Your Dwolla Credit account agreement.
DWOLCCA0414
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about using and managing your account, including a Privacy
you notice the loss theft of your credit card or a possible unauthorized use
of your card, you should write to us immediately at PO Box 183003, Columbus,
Statement and information concerning your billing rights. Your
Ohio 43218-3003 call us at 1-877-497-9363 (TDD/TTY: -888-819-1918)
use
of
the
account,
or
failure
to
close
the
account
within
the
You will not be liable for any unauthorized use that occurs after you notify us. You
30 days of receiving this document, indicates your acceptance
may, however, be liable for unauthorized use that occurs before your notice to us.
of the terms of this agreement, including the assessment of any
In any case, your liability will not exceed $50.
interest charges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of dispute.
Your Account may consist of non- -promotional ("Regular Revolving" Credit
.
You have a right to reject this Arbitration Provision.
Plan and one or more promotional Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their particular features (including but not limited to minimum purchase re-
of this Agreement and will:
quirements and minimum payment) may vary occasionally our discretion
and include one more Regular Revolving promotional Credit Plans.
o Eliminate your right to a trial by jury; and
We may offer different promotional Credit Plans from time to time.
o
Substantially affect your rights, including your right to
promotional Credit Plan offered at the time you open your Account,
bring, join in or participate in class proceedings.
this Agreement will include information about the terms for the Plan. by use
Please read each section carefully and keep this document for
of an insert, attachment, or other written information provided as part of this
your records
Agreement.
Normal late fees. returned payment fees and all other provisions apply to
In the following sections, you will find information on:
any promotional Credit Plan, unless inconsistent with particular Credit
Financial terms of your account: An at-a -glance summary of the fees and charges
Plan offering.
associated with your account
If the promotional Credit Plan purchase isn't paid in full before the promo-
A. Getting started the basics of your account
tional period ends, the balance will be transferred to your Regular Revolving
B. Keeping your account in good standing: avoiding default, and what to do if
balance.
your
card
lost
stolen,
applicable
Promotional Credit Plans may include:
C. Learning more about your account: credit plans, and credit limits, and how
0 Waive Interest, Payment Required o Defer Interest, Payment Required
payments
are
and
applied
0 Waive Interest, Equal Payment
o Defer Interest Low Payment
D. Interest, fees and charges: when and how fees and costs are applied to your
o Waive Interest Low Payment
o Low APR, Equal Payment
account
o Defer Interest, Equal Payment
o Budget Payment
E.
Other important information: legal rights, costs, and how we'll handle
Skip-payment option
changes your account
At our we may allow you to skip making the Minimum Payment
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Charges will be assessed during the skip-payment period, late
and receive from, reporting agencies, and what to do you think
fee won't be imposed. This will not be considered a waiver of any of the
there
error
on
rights
your
periodic
statement
granted
by
this
Agreement
G. Optional products: how protect your account from fraud or theft, and
All other terms of your Account apply during the skip-payment period.
services that can help pay your debt case of emergencies
Credit limit
H.
Communicating with us: what happens when you contact us
Your Credit Limit is the total maximum amount we permit you to owe us at
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
any time.
a
jury
trial
waiver
and
Arbitration
provision
You may not exceed any Credit Limit that set for your Account.
Privacy statement: how we collect. use. share, and protect your personal informa-
If you do exceed your Credit Limit. we can still charge you for all transac-
tion: and the privacy choice make.
tions, interest and other charges without giving up any of our rights under
this Agreement.
Financial terms of your account
We may change your Credit Limit at any time.
Account cancellation
Interest Rates and Interest Charges
You may cancel your Account. You'r still obligated to pay the full amount
Annual Percentage
24.99%
you
owe
We may cancel your Account at any time. for any reason.
Rate (APR) for
This APR will vary with the market based
We may refuse to authorize any purchase on your Account. We may also
Purchases
on the Prime Rate.
suspend your Account and your right to use your Card, including each Card
you give to others.
Your due date is at least 25 days after
We may stop offering any Credit Plan at any time, for any reason.
How to Avoid
the close of each billing cycle. We will
Cancellation or suspension of your Account doesn't negate your obligation to
Paying Interest
not charge you interest on purchases if
pay any amount you owe us.
you pay your entire balance by the due
Cancel lation of your Account includes each Card you give to others.
Minimum Payment
date each month.
You can pay all of your Account balance at any time without
Minimum Interest
If you are charged interest, the charge
penalty.
Charge
will be no less than $2.00 per credit
You must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown on your Statement.
plan
The Minimum Payment the total minimum payments for the Regu-
For Credit
To learn more about factors to consider
lar Revolving promotional Credit Plans plus any Past Due amounts
Card Tips from
when applying for or using a credit
The Total Minimum Payment won't be less than $25.00. If your Account
the Consumer
balance than $25.00, you must pay the amount indicated on your
card, visit the website of the Consumer
Statement full.
Financial
Financial Protection Bureau at http://
The minimum payment for each Credit Plan is calculated as follows:
Protection Bureau
www.consumerfinance.gov/learnmore
o
The minimum payments for Regular Revolving Credit Plans, Waive In
terest, Payment Required and Defer Interest, Payment Required Credit
Fees
Plans will be the greater of:
(a) $5.00;
Annual Fee
None
(b) 5% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
Penalty Fees
o
The minimum payment for the Waive Interest, Equal Payment and De
Late Payment
Up to $35.00
fer Interest, Equal Payment Credit Plans be the amount of the pur-
Returned Payment
Up to $35.00
chase divided by the number months between the date of the pur-
chase and the promotional period end date (minimum $5.00) rounded
How We Will Calculate Your Balance: We use a method called
to
the
nearest
"daily balance. See your Account agreement for more details.
The minimum payment for the Low APR. Equal Payment Credit Plan
will be the amount of the purchase including the calculated interest
Billing Rights: Information on your rights to dispute transactions
charges that will be assessed from the date of purchase through the
and how to exercise those rights is provided in your account
end of the promotional period divided by the number of months be-
agreement.
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up to the nearest $1.00.
0
Rate Information: The following chart provides details on your rate as of March 1,
The minimum payment for the Waive Interest, Low Payment and Defer
2014. We divide the APR by 365 to determine the daily periodic rate.
Interest, Low Payment Credit Plans will be the greater of:
(a) $5.00
Add to Index
APR
Daily Periodic Rate
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
Purchase APR
21.74%
24.99%
0.06846%
Payment application
We reserve the right to apply payments equal to or less than the Total Mini-
We'll charge you minimum interest charge of $2.00 per credit plan for any
billing period in which interest is due. For additional information, see Rates in
mum Payment however see fit, which may result in balance subject to
Section
lower interest rates being paid prior to other balances. This may also result
in
higher
interest
Minimum Payment:
charges.
The amount you must pay each billing period "Total Minimum Payment' is the
Any payment you make in excess of the required Total Minimum Payment
will be allocated to your Account as required by applicable law.
total
of
minimum
payments
for
Regular
Revolving
and
promotional
Credit
Plan
purchases plus any Past Due amounts. The Total Minimum Payment won't be
Excess payments receive before deferred interest promotion expires are
less
than
If
applied to the defe erred interest promotional balance first in the last two bill-
$25.00
your
Account
balance
is
than
$25.00,
you
must
pay
the
ing periods of the promotional period.
amount indicated on your billing statement ("Statement" in full. The minimum
payment due for each Regular Revolving Credit Plan will be the greater of:
D. Interest, fees and charges
(a) $5.00: or
Interest charges
(b) 5% of the New Balance shown on your Statement for that
If you make a purchase under a Regular Revolving Credit Plan. interest
Credit Plan (rounded up to the nearest $1.00)
charges won't be imposed any billing period in which (i) no Previous Bal-
See Minimum Payment in Section C below for promotional credit plan minimum
ance exists or (ii) payments received and credits issued by the Payment Due
payment
calculations
Date. equal or exceed the Previous Balance
The APR information described below is accurate of March 2014. Due to
If the New Balance shown on your last Statement isn't paid in full by the
change in the index. this information may have To find out more. call
Payment Due Date shown on your last Statement there wil be an interest
us at 1-877-497-9363 (TDD/TTY 1 -888-819-1918), or write us at Comenity
charge on each purchase from the of purchase
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
If you make purchase under any Waive Interest Credit Plan, we won't
at comenity.net/dwolla.
charge interest on the purchase you pay the total purchas amount be-
A. Getting Started
fore the end of the motional period. don't pay the total purchase
Definitions
amour before the end of the promotional period, we'll remaining
In this Agreement, "We," 'Us' and "Our" mean Comenity Capital Bank. "You"
to Regular balance. We also begin charging inter-
est the from the first after the promotional period ends.
and "Your' mean each person who submits an application or solicitation for an
Account
you make purchase under any Defer Interest Promotional Credit Plan
with
us
'Account'
means
your
credit
account
with
us.
"Card"
means
each credit card we issue for your Account, as applicable. 'Credit Plan" means
and don't pay the total amount before the end of the promotional period,
the purchase amount and the amount of accrued inter-
one or more payment program options Dwolla may ask us to offer from time to
est to your Regular Revolving balance.
time
Upholding your Agreement
you make purchase under Low APR. Equal Payment Credit Plan,
interest be assessed from the date of purchase through the end of the
You agree to the terms of this Agreement and promise to do everything
promotiona
period.
required
of
you
If
you
sign
or
submit
an
application
obtain
How calculate Interest Charges on your Account
credit from us, you'll be legally bound by this Agreement You're legally
We calculate interest separately for each Credit Plan, using 'Daily Balance" to
bound you sign charge slip or permit someone else to use the credit
determine interest charges for each billing period. Our calculation method is as
provided
fol llows:
You agree that the credit extended under your Account will be used only for
personal, family or household purposes and not for business or commercial
We start with the beginning balance on your Account each day (including
unpaid interest charges and fees).
purpose.
Account is joint Account, you and the joint Account holder will be
We subtract any payments credit adjustments (treating any net credit
balance zero balance) and add new transactions debit adjustments
bound by this Agreement. Each of you will jointly and individually respon-
sible for repaying all amounts due If more than one person is responsible
posted as of that day. This gives us the 'Partial Daily Balance' for the day.
We then multiply the Partia Daily Balance for the day by the Daily Periodic
for this Account. we will only provide billing statements and communica-
tions
one
Rate This gives us the "Daily Interest Charge" for the day, which we add to
you.
the
day's
Partial
Daily
Balance
Any authorized user of your Account will be bound by the terms of this
Agreement. One additional Card may be issued with the individual name
We've now determined the 'Daily Balance. which will be the beginning
authorized user embossed on the Card. you want to revoke the use of
balance for the following day. This results in daily compounding of interest
charges
your Account by an authorized user. either write us at the address, or call us
at the phone number, shown on your Statement.
At the end of each billing period, we add together each Credit Plan's Daily
Interest Charge, which gives us the total interest charge
You agree to pay for all transactions made on your Account by an authorized
Your Statement will show Balance Subject to Interest Rate, which is the
user, whether or not such transactions were authorized by you or made for
your benefit.
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
Card signature (as applicable)
Rates
For your own protection, please sign your Card before using it. Keep in mind that
The Index in effect for each billing period will be the highest "Prime Rate"
your signature on the Card isn' a prerequisite to your obligation to pay amounts
incurred on your Account.
of interest as published the "Money Rates' The Wall Street
Using
your
Account
Journal for the calendar month preceding the month which the billing pe-
riod begins, rounded upward necessary to the nearest .001% ("Index"
Your Account may be used to make purchases through Dwolla and from
Any variable APR may increase if the Index creases.
other retailers may determine occasionally by notifying you via electronic
An increase or the APR will result corresponding increase
mail, statement message, website posting, or other method
or decrease in the amount of interest and may increase the Total Minimum
We reserve the right to not honor transaction related to. including, but not
Payment.
limited to, gambling, ATM usage at casinos, and illegal activities.
Other fees and charges
Making payments
You agree to pay the following fees and charges:
Pay your Account by sending check, money order, or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
Late Fee: don't pay at least the Minimum Payment Due by the Pay-
ment Due Date. will charge you late fee.
specified
for
payments.
Please
don'
send
cash
o
Be sure to include your payment stub, do not staple your payment to the
The fee $25.0 you were not charged late fee during any of the
prior six billing periods.
stub. use the envelope provided with your Statement and don't send any
o
Otherwise, the $35.00.
with
your
payment
o
This fee will never exceed the minimum payment due that was due
If your payment doesn meet these requirements, it may not be credited to
immediately prior to the date on which the fee was assessed.
your Account for up five days, or may be rejected
Returned Payment Fee We may charge you fee for each payment that your
All written disputed amounts, including
any
bank doesn' honor for any reason
check or other payment instr marked with 'payment in full' similar
0 The fee is $25.00 you were not charged a returned payment fee dur-
language, must sent 6550 North Loop 1604 East, Suite 101, San
ing any of the prior six billing periods.
Antonio,
Texas
78247-5004.
o
Otherwise, the fee is $35.00.
o We may accept payment sent to any other address without losing any
o
This fee will never exceed the minimum payment due that was due
rights
immediately prior to the date on which the fee was assessed.
o
No payment shall operate as an accord and satisfaction without our
Although we may decide to do so, we aren't required to attempt to collect a
prior written approval
payment
more
than
once
B. Keeping your account in good standing
Document Fees: we provide you with copy of any Statement sales draft
Avoiding default
or similar document at your request (except connection with billing error
You'll be in default under this Agreement if you:
inquiries or resolution), we may charge the Account the following fee(s),
Fail to make any payment when due
subject to any limitations applicable law:
Violate any provision of this Agreement
o
Statement copy $6.00
Pass
away
Sales/Credit Draft copy $6.00
Become the subject of bankruptcy or insolvency proceedings
Check/Money Order copy $6.00
Supply us with misleading, false, complete or incorrect information
Alternative Payment Method Fee: We may offer alternative payment meth-
Are unable unwilling perform the terms conditions of this Agreement
ods that allow you make individual, expedited payments to your Account
Fail to supply with any informa deem necessary
over the phone. you choose to use this payment method we may assess
Default under any other loan or agreement you have with us or any of our
the current fee we charge for this service, subject to any limitations of ap-
affiliates
plicable law. Currently that fee up to $15.00 but may change. We'll let
Become incompetent
you know the current fee before you authorize any payment(s), and you can
Exceed your Credit Limit
withdraw your request if you don't want to pay the fee.
Issue payment returned unpaid by your bank for any reason
E. Other important information
we consider your Account in default. may suspend your ability to make
Collection costs
charges,
close
your
Account.
require
you
to
pay
the
full
amount
you
owe
im-
mediately or take any other action permitted by law. applicable law requires
To the extent not prohibited by applicable law. you agree to pay the reasonable
costs for collecting amounts due. including reasonable attorney's fees and court
us so. we'l tell you in advance and/or give you the opportunity to remedy
costs incurred by us or another person or entity.
your default.
Changes
I. Arbitration and jury trial waiver
We may add, change, or delete the terms of your Account If required by appli-
cable law. we will give you advance written notice of the change(s) and a right to
A. Jury trial waiver
reject
the
change(s)
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE
Security Interest
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT
You
grant
us
security
interest
in
all
goods
you
purchase
through
the
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL
use
of
the
N
Account,
now
or
at
any
time
in
the
future
and
accessi
to
and
proceeds
ARBITRATION PROVISION BELOW (INCLUDING THE JURY
of
such goods. We waive any security interest we may have in your principal dwell
CONTAINED THEREIN). YOU AND WE EACH REPRESENT TH
ing,to the extent that would otherwise secure any obligation arising hereunder
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY
Changes
to
your
information
B. Notice and cure
You agree to notify us immediately of any changes to your name, mailing address,
Prior to bringing lawsuit or initiating an arbitration that ass
electronic mail address or telephone number(s).
ing out of or related to this Agreement (as further defined b
Governing Law
the party asserting the Claim (the shall give the
THIS
AGREEMENT
IS
GOVERNED
"Defendant"
written
notice
of
the
BY
UTAH
AND
APPL
ICABLE
Claim
(a
"Claim
FEDERAL
LAW.
Notice
)
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
opportunity not less than 30 days. resolve the Claim Any
MITTED OR BY APPLICABLE LAW.
shall
be
sent
writing
to
the
address
we
have
record
Transfer of Rights/Assignment
address you subsequently provide Any Claim Notice to
Your
rights
under
this
mail to Comenity Capital Bank. PO Box 182436 Columbus. o
Agreement
can't
be
transferred
by
you,
by
operation
of
law
or otherwise, but your obligations will be binding upon your estate or
any updated address subsequently provide). Any Claim
must
provide
representatives.
your
name,
We
address
and
Account
transfer
number
may
or
assign
your
Account
Any
and/or
this
Agreement
explain the nature of the Claim and the relief that
or any of our rights under this ement, to another person or entity at any time
submit
without
a
Claim
Notice
on
your
behalf
and
not
prior
on
notice
behalf
to
you
or
your
consent
No Waiver of Rights
No third party, other than lawyer you have personally retaine
Claim
Notice
on
your
behalf
The
Claimant
must
We can delay enforcing our rights under this Agreement without losing them
reasonably
CO
Severability
ing any information about the Claim that the other party reason
C. Arbitration provision
If provision of this Agreement is in conflict with applicable law, that provision
will be considered to be modified to conform with applicable law.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU
Notice to New Jersey Residents
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARA
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HA
All provisions of this agreement are valid, enforceable and applicable in New
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE AN
Jersey.
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE F
F. Disputes and Reporting to Consumer Reporting Agencies
1. Your Right to Reject: If you don't want this Arbitration P
Credit Reports
prior arbitration agreement between you and us ("Prior Arbitrat
You give us permission to investigate your credit record.
to apply, you may reject by mailing us written rejection notic
You agree that credit report may be requested in connection with the
name of each Cardholde and contains tatement that you (bo
processing of your credit application A report may also be requested
than one) reject the Arbitration Provision of this Agreement. Th
connection
with
credit
extension,
credit
limit
must be sent to us at Comenity Capital Bank. PO Box 182422
request,
Account
renewal
or
update, Account collection action, or dispute investigation Upon request
18-2422. rejection notice only effective if signed
we
will
tell
you
the
name
and
address
of
if more than one) and if we receive it within thirty (30) calend
any
consumer
reporting
agency
that
furnished
report
on
you.
You
consent
to
date we first provide you with credit card agreement or written
the
obtaining
of
such
reports
by
signing
or
otherwise
submitting
an
application
or
solicita
you right to reject this Arbitration Provision Your rejection
You understand that we may report negative information (such as, late pay-
Provision will not affect any other provision of this Agreement
obtain credit
ments, missed payments, or other defaults about your Account to consumer
report
ing
agencies.
2. Parties Subject to Arbitration: Solely as used in this Arb
(and
not
elsewhere
in
this
You
give
us
permission
to
information
Agreement)
the
terms
"we,"
provide
about
an
your
Account
to
con
sumer reporting and other creditors, as well as to the retailer whose
Comenity Capital Bank any parent, subsidiary or affiliate
employees.
officers
and
name appears on your Card.
directors
of
such
companies
(the
'Ba
Credit report disputes
(b) any other person or company that provides any services
you believe the Account information we reported to consumer reporting agen
this Agreement you assert Claim against such other person
same assert Claim against any Bank Party.
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
3.
Covered
Claims:
"Claim"
Box 182120, Columbus. Ohio 43218-2120.
means
any
claim,
dispute
or
con
Your written dispute must provide sufficient information to identify the Account
you and that any way arises from or relates to this Agreem
and specify why the information inaccurate
the issuance of any Card, any rewards program, any prior
Account Information: Your name and Account number
"Claim" includes disputes arising from actions omissions
any
Card
issued
to
Contact Information: Your address and telephone number
you,
including
the
advertising
related
or approval the Account "Claim" has the broades
Disputed Information: Identify the Account information disputed and ex-
includes
initial
claims,
counterclaims
plain
why
claims
and
third
you
believe
inaccurate
includes
disputes
based
upon
contract
tort.
consum
Supporting Documentation: available provide copy of the section of the
rights
intentional
torts.
statute.
lation,
ordinance
credit report showing the Account information you are disputing
equity
We
(including
any
claim
for
will
injunctive
or
investigate
the
disputed
declaratory
relief).
information
and
report
the
results
to
you
within
include
disputes
about
validity,
enforceability
30 days of receipt of the information needed for our investigation If we find that
coverage
tration
Provision
or
part
thereof
the
Account
any
information
(including,
without
limitatio
we
reported
is
inaccurate
we
will
promptl
provide
the
against class feedings, private attorney general proceeding
necessary correction to each consum reporting agency to which we reported
the information.
party proceedings described in Paragraph C (the "Class Act
Your Billing Rights: Keep This Document For Future Use
last sentence of Paragraph C 13 and/or this sentence); all
This notice tells you about your rights and our responsibilities under the Fair
court and not an arbitrator to decide However, any dispute
Credit
Billing
concerns the validity or enforceability of the Agreement as
Act.
arbitrator.
not
a court
to
decide.
What To Do You Find A Mistake On Your Statement
If think there error or your statement. write to us at Comenity
4. Starting an Arbitration: Arbitration may be elected by any
Capital
to
any
Claim.
even
that
party
has
already
initiated
lawsuit
Bank, PO Box 182620. Ohio 43218-2620
different Claim Arbitration started by giving written dema
In your letter, give us the following information:
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individu
Account information Your name and account number.
bring against us in small claims court or your state's equivalent
Dollar
amount
The
dollar
amount
of
the
suspected
error.
if that Claim transferred removed or appealed to differer
Description of problem: If you think there an error on your bill, describe
have
the
right
to
demand
arbitration.
what believe IS wrong and why you believe it is mistake
5. Choosing the Administrator: Administrator' means the Am
You
must contact
Within
60
Association "AAA") 1633 Broadway, 10th Floor, New York,
days
after
the
error
appeared
on
your
statement
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York,
At least days before an automated payment is scheduled, if you
jamsadr
com;
or
any
other
company
selected
by
mutual
agre
want
stop
payment
on
the
amount
you
think
wrong,
ties If both AAA and JAMS cannot or will not serve and the
You must notify us of any potential errors in writing You may call us, but if you
to
select
an
Administrator
by
mutual
consent
the
Administrato
not required to investigate any potential errors and you may have to pay
by
court
The
arbitrator
will
be
the
appointed
by
the
amount
Administrat
question
with
the
rules
of
the
Administrator
However
the
arbitrator
mu
What Will Happen After We Receive Your Letter
former
judge
lawyer
with
at
10
years
experience
You
When receive your letter we must do two things
Administrator
you
give
of
selection
1
Within
30
days
of
receiving
with
your
letter.
we
must
tell
you
that
we
received
your
you are electing arbitrate any Claim within 20 days after
letter. We also tell you if we have already corrected the error.
that
are
arbitrate
Claim
(or
if
2.
you
dispute
Within
90
days
of
ou
receiving
your
letter.
must
either
correct
the
error
or
of the Claim within 20 days after that dispute is
explain
we
believe
the
bill
correct
While
you do not select the Administrator on time, we may do
we
investigate
whether
or
not
there
has
beer
an
error:
any language in this Arbitration Provision to the contrary no
We cannot try to collect the amount in question, or report you as delinquent
dministered
without
the
consent
of
all
parties
to
the
arbitrat
on
that
amount
istrator that has place formal or informal policy that is inco
The charge question may remain on your statement and we may continue
Class
Action
Waiver
to
charge
you
interest
on
that
amount
6. Court and Jury Trials Prohibited: Other Limitations Lega
While you do not have to pay the amount in question. you are respons ible for
OR ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE
the
your
balance
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE TH
We can apply any unpaid amount against your credit limit
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE
After we finish our investigation, one of two things will happen
ARBITRATION THAN A LAWSUIT. OTHER RIGHTS THAT YO
If
made
mistake:
You
will
not
have
pay
the
amount
in
question
or
any
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN A
interest or other fees related to that amount
7. Prohibition Against Certain Proceedings: IF YOU OR WE I
If
not
believe
there
was
mistakes
You
will
have
to
pay
the
amount
in
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIP/
question, along with applicable interest and fees. We will send you state-
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITH
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
TIFF, DEFENDANT OR CLASS MEMBER (2) NEITHER YOU N
report you as delinquent you not pay the amount we think you owe
AS PRIVATE ATTORNEY GENERAL IN COURT OR IN AR
If
you
receive
our
explanation
but
still
believe
your
bill
is
wrong
you
must
write
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINE
to within 10 days telling that you still refuse to If you do so. cannot
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHE
report
you
without
also
reporting
that
are
questioning
your
bill
(4) ARBITRATOR SHALL HAVE NO POWER OR AUTHORI
We must tell you the name of anyone to whom we reported you as elinquent,
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERA
must let those organizations know when the matter has been settled
OR MULTIPLE-PARTY ARBITRATION
8. Location and Costs of Arbitration: Any arbitration hearing
we do not follow all of the rules above. you do not have to pay the first $50 of
must
take
place
at
the
reasonably
convenient
to
question
you.
We
your
bill
all fees of the histrator and/or the arbitrator if applicable
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
to
you
prevail
the
rbitration
or
if
we
must
bear
such
If
are
fees
you
dissatisfied
with
the
goods
or
that
you
have
purchased
with
bitration
to
be
enforced
If
you
demand
credit
arbitra
your
card.
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
attorneys and experts fees if you prevail
merchant you may have the right not to pay the remaining amount due on the
purchase.
fees in order for this Arbitration Provision to be enforced. Also,
fees
applicable
law
requires
To
us
use
this
right,
all
of
the
following
must
be
true:
9.
Governing
Law:
This
Arbitration
Provision
involves
1. The purchase must have been made in your home state or within 100 miles
interstat
is governed by the Federal Arbitration Act. 9 U.S.C. §§
of your current mailing and the purchase price must have been
not
by
any
state
arbitration
law
The
arbitrato
must
than $50. (Note: Neither of these are necessary if your purchase was based on
apply
applic
law consistent with the FAA and applicable statutes of limitatio
advertisement
we
mailed
to
you,
or
if
we
own
the
company
that
sold
you
the
privilege
recognized
at
law.
The
arbitrator
may
award
any
services.)
substantive law that would apply the action were pending in
2. You must have used your credit card for the purchase. Purchases made with
without limitation. punitive damages. which shall be governed
cash advances from an ATM or with a check that accesses your credit card ac-
tional standards employed by the courts). At the timely reques
count
not
qualify
the
arbitrator
provide
brief
written
explanation
of
3 You must not yet have fully paid for the purchase.
the
bas
If all of the criteria above are met and you are still dissatisfied with the purchase,
10. Right to Discovery: In addition to the parties' rights to
pursuant
to
the
arbitration
rules
of
the
Administrator.
either
contact us writing at:
p
Comenity Capital Bank
a written request to the arbitrator to expand the scope of
lowable under the arbitration rules the Administrator The arb
PO Box 182620, Columbus Ohio 43218-2620
discretion to grant deny that request
While
we
investigate
the
same
rules
apply
to
the
disputed
amount
as
discussed
11. Arbitration Result and Right of Appeal: Judgment
above After we finish our investigation. will tell you our decision. At that
award
may
be
entered
by
any
court
having
jurisdiction
The
art
point. we think you owe an amount and you do not pay, we may report you as
is
final
and
binding
except
for
any
right
of
appeal
delinquent.
provided
by
if
the
amount
of
the
Claim
$50,000
or
involves
requ
G. Optional products
or
declaratory
that
could
eably
involv
cost
or
bene
Credit insurance (as applicable)
exceeding
$50,000,
any
party
can.
within
30
days
after
the
Purchasing credit insurance optional If you do choose to carry credit insurance
by
the
arbitrator
appeal
the
award
to
three
arbitrator
panel
Administrator.
The
coverage,
the
panel
premium
charge
will
added
anew
be
to
aspect
of
your
Account
as
purchase
any
on
the last day of each billing period. You cancel your coverage at any time.
requested by the appeali party The decision of the panel sha
vote
this
Account Assure Debt cancellation (as applicable)
Arbitration
Provision
to
'the
arbitrator
.
Purchasing Account Assur is optional.
panel an appea of the arbitrator's decision has been taken
appeal
wil
borne
Your
decision
accordance
whether
with
or
not
to
purchase
Paragraph
C.8
abov
Account
Assure
won't
affect
your
application for credit or the terms of any existing credit agreement you have
12. Rules of Interpretation: This Arbitration Provision shall
ment
with
amounts
owed
us
under
this
Agreement
the
closing
of
The
monthly
legal proceeding and any bankruptcy to the extent consisten
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
bankruptcy
law.
In
the
event
of
conflict
or
balance on your Account month and will be added to your Statement.
inconsistency
We'll
provide
tion Provision on the one hand, and the applicable
information
before
you're
required
to
pay
for
Ac
provisions of this Agreement on the other hand. this Arbitratio
count Assure This will include copy of the terms and conditions pertain-
to
govern. This Arbitration Provision replaces any Prior Arbitration
ing
Assure
You can cancel your Account Assure at any time.
13. Severability: any portion of this Arbitration Provision oth
There
eligibility
Action Waiver, deemed invalid O unenforceable the remaini
are
requirements
conditions,
and
exclusions
that
could
pre-
vent you from receiving benefits under Accoun Assure
nevertheless remain force. determination is made that
Be sure to carefully read the Addendum for a full explanation of the terms
Waiver unenforceable, only this sentence of the Arbitration A
of Account Assure.
main force and the remaining provisions shall be null and vo
the determination concerning the Class Action Waiver shall be
H. Communicating with us
14. Special Payment: (1) you submit a Claim Notice in
Communicating to you about your Account
Paragraph above on your own behalf (and not on behalf of
If we need to you to service your Account or to collect amounts you owe
(2) we refuse to provide you with the relief you request: and
to us give direct consent to us, as well as servicers, agents, contractors and
subsequently
determines
that
you
entitled
to
such
relief
collectors your Account. to communicate with you in any way such as calling,
the arbitrator shall award you at least $5,100 (plus any fees an
texting,
or
electronic
you are entitled)
1)
cell. landline text number you provide, use to contact us or at which
we
believe
we
can
reach
you
(even
if
not
yours),
comenity
Comenity Capital Bank, Salt Lake City,
2)
any electronic mail address you provide to us one of our merchants,
3)
automated
dialer
systems
and
automatic
telephone
dialing
systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
You
also
agree
that
these
communications
aren't
unsolicited
for
purposes
of
any
state or federal law, and you understand that this may result in additional mobile,
text message, data charges.
Phone monitoring
To provide you with high -quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us
Please inform all authorized persons of this provision including anyone act-
ing on your behalf or making payments on this Account
For
Wisconsin
residents:
you
are
please
contact
us
immediately
upon
receipt
of
this
Agreement
at 1-877-497-9363 (TDD/TT) 1-888-819-191 and provide us with the name
and address of spouse. We are required to inform your spouse that we have
opened
credit
account
for
you.
For bankruptcy notifications:
All
bankruptcy
notices
and
related
correspondence
to
Comenity
Capital
Bank
should be sent to the following address: Comenity Capital Bank, Bankruptcy De-
partment, PO Box 183043, Columbus, Ohio 43218 3043.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method