81812I035 (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 1-866-254-
9971 (TDD/TTY 1-888-819-1918) 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 Express 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

29.24%   
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 $2.00 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

None

Penalty Fees 
• 
• 

Late Payment 
Returned Payment

Up to $39.00 
Up to $39.00

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 

23.74% 

29.24%   

0.08010% 

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  $2.00  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) 5% 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 1-800-201-4955  (TDD/TTY: 1-800-695-1788), 
or  write  us  at  Comenity  Bank,  PO  Box  182273,  Columbus,  Ohio  43218-2273  or  visit  our  website  at 
comenity.net/express. 
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 Express 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  Express  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 1-800-201-4955  
(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  Defer Interest, Low Payment 
o Waive Interest, Low Payment o Low APR, Equal Payment 
o Defer Interest, Equal Payment o  Budget Payment 

Defer Interest, Payment Required 

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) 5% (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  $28.00  if  you  were  not  charged  a  returned  payment  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. 

•  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. 

2. 

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 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  1-800-201-4955  
(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 Capital 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 
Capital  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 Capital Bank, any parent, subsidiary or affiliate of the Bank and 
the employees, officers and directors of such companies (the “Bank Parties”); and (b) any other person or 
company that provides any services in connection with this Agreement if you assert a Claim against such 
other person or company at the same time you assert a Claim against any Bank Party. 
3. Covered Claims:  “Claim” means any claim, dispute or controversy between you and us that in any way 
arises  from  or  relates  to  this  Agreement,  the  Account,  the  issuance  of  any  Card,  any  rewards  program, 
and/or any prior agreement or account. “Claim” includes disputes arising from actions or omissions prior 
to the date any Card was issued to you, 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 at 

1-866-230-0418; TDD/TTY 1-800-695-1788. 

81812I035 (02/19) 

 
 
 
 
 
 
 
 
 
 
 
 
Pricing Addendum  

Interest  Rates  and  Interest  Charges 
Annual  Percentage  Rate 
(APR)  for  Purchases 

How  to  Avoid  Paying 
Interest 

Prime rate plus 23.74%. 
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  $2.00  per 
credit  plan. 

Fees 
•  Annual  Fee 
Penalty  Fees 
•  Late  Payment 
•  Returned  Payment 
Balance Computation Method  We  use a  method  called  "daily  balance." 

Up to $39.00 
Up to $39.00 

None