IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR
206491022 (07/14)
ACCOUNT VIA TELEPHONE
Please see the enclosed Credit Card Account Agreement for the
o
We may accept payment sent to any other address without losing any
Terms and Conditions (Terms) of your new credit card account.
of our rights
No payment shall operate as an accord and satisfaction without our
Customers that opened their accounts via telephone will have up
prior written approval
to 25 days from the date of application to review these Terms and
B. Keeping your account in good standing
either accept or reject them. You do not have to take any action
Avoiding default
if you accept these Terms.
You'll be in default under this Agreement if you:
If you do not want to accept these Terms, you must contact the
Fail to make any payment when due
bank at 1-855-497-8167 (TDD/TTY 1-800-695-1788) within
Violate any provision of this Agreement
Pass
the 25 day period. Any purchases that may have posted to your
away
account will be removed and your account will be closed. You will
Become the subject of bankruptcy or insolvency proceedings
Supply us with misleading, false. incomplete or incorrect information
then be required to make arrangements with the merchant with
Are unable unwilling perform the terms conditions of this Agreement
an alternate means of paying for any purcahses you have made
Fail supply with any information we deem necessary
or the return of any purchase(s) you have made at no cost to you.
Default under any other loan or agreement you have with us or any of our
affiliates
This right to reject is only applicable to those customers that
Become incompetent
opened their accounts via telephone.
Exceed your Credit Limit
Issue payment returned unpaid by your bank for any reason
Your Haband VIP Credit Card account agreement
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 im-
This Agreement covers the Terms and Conditions of your account
mediately
or
take
any
other
action
permitted
by
law.
applicable
law
requires
with us. In this document, you will find important information
to do so, we' tell you in advance and/or give you the opportunity to remedy
about using and managing your account, including a Privacy
default
Statement and information concerning your billing rights. Your
Reporting a lost or stolen card (as applicable)
use of the account, or failure to close the account within the
If you notice the loss or theft of your credit card or possible unauthorized use
of your you write to immediately PO Box 183003 Columbus
30 days of receiving this document. indicates your acceptance
Ohio 43218-3003 call at 1-866-482-4479 (TDD/TT 1-888-819-1918).
of the terms of this agreement, including the assessment of any
You will not be liable for any unauthorized use that occurs after notify us. You
interest charges and fees.
may, however, be liable for unauthorized use that occurs before your notice to us
Section of this Agreement also includes a Jury Trial Waiver and
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
Your Account may consist of non-promotional "Regular Revolving' Credit
of this Agreement and will:
Plan and one or more promotional Credit Plans. Credit Plans offered and
0 Eliminate your right to a trial by jury; and
their features (including but not limited to purchase re-
o
Substantially affect your rights, including your right to
ements and payment may vary occasionally at our discretion
and include one more Regular Revolving or promotional Credit Plans.
bring, join in or participate in class proceedings.
We may offer different motional Credit Plans from time to time
Please read each section carefully and keep this document for
promotional Credit Plan offered at the time you open your Account
your records
this Agreement will include information about the terms for the Plan by use
In the following sections, you will find information on:
of insert, attachment, or other written information provided as part of this
Agreement.
Financial terms of your account: An at a-glance summary of the fees and charges
associated
with
your
Normal late fees, returned payment fees and all other provisions apply to
account
A. Getting started: the basics of your account
any promotional Credit Plan, unless inconsistent with particular Credit
Plan offering.
B.
Keeping your account in good standing avoiding default, and what to do if
your
lost
If the promotional Credit Plan purchase isn't paid in full before the promo-
card
applicable
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
balance
payments
calcu
lated
and
applied
Promotional Credit Plans may include:
D. Interest, fees and charges: when and how fees and costs are applied to your
o Waive Interest Payment Required o Defer Interest. Payment Required
o Waive Interest Equal Payment
E. Other important information: legal rights, costs, and how we'll handle
o Defer Interest. Low Payment
o
Waive Interest, Low Payment
changes
your
o Low APR. Equal Payment
F. Disputes and reporting to consumer reporting agencies: data we provide,
Defer Interest, Equal Payment
o Budget Payment
Skip-payment option
and receive from, consumer reporting agencies, and what to do if you think
there error on periodic statement
At our discret ion we may allow you to skip making the Minimum Payment
G. Optional products how protect your account from fraud or theft, and
Interest Charges will be assessed during the skip-payment period, but late
information services that can help pay your debt in case of emergencies
fee won't be imposed This will not be considered a waiver of any of the
H.
Communicating with us: what happens when you contact us
rights granted by this Agreement.
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
All other terms of your Account apply during the skip-payment period.
Credit
limit
jury trial waiver and Arbitration provision
Privacy statement how collect, use. share, and protect your personal informa-
Your Credit Limit is the total maximum amount we permit you to owe us at
tion; and the privacy choices you can make
any
time
You may not exceed any Credit Limit that we set for your Account
Financial terms of your account
you do exceed your Credit Limit, we can still charge you for all transac-
Interest Rates and Interest Charges
tions, interest and other charges without giving up any of our rights under
this Agreement
Annual Percentage
26.99%
We may change your Credit Limit at any time
Account cancellation
Rate (APR) for
This APR will vary with the market based
You may cancel your Account You're still obligated to pay the full amount
Purchases
on the Prime Rate.
you owe us.
We may cancel your Account at any time for any reason
We may refuse to authorize any purchase on your Account. We may also
Your due date is at least 25 days after
suspend your Account and your right to use your Card, including each Card
the close of each billing cycle. We will
you
give
to
others.
How to Avoid
Paying Interest
not charge you interest on purchases if
We may stop offering any Credit Plan at any time for any reason.
you pay your entire balance by the due
Cancellation suspension of your Account doesn't negate your obligation to
pay any amount you owe us
date each month.
Cancellation of your Account includes each Card you give to others.
Minimum Interest
If you are charged interest, the charge
Minimum Payment
Charge
will be no less than $2.00 per credit
You can pay all of your Account balance at any time without
plan
penalty.
You must pay at least the Total Minimum Payment for each billing period by
For Credit
To learn more about factors to consider
the Payment Due Date shown on your Statement.
Card Tips from
when applying for or using a credit
The Minimum Payment the total the minimum payments for the Regu-
the Consumer
card, visit the website of the Consumer
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Financial
The Total Minimum Payment won't be less than $20.00 If your Account
Financial Protection Bureau at http://
Protection Bureau
balance than $20.00, you must pay the amount indicated on your
www.consumerfinance.gov/learnmore
Statement full.
The minimum payment for each Credit Plan is calculated as follows:
Fees
0
The minimum payments for Regular Revolving Credit Plans, Waive
In-
terest Payment Required and Defer Interest, Payment Required Credit
Annual Fee
None
Plans will be the greater of:
(a) $5.00;
Penalty Fees
(b) (rounded to the nearest $1.00) of the New Balance shown
Late Payment
Up to $35
on your Statement for that Credit Plan
Returned Payment
Up to $35
o
The minimum payment for the Waive Interest. Equal Payment and De-
fer Interest, Equal Payment Credit Plans will be the amount of the pur-
How We Will Calculate Your Balance: We use a method called
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
up to the nearest $1.00.
Billing Rights: Information on your rights to dispute transactions
o
The minimum payment for the Low APR, Equal Payment Credit Plan
and how to exercise those rights is provided in your account
will be the amount of the purchase including the calculated interest
agreement.
charges that 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 July 1,
tween the date of the purchase and the promotional period end date
2014. We divide the APR by 365 to determine the daily periodic rate.
(minimum $5.00) rounded up to the nearest $1.00
o
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 or
Purchase APR
23.74%
26.99%
0.07394%
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
We'll charge you a minimum interest charge of $2.00 per credit plan for any
shown on your Statement for that Credit Plan.
Payment application
billing period in which interest is due. For additional information, see Rates in
Section
We reserve the right to apply payments equal to or less than the Total Mini-
Minimum Payment:
mum Payment howeve see which may result in balances subject to
The amount you must pay each billing period ("Total Minimum Payment" is the
lower interest rates being paid prior to other balances. This may also result
total minimum payments for Regular Revolving and promotional Credit Plan
higher
interes
charges
purchases plus any Past Due amounts. The Total Minimum Payment won't be
Any payment you make in excess of the required Total Minimum Payment
less than $20.00. If your Account balance is less than $20.00, you must pay the
will allocated to your Account as required applicable law
amount indicated on your billing statement "Statement" in full. The minimum
Excess payments received before deferred interest promotion expires are
payment due for each Regular Revolving Credit Plan will be the greater of:
applied the deferred interest promotional balance first in the last two bill-
(a) $5.00: or
ing periods of the promotional period.
(b) 5% of the New Balance shown on your Statement for that
D. Interest, fees and charges
Credit Plan (rounded to the nearest $1.00).
Interest charges
See
Minimum Payment in Section C below for promotional credit plan minimum
If you make purchase under a Regular Revolving Credit Plan interest
payment calculations.
charges won't be imposed any billing period in which (i) no Previous Bal
The APR information described below is accurate as of July 1 2014. Due to
exists (ii) paym received and credits issued by the Payment Due
change in the index, this informati on have To find out more, call
Date. equal exceed the Previous Balance.
us at 1-866-482-4479 (TDD/TTY 1 -888-819-1918). or write us at Comenity
If the New Balance shown your last Statement isn't paid in full by the
Capital Bank PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
Payment Due Date shown on your last Statement, there will be an interest
at comenity.net/haband.
charge each purchase from the date purchase
A. Getting Started
If you make purchase under any Waive Interest Credit Plan, we won't
Definitions
charge interest on the purchase you pay the total purchase amount
be-
In this Agreement "We," 'Us' and "Our mean Comenity Capital Bank. "You"
fore the end the promotional period. you don't pay the total purchase
and "Your" mean each person who submits an application or so icitation for an
amount before the end of the promotional period, we'll add the remaining
Account with us. "Account" means your credit card account with us. "Card"
amount your Regular Revolving balance. We'll also begin charging inter-
means each credit card we issue for your Account applicable "Credit Plan"
est on the purchase from the first day after the promotional period ends
means or more payment program options Haband may ask us to offer from
If you make purchase under any Defer Interest Promotional Credit Plan
time time.
and don't pay the total amount before the end of the promotional period,
Upholding your Agreement
we'll add the remaining purchase amount and the amount of accrued inter-
You agree to the terms of this Agreement, and promise to do everything
est to your Regular Revolving balance
required of you you sign or submit an application o solicitation obtain
If you make purchase under Low APR, Equal Payment Credit Plan,
credit from us. you'll legally bound by this Agreement. You're also legally
interest will be assessed from the date of purchase through the end of the
promotional
period.
bound you sign charge slip, or permit someone else to use the credit
provided
How we calculate Interest Charges on your Account
You agree that the credit extended under your Account will be used only for
We calculate interest separately for each Credit Plan, using a "Daily Balance' to
personal, family or household purposes and not for business or commercial
determine interest charges for each billing period Our calculation method is as
purpose.
follows:
If the Account is joint Account, you and the joint Account holder will be
We start with the beginning balance on your Account each day (including
bound by this Agreement. Each of you will be jointly and individually respon-
unpaid interest charges and fees)
sible for repaying all amounts due. If more than one person responsible
We subtract any payments credit adjustments (treating any net credit
for this Account, we will only provide billing statements and communica-
balance as zero balance) and add new transact and debit stments
tions one of you
posted as of that day This gives the "Partial Daily Balance' for the day.
Any authorized user of your Account will be bound by the terms of this
We then multiply the Partial Daily Balance for the day by the Daily Periodic
Agreement. One additional Card may be issued with the individual
Rate. This gives us the "Daily Interest Charge' for the day, which we add to
the
an authorized user embossed on the Card you want to revoke the use
day's
Partial
Daily
Balance
your Account by an authorized user, either write us at the address. or call us
We've now determined the "Daily Balance, which will be the beginning
at the phone number, shown on your Statement
balance for the following day. This results in daily compounding of interest
You agree to pay for all ions made on your Account by an authorized
charges
user whether or not such transactions were authorized by you or made for
At the end of each billing period we add together each Credit Plan's Daily
your benefit.
Interest Charge, which gives the total interest charge
Card signature (as applicable)
Your Statement wil show Balance Subject to Interest Rate which is the
For your own protection. please sign your Card before using it. Keep in mind that
sum of the Daily Balances for each day in the billing period divided by the
your signature on the Card isn' a prerequisite to your obligation to pay amounts
total number of days.
Rates
incurred on your Account.
Using your Account
The Index in effect for each billing period will be the highest Prime Rate'
Your Account may be used to make purchases from Haband and other re
of interest as published the "Money Rates" section The Wall Street
tailers we may deterr by notifying you via electronic mail,
Journal for the calendar month preceding the month which the billing pe
statement website posting, or other method
riod begins, rounded upward necessary to the nearest .001% ("Index").
We reserve the right to not honor related to, including, but not
Any variable APR may increase the Index increases
limited to. gambling, ATM usage at casinos, and illegal activities.
An increase or decrease the APR will result in corresponding increase
Making
payments
or decrease in the amount of interest and may increase the Total Minimum
Payment.
Pay your Account by sending check, money order. or cashier's check pay-
Other fees and charges
able in dollars to the name and address shown on your Statement
specified for payments. Please don't send cash.
You agree to pay the following fees and charges
Be sure to include your payment stub, do not staple your payment to the
Late Fee If you don't pay at least the Minimum Payment Due by the
Pay-
stub, use the envelope provided with your Statement and don't send any
ment Due Date will charge you late fee
0
correspondence
with
your
payment
The fee $25.00 you were not charged late fee during any of the
If your payment doesn't meet these requirements, it may not be credited to
prior six billing periods
o
your Account for up to five days or may be rejected
Otherwise. the fee $35.00
o
All written concerning disputed amounts, including any
This fee wil never exceed the minimum payment due that was due
check other payment instrument marked with "payment in full" similar
immediately prior to the date on which the fee was assessed
language, must sent 6550 North Loop 1604 East, Suite 101, San
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn't
honor
for
Antonio, Texas 78247-5004.
any
reason.
o The fee $25.00 you were not charged returned payment fee dur-
ing any of the prior six billing periods.
0
Otherwise, the fee $35.00
0
This fee will never exceed the minimum payment due that was due
You also agree that these communications aren't unsolici
immediately
prior
to
the
date
which
the
fee
was
Although
assessed
state federal law, and you understand that this may resu
text
we
may
decide
to
do
aren't
message,
data
so,
we
required
to
payment
attempt
charges
more
than
to
collect
once
a
Phone monitoring
Document
Fees
we
provide
you
with
copy
of
similar
any
Statement
or
sales
document
draft
To provide you with high quality service, phone com
at
your
request
(except
monitored
in
connectic
with
billing
and/or
recorded
subject
inquiries or resolution), we may charge the Account the following fee(s)
error
You agree that we monitor and/or record any phone
to
any
limitations
applicable
law:
o
Statement
copy
$6.00
Please inform all authorized cardholders of this provi
o
Sales/Credit Draft copy $6.00
acting on your behalf or making payments on this Ac
o
Check/Money Order copy $6. 00
For Wisconsin residents:
Alternative Payment Method Fee: We may offer alterna ive payment meth
If
you
are
married
us
immediately
ods
that
allow
you
expedited
over
the
payments
to
at 1-866-482-4479 (TDD/TT) -888 and pro
phone.
this
the
payment
method
we
may
and address of your spouse We are required to inform you
current
fee
we
charge
for
this
service
subject
to
any
limitations
opened
of
credit
account
ap-
for
you
plicable law. Currently that fee to $15.00 but may change. We' let
For bankruptcy notifications:
you know the current fee before any payment(s), and
you
can
All bankruptcy notices and related correspondence to
C
want
to
E. Other important information
pay
the
fee.
should be sent to the following address Comenity Cap
Department, PO Box 183043. Columbus. Ohio 43218-30
Collection costs
Arbitration and jury trial waiver
To
the
extent
not
prohibited
by
applicable
law.
you
agree
to
pay
the
reasonable
A. Jury trial waiver
costs for collecting amounts due including reasonable attorney's fees and
costs incurred by us or anothe person or entity.
court
TO THE EXTENT PERMITTED BY LAW. YOU AND WE W
Changes
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING
We
may
add,
change,
or
delete
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHA
the
terms
of
your
Account
If
required
by
appli-
ARBITRATION PROVISION BELOW (INCLUDING THE
reject
law the we give you advance written notice of the change(s) and right to
change(s)
CONTAINED THEREIN). YOU AND WE EACH REPRESEN
Security Interest
IS GIVEN KNOWINGLY. WILLINGLY AND VOLUNTARILY.
B. Notice and cure
You
grant us security interest in al goods you purchase through the of the
Account or at any time in the future and and proceeds
Prior lawsuit or initiating an arbitration that
such
goods waive any sec interest we may have in your principal dwell-
We
of
out of or related to this Agreement (as further define
the party asserting the Claim (the "Claimant"
Changes
ing to the extent that would otherwise secure any obligation arising hereunder
your
"Defendant") written notice of the Claim (a "Claim
give
to
information
You agree to notify mediately of any changes to your name, mailing address,
opportunity. not than 30 days to resolve the Claim A
shall be sent in writing to the address we have
electronic mail address or telephone number(s).
Governing Law
subsequently provide us). Any Claim Notice
mai Comenity Capital Bank. PO Box 182436, Columb
THIS AGREEMENT IS GOVERNED BY UTAH AND APPI ICABLE FEDERAL LAW
(or any updated address we subsequently provide). Any
THIS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO
provide your name address and Account number
MITTED OR REQUIRED BY APPLICABLE LAW.
A
TERM
PER
explain the nature of the Claim and the relief is dem
Transfer of Rights/Assignment
submit
a
Claim
Notice
on
your
own
behalf
and
bet
Your
rights
under
this
can't
be
transferred
otherwise,
but
by
you,
by
operation
of
your
law
No third party, other than lawyer you personally
obligations
will
be
binding
upon
your
estate
or
Claim Notice on your behalf The Claimant must reasonab
representatives. We may transfer assign your Account and/or this
ing any information about the Claim that the other party r
of our rights under this Agreement, to another person or entity at any time
Ag
C.Arbitration provision
prior
notice
to
you
or
your
consent
READ THIS ARBITRATION PROVISION CAREFULLY. IF
No Waiver of Rights
THIS ARBITRATION PROVISION IN ACCORDANCE WITH
We can delay enforcing our rights under this Agreement without losing them.
LOW. WILL BE PART OF THIS AGREEMENT AND WIL
Severability
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE
any provision of this Agreement is in conflict with applicable law. that provision
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN T
considered
to
be
modified
to
conform
with
Notice
to
applicable
law.
1. Your Right to Reject: If you don't want this Arbitra
New
Jersey
Residents
prior arbitration agreement between you and us ("Prior Arl
All provisions of this agreement are valid, enforceable and applicable in New
to apply, you may reject by mailing written rejectic
Jersey
name each Cardholder and contains statement that
F.
Disputes and Reporting to Consumer Reporting Agencies
than one) reject the Arbitration Provision of this
yo
Credit Reports
must be sent to us Comenity Capital Bank PO Box 182
43218-2422 rejection notice only effect
You give us permission to investigate your credit record
if more than one) and we receive within thirty (30)
You agree that credit report may be requeste
with
the
date we first provide you with credit card agreemen
processing
of
your
credit
application.
A
report
may
also
connection
be
with
credit
requested
in
you right to reject this Arbitration Provision Your reject
extension
request
update,
Account
renewal
or
Provision will not affect any other provision of this Agree
collection
or
dispute
obtain credit.
investigation
we
will tell
the
Upon
you
name
request
and
of
any
nsumer
furnished
reportir
2. Parties Subject to Arbitration: Solely as used in this
report
agency
that
on
You
to
the
not
elsewhere
obtaining
of
such
signing
otherwise
reports
this
by
Agreement)
the
submitting
solicitation.
Comenity Capital Bank. any parent. subsidiary affiliate
You
understand
that
we
may
report
negative
mation
(such
employees,
officers
late
and
as
directors
companies
(the
ments, missed payments or other defaults) about your Account to consumer
pay-
(b)
any
other
person
or
company
that
provides
reporting agencies.
this
Agreement
you
assert
Claim
against
such
other
You
give
per
us
permission
to
provide
information
about
your
Account
to
con
assert Claim against any Bank Party.
sumer reportir agencies and other creditors, as well as to the retailer whose
3.
Covered
Claims:
"Claim'
means
any
claim
name
dispute
appears
on
your
Card
you
any
way
from
relates
Credit report disputes
the
this
Ag
issuance
of
any
Card
any
rewards
program,
any
"Claim"
prior
you believe the we reported to consumer reporting agen-
disputes
arising
from
actions
or
omiss
you may submit direct dispute to Comenity Capital Bank, PO
any
Card
was
issued
you.
including
the
advertising
Box
182120
plumbus,
Ohio
43218-21
approval
of
the
Account
"Claim"
the
broades
Your
written
dispute
must
provide
sufficient
includes
information
to
initial
and specify why the information inaccurate
identify
the
Account
erclaims,
cross
includes
and
based
contract
tort
consumer
Account
Information:
Your
name
and
intentional
Account
torts
number
stitution.
statute.
regulation,
ordinar
Contact Information: address and telephone number
equity
any
claim
for
injunctive
or
declaratory
Disputed
Information
Identify
the
Account
information
plain
disputed
why
and
include disputes about the validity, enforceabili
believe
ex-
you
inaccurate
tration part thereof (including, without lim
Supportir
Documentation
If
available
provide
copy
of
the
section
of
the
against class proceedings, private attorney general
credit report showing the Account informatio you are disputing
party proceed described in Paragraph C (the "Class
We
will
estigate
the
disputed
information
last
and
sentence
report
the
results
aragraph
13
within
and/or
to
you
this
sentence)
30 days of receipt of the information needed for our investigation we find that
a court and not arbitrator to decide However, any dis
the
Account
information
reported
we
the
will
promptly
provide
the
validity
or
enforceability
of
the
arbitrator
Agreement
the necessary correction to each consumer reporting agency to which we reported
not
a court.
decide.
4.
Starting
an
Arbitration:
Arbitration
may
be
elected
by
Your Billing Rights: Keep This Document For Future Use
to any that party already initiated
This notice tells you about your rights and our responsibilities under the Fair
different
Claim.
Arbitration
started
by
giving
Credit Billing Act
to the other party. We will not demand arbitrate an ind
What To Do If You Find A Mistake On Your Statement
claims
court
your
state's
there
error
to
Bank,
PO
Box
at:
182620,
Comenity
if that Claim is transferred, removed or appealed to di
Capital
the
Columbus,
Ohio
right
43218-2620
demand
arbitration
In your letter, give the following information
5. Choosing the Administrator:
means
the
Account information Your name and account number
'AAA")
1633
Broadway,
10th
Floor,
New
Dollar amount: The dollar amount of suspected error
adr.org; JAMS, 620 Eighth Avenue. 34th Floor. New Yo
Description
problem:
think
there
any
other
you
an
error
company
bill,
selected
on
what believe wrong and why you believe is nistake
your
describe
by
mutual
ties both AAA and JAMS cannot or will not and
You
must
contact
to
select
an
Administrator
by
mutual
consent,
the
Adminis
Within 60 days after the error appeared on your statement
by court. The arbitrator will be appointed by the Admin
At least before an automated payment is scheduled, if
with
the
rules
of
the
Administrator.
However,
the
arbitrato
want
stop
payment
the
you
on
amount
you
think
former judge lawyer with least years of experienci
You
must
notify
wrong.
Admir
any
potential
istrator
errors
in
if
you
writing
You
give
written
notice
may
call
us.
but
your
selecti
if
do we not required to investiga any potential errors and you may have to pay
you
the
amount
that
are electing to arbitrate any Claim within 20 days at
we
electing
arbitrate
any
Claim
(or,
you
dispu
What Will Happen After We Receive Your Letter
arbitrat of the Claim within days after that dispu
receive letter, we must do two things
If
you
do
not
select
the
Administrator
on
time.
may
d
Within 30 days of receiving your letter. we must tell you that we
received
any language in this the contrary
letter.
We
also
tell
you
it
your
we
already
the
without the consent of all parties to the art
2.
Within
90
days
of
receiving
letter.
we
must
either
correct
istrator that has place formal or informal policy that is
explain
to
why
the
error
believe
or
Class
Action
the
bill
Waiver
While
we
investigate
whether
or
not
there
has
been
an
6. Court and Jury Trials Prohibited: Other Limitations on
We cannot try to collect the amount in question or report you as delinquent
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT
on
that
amount
PURSUE THAT CLAIM COURT OR HAVE A JURY DECID
The
charge
in
question
may
remain
on
your
statement,
YOUR ABILITY TO INFORMATION FROM US IS
to
and
charge
continue
you
interest
we
on
that
may
amount
ARBITRATION THAN IN LAWSUIT. OTHER RIGHTS TH
the
While do have to pay the amount in question, you are responsible for
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE
remainder
of
balance
7. Prohibition Against Certain Proceedings IF YOU OR
We
apply
any
unpaid
amount
against
your
credit
limit.
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PART
After
we
finish
our
investigation
of
two
things
will
happen
ACTION IN COURT OR IN CLASS WIDE ARBITRATION
we
made
mistake.
You
will
not
pay
the
amount
TIFF. DEFENDANT OR CLASS MEMBER (2) NEITHER YO
interest
in
or
other
question
fees
or
related
to
that
any
amount
AS A PRIVATE ATTORNEY GENERAL IN COURT OR
not
believe
was
mistake
You
will
have
to
the
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE
question.
pay
amount
along
with
in
and
fees.
We
ment
will
send
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY
you
of the amount you owe and the date payment is due. We may then
state-
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTH
report
you
do
not
pay
the
amount
If
we
think
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GEN
receive
you
10
our but still believe wrong, you must
OR MULTIPLE-PARTY ARBITRATION
within
days
telling
that
you
still
refuse
8. Location and Costs of Arbitration:
to
pay.
If
you
do
Any
arbitration
report also reporting that you are your bill
must
take
place
at
We
must
you
the
name
of
anyone
to
whom
we
reported
you
all fees of the Administrator and/or the arbitrator appli
as
and must let those organizations know when the matter has been settled
to.
you
prevail
the
arbitration
or
we
bear
between
Arbitration
Provisi
to
be
If
you
If
the not follow all of the rules above do not have to pay the first $50 of
we
do
your reasonable attorneys and experts fees you prevail
fees in order for this Arbitration to be enforced
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
fees
applicable
law
us
If
you
with
the
goods
or
services
that
9. Governing Law: This Arbitrat Provision involves
you
have
purchased
your card, and you have tried in good faith to correct the problem with the
is
governed
by
the
Federal
Arbitration
Act.
9
U.S.C.
§§
not
you may have the right not to pay the remaining amount due the
by
state
arb
itration
law.
The
arbitrato
must
apply
purchase.
consistent with the FAA and applicable statutes of lim
To
this right all of the following must be true:
privilege
at
law.
The
arbitrator
may
substantive
award
The purchase must have been made in home state or within 100 miles
law
that
any
would
apply
the
action
of
current
mailing
address.
and
the
purchase
price
must
have
without limitation punitive damages, which shall be gove
than $50. (Note: Neither of these are necessary your purchase based on
tional
standards
employed
by
the
courts)
At
the
advertisement
we
mailed
if
arbitrator
to
or
must
provide
you,
we
own
the
brief
written
company
that
explanation
goods
sold
the
10.
th
services.)
you
Right
to
Discovery:
In
addition
to
the
parties
pursuant
right
must
have
used
credit
to
card
for
the
your
the
rules
purchase
Purchases
of
the
Admi
made
with
eit
cash advances from an ATM or with check that accesses your credit ac-
a written to the arb itrator to expand the scope of
count
do not qualify
lowable
under
the
the
Administrator.
Th
must not vet have fully paid for the purchase
denv
that
contact
all of the criteria above are met and you are still dissatisfied with the purchase,
11. Arbitration Result and Right of Appeal: Judgment
us
writing
at:
award may entered court having jurisdiction. Th
Comenity Capital Bank
final
and
binding.
except
right
of
appeal
if
provided
PO Box 182620, Columbus. Ohio 43218-2620
the
the
Claim
exceeds
$50,000
involves
While
we
investigate
the
or
rule:
that
apply
could
to
the
disputed
amount
as
discussed
foreseeably
involve
or
above After our invest igation, tell our At
$50,000 any party can, within 30 days after
point,
we
think
that
you
owe
an
amount
and
you
do
not
delinquent
pay
we
by the arbitrator appeal the award to three pan
may
report
you
as
The panel anew any
G. Optiona products
by the appealing party The decision of the
Credit insurance (as applicable)
vote. in this Arbitration Provision to "the arbit
panel
appeal
of
the
arbitrator's
decision
has
Purchasing credit optional If you do choose to carry credit
will borne with Paragraph
coverage. the premium charge will be added to your Account purchase
the last day each billing period cancel your coverage at any time.
on
12. Rules of Interpretation: This Arbitration sh
owed under this Agreement. the
Account Assure Debt cancellation (as applicable)
legal proceeding and any bankruptcy to the extent
Purchasing Account Assure is optional
kruptcy law In the even conflict
Your
decision
whether
not
to
purchase
Account
Assure
won't
affect
tion Provision on the one hand and the applicable arbitra
application for credit or the terms of any existing credit agreement you have
of this Agreement on the other hand this Arbi
This
Provision
replaces
any
Prior
Arbit
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
Account
monthly
13 Severability: any portion of this Arb tration
balance
on
your
each
month
Action
be
added
Waiver,
to
your
Statement
deemed
invalid
or
unenforceable.
the
re
We' provide additional information before you're required to pay for Ac
nevertheless remain force. determination made
count
Assure.
This
will
include
copy
of
the
terms
and
conditions
Assure
pertain-
Waiver unenforceable. only this of the Arbitrat
ing
Account
main in force and the ning provisions be null a
You
car
cancel
your
Account
Assure
at
any
time
the the Class Action Waiver sha
There are eligibility requirements conditions. and exclusions
vent
that
you
could
pre-
14. Special Payment: (1) you submit Claim Notic
from
receiving
benefits
under
Account
Assure
Paragraph
above
on
your
own
behalf
(and
not
beha
Be sure to carefully read the Addendum for full explanation of the terms
(2) we refuse provide you with the relief request
of
Account
Assure
subsequently determines that you entitled re
H. Communicating with us
the arbitrator shall award you at least $5 ,100 (plus any fe
you are entitled)
Communicating to you about your Account
If
we
need
to
contact
you
to
service
your
Account
or
to
collect
to you give direct consent to us. as well agents, contractors and
amounts
owe
comenity
Comenity Capital Bank, Salt Lake Ci
your
Account,
to
communicate
with
in
texting,
you
electronic
any
way,
such
as
or
via:
calling
1)
cell
landline
or
text
number
you
provide
use
to
contact
us,
or
at
which
we believe we can reach you (even it is not yours).
2)
any
electronic
mail
address
you
provide
to
one
of
our
merchants,
4)
automated dialer systems and automat telephone dialing systems,
pre-recorded or artificial voice messages and other forms of communica
tions.
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