Account Assure Pro 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 Pro 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 or the Eligible Minimum Payment Due 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 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 or the Eligible Minimum Payment Due 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 or Eligible Minimum Payment Due will be determined for purposes of assessing the Benefit to which you are entitled.
- For Involuntary Unemployment, the Date of Loss is the date you were involuntarily separated from employment.
- For Disability, the Date of Loss is the date on which you first became totally 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.
- For Family Leave of Absence, the Date of Loss is the first day you were absent from Permanent Full-Time paid 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).
- 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.
- For Identity Theft, the Date of Loss is the date on which you completed the police report for unauthorized use of your personal data.
- For Hospitalization, 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 Minimum Payment Due is the greater of the monthly payment due on your Protected Account immediately before the Date of Loss or the monthly payment due as of the date the Benefit claim is approved. Thereafter, the Eligible Minimum Payment Due for such Eligible Event will be re-determined on a monthly basis as the greater of the then-current monthly payment due on your Protected Account in such month or the monthly payment due immediately before the Date of Loss, and will continue to be credited each month up to the Maximum Period of Benefits so long as you meet the qualification and eligibility requirements, and the Plan Administrator continues to receive completed Monthly Benefit Continuation Forms, if required pursuant to Section 3 the Required Documentation section below.
Eligible Event means Involuntary Unemployment, Disability, Family Leave of Absence, Loss of Life, Identity Theft, or Hospitalization, as defined in the subsequent section below.
- Involuntary 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.
- Disability 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 sickness or injury including 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.
- Family 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.
- Loss of Life means the loss of life of the Primary Cardholder.
- Identity 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.
- Hospitalization 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.
- For Involuntary Unemployment, the Eligibility Date is the date that is 30 days after Involuntary Termination of your Permanent Employment.
- For Disability, the Eligibility Date is the date that is 30 days after you became disabled, as verified by your licensed health care provider.
- For Family 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.
- 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.
- For Identity Theft, the Eligibility Date is the date on which the police report is completed for unauthorized use of your personal information.
- For Hospitalization, the Eligibility Date is the day after your third consecutive night of hospitalization.
Enrollment Date means the date of your enrollment in Account Assure Pro, 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.
Joint Cardholder means a cardholder who is jointly responsible with the Primary Cardholder for the payment obligations on the Protected Account. A Joint Cardholder is not eligible for any Benefit under these Terms and Conditions
Maximum Period of Benefits means the maximum number of months for which you may be entitled to receive a Benefit for a particular Eligible Event. The Maximum Period of Benefits for Involuntary Unemployment from Permanent Full-Time Employment, Disability, Family Leave of Absence, and Hospitalization is twelve months per Eligible Event. The Maximum Period of Benefits for Involuntary Unemployment from Permanent Part-Time Unemployment is six months per Eligible Event. The Maximum Period of Benefits for Identity Theft is three months per Eligible Event.
Monthly Benefit Continuation Form means one or more documents that, if required pursuant to Section 3 The Required Documentation section below, we will send to you along with your Benefit approval notice, which you must complete and return to us to verify the continuation of an Eligible Event.
Monthly Statement Balance means the "New Balance" on the 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 Full-Time Employment means 30 hours or more per week of paid permanent 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 Pro program and can be contacted for inquiries regarding the program by calling toll free 1-800-695-1346, 9:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays) or by visiting www.myaccountassure.com.
Primary Cardholder means the cardholder who is listed first on the monthly statement for the Protected Account.
Protected Account means a Comenity Bank Credit Card account for which an Account Assure Pro Terms and Conditions is in effect.
2) Additional Eligibility Requirements
Subject to the additional Terms and Conditions, the Primary Cardholder may be eligible for each Benefit type listed in the subsequent section below. 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 the subsequent section below in order to qualify for a Benefit:
- 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 Pro at the time of the Eligible Event for which you are seeking a Benefit
- You must be a resident of the United States.
Involuntary Unemployment
- Your loss of Permanent Employment must be due to Involuntary Termination.
- In the event of involuntary loss of Permanent Full-Time Employment, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due up to the Maximum Period of Benefits, subject to the continuation of the Eligible Event. To be eligible for this Benefit, 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, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due up to the Maximum Period of Benefits, subject to the continuation of the Eligible Event. To be eligible for this Benefit, you must have been engaged in Permanent Part-Time Employment 20 hours or more a week continuously for the 60 days preceding the Date of Loss.
- Seasonal, temporary, furlough and contract employment and volunteer work are not eligible for Involuntary Unemployment Benefits.
- In order for you to be 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.
- You will be asked to 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.
- You will not be eligible to activate a Benefit for Involuntary Unemployment due to:
a) voluntary forfeiture of employment, salary, wages, or employment income;
b) resignation;
c) retirement;
d) termination of seasonal employment;
e) scheduled termination or expiration of an employee contract;
f) furlough; or
g) willful or criminal misconduct.
- Once you have been granted a Benefit for Involuntary Unemployment, you must regain Permanent Employment for at least 30 consecutive calendar days before you will be considered eligible for another Involuntary Unemployment Benefit.
Disability
- In the event of Disability, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due up to the Maximum Period of Benefits, subject to the continuation of the Eligible Event.
- 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 must provide your licensed health care provider's written verification of your Disability with your completed Benefit Form.
- 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.
- You will not be eligible for a Disability Benefit if: your Date of Loss occurs within the 12 months following the Date of Loss for a previously approved Disability Benefit with a similar physical or mental impairment.
Family Leave of Absence
- You must have been engaged in Permanent Full-Time Employment for at least 30 hours per week 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.
- In the event of a Family Leave of Absence, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due up to the Maximum Period of Benefits, subject to the continuation of the Eligible Event.
- 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 Benefit for Family Leave of Absence, you must return to Permanent Full-Time Employment for at least 30 consecutive calendar days before you will be considered eligible for another Family Leave of Absence Benefit.
Loss of Life
- Someone must provide a copy of a death certificate on your behalf.
Identity 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. You will be asked to provide a copy of your identity theft police report to law enforcement.
- In the event of Identity Theft, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due each month, for the Maximum Period of Benefits.
- 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.
Hospitalization
- You must be hospitalized for at least three consecutive nights in a Hospital. You will be asked to provide documentation that verifies your hospital stay.
- In the event of Hospitalization, your Protected Account may be credited in the amount of the Eligible Minimum Payment Due up to the Maximum Period of Benefits.
- You will not be eligible for a Hospitalization Benefit if your Date of Loss occurs within six months following the Date of Loss for a previously approved Hospitalization Benefit where the reasons for the Hospitalization are similar. The six-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 your Benefit request.
- Involuntary 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 will be asked to sign a Form specifying the situation involving the unemployment. To continue to receive the Eligible Minimum Payment Due for any Eligible Event, you will be required to submit a Monthly Benefit Continuation Form.
- Disability : The licensed health care provider who is providing you with continuous care must verify the Disability in writing. To continue to receive the Eligible Minimum Payment Due for any Eligible Event, you will be required to submit a Monthly Benefit Continuation Form.
- Family Leave of Absence : You must obtain a written statement from your employer that you are taking unpaid leave. To continue to receive the Eligible Minimum Payment Due for any Eligible Event, you will be required to submit a Monthly Benefit Continuation Form.
- Loss of Life : A death certificate must be provided.
- Identity Theft : A police report verifying that the Identity Theft was reported to law enforcement must be provided.
- Hospitalization : A copy of documentation that verifies your hospital stay must be provided.
4) Benefit Amount and Application of Benefits to Protected Account
- 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 or the Eligible Minimum Payment Due, as applicable.
- Your Protected Account will be credited in the amount of the Eligible Account Balance or the Eligible Minimum Payment Due even if your Eligible Account Balance or Minimum Payment Due 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.
- You must continue to make the Monthly Minimum Payment Due in accordance with your Agreement while your Benefit request is being processed.
- Benefits requiring the submission of a Monthly Continuing Benefit Form will be credited upon receipt and verification of the form by the Plan Administrator.
5) How to Request a Benefit
- To request a Benefit, you must notify the Plan Administrator by calling toll-free 1-800-695-1346, 9:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays) or visit www.myaccountassure.com. Benefit Forms and any Monthly Benefit Continuation Forms will be sent via U.S. Mail to the address on record for the Protected Account. Completed Benefit Forms and mail along with the required documentation, including any Monthly Benefit Continuation Forms, to the following address: Account Assure Pro, Plan Administrator, 200 Syracuse Ct., Lakewood, NJ 08701-9997 or uploaded at www.myaccountassure.com. Benefit Forms and other required documentation must be received within 45 calendar days of your Benefit request. If you have any questions, you may contact the Account Assure Pro Plan Administrator by calling the toll-free number noted above.
- We may deny or revoke a Benefit at any time if:
i. we determine you have provided us or the Plan Administrator with any misleading or false information on the Benefit Forms or Monthly Benefit Continuation Forms;
ii. you fail to send in the Benefit Forms or Monthly Benefit Continuation Forms;
iii. the Benefit Forms or Monthly Benefit Continuation Forms are incomplete and you fail to provide the missing information we request within the time period we give you to provide it; or
iv. you do not qualify for the Benefit, in accordance with these Terms and Conditions.
6) Multiple Eligible Events
- 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
- We reserve the right to waive any of the requirements described in the 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 requirements.
8) Account Assure Pro Cancellation and Termination
- 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.
- We may cancel your Account Assure Pro protection at any time. Your enrollment will automatically terminate without written notice if:
(i) your Protected Account becomes 90 days or three billing cycles past due;
(ii) your Protected Account is noted with a derogatory or negative status, such as but not limited to: fraud, returned payments or bankruptcy:
(iii) we determine your Protected Account was not in Good Standing as of the date of your requested enrollment in Account Assure Pro;
(iv) you die (although this will not prevent you from receiving Benefits earned prior to or as a result of your death),
(v) you at any time cease to be a United States resident;
(vi) we determine that you have provided us or the Plan Administrator with any misleading, or false, incomplete information;
(vii) as otherwise stated in these Terms and Conditions.
- You may cancel your Account Assure Pro protection at any time by contacting the Plan Administrator toll free at 1-800-695-1346 or by visiting www.myaccountassure.com. If you cancel Account Assure Pro and notify the Plan Administrator within the first 30 calendar days after your enrollment date, any Account Assure Pro fees that you have been billed will be refunded. You are not entitled to any fee refunds after the first 30 days after enrollment.
- 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 Pro Fees
- The monthly fee for Account Assure Pro is $0.89 per $100 of your Monthly Statement Balance. For example, if your Monthly Statement Balance is $200, a fee of $1.78 would be added to your statement. 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.
- Whether or not you qualify for all the benefits, the fee for Account Assure Pro is still $0.89 per $100 of your Monthly Statement Balance.
- The fee will appear on your monthly statement for the Protected Account.
- If you have a purchase on an equal payment Credit Plan, the Account Assure Pro fees could increase the amount of the minimum payment due each month.
10) Change in Terms
- We may change these Terms and Conditions at any time.
11) Potential Tax Impact
- Any credit to your Protected Account as a result of qualifying for an Account Assure Pro 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) Jury Trial Waiver/Arbitration Provision
- The Jury Trial Waiver and Arbitration Provision of your Agreement are incorporated into these Terms and Conditions. In the event of a dispute between you and us:
(i) the Jury Trial Waiver will eliminate the right to a trial by jury; and
(ii) the Arbitration Provision will substantially affect your rights, including your rights to bring, join in, or participate in class proceedings. You should read the Jury Trial Waiver and Arbitration Provision of your Agreement carefully.
13) Other Provisions
- All other provisions of your Agreement remain in full force and effect.