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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.

These Terms of Use of the PayPal Credit Website ("Terms of Use") explain a contractual agreement between you ("you", "your"), on one hand, and Bill Me Later, Inc. and Comenity Capital Bank, the parties who offer the PayPal Credit service (collectively, Comenity Capital Bank and Bill Me Later, Inc. are referred to as We, Us, "Our") on the other hand, regarding your use of this web site ("Website") and access to your PayPal Credit account information or PayPal Credit services through the Website. The lender of PayPal Credit accounts is Comenity Capital Bank; Bill Me Later, Inc. is the servicer for PayPal Credit accounts. You should print a copy of these Terms of Use for your records.

Unauthorized use of the Website and systems, including but not limited to unauthorized entry into the Website or Our systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

You acknowledge that We may disclose and transfer any information that you provide through this Website to: (i) Comenity Capital Bank and its affiliates, agents, service providers (including Bill Me Later, Inc.), or information providers; (ii) to any other person or entity with your consent; or (iii) if We have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as We deem necessary or appropriate (including to countries outside the EEA), and by using and providing information through this Website you agree to such transfers. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

Furthermore, your use of this Website signifies your agreement to our Privacy Statement, which is incorporated herein by reference and which may also change from time to time. Any purported amendment to these Terms of Use by you must be agreed to by Bill Me Later, Inc. and Comenity Capital Bank in writing.

Copyright Notices

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Bill Me Later, Inc. or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Bill Me Later, Inc.'s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Bill Me Later, Inc.'s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademark Notices

PayPal Credit is the marketing name for certain financial services activities of Comenity Capital Bank and Bill Me Later, Inc. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Web Content and Materials

The information on this Website is for information purposes only. It is believed to be reliable, but We do not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website - and the terms of use of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations.

The Terms and Conditions for your PayPal Credit Account are mailed with your first statement. You may also call Us at 1-866-528-3733 to request an official copy of the terms and conditions that pertain to your account. In addition, certain portions or pages of this Website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these Terms of Use, the additional disclosures and disclaimers will govern for those portions or pages.

You agree that: (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Us; (ii) in circumstances where locations of the Website require identification, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; (iii) you will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of this Website or to surreptitiously intercept or expropriate any system, data or personal information from this Website; and (iv) you will not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE US TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service;
strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond Our control.

Links to Other Sites

Links to other third party websites are provided solely as pointers to information on topics that may be useful to the Website, and We have no control over the content on such third party websites. If you choose to link to a third party website not controlled by Us, We make no warranties, either express or implied, concerning the content of such website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do We warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to third party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". WE AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. WE AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OURAFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Us. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Delaware. YOU AGREE THAT ANY ACTION BROUGHT BY YOU, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THESE TERMS AND USE OR THIS WEBSITE SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS IN AND FOR WILMINGTON, DELAWARE AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY ACTION BROUGHT BY EITHER OF US IN SUCH COURTS.

Online Registration

You may register your account online and provide contact information (such as email address) and financial information (such as bank account information) during account registration, which will allow you to service your PayPal Credit Account online. This information is necessary to enable you to view statements online, review account activity and schedule payments on your PayPal Credit Account.

Email Communications

If you choose to send Us an email message, We may retain the content of the email, your email address, and Our response in order to service your needs. 

We or a third party acting on Our behalf, may use the data that you provide to send you email offers that may be of special interest to you. If you unsubscribe from these email messages, you will not receive these messages from Us via email. 

Please note that some of our services, including the Website, require a valid email address in order to register and/or continue use of the service. You will receive email alerts or notification messages from these programs unless you un-enroll from these services.

Email Tips

Do not provide your email address to third party web sites without reading the privacy and security policies and terms and conditions of these sites to ensure you understand the circumstances in which your email address will be used. 

If you suspect suspicious or fraudulent activity related to your account(s), please let your account provider know right away. You should also contact your Internet Service Provider so they may block suspicious messages from your email inbox. To learn more about how to control and manage your incoming emails, please refer to your Internet Service Providers' online resources. You may also visit the Federal Trade Commission's web site on spam at www.ftc.gov/spam.

Children's Online Privacy

Protecting children on the Internet is very important to Us. For that reason, We do not intentionally collect information at Our web sites from those We actually know are under 13, and no part of our website is intended to attract anyone under 13. Parents can be proactive and limit website access to their children by installing filtering software. 

Children's access to the Internet can permit them to visit inappropriate web sites and be exposed to unnecessary risks. The Children's Online Privacy Protection Act (COPPA) protects children under the age of 13 from the online collection of personal information. Learn more about COPPA at the Federal Trade Commission's web site for children's privacy at http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online and by viewing the following link on How to Protect Kids' Privacy Online.

August 2014