Your ALPHAEON CREDIT Card account agreement.
395871001 (04/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default. we may suspend your ability to make
about using and managing your account, including a Privacy
charges, close your Account. require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
us 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
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,
you
should
write
to
us
immediately
at
PO
Box
183003,
Columbus.
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call us at 855-334-4204 (TDD/TTY: 1-888-819-1918)
You
will
not
be
liable
for
any
unauthorized
use
that
occurs
an Arbitration Provision in the event of a dispute.
after
notify
us.
You
may, however, be liable for unauthorized use 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
particular
features
(including
but
not
limited
to
minimum
purchase
Please read each section carefully and keep this document for
quirements and minimum payment) may vary at our discretion
your records.
and
include
one
or
more
Regular
Revolving
or
promotional
Credit
Plans.
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time.
If
promotional
Credit
Plan
offered
at
the
time
you
open
your
Account
Financial terms of your account: An at-a -glance summary of the fees and charges
this Agreement will include information about the terms the Plan. by use
associated 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 good standing: avoiding default, and what to do if
Normal late fees returned payment fees and all other provisions apply to
your
card
lost
stolen.
as
applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account: credit plans, and credit limits. and how
Plan offering.
payments are calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo-
D.
Interest, fees and charges: when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E.
Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes
to
your
account
0 Waive Interest, Payment Required
0 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, reportir agencie and what to do you think
o Waive Interest, Low Payment
o Low APR, Equal Payment
there error on your periodic statement
Defer Interest Equal Payment
0 Budget Payment
G. Optional products how to protect your 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 will be assessed during the skip period, but late
I.
Arbitration and jury trial waiver: how 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 we set for your Account
you do exceed your Credit Limit, we can still charge you for all transac-
Annual Percentage
26.99%
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
Your due date is at least 25 days after
You may cancel your Account You're still obligated to pay the full amount
you
owe
How to Avoid
the close of each billing cycle. We will
We may cancel your Account at any time, for any reason
Paying Interest
not charge you interest on purchases if
We may refuse to authorize any purchase on your Account. We may also
you pay your entire balance by the due
suspend your Account and your right to use your Card, including each Card
date each month.
you
give
others.
We may stop offering any Credit Plan at any time, for any reason.
Minimum Interest
If you are charged interest, the charge
Cancellation suspension of your Account doesn't negate your obligation to
Charge
will be no less than $2.00 per credit
pay
any
amount
you
owe
us
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
To learn more about factors to consider
You can pay all of your Account balance at any time without
Card Tips from
when applying for or using credit
penalty.
the Consumer
card, visit the website of the Consumer
You must pay at least the Total Minimum Payment for each billing period by
Financial
Financial Protection Bureau at http://
the Payment Due Date shown on your Statement.
Protection Bureau
www.consumerfinance.gov/learnmore
The Minimum Payment the total the minimum payments for the Regu-
lar Revolving and Credit Plans plus any Past Due
The Total Payment won't be less than $25. 00 If your Account
Fees
balance is less than $25.00, you must pay the amount indicated on your
Statemen
full.
Annual Fee
None
The payment for each Credit Plan is calculated as follows
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In
Late Payment
Up to $35.00
terest Payment Required and Defer Interest, Payment Required Credit
Plans wil be the greater of:
Returned Payment
Up to $35.00
(a) $5.00; or
How We Will Calculate Your Balance: We use a method called
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on Statement for that Credit Plan.
"daily balance.' See your Account agreement for more details.
o
The payment for the Waive Interest Equal Payment and De-
Billing Rights: Information on your rights to dispute transactions
fer Interest, Equal Payment Credit Plans will be the amount the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase and the promotional period end date (minimum $5.00) rounded
up to the nearest $1.00.
o
The minimum payment for the Low APR. Equal Payment Credit Plan
Rate Information: The following chart provides details on your rate as of May 1,
will be the amount of the purchase includi ng the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate.
charges that will be assessed from the date of purchase through the
Add Index
APR
Daily Periodic Rate
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
Purchase APR
23.74%
26.99%
0.07394%
(minimum $5.00) rounded to the nearest $1
o
The minimum payment for the Waive Interest Low Payment and Defer
We'll charge you minimum interest charge of $2.00 per credit plan for any
Interest Low Payment Credit Plans will be the greater of:
billing period in which interest is due. For additional information, see Rates
(a) $5.00
Section D.
(b) 1.0% (rounded up to the nearest $1.00 of the New Balance
shown on your Statement for that Credit Plan.
Minimum Payment:
Payment application
The amount you must pay each billing period ("Total Minimum Payment") is the
We reserve the right to apply payments equal to or less than the Total Mini-
total of minimum payments for Regular Revolving and promotional Credit Plan
mum Payment however we see fit which may result in balances subject to
purch
hases
plus
any
Past
Due
amounts.
The
Total
Minimum
Payment
won't
be
lower interest rates being paid prior to other balances. This may also result
less than $25.00 If Account balance less than $25.00 must pay the
in
higher
interest
charges
amount indicated on your billing statement ("Stateme 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)
Excess
payments
received
before
deferred
interest
promotion
expires
are
(b) 3.5% of the New Balance shown on your Statement for that
applied to the deferred interest promotional balance first in the last two bill-
Credit Plan (rounded up to the nearest $1.00).
ing periods of the promotional period.
See Minimum Payment in Section C be low for promotional credit plan minimum
D. Interest, fees and charges
payment
calculations
Interest charges
The APR described below is accurate as of May 1. 2014. Due to a
change
in
this
informat
may
have
changed
To
find
out
more,
call
If you make a purchase under a Regular Revolving Credit Plan, interest
-855-334-4204 (TDD/TTY: 1-888- or write us at Comenity
charges won't be imposed in any billing period in which (i) no Previous Bal
Capital Bank, PO Box 183003, Columbus Ohio or visit our website
exists or (ii) payments received and credits issued by the Payment Due
at net/alphaeonvision.
Date. equal or exceed the Previous Balance
A. Getting Started
If the New Balance shown on your last Statement isn't paid in full by the
Payment Due Date shown on your last Statement there will be an interest
Definitions
charge on each purchase from the date of purchase
In this Agreement "We, "Us' and "Our" mean Comenity Capital Bank "You"
If you make purchase under any Waive Interest Credit Plan, we
won't
and "Your" mean each person who submits an application or for an
charge interest the purchase if you pay the total purchase amount be-
Account with us. "Account' credit card account with us. 'Card'
fore the end the promotional period. If you don't pay the total purchase
means each credit card we issue for your as "Credit Plan"
amount before end of the promotional period we' add remaining
means one or more payment program options ALPHAEON may ask us to offer
amount your Regular Revolving balance We'll also beg charging inter
from
time
to
time.
est 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 sign submit an application solicitation obtain
we'l add the remaining purchase amount and the amount of accrued inter-
credit from you'l be legally bound by this Agreement. You're also legally
est to your Regular Revolving balance.
bound you sign charge slip, or permit someone else to use the credit
If you make purchase under Low APR Equal Payment Credit Plan
provided.
interest will be assessed from the date of purchase through the end of the
You agree that the credit extended under your Account will be used only for
promotional period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
We calculate interest separately for each Credit Plan, using a "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 this Agreement Each of you will be jointly and individually respon-
follows:
sible for repaying all amounts due. If 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 to one 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 as balance) and add new transactions and debit adjustments
Agreement. One additional Card may be issued with the individual
posted as of that day This gives us the "Partial Daily Balance' the day
an authorized user embossed on the Card. you want to revoke the use of
We then multiply the Partial Dai ly 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 will show Balance Subject to Interest Rate which is the
incurred on your Account.
sum of the Daily Balances for each day in the billing period divided by the
Using your Account
total number days.
Your Account may be used to make purchases from ALPHAEON vision loca-
Rates
tions and other retailers we may determine occasionally by notifying you
via
The Index in effect for each billing period will be the highest "Prime Rate'
electronic mail. statement message, website posting, or method
of interest as published in the "Money Rates' section of The Wall Street
We reserve the right to not honor transactions related to. including, but not
Journal for 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 increases
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
cified 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:
orrespondence with your payment
Late Fee you don't pay at least the Minimum Payment Due by the Pay-
If your payment doesn meet these requirements. it may not be credited to
ment Due Date, we will charge you late fee.
your Account for up to five days, or may be rejected
o
The fee $25.00 you were not charged late fee during any of the
All written communications concerning disputed amounts, including any
prior
six
billing
periods
check or other payment instrument marked with "payment in full' similar
o
Otherwise the fee $35.00
language, must sent to 6550 North Loop 1604 East, Suite 101 San
o This fee will never exceed the minimum payment due that was due
Antonio, Texas 78247-5004.
ediately
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
our rights.
bank
honor
for
any
reason.
o
No payment shall operate as an accord and satisfaction without our
o
The fee you were not charged a returned payment fee dur-
prior written approval.
any the prior six billing periods.
B. Keeping your account in good standing
o
Otherwise the fee $35 00
o
This fee will never exceed the minimum payment due that was due
Avoiding default
immediately prior to the date which the assessed
You'll be in default under this Agreement if you:
Although we may decide to do so, we aren't required to attempt to collect
a
Fail to make any payment when due
payment
more
than
once.
Violate any provision of this Agreement
Document Fees we provide you with copy of any Statement sales draft
Pass
away
or similar document at your request (except in connection with billing error
Become the subject of bankruptcy or insolvency proceedings
inquiries or resolution), we may charge the Account the following fee(s),
Supply us with misleading, false, incomplete or incorrect information
subject to any limitations of applicable law:
Are unable unwilling to perform the terms or conditions of this Agreement
o
Statement copy $6.00
Fail to supply with any information deem necessary
o
Sales/Credit Draft copy $6.00
Default under any other loan or agreement you have with us or any of our
o
Check/Money Order copy $6 ,00
affiliates
Alternative Payment Method Fee: We may offer alternative payment meth
Become incompetent
ods allow you to make individual, expedited payments to your Account
Exceed your Credit Limit
over the phone If you choose to use this payment method we may assess
Issue payment returned unpaid by your bank for any reason
the current fee we charge for this service, subject to any limitations of ap-
plicable law Currently that fee is up $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
For Wisconsin residents:
Collection costs
If you are married. please contact us immediately upon receipt of this Agr
To the extent not prohibited by applicable law. you agree to pay the reasonable
at 1-855-334-4204 (TDD/TTY 1-888-819-191 8) and provide us with th
costs for collect amounts due. including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that
costs incurred by us or another person or entity.
opened credit account for you.
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account. If required by appli-
All bankruptcv notices and related correspondence to Comenity Capita
cable law. we will give you advance written notice of the change(s) and right to
should be sent to the address: Comenity Capital Bank, Ban
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
any
time
in
the
future
and
in
accessions
to
and
proceeds
of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIG
such goods. We waive any security interest we may have in your principal dwell
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT OF RE
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFEC
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS v
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 APPL LICABLE FEDERAL LAW.
Prior to bringing lawsuit or initiating an arbitration that asserts clai
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER
ing out of or related to this Agreement (as further defined below.
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the "Claimant shall give the other
Transfer of Rights/Assignment
"Defendant" written notice of the Claim (a 'Claim Notice'
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
or otherwise, but your obligations will be binding upon your estate or
shall be sent in writing to the we have our records (or
representatives. We may transfer or assign your Account and/or this Agreement,
sequently
provide
us).
Any
Claim
Notice
to
be
or any of our rights under this Agreement, to another person or entity at any time
mail
to
Comenity
Capital
Bank,
PO
Box
182436,
Columbus.
Ohio
43218
prior notice to you or your consent.
(or any updated address subsequen provide). Any Claim Notice
No Waiver of Rights
must
provide
your
name,
address
and
Account
number.
Any
Claim
Notic
We can delay enforcing our rights under this Agreement without losing them.
explain the nature of the Claim the relief that demanded.
Severability
submit
a
Claim
Notice
on
your
own
behalf
and
not
on
behalf
of
any
othe
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
will be considered to be modified to conform with applicable law.
Claim
Notice
on
your
behalf
The
Claimant
reasonably
cooperate
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably reque
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
F. Disputes and Reporting to Consumer Reporting Agencies
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUB
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM
You give us permission to investigate your credit record.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
You
agree
that
credit
report
may
be
requeste
connection
with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (a
processing of your credit application report may also be requested in
prior arbitration agreement between you and us ("Prior Arbitration Agree
connection
with
credit
tension.
credit
request,
Account
renewal
or
to apply, you may reject by mailing us written rejection notice which gi
update
Account
collection
action.
or
dispute
investigation
Upon
request,
name
each
Cardholder
and
contains
a
statement
that
you
(both
of
you,
we will tell you the name and address of any consumer reporting agency that
than one) reject the Arbitration Provision of this Agreement. The rejection
furnished report on you. You consent to the obtaining of such reports by
must
be
sent
to
us
at
Comenity
Capital
Bank,
PO
Box
182422,
Columbu
signing or otherwise submitting an application or solicitation
43218-2422. A rejection notice only effective signed by you (all
You understand that we may report negative information (such as, late pay-
if
more
than
one)
and
we
receive
within
thirty
(30)
calendar
days
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement or written notice pr
reporting agencies.
you right to reject this Arbitration Provision. Your rejection of this Arb
You
give
permission
to
provide
information
about
your
Account
to
con-
Provision will not affect any other provision of this Agreement or your at
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 Pr
Credit report disputes
(and not elsewhere this Agreement) the terms us' and "our"
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank any parent, or affiliate of the Bank
cy you submit direct dispute to Comenity Capital Bank, PO
employees.
officers
and
directors
of
such
(the
Parties
Box 182120 Columbus, Ohio
(b)
any
other
company
that
provides
any
services
Your written dispute must provide sufficient information to identify the Account
this you assert Claim against such other person or company
and specify why the information is inaccurate:
time assert Claim against any Bank Party.
Account Information Your name and Account number
3. Covered Claims: Claim" means any claim, dispute or controversy
Contact Information: Your address and telephone number
and that way arises from or relates this Agreement, the
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement
plain
why
you
believe
it
inaccurate
"Claim"
includes
disputes
arising
from
actions
or
omissions
prior
Supporting Documentation: available provide copy of the section of the
any Card was issued you, including the advertising related to, applica
credit
report
showing
the
Account
information
you
are
disputing
or
approval
of
the
Account
"Claim"
has
the
broadest
possible
We will investigate the disputed information and report the results to you within
includes initial claims, counterclaims, cross- claims and third party cla
30
days
of
receipt
of
the
information
needed
for
our
invest
tigation.
If
we
find
that
includes
disputes
based
upon
contract
tort,
consumer
rights,
fraud
an
the Account information we reported is inaccurate. we will promptly provide the
intentional torts, constitution, statute, regulation, ordinance,
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
or
declaratory
relief)
"Claim'
d
the information
include disputes about the validity, enforceability, coverage or scope of th
Your Billing Rights: Keep This Document For Future Use
tration Provision any part thereof (including, without limitation, the proh
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings private attorney general and/or
Credit
Billing
Act
party proceedings describe Paragraph C.7 (the "Class Action Waiver
What To Do If You Find A Mistake On Your Statement
last sentence Paragraph and/or this such disputes
If you think there error on your statement. write to us at: Comenity Capital
a court and not an arbitrato to decide. However, any dispute or argume
Bank, PO Box 182620, Columbus Ohio 43218-2620
the validity or enforceability of the Agreement as whole is
In your letter, give us the following information:
arbitrator, not court to decide.
Account information Your name and account number.
4. Starting an Arbitration: Arbitration may be elected by any party with
Dollar amount: The dollar amount of the suspected error.
to any Claim, even that party has already initiated lawsuit with respe
Description of problem: you think there an error on your bill, describe
different
Claim.
Arbitration
started
by
giving
written
demand
for
arb
what you believe is wrong and why you believe it is mistake.
to the other party. We will not demand arbitrate an individual Claim
You
must
contact
bring
us
claims
court
or
your
state's
equivalent
court,
Within 60 days after the error appeared on your statement
if that Claim transferred. removed or appealed to different court,
At least 3 business days before an automated payment is scheduled, if
you
have
the
right
to
demand
arbitration.
want to stop payment on the amount you think is wrong.
5. Choosing the Administrator: "Administrator" means the American Arb
You
notify
us
of
any
potential
errors
writing.
You
may
call
us,
but
if
you
Association "AAA" '), 1633 Broadway, 10th Floor, New York, NY 10019
do are not required to investigate any potential errors and you may have to pay
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018
the
question
jamsadr
.com;
or
any
other
company
selected
by
mutual
of
What Will Happen After We Receive Your Letter
ties. If both AAA and JAMS cannot or will not serve and the parties are
receive letter, must do two things:
to
select
an
by
mutual
consent
the
Administrator
will
1. Within 30 days of receiving your letter, must tell you that received
your
by
court.
The
arbitrator
will
be
appointed
by
the
Administrator
letter. also tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be
2.
Within
90
days
receiving
your
letter,
we
must
either
correct
the
error
or
former
judge
or
lawyer
with
at
least
10
years
of
experience.
You
get
explain to you why we believe the bill correct.
Administrator if you give written notice of your selection with your noti
While we investigate whether not there has been an error:
electing
to
arbitrate
any
Claim
or
within
20
days
after
give
you
We cannot try to collect the amount in question, or report you as delinquent
that we are electing to arbitrate any Claim (or, if you dispute our right to
on
that
amount
arbitration
of
the
Claim,
within
20
days
after
that
dispute
finally
The charge in question may remain on your statement, and we may continue
If you do not select the Administrator on time. we may do it. Notwiths
to
charge
you
interest
on
that
amount
any
language
in
this
Arbitration
Provision
to
the
contrary
no
arbitration
While you do not have to pay the amount in question, you are responsible for
administered without the consent of all partie to the arbitration, by any
the remainder of your balance
istrator that has place formal or informal policy that is inconsistent
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 we made mistake. You have pay the amount in question or any
OR ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIG
other
fees
related
to
that
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.
If
not
believe
there
mistakes
You
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED
question, along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOUL
ment
of
the
amount
you
and
the
date
payment
is
due.
We
may
then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATI
report you as delinquent if you not pay the amount we think you owe
7.
Prohibition
Against
Certain
edings:
IF
YOU
OR
WE
ELECT
TO
If
you
receive
our
explanation
but
still
believe
your
bill
wrong
you
must
write
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN
A
to us within 10 days telling us that you still refuse to pay. you cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION. EITHER AS A
report
you
as
delinquent
without
also
reporting
that
you
are
questioning
your
bill.
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE M
We must tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATIC
and must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR cor
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON
we do not follow all of the rules above. you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO con
the question even your bill correct
CLASS WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITR
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If you are dissatisfied with the goods or services that you have purchased with
8. Location and Costs of Arbitration: Any arbitration hearing that you
your
credit
card.
and
you
have
tried
in
good
faith
to
the
problem
with
the
must
take
place
location
reasonably
convenient
to
you.
We
will
pay
merchant, you may have the right not to pay the remaining amount due on the
all fees of the Administrator and/or the arbitrator applicable law requ
purchase.
to,
if
you
prevail
in
the
arbitration
or
we
must
bear
such
fees
order
To
use
this
right,
all
of
the
following
must
be
true:
Arbitration Provision to be enforced If you demand an
1. The purchase must have been made in your home state or within 100 miles
your and experts' fees you prevail we must bea
of your current mailing address, and the purchase price must have been more
fees order for this Arbitration Provision to be enforced. Also, will be
than $50. (Note: Neither of these are necessary if your purchase based on
fees
applicable
law
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
goods services.
governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the 'FAA'
2.
You
must
have
used
your
credit
card
for
the
purchase
Purchases
made
with
not by any state arbitration law. The arbitrator must apply applicable subs
cash advances from an ATM or with check that accesses your credit card ac-
consistent with the FAA and applicable statutes of limitations and
count
do
not
qualify.
privilege
recognized
at
law.
The
arbitrator
may
award
any
remedy
provided
3. You must not yet have fully paid for the purchase
substantive law that would apply the action were pending in court (inc
If all the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages, which shall be governed by the Co
contact
us
writing
at
tional standards employed by the courts). At the timely request of either
Comenity Capital Bank
the
arb
trator
provide
brief
written
explanation
of
the
basis
for
the
PO Box 182620, Columbus, Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights obtain dis
While we investigate, the same rules apply the disputed amount as discussed
pursuant to the arbitration rules of the Administrator. either party may
above After we finish our investigation, we will tell you our At that
a written request to the arbitrator to expand the scope of discovery
point, we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules the Admir histrator. The arbitrator sha
linquent.
to
grant
or
deny
that
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the arbi
award may be by any having jurisdiction. The
Credit insurance (as applicable)
is
final
and
binding,
except
for
any
right
appeal
provided
by
the
FAA.
Ho
Purchasing credit insurance is optional. If you do choose to carry credit
the
amount
of
the
Claim
exceeds
$50
000
or
involves
request
for
inj
coverage,
the
will
be
added
to
your
Account
as
purchase
on
or declaratory relief could foreseeably involve cost or benefit
the last day of each billing period. You can cancel your coverage at any time.
exceeding
50,000,
any
party
can.
within
30
days
after
the
entry
of
the
Account Assure Debt cancellation (as applicable)
by the arbitrator, appeal the award to three- arbitrator panel administered
Purchasing Account Assure is optional.
Administrator.
The
panel
shall
reconsider
anew
any
aspect
of
the
initial
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel be by
plication for credit or the terms of any existing credit agreement you have
vote.
Reference
in
this
Arbitration
Provision
to
"the
me
with
us.
panel an appeal of the arbitrator's decision has been taken. The costs
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
appeal will be borne accordance with Paragraph C.8. above.
balance on your Account each month and will be added to your Statement
12. Rules of Interpretation: This Arbitration Provision shall survive
the
We'll provide additional information before you're required to pay for Ac-
ment
of
all
amounts
owed
under
this
Agreement
the
closing
of
the
Accou
count Assure This will include copy of the terms and conditions pertain-
legal proceeding and any bankruptcy to the extent consistent with app
ing
to
Account
Assure
bankruptcy
law.
In
the
event
of
conflict
inconsistency
between
this
You can cancel your Account Assure at any time.
tion Provision, on the one hand. and the applicable arbitration rules th
There eligibility requirements. nditions, and exclusions that could pre-
provisions
of
this
Agreement,
on
the
other
hand,
this
Arbitration
vent you from receiving benefits under Account Assure
govern. This Arbitration Prior Arbitration
Be sure carefully read the Addendum for a full explanation of the terms
13. Severability: any portion of this Arbitration Provision, other than the
of
Account
Assure
Action
Waiver,
deemed
invalid
or
unenforceable.
the
remaining
portion
H. Communicating with us
nevert heless remain in force. a determination is made that the Class
Communicating to you about your Account
Waiver is unenforcea only this sentence of the Arbitration Agreement
If we need to contact you to service your Account or to collect amounts you owe
main in force and the remaining provisions shall be null and void, provide
the
determination
concerning
the
Class
Action
Waiver
shall
be
subject
to us, you give direct well agents, contractors and
14. Special Payment: If (1) you submit Claim Notice in
collectors your Account. to communicate with you in any way, such as calling,
Paragraph
B
above
on
own
behalf
(and
not
on
behalf
of
electronic
any
other
texting,
or
via:
(2) we refuse provide you with the relief you request; and arb
1)
cell landline or text number you provide, use to contact us, or at which
subsequently
determines
that
you
were
entitled
such
relief
(or
greater
we believe can reach you (even it is not yours),
2)
the arbitrator shall award you at least $5,100 (plus any fees and costs to
any electronic mail address you provide to us or one of our merchants,
you are entitled)
automated dialer systems and automatic telephone dialing systems.
4)
-recorded or artificial voice messages and other forms of communica-
comenity
Comenity Capital Bank, Salt Lake City, UT
tions
You also agree that these communications aren't unsolicited for purposes of any
395871001
state federal law. and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
itored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(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