riod begins, rounded upward necessary, to the nearest .001% ("Index"
Making payments
Any variable APR may increase the Index ncreases.
Pay your Account by sending check, money order, or cashier's check pay
An increase or decrease in the APR will result in corresponding increase
able U.S. dollars, to the name and address shown on your Statement
or decrease in the amount of interest and may increase the Total Minimum
specified for payments Please don't send cash.
Payment.
Be sure to include your payment stub, do not staple your payment to the
Other fees and charges
stub. use the envelope provided with your Statement and don't send any
You agree to pay the following fees and charges:
correspondence with your payment.
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn't 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 be rejected
o
The fee $25.00 you were not charged a late fee during any of the
All written communications concerning disputed amounts, including any
prior six billing periods.
check other payment instrument marked with "payment in full' or similar
o
Otherwise
the
fee
$35.00
language, must be 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 was assessed
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 rights.
bank
doesn'
honor
for
any
reason.
0
No payment shall operate as an accord and satisfaction without our
O The fee $25.00 you were not charged a returned payment fee dur-
prior written approval
ing any of the prior six billing periods.
B. Keeping your account in good standing
o
This fee 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 any 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 to any limitations of applicable law:
Supply us with misleading, false, incomplete or incorrect information
Statement
copy
$6.00
Are unable or unwilling perform the terms or conditions of this Agreement
Sales/Credit Draft copy $6.00
Fail to supply us with any informa deem necessary
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
the phone. If choose to this payment method we may assess
Exceed your Credit Limit
the
current
fee
we
charge
for
this
service,
subject
to
any
limitations
of
ap-
Issue payment returned unpaid by your bank for any reason
plicable law. Currently, that fee to $15.00 but may change. 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 Agreeme
To the extent not prohibited by applicable law. you agree to pay the reasonable
at 1-866-954-9258 (TDD/TTY and provide us with the
nar
costs for collecting amounts due. including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that we
ha
costs incurred by us or another person or entity.
opened credit account for you
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account. If required by appli-
All bankruptcy notices and related correspondence to Comenity Capital Ba
cable law we will give you advance written notice of the change(s) and a right to
should be sent to the following address: Comenity Capital Bank, Bankrupt
reject the change(s
Department, PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account. now or at any time in the future and in all accessions to and proceeds of
TO
THE
EXTENT
PERMITTED
BY
LAW,
YOU
AND
WE
WAIVE
such goods. We waive any security interest we may have in your principal dwell-
ANY
RIGHT
ing, to the extent that would otherwise secure any obligation arising hereunder.
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF OR RELATI
Changes to your information
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT TH
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVE
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVE
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 APPLICABLE FEDERAL LAW
Prior to bringing lawsuit or initiating an arbitration that asserts a claim
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
a
MITTED OR REQUIRED BY APPLICABLE LAW.
ing out of related to this Agreement (as further defined below, "Claim
the
party
asserting
the
Claim
(the
"Claimant'
")
shall
Transfer of Rights/Assignment
give
the
other
party
"Defendant' written notice of the Claim (a "Claim Notice' and
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity,
not
less
than
30
days
to
resolve
the
Claim
Any
Claim
Notice
to
or otherwise, but your obligations will be binding upon your estate
shall
be
sent
in
writing
to
the
addres
we
our
records
(or
any
updat
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement,
you
provide
us).
Any
Claim
Notice
sent
or any of our rights under this reement, to another person or entity at any time
mai
to
Comenity
Capital
Bank,
PO
Box
182436.
Columbus,
Ohio
43218-24
without prior notice to you or your consent.
(or any updated subsequently provide). Any Claim Notice you
No Waiver of Rights
must
provide
your
name.
address
and
Account
number.
Any
Claim
Notice
mu
We delay enforcing our rights under this Agreement without losing them
explain the nature the Claim and the relief that demanded. may
Severability
submit
a
Claim
Notice
on
your
behalf
and
not
on
behalf
of
any
other
par
If any provision of this Agreement is in conflict with applicable law, that provision
No third party, other than lawyer you have personally retained may submit
will be considered to be modified to conform with applicable law.
Claim
Notice
on
your
behalf.
The
Claimant
must
reasonably
provi
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably requests.
All provisions of this agreement are valid, enforceable and applicable in New
C. Arbitration provision
Jersey.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECTION
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1.
Credit Reports
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTA
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE CLAIM WHIC
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
agree that credit report may be requested connection with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
processing of your credit application A report may also be quested
a
prior arbitration agreement between you and us ("Prior Arbitration Agreement'
connection
with
credit
extension
credit
request,
Accou
or
to apply, you may reject by mailing us written rejection notice which gives
update,
Account
collection
action.
or
dispute
investig
Upon
request,
name each Cardholder and contains statement that you (both of you, if mo
we will tell you the and address of any consumer reporting agency that
than one) reject the Arbitration Provision of this Agreement. The rejection noti
report on you. You consent to the obtaining of such reports by
must be sent to us Comenity Capital Bank, PO Box 182422, Columbus, Oh
signing or otherwis submitting application or solicitation.
You understand that may report negative information (such as, late
43218-2422. A rejection notice only effective if is signed by you (all of yo
pay-
if
more
than
one)
and
if
we
receive
within
thirty
(30)
calendar
days
after
ments, missed payments, or other defaults) about your Account to
date we first provide you with credit card agreement written notice providi
reporting agencies.
you
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
this
Arbitrati
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability
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 Provisi
Credit report disputes
(and
not
elsewhere
this
Agreement)
the
terms
and
"our"
mean
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and
cy is inaccurate, may submit a direct dispute to Comenity Capital Bank, PO
employees,
officers
and
directors
of
such
compa
(the
"Bank
Parties"
Box 182120, Columbus, Ohio 43218-2120.
(b) any other person company that provides any
Your written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or company at
and specify why the information is
same
time
assert
Claim
against
any
Bank
Party.
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim, dispute or controversy betwe
Contact Information: Your address and telepho number
you that any way arises from relates this Agreement, the Accou
Disputed Information: Identify the Account information disputed and ex-
the issuance any Card, any rewards program, any prior agreement accour
plain
why
you
believe
inaccurate
"Claim" includes disputes arising from actions or omissions prior to the da
Supporting Documentation: available. provide copy of the section of
the
any Card issued to 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,
an
We will investigate the disputed information and report the results to you within
includes initial claims. counterclaims, and third- party claims.
30
days
of
receipt
of
the
information
needed
for
our
investigation
we
find
that
includes
disputes
based
contract,
tort,
consumer
rights,
fraud
and
oth
the Account information we reported inaccurate, we will promptly provide the
intentional torts, constitution statute, regulation. ordinance, common law
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
or
declaratory
relief).
"Claim"
does
the information
include disputes about the validity, enforceability, coverage or scope of this Arl
Your Billing Rights: Keep This Document For Future Use
tration
Provision
or
part
thereof
(including,
without
limitation,
the
prohibiti
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or multip
Credit Billing Act.
party
proceedings
described
in
Paragraph
C.7
(the
"Class
Action
Waiver"
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph and/or this sentence); all are
If you think there is an error on your write to us at: Comenity Capital
a
court
and
arbitrator
to
decide.
However,
any
dispute
or
argument
th
Bank, PO Box 182620 Ohio 43218
concerns the validity or enforceability of the Agreement as whole IS for
In your letter, give us the following ormation:
arbitrator,
not
court
to
decide.
Account
name
and
account
number.
4. Starting an Arbitration: Arbitration
may
be
elected
by
any
party
with
respe
Dollar amount: The dollar amount of the suspected error.
to any that party has already initiated lawsuit with respect to
scription of problem: If you think there an error on your bill, describe
different Claim. Arbitration is started by giving written demand for arbitratic
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 that
You
must
contact
against us small claims court or your state's equivalent court. if any. B
Within 60 days after the error appeared on your statement
if that Claim is transferred, removed or appealed to different court, we the
At least business days before automated payment is scheduled,
if
you
have the right to demand arbitration.
want stop payment on the amount you think is wrong.
5. Choosing the Administrator: "Administrator" means the American
Arbitratic
You
must
notify
us
of
any
potential
errors
writing.
You
may
call
us,
but
if
Association
you
"AAA"),
1633
Broadway,
10th
Floor,
New
York.
NY
10019,
ww
do we 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
question.
jamsadr.com;
or
any
other
company
selected
by
mutual
agreement
of
the
What Will Happen After We Receive Your Letter
ties. both AAA and JAMS cannot or will not serve and the parties unab
When receive your letter, we must do two things:
to
select
an
Administrator
by
mutual
consent.
the
Administrator
will
selecte
1. Within 30 days of receiving your letter. we must tell you that
we
received
your
by court. The arbitrator will be appointed by the Administrator accordan
letter.
will
also
tell
you
if
we
have
already
the
error.
with
the
rules
of
the
Administrator.
However
the
arbitrator
must
be
retired
2. Within 90 days of receiving your letter. we must either correct the error or
former judge or lawyer with at least 10 years experience get select
explain you why we believe the bill correct
Administrator
if
you
give
us
written
notice
your
selection
with
your
notice
th
While
we
investigate
whether
not
there
has
been
an
error:
you are electing to arbitrate any Claim 20 days after give noti
We cannot try to collect the amount in question, or report you as delinquent
that we arbitrate any Claim (or, you dispute our right requi
on
that
of
the
Claim,
within
20
days
after
that
dispute
is
finally
resolved
The charge question remain on your statement, and we may continue
you do not select the strator on time, do it. Notwithstandir
to
charge
you
interest
on
that
amount
any language this Arbitration Provision to the contrary, no arbitration may
While do not have to pay the amount in question, you are responsible for
administered without the consent of all parties to the arbitration, by any Admi
the remainder of your balance
istrator that has place formal or informal policy that is inconsistent with
We can apply any unpaid amount against your credit limit.
Class Action Waiver
After
we
finish
our
investigation,
one
of
two
things
will
happen:
6.
Court
and
Jury
Trials
Prohibited:
Other
Limitations
on
Legal
Rights:
IF
YO
we made mistakes You will not have pay the amount in question or any
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE THE RIGHT
interest
other
fees
related
to
that
amount
PURSUE
THAT
CLAIM
IN
COURT
OR
HAVE
A
JURY
DECIDE
THE
CLAIM.
ALS
If not believe there was mistake You will have to pay the amount in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN
question, along with applicable interest fees. We will send you state-
ARBITRATION
THAN
IN
A
LAWSUIT.
OTHER
RIGHTS
THAT
YOU
WOULD
HAV
ment of the amount you owe and the date payment is due. We may then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
report
you
as
delinquent
if
you
pay
the
amount
we
think
you
owe.
7.
Prohibition
Against
Certain
Proceedings
IF
YOU
OR
WE
ELECT
TO
ARB
If you receive our explanation but believe your bill wrong, you write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN CLAS
to
us
within
10
days
telling
us
that
you
still
refuse
to
pay
you
do
so.
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS A PLAI
report as delinquent without also report ing that you are your bill.
TIFF, DEFENDANT CLASS MEMBER: (2) NEITHER YOU NOR WE MAY AC
We must tell you the name of anyone to whom we reported you as delinquent,
AS
A
PRIVATE
ATTORNEY
GENERAL
IN
COURT
OR
IN
RBITRATION;
and must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOL
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AN
we not follow all of the rules above, you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUC
the
bill
is
correct
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATIO
Your Rights If Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If you dissatisfied with the goods or services that you have purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that you atte
you
credit
card,
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
take
place
at
location
reasonably
convenient
to
you
We
will
pay
any
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 requires
purchase.
to,
if
you
prevail
in
the
arbitration
or
if
we
must
bear
such
fees
order
for
th
To this right, all of the following must be true
Arbitration Provision to be enforced If you demand arbitration,
1.
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
your
reasonable
and
experts'
fees
you
prevail
or
we
must
bear
suo
of your current mailing address, and the purchase price must have been more
fees in order for this Arbitration Provision to be enforced. Also, we bear an
than
$50.
(Note:
Neither
of
these
necessary
if
your
purchase
based
fees
if
was
applicable
law
requires
us
to.
an advertisement we mailed to you, or if we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"),
2. You must have used credit card for the purchase. Purchases made with
not by any state arbitration law. The arbitrato must apply applicable substanti
cash advances from an ATM or with check that accesses your credit card ac
law
consistent
with
the
FAA
and
applicable
statutes
and
claims
count
not
qualify.
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
by
3. must not yet have fully paid for the purchase
substantive law that would apply the action were pending in court
If all of the criteria above are met and you are still dissatisfied with the purchase,
without
limitation
damages,
which
shall
be
governed
by
the
Constit
contact writing at:
tional employed by the courts). At the timely request of either par
Comenity Capital Bank
the arbitrator provide brief written explanation of the for awar
PO Box 82620. Columbus, Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights to obtain discover
While we investigate, the same rules apply to the disputed amount as discussed
pursuant
arbitration
rules
of
the
Administrator,
either
party
subm
above. After we finish our investigation, we will tell our decision. At that
a written request to the arbitrator to expand the scope of discovery normally
point, we think you owe an amount and you do not pay, we may report you as
lowable under arbitration rules of the Administrator. The arbitrator shall hav
delinquent.
discretion to grant or deny that request.
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator
Credit insurance (as applicable)
award may be entered by any court having jurisdiction. The arbitrator's decisio
final
and
binding,
except
for
any
right
of
appeal
provided
by
the
FAA.
Purchasing credit insurance is optional If you do choose to carry credit insurance
Howeve
the amount of the Claim exceeds $50 000 involves request for injuncti
coverage, the premium charge will be added to your Account as purchase on
or
declaratory
that
could
foreseeably
involve
cost
or
benefit
to
either
the last day of each billing period. You can cancel your coverage at any time.
par
exceeding $50,000, any party can, within 30 days after the entry of the awa
Account Assure Debt cancellation (as applicable)
by the arbitrator. appeal the award to three-arbitrator panel administered by
Purchasing Account Assure optional
Administrator The panel shall reconsider anew any aspect of the initial awa
Your decision whether or not to purchase Account Assure won't affect your
requested
by
the
appealing
party.
The
decision
of
the
panel
be
majori
application for credit or the terms of any existing credit agreement you have
vote. Reference this Arbitration Provision to arbitrator" shall mean
with
panel
if
an
appeal
of
the
arbitrator's
has
been
taken
The
costs
of
su
The monthly fee for Account Assure is based on the outstanding monthly
an
appeal
will
in
accordance
with
ragraph
C.8.
above.
balance
on
your
Account
each
month
and
be
added
your
12.
Rules
of
Interpretation
This
Provision
shall
survive
the
repa
We'll provide additional informat before you're to pay for Ac
all
owed
under
this
Agreement,
the
closing
of
the
Account
an
count Assure. This will include copy of the terms and conditions pertain-
proceeding and any bankruptcy to the extent consistent with applicab
ing
to
Account
bankruptcy
law.
In
the
event
of
conflict
or
inconsistency
between
this
Arbitr
You cancel your Account Assure at any time.
tion Provision on the hand, and the applicable arbitration rules the oth
There are eligibility requirements conditions, and exclusions that could pre-
provisions
of
this
Agreement,
on
the
other
hand.
this
Arbitration
Provision
sha
from receiving benefits under Account Assure.
govern. This Arbitration Provision replaces any Prior Arbitration
Be sure to carefully read the Addendum for full explanation of the terms
13.
Severability:
any
portion
of
this
Arbitration
Provision.
other
the
of Account Assure.
Clas
Action Waiver, deemed invalid or unenforceable, the remaining portions sha
H. Communicating with us
nevertheless
remain
force.
determination
is
made
that
the
Class
Actic
Communicating to you about your Account
Waiver is unenforceable. only this sentence of the Arbitration Agreement will
main
in
If we to contact you to service your Account or to collect amounts you
force
and
the
remaining
provisions
shall
be
null
and
void,
provided
th
to us, you give direct consent to us, as well as servicers, agents, contractors and
the determination concerning the Class Action Waiver shall be subject to appea
14.
collectors of your Account, to commun icate with you in any way, such as calling,
Special
Payment:
If
(1)
submit
Claim
Notice
accordance
wit
texting,
or
electronic
mail
Paragraph above your own behalf (and not behalf any other party
(2)
1)
we
cell. landline, or text number you provide, use to contact us, or at which
refuse
to
provide
you
with
the
relief
you
request;
and
(3)
arbitrat
subsequently
determines
that
you
we believe we can reach you (even not yours),
entitled
to
such
relief
(or
greater
relief
2)
any electronic mail address you provide to one of our merchants,
the arbitrator shall award you at least $5,100 (plus any fees and costs to whic
3)
automated dialer systems and automatic telephone dialing systems,
you are entitled).
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,
SSFCCA031
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
honitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
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 19.73%.
(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