Your HSN Credit Card account agreement.
894531014 (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 pay the ful amount you owe im-
Statement and information concerning your billing rights. Your
mediately or take any other action permitted by law. If applicable law requires
us we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your default
30 days of receiving this document, indicates your acceptance
Reporting a lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credit card or possible unauthor zed use
interest charges and fees.
of your card you should write to us immediately at PO Box 183003,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-3003 call us (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 not fy 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
o
Substantially affect your rights, including your right to
Your Account may consist of a non-promotional ("Regular Revolving" Credit
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary at our discretion
your records.
and include one or more Regular Revolving promotional Credit Plans.
In the following sections, you will find information on:
We may offer different promotional Credit Plans from time to time.
If promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An at-a-glance summary of the fees and charges
this Agreement will include information about the terms for the Plan. by use
associated
with
your
account
of an insert, attachment, or other written information provided as part of this
A. Getting started: the basics of your account
Agreement
B. Keeping your account in good standing: avoiding default, and what to do if
Normal late fees. returned payment fees and all other provisions apply to
your card lost stolen, applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account: credit plans, and credit limits, and how
Plan offering
payments calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo-
D. Interest. fees and charges when and how fees and costs are applied to your
tional period ends. the balance will be transferred to your Regular Revolving
account
balance.
E Other important information: legal rights, costs, and how we' handle
Promotional Credit Plans may include
changes
your
o Waive Interest, Payment Required
O Defer Interest Payment Required
F
Disputes and reporting to reporting agencies: data we provide,
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
and receive from consumer reporting agencies. and what to do you think
o Waive Interest Low Payment
o Low APR, Equal Payment
there
an
error
on
your
periodic
statement
o Defer Interest. Equal Payment
o Budget Payment
G. Optional products: how to protect your account from fraud or theft, and
Skip payment option
information 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.
Finance Charges will be durin the skip-payment period, but late
Arbitration and jury trial waiver: how we'l resolve disagreements, including
fee won't be imposed This will not be considered a waiver of any of the
jury waiver and Arbitration provision
rights
granted
by
this
Agreement.
Privacy statement: how we collect use, share, and protect your personal informa-
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
any time.
Interest Rates and Interest Charges
You may not exceed any Credit Limit that we set for your Account
Annual Percentage
26.99%
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
Your due date is at least 25 days after
You may cancel your Account. You're still obligated to pay the full amount
How to Avoid
the close of each billing cycle. We will
you owe
Paying Interest
not charge you interest on purchases if
We may cancel your Account at any time. for any reason.
you pay your entire balance by the due
We may refuse to authorize any purchase on your Account. We may also
date each month.
suspend your Account and your right to use your Card, including each Card
you give to others.
Minimum Interest
If you are charged interest, the charge
We may stop offering any Credit Plan at any time, for any reason
Charge
will be no less than $1.00 per credit
Cancellation or suspension of your Account doesn't negate your obligation to
pay
any
amount
you
owe
us.
plan
Cancellation of your Account includes each Card you give to others.
For Credit
To learn more about factors to consider
Minimum Payment
Card Tips from
when applying for or using a credit
You can pay all of your Account balance at any time without
the Consumer
card, visit the website of the Consumer
penalty.
Financial
You must pay at least the Total Minimum Payment for each billing period by
Financial Protection Bureau at http://
the Payment Due Date shown your Statement.
Protection Bureau
www.consumerfinance.gov/learnmore
The Minimum Payment is the total of the minimum payments for the
Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
Fees
The Total Minimum Payment won't be less than $25.00. your Account
balance less than $25.00, you must pay the amount indicated on your
Annual Fee
None
Statement full.
The minimum payment for each Credit Plan is calculated as follows:
Penalty Fees
o
The minimum payments for Regular Revolving Credit Plans, Waive
In-
Late Payment
Up to $35
terest, Payment Required and Defer Interest, Payment Required Credit
Returned Payment
Up to $25
Plans will the greater of:
(a) $5.00
How We Will Calculate Your Balance: We use a method called
(b) 5% (rounded to the nearest $1.00) of the New Balance shown
"daily balance." See your Account agreement for more details.
on your Statement for that Credit Plan.
o
Billing Rights: Information on your rights to dispute transactions
The minimum payment for the Waive Interest Equal Payment and
De-
fer Interest, Equal Payment Credit Plans will be the amount of the pur-
and how to exercise those rights is provided in your account
chase divided by the number of months between the date of the pur-
agreement.
chase and the promotiona period end date (minimum $5.00) rounded
up to the nearest $1.00
Rate Information The following chart provides details on your rate as of March 1,
o
The minimum payment for the Low APR, Equal Payment Credit Plan
2014. We divide the APR by 365 to determine the daily periodic rate.
will be the amount of the purchase including the calculated interest
charges that be assessed from the date of purchase through the
Add Index
APR
Daily Periodic Rate
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
Purchase APR
23.74%
26.99%
0.07394%
(minimum $5.00 rounded up to the nearest $1.00
We'll charge you al minimum interest charge of $1.00 per credit plan for any
o
The minimum payment for the Waive Interest Low Payment and Defer
billing period in which interest is due. For additional information, see Rates in
Interest, Low Payment Credit Plans will be the greater of:
Section
(a) $5.00
Minimum Payment:
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
The amount you must pay each billing period "Total Minimum Payment") is the
shown on your Statement for that Credit Plan.
total of minimum payments for Regular Revolving and promotional Credit Plan
Payment application
purchases plus any Past Due amounts. The Total Minimum Payment won't be
We reserve the right to apply payments equal to or less than the Total Mini-
less
than
$25.00
If
your
Account
balance
less
than
$25.00
you
must
pay
the
mum Payment however see fit. which may result in balances subject to
amount indicated on your billing statement ("Statement in full. The minimum
lower interest rates being paid prior to other balances This may also result
payment due for each Regular Revolving Credit Plan will be the greater of:
in higher interest charges.
(a) $5.00;
Any payment you make in excess of the required Total Minimum Payment
(b) 5% of the New Balance shown on your Statement for that
will allocated to your Account as required by applicable law.
Credit Plan (rounded to the nearest $1.00).
Excess payments received before deferred interest promotion expires are
See Minimum Payment in Section C below for promotional credit plan minimum
applied to the deferred interest promotional balance first in the last two bill-
payment calculations.
ing periods of the promotional period.
The APR information described below is accurate as of March 1, 2014. Due to
D. Interest. fees and charges
a change the index, this information may have changed. To find out more, cal
Interest charges
us 888-724-6649 (TDD/TTY: 1-888-819-1918) or write us at Comenity
Capital Bank, PO Box 183003, Columbus, Ohio 43218 or our website
you make purchase under a Regular Revolving Credit Plan, interest
at www.comenity.net/hsn.
charges won't be imposed in any billing period in which no Previous Bal
A. Getting Started
exists or (ii) payments received and credits issued by the Payment Due
Date. equal or exceed the Previous Balance
Definitions
If the New Balance shown your last Statement isn't paid in full by the
In this Agreement, "We, "Us' and "Our" mean Comenity Capital Bank. "You"
Payment Due Date shown on your last Statement, there will be an interest
and "Your" mean each person who submits application or solicitation for an
charge each purchase from the date of purchase
Account with us. "Account" means your credit card account with "Card"
If you make purchase under any Waive Interest Credit Plan, we
won't
means each credit card we issue for your Account as applicable "Credit Plan"
charge interest on the purchase if you pay the total purchase amount be-
means one or more payment program options HSN may ask us to offer from time
fore the the promotional period. you don't pay the total purchase
to time.
amount before the end of the promotional period, we'll add the remaining
Upholding your Agreement
amount your Regular Revolving balance. We'll also begin charging inter-
You agree to the terms of this Agreement, and promise to do everything
est the purchase from the first day after the promotional period ends
required of you If you sign or submit an application or solicitat ion to obtain
If you make purchase under any Defer Interest Promotional Credit Plan
credit from us, you' be legally bound by this Agreement. You're also legally
and don't pay the total amount before the end of the promotional period,
bound you sign charge slip, or permit someone else to use the credit
we'll add the remaining purchase amount and the amount of accrued inter-
provided.
est
to
your
Regular
Revolving
balance.
You agree that the credit extended under your Account will be used only for
If you make purchase under Low APR, Equal Payment Credit Plan,
personal, family or household purposes and not for business or commercial
interest will be assessed from the date of purchase through the end of the
purpose.
period.
If the Account is joint Account, you and the joint Account holder wil be
How we calculate Interest Charges on your Account
bound by this greement. Each you wil be jointly and individually respon-
We calculate interest separately for each Credit Plan, using a Daily Balance' to
sible for repaying all amounts due. more than one person is responsible
determine interest charges for each billing period. Our calculation method is as
for this Account, we will only provide billing statements and communica-
follows:
tions
one
you.
We start with the beginning balance on your Account each day (including
Any authorize user of your Account will be bound by the terms of this
unpaid interest charges and fees)
Agreement One additional Card may be issued with the individual name
We subtract any payments credit adjustments (treating any net credit
an authorized user embossed on the Card If you want to revoke the of
balance
as
zero
balance)
and
add
new
transact
and
debit
you Account authorized user, either write us at the address, or call us
posted as of that day This gives us the "Partial Daily for the day.
at the phone number, shown on your Statement.
We then multiply the Partial Daily Balance for the day by the Daily Periodic
You agree to all transactions made on your Account by an authorized
Rate This gives us the "Daily Interest Charge' for the day which we add to
user, whether or not such transactions were authorized by you or made for
the
day's
Partial
Daily
Balance
your benefit.
We've now the "Daily Balance which will be the beginning
Card signature (as applicable)
balance for the following day. This results in daily compounding of interest
For your own protection please sign your Card before using it Keep in mind that
charges
your signature on the Card isn't a prerequisite to your obligation to pay amounts
At the end of each lling period we add together each Credit Plan's Daily
incurred your Account.
Interest Charge, which gives us the total interest charge.
Using your Account
Your Statement show Balance Subject to Interest Rate which is the
Your Account may be used to make purchases from HSN and other retailers
sum of the Daily Balances for each day in the billing period divided by the
we may determine occasionally by notifying you via electronic mail, state-
total number of days.
Rates
ment message website posting, or other method
We reserve the right to not honor transactions related to. including, but
not
The Index in effect for each billing period will be the highest "Prime Rate"
limited to, gambling, ATM usage at casinos, and illegal activities.
of interest as published in the "Money Rates' section The Wall Street
Making payments
Journal for the calendar month preceding the month which the billing pe-
Pay your Account by sending check money order, or cashier's check pay-
riod begins, rounded upward if necessary to the nearest .001% ("Index" ).
able U.S. dollars, to the name and address shown on your Statement
Any variable APR may increase the Index increases
spec
for
payments
Please
don't
send
An increase or decrease the APR will result corresponding increase
Be sure to include your payment stub, do not staple your payment to the
or decrease in the amount of interest and may increase the Total Minimum
stub, use the envelope provided with your Statement and don't send any
Payment.
Other fees and charges
with
your
payment
If your payment doesn meet these requirements. it may not be credited to
You agree to pay the following fees and charges
your Account for up to five days, or may be rejected
Late Fee If don't pay at least the Minimum Payment Due by the Pay
All written concerning disputed amounts, including
any
ment Due Date will charge you late fee
check other payment marked with "payment in similar
o
The fee is $25.00 if you were not charged late fee during any of the
language, must be sent 6550 North Loop 1604 East, Suite 101, San
prior six billing periods.
Antonio, Texas 78247-5004.
o
Otherwise. the fee $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
of
our
rights.
immediately prior to the date on which the fee was
o
No payment shall operate as an accord and satisfaction without our
Returned Payment Fee We may char you fee for each payment that your
prior written approval
bank
doesn't
honor
for
any
reason
B. Keeping your account in good standing
o The fee $25.00 you were not charged returned payment fee dur-
ing
any
of
the
prior
six
billing
periods.
Avoiding default
o
This fee will never exceed the minimum payment due that was due
You'll be in default under this Agreement if you:
prior to the date on which the fee assessed.
Fail to make any paym 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 provide you with copy of any Statement sales draft
Become the subject of bankruptcy or insolvency proceedings
or similar 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 unwilling perform the terms or conditions of this Agreement
subject to any limitations of applicable law:
Fail supply with any information we deem necessary
o
Statement copy $6.00
Default under any other loan or agreement you have with us or any of our
0
Sales/Credit Draft copy $6.00
affiliates
o
Check/Money Order copy $6.00
Become incompetent
Alternative Payment Method Fee: We may offer alternative payment meth-
Exceed your Credit Limit
ods that allow you to make individual expedited payments to your Account
Issue a payment returned unpaid by your bank for any reason
over the phone. If you choose to use 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 $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 Agreem
To the extent not prohibited by applicable law, you agree to pay the reasonable
at 1-888-724-6649 (TDD/TTY 1-888-819-1918) and provide us with the na
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 we ha
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 Capital Ba
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, Bankrup
reject the change(s)
Department PO Box 183043, Columbus, Ohio 43218-3043.
Security Interest
I. Arbitration and jury trial waiver
You grant us security interest in all goods you purchase through the use of the
A.
Jury
trial
waiver
Account, now at any time in the future and in all accessions to and proceeds of
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT
such goods. We waive any security interest we may have in your principal dwell-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF R RELAT
ing. to the extent that would otherwise secure any obligation arising hereunder
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT
Changes to your information
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIV
You agree to notify us immediately of any changes to your name, mailing address,
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIV
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 claim
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 "Claim
MITTED OR REQUIRED BY APPLICABLE LAW.
the
party
asserting
the
Claim
(the
"Claimant"
shall
give
the
other
party
Transfer of Rights/Assignment
"Defendant") written notice of the Claim (a "Claim Notice and
Your rights under this Agreement can't be transferred by you, by operation of law
opportunity not less than 30 days, to resolve the Claim. Any Claim Notice to
or otherwise, but your obligations will be binding upon your estate or personal
shall
be
sent
in
writing
to
the
address
we
have
in
our
records
(or
any
updat
representatives. We may transfer or assign your Account and/or this
address you subsequently provide to us). Any Claim Notice to us shall be sent
any of our rights under this Agreement, to another person or entity at any time
to Comenity Capital Bank PO Box 182436 Columbus. Ohio 43218-24
without prior notice to you or your consent
(or any updated address we provide). Any Claim Notice
No Waiver of Rights
must provide your name address and ccount Any Claim Notice m
We can delay enforcing our rights under this Agreement without losing them.
explain
the
nature
the
Claim
and
the
relief
that
is
demanded
You
may
submit
Claim
Notice
your
behalf
and
Severability
behalf
of
any
other
par
If any provision of this Agreement is in conflict with applicable law. that provision
No third party, other than a lawyer you have personally retained, may submit
will be considered modified to conform with applicable
Claim Notice on your behalf The Claimant must reasonably cooperate in prov
Notice to New Jersey Residents
ing any information about the Claim that the other party reasonably requests.
C. Arbitration provision
All provisions of this agreement are valid, enforceable and applicable in New
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJE
Jersey.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH
F. Disputes and Reporting to Consumer Reporting Agencies
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTA
Credit Reports
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHI
You give us permission to investigate your credit record
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE
You agree that credit report may be requested in with
the
1. Your Right to Reject: If you don't want this Arbitration Provision (and
processing your credit application. A report may also be requested
prior arbitration between you and us ("Prior Arbitration
connection with credit extension, credit limit request, Account renewal or
apply, you may reject by mailing us written rejection notice which gives
update,
Account
collection
action,
or
dispute
investigation
Upon
request
name of each Cardholder and contains statement that you (both you, m
we will tell you the name and address of any consumer reporting agency that
than one) reject the Arbitration Provision of this Agreement. The rejection not
furnished
report
on
you.
You
consent
to
the
obtaining
of
such
reports
by
must be sent to at Comenity Capital Bank, PO Box 182422, Columbus, o
signing otherwise submitting application or solicitation
43218-2422. A rejection notice only effective if is signed by you (all of
You
understand
that
we
may
report
negative
information
(such
as,
late
pay-
if
more
than
one)
and
if
we
receive
within
thirty
(30)
calendar
days
after
ments, missed payments, or other defaults) about your Account to consumer
date we first provide you with credit card agreement written notice providi
reporting agencies.
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
Arbitrat
You give us permission to provide information about your Account to con-
Provision will not affect any other provision of this Agreement or your ability
sumer reportir 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 Provis
Credit report disputes
(and not elsewhere this Agreement), the terms 'us' and "our"
If you believe the Account information we reported to consumer reporting agen-
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and
cy is inaccurate, you may submit direct dispute to Comenity Capital Bank, PO
employees,
and
of
such
(the
Bank
Parties
Box 182120, Columbus, Ohio 43218-2120.
(b) any other person company that provides any services in
Your written dispute must provide sufficient information to identify the Account
this Agreement you assert Claim against such other person or company at
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 controversy
betwe
Contact Information: Your address and telephone number
you
and
us
that
any
way
arises
from
or
relates
to
this
Agreement,
the
Accou
Disputed Information: Identify the Account information disputed and ex-
the issuance of any Card, any rewards program, any prior agreement accou
plain why you believe inaccurate
"Claim'
includes
disputes
arising
from
actions
prior
to
the
Supporting Documentation: If available provide copy of the section of the
any Card issued you, including the advertising related to, application
credit report showing the Account information you are disputing
or
approval
of
the
Account.
"Claim'
has
the
broadest
possible
meaning,
We will investigate the disputed information and report the results to you within
includes initial claims, counterclaims, cross claims and third party claims
30 days of receipt of the needed for our investigation. we find that
includes
disputes
based
upon
contract
tort,
consumer
rights,
fraud
and
otl
the Account information we reported is we will promptly provide the
intentional torts, constitution. statute. regulation, ordinance, common law
necessary correction to each consumer reporting agency to which we reported
equity
(including
any
claim
for
injunctive
or
declaratory
relief).
"Claim"
does
the information.
include disputes about the validity, coverage or scope this Ar
Your Billing Rights: Keep This Document For Future Use
tration
Provision
any
part
thereof
(including,
without
the
This notice tells you about your rights and our responsibilities under the Fair
against class proceedings, private attorney general proceedings and/or multi
Credit Billing Act
party proceedings described in Paragraph C.7 (the "Class Action Waiver
What To Do If You Find A Mistake On Your Statement
last sentence of Paragraph 13 and/or this sentence); all such disputes are
you think there an error on your statement. write to us at: Comenity Capital
a court and not arbitrator to decide However, any dispute or argument
Bank, PO Box 182620, Columbus, Ohio 4321 2620
concerns the validity or enforceability of the Agreement as whole is for
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 the suspected error.
to any Claim, even that party has already initiated lawsuit with respect
Description of you think there an error on your bill, describe
different
Claim.
Arbitration
is
started
by
giving
written
demand
for
arbitrat
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 that
You must contact
bring
against
small
claims
court
or
your
state's
equivalent
court,
if
any.
Within 60 days after the error appeared on your statement
if that Claim is transferred removed or appealed to a different court, we
At least 3 business days before an automated payment is scheduled if you
have
the
right
to
demand
arbitration
want
to
stop
payment
on
the
amount
you
think
wrong.
5. Choosing the Administrator: "Administrator" means the American Arbitrat
You must notify us any potential errors in writing. You may call us, but if you
Association 1633 Broadway, 10th Floor New York, NY 10019
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 10018
the amount question
jamsadi any other company selected by mutual agreement of the
What Will Happen After We Receive Your Letter
ties. If both AAA and JAMS cannot or will not serve and the parties
When receive your letter, we must do two things:
to select an Administrato by mutual consent, the Administrator will be select
1 Within 30 days of receiving your letter. we must tell you that we received
your
by
court.
The
arbitrator
will
be
appointed
by
the
Administrator
accordar
letter. We tell you if we have already corrected the error.
with the rules of the Administrator. However, the arbitrator must be retired
2. Within 90 days of receiving your letter, we must either correct the error or
former
judge
lawyer
with
least
10
years
experience
You
get
select
explain to you why we believe the correct.
Administrator if you give us written notice of your selection with your notice
While we investigate whether not there has been an error:
you are electing to arbitrate any Claim or within 20 days after we give not
We cannot try to collect the amount in question, or report you as delinquent
electing to arbitrate any Claim (or if you dispute our right requ
on that amount
arbitration
of
the
Claim,
within
20
days
after
that
dispute
is
finally
resolve
The charge in question may remain on your statement, and we may continue
If you do not select the Administrator time. we may do Notwithstand
to charge you interest on that amount.
any
language
in
this
Arbitration
Provisio
to
the
contrary,
no
arbitration
may
While you do not have to pay the amount in question, you are responsible for
administered the consent of all to the arbi tration by any Adm
the remainder of your balance
istrator that has place a formal or informal policy that is inconsistent with
We can apply any unpaid amount against your credit limit.
Class
Waiver
After we finish our investigation one of two things will happen:
6.
Court
and
Jury
Trials
Prohibited:
Other
Limitations
on
Legal
Rights:
IF
Y
If we made mistakes You will not have to pay the amount in question or any
OR ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT
interest or other fees related to that amount.
PURSUE THAT CLAIM IN COURT OR HAVE JURY DECIDE THE CLAIM. ALS
If we do not believe there was a mistakes will have to pay the amount
in
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN
question along with applicable interest and fees. We will send you state-
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HA
ment
of
the
amount
you
owe
and
the
date
payment
due.
We
may
then
IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
report
you
not
pay
the
amount
we
think
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO AR
you
If
you
receive
our
explanation
but
still
believe
your
bill
TRATE
A
CLAIM:
(1)
NEITHER
YOU
NOR
WE
MAY
PARTICIPATE
IN
CLA
wrong
you
must
to
within
10
days
telling
us
that
you
refuse
to
pay.
you
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHER AS PLA
report you delinquent without also reporting that are questioning bill.
TIFF, DEFENDANT OR CLASS MEMBER (2) NEITHER YOU NOR WE MAY A
must tell the name of anyone to whom we reported you as delinquent
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION:
and we must let those organizations know when the matter has been settled
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
CONSO
between
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON
do not follow all of the above. you do not have to pay the first $50 of
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDU
the
amount
you
even
your
bill
correct
A LASS-WIDE RBITRATION PRIVATE ATTORNEY GENERAL ARBITRATI
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
OR MULTIPLE-PARTY ARBITRATION
If
are
dissatisfied
with
the
goods
or
services
that
you
have
purchased
with
8. Location and Costs of Arbitration: Any arbitration hearing that you atte
your credit card. and you have tried in good faith to correct the problem with the
must take place at location reasonably convenient to you. We will pay any
merchant, you may have the right not to pay the remaining amount due on the
all
fees
of
the
Administrator
and/or
the
arbitrator
if
applicable
law
requires
purchase.
to. if you prevail in the arbitration or if we must bear such fees in order for
To use this right, all of the following must be true:
Provision to be enforced. If you demand will
1. The purchase must have been made your home state or within 100 miles
your reasonable attorneys and experts' fees you prevail or we must bear
of your current mailing address, and the purchase price must
fees in order for this Arbitration Provision to be enforced. Also, we will bear
than $50. (Note: Neither of these are necessary your purchase was based on
fees if applicable law requires us to
anvertisement we mailed to you, or we own the company that sold you the
9. Governing Law: This Arbitration Provision involves interstate commerce
goods or services.
is governed by the Federal Arbitration Act, 9 U.S.C. (the "FAA"),
2. You must have used your credit card for the purchase Purchases made with
not
by
any
state
arbitration
law.
The
arbitrato
must
apply
applicable
substant
cash advances from an ATM or with a check that accesses your credit card ac-
law with the FAA and applicable statutes and
count do not qualify
privilege at law The arbitrator may award any remedy provided by
You must not vet have fully paid for the purchase.
substantive law that would apply if the action were pending in court
If of the criteria above are met and you are still dissatisfied with the purchase,
without limitation, punitive damages which shall governed by the Consti
contact us writing at:
tional standards employed by the courts). At the timely request of either
Comenity Capital Bank
the arbitrator must provide a brief written explanation of the basis for the awa
PO Box 182620, Columbus, Ohio 43218-2620
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
to
obtain
discov
While we investigate, the same rules apply to the disputed amount as discussed
pursuant to the arbitration rules of the Administrator either party sub
above
After
we
finish
our
investigation,
we
will
tell
you
our
decision
At
that
a written request to the arbitrator to expand the scope of discovery normally
point. if we think you owe an amount and you do not pay, we may report you as
lowable under the arbitration rules the Administrator The arbitrator shall
delinquent.
discretion to grant deny that request.
G. Optional products
11. Arbitration Result and Right of Appeal: Judgment
upon
arbitrato
award
may
be
entered
by
any
court
having
jurisdiction.
The
arbitrator's
decis
Credit insurance (as applicable)
is fina and binding, except for any right of appeal provided by the FAA. Howev
Purchasing
credit
insurance
is
optional
If
you
do
choose
to
carry
credit
insurance
if
the
amount
of
the
Claim
exceeds
$50,00
or
involves
request
for
injunct
coverage, the premium will be added to your Account as purchase on
or declaratory that could eeably involve cost or benefit to
the last day each billing period. You cancel your coverage at any time
xceeding
any
party
can.
within
30
days
after
the
entry
of
the
Account Assure Debt cancellation (as applicable)
by the arbitrator appeal the award to ree-arbitrator panel by
Purchasing Account Assure is optional
Administrator. The panel shall reconsider anew any aspect of the initial aw
Your decision whether or not to purchase Account Assure won't affect your
requested by the appealing party. The decision of the panel shall by
application for credit or the terms of any existing credit agreement you have
vote. Reference in this Arbitration Provision to "the arbitrator' mean
with
panel
if
an
appeal
of
the
arbitrator's
decision
has
been
taken.
The
costs
of
The monthly fee for Account Assure is based on the outstanding monthly
appeal wil be borne in accordance with Paragraph C.8. above.
balance on your Account each month and will be added to your Statement.
12.
Rules
of
Interpretation:
This
Provision
shall
survive
the
rep
We'll
provide
additional
information
before
you're
required
to
pay
for
Ac-
ment of all amounts owed under this Agreement, the closing of the Account,
count Assure. This will include copy of the terms and conditions pertain-
legal
proceeding
and
any
bankruptcy
to
the
extent
consistent
with
applica
ing
to
Account
Assure
bankruptcy
law.
In
the
event
of
conflict
or
inconsistency
between
this
Arbit
You can cancel your Account Assure at any time.
tion Provision on the one hand, and the applicable arbitration rules or the ot
There are eligibility and exclusions that could pre-
provisions of this Agreement on the other hand. this Arbitration Provision
vent you from receiving benefits under Account Assure.
govern.
This
Arbitration
Provisi
replaces
any
Prior
Arbitration
Agreement
Be sure carefully read the Addendum for a full explanation of the terms
13. Severability: If any portion of this Arbitration Provision other the Cla
of Account Assure
Action
Waiver
invalid
or
unenforceable
the
remaining
portions
H. Communicating with us
nevert theless remain in force. If a determination IS made that the Class Act
Waiver is unenforceable, only this sentence of the Arbitration Agreement
Communicating to you about your Account
main in force and the remaining provisions shall be null and void, provided
If we need to contact you service your Account or to collect amounts you owe
the determination concerning the Class Action Waiver shall be subject to appe
to us you give direct consent to us as well servicers, agents, contractors and
14.
Special
Payment:
If
(1)
you
submit
Claim
Notice
in
accordance
collectors of your Account, to communicate with you in any way, such as calling,
Paragraph B above on your own behalf (and not on behalf of any other par
texting, or electronic mail via:
(2)
we
refuse
to
provide
you
with
the
relief
you
request;
and
(3)
arbitra
1)
cell, landline, text number you provide, use to contact us. or at which
subsequently determines that you were entitled to such relief (or greater relie
we believe we can reach you (even not yours),
the arbitrator shall award you at least $5,100 (plus any fees and costs to wh
2)
any electronic mai address you provide to one of our merchants,
you are entitled)
automated
dialer
systems
and
automatic
telephone
dialing
systems,
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
138ALLR030
state or federal law, and you understand that this may result in additional mobile,
894531014 (03/1
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 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $25
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method