You are agreeing to transact business with us electronically. This means you will not receive paper copies of important notices, agreements and disclosures. By checking a box or clicking on a button, you will be providing your consent as if you had given your signature on a piece of paper.
You agree to receive electronically all disclosures, communications, notices, and other information that Bread may send to you or be required to send to you under applicable law or otherwise (the "Bread ESign Consent") pursuant to the terms and conditions set forth.
Your Bread ESign Consent applies to: (a) any transactions undertaken by you with us or any of our agents or representatives, including use of the Bread Services; (b) any communication from us or our representatives or agents to you including billing statements, payment reminders and updates to your Account; and (c) all disclosures, notices, and other information required to be given to you under applicable law, and any other information required by law to be provided either before or after your loan is issued or you complete your deferred payment purchase, including attempts to collect any debt arising from your transactions, (the "Disclosures"), in each case, pertaining to any transaction with us or any use of the Bread Services, whether now or in the future (collectively, the "Communications").
We may send any Communications to you via email to the email address that you have provided (or may provide later) to us or via text message to the cellular telephone number that you have provided (or may provide later) to us. We may also post Communications on the Member Portal under your account or on the Site and will inform you of the posting of such Communications. You agree that Bread is not responsible for your failure to receive any Communications sent via text message or email that is not caused by our failure to send the Communication to the cellular number or email address that you would have provided to us.
Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described:
We will notify you of any changes to these requirements that create a risk that you may not be able to receive Communications directly.
You may withdraw your consent to receiving Disclosures electronically subject to your Bread ESign Consent at any time by contacting us via email at firstname.lastname@example.org or calling (844) 992-7323. The legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior Disclosures will remain in effect. Any withdrawal of your consent will be effective only after we have a reasonable period of time to process your withdrawal. If you decide to withdraw your consent, your account with Bread may be closed or access to your account and Bread Services may be limited. You agree to pay any amount owed to Bread even if you withdraw your consent and we close or limit access to the account.
You agree to keep us informed of any changes in your email address or cellular number so that you can continue to receive all Communications in a timely fashion. If your registered email address or cellular number changes, you must notify us of the change by sending an email to email@example.com or calling (844) 992-7323. You also agree to update your registered residence address in the Member Portal if it changes. Your failure to update your contact information may result in missed Communications which could relate to changes in account terms, fees or other important notices.
To request paper copies of any Disclosures, please send an email to firstname.lastname@example.org or calling (844) 992-7323 within a reasonable time after we first provided the Disclosure to you. Bread may also send you Disclosures in paper form at their option.
You agree and acknowledge that you can access, receive and retain all Communications electronically sent via email or to your cellular number or posted on the Site.
The Bread Services include:
Bread’s technology interface, which may be used on a third party website operated by a merchant either on an e-commerce website, in a retail store, by phone, or by any other method through which the Bread Services are made available (each, a "Merchant"), and through which you may determine potential eligibility and submit an application for a loan with either a monthly payment plan ("Installments") or a biweekly payment plan ("SplitPay") from Comenity Capital Bank, a Utah state-charted bank (the"Bank"or "Comenity Capital Bank") (such technology being the "Bread API" and program under which one may request, obtain and manage a loan issued by the Bank, ("Loan") the "Bread Loan Program");
The portal by which you may access information and manage your Bread Loan Program account (your "Account"), including scheduling payments and accessing important information with respect to your Loan (the "Member Portal");
Our interactions with you in the course of providing services to, and on behalf of, the Bank in connection with your Account or your Loan with the Bank, including electronic, written and telephone communication ("Bread Communications"); and
Other products and services ancillary to each of the foregoing which may be provided by Bread and its affiliates from time to time to you.
EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AND JURY TRIAL WAIVER SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BREAD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, 10 U.S.C. § 987, THE ARBITRATION AND JURY TRIAL WAIVER SECTION DOES NOT APPLY TO YOU.
To access this Site or use the Bread Services you must have reached the age of majority in your state (generally 18) and be a legal resident of the United States. You must not have been denied a Loan using the Bread Services in the last 90 days. We must also be able to verify you are who you say you are.
The Bread Services and this Site are intended solely for Members who are natural persons, eighteen (18) years of age or older (nineteen (19) years of age for residents of Alabama and Nebraska), and residents of the United States. We do not make any representations that the Bread Services or the Site are appropriate for or comply with the laws or regulation of any other jurisdiction. In addition, if you apply for a SplitPay Loan, you must have (1) a valid, unexpired credit or debit payment card (a "Payment Card") associated with an Account which you are authorized to use; (2) sufficient capacity on such Payment Card as determined by Bread, and (3) no more than the maximum allowed SplitPay Loans permitted by Bread, which may vary from time to time. If you have been denied a Loan from the Bank using the Bread Services during the preceding ninety (90) days, you are ineligible to submit a new application under the Bread Loan Program. You must also pass Bread’s fraud prevention checks which Bread may modify from time to time. By using the Bread Services or accessing this Site, you represent and warrant that you are eligible to do so. We reserve the right to verify your identity and share your information with third party service providers to assist us in doing so. If you misrepresent your eligibility to us you may be prohibited from using the Bread Services in the future. Bread Services are available only in the United States in jurisdictions where the Bread Loan Program is available.
By accessing this Site or by using the Bread Services, you authorize us to collect and store information about you and the device you are using to access the Bread Services. Please see the Bread Privacy policies for more information. These procedures will include information that we will obtain and verify, on behalf of the Bank, pursuant to Section 326 of the USA PATRIOT ACT.
You also understand and acknowledge that this written authorization permits the Bank and Bread to make "soft inquiries" for your credit report from one or more consumer reporting agencies. Soft inquiries do not impact your credit score.
You certify that the information you have provided as part of the application for financing is true and correct. You authorize the Bank and Bread to verify the information you have provided, including contacting third parties to do so. You represent and certify that you intend to use the Bread Services to finance a purchase for your personal, family, or household use only, and not for any commercial or business use.
You authorize the Bank and Bread, at their sole discretion, to report to consumer reporting agencies their credit experiences with you and information about your Loan from time to time. Information reported to consumer reporting agencies may appear on your consumer report and may impact your credit score.
Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.
CA and UT residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
We may report information about your loan to credit bureaus. Late payments, missed payments, or other defaults on your loan may be reflected in your credit report.
The financing for your purchase is provided through a fixed rate, closed-end, unsecured Loan issued by Comenity Capital Bank. The Bank will pay the Loan proceeds, minus any fees owed by the Merchant, directly to the Merchant on your behalf.
Prior to submitting an application for financing to the Bank, you must request an initial determination of your eligibility and the terms that may be available to you ("Prequalification"). The Prequalification terms are not the final terms on which financing will be available and may change when the Loan agreement from the Bank is presented to you. At or after thirty (30) days from the date of your Prequalification, we or the Bank may obtain your most recent credit report from the consumer reporting agencies, which may result in new terms or denial of credit terms.
If Prequalification determines that you are initially eligible, you may submit an application to the Bank. If the Bank approves you, financing will be available to you through a closed-end, fixed rate, unsecured installment Loan from the Bank with terms specified in your Loan agreement with Comenity Capital Bank.
In the event that the goods or services you are attempting to purchase cost more than the amount of the Loan that may be offered to you, or that a Merchant wishes to collect some portion of the payment separately, you may be permitted to pay, separately, the remaining portion of the transaction directly to the Merchant through a third-party payment processor by credit or debit card (each such transaction a "Split Payment"). Split Payments are not available for every transaction.
In the event that the Merchant issues a partial refund to your Account, the Split Payment portion of the total order will be refunded to you prior to any refunds or changes to the amount of your Loan. A cancellation will result in a repayment of Split Payment funds to the card used to complete the Split Payment portion of checkout.
If a Loan is issued to you by the Bank, you will have a Loan agreement with the Bank which you will agree to at the time you authorize a transaction on a Merchant website using the Bread Services. The Loan agreement has important terms, which you should read. A copy of the Loan agreement will be provided to you before you complete your purchase so you can review the terms of the agreement and decide whether to accept the terms offered.
The interest on the amount you borrow to finance your purchase will start accruing only once the Loan has been issued, as determined by the Bank. The Bank will make the determination as to whether and when your Loan is originated. Using the Bread Services does not guarantee a Loan by the Bank
Depending on the Merchant through which you check out, there may be some delay in the issuance of Loan proceeds to the Merchant, or Loan proceeds may be issued to the Merchant before they have fulfilled shipment of the goods to you. The terms of your Loan are set out in your Loan agreement with the Bank and apply regardless of the timing of Merchant fulfillment of goods or services. Therefore, interest may start accruing on your Loan or your payments may become due before you have received your goods or services from the Merchant. You should notify the Merchant if there are any unexpected delays or issues with your order. Please see the "Refunds and Cancellations" section on how to resolve disputes with the Merchant.
After the Loan has been issued by the Bank, you also will receive a notice at the email address you provided as part of your registration that will contain instructions on how to access the Member Portal, where you can view your Account information and your final Loan agreement.
Although Bread will make commercially reasonable efforts to make the Bread Services available to you, delays may result from: first or third-party service outages, hardware failure, telecommunications issues, software failure, overloading of system capacities, acts of God (including weather, fire, water damage, explosion, and natural disasters), pandemics, epidemics, changes in government or regulatory restrictions, issues with Merchant technology or fulfillment, delays in approval by the Bank, or for other reasons outside of Bread’s control. Bread is not responsible for any such delays.
Once you complete your purchase and the Loan is originated, you are responsible for repaying your Loan according to the terms of your Loan agreement. If you wish to ask for a refund on your purchase, you should contact the Merchant. If the Merchant processes your refund, the Merchant will then contact us and your Loan amount will be reduced by the amount of the refund. If the refund is for the entire borrowed amount, you may still owe finance charges depending on when the Merchant notifies us of the refund. If a refund is processed between you and the Merchant before the Loan is issued, your Loan will be issued in the reduced amount or your Loan will be canceled in its entirety if the reduced amount is equal to the full amount of the Loan. If a refund is processed between you and the Merchant after the Loan has been issued, the refunded amount will be used to reduce the payments on your Loan. We may rely solely on the Merchant for determining the amount of the refund. You will still be responsible for any outstanding balance on your Loan. You may also owe other amounts (such as late fees or non-sufficient funds fees) that accrued prior to issuance of the refund and were not paid. Please review your Loan agreement with the Bank for further details.
Any disputes pertaining to the product or service, the amount you were charged, delivery, or any other aspect of your retail transaction with the Merchant must be first directed to the Merchant. If you are unable to resolve a retail transaction issue with the Merchant you may submit a formal dispute to Bread, along with any supporting evidence. Bread will review such disputes in accordance with its internal policies and review of all relevant information submitted by you and the Merchant. Bread may determine in its sole discretion that the Merchant has complied with its refund and cancellation policies, in which case you will remain obligated for the full amount of your Loan. If Bread determines that the Merchant has not complied with its policies, Bread may request that the Merchant issue a refund to your Account in accordance with those policies. Any refund issued by a Merchant will be applied to your Account to reduce your Loan balance, and you will remain responsible for any outstanding amount.
Disputes regarding the Bread Services or your Loan with the Bank may be directed to Bread through any method indicated on our Site.
It is important that you make timely payments on your Loan. We are here to help you with any questions on repayment methods.
You may also log into the Member Portal at member-portal.breadpayments.com/login or call (844) 992-7323 to make a payment via electronic fund transfer (ACH or debit card for Installment Loans; debit or credit card for SplitPay Loans).
For SplitPay Loans, you acknowledge that you consent to enrolling in Autopay at the time of checkout, and authorize Bread to authorize recurring charges to your Payment Card on your due date. You can unenroll in Autopay or change your registered Payment Card at any time by logging into the Member Portal or calling the customer support number above.
If you attempt to complete a purchase using a SplitPayLoan, you authorize us to authorize a debit or charge to your Payment Card equal to up to half the amount of your purchase. You acknowledge that any unpaid portion of that authorization which is canceled or refunded to you may take several days to be reflected on your Payment Card account and that we are unable to control when that amount will be credited back to you. You should refer to your SplitPay Loan agreement for further information on your payment options and the authorization of payments.
By providing your contact information, you agree that Bread and any party acting on our behalf may communicate with you electronically, by phone, or in writing. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise sent it to your attention (such as via SMS or other online or mobile notification). Bread may monitor or record telephone conversations you or anyone acting on your behalf has with Bread or its agents for quality control and training purposes. We may use the email address you provided or may provide in the future to send you electronic communications in accordance with the Bread ESign Consent in Section 1.
Your withdrawal of consent to electronic communications will be managed in accordance with the Bread ESign Consent in Section 1. You acknowledge and agree that you can only limit certain disclosures being provided to you by email and that we may continue to provide you with transactional emails related to your Account. Notwithstanding this provision, Bread’s delivery of any disclosures governed by the Bread ESign Consent shall be governed by your consent or withdrawal of consent to receiving such disclosures in electronic form.
By providing your mobile number, you agree that Bread, its affiliates, and service providers may communicate with you about your account and any Bread Service through phone calls or texts, including any such telephonic communications that may be made or generated using an automatic dialer system, automatic telephone dialing system, pre-recorded voice message, or artificial voice. Message and data rates may apply. The frequency of text messages may vary. We may contact you at the cellular phone number you provided to us at the time of application or any other phone number you may provide to us in the future. You represent that you are the owner, or authorized user of the mobile device you use and are authorized to consent to receive texts and other communications.
You may opt-out of future account servicing texts by replying "STOP" to any account servicing text we send you. Opting out of account servicing text messages will not opt you out of other text messages that we may send you, such as texts we may send you if we suspect fraud, if you have missed a payment and are in default, or marketing texts you may have separately elected to receive.
Anyone with access to your mobile phone may be able to view texts that we send you. If you do not want anyone to view your Bread texts, you should safeguard your mobile phone. You accept full responsibility for safeguarding any communications that we may send to your mobile phone.
We do not guarantee that you will receive servicing texts. Circumstances beyond our control may result in your not receiving texts. Supported carriers for text messages may change from time to time. Not all carriers may support Bread’s texts messages. Your carrier may not deliver texts while you are roaming, out of the country, or otherwise outside of its service area.
We do not charge any fees for text messages we send, however your carrier’s message and data rates apply. Contact your wireless carrier for information about your messaging plan.
For questions, call (844) 992-7323. You may also text "HELP" for more information.
You agree to provide us with updates to your contact information. If your billing address, email or phone number changes, please contact us immediately.
You agree to provide us true and accurate information at all times. You agree to keep us informed of any changes to your email address or cellular number so that you can continue to receive all disclosures in a timely fashion. If your registered email address or cellular phone number changes, you must notify us of the change by sending an email to email@example.com or calling (844) 992-7323.
The items listed below are a non-exclusive list of prohibited activities when using Bread Services (each a "Restricted Activity").
As a condition to accessing the Site or using the Bread Services, you agree that you will not:
Use the information of any other person to apply for financing or allow any other person to use your Account to apply for financing for themselves or others;
Access another person’s Account with Bread or use another person’s account to apply for a Loan from the Bank;
Use the Bread Services for any illegal purpose;
Use the Bread Services to purchase any age-restricted goods or services or products and services with varying legal status on a state-by-state basis, which restriction may be waived in our sole discretion;
Provide to us or the Bank any misleading or false information, including in your application for a Loan or in any of your communications, whether in writing or orally;
Use any software, device, or technology to commit unauthorized use of the Site or attempt to gain unauthorized access to Bread systems or disrupt the Site or the Bread Services in any way;
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Bread’s express prior written consent. Notwithstanding the foregoing, and subject to the following sentence, Bread grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Such permission is subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, and Bread reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
Use the Bread Services to purchase goods or services for other than personal, family or household purposes;
Use the Bread Services for competitive purposes, including to reverse engineer Bread’s technology or the Bread API or to engage in mystery shopping; or
Use the Site or Bread Services to engage in any other activities that we consider, in our sole discretion, to be objectionable or to be a violation of our policies or agreement with our Merchant partners.
We reserve the right, at all times, to prevent your access to the Site or to the Bread Services or cancel your Account, including if we have reason to believe that you have committed any of the Restricted Activities.
You share responsibility with Bread for the security and privacy of your own Account. If you think your Account has been compromised, please contact us immediately.
Your Account on the Member Portal will include personal and sensitive information about you and your Account. You agree to maintain the security of your username and password and restrict access to your Account by unauthorized persons. You agree that you are fully responsible for any activity that occurs on your Account in the Member Portal by anyone you have given your access credentials to or have permitted to access your Account. You agree to keep your contact information on file with us updated. If you have reason to believe that the security of your Account has been compromised or if you need to update your personal information, you agree to contact us immediately by sending an email to firstname.lastname@example.org or calling us at (844) 992-7323.
With respect to the content, data or other materials you upload or otherwise submit through the Bread Services (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content. By uploading or otherwise submitting any User Content, you hereby grant and will grant Bread and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Bread Services.
From time to time we may ask you to provide feedback on the Bread Services, for example in the form of customer surveys, or you may affirmatively provide us with feedback information based on your experience with us. Unless otherwise indicated, any content submitted to Bread via the Site shall be deemed and remain the property of Bread. You agree that any comments, ideas, or feedback you provide us are non-confidential and may be used by us without any restriction or compensation owed to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from other sources.
The Bread Services may appear on other websites, including Merchant websites, and our Site may contain links to, or you may be directed to, other websites (including Merchant websites) ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site and access any Third Party Sites (including accessing any Third Party Content on Merchant websites while you use the Bread Services), you do so at your own risk and you should be aware that our terms and policies no longer govern. You further acknowledge and agree that Bread will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content or any content, goods or services available on or through any Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site.
Key provisions: Please read the following important provisions carefully. Pay special attention to Paragraphs:
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.
Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, NY 10271, www.adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 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.
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.
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.
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.
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.
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.
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.
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.
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).
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED "LIMITATION ON LIABILITY" IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
YOUR USE OF THE SITE AND THE BREAD SERVICES IS AT YOUR SOLE RISK. THE SITE AND BREAD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BREAD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE BREAD SERVICES OR ON THE SITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE BREAD SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEMS FAILURES THAT MAY AFFECT THE BREAD SERVICES AT ANY TIME. WE CANNOT GUARANTEE AND DO NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED "DISCLAIMER OF WARRANTIES" IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
NOTWITHSTANDING THE FOREGOING, IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED "INDEMNITY AND RELEASE" IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Under California Civil Code Section 1789.3, users of the Bread Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Lon Operations LLC, P.O. Box 1264, New York, NY 10276 or by phone at (844) 992-7323.