82970I017  (02/19) 

IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR ACCOUNT VIA TELEPHONE. 

Please see the enclosed Credit Card Account Agreement for the Terms and Conditions 
(Terms)  of  your  new  credit  card  account.  Customers  that  opened  their  accounts 
via  telephone  will  have  up  to  25  days  from  the  date  of  application  to  review 
these Terms and either accept or reject them. You do not have to take any action 
if you accept these Terms.  
If you do not want to accept these Terms, you must contact the bank at 1-855-
497-8167 (TDD/TTY 1-800-695-1788) within the 25 day period. Any purchases that 
may have posted to your account will be removed and your account will be closed. 
You will then be required to make arrangements with the merchant with an alternate 
means of paying for any purchases you have made or the return of any purchase(s) 
you have made at no cost to you. 
This  right  to  reject  is  only  applicable  to  those  customers  that  opened  their 
accounts via telephone. 

Your RUNWAYREWARDS 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, including a Privacy Statement and information concerning your billing 
rights. Your use of the account, or failure to close the account within the 30 
days of receiving this document, indicates your acceptance of the terms of this 
agreement, including the assessment of any interest charges and fees. 
Section I 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: 
o  Eliminate your right to a trial by jury; and 
o  Substantially affect your rights, including your right to bring, join in 

or participate in class proceedings. 

•  Section I does not apply to Covered Borrowers under the Military Lending Act. 

See Section J below. 

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, and what to do if your card is lost or 

stolen, as applicable 

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.  Disputes and reporting to consumer reporting agencies: data we provide, and receive from, consumer 
reporting agencies, and what to do if you think there is an error on your periodic statement 
G.  Optional products: how to protect your account from fraud or theft, and information on services 

that can help pay your debt in case of emergencies 
H.  Communicating with us: what happens when you contact us 
I.  Arbitration and jury trial waiver: how we’ll resolve disagreements, including a jury trial waiver 

and Arbitration provision 

J.  Important Information for Covered Borrowers under the Military Lending Act 
Privacy statement: how we collect, use, share, and protect your personal information; and the privacy 
choices you can make 

Financial terms of your account 

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

28.24%   
This APR will vary with the market based on the 
Prime Rate.

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 $1.00 per credit plan

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau

To learn more about factors to consider when 
applying for or using a credit card, visit the 
website of the Consumer Financial Protection Bureau 
at http://www.consumerfinance.gov/learnmore.

Fees

•  Annual Fee

Penalty Fees 
•  Late Payment 
•  Returned Payment

None

Up to $39.00 
Up to $25.00

How We Will Calculate Your Balance: We use a method called “daily balance.” See 
your Account agreement for more details. 
Billing  Rights:  Information  on  your  rights  to  dispute  transactions  and  how  to 
exercise those rights is provided in your account agreement. 
Rate Information: The following chart provides details on your rate as of February 1, 2019. We divide 
the APR by 365 to determine the daily periodic rate. 

Add to Index 

APR 

Daily Periodic Rate 

Purchase APR 

22.74% 

28.24%   

0.07736% 

If this Agreement was provided to you at point of sale, see the Agreement sent with your new account 
welcome package for variable APR information in effect within 30 days of mailing. 

We’ll charge you a minimum interest charge of $1.00 per credit plan for any billing period in which 
interest is due. For additional information, see Rates in Section D. 
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  Plan  purchases  plus  any  Past  Due  amounts.  The  Total 
Minimum Payment won’t be less than $28.00. If your Account balance is less than $28.00, you must pay 
the amount indicated on your billing statement (“Statement”) in full. The minimum payment due for 
each Regular Revolving Credit Plan will be the greater of:  

(a) $5.00; or  
(b) 6.67% of the New Balance shown on your Statement for that Credit Plan (rounded down 
to the nearest $5.00).  

See Minimum Payment in Section C below for promotional credit plan minimum payment calculations.  
The APR information described is accurate as of February 1, 2019.  Due to a change in the index, 
this information may have changed.   To find out more, call us at 1-800-889-0494  (TDD/TTY: 1-800-
695-1788),  or  write  us  at  Comenity  Bank,  PO  Box  182273,  Columbus,  Ohio  43218-2273  or  visit  our 
website at www.nyandcompanycard.com. 
A. Getting Started 
Definitions 
In this Agreement, “We,” “Us” and “Our” mean Comenity Bank and any successor or assigns. “You” and 
“Your” mean each person who submits an application or solicitation for an Account with us. “Account” 
means your credit card account with us. “Card” means each credit card we issue for your Account, as 
applicable. “Credit Plan” means one or more payment program options New York and Company 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. If you 
sign or submit an application or solicitation to obtain credit from us, you’ll be legally bound 
by this Agreement. You’re also legally bound if you sign a charge slip, or permit someone else 
to use the credit provided. 

•  You agree that the credit extended under your Account will be used only for personal, family or 

household purposes and not for business or commercial purpose. 

•  If  the  Account  is  a  joint  Account,  you  and  the  joint  Account  holder  will  be  bound  by  this 
Agreement.  Each  of  you  will  be  jointly  and  individually  responsible  for  repaying  all  amounts 
due.    If  more  than  one  person  is  responsible  for  this  Account,  we  will  only  provide  billing 
statements and communications to one of you. 

•  Any authorized user of your Account will be bound by the terms of this Agreement. One additional 
Card may be issued with the individual name of an authorized user embossed on the Card. If you 
want to revoke the use of your Account by an authorized user, either write us at the address, or 
call us at the phone number, shown on your Statement. 

•  You agree to pay for all transactions made on your Account by an authorized user, whether or not 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
such transactions were authorized by you or made for your benefit. 

Card signature (as applicable) 
For your own protection, please sign your Card before using it. Keep in mind that your 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 New York and Company 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, ATM usage at casinos, and illegal activities. 

Making payments 
•  Pay your Account by sending a check, money order, or cashier’s check payable in U.S. dollars, to 
the name and address shown on your Statement specified for payments. Please don’t send cash. 
•  Be sure to include your payment stub, do not staple your payment to the stub, use the envelope 

provided with your Statement and don’t send any correspondence with your payment. 

•  If your payment doesn’t meet these requirements, it may not be credited to your Account for up 

to five days, or may be rejected. 

•  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 6550 North Loop 
1604 East, Suite 101, San Antonio, Texas 78247-5004. 
o  We may accept a payment sent to any other address without losing any of our rights. 
o  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 
•  Pass away 
•  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 
•  Become incompetent 
•  Exceed your Credit Limit 
•  Issue a payment returned unpaid 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. 
Reporting a lost or stolen card (as applicable) 
If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you 
should write to us immediately at PO Box 182273, Columbus, Ohio 43218-2273 or call us at 1-800-889-
0494  (TDD/TTY: 1-800-695-1788).  You will not be liable for any unauthorized use that occurs after 
you notify us.  You may, however, be liable for unauthorized use that occurs before your notice to 
us.  In any case, your liability will not exceed $50. 
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. 
•  If a promotional Credit Plan is offered at the time you open your Account, this Agreement will 
include  information  about  the  terms  for  the  Plan,  by  use  of  an  insert,  attachment,  or  other 
written information provided as part of this Agreement. 

•  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: 
o Waive Interest, Payment Required o 
o Waive Interest, Equal Payment 
o 
o Waive Interest, Low Payment  o  Low APR, Equal Payment 
Budget Payment 
o Defer Interest, Equal Payment 

o 

Defer Interest, Payment Required 
Defer Interest, Low Payment 

Skip-payment option 
•  At our discretion, we may allow you to skip making the 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. 

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 you give to others. 

•  We may stop offering any Credit Plan at any time, for any reason. 
•  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 you give to others. 
Minimum Payment 

•  You can pay all of your Account balance at any time without penalty. 
•  You must pay at least the Total Minimum Payment for each billing period by the Payment Due Date 

shown on your Statement. 

•  The Minimum Payment is the total of the minimum payments for the Regular Revolving and promotional 

Credit Plans plus any Past Due amounts. 

•  The Total Minimum Payment won’t be less than $28.00. If your Account balance is less than $28.00, 

you must pay the amount indicated on your Statement in full. 

•  The minimum payment for each Credit Plan is calculated as follows: 

o  The  minimum  payments  for  Regular  Revolving  Credit  Plans,  Waive  Interest,  Payment  Required 

and Defer Interest, Payment Required Credit Plans will be the greater of: 

(a) $5.00; or 
(b) 6.67% (rounded down to the nearest $5.00) of the New Balance shown on your Statement 
for that Credit Plan. 

o  The minimum payment for the Waive Interest, Equal Payment and Defer 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 (minimum $5.00) rounded up to the 
nearest $1.00. 

o  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 (minimum $5.00) rounded up to 
the nearest $1.00. 

o  The  minimum  payment  for  the  Waive  Interest,  Low  Payment  and  Defer  Interest,  Low  Payment 

Credit Plans will be the greater of: 

(a) $5.00 or 
(b) 1.0% (rounded down to the nearest $5.00) of the New Balance shown on your Statement 
for that Credit Plan. 

o  For each Budget Payment Credit Plan or Open Charge Budget Payment Credit Plan, fixed monthly 

payments of $49, $99, $149, $199, or $299, based on the transaction amount. 

o  For Open Charge credit plans (except Open Charge Budget Payment Credit Plans), if your balance 
increases  during  the  Open  Charge  period,  your  minimum  payment  will  increase.  The  minimum 
payment for each Open Charge plan will be calculated based on the above Credit Plans. 

Payment application 
•  We reserve the right to apply payments equal to or less than the Total Minimum Payment however 
we  see  fit,  which  may  result  in  balances  subject  to  lower  interest  rates  being  paid  prior  to 
other balances. This may also result in higher interest charges. 

•  Any payment you make in excess of the required Total Minimum Payment will be allocated to your 

Account as required by applicable law. 

•  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. 

•  We will not charge interest on any portion of a payment allocated to the Regular Revolving Credit 

Plan that is paid within an applicable Grace Period. 

•  If  you  make  a  purchase  under  any  Waive  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 Defer Interest Promotional Credit Plan and don’t pay the total 
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, using a “Daily Balance” to determine interest 
charges for each billing period. Our calculation method is as follows: 
•  We start with the beginning balance on your Account each day (including unpaid interest charges 

and fees). 

•  We subtract any payments or credit adjustments (treating any net credit balance as a zero balance) 
and add new transactions and debit adjustments posted as 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. 

•  At the end of each billing period, we add together each Credit Plan’s Daily Interest Charge and 

make other adjustments, which gives us the total interest charge. 

•  Your  Statement  will  show  a  Balance  Subject  to  Interest  Rate,  which  is  the  sum  of  the  Daily 

Balances for each day in the billing period divided by the total number of days. 

Rates 
•  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  Minimum  Payment  Due  by  the  Payment  Due  Date,  we  will 

charge you a late fee. 
o  The  fee  is  $28.00  if  you  were  not  charged  a  late fee  during  any  of  the  prior  six  billing 

periods. 

o  Otherwise, the fee is $39.00. 
o  This fee will not exceed the amount permitted by applicable law. 

•  Returned Payment Fee: We may charge you a fee for each payment that your bank doesn’t honor for 

any reason. 
o  The fee is $25.00 if you were not charged a returned payment fee during any of the prior six 

billing periods. 

o  Otherwise, the fee is $25.00. 
o  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. 

•  Document Fees: If we provide you with a copy of any Statement, sales draft or similar document 
at your request (except in connection with billing error inquiries or resolution), we may charge 
the Account the following fee(s), subject to any limitations of applicable law: 
o  Statement copy - $6.00 
o  Sales/Credit Draft copy - $6.00 
o  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. 

E. Other important information  
Collection costs 
You agree to pay our reasonable costs for collecting amounts due, including reasonable attorneys’ 
fees  and  court  costs  incurred  by  us  or  another  person  or  entity,  to  the  extent  not  prohibited  by 
applicable law and except as provided below. 
•  AL Residents: We will not charge attorneys’ fees if your unpaid balance is $300 or less. 
•  MD Residents: We will not charge you for costs other than attorneys’ fees. 
•  NH Residents: Reasonable attorneys’ fees may be awarded to you if you prevail in any action by 

or against us. 

•  WI Residents: If legal action is taken, we may seek statutory attorneys’ fees and costs, which 

you will pay if they are granted by the court. 

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  name,  mailing  address,  electronic  mail 
address or telephone number(s). 
Governing Law 
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WE ARE SPEAKING 
OF WHEN WE REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE 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. 
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 with applicable law. 

Notice to New Jersey Residents 
All provisions of this agreement are valid, enforceable and applicable in New Jersey. 
F. Disputes and Reporting to Consumer Reporting Agencies 
Credit Reports 
•  You give us permission to investigate your credit record. 
•  You agree that a credit report may be requested in connection with the processing of your credit 
application. A report may also be requested in connection with a credit extension, credit limit 
request,  Account  renewal  or  update,  Account  collection  action,  or  dispute  investigation.  Upon 
request, we will tell you the name and address of any consumer reporting agency that furnished 
a report on you. You consent to the obtaining of such reports by signing or otherwise submitting 
an application or solicitation. 

•  You understand that we may report negative information (such as, late payments, missed payments, 

or other defaults) about your Account to consumer reporting agencies. 

•  You give us permission to provide information about your Account to consumer reporting agencies 

and other creditors, as well as to the retailer whose name appears on your Card. 

Credit report disputes 
If you believe the Account information we reported to a consumer reporting agency is inaccurate, you 
may submit a direct dispute to Comenity Bank, PO Box 182789, Columbus, Ohio 43218-2789.  
Your written dispute must provide sufficient information to identify the Account and specify why the 
information is inaccurate: 
•  Account Information:  Your name and Account number 
•  Contact Information:  Your address and telephone number 
•  Disputed Information:  Identify the Account information disputed and explain why you believe it 

is inaccurate 

•  Supporting  Documentation:    If  available,  provide  a  copy  of  the  section  of  the  credit  report 

showing the Account information you are disputing 

We will investigate the disputed information and report the results to you within 30 days of receipt 
of the information needed for our investigation. If we find that the Account information we reported 
is inaccurate, we will promptly provide the necessary correction to each consumer reporting agency 
to which we reported the information. 
Your Billing Rights: Keep This Document For Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 
What To Do If You Find A Mistake On Your Statement 
If  you  think  there  is  an  error  on  your  statement,  write  to  us  at:  Comenity  Bank,  PO  Box  182782, 
Columbus, Ohio 43218-2782 
In your letter, give us the following information: 
•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what you believe 

is wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment 

on the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not 
required to investigate any potential errors and you may have to pay the amount in question. 
What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 
1.  

Within 30 days of receiving your letter, we must tell you that we received your letter. We 

will also tell you if we have already corrected the error. 

2.  

Within 90 days of receiving your letter, we must either correct the error or explain to you 

why we believe the bill is correct. 

While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•  The charge in question may remain on your statement, and we may continue to charge you interest 

on that amount. 

•  While you do not have to pay the amount in question, you are responsible for the remainder of 

your balance. 

•  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 
•  If we made a mistake: You will not have to pay the amount in question or any interest or other 

fees related to that amount. 

•  If  we  do  not  believe  there  was  a  mistake:  You  will  have  to  pay  the  amount  in  question,  along 
with applicable interest and fees. We will send you a statement of the amount you owe and the 
date payment is due. We may then report you as delinquent if you do not pay the amount we think 
you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 
days  telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as  delinquent 
without also reporting that you are questioning your bill. We must tell you the name of anyone to 
whom  we  reported  you  as  delinquent,  and  we  must  let  those  organizations  know  when  the  matter  has 
been settled between us. 
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you 
question even if your bill is correct. 
Your Rights If You Are Dissatisfied With Your Credit Card Purchases 
If you are dissatisfied with the goods or services that you have purchased with your credit card, 
and you have tried in good faith to correct the problem with the merchant, you may have the right 
not to pay the remaining amount due on the purchase. 
To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles of your current mailing 
address, and the purchase price must have been more than $50. (Note: Neither of these are necessary 
if your purchase was based on an advertisement we mailed to you, or if we own the company that sold 
you the goods or services.) 
2. You must have used your credit card for the purchase. Purchases made with cash advances from an 
ATM or with a check that accesses your credit card account do not qualify. 
3. You must not yet have fully paid for the purchase. 
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in 
writing at: 
Comenity Bank 
PO Box 182782, Columbus, Ohio 43218-2782 
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish 
our investigation, we will tell you our decision. At that point, if we think you owe an amount and 
you do not pay, we may report you as delinquent. 
G. Optional products 
Credit insurance (as applicable) 
Purchasing credit insurance is optional. If you do choose to carry credit insurance coverage, the 
premium charge will be added to your Account as a purchase on the last day of each billing period.  
You can cancel your coverage at any time. 
Account Assure Debt Cancellation (as applicable) 
•  Purchasing Account Assure is optional. 
•  Enrolling in Account Assure does not affect the terms of your existing credit agreement. 
•  The Account Assure fee is based on your monthly statement balance, which is your balance on the 

last day of each billing period. 

•  You will receive terms and conditions, which you should carefully read for all benefit details 

and exclusions.  

•  You may cancel Account Assure at any time. 
•  If  you  are  currently  unemployed,  disabled,  hospitalized  or  retired  you  are  not  eligible  for 
Account  Assure  benefits  for  your  present  situation;  however,  you  may  be  eligible  for  other 
benefits based on future events.  

H. 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”); 
Any email address you provide to us or any other person or company that provides any services 
in connection with this Agreement; 
Automated telephone dialing systems; 
Pre-recorded or artificial voice messages and any other form of communication. 

3. 
4. 
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 

2. 

recorded.   

•  You agree that we monitor and/or record any phone calls between you and us.   
•  Please  inform  all  authorized  cardholders  of  this  provision,  including  anyone  acting  on  your 

behalf or making payments on this Account. 
Communication in Languages Other Than English 
You agree to receive all communications and correspondence relating to your Account in English. We 
may,  at  our  option,  communicate  with  you  and/or  provide  translated  documents  in  a  language  other 
than English. Any such communications or documents are provided solely as a courtesy. We may stop 
communicating with you in non-English languages and/or providing translated documents at any time. 
While  we  have  attempted  to  ensure  the  accuracy  of  our  translations,  we  are  not  liable  for  any 
inaccuracies  in  translation  or  for  any  misunderstandings  due  to  differences  in  language  usage  or 
dialect. In the event of any inconsistencies between the English version and the translation, the 
English version will control. 
For Wisconsin residents: 
If you are married, please contact us immediately upon receipt of this Agreement at 1-800-889-0494  
(TDD/TTY 1-800-695-1788) and provide us with the name and address of your spouse. We are required to 
inform your spouse that we have opened a credit account for you. 
For bankruptcy notifications: 
All bankruptcy notices and related correspondence to Comenity Bank should be sent to the following 
address: Comenity Bank, Bankruptcy Department, PO Box 182125, Columbus, Ohio 43218-2125. 
I. Arbitration and jury trial waiver 
For Covered Borrowers under the Military Lending Act (MLA) 
The MLA prohibits us from requiring you to submit to arbitration as a condition of extending credit. 
For additional information see Section J below. 
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  Bank, PO Box 182436, Columbus, 
Ohio 43218-2436 (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.  
You may only 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 your name 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 Bank, PO Box 182422, Columbus, Ohio 43218-2422. 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 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,  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, 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. 
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 AN 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). 
J. Important Information for Covered Borrowers under the Military Lending Act 
• For New Accounts - Federal law provides important protections to members of the Armed Forces and 
their dependents relating to extensions of consumer credit. In general, the cost of consumer credit 
to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate 
of  36  percent.  This  rate  must  include,  as  applicable  to  the  credit  transaction  or  account:  The 
costs  associated  with  credit  insurance  premiums;  fees  for  ancillary  products  sold  in  connection 
with the credit transaction; any application fee charged (other than certain application fees for 
specified credit transactions or accounts); and any participation fee charged (other than certain 
participation fees for a credit card account). 

• A “Covered Borrower” is a consumer who, based on the determination made in accordance with 32 CFR 
Part 232.5, is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members 
and  Dependents  under  32  C.F.R.  Part  232.    Your  first  statement  will  indicate  whether  you  are  a 
Covered Borrower, based on a review of the Department of Defense’s database and/or a report from 
a consumer-reporting agency. If you’re a Covered Borrower, we will notify you in writing no later 
than 60 days after the determination made in accordance with 32 CFR Part 232.5. 

• This  Agreement  shall  be  interpreted  to  comply  with  the  Military  Lending  Act,  including  its 
restrictions on permissible loan terms and limitations on interest and fees. If you are a Covered 
Borrower:  (a)  the  Arbitration  Provision  and  jury  trial  waiver  shall  not  apply  to  you;  (b)  any 
interest  or  fees  in  excess  of  the  permitted  limit  shall  be  reduced  by  the  amount  necessary  to 
satisfy that limit and any amounts collected in excess of the permitted limit shall be refunded by 
crediting your Account or by making a direct payment to you; and (c) any other provision of this 
Agreement that is inconsistent with the Military Lending Act shall not apply to you. 

• To  hear  this  Military  Lending  Act  disclosure  and  the  payment  obligations  thereunder,  call  toll 

free 
1-800-695-1788. 

at 

1-866-230-0418; 

TDD/TTY  

82970I017  (02/19) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pricing Addendum  

Interest  Rates  and  Interest  Charges 
Annual  Percentage  Rate 
(APR)  for  Purchases 

How  to  Avoid  Paying 
Interest 

Prime rate plus 22.74%. 
This  APR  will  vary  with  the  market  based  on  the  Prime  Rate. 
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  $1.00  per 
credit  plan. 

  Fees 

•  Annual  Fee 
Penalty  Fees 
•  Late  Payment 
•  Returned  Payment 

None 

Up to $39.00 
Up  to $25.00 

Balance Computation Method  We  use a  method  called  "daily  balance."