maurices Credit Card - Legal Docs (2024)

Your purchase of Account Assure is optional. Whether or not you purchase Account Assure will not affect your application for credit or the terms of any existing Credit Card Agreement you have with Comenity Bank.

The fee for Account Assure is only $1.99 per $100 of your monthly statement balance, which is your balance on the last day of each billing period. This fee is charged even if you pay off the balance in full by the payment due date. If your statement balance is zero, there is no fee charged for that month.

You have the right to cancel Account Assure at any time. The Bank has the right to cancel Account Assure in the following circ*mstances:

• Your Protected Account becomes ninety days or three billing cycles past due;
• We determine that your Protected Account was not in Good Standing as of the date of your requested enrollment in Account Assure;
• You pass away (although this will not prevent your estate from receiving Benefits earned prior to or as a result of your Loss of Life);
• At any time you cease to be a United States resident; or
• We determine that you have provided us or the Plan Administrator with any misleading, false, incomplete or incorrect information; or
• As otherwise stated in the Terms and Conditions.

There are eligibility requirements, conditions, and exclusions that could prevent you from receiving Benefits under Account Assure. You may find a complete explanation of the eligibility requirements, conditions and exclusions in the Account Assure Terms and Conditions Addendum below. Whether or not you qualify for all the Benefits, the fee for Account Assure is still $1.99 per $100 of your monthly statement balance which is your balance on the last day of each billing period.

Account Assure Terms and Conditions

Please read these terms and conditions carefully. They explain provisions, limitations and procedures applicable to Account Assure.

Account Assure is an optional addendum to the Credit Card Agreement (“Agreement”) for the Account referenced on the welcome letter (“Protected Account”). Capitalized terms not defined in these Account Assure Terms and Conditions (“Terms and Conditions”) refer to defined terms in your Agreement and are incorporated herein.

In consideration of a monthly fee and in accordance with these Terms and Conditions the Eligible Account Balance on a Protected Account may be canceled if you experience an Eligible Event.

As used in these Terms and Conditions, “you” and “your” mean the Primary Cardholder and/or the Joint Cardholder (if applicable) on the Protected Account.

1. Definitions

   Authorized User

   means a person authorized to use the Protected Account who is not responsible for payment obligations on the Protected Account. Authorized Users are not eligible for any Benefits under these Terms and Conditions.

   Benefit

   means the cancellation of the Eligible Account Balance on a Protected Account in accordance with these Terms and Conditions.

   Benefit Form

   means a document available from the Plan Administrator that must be submitted to verify an Eligible Event and process a Benefit.

   Date of Loss

   means the date in relation to which the Eligible Account Balance will be determined for purposes of assessing the Benefit to which you may be entitled.

   1. For ImportantInvoluntary Unemployment, the Date of Loss is the date you were involuntarily separated from employment.
   2. For ImportantDisability, the Date of Loss is the date on which you first became unable to perform the major duties of your occupation or unable to pursue your critical daily activities such as communicating, walking, or self-care, due to a physical or mental impairment, as verified by your licensed health care provider.
   3. For ImportantFamily Leave of Absence, the Date of Loss is the first day you were absent from Permanent Full-Time Employment, without pay, due to caring for an immediate family member (your spouse, parent, or child) with a serious medical condition; the birth of your child; the adoption of your child; active military duty due to mandatory recall or call to active duty; jury duty; or residing in a county that has been declared a disaster area by the Federal Emergency Management Agency (FEMA).

   4. For Loss of Life, the Date of Loss is the date of your death or the date the Plan Administrator is notified of the death in the event we do not have the date of death on record.

   5. For ImportantIdentity Theft, the Date of Loss is the date on which you completed the police report for unauthorized use of your personal data.
   6. For ImportantHospitalization, the Date of Loss is the date on which you are first admitted to a Hospital.

   Eligible Account Balance

   means the account balance owed on your Protected Account at the end of the day before the Date of Loss, except for Loss of Life. For Loss of Life, the Eligible Account Balance is the account balance owed on your Protected Account as of the date of your death provided on the death certificate or the date the Plan Administrator is notified of the death in the event we do not have the date of death on record. Only credit card transactions, charges and fees posted to your Protected Account before the Date of Loss qualify. The posting date can vary from the actual date of purchase.

   Eligible Event

   means Involuntary Unemployment, Disability, Family Leave of Absence, Loss of Life, Identity Theft, or Hospitalization, as defined below.

   1. ImportantInvoluntary Unemployment means you suffer a loss of income as a result of an involuntary loss of Permanent Employment due to lay-off, employer termination, generalized strike, unionized labor dispute or lockout. To qualify for Involuntary Unemployment Benefits, you must have been either
   2. ImportantInvoluntary Unemployment means you suffer a loss of income as a result of an involuntary loss of Permanent Employment due to lay-off, employer termination, generalized strike, unionized labor dispute or lockout. To qualify for Involuntary Unemployment Benefits, you must have been either
      1. engaged in Permanent Full-Time Employment immediately preceding the Date of Loss and involuntarily unemployed for at least 30 consecutive days or
      2. engaged in Permanent Part-Time Employment immediately preceding the Date of Loss, employed for 60 consecutive days prior to the unemployment, and involuntarily unemployed for at least 30 consecutive days.
   3. ImportantDisability means you become unable to perform the major duties of your occupation or are unable to pursue your critical daily activities such as communicating, walking, or self-care, due to a physical or mental impairment that is not self-inflicted for at least 30 consecutive days as verified by your licensed health care provider, who provided you continuous care.
   4. ImportantFamily Leave of Absence means you are absent without pay for at least 30 consecutive days from Permanent Full-Time Employment, due to caring for an immediate family member (your spouse, parent, or child) with a serious medical condition; the birth of your child; the adoption of your child; active military duty due to mandatory recall or call to active duty; jury duty; or residing in a county that has been declared a disaster area by FEMA.

   5. Loss of Life means the loss of life of the Primary Cardholder.

   6. ImportantIdentity Theft means you were the victim of identity theft due to the unauthorized use of your name, social security number, credit card number, bank account number, or other personally identifying information resulting in your reporting the identity theft to law enforcement.
   7. ImportantHospitalization means you are admitted to a Hospital and stay overnight for at least three consecutive nights.

   Eligibility Date

   means the date on which you become eligible to receive a Benefit.

   1. For ImportantInvoluntary Unemployment, the Eligibility Date is the date that is 30 days after Involuntary Termination of your Permanent Employment.
   2. For ImportantDisability, the Eligibility Date is the date that is 30 days after you became disabled, as verified by your licensed health care provider.
   3. For ImportantFamily Leave of Absence, the Eligibility Date is the date that is 30 days after your unpaid leave of absence from Permanent Full-Time Employment began.

   4. For Loss of Life, the Eligibility Date is the date of your death provided on the death certificate or the date the Plan Administrator is notified of the death in the event we do not have the date of death on record.

   5. For ImportantIdentity Theft, the Eligibility Date is the date on which the police report is completed for unauthorized use of your personal information.
   6. For ImportantHospitalization, the Eligibility Date is the day after your third consecutive night of hospitalization.

   Enrollment Date

   means the date of your enrollment in Account Assure, which is printed on your welcome letter.

   Good Standing

   means your Protected Account is less than 90 days past due.

   Hospital

   means any licensed medical hospital, acute care facility, convalescent nursing facility, residential drug facility, psychiatric facility, hospice facility, or licensed nursing home.

   Involuntary Termination

   means unemployment resulting from lay-off, employer termination, generalized strike, unionized labor dispute or lockout.

   ImportantJoint Cardholder

   means a cardholder who is jointly responsible with the Primary Cardholder for payment obligations on the Protected Account. A Joint Cardholder is not eligible for any Benefits under these Terms and Conditions.

   Monthly Statement Balance

   means the “New Balance” on your monthly statement for the Protected Account—in other words, your Account balance on the last day of each billing period.

   Permanent Employment

   means Permanent Full-Time Employment or Permanent Part-Time Employment.

   Permanent Part-Time Employment

   means 20 hours or more per week of paid permanent employment.

   Plan Administrator

   provides customer assistance for the Account Assure plan and can be contacted for inquiries regarding the plan by calling toll free 1-866-810-8683, 9:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays) or by visiting www.accountassure.com.

   Primary Cardholder

   means the cardholder who is listed first on the monthly statement for the Protected Account.

2. Additional Eligibility Requirements

   Subject to these Terms and Conditions, the Primary Cardholder may be eligible for each Benefit type. Benefits will not be provided due to a Joint Cardholder or an Authorized User experiencing an Eligible Event.

   In addition to all other requirements in these Terms and Conditions, you must also meet the requirements for each specific Benefit in order to qualify for a Benefit and:

   • Your Protected Account must be in Good Standing as of the Date of Loss;
   • You must notify the Plan Administrator of the Eligible Event within 12 months from the Eligibility Date;
   • You must be enrolled in Account Assure at the time of the Eligible Event for which you are seeking a Benefit; and
   • You must be a resident of the United States.

   ImportantInvoluntary Unemployment

   • For each Benefit, you must experience involuntary unemployment for at least 30 consecutive days from the Date of Loss, including the Date of Loss.
   • In the event of involuntary loss of Permanent Full-Time Employment, you must have been engaged in Permanent Full-Time Employment on the Date of Loss.
   • In the event of involuntary loss of Permanent Part-Time Employment, you must have been engaged in Permanent Part-Time Employment continuously for the 60 days preceding the Date of Loss.
   • Your loss of Permanent Employment must be due to Involuntary Termination.
   • You are not eligible for a Benefit for loss of employment due to voluntary forfeiture of employment, salary, wages, or employment income; resignation; retirement; termination of seasonal employment; scheduled termination or expiration of an employee contract; furlough; or willful or criminal misconduct.
   • Seasonal, temporary, furlough and contract employment and volunteer work are not eligible for Involuntary Unemployment Benefits.
   • Your employer must have been required to make contributions for your employment to the state unemployment insurance fund (or an equivalent payment under the laws of your state).
   • If you are self-employed, you must be eligible for state unemployment benefits.
   • Once you have been granted a Benefit for Involuntary Unemployment, you must regain Permanent Employment for at least 30 consecutive days before you will be considered eligible for another Involuntary Unemployment Benefit.

   ImportantDisability

   • You must be under the continuous care of a licensed health care provider during the disability period who must verify your Disability in writing.
   • You will not be eligible for a Disability Benefit if your Disability is a result of a self-inflicted injury.
   • For each Benefit, you must have a Disability for at least 30 consecutive days from the Date of Loss, including the Date of Loss.
   • Once you have been granted a Disability Benefit, you will not be eligible for another Disability Benefit for 12 months due to another Disability with a similar physical or mental impairment. The 12 month period starts from the Date of Loss of the previously approved Disability Benefit.

   ImportantFamily Leave of Absence

   • You must have been engaged in Permanent Full-Time Employment immediately prior to the Date of Loss. Full-time paid employment necessary to be eligible for a Family Leave of Absence Benefit cannot be self-employment or employment by a Joint Cardholder.
   • Seasonal, temporary and contract employment and volunteer work are not eligible for Family Leave of Absence Benefits.
   • You will not be eligible for a Family Leave of Absence Benefit if you relocated your residence to a county that has been declared a disaster by FEMA after the date of the disaster declaration.
   • Once you have been granted a Family Leave of Absence Benefit, you will not be eligible for another Family Leave of Absence Benefit for 12 months due to another Family Leave of Absence where the reasons for the Family Leave of Absence are similar. The 12-month period starts from the Date of Loss of the previously approved Family Leave of Absence Benefit.
   • Once you have been granted a Family Leave of Absence Benefit, you must return to Permanent Full-Time Employment for at least 30 consecutive days before you will be considered eligible for another Family Leave of Absence Benefit.

   ImportantLoss of Life

   • Someone must provide a copy of a death certificate on your behalf.

   ImportantIdentity Theft

   • You must be a victim of the unauthorized use of your name, social security number, credit card number, bank account number, or other personally identifying information, and as a result of that unauthorized use, you must report the identity theft to law enforcement.
   • Once you have been granted an Identity Theft Benefit, you will not be eligible for another Identity Theft Benefit for three months following a previously approved Identity Theft Benefit. The three-month period starts from the Date of Loss of the previously approved Identity Theft Benefit.

   ImportantHospitalization

   • You must be hospitalized for at least three consecutive nights in a Hospital.
   • Once you have been granted a Hospitalization Benefit, you will not be eligible for another Hospitalization Benefit for 12 months for hospitalization related to the same underlying medical condition leading to the previous hospitalization for which you received a Benefit. The 12-month period starts from the Date of Loss of the previously approved Hospitalization Benefit.

3. Required Documentation

   In addition to a completed Benefit Form, we may require additional documentation described in the subsequent section below so that we can evaluate your eligibility for a Benefit. Benefit Forms and other required documentation must be sent within 45 calendar days of the Benefit request.

   1. ImportantInvoluntary Unemployment: You must provide proof of unemployment with a copy of your unemployment benefit check stub, benefit statement, or documentation of your registration with a recognized employment agency or state unemployment office and by having the employer’s statement completed on your Benefit Form. In the event the cause of unemployment provided by the state unemployment office and the employer contradict each other, the state unemployment office information shall overrule the employer information. In the event of a strike, labor dispute or lockout, a union representative or designated individual must sign a form specifying the situation involving the unemployment.
   2. ImportantDisability: The licensed health care provider who is providing you with continuous care must verify the Disability in writing. You must provide your licensed health care provider’s written verification.
   3. ImportantFamily Leave of Absence: You must provide a written statement from your employer that you are taking unpaid leave.

   4. Loss of Life: A death certificate must be provided.

   5. ImportantIdentity Theft: A police report must be provided verifying that the Identity Theft was reported to law enforcement.
   6. ImportantHospitalization: A copy of documentation that verifies your Hospital stay must be provided.

4. Benefit Amount and Application of Benefits to Protected Account

   1. If the Plan Administrator verifies your Eligible Event and determines that you have met all of the requirements for a Benefit, your Protected Account will be credited in the amount of the Eligible Account Balance.
   2. Your Protected Account will be credited in the amount of the Eligible Account Balance even if your Eligible Account Balance exceeds the account balance owed on your Protected Account at the time the credit is applied and results in a credit balance. You will not be reimbursed directly. Should you have a credit balance on your account, you may contact the number on the back of your credit card to request a refund check or the customer service phone number on page two of your monthly billing statement.
   3. You must continue to make the monthly minimum payment due in accordance with your Agreement while your Benefit request is being processed.

5. How to Request a Benefit

   1. To request a Benefit, notify the Plan Administrator by calling toll-free 1-866-810-8683, 9:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays) or visit www.accountassure.com. The Benefit Form will be sent via U.S. Mail to the address on record for the Protected Account. Completed Benefit Forms and required documentation may be mailed to: Account Assure, Plan Administrator, P.O. Box 740237, Atlanta, GA 30374-0237 or uploaded at www.accountassure.com. The Benefit Form and other required documentation must be received within 45 calendar days of the Benefit request. If you have any questions, contact the Plan Administrator by calling the toll-free number noted above.
   2. We may deny or revoke a Benefit at any time if:
      1. we determine that you have provided us or the Plan Administrator with any misleading or false information on the Benefit Form;
      2. the Plan Administrator does not receive the Benefit Form or required documentation within 45 days of the Benefit request;
      3. the Benefit Form or required documentation is incomplete and you fail to provide the missing information we request within the time period we give you to provide it; or
      4. you do not qualify for the Benefit, in accordance with these Terms and Conditions.

6. Multiple Eligible Events

   1. If a second Eligible Event with a different Date of Loss occurs prior to the Eligibility Date for the first Eligible Event, the Benefit for the second Eligible Event will be reduced by the amount of the Benefit credited to the Protected Account for the first Eligible Event.

7. Waiver of Requirements

   1. We reserve the right to waive any of the requirements described in these Terms and Conditions, at our discretion. If we do so, we will not be obligated to waive the same requirement in any other situation or for any other cardholder, and our waiver of one or more requirements will not constitute a waiver of any other requirement.

8. Account Assure Cancellation and Termination

   1. If your Protected Account becomes 90 days or three billing cycles past due, we will suspend your enrollment in Account Assure. We will not charge you Account Assure fees and you will not be eligible to receive Benefits for any Eligible Event with a Date of Loss while your enrollment was suspended. We will automatically reinstate your enrollment and resume charging Account Assure fees when we determine that your Protected Account is current again.
   2. We may cancel your Account Assure protection at any time. Your enrollment will automatically terminate without written notice if:
      1. your Protected Account is noted with a derogatory or negative status, such as but not limited to: fraud, write-off, returned payments or bankruptcy:
      2. we determine your Protected Account was not in Good Standing as of the date of your requested enrollment in Account Assure;
      3. you die (although this will not prevent your estate from receiving Benefits earned prior to or as a result of your Loss of Life),
      4. you at any time cease to be a United States resident;
      5. we determine that you have provided us or the Plan Administrator with any misleading, or false information; or
      6. as otherwise stated in these Terms and Conditions.
   3. Cancel your Account Assure protection at any time by contacting the Plan Administrator toll free at 1-866-810-8683 or by visiting www.accountassure.com. If you cancel Account Assure and notify the Plan Administrator within the first 30 calendar days after your Enrollment Date, any Account Assure fees you have been billed will be refunded. You are not entitled to any fee refunds after the first 30 days after enrollment. Receiving a refund of Account Assure fees will shorten your protection period by the number of months for which refunded fees were received.
   4. Upon automatic termination or cancellation by us or by you, you will not be eligible to receive Benefits for any Eligible Event with a Date of Loss on or after the date of termination or cancellation.

9. Account Assure Fees

   1. The monthly fee for Account Assure is $1.99 per $100 of your Monthly Statement Balance. For example, if your Monthly Statement Balance is $200, an Account Assure fee of $3.98 would be charged to your Protected Account. This fee is charged even if you pay off the balance in full by the payment due date. If your Monthly Statement Balance is zero, there is no fee charged for that month.

   2. Whether or not you qualify for all the Benefits, the fee for Account Assure is still $1.99 per $100 of your Monthly Statement Balance.

   3. The fee will appear on your monthly statement for the Protected Account.
   4. If you have a purchase on an equal payment Credit Plan, the Account Assure fees could increase the amount of the minimum payment due each month.

10. Change in Terms

    1. We may change these Terms and Conditions at any time.

11. Potential Tax Impact

    1. Any credit to your Protected Account as a result of qualifying for a Benefit may be considered taxable income to you or your estate. If you have questions about the potential tax impact to you or your estate, you should consult your tax advisor.

12. Arbitration Provision and Jury Trial Waiver

    1. Arbitration Provision and Jury Trail Waiver of your Agreement are incorporated into these Terms and Conditions. In the event of a dispute between you and us:
       1. the Jury Trial Waiver will eliminate the right to a trial by jury; and
       2. the Arbitration Provision will substantially affect your rights, including your rights to bring, join in, or participate in class proceedings. You should read the Arbitration Provision and Jury Trial Waiver of your Agreement carefully.

13. Other Provisions

    1. All other provisions of your Agreement remain in full force and effect.