Your Floor & Decor PRO Premier Credit Card Account Agreement

This Agreement covers the Terms and Conditions of your Account with us. In this document, you will find important information about using and managing your Account. Your use of the Account indicates your acceptance of the terms of this Agreement, including the assessment of any interest charges and fees.

Section H of this Agreement also includes a Jury Trial Waiver and an Arbitration Provision in the event of a dispute.

  • You have a right to reject this Arbitration Provision.

  • If you do not reject this Arbitration Provision, it will be part of this Agreement and will:

    • Eliminate your right to a trial by jury; and

    • Substantially affect your rights, including your right to bring, join in or participate in class proceedings.

Please read each section carefully and keep this document for your records.
In the following sections, you will find information on:
Financial terms of your Account: An at-a-glance summary of the fees and charges associated with your Account

A. Getting started: the basics of your Account

B. Keeping your Account in good standing: avoiding default

C. Learning more about your Account: Credit Plans, Credit Limits, and how payments are calculated and applied

D. Interest, fees and charges: when and how fees and costs are applied to your Account

E. Other important information: legal rights, costs, and how we’ll handle changes to your Account

F. Reporting to credit reporting agencies: data we provide, and receive from, credit reporting agencies

G. Communicating with us: what happens when you contact us

H. Arbitration and jury trial waiver: how we’ll resolve disagreements, including a jury trial waiver and Arbitration provision

Financial terms of your Account

Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases 29.99%
How to Avoid Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month.
Minimum Interest Charge If you are charged interest, the charge will be no less than $2.00.

 

Fees
Annual Fee None
Penalty Fees
- Late Payment
- Over the Credit Limit
- Returned Payment
$38.00
$38.00
$38.00


How We Will Calculate Your Balance: We use a method called “daily balance (including new transactions).” Review your Account Agreement for more details.

Rate Information: The following chart provides details on your rate as of December 1, 2019. We divide the APR by 365 to determine the daily periodic rate.

  APR Daily Periodic Rate
Purchases APR 29.99% 0.08216%


We’ll charge you a minimum interest charge of $2.00 for any billing period in which interest is due.

Minimum Payment:
The amount you must pay each billing period (“Total Minimum Payment”) is the total of minimum payments for Regular Revolving and promotional Credit Plans. We may also include some or all of any Past Due amounts and some or all of any amount by which your New Balance exceeds your Credit Limit. The Total Minimum Payment won’t be less than $5.00. If your Account balance is less than $5.00, you must pay the amount indicated on your billing statement (“Statement”) in full. The minimum payment due for the Regular Revolving Credit Plan will be 3.5% of the New Balance shown on your Statement for that Credit Plan (rounded up to the nearest $1.00) plus any new late fee.

Review Minimum Payment in Section C. Learning more about your Account for promotional Credit Plan minimum payment calculations.

The APR information described is accurate as of December 1, 2019. To find out more, call us at 1-866-522-7030 (TDD/TTY: 1-888-819-1918), or write us at Comenity Capital Bank, PO Box 182507, Columbus, Ohio 43218-2507.

A. Getting Started

Definitions
In this Agreement, “Business” means the business entity named on the application for credit for this Account (“Application”). Personal Guarantor (“Guarantor”) means any individual who agrees to be jointly and severally liable with the Business. Authorized Representative (“Representative”) means the person who submitted the Application on behalf of the Business and who will be authorized to access Account information and make changes to the Account including, but not limited to, requesting credit limit increases and adding or deleting Cardholders. “You” and “your” mean the Business and/ or any Guarantor. “We”, “us” and “our” mean Comenity Capital Bank and any successor or assign. “Account” means your credit card account with us. “Card” means each credit card we issue for your Account (as applicable). “Cardholder” means any person to whom we issue a Card. “Credit Plan” means one or more payment program options Floor & Decor may ask us to offer from time to time.

Upholding your Agreement
You agree to the terms of this Agreement, and promise to do everything required of you. This Agreement is also binding upon your heirs, personal representatives,
successors and assigns.

  • You agree that the credit extended under your Account will be used solely for commercial or business purposes and not for personal, family or household purposes.

  • If more than one person is responsible for this Account, you authorize us to provide billing statements and communications to only one of you.

  • If the Account was established with joint and several liability, the Business and Guarantor will be jointly and severally liable for all obligations under this Agreement.

    • We may report the personal liability of any Guarantor for the Account and the status of the Account to credit reporting agencies and others who may lawfully receive such information.

    • Any Guarantor further agrees that his or her personal credit history may be used in making credit decisions, and authorizes us to obtain consumer credit reports on him or her from time to time.

    • We may collect from or sue any one of you without giving up any rights against the other parties.

    • Without waiving any of our rights, we may, at our option, release any one of you without notifying the others and without releasing the others from their obligation to pay all amounts owing under this Agreement in full, or to otherwise perform the terms and conditions of this Agreement.

  • You agree to pay for all transactions made on your Account by a Cardholder or authorized user, whether or not such transactions were authorized by you or made for your benefit.

    • If you want to revoke the use of your Account by a Cardholder or authorized user, either write us at Comenity Capital Bank, PO Box 182507, Columbus, Ohio 43218-2507, or call us at 1-866-522-7030 (TDD/TTY: 1-888-819-1918), or use the Commercial Account Center tool at commercial.comenity.com/FloorandDecorProCard. [The revocation will not take effect until we have a reasonable opportunity to act on it.]


Card signature (as applicable)
For your own protection, each Card should be signed by the Cardholder immediately upon receipt. Keep in mind that a signature on the Card isn’t a prerequisite to your obligation to pay amounts incurred on your Account.

Using your Account

  • Your Account may be used to make purchases from Floor & Decor and other retailers we may determine occasionally by notifying you via electronic mail, statement message, website posting, or other method.

  • We reserve the right to not honor transactions related to, including, but not limited to, gambling, Automated Teller Machine (ATM) usage at casinos, and illegal activities.


Making payments

  • You promise to pay at least the Total Minimum Payment on or before the Payment Due Date each billing period.

  • Review your Statement for details about payment options, requirements, restrictions and crediting.
  • ​When you make an electronic payment, you authorize us to debit the account you designate for payment and you agree to be bound by the rules of the National Automated Clearing House Association. Under these rules, you must promptly report unauthorized entries to us so they can be returned to the originating source in a timely manner.
  • All written communications concerning disputed amounts, including any check or other payment instrument marked with “payment in full” or similar language, must be sent to Comenity Capital Bank Business Card, PO Box 659220, San Antonio, Texas 78265-5129.

    • We may accept a payment sent to any other address without losing any of our rights.

    • No payment shall operate as an accord and satisfaction without our prior written approval.

B. Keeping your Account in good standing

Avoiding default
You’ll be in default under this Agreement if you:

  • Fail to make any payment when due
  • Violate any provision of this Agreement
  • Are a Guarantor and pass away or become incompetent
  • Are a Business and (i) dissolve or otherwise cease to operate, (ii) are a party to a merger or other reorganization or (iii) sell or otherwise transfer all or substantially all of your assets
  • Are a Business and the Representative is no longer authorized to bind the Business to legal agreements
  • Are a Business that established the Account with joint and several liability and the Guarantor is no longer associated with the Business or no longer willing to be jointly and severally liable
  • Become the subject of bankruptcy or insolvency proceedings
  • Supply us with misleading, false, incomplete or incorrect information
  • Are unable or unwilling to perform the terms or conditions of this Agreement
  • Fail to supply us with any information we deem necessary
  • Default under any other loan or agreement you have with us or any of our affiliates
  • Exceed your Credit Limit
  • Issue a payment that is not honored by your bank for any reason
  • If we consider your Account in default, we may suspend your ability to make charges, close your Account, require you to pay the full amount you owe immediately or take any other action permitted by law. If applicable law requires us to do so, we’ll tell you in advance and/or give you the opportunity to remedy your default.

C. Learning more about your Account

Credit Plans

  • Your Account may consist of a non-promotional (“Regular Revolving”) Credit Plan and one or more promotional Credit Plans. Credit Plans offered and their particular features (including but not limited to minimum purchase requirements and minimum payment) may vary occasionally at our discretion and include one or more Regular Revolving or promotional Credit Plans.
  • We may offer different promotional Credit Plans from time to time.
  • We may stop offering any Credit Plan at any time, for any reason.
  • Normal late fees, returned payment fees and all other provisions apply to any promotional Credit Plan, unless inconsistent with a particular Credit Plan offering.
  • If the promotional Credit Plan purchase isn’t paid in full before the promotional period ends, the balance will be transferred to your Regular Revolving balance.
  • Promotional Credit Plans may include:
    • Waived Interest--Payment Required
    • Waived Interest--Equal Payment
    • Deferred Interest--Equal Payment
    • Deferred Interest--Payment Required
    • Low APR--Equal Payment

Skip-payment option

  • At our discretion, we may allow you to skip making the Total Minimum Payment.
  • Interest charges will be assessed during the skip-payment period, but a late fee won’t be imposed. This will not be considered a waiver of any of the rights granted by this Agreement.
  • All other terms of your Account apply during the skip-payment period.

​Credit Limit

  • Your “Credit Limit” is the total maximum amount we permit you to owe us at any time.
  • You may not exceed any Credit Limit that we set for your Account.
  • If you do exceed your Credit Limit, we can still charge you for all transactions, interest and other charges without giving up any of our rights under this Agreement.
  • We may change your Credit Limit at any time.
  • Subject to the Credit Limit on the Account, and in accordance with any procedures we may establish, the Representative may set “Credit Lines” specific to each Cardholder.

A Cardholder may not exceed their Credit Line, but if a Cardholder does exceed the Credit Line, we can still charge you for all transactions, interest and other charges, without giving up any of our rights under this Agreement.

Account cancellation

  • You may cancel your Account. You’re still obligated to pay the full amount you owe us.
  • We may cancel your Account at any time, for any reason.
  • We may refuse to authorize any purchase on your Account. We may also suspend your Account and your right to use your Card, including each Card on the Account.
  • Cancellation or suspension of your Account doesn’t negate your obligation to pay any amount you owe us.
  • Cancellation of your Account includes each Card on the Account.
  • The Representative may cancel any Cardholder’s Card, including a Guarantor’s Card, but the Guarantor and the Business will remain liable for any amounts owed on the Account, and any charges made using the Card.

Minimum Payment

  • You can pay all of your Account balance at any time without penalty.
  • Each billing period you must pay at least the Total Minimum Payment shown on your statement by the Payment Due Date shown on that Statement.
  • The Total Minimum Payment is the total of the minimum payments for the Regular Revolving and promotional Credit Plans and may include some or all of any Past Due or Over Limit amounts. The Total Minimum Payment won’t be less than $5.00. If your Account balance is less than $5.00, you must pay the amount indicated on your Statement in full.
  • The minimum payment for each Credit Plan is calculated as follows:
    • The minimum payments for Regular Revolving Credit Plans, Waived Interest-- Payment Required and Deferred Interest--Payment Required Credit Plans will be 3.5% of the New Balance shown on your Statement for that Credit Plan (rounded up to the nearest $1.00) plus any new late fee added to that Credit Plan.
    • The minimum payment for the Waived Interest--Equal Payment and Deferred Interest-- Equal Payment Credit Plans will be the amount of the purchase divided by the number of months between the date of the purchase and the promotional period end date rounded up to the nearest $1.00.
    • The minimum payment for the Low APR--Equal Payment Credit Plan will be the amount of the purchase including the calculated interest charges that will be assessed from the date of purchase through the end of the promotional period divided by the number of months between the date of the purchase and the promotional period end date rounded up to the nearest $1.00.

Payment application

  • Subject to applicable law, we reserve the right to apply payments however we deem appropriate, which may result in balances subject to lower interest rates being paid prior to other balances. This may also result in higher interest charges.
  • Excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance first in the last two billing periods of the promotional period.

D. Interest, fees and charges

Interest charges

  • Interest charges begin on a transaction, fee, or interest from the day added to the daily balance and continue until the balance is paid in full.
  • There is a Grace Period on Regular Revolving Credit Plan purchases. This means we will not charge interest on such purchases if you pay in full each billing period.
  • If you make a purchase under any Waived Interest Credit Plan, we won’t charge interest on the purchase if you pay the total purchase amount before the end of the promotional period. If you don’t pay the total purchase amount before the end of the promotional period, we’ll add the remaining amount to your Regular Revolving balance. We’ll also begin charging interest on the purchase from the first day after the promotional period ends.
  • If you make a purchase under any Deferred Interest Promotional Credit Plan and don’t pay the total purchase amount before the end of the promotional period, we’ll add the remaining purchase amount and the amount of accrued interest to your Regular Revolving balance.
  • If you make a purchase under a Low APR--Equal Payment Credit Plan, interest will be assessed from the date of purchase through the end of the promotional period.

How we calculate interest charges on your Account
We calculate interest separately for each Credit Plan associated with each Card, using the “Daily Balance (including new transactions)” method to determine interest charges for each billing period. Our calculation method is as follows:

  • We calculate a daily balance for each day in the current billing period. To do this, we start with the beginning balance on the Credit Plan each day (including unpaid interest charges and fees). We subtract any payments or credit adjustments applied to the Credit Plan (treating any net credit balance as a zero balance) and add new transactions and debit adjustments. For the Regular Revolving Credit Plan, we add purchases as of the transaction date, for all other Credit Plans, we add purchases as of the post date. Fees are a type of debit adjustment and are added to the Regular Revolving Credit Plan.
  • This gives us the “Partial Daily Balance” for the day. We then multiply the Partial Daily Balance for the day by the Daily Periodic Rate. This gives us the “Daily Interest Charge” for the day, which we add to the day’s Partial Daily Balance. We’ve now determined the “Daily Balance,” which will be the beginning balance for the following day. This results in daily compounding of interest charges.
  • For the Regular Revolving Credit plan, we also calculate a daily balance for any “Late Posting Purchases” that occurred in the prior billing period. A Late Posting Purchase is a purchase with a transaction date before the start of the current billing period and a posting date within the current billing period. To calculate a Late Posting Purchase balance, we start with the beginning balance attributable solely to Late Posting Purchases and interest (which will be zero on the transaction date associated with the first Late Posting purchase) and add any Late Posting Purchases with a transaction date of that day. This gives us the “Partial Daily Balance” for the day. We then multiply the Partial Daily Balance for the day by the Daily Periodic Rate. This gives us the “Daily Interest Charge” for the day, which we add to the day’s Partial Daily Balance. We’ve now determined the “Daily Balance,” which will be the beginning balance for the following day. This results in daily compounding of interest charges. We do this each day until the first day of the current billing period.
  • At the end of the billing period, we add together each Credit Plan’s Daily Interest Charge. (For the Regular Revolving Credit Plan, this means we add all the Daily Interest Charges for Late Posting Purchases and for the current billing period.) This gives us the total interest charge for the Credit Plan for the billing period.

Variable rates (if applicable)

  • To calculate a variable rate, for each billing period, we use an Index. The Index is the U.S. Prime Rate published in the “Money Rates” section of The Wall Street Journal on the last business day of the calendar month preceding the month in which the billing period begins. (Our business days are Monday through Friday, excluding holidays.)
  • Any variable APR will increase on the first day of the billing period after the Index increases.
  • An increase or decrease in the APR will result in a corresponding increase or decrease in the amount of interest and may increase the Total Minimum Payment.

Other fees and charges
You agree to pay the following fees and charges:

  • Late Fee: If you don’t pay at least the Total Minimum Payment by the Payment Due Date, we will charge you a late fee of $38.00.
    • This fee will not exceed the amount permitted by applicable law.
  • Returned Payment Fee: We may charge you a $38.00 fee for each payment that your bank doesn’t honor for any reason.
    • This fee will not exceed the amount permitted by applicable law.
    • Although we may decide to do so, we aren’t required to attempt to collect a payment more than once.
  • Over the Credit Limit Fee: We may charge you a $38.00 fee if your balance exceeds the Credit Limit. We add the fee if your Account balance exceeds your Credit Limit at any time during the billing period. We add this fee even if transactions we authorize or interest, fees, and other charges you incur are a reason the Account balance exceeds your Credit Limit. We add this fee even if the Account balance falls below your Credit Limit by the end of the billing period.
  • Document Fees: If, when you applied for your Account, you requested that Statements be provided to you electronically through the Commercial Account Center, and you change your Statement preference to printed, the Account will be charged the Monthly Statement Fee of $4.00 per billed Statement on the next billing Statement. This fee will apply to any statement mailed on the Account, including any mailed to Authorized Buyers. If, upon request, we provide you with any reprinted Statements (whether you are receiving electronic or printed statements), a copy of any sales draft or similar document (except in connection with billing error inquires or resolution), we may charge the Account the following fee(s), subject to any limitations of applicable law:
    • Statement Reprint Fee - $10.00
    • Sales/Credit Draft copy - $6.00
    • Check/Money Order copy - $6.00
  • Alternative Payment Method Fee: We may offer alternative payment methods that allow you to make individual, expedited payments to your Account 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 applicable law. Currently, that fee is up to $15.00 but may change. We’ll let you know the current fee before you authorize any payment(s), and you can withdraw your request if you don’t want to pay the fee.
  • Expedited Card Fee: If you request that a new or replacement Card be sent to you or to an authorized user on an expedited basis, we will charge your Account a fee of $38.

E. Other important information

Collection costs
You agree to pay our reasonable costs for collecting amounts due, including reasonable attorneys’ fees incurred in legal proceedings and court costs incurred by us or another person or entity, to the extent not prohibited by applicable law. MD Residents: We will not charge you for costs other than attorneys’ fees.

Changes
We may add, change, or delete the terms of your Account. If required by applicable law, we will give you advance written notice of the change(s) and a right to reject the change(s).

Security Interest
You grant us a security interest in all goods you purchase through the use of the Account, now or at any time in the future and in all accessions to and proceeds of such goods. We waive any security interest we may have in your principal dwelling, to the extent that it would otherwise secure any obligation arising hereunder.

Changes to your information
You agree to notify us immediately of any changes to your principal place of business or billing address, electronic mail address or telephone number(s). Until we are notified that your address is changed, we will continue to send Statements and other notices to the last address we maintained on your Account. You agree to notify us within 10 days if the Business (i) dissolves or otherwise ceases to operate, (ii) is a party to a merger or other reorganization or (iii) sells or otherwise transfers all or substantially all of its assets. You also agree to notify us within 10 days if the Account was established with joint and several liability and the Guarantor is no longer associated with the Business or no longer willing to be jointly and severally liable.

Governing Law
This agreement is governed by Utah and applicable federal law. 

Transfer of Rights/Assignment
Your rights under this Agreement can’t be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another person or entity at any time without prior notice to you or your consent.

Information Sharing
We may also share information about you and your Account with Floor & Decor, our service providers and our assignees as permitted by law.

No Waiver of Rights
We will not lose our rights under this Agreement because we delay or do not enforce them.

Severability
If any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified to conform to applicable law.

Unauthorized Use Liability
The Business agrees, in accordance with Section 135 of the federal Truth in Lending Act, that if at any time we have issued ten (10) or more Cards for use by the Business’ employees at the Business’ request, then the Business waives any and all limitations on its liability for unauthorized use of such Cards that it may have under the Truth in Lending Act.

F. Reporting to credit reporting agencies

Credit Reports

  • The Business authorizes us to investigate the creditworthiness of the Business by obtaining credit reports and making other inquiries from time to time.
  • Each Guarantor authorizes us to obtain consumer and/or business credit reports on him or her from time to time, as well as to check his or her other credit, employment, and income records.
  • We may report your liability, payment history, and the status of your Account to Floor & Decor, to credit reporting agencies and to others who may lawfully receive such information
  • Upon request, we will tell you the name and address of any credit reporting agency that furnished a report on you.

G. Communicating with us

Communicating to you about your Account
If we need to contact you to service your Account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, independent contractors, contractors, debt collectors or collection agencies, and to anyone to whom we may sell your account, to communicate with you in any way, such as calling, texting, or email via:

  1. Your cell, landline, text number or any number you provide, use to contact us, or any number which you may utilize, or to any other device or service for which you may be charged for the call, including, but not limited to, Voice Over Internet Protocol (“VOIP”);

  2. Any email address you provide to us or any other person or company that provides any services in connection with this Agreement;

  3. Automated telephone dialing systems;

  4. Pre-recorded or artificial voice messages and any other form of communication.

You also agree that these communications aren’t unsolicited for purposes of any state or federal law and you understand that communications may result in additional mobile, text message, data charges or other 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 Cardholders and authorized users of this provision, including anyone acting on your behalf or making payments on this Account.

For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Capital Bank should be sent to the following address: Comenity Capital Bank, Bankruptcy Department, PO Box 182507, Columbus, Ohio 43218-2507.

H. Arbitration and jury trial waiver

A. Jury trial waiver
TO THE EXTENT PERMITTED BY LAW,  YOU AND WE WAIVE ANY RIGHT TO TRIAL   BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.

B. Notice and cure
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to this Agreement (as further defined below, “Claim”), the party asserting the Claim (“Claimant”) shall give the other party (“Defendant”) written notice of the Claim (“Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent to the address we have in our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Comenity Capital Bank, PO Box 182507, Columbus, Ohio 43218-2507 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name, address and Account number and explain the nature of the Claim and relief demanded. The Business and/or the Guarantor may submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Defendant reasonably requests.

C. Arbitration provision
READ THIS PROVISION CAREFULLY. IF YOU DO NOT REJECT IT IN ACCORDANCE WITH PARAGRAPH C.1 BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.

  1. Right to Reject: If you don’t want this Arbitration Provision (and any prior arbitration agreement between you and us (“Prior Arbitration Agreement”)) to apply, you may reject it by mailing us a written rejection notice which gives the name of the Business and any Guarantor on the Account and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement. The rejection notice must be sent to us at Comenity Capital Bank, PO Box 182507, Columbus, Ohio 43218-2507. A rejection notice is only effective if it is signed by you (all of you, if more than one) and if we receive it within 30 calendar days after the date we first provide you with a credit card agreement or written notice providing you a right to reject this Arbitration Provision. Your rejection of this Arbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit.

  2. Parties: Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms “we,” “us” and “our” mean (a) Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the employees, officers and directors of such companies (the “Bank Parties”); and (b) any other person or company that provides any services in connection with this Agreement if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party.

  3. Covered Claims: “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, and/or any prior agreement or account. “Claim” includes disputes arising from actions or omissions prior to the date any Card was issued to you or any Cardholder, including the advertising related to, application for or approval of the Account. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). “Claim” does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (“Class Action Waiver”), Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

  4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.

  5. Choosing the Administrator: “Administrator” means the American Arbitration Association (“AAA”), 120 Broadway, 21st Floor, New York, New York 10271, www.adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, New York 10018, www.jamsadr.com; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver.

  6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR    WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

  7. Prohibition Against Certain Proceedings (Class Action Waiver): IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

  8. Location and Costs: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to.

  9. Governing Law: This Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
  10. Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.
  11. Result and Appeals: Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA and/or the rules of the Administrator. Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim.
  12. Interpretation: This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Agreement, this Arbitration Provision shall govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
  13. Severability: If any portion of this Arbitration Provision is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, subject to two exceptions. First, if a determination is made that the Class Action Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration Provision shall be void in its entirety. Second, if a court determines that a public injunctive relief Claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated and the parties will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded.

  14. Special Payment: If (1) you submit a Claim Notice in accordance with Paragraph B above on your own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request before an arbitrator is appointed; and (3) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100 (plus any fees and costs to which you are entitled).

ATTENTION: PROMOTIONAL CREDIT PLAN DETAILS

Purchases of $299 or more made at Floor & Decor on a Floor & Decor PRO Premier credit card Account will be automatically placed on a promotional Credit Plan as described. If you would like us to move your purchase(s) to the non-promotional Regular Revolving Credit Plan, please contact us by the Payment Due Date shown on your first billing statement reflecting the purchase(s).

As of December 2019, your Purchase APR is 29.99%. Review the Financial terms of your Account section of the attached agreement for more information.

Purchases of $299 or more -- Deferred Interest -- Payment Required for 6 months  No Interest if paid in full within 6 months. Interest will be charged to the Account from the purchase date at the Purchase APR if the plan balance is not paid in full within the promotional period.


APPLICABLE TO ALL CREDIT PLANS

  • Available plans and offer terms are subject to change. Plan availability may be limited to certain store locations or web purchases. For more information, visit a Floor & Decor store or the Floor & Decor website.

  • Minimum payments are required for each Credit Plan. Review Section C. Learning more about your Account in this agreement for details.

  • Minimum payments are NOT guaranteed to pay any promotional plan balance within the promotional period. You may have to pay more than the minimum payment to avoid paying interest at the purchase APR. Some balances may be paid off before the promotional period ends.

  • Your minimum payment may be higher than if the purchase was not placed on the promotional financing.

  • Valid for single transaction only. If the single transaction has multiple shipments, each shipment may result in a separate Credit Plan, subject to a separate minimum purchase requirement and minimum payment.

Credit Card Electronic Disclosure and Consent


This Credit Card Electronic Disclosure and Consent ("E-Consent"), applies to all Communications for those products and services offered through the Floor and Decor PRO Premier Commercial Credit Card Portal (Commercial Account Center). This agreement does not cover any other products and services that may be otherwise provided by Comenity Capital Bank and governed by separate terms and conditions.

The words "we," "us," and "our" refer to the entity with whom you have your Commercial Credit Card account, and the words "you" and "your" mean you, the individual(s) or entity identified on or applying for a Floor & Decor PRO Premier Commercial credit card Account.

"Account" means your Floor & Decor PRO Premier Commercial credit card Account.

"Communications" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

1.     Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any disclosures, notices (including, without limitation, notice of the posting of your periodic billing statement on our website) and other communications (collectively, "Communications") regarding your Floor & Decor PRO Premier credit card in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Account
  • Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims
  • Periodic statements
  • Privacy policies and notices
  • Responses to claims filed in connection with your Account
  • All other communications between us (or our service providers) and you concerning your Account and any related transactions, products or services

2.     Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via email, (2) by access to a website that we will designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose. You will be notified when a Communication pertaining to your Account is available. It is your responsibility to check these sources regularly for Communications and to review any updates to this E-Consent.

3.     How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at 1-866-522-7030 (TDD/TTY: 1-888-819-1918). At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. By withdrawal of your consent, you will begin to be assessed any fees for paper communications outlined in your Credit Card Agreement. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

4.     How to Update Your Records. It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to this E-Consent and your Account(s), and to maintain and update promptly any changes to this information. You can update information (such as your email address) by contacting us at 1-866-522-7030 (TDD/TTY: 1-888-819-1918) or on the Commercial Account Center at www.commercial.comenity.com/FloorandDecorProCard.

5.     Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:

  • an Internet browser that supports 128 bit encryption;
  • sufficient electronic storage capacity on your computer's hard drive or other data storage unit;
  • an email account with an Internet service provider and email software in order to participate in our electronic Communications programs;
  • a personal computer (for PC's: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted email or by access to our website using one of the browsers specified above.

6.     Requesting Paper Copies. We may not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy by contacting us at 1-866-522-7030 (TDD/TTY: 1-888-819-1918), provided that such request is made within a reasonable time after we first provided the electronic Communication to you. If you request paper copies they will be subject to any fees as outlined in your Credit Card Agreement. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. We will not charge a fee for any communication we voluntarily send you.

7.     Communications in Writing. You accept electronic Communications provided by us as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you "in writing" or in a form that you may keep.  You should print or download for your records a copy of this E-Consent and any other Communication that is important to you.

8.     Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9.     Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Consent. By applying for your Account, you acknowledge that you have read and accept the above agreement, you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current email address at which we may send electronic Communications to you.