Your GEM ACCOUNT Credit Card account agreement
378881003 (05/14)
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
close your Account require you to pay the full amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
use of the account, or failure to close the account within the
we' 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 or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card. you should write to us immediately at PO Box 183003, Columbus.
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call 1-866-534-4180 (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
C. Learning more about your account
of this Agreement and will:
Credit Plans
o Eliminate your right to a trial by jury; and
0
Substantially affect your rights, including your right to
Your Account may consist of non- -promotional ("Regular Revolving") Credit
bring, join in or participate in class proceedings.
Plan and one or more promotional Credit Plans Credit Plans offered and
their
particular
features
(including
but
not
limited
to
Please read each section carefully and keep this document for
purchase
re-
quirements 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 promot ional Credit Plans from time to time.
Financial terms of your account: An at-a-glance summary of the fees and charges
If promotional Credit Plan offered at the time you open your Account,
associated
with
your
account
this Agreement will include information about the terms for the Plan. by use
A. Getting started the basics of your account
of an insert, attachment, or other written information provided as part this
Agreement.
B. Keeping your account in good standing avoiding default, and what to do
your
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 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-
tional period ends, the balance will be transferred to your Regular Revolving
balance.
E.
Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes your account
0 Wa Interest, Payment Required
F. Disputes and reporting to consumer reporting agencies: data we provide
0 Defer Interest, Payment Required
o Wa Interest, Equal Payment
and receive from. consumer reporting agencies, and what to do if you think
o Defer Interest Low Payment
0 Waive Interest, Low Payment
there s an error on your periodic statement
o Low APR, Equal Payment
Defer Interest, Equal Payment
G. Optional products how to protect your account from fraud or theft, and
o Budget Payment
Skip-payment option
information on that can help pay your debt case of emergencies
H
Communicating with us: what happens when 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 be assessed during the period, but late
a
jury
trial
waiver
and
Arbitration
provision
fee won't be imposed This will not be considered waiver of any of the
rights
granted
Privacy statement: how collect, use. share and protect your personal informa-
by
this
Agreement
tion; and the privacy choices you 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 your Account
28.99%
you do exceed your Credit Limit, we can still charge you for all transac-
Annual Percentage
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 25 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
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 suspension of your Account doesn't negate your obligation to
Charge
pay
any
amount
will be no less than $2.00 per credit
you
owe
US.
plan
Cancellation of your Account includes each Card you give to others.
Minimum Payment
For Credit
To learn more about factors to consider
You can pay all of your Account balance at any time without
Card Tips from
when applying for or using a credit
penalty.
the Consumer
card, visit the website of the Consumer
You must pay at least the Total Minimum Payment for each billing period by
the Payment Due Date shown on your Statement.
Financial
Financial Protection Bureau at http://
Protection Bureau
The Minimum is the total of the payments for the Regu-
www.consumerfinance.gov/learnmore.
lar Revolving and Credit Plans plus any Past Due amounts
The Total Payment won't be less than $25.00 If your Account
Fees
balance is less than $25.00, you must pay the amount indicated on your
Statement
full
Transaction Fees
$9.95 for each promotional
The minimu payment for each Credit Plan is calculated as follows:
Promotional
0
Credit Plan purchase
The payment for the Waive Interest, Payment Required and
Defer Interest, Payment Required Credit Plans will be the greater of:
Penalty Fees
(a)
$5.00
Late Payment
Up to $35
(b) 1% (rounded up to the nearest .00) of the New Balance
shown on your Statement for that Credit Plan
Returned Payment
Up to $35
0
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 of months between the date of the pur-
"daily balance.' See your Account agreement for more details.
chase and promotional period end date (minimum $5.00) rounded
up to 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 the amount of the purchase including the calculated interest
agreement.
charges that will be assessed from the date of purchase through the
end of the promotional period divided by the number months be
Rate Information: The following chart provides details on your rate as of May 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 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
Purchase APR
25.74%
28.99%
0.07942%
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
We'll charge you minimum interest charge of $2.00 per credit plan for any
shown on your Statement for that Credit Plan.
billing period in which interest is due For additional information, see Rates in
Payment application
Section D.
We reserve the right to apply payments equal to or less than the Total Mini-
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
mum Payment however we see fit. which may result in balance subject to
ments for Regular and Promotional Credit Plan purchases plus any
lower interest rates being paid prior to other balances This may also result
Past Due amounts. The total linimum Payment Due account won't be
in
higher
interest
charges
less $25.00 your Account balance less than $25.00 you must pay the
Any payment you make in excess of the required Total Minimum Payment
amount indicated on your Statement in full. The Minimum Payment Due for each
will allocated to your Account as required by appl icable law
Regular Revolving and Cash Revolving Credit Plans will be:
Excess payments received before deferred interest promotion expires are
The greater of:
applied to the deferred interest promotional balance first in the last two bill-
o
1% the New Balance, excluding any new Regular Revolving or Cash
ing periods of the promotional period.
Revolving Credit Plan Interest Charges shown on the Statement: or
D. Interest, fees and charges
o
$5.00
Interest charges
Plus any new Regular Revolving or Cash Revolving Credit Plan Interest
Charges shown the Statement rounded up the nearest .00.
If you make al purchase under a Regular Revolving Credit Plan, interest
See Minimum Payment in Section C below for promotional credit plan minimum
charges won't be imposed any billing period in which Previous Bal-
payment calculations.
ance exists or (ii) payments received and credits issued by the Payment
Date equal exceed the Previous Balance
The APR information described below is accurate as of May 1. 2014. Due to
change in index. this information may have To find out more. call
If the New Balance shown your last Statement isn't paid in full by the
at 1-866-534-4180 (TDD/TTY: 1-888-819-1918) or write at Comenity
Payment Due Date shown on your last Statement. there will be an interest
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
charge on each purchase from the date of purchase
at comenity
If you make purchase under any Waive Interest Credit Plan, won't
A. Getting Started
charge interest on the purchase you pay the total purchase amount be
fore the end of the promotional period. don't pay the total purchase
Definitions
amount before the end of the promotional period, we'l add the remaining
In this Agreement, "We. "Us" and "Our' mean Comenity Capital Bank. "You"
amount your Regular Revolving balance We'll also begin charging inter-
and "Your' mean each person submits application or solicitation for an
est the purchase from the first day after the promotional period ends
Account with ccount" means your credit card account with us. "Card'
If you make purchase under any Defer Interest Promoti Credit Plan
means each credit card we issue for your Account as applicable. "Credit Plan
and don't pay the total amount before the end of the promotional period,
means one or more payment program options Zales Jewelers and its affiliates
we'll add the remai ning purchase amount and the amount of accrued inter-
("Retailers" may ask us to offer from time to time.
est
to
your
Regular
Revolving
balance.
Upholding your Agreement
If you make purchase under Low APR. Equal Payment Credit Plan,
You agree to the terms of this Agreement, and promise to do everything
interest will be assessed from the date of purchase through the end of the
required of you. If you sign or submit an application solicitation to obtain
promotional period.
credit from us, you' be legally bound by this Agreement. You're also legally
How we calculate Interest Charges on your Account
bound if you sign charge slip, or permit someone else to use the credit
We calculate interest separately for each Credit Plan, using a Daily Balance" to
provided.
determine interest charges for each billing period. Our calculation method is as
You agree that the credit extended under your Account will be used only for
follows:
personal, family or household purposes and not for business or commercial
We start with the beginning balance on your Account each day (including
purpose
unpaid interest charges and fees).
if the Account is joint Account, you and the joint Account holder will be
We subtract any payments or credit adjustments (treating any net credit
bound by this Agreement. Each you jointly and individually respon-
balance as balance) and add new transactions and debit adjustments
sible for repaying all amounts due. more than one person is responsible
posted as of that day. This gives us the "Partial Daily Balance" for the day.
for this Account, we will only provide billing statements and communica-
We then multiply the Partial Daily Balance for the day by the Daily Periodic
tions to one you.
Rate This gives us the "Daily Interest Charge" for the day, which we add to
Any authorized user of your Account will be bound by the terms of this
the day's Partial Daily Balance.
Agreement. One additional Card may be issued with the individual name of
We've now determined the "Daily Balance which will be the beginning
an authorized user embossed on the Card If you want to revoke the of
balance for the following day. This results in daily compounding of interest
your Account by an authorized user, either write us at the address or call us
charges.
at the phone number. shown on your Statement
At the end of each billing period, we together each Credit Plan's Daily
You agree to pay all transactions made on your Account by an authorized
Interest Charge which gives us the total interest charge.
user whether or not such transactions were authorized by you or made for
Your Statement will show Balance Subject to Interest Rate. which is the
your benefit.
sum of the Daily Balances for each day in the billing period divided by the
Card signature (as applicable)
total number of days.
Rates
For your own protection. please sign your Card before using it. Keep in mind that
your signature on the Card isn' a prerequisite to your obligation to pay amounts
The Index in effect for each billing period will be the highest "Prime Rate"
incurred on your Account.
of interest as published in the "Money Rates' section of The Street
Using your Account
Journal for the calendar month preceding the month which the billing pe-
Your Account may be used to make purchases from Zales Jewelers and other
riod begins, rounded upward if necessary to the nearest .001 ("Index"
retailers may determine occasionally by notifying you via electronic mail,
Any variable APR may increase the Index increases.
tement message website posting, or other method
An increase or decrease in the APR will result in corresponding increase
We reserve the right to honor transactions related to including, but not
or decrease in the amount of interest and may increase the Total Minimum
Payment
imited to, gambling, ATM usage at casinos, and illegal activities.
Making payments
Other fees and charges
Pay your Account by sending check, money order. or cashier's check pay-
You agree to pay the following fees and charges:
able U.S. dollars, to the name and address shown on your Statement
Promotional Credit Plan Transact tion Fee: If you make a purchase under
a
specified for payments Please don't send cash.
promotional Credit add action fee $9 95 per transaction.
Be sure to include your payment stub. do not staple your payment to the
Late Fee: If don't pay 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 cha you late fee.
correspondence
with
your
payment
o The fee $25.00 you were not charged a late fee during any of the
If your payment doesn' 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.
0
written communications concerning disputed amounts, including
This fee will never exceed the minimum payment due that was due
any
check other payment instrument marked with 'payment in full" or similar
mediately prior the date which the assessed
language, must be sent 6550 North Loop 1604 East, Suite 101, San
Returned Payment Fee: We may charge you fee for each payment that your
bank
Antonio, Texas 78247-5004.
doesn'
honor
any
reason.
0
We may accept payment sent to any other address without losing any
o The fee $25.00 you were not charged returned payment fee dur-
rights.
of the prior six billing periods.
0
o
No payment shall operate as an accord and satisfaction without our
Otherwise, the fee $35.00.
prior written approval.
0
This fee will never exceed the minimum payment due that was due
B. Keeping your account in good standing
immediately prior to the date on which the fee was assessed
Although may decide to do so, we aren't required to attempt to collect a
Avoiding default
payment more than once.
You'll be in default under this Agreement if you:
Document Fees If we provide you with copy of any Statement sales draft
Fail to make any payment when due
or similar document at your request (except in connection with billing error
Violate any provision of this Agreement
inquiries or resolution), we may charge the Account the following fee(s),
Pass
away
subject to any limitations of applicable law:
Become the subject of bankruptcy or insolvency proceedings
o
Statement copy $6.00
Supply us with misleading, false. incomplete or incorrect information
o
Sales/Credit Draft copy
Are unable unwilling perform the terms conditions of this Agreement
o
Check/Money Order copy $6.00
Fail supply us with any information deem necessary
Alternative Payment Method Fee: We may offer alternative payment meth-
Default under any other loan or agreement you have with us or any of our
ods that allow you to individual expedited payments to your Account
affiliates
over the phone you choose use this payment method. we may assess
Become incompetent
the
current
fee
we
charge
for
this
service.
subject
to
any
limitations
of
ap-
Exceed your Credit Limit
plicable law. Currently, that fee up $15.00 but may change. We'll let
Issue a payment returned unpaid by your bank for any reason
you know the current fee before you authorize any payment(s), and you can
withdraw your request you don't want to pay the
E. Other important information
For bankruptcy notifications:
Collection costs
All
bankruptcy
notices
and
related
correspondence
to
Comen
To the extent not prohibited by applicable law, you agree to pay the reasonable
should be sent the following address: Comenity Capital Ba
costs for collecting amounts due including reasonable attorney's fees and court
Department. PO Box 183043, Columbus, Ohio 43218-3043.
costs incurred by us or another person or entity.
I. Arbitration and jury trial waiver
Changes
A. Jury trial waiver
We
may
add,
change,
or
delete
the
terms
of
your
Account.
If
required
by
appli-
cable
law,
we
will
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE
give
you
advance
written
notice
of
the
change(s)
and
right
to
reject the change(s)
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT o
Security Interest
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NO
ARBITRATION PROVISION BELOW (INCLUDING THE JURY
You
grant
us
security
interest
in
all
goods
you
purchase
through
the
use
of
the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THA
Account
at
any
time
in
the
future
and
in
all
to
and
proceeds
of
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
such goods. We waive any security interest we may have in your principal dwell-
B.
Notice
and
cure
ing, the extent that would otherwise secure any obligation arising hereunder.
Changes
to
Prior to bringing lawsuit or initiating an arbitration that asser
your
information
out of or related to this Agreement (as further defined bel
You agree to notify us mediately of any changes to your name, mailing address,
the party asserting the Claim (the "Claimant" shall give the
mail address or telephone number(s)
Defendant'
written
notice
of
the
Claim
(a
"Claim
Notice"
an
Governing Law
opportunity, not less than 30 days, to resolve the Claim. Any Clai
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
shall
be
sent
in
writing
to
the
address
we
have
our
records
THIS THE LAW WE SPEAKING OF WHEN WE REFER TO A TERM PER
address you subsequently provide us). Any Claim Notice us
MITTED OR REQUIRED BY APPLICABLE LAW.
mail
to
Comenity
Capital
Bank,
PO
Box
182436,
Columbus,
Ohi
Transfer of Rights/Assignment
(or any updated address we subsequently provide) Any Claim
Your
rights
under
this
Agreement
can't
be
transferred
by
you,
by
operation
of
law
must
provide
your
name.
address
and
Account
number.
Any
Cla
or
otherwise,
but
your
obligations
will
be
binding
upon
your
estate
or
personal
explain the nature the Claim and the relief that is demanded
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement,
submit Claim Notice on your own behalf and not on behalf of
or any our rights under this Agreement. to another person or entity at any time
No third party, other than lawyer have personally retained
without prior notice to you or your consent.
Claim Notice on your behalf. The Claimant must reasonably coop
No Waiver of Rights
ing any information about the Claim that the other party reasona
We can delay enforcing our rights under this Agreement without losing them.
C.
Arbitration
provision
Severability
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU D
If any of this Agreement is in conflict with applicable law, that provision
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAG
will consider be modified to conform with applicable law.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAV
Notice to New Jersey Residents
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY
All provisions of this agreement are valid, enforceable and applicable in New
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FU
Jersey.
1. Your Right to Reject: If you don't want this Arbitration Pro
Disputes and Reporting to Consumer Reporting Agencies
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitratio
to apply, you may reject by mailing us written rejection notice
Credit Reports
name each Cardholder and contains tatement that you (both
You give us permission to investigate your credit record
than one) reject the Arbitration Provision of this Agreement. The
You
agree
that
credit
report
may
be
requested
in
connection
with
the
must sent to us Comenity Capital Bank, PO Box 182422,
processing of your credit application. A report may also be requested in
18-2422 A rejection notice only effective is signed by
connection
with
credit
extension,
credit
limit
request,
Account
renewal
or
if
more
than
one)
and
if
we
receive
it
within
thirty
(30)
calenda
update, Account collection action, or dispute investigation Upon request,
date we first provide you with credit card agreement written
tell
you
the
name
and
address
of
any
agency
that
you
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
furnished report on you. You consent to the obtaining of such reports by
Provision will not affect any other provision of this Agreement o
signing
otherwise
submitting
an
application
solicitation
obtain credit.
You understand that we may report negative information (such as late pay-
2. Parties Subject
to
Arbitration:
Solely
as
used
in
this
Arbitr
ments, missed payments, or other defaults) about your Account to consumer
(and
not
elsewhere
this
Agreement)
the
terms
"we."
reporting agencies.
Comenity Capital Bank. any parent. subsidiary or affiliate of the
You give us permission to provide information about your Account to con-
employees,
officers
and
directors
of
such
companies
(the
Bank
sumer reporting agencies and other creditors, as well as to the retailer whose
(b) any other person or company that provides any services
name
appears
on
your
Card
this Agreement you assert Claim against such other person or
Credit report disputes
same time assert Claim against any Bank Party.
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
3.
Covered
Claims:
'Claim'
means
any
claim.
dispute
or
contr
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
you
in
any
way
arises
from
or
relates
to
this
Box
182120,
Columbus.
Ohio
18-2120
the
issuance
of
any
Card.
any
rewards
program,
any
prior
agreen
Your written dispute must provide sufficient information to identify the Account
"Claim"
includes
disputes
arising
from
actions
and
specify
why
the
information
is
any
Card
was
issued
to
you,
including
the
tising
related
to,
Account
Information
Your
name
and
Account
number
or approval of the Account "Claim" has the broadest
Contact
Information:
Your
address
and
telephone
number
includes
initial
claims
claims
and
third-
Disputed Information identify the Account information disputed and ex-
includes
disputes
based
upon
contract
tort.
rights,
plain
why
you
believe
intentional
torts
statute.
ation.
Supporting
available
provide
copy
of
the
section
of
the
equity
(including
any
claim
for
injunctive
or
declaratory
relief)
credit report showing the Account information you are disputing
include disputes about the validity, enforceability, coverage sco
We
will
estigate
the
disputed
information
and
report
the
results
to
you
within
tration
part
thereof
(including,
without
limitation
30 days of receipt the information needed for our estigation If we find that
against class eedings, private attorney general proceedings
the Account information we reported is inaccurate, we will promptly provide the
party proceedings described in Paragraph C.7 (the "Class Actic
necessary correction to each consumer reporting agency to which we reported
last sentence of Paragraph 13 and/or this sentence): all such
the information.
a
court
and
not
an
arbitrator
to
decide
However,
any
dispute
or
Your Billing Rights: Keep This Document For Future Use
the validity or enforceability of the Agreement as a
This notice tells you about your rights and our responsibilities under the Fair
arbitrator,
not
court
to
decide.
Credit Billing Act
4. Starting an Arbitration: Arbitration may be elected by any par
What
To
Do
If
You
Find
A
Mistake
On
Your
Statement
to
any
Claim,
even
that
party
has
already
initiated
lawsuit
W
If think there error on your statement. write to us at: Comenity Capital
different Claim Arbitration started by giving written
Bank, PO Box 182620 Columbus, Ohio 43218- 2620
to
the
other
party.
We
will
not
demand
to
arbitrate
an
individual
In your letter, give us the following information:
bring against us small claims court or your state's uivalent
Account information: Your name and account number.
if that Claim transferred, removed or appealed to different
Dollar amount The dollar amount the suspected error
have
the
right
to
demand
arbitration.
Description
of
problem:
If
you
think
there
an
error
on
your
bill,
describe
5. Choosing the Administrator: "Administrator" means the Ameri
what
you
believe
is
wrong
and
why
you
believe
it
mistake.
"AAA") 1633 Broadway, 10th Floor, New York, NY
You must contact us:
adr.org:
JAMS,
620
Eighth
Avenue,
34th
Floor,
New
York,
NY
Within
60
days
after
the
error
appeared
on
your
statement
.com; any other company selected by mutual agreem
At
least
3
business
days
before
payment
is
scheduled,
if
ties.
both
AAA
and
JAMS
cannot
or
will
you
not
serve
and
par
want
to
stop
on
the
amount
you
think
wrong,
to select an Administrator by mutual consent. the Administrator
You must notify us of any potential errors writing. You may call us, but if you
by court. The arbitrator will be appointed by the Administrator
do not required to investigate any potential errors and you may have to pay
with
the
rules
of
the
Administrator.
However,
the
arbitrator
the
amount
quest
former
judge
or
lawyer
with
at
least
10
years
experience.
You
What Will Happen After We Receive Your Letter
Administrator
you
give
notice
your
selectio
with
receive letter. must do two things:
you
are
electing
to
arbitrate
any
Claim
within
20
days
after
1
Within
30
days
of
receiving
your
letter.
must
tell
that
we
are
electir
you
that
we
received
arbitrate
your
any
Claim
(or.
you
dispute
letter. also tell you we have already corrected the error.
arbitration
of
the
Claim,
within
20
days
after
that
dispute
2.
Within
90
days
of
receiving
your
letter,
we
must
either
the
you
do
not
the
correct
error
strator
or
on
may
do
explain to you why believe the correct
any language in this Arbitration the contrary, no arb
While
we
tigate
whether
or
not
there
has
been
an
error:
ministered
without
the
consent
of
all
parties
to
the
We cannot try to collect the amount in question or report you as delinquent
istrator that has place formal or informal policy that is incon
on that amount
Waiver
The charge in question may remain on your statement, and we may continue
6. Court and Jury Trials Prohibited: Other Limitations Legal
to
charge
you
interest
on
that
amount
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE
While you do not have to pay the amount in quest ion, you are responsible for
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE
the
remainder
your
balance
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE
We can apply any unpaid amount against your credit limit.
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU
After
we
finish
our
investigation
one
of
two
things
will
happen:
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN AR
If made mistake You will not have to pay the amount in question or any
7. Prohibition Against Certain Proceedings: IF YOU OR WE EL
interest or other fees related to that amount
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPAT
If
not
believe
there
was
mistake:
will
have
to
pay
the
amount
in
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHEI
question
along
with
applicable
interest
and
fees.
We
will
send
you
state-
TIFF,
DEFENDANT
OR
CLASS
MEMBER:
(2)
NEITHER
YOU
NO
ment
of
the
amount
you
owe
and
the
date
payment
is
due.
We
may
then
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARB
report
you
as
delinquent
if
you
not
pay
the
amount
we
think
owe
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED
If
receive
our
explanation
but
still
believe
your
wrong,
you
must
write
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER
to
within
10
days
telling
us
that
you
still
refuse
to
pay
If
you
do
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORIT
report
you
nquent
without
also
reporting
that
your
bill.
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL
We
must
tell
you
the
name
of
anyone
whom
reported
OR MULTIPLE-PARTY ARBITRATION.
you
as
and
must
let
those
organizations
know
when
the
matter
has
been
settled
8. Location and Costs of Arbitration: Any
arbitration
hearing
between
must
take
place
at
location
reasonably
convenient
to
you.
We
If
we
do
not
follow
all
of
the
rules
above.
you
do
not
have
to
pay
the
first
$50
of
all fees of the Administrator and/or the arbitrator applicable
the
you
your
bill
to,
if
you
prevail
in
the
arbitration
we
must
such
fees
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
rbitration
Provision
to
be
enforced.
If
you
arbitrati
with the goods or that you have purchased with
your
reasonable
attorneys
and
experts
fees
you
prevail
we
your
credit
card
and
you
have
tried
in
good
faith
to
correct
the
problem
with
the
fees
in
order
for
this
Arbitration
Provision
to
be
enforced.
Also,
merchant, you may have the right not to pay the remaining amount due on the
fees
applicable
law
us
to
purchase.
9.
Governing
Law:
This
Provision
involves
interstate
To use this right, all of the following must be true:
governed
by
the
Federal
Arbitrati
Act.
9
U.S.C
§§
(tl
1.
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
not
by
any
state
law.
The
arbitrato
must
apply
applica
of your current mailing address, and the purchase price must have been more
law with the FAA and applicable statutes of limitation
than
$50.
(Note:
Neither
of
these
are
necessary
your
purchase
was
based
on
privilege
recogr
at
law.
The
art
itrator
may
award
any
remedy
an advertisement we mailed to you, or if we own the company that sold you the
substantive law that would apply the action were pending in
goods services.
without limitation. punitive damages which shall be governed b
You must have used your credit card for the purchase. Purchases made with
tional standards employed by the courts) At the timely request
cash
advances
from
an
ATM
or
with
a
check
that
accesses
arbitrator must
your
credit
card
ac-
provide
al
brief
written
explanation
of
the
basi
count
do
not
qualify
10. Right to Discovery: In add to the parties' rights
3. You must not yet have fully paid for the purchase
pursuant
to
the
arbitration
rules
of
the
Administrator.
either
par
of the criteria above are met and you are still d issatisfied with the purchase,
written request to the arbitrator to expand the scope of discove
contact us writing at:
lowable
under
the
arbitration
rules
of
the
Administrator.
The
arbit
Comenity Capital Bank
discretion grant deny that request
PO Box 182620, Columbus, Ohio 43218-2620
11.
Arbitration
Result
and
Right
of
Appeal:
Judgment
upon
While we investigate. the same rules apply to the disputed amount as
award may be entered by any court having jurisdiction. The arbit
above.
After
we
finish
our
investigation,
we
will
tell
you
our
decision.
At
that
final
and
binding,
except
for
any
right
appeal
provided
by
the
point, we think you owe an amount and you do not pay, we may report you as
the amount of the Claim exceeds $50,000 or involves reques
delinquent
or declaratory relief that could foreseeably involve cost or benef
G. Optional products
exceeding $50,000, any party can. within 30 days after the ent
by the arbitrator, appeal the award to three-arbitrator panel
Credit insurance (as applicable)
Administrator. The panel shall reconsider anew any aspect of
Purchasing
credit
insurance
optional
If
you
do
choose
to
carry
credit
insurance
requested by the appealing party. The decision of the panel sha
coverage the premium charge will be added to your Account as purchase on
vote. Reference in this Arbitration Provision to "the arbitrator"
the
last
day
each
billing
period.
cancel
your
coverage
at
any
time.
panel an appeal of the arbitrator's decision has been taken. Th
Account Assure Debt cancellation (as applicable)
appeal
be
borne
in
accordance
with
Paragraph
C.8.
above
Purchasing Account is optional
12. Rules of Interpretation: This Arbitration Provision shall
Your
decision
whether
or
not
to
purchase
Account
Assure
won't
affect
your
of
all
amounts
owed
under
this
the
closing
of
th
application for credit or the terms of any existing credit agreement you have
legal
proceeding
and
any
bankruptcv
to
the
extent
consistent
with
bankruptcy
law.
In
the
event
of
conflict
stency
betwe
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
tion
Provision
on
the
one
hand,
and
the
applicable
arbitration
ru
balance
your
each
month
and
will
be
added
to
your
Statement
provisions
of
this
on
the
other
hand,
this
Arbitratio
We'll provide inform before you're required to pay for Ac-
Provis replaces any Prior Arbitration
count Assure This will include copy of the terms and conditions pertain-
13.
Severability:
any
portion
of
this
Arbitration
Provision.
other
ing
Account
Assure
Action Waiver, invalid or unenforceable, the remainir
You can cancel your Account Assure at any time.
nevertheless
remain
in
force.
a
determination
is
made
that
th
There are eligibility requirements conditions, and exclusions that could
pre-
Waiver only this sentence of the Arbitration Agr
you from receiving benefits under Account Assure.
force and the remaining provisions shall be null and void
Be sure to carefully read the Addendum for full explanation of the terms
the determin the Class Action Waiver be sul
of
Account
Assure
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
in
H. Communicating with us
Paragraph above on your own behalf (and not on behalf of a
(2)
we
refuse
provide
you
with
the
Communicating to you about your Account
relief
you
request;
and
(3
If
subsequently determines that you were entitled to such relief (or
we
need
contact
you
to
your
Account
or
to
collect
amounts
you
owe
to us you give direct consent to us, well servicers, agents, contractors and
the arbitrator shall award you at least $5,100 (plus any fees and
you are entitled).
collectors
of
your
Account
to
communicate
with
you
in
any
way,
such
as
calling
texting,
electronic
mail
via
1)
cell. landline, or text number you provide use to contact us or at which
comenity
Comenity Capital Bank, Salt Lake City, U
we believe we can reach you (even is not yours),
3788
2)
any electronic mail address you provide to us one of our merchants.
3)
automated dialer systems and automatic telephone dialing systems.
4)
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 federal law, and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high-qual ity 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
For Wisconsin residents:
are
married
please
contact
us
immediately
upon
receipt
of
this
Agreement
(TDD/TTY 1-888-819-1918) and provide us with the name
and address of your spouse We are required to inform your spouse that we have
opened credit account for you.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 25.74%.
(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
Transaction Fees
Promotional Fee
$9.95 for each promotional Credit Plan purchase.
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