Your Grand Rental Station Credit Card account agreement.
344851015(03/14)
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 ful amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. applicable law requires
use of the account, or failure to close the account within the
so. we'll tell you in advance and/or give you the opportunity to remedy
your default
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
you notice the loss theft of your credit card or possible unauthorized use
interest charges and fees.
of your card. you should write to immediately at PC Box 183003 Columbus,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call at 1-855-786-8600 (TDD/TTY 1-888-819-1918)
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
You have a right to reject this Arbitration Provision.
may however, be liable for unauthorized use that occurs before your notice to us.
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
of this Agreement and will:
C. Learning more about your account
Credit Plans
O Eliminate your right to a trial by jury; and
o
Substantially affect your rights, including your right to
Your Account may consist of non-promotional ( 'Regular Revolving' Credit
Plan and one or more Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited minimum purchase
Please read each section carefully and keep this document for
guirements and minimum payment) may vary occasionally at our discretion
your records
and include one or more Regular Revolving promotional Credit Plans
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time time
Financial terms of your account: An at- glance summary of the fees and charges
promotiona Credit Plan offered at the time you open your Account,
with
your
account
this Agreement wil include information about the terms for the Plan. by use
A. Getting started: basics of your account
of insert, attachment, or other written information provided as part of this
Agreement
B. Keeping your account in good standing: avoiding default, and what to do if
card lost stolen, applicable
Normal late fees. returned payment fees and all other provisions apply to
C.
Learning more about your account: credit plans, and credit limits, and how
any promotional Credit Plan, unless inconsistent with particular Credit
Plan offering.
payments are calculated and applied
D. Interest, fees and charges: when and how fees and costs are applied to your
If the promotional Credit Plan purchase isn't paid in full before the promo-
account
tional period ends, the balance will be transferred to your Regular Revolving
balance.
E.
Other important information legal rights, costs, and how we'l handle
Promotional Credit Plans may include:
changes your account
F.
Disputes and reporting to consumer reporting agencies: data we provide,
o Waive Interest Payment Required o Defer Interest Payment Required
o Waive Interest Equal Payment
and receive from, reporting agencies, and what to do you think
o Defer Interest Low Payment
o Waive Interest Low Payment
there
an
error
on
your
periodic
Low APR. Equal Payment
statement
o Defer Interest, Equal Payment
o
G. Optional products: how protect your account from fraud or theft, and
Budget Payment
Skip-payment option
services that can help pay your debt case of emergencies
H. Communicating with us: what happens when you contact us
At our discretion we may allow you to skip making the Minimum Payment
I.
Arbitration and jury trial waiver: how we'l resolve disagreements including
Finance Charges will assesse during the skip-payment period late
jury trial waiver and Arbitration provision
fee won't imposed This will not be considered a waiver of any of the
rights
granted
by
this
Privacy statement: how we collect. use share, and protect your personal informa-
Agreement.
tion and the privacy choices can make
All other terms of your Account apply during the skip-payment period.
Credit
limit
Financial terms of your account
Your Credit Limit is the total maximum amount we permit you to owe us at
Interest Rates and Interest Charges
any
time.
You may not exceed any Credit Limit that we set for you Account
Annual Percentage
25.99%
If you do exceed your Credit Limit we can still charge you for all transac
tions, interest and other charges without giving up any of our rights under
Rate (APR) for
This APR will vary with the market based
this Agreement
Purchases
on the Prime Rate.
We may change your Credit Limit at any time.
Account cancellation
You may cancel your Account You're still obligated to pay the full amount
Your due date is at least 26 days after
you owe us.
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
you give to others.
date each month.
We may stop offering any Credit Plan at any time, for any reason
Minimum Interest
If you are charged interest, the charge
Cancellation or suspension of your Account doesn' negate your obligation to
Charge
will be no less than $2.00 per credit
pay any amount you owe us.
Cancellation of your Account includes each Card you give to others.
plan
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 a credit
penalty.
the Consumer
card, visit the website of the Consumer
must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown your Statement.
Financial
Financial Protection Bureau at http://
Protection Bureau
The Minimum Payment is the total of minimum payments for the Regu-
www.consumerfinance.gov/learnmore
lar Revolving and promotional Credit Plans plus any Past Due amounts
The Total Minimum Payment won't be less than $25.00 your Account
Fees
balance is less than $25.00, you must pay the amount indicated on your
Statement in full.
Annual Fee
None
The minimum payment for each Credit Plan is calculated as follows:
Penalty Fees
0 The minimum payments for Regular Revolving Credit Plans, Waive In-
terest, Payment Required and Defer Interest, Payment Required Credit
Late Payment
Up to $35
Plans will be the greater of:
Returned Payment
Up to $35
(a) $5.00;
(b) (rounded up to the nearest $1.00) of the New Balance
How We Will Calculate Your Balance: We use a method called
shown
on
your
for
that
Credit
Plan.
"daily balance." See your Account agreement for more details
o
The minimum 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 pur-
chase divided by the number of months between the date of the pur-
and how to exercise those rights is provided in your account
chase and the promotional period end date (minimum $5.00) rounded
agreement.
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 of March 1,
will be the amount of the purchase including the calculated interest
2014. We divide the APR by 365 to determine the daily periodic rate
charges that assessed from the date of purchase through the
end of the promotional period divided by the number of months be-
Add Index
APR
Daily Periodic Rate
tween the date of the purchase and the promotional period end date
(minimum $5.00) rounded up nearest $1.00
Purchase APR
22.74%
25.99%
0.07120%
0
The minimum payment for the Waive Interest Low Payment and Defer
We'll charge you a minimum interest charge of $2.00 per credit plan for any
Interest, Low Payment Credit Plans will be the greater of:
(a) $5.00 or
billing period in which interest is due. For additional information, see Rates in
Section
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Minimum Payment:
on your Statement for that Credit Plan.
Payment application
The amount you must pay each billing period ("Total Minimum Payment" is the
total of minimum payments for Regular Revolving and promotional Credit Plan
We reserve the right to apply payments equal to or less than the Total Mini-
purchases plus any Past Due amounts. The Total Minimum Payment won't be
mum Payment however see fit. which may result in balances subject to
less than $25.00. your Account balance less than $25.00 you must pay the
lower interest rates being paid prior to other balances. This may also result
amount indicated on your billing statement "Statement" in full. The minimum
higher
interest
charges.
payment due for each Regular Revolving Credit Plan will be the greater of:
Any payment you make in excess of the required Total Minimum Payment
(a) $5.00; or
will be allocated to your Account as required by applicable law.
(b) 5% of the New Balance shown on your Statement for that
Excess payments received before deferred interest promotion expires are
Credit Plan (rounded up to the nearest $1.00).
applied the deferred interest promotional balance first in the last two bill-
See Minimum Payment in Section C below for promotional credit plan minimum
ing periods of the promotional period.
payment
calculations.
D. Interest, fees and charges
The APR information described below is accurate as of March 1, 2014. Due to
Interest charges
a
change
the
index,
this
information
may
have
To
find
out
more,
call
If you make a purchase under a Regular Revolving Credit Plan, interest
us at 1-855-786-8600 (TDD/TTY: 1-888-819-1918). or write us at Comenity
charges won't be imposed in any period in which (i) no Previous Bal-
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
at creditcard.grandrental.com.
ance exists (ii) payments received and credits issued by the Payment Due
Date,
equal
or
exceed
the
Previous
Balance
A. Getting Started
If the New Balance shown on your Statement isn't paid in full by the
Definitions
ayment Due Date shown on last Statement there will be an interest
In this Agreement, "We, 'Us' and "Our" mean Comenity Capital Bank. "You"
charge on each purchase from date purchase
and "Your" mean each person who submits an application or solicitation for an
If you make purchase under any Waive Interest Credit Plan, we won't
Account
with
'Account'
means
your
credit
card
account
with
us.
"Card'
charge interest the purchase you pay the total purchase amount be
means
each
credit
card
we
issue
for
your
Account
as
applicable.
"Credit
Plan'
fore the end the promotional period. you don't pay the total purchase
means more payment program options Grand Rental Station may ask us to
amount before end of the promotional period, we add the remaining
offer
from
time
to
time.
amount your Regular Revolving balance We'll also begin charging inter-
Upholding your Agreement
est on the purchase from the first day after the promotional period ends
You agree to the terms of this Agreement, and prom se to do everything
If you make purchase under any Defer Interest Promotional Credit Plan
required of you. If you sign submit an applio solicitation obtain
and don't pay the total amount before the end of the promotional period,
credit from us. you be legally bound by this Agreem You're also legally
we'l add the remaining purchase amount and the amount of accrued inter-
bound if you sign charge slip, or permit someone else to use the credit
est to your Regular Revolving balance
provided
If you make purchase under Low APR, Equal Payment Credit Plan,
You agree that the credit extended under your Account will be used only for
interest will be assessed from the date of purchase through the end of the
promotional period.
personal, family or household purposes and not for business or commercial
How we calculate Interest Charges on your Account
purpose.
If the Account is joint Account, you and the joint Account holder will be
We calculate interest separately for each Credit Plan, using a 'Daily Balance' to
bound by this Agreement. Each of you jointly and individually respon-
determine interest charges for each billing period. Our calculation method is as
follows:
sible for repaying all amounts due If more than one person is responsible
for this Account. we will only provide billing statements and communica-
We start with the beginning balance on your Account each day (including
tions one of you.
unpaid interest charges and fees).
Any authorize user of your Account will be bound by the terms of this
We subtract any payments credit adjustments (treating any net credit
Ag reement One additional Card may be issued with the individual name
balance as zero balance) and add new transactions and debit adjustments
an authorized user embossed on the Card. you want to revoke the use of
posted as of that day. This gives the "Partia Daily Balance for the day
your Account by an authorized user. either write us at the address. or call us
We then multiply the Partial Daily Balance for the day by the Daily Periodic
at the phone number, shown on your Statement.
Rate. This gives us the "Daily Interest Charge' for the day, which we add to
the
day's
Partial
You agree to for all transactions made on your Account by an authorized
Daily
Balance
user. whether or not such transactions were authorized by you or made for
We've now determined the "Daily Balance. which will be the beginning
your benefit.
balance for the following day. This results in daily compounding of interest
charges
Card signature (as applicable)
For your own protection please sign your Card before using it. Keep in mind that
At the end of each billing period we add together each Credit Plan's Daily
Interest Charge, which gives the total interest charge
your signature on the Card isn' a prerequisite to your obligation to pay amounts
incurred your Account.
Your Statement will show Balance Subject to Interest Rate. which is the
Using your Account
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
Your Account may be used to make purchase from Grand Rental Station
Rates
and other retailers we may determine occasionally by notifying you via elec-
tronic mail, statement message, website posting, or other method
The Index in effect for each billing period will be the highest "Prime Rate"
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
limited to, gambling, ATM usage at casinos, and illegal activities.
Journal for the calendar month preceding the month which the billing pe-
Making payments
riod begins, rounded upward it necessary, to the nearest .001% 'Index ).
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 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
specif for payments Please don't send cash
Payment.
Be sure to include your payment stub, not staple your payment to the
Other fees and charges
stub. use the envelope provided with your Statement and don't send any
You agree to pay the following fees and charges
correspondence with your payment
If your payment doesn' meet these requirements, it may not be credited
Late Fee you don't pay least the Minimum Payment Due by the Pay
to
ment
Due
Date.
will
charge
you
late
fee
your Account for to five days, or be rejected
All written communications concerning disputed amounts, including any
o The fee $25.00 you were not charged late fee during any of the
prior six billing periods
check or other payment instrument marked with "payment in full" similar
o
Otherwise the fee $35.00
language, must be sent 6550 North Loop 1604 East, Suite 101, San
o
Antonio, Texas 78247-5004.
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed
o
We may accept payment sent to any other address without losing any
rights.
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn't
honor
for
any
reason.
o
No payment shall operate as an accord and satisfaction without our
O
prior written approval.
The fee $25 f you were not charged returned payment fee dur-
ing any of the prior six billing periods.
B. Keeping your account in good standing
o
Otherwise, the fee $35.00
Avoiding default
o
This fee never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
immediately prior to the date on which the fee was
Fail make any payment when due
Although we may decide to do so, we aren't required to attempt to collect a
Violate any provision of this Agreement
payment
more
than
once.
Pass
away
Document Fees: we provide you with copy of any Statement sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar document at your request (except in connection with billing error
Supply us with misleading, false. incomplete or incorrect information
inquiries or resolution), we may charge the Account the following fee(s),
Are unable or unwilling to perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
Fail supply with any information we deem necessary
Statement copy $6.00
Default under any other loan or agreement you have with us or any of our
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
Exceed your Credit Limit
ods that allow you make expedited payments to your Account
Issue payment returned unpaid by your bank for any reason
over the phone. choose this payment method we may assess
the current
fee
we
charge
for
this
service
subject
to
any
limitations
of
ap-
plicable law. Currently, that fee up to $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 A
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-855-786-8600 (TDD/TTY -888-819-1918) and provide with
costs for collecting amounts due. including reasonable attorney's fees and court
and address of your spouse. We are required to inform your spouse that
costs incurred by us or another person or entity.
opened
credit
account
for
you.
Changes
For bankruptcy notifications:
We may add, change, or delete the terms of your Account If required by appli-
All bankruptcy notices and related correspondence to Comenity Cap
cable law, we will give you advance written notice of the change(s) and a right to
should be sent to the following address Comenity Capital Bank, Ba
reject the change(s)
Department, PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant security interest in all goods you purchase through the use of the
A. Jury trial waiver
Account,
or
at
any
time
in
the
future
and
all
to
and
of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY R
such goods. We waive any itv interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR
ing, to the extent that would otherwise secure any obligation arising hereunder.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFF
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
electronic mail address or telephone number(s).
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Governing Law
B. Notice and cure
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
Prior to bringing lawsuit or initiating an arbitration that asserts
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
ing out of related to this Agreement (as further defined below,
MITTED OR REQUIRED BY APPLICABLE LAW.
the party asserting the Claim (the shall give the other
Transfer of Rights/Assignment
"Defendant") notice of the Claim (a "Claim Notice" and
You
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
law
opportunity not less 30 days, to resolve the Claim. Any Claim Noti
or otherwise, but your obligations will be binding upon estate or personal
shall be sent writing to the address we have records any
representatives We may transfer or assign your Account and/or this Agreement,
address you subsequently provide us). Any Claim Notice to shall
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 432
without prior notice to you or your consent
(or any updated address we subsequently provide) Any Claim
No Waiver of Rights
must
provide
name,
address
and
Account
number.
Any
Claim
No
We delay enforcing our rights under this Agreement without losing them.
explain the nature of the Claim and the relief that
Severability
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
of
any
ot
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 must reasonably cooperate
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably red
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 WIT PARAGRAPH
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE SI
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM
You give 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 requested in connection with
the
1. Your Right to Reject: If you don't want this Arbitration Provision
processing of your credit application. A report may also be requested
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitration
Agre
connection with credit extension. credit limit request Account renewal or
to apply, you may reject it by mailing us written rejection notice which
update, Account collection action, or dispute investigation. Upon request
name of each Cardholder and contains statement that you (both you
will tell you the name and address of any reporting agency that
than one) reject the Arbitration Provision this Agreement. The rejecti
furnished
report
on
you.
You
consent
to
the
obtaining
such
reports
by
must be sent to us at Comenity Capital Bank, PO Box 182422. Columb
signing or otherwise submitting an applicati ion or solicitation.
43218-2422. A rejection notice only effective if it is signed by you (a
You
understand
that
we
may
report
negative
information
(such
as,
late
pay-
if more than one) and if we receive it 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
reporting agencies.
you right to reject this Arbitration Provision. Your rejection of this A
You give permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your
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
Credit report disputes
(and
not
this
the
terms
If you believe the Account information we reported to consumer reporting agen-
Capital Bank. any parent, subsidiary or affiliate of the Bank
cy you may submit direct dispute to Comenity Capital Bank, PO
employees, officers and directors of such companies (the "Bank Parti
Box 182120 Columbus, Ohio 43218-2120
(b) any other person or company that provides any services in connec
written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or compa
and specify why the information is inaccurate:
same assert Claim against any Bank Party
Account Information: Your name and Account number
3. Covered Claims: "Claim" means any claim. dispute or
Contact Information: Your address and telephone number
you and us that any way arises from relates to this Agreement, the
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement or
plain
why
you
believe
inaccurate
"Claim" includes disputes arising from actions or omissions prior to
Supporting Documentation: available provide copy of the section of the
any Card was issued to you, including the advertising related to, applio
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-p party
30
days
of
receipt
of
the
information
needed
for
our
tigation.
If
we
find
that
includes disputes based upon contract tort, consumer rights, fraud
the Account information we reported is inaccurate. we will promptly provide the
intentional torts. constitution statute. regulation, common
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
relief).
"Claim"
the
information
include disputes about the validity, prceability coverage or scope
Your Billing Rights: Keep This Document For Future Use
tration Provision or any part thereof (including, wit hout limitation, the
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or
Credit
Billing
Act
party described in Paragraph (the "Class Action Wai
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph 13 and/or this sentence): all such dispute
If you think there is an error on your statement, write to us at: Comenity Capital
a court and not arbitrator to decide. However, any dispute or argur
Bank, PO Box 182620 Columbus Ohio
the validity or enforceability of the Agreement as whole
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 res
Description of problem: If you think there s an error on your bill, describe
different Claim. Arbitration started by giving written demand for
what you believe is wrong and why you believe it is mistake.
to the other party. We will not demand to arbitrate an individual Claim
You must contact us:
bring against us small claims court or your state's equivalent court
Within 60 days after the error appeared on your statement
if that Claim is transferred. removed or appealed to different court,
At least 3 business days before an automate payment is scheduled, if you
the right to demand arbitration
want to stop payment on the amount you think is wrong.
5. Choosing the Administrator: "Administrator" means the American
You must notify us of any potential errors writing. You may call us, but it you
Association
"AAA").
1633
Broadway,
10th
Floor,
New
York,
NY
1001
do we not required to investigate any potential errors and you may have to pay
adr.org: JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 1001
the
amount
question
jamsadr
or
any
other
company
selected
by
mutual
agreement
of
What Will Happen After We Receive Your Letter
ties. both AAA and JAMS cannot or not serve and the parties a
When receive your letter, we must do two things
to select an Administrator by mutual consent, the Administrator will be
1 Within 30 days of receiving letter. we must tell you that we received
your
by court. The arbitrator will be appointed by the Administrator in ac
letter. We will 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 of receiving your letter, we must either correct the error or
former
judge
or
lawyer
with
at
least
10
years
of
experience.
You
get
to
explain to you why we believe the bill correct.
Administrator if you give us written notice your selection with your
While
we
investigate
whether
not
there
has
been
an
error:
you are electing arbitrate any Claim within 20 days after we give
We cannot try to collect the amount in question, or report you as delinquent
that we are electing arbitrate any Claim (or, you dispute our right
on that amount.
arbitration of the Claim. within 20 days after that dispute is finally
The charge in question may remain on your statement, and we may continue
If you do not select the Administrator on time. may do it. Notwith
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 parties to the arbitration, by an
the
remainder
balance
istrator that has in place a formal or informal policy that is
We can apply any unpaid amount against your credit limit.
Class Action Waiver.
After we finish our one of two things will happen:
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights
we made mistakes You will not have to pay the amount in question or any
OR WE ELECT TO ARBITRATE CLAIM, YOU WILL NOT HAVE THE R
interest or other fees related to that amount
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAII
not
believe
there
was
mistake.
will
have
to
pay
the
amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITE
question, along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN LAWSUIT. OTHER RIGHTS THAT YOU WOU
ment
of
the
amount
you
owe
and
the
date
payment
is
due
We
may
then
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRA
report you as delinquent if you do not pay the amount we think you owe.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT
If
you
receive
our
explanation
but
stil
believe
your
bill
is
wrong,
you
must
write
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN
to within 10 days telling us that you refuse to pay you we cannot
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION. EITHER AS
report
as
without
also
reporting
that
you
are
questioning
TIFF.
DEFENDANT
OR
CLASS
MEMBER:
(2)
NEITHER
YOU
NOR
WE
We must tell you the name of anyone to whom we reported you as delinquent,
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRAT
and must let those organizations know when the matter has been settled
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERS
If we not follow all of the rules above. you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO
the amount question even your bill correct
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL ARBIT
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION.
If you are satisfied with the goods or that you have purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that yo
your credit card, and you have tried good faith to correct the problem with
the
must
take
place
at
to
you.
We
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
purchase.
to.
you
prevail
the
rbitration
or
we
must
bear
such
fees
orde
To use this right, all of the following must be true:
bitration
Provis
to
be
enforced.
If
you
demand
an
arbitration,
we
The purchase must have been made in your home state or within 100 miles
your reasonable attorneys and experts fees if you prevail or we must
of
your
current
mailing
address,
and
the
purchase
price
must
have
been
fees in order for this Arbitration Provision to be enforced. Also, we will
than $50. (Note: Neither of these are necessary if your purchase was based
fees plicable law requires us to
an
advertisement
we
mailed
to
you,
or
if
we
own
the
company
that
sold
you
the
9. Governing Law: This Arbitration Provision
involves
interstate
comm
goods services.)
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FA
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
not
by
any
state
arbitration
law.
The
arbitrator
must
apply
applicable
su
cash advances from an ATM or with a check that accesses your credit card ac-
law with the FAA and applicable statutes of limitations and
count not qualify.
privilege recognized at law. The arbitrator may award any remedy provide
3 You must not yet have fully paid for the purchase
substantive law that would apply the action were pending in court (in
all of the criteria above are met and you are still dissatisfied with the purchase,
without limitation punitive damages, which shall be governe by the
contact
us
writing
at
tional standards employed by the courts) At the timely request of eit
Comenity Capital Bank
the
arbitrator
must
provide
brief
written
explanation
of
the
basis
for
PO Box 182620, Columbus Ohio 43218-2620
10. Right to Discovery: In addition to the parties' rights to obtain
While
we
investigate
the
same
rules
apply
to
the
disputed
amount
as
discussed
pursuant
to
the
arbitration
rules
of
the
inistrator.
either
party
ma
above. After we finish our investigation, we will tell you our decision. At that
a written to the itrator to expand the scope of discovery nor
point, we think you owe an amount and you do not pay, we may report you as
lowable under the rules of the Administrator The arbitrator
delinquent.
grant
or
deny
that
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment upon the an
Credit insurance (as applicable)
award may entered by any court having jurisdiction. The arbitrator
is final and binding, except for any right of appeal provided by the FAA
Purchasing credit optional If you do choose to carry credit insurance
if
the
amount
of
the
Claim
exceeds
$50,000
involves
coverage, the premium charge will be added to your Account as purchase on
request
for
or declaratory that could foreseeably involve cost or benefit to eit
the last day each billing period. You can cancel your coverage at any time.
exceeding
$50,000,
any
party
can,
within
30
days
after
Account Assure Debt cancellation (as applicable)
the
entry
of
by the arbitrator, appeal the award to three arbitrator panel
Purchasing Account Assure is optional.
Administrator.
The
panel
shall
reconsider
anew
any
aspect
of
the
init
Your decision whether or not purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall be by
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to "the arbitrator' shall
with
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 borne in with Paragraph C.8. above
balance on your Account each month and be added to your Statement
12. Rules of Interpretation: This Arbitration Provision shall survive
We'll provide additional information before you required to pay for Ac
ment
all
amounts
owed
under
this
Agreement,
the
closing
of
the
Acc
count Assure This will include copy of the terms and conditions pertain-
legal
proceeding
and
any
to
the
extent
consister
with
ing
to
Account
Assure
bankruptcy law. In the event of conflict or inconsistency between this
You can cancel your Account Assure at any time.
tion Provision on the one hand, and the applicable arbitration rules or
There eligibil itions, and exclusions that could pre-
provisions this Agreement, on the other hand, this Arbitration Provis
vent you receiving benefits under Accoun Assure.
govern. This Arbitration Provision replaces any Prior Arbitration
Be sure to carefully read the Addendum for full explanation of the terms
13. Severability: If any portion of this Arbitration Provision, other than
Account
Assure.
Action Waiver, is deemed invalid or unenforceable, the remaining
H. Communicating with us
nevertheless remain force. If determination is made that the Clas
Communicating to you about your Account
Waiver
unenforceable.
only
this
sentence
of
the
Arbitration
Agreeme
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, prov
to us you give direct consent to us. as well servicers, agents, contractors and
the determination concerning the Class Action Waiver shall be subject
collectors of your Account. to communicate with you in any way, such as calling,
14. Special Payment: If (1) you submit a Claim Notice
texting,
or
electronic
mail
Paragraph above on your own behalf (and not on behalf other
1)
cell, landline or number you provide use to contact us. or at which
(2) we refuse to provide you with the relief you request; (3)
subsequently
we believe can reach you (even not yours),
determines
that
you
were
entitled
to
such
relief
(or
great
2)
any electronic mail address you provide to one of our merchants,
the arbitrator shall award you at least $5,100 (plus any fees and costs
automated dialer systems and automatic telephone dialing systems,
you are entitled)
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
comenity
Comenity Capital Bank, Salt Lake City, UT
You also agree that these communications aren't unsolicited for purposes of any
state federal law. and you understand that this may result in additional mobile,
344851015
text message, or data charges.
Phone monitoring
To provide you with high-quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 22.74%.
(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 26 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