7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 1/22Important Information Regarding
Electronic Communication
Read this information carefully and
keep a copy for your records
Prior to applying for a KA Y Jewelers Credit Card, Comenity Bank requests your consent to
provide you important information electronically .
You understand and agree that Comenity Bank may provide you with all required application
disclosures regarding your KA Y Jewelers Credit Card application in electronic form. These
disclosures include, but are not limited to, T erms and Conditions, the Credit Card Account
Agreement and Customer Privacy Statement.
You agree to keep us updated at all times with your current contact information. If your
contact information has changed please contact us at 1-855-506-2499  (TDD/TTY : 1-800-
695-1788 ).
This consent does not enroll you in paperless statements. In order to enroll in paperless
statements, please visit Account Center .
At your request, we will provide you with paper copies of these disclosures. Y ou have the
right to withdraw consent, without a fee. Please call us at 1-855-506-2499  to withdraw your
consent to receive electronic disclosures.
In order to receive electronic communications and to obtain the best view of these
communications you will need access to the Internet, have a web browser which supports
HTML, SSL-encryption, JavaScript, CSS, the capability to download and print these
disclosures, and Adobe Reader to view PDF files. Y ou may download it for free at
https://get.adobe.com/reader/ . Visit the Common Security Questions  page for additional
web browser information. By selecting the "Submit" button, you confirm that your system
meets these requirements and that you have the capability to access and download or print
electronic disclosures.
We recommend that you retain a copy of these disclosures for your records.
If this is a kiosk, this kiosk will display the disclosures listed above. Printed copies can be
obtained at the customer service desk.
Note: Y our KA Y Jewelers Credit Card account is issued by Comenity Bank Please review
Comenity Bank's Financial Privacy Policy  and Online and California Privacy Policy  for more
information. California Residents: Submit a Data Request Form to make a Do Not Sell My
Personal Information  request.
Rate and Fee Summary 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 2/22This Rate and Fee Summary (Summary) is part of the Credit Card Agreement (Agreement) for the KAY
Jewelers Credit Card Account. Read it and keep it.
Interest Rates and Interest
Charges
Annual Percentage Rate (APR)
for Purchases29.99%
How to Avoid Paying InterestYour due date is at least 25 days after the close of
each billing period. We will not charge you interest
on purchases if you pay your entire balance by the
due date each month. If you do not, you will not
get a grace period on purchases again until you
pay the entire balance by the due date for two
billing periods in a row.
Minimum Interest ChargeIf you are charged interest, the charge will be no
less than $2.
For Credit Card Tips from the
Consumer Financial Protection
BureauTo 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/learnmor
e.
Fees
Annual Fee None
Penalty Fees
� Late Payment
� Returned PaymentUp to $41
Up to $41
How We Will Calculate Your Balance: We use a method called �daily balance (including
current transactions).� Review your Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those
rights is provided in your Agreement.
Wisconsin Residents: If you are married, contact us upon receipt of this Agreement at the General
phone number in the How to Contact Us section below and give us your spouse�s name and address.
Print Date: This Summary was printed June 2022. The information was accurate as of that date but
may have changed. To find out more, contact us at the General mailing address or phone number in 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 3/22the How to Contact Us section below.
Issuer Name: Your Card is issued by Comenity Bank.
Governing Law: This loan is made in Delaware and this Agreement is governed by Delaware and
federal law.
Rate Information: The following chart provides details on your rates as of the Print Date shown
above.
APR Daily Periodic RateMargin
Purchases 29.99% 0.08216% N/A
Annual Fee: If there is an Annual Fee in the Fees table above, this fee will be charged with the close
of your first billing period and annually thereafter. We will refund this fee if you close your Account
within 30 days of the mailing or delivery date of the statement on which the fee appears. The fee is
otherwise non-refundable.
Late Fee: If you do not pay the Minimum Payment by the Due Date, we charge a Late Fee. The fee is
$30 if you were not charged a Late Fee during the prior six billing periods. Otherwise, it is $41. This
fee will not exceed the amount permitted by law.
Returned Payment Fee: If you make a payment that is not honored, we charge a Returned Payment
Fee even if the payment is honored on resubmission. The fee is $30 if you were not charged a
Returned Payment Fee in the same or the prior six billing periods. Otherwise, it is $41. This fee will
not exceed the amount permitted by law.
Alternative Payment Method Fee: We may allow you to make an expedited payment over the phone. If
you do, we may charge a fee. Currently, that fee is up to $15. We�ll let you know the current fee
before you authorize any payment and you can withdraw your request if you don�t want to pay the fee.
Promotional Credit Plans: Purchases made at a participating KAY Jewelers location or the KAY
Jewelers website on a KAY Jewelers Credit Card Account may qualify for a Promotional Credit Plan as
described below. As of the Print Date, your Purchase APR is 29.99%.
Current offers may include:
Deferred Interest, Equal Payment: No interest if paid in full within 6, 12, 18, or 60 months. Interest
will be charged to the Account from the purchase date at the Purchase APR if the plan balance is not
paid in full within the promotional period.
Deferred Interest, Payment Required: No interest if paid in full within 6, 12, 18, or 24 months.
Interest will be charged to the Account from the purchase date at the Purchase APR if the plan
balance is not paid in full within the promotional period.
Low APR, Equal Payment: 9.99% APR for 36 or 60 months; 14.99% APR for 36 or 48 months; 16.99%
APR for 36, 48, or 60 months. After that the Purchase APR will apply to any remaining plan balance.
Applicable to All Promotional Credit Plans
Available plans and offer terms are subject to change. Plan availability may be limited to
certain locations or web purchases. For more information, visit a participating KAY Jewelers
location or the KAY Jewelers website. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 4/22Minimum payments are required for each Credit Plan. Review the Minimum Payment section below
for more details.
Minimum payments are not guaranteed to pay the promotional plan balance within the promotional
period. You may have to pay more than the minimum payment to avoid paying interest at the
purchase APR. Some balances may be paid off before the promotional period ends.
Your minimum payment may be higher than if you did not select promotional financing.
Valid for single transaction only. If the single transaction has multiple shipments, each shipment
may result in a separate Credit Plan, subject to a separate minimum purchase requirement and
minimum interest charge.
Minimum Payment: You may pay the entire Account balance at any time. You must pay at least the
Minimum Payment each billing period by the Due Date on your statement.
If the New Balance on your statement is less than $30 (or $37 if you were charged a Late Fee during
the prior six billing periods), the Minimum Payment is the New Balance. If the New Balance is more
than $30 (or $37 if you were charged a Late Fee during the prior six billing periods), the Minimum
Payment is the Past Due amount plus the sum of the amounts due on each Credit Plan as follows:
Regular Purchase, Deferred
Interest, Payment Required or
Waived Interest, Payment
Required3.5% of plan balance at end of billing period rounded up to
nearest $1 (minimum $5)
Deferred Interest, Equal Payment
or Waived Interest, Equal PaymentPurchase amount divided by number of months in promotional
period rounded up to nearest $1 (minimum $5)
Low APR, Equal PaymentPurchase amount including calculated interest charges from
purchase date through end of promotional period divided by
number of months in promotional period rounded up to nearest $1
(minimum $5)
Deferred Interest, Low Payment or
Waived Interest, Low Payment1% of plan balance at end of billing period rounded up to nearest
$1 (minimum $5)
Budget Payment or Open Charge
Budget PaymentMonthly payments of $49, $99, $149, $199 or $299, as specified
in offer based on transaction amount
Open Charge (except Open Charge
Budget Payment)Dependent upon above for corresponding Credit Plan
If your balance increases during the Open Charge Period, your
Minimum Payment will increase
How to Contact Us:
Arbitration Claims Comenity Bank, PO Box 182436, Columbus, OH 43218-2436
Arbitration Rejection Comenity Bank, PO Box 182422, Columbus, OH 43218-2422
Bankruptcy NotificationsComenity Bank, Bankruptcy Department, PO Box 182125, Columbus, OH
43218-2125
Billing Errors Comenity Bank, PO Box 182782, Columbus, OH 43218-2782 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 5/22Credit Reporting
DisputesComenity Bank, PO Box 182789, Columbus, OH 43218-2789
Disputed Debts 3000 Kellway Drive, Suite 120, Carrollton, TX 75006
GeneralCredit Card Customer Care:
� KAY Jewelers: 1-855-506-2499
� TDD/TTY: 1-800-695-1788
� comenity.net/kay
� Comenity Bank, PO Box 182273, Columbus, OH 43218-2273
When writing, include your name, address, phone number and Account
number.
Credit Card Agreement
This Agreement, including the Summary, is your contract with us. Read it and keep it.
Acceptance: You accept this Agreement if you use the Account or you do not cancel your Account
within 30 days after delivery of the Agreement. Your signature on any application or solicitation for this
Account or other evidence of indebtedness on your Account is your signature on this Agreement.
Arbitration: This Agreement includes an Arbitration Provision with class action and jury trial waivers.
You can reject the Arbitration Provision. If you do not, it will be part of this Agreement.
Changes: The rates, fees and terms of this Agreement may change and we may add or delete any
term. We will give you advance notice and a right to reject, if required by law.
Definitions
Account: the credit card account with us under this Agreement.
Authorized User: any person you allow to use your Account.
Card: one or more cards or access devices, including your Account number or virtual card, we issue to
you, or someone you authorize, to get credit under this Agreement.
Cash Advance: if applicable, the use of your Account to:
get cash from an ATM, financial institution or other location;
buy lottery tickets, money orders, foreign currency, gift cards or similar items;
get cash or pay someone using a check we offer for that purpose;
make any other transaction the merchant codes as a cash advance, money transfer or gambling.
Credit Plan: each balance subject to different financing terms, such as regular purchases, Cash
Advances, and promotional plans.
Margin: the amount added to the Prime Rate to determine a variable APR. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 6/22Prime Rate: the U.S. Prime Rate in the Money Rates section of The Wall Street Journal on the last
business day of the calendar month.
We, us or our: the issuer of your Card and its successors and assignees.
You, your or yours: each person who submits an application or solicitation for an Account and any
other person contractually liable under this Agreement.
Using Your Account
Your AgreementYou agree to use your Account in accordance with this Agreement. You agree to pay
us for all amounts due on your Account, including charges made by Authorized
Users. You agree not to use your Account for illegal transactions.
Use of AccountYou may use your Account to make purchases anywhere the Card is accepted. If
your Card has the logo of one of our network providers (e.g., American Express,
Visa and Mastercard), you may use your Account to make Cash Advances.
Authorized
UsersYou may request Cards for Authorized Users. You must notify us if you wish to
cancel the authority of an Authorized User to use your Account.
Joint AccountsIf this is a joint Account, each of you agrees to be individually and jointly liable for
the entire amount owed. Any notice we send to either of you will serve as notice to
both of you.
Credit
AuthorizationsWe may decline to authorize a transaction for any reason. We will not be liable to
you if we do or if anyone refuses any use of your Card.
Credit LimitWe will tell you your credit limit or limits. Keep your balance below your credit limit
or limits. If you do not, you must still pay us. We may change your credit limit or
limits at any time, without notice.
Promotional
Credit PlansWe may offer special financing terms, such as deferred interest, waived interest, low
APR or equal payment options. The Credit Plan or Plans will be subject to the terms
of the offer and this Agreement.
Electronic
AccessApplications (apps) on electronic devices (such as mobile wallets) can store your
Card and be used to get credit under this Agreement. Such transactions are covered
by this Agreement. Apps may have separate terms of use. We are not responsible for
any consequences from your violation of those terms.
APRs and Interest Based on APRs
Review your Summary for the APRs that apply to your Account
Variable APRsWe add the applicable Margin specified in the Rate Information chart on the
Summary to the Prime Rate to determine Variable APRs. Variable APRs increase or
decrease when the Prime Rate changes but will not exceed any Maximum APR
specified in the Rate Information chart.
Any APR change will take effect on the first day of the billing period that begins
after the Prime Rate changes. Increased APRs will increase your interest charges
and may increase your Minimum Payment.
Daily Balance
Method
(includingWe calculate interest for each Credit Plan each day by applying the applicable daily
periodic rate to the daily balance. The daily periodic rate is the APR for the Credit
Plan divided by 365. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 7/22current
transactions)We start with the beginning balance each day (including unpaid interest and fees).
We add new transactions and fees to the applicable Credit Plan. We add transaction
fees to the same Credit Plan as the transaction. We add all other fees to the regular
purchase Credit Plan.
We subtract new credits and payments from the applicable Credit Plan and make
other adjustments to get the partial daily balance.
We multiply the partial daily balance by the daily periodic rate to get the daily
interest.
We add the daily interest to the partial daily balance to get the daily balance. This
results in daily compounding of interest.
We add all the daily interest to get the total interest for the Credit Plan for the
billing period. For a Deferred Interest Credit Plan, this interest is deferred.
We round interest to the nearest cent.
InterestCharging Interest: Interest begins on a transaction, fee or interest from the day
added to the daily balance until paid in full.
How to Avoid Paying Interest on Regular Purchases (Grace Period): If you did not
have a Previous Balance, or if you paid the New Balance on your previous statement
by the Due Date on that statement, we will not charge interest on new regular
purchases, or any portion thereof, paid by the Due Date on your current statement.
If you have promotional Credit Plans and/or balance transfers, we may exclude some
of those balances from the amount you have to pay in a billing period to keep your
Grace Period. However, you must pay (i) any required minimum payment on such
balances, (ii) the full amount of any Cash Advances and (iii) the full amount of any
promotional Credit Plan that expires in that billing period.
You Could Lose Your Grace Period: If you do not pay your New Balance in full
each billing period, then, depending on how we apply your payment, you may not get
a Grace Period on new regular purchases. Once you lose your Grace Period, you
can get it back by paying the New Balance (less any promotional Credit Plans and/or
balance transfers as described above plus any interest charged up to the date the
payment posts) in full for two billing periods in a row.
Waived Interest Credit Plan: We do not impose interest on plan balances during the
promotional period. After the promotional period, any remaining balance is added to
the regular purchase balance and is subject to interest at the then-current rate for
regular purchases.
Deferred Interest Credit Plan: Interest accrues on plan balances from the
transaction date. We do not impose that interest if you pay the balance in full by the
end of the promotional period. After the promotional period, any remaining balance
and interest from the transaction date is added to the regular purchase balance and
is subject to interest at the then-current rate for regular purchases.
Payments
Payment
InstructionsWe credit payments in accordance with the terms on your statement. Review your
statement for details.
Pay in U.S. dollars, in funds on deposit in the U.S. If you don�t, we may refuse your
payment or charge you our costs to collect the funds. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 8/22How We Apply
PaymentsWe apply payments up to the Minimum Payment at our discretion, which may result
in balances at lower APRs being paid first and higher interest charges. Payments
over the Minimum Payment will be applied in accordance with law.
Other Information
DefaultYou are in default if:
� you fail to comply with this Agreement or any other agreement with us or an
affiliate;
� a bankruptcy or other insolvency proceeding is filed by or against you;
� we reasonably believe you are unable or unwilling to repay us;
� you die or are legally incompetent or incapacitated;
� you give us misleading, false, incomplete or incorrect information or fail to give us
any information we deem necessary.
If you are in default, we may declare the entire balance immediately due and
payable without notice.
Collection CostsIf we use an attorney to collect your Account, we may charge you our costs if and
as permitted by law. These may include reasonable attorneys� fees and court costs.
Privacy PolicyYou authorize us to share information about you and your Account as permitted by
law. Review our Privacy Statement for details about our information sharing
practices.
Credit ReportingWe may check your credit, employment and income records in connection with an
application, update, renewal or extension of credit on your Account (including
collections and dispute investigations). You consent to our obtaining such records by
submitting an application or solicitation. Upon request, we will tell you the name and
address of any credit reporting agency that furnished a report on you. We may report
Account status and payment history to credit reporting agencies, other creditors and
the company whose name or brand appears on your Card.
Unauthorized
UseNotify us immediately at the General mailing address or phone number in the How to
Contact Us section of the Summary and assist us in our investigation if your Card is
lost or stolen or you believe someone is using your Card without your permission.
Closing Your
AccountYou may close your Account at any time. You remain responsible for any amount
owed under this Agreement. We may close, suspend or not renew your Account at
any time, for any reason, without notice.
Foreign
TransactionsIf applicable, transactions in foreign currency are converted to U.S. dollars by our
network providers (e.g., American Express, Visa and Mastercard) using their
procedures in effect when the transaction is processed. Currently, they use a
government-mandated or wholesale rate. These procedures may change without
notice.
The conversion rate you get may differ from the rate on the transaction or post date
and from the rate our network provider gets. A third party may convert a transaction
into U.S. dollars or another currency, using a rate they select, before sending it to
our network provider.
For any transaction made or processed outside the U.S. or in a foreign currency, we
charge a fee in the amount on the Summary.  7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 9/22Conformance
with Law;
SeverabilityIf any part of this Agreement conflicts with applicable law, that provision will be
considered modified to conform to applicable law. If any part of this Agreement is
invalid, the rest shall remain in effect, except as otherwise noted in the Arbitration
Provision.
No WaiverWe will not lose our rights under this Agreement because we delay or do not enforce
them.
AssignmentWe may assign any or all of our rights and obligations under this Agreement to a
third party. You may not assign any of your rights or obligations under this
Agreement.
New Jersey
ResidentsAll provisions of this agreement are valid, enforceable and applicable in New Jersey.
Communications with Us
Monitoring and Recording: Your communications with us and our affiliates, servicers, agents and
contractors may be monitored or recorded. Inform Authorized Users and persons acting on your behalf
or making payments on this Account of this provision.
Communication Authorization: You give direct consent to us and our affiliates, servicers, agents and
contractors, including collection agents, to communicate with you in any way to service or collect your
Account, such as calling, texting or email via:
any phone number you give us even if the number is or converts to a mobile phone number;
any other number you provide, use to contact us or may utilize;
any other device or service for which you may be charged for the call, including Voice Over
Internet Protocol (VOIP); and
any email address you provide to us or any other person or company that provides any services
in connection with this Agreement.
Subject to any restrictions of applicable law, we may contact you using automated telephone dialing
systems and/or pre-recorded or artificial voice messages and any other form of communication.
Communications may result in additional mobile, text message, data or other charges.
You may change your preferences by calling the General phone number on the Summary.
Disputed Debts: All written communications about disputed amounts, including any check or payment
instrument marked �payment in full� or similar, must be sent to the address for Disputed Debts on the
Summary. We may accept payments sent to any other address without losing our rights.
Bankruptcy Notifications: Send bankruptcy notices and related correspondence to the address for
Bankruptcy Notifications on the Summary.
Changes: You agree to notify us at the General phone number or address on the Summary or by
updating your information on Account Center immediately upon changing your name, email address,
mailing address or phone number. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 10/22Communication in Languages Other Than English: You agree to receive all Account communications
in English. We may, at our option, communicate with you in other languages as a courtesy. We may
stop communicating with you in non-English languages at any time. While we try to ensure accuracy of
translations, we are not responsible for any inaccuracies in translation or misunderstandings due to
differences in usage or dialect. In the event of inconsistency between the English version and the
translation, the English version will control.
Notice for Active Duty Military Members and Their Dependents
The following disclosures apply to you if, in connection with opening your Account, we determine you
are a �covered borrower� as defined in the Military Lending Act, which includes eligible active duty
members of the Armed Forces and their dependents:
The provision of this Agreement titled �Arbitration and Jury Trial Waiver� does not apply to you.
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).
To hear information about these protections and a description of your payment obligations, call
toll free at 1-866-230-0418 (or at the General TDD/TTY number on the Summary).
Arbitration and Jury Trial Waiver
Key ProvisionsPlease review the following important provisions carefully. Pay special attention
to Paragraphs:
� A: Jury Trial Waiver;
� C: Arbitration Provision;
� C.1: Right to Reject;
� C.6: Court and Jury Trials Prohibited; Other Limitations on Legal Rights; and
� C.7: Class Action Waiver.
A. Jury Trial
WaiverTo 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
CurePrior 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 ("Respondent") written
notice of the Claim ("Claim Notice") and a reasonable opportunity, not less than 30
days, to resolve the Claim through good faith efforts of both parties. Any Claim
Notice to you shall be sent to the address we have in our records (or any updated 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 11/22address you subsequently provide to us). Any Claim Notice to us shall be sent by
mail to the address for Arbitration Claims on the Summary (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 Respondent
reasonably requests. Any statute of limitations applicable to the Claim described in
the Claim Notice shall be tolled during the period between the date that the Claim
Notice is sent by mail and the later of:
a. 60 days after receipt of the Claim Notice, or
b. 30 days after either Claimant or Respondent informs the other that good faith
efforts to resolve the Claim informally have ceased.
A lawsuit or arbitration proceeding may not be commenced unless the Claimant has
complied with this Notice and Cure provision. A court will have authority to enforce
this Notice and Cure provision, including the power to enjoin the filing or prosecution
of arbitrations without first complying with said provision. Unless prohibited by
applicable law, the arbitration Administrator is without authority to accept or
administer any arbitration proceeding unless the Claimant has complied with this
Notice and Cure provision.
C. Arbitration
ProvisionReview this provision carefully. If you do not reject it in accordance with
Paragraph C.1, Right to Reject, 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
RejectIf 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, address,
Account number 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 the address for Arbitration Rejection on the Summary. A
rejection notice is only effective if it is personally signed by you 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. PartiesSolely as used in this Arbitration Provision (and not elsewhere in this Agreement),
the terms �we,� �us� and �our� mean
a. the issuer of your Card named on the Summary and its successors and/or assigns,
as well as any parent, subsidiary or affiliate of theirs and their employees, officers
and directors (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 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 12/22rewards 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 on contract, tort,
consumer rights, fraud and other intentional torts, constitution, statute, regulation,
ordinance, common law and equity (including any claim for individual 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, Prohibitions Against Certain Proceedings (Class Action Waiver),
Paragraph C.13, Severability, 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
ArbitrationArbitration 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. You and we will not
choose to arbitrate any individual Claim you or we bring in small claims court or
your or our state�s equivalent court. This means you or we may bring an action in
small claims court without being subject to arbitration. Moreover, if an arbitration
demand has been made within the jurisdictional limits of the applicable small claims
court, you or we may instruct the arbitration Administrator to close the case because
the dispute should be decided by a small claims court. However, if a Claim is
transferred, removed or appealed from small claims court to a different court, or if
any Claim brought in small claims court exceeds the small claims court limit or
attempts to change an individual Claim into a class or other representative Claim,
you or we will then have the right to demand arbitration.
5. Administrator"Administrator" means the American Arbitration Association ("AAA"), 120 Broadway,
21st Floor, New York, NY 10271, www.adr.org, or National Arbitration and Mediation
(�NAM�), 122 East 42nd Street, Suite 803, New York, NY 10168, www.namadr.com, to
be selected by mutual agreement of the parties. If the parties are unable to select
an Administrator by mutual consent, the Administrator will be selected by a court
with jurisdiction pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. �� 1-
16 ("FAA"). 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. Notwithstanding any language
in this Arbitration Provision to the contrary, no arbitration may be administered by
any Administrator that has in place a formal or informal policy that is inconsistent
with the Class Action Waiver, without the consent of all parties to the arbitration.
6. Court and
Jury Trials
Prohibited; Other
Limitations on
Legal RightsIf you or we elect to arbitrate a Claim, you will not have the right to pursue
that Claim in court or have a jury decide the Claim. Also, your ability to obtain
information from us is more limited in arbitration than in a lawsuit. Other rights
that you would have if you went to court may also not be available in
arbitration. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 13/227. Prohibition
Against Certain
Proceedings
(Class Action
Waiver)If you or we elect to arbitrate a Claim:
a. 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;
b. neither you nor we may act as a private attorney general in court or in
arbitration;
c. absent the written consent of all parties, Claims brought by or against you
may not be joined or consolidated with Claims brought by or against any other
person; and
d. the arbitrator shall have no power or authority to conduct a class-wide
arbitration, private attorney general arbitration or other representative
arbitration.
8. Location and
CostsAny arbitration hearing that you attend must take place at a location reasonably
convenient to you. The parties shall pay filing, administrative and arbitrator fees in
accordance with the Administrator�s rules and applicable law. However, if we receive
a written request personally signed by you, stating that you cannot afford to pay
your portion of said fees, we will pay them for you. The parties shall also bear the
fees and expenses of their own attorneys, experts and witnesses unless otherwise
required by applicable law, this Agreement or the Administrator�s rules. Provided
such an award is permitted by applicable law, the arbitrator may also allocate
compensation, expenses, and administrative fees (which include filing and hearing
fees) to any party upon the arbitrator�s determination that the party�s claim or
counterclaim was filed for purposes of harassment or is patently frivolous.
9. Governing LawThis Arbitration Provision involves interstate commerce and is governed by the 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 in an individual case 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. DiscoveryIn 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
AppealsJudgment 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. InterpretationThis 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 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 14/22or the other provisions of this Agreement, this Arbitration Provision shall govern.
This Arbitration Provision replaces any Prior Arbitration Agreement.
13. SeverabilityIf 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.
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 the address for Billing Errors on the
Summary
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. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 15/22While 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. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 16/22If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in
writing at the address for Billing Errors on the Summary.
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.
Pricing Addendum
Interest Rates and Interest
Charges
Annual Percentage Rate (APR)
for Purchases29.99%
How to Avoid Paying InterestYour due date is at least 25 days after the close
of each billing period. We will not charge you
interest on purchases if you pay your entire
balance by the due date each month. If you do
not, you will not get a grace period on purchases
again until you pay the entire balance by the due
date for two billing periods in a row.
Minimum Interest ChargeIf you are charged interest, the charge will be no
less than $2.
Fees
Annual Fee None
Penalty Fees
� Late Payment
� Returned PaymentUp to $41
Up to $41
Balance Computation MethodWe use a method called "daily balance (including
current transactions)."
If you have been preapproved, see below for details of your of fer.
You can choose to stop receiving �prescreened� offers of credit from this and
other companies by calling toll-free 1-888-567-8688. See Prescreen & Opt-out
Notice below for more information about prescreened offers. 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 17/22PRESCREEN & OPT -OUT NOTICE This �prescreened� of fer of credit is based on
information in your credit report indicating that you meet certain criteria. This of fer is not
guaranteed if you do not meet our criteria. If you do not want to receive prescreened of fers
of credit from this and other companies, call the consumer reporting agencies toll-free, 1-
888-567-8688 ; or write: Experian, PO Box 919, Allen, TX 75013; T ransUnion, PO Box 505,
Woodlyn, P A 19094; Equifax, PO Box 740123, Atlanta, GA 30374; SageStream, LLC, PO
Box 503793, San Diego, CA 92150; Innovis, PO Box 495, Pittsburgh, P A 15230-0495 .
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)
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 ).
I am applying to Comenity Bank for , and hereby request, a KA Y Jewelers Credit Card for personal,
family or household use. I hereby authorize Comenity Bank to investigate my credit record. The
information that I have supplied is true and correct. I agree that a credit report may be obtained for any
lawful purpose, including in connection with the processing of an application, or subsequently with the
update, renewal or extension of credit. Upon my request, I will be informed of whether or not a
consumer credit report was ordered, and if it was, I will be given the name and address of the
consumer-reporting agency that furnished the report. I agree to be bound by the terms of the KA Y
Jewelers Credit Card account agreement. I acknowledge that I will receive a KA Y Jewelers Credit
Card account agreement upon approval. I also acknowledge that there is no agreement between
Comenity Bank and me until Comenity Bank approves my credit application and accepts the KA Y
Jewelers Credit Card account agreement at its of fice in Delaware and that the KA Y Jewelers Credit
Card account agreement is deemed to be made in Delaware. Credit Card are issued and credit is
extended by Comenity Bank, Wilmington, Delaware.
Please note:
By submitting this credit application, you are agreeing to the following with respect to certain
consumer information about you.
You hereby authorize Comenity Bank ("us" or "we") to furnish our decision to issue an account to you
to KA Y Jewelers Credit Card. Y ou hereby authorize us to furnish, if your application is approved,
information concerning your account to credit bureaus, other creditors and KA Y Jewelers Credit Card.
Check your information before submitting. W e cannot process any submission without a complete and
accurate name, address, date of birth and social security number . By submitting this Application you
are acknowledging having read and understood the Important Rate, Fee and Other Cost Information
and, if approved, agreeing to be bound by them.
Financial Privacy Policy 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 18/22http://www .comenity .net/kay/images/privacy .pdf (PDF)
You need Adobe Reader to view PDF files. Y ou may download  it for free from Adobe.
FACTSWHAT DOES COMENITY DO WITH YOUR
PERSONAL INFORMATION?
Why?Financial companies choose how they share your personal
information. Federal law gives consumers the right to limit
some but not all sharing. Federal law also requires us to
tell you how we collect, share, and protect your personal
information. Please read this notice carefully to understand
what we do.
What?The types of personal information we collect and share
depend on the product or service you have with us. This
information can include: 
Social Security number and income 
Account balances and transaction history 
Credit history and credit scores
How?All financial companies need to share customers' personal
information to run their everyday business. In the section
below, we list the reasons financial companies can share
their customers' personal information; the reasons Comenity
chooses to share; and whether you can limit this sharing.
Reasons we can share your personal
informationDoes
Comenity
share?Can you
limit this
sharing?
For our everyday business purposes-such as to
process your transactions, maintain your account (s),Yes No 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 19/22respond to court orders and legal investigations, or
report to credit bureaus
For our marketing purposes- such as to offer our
products and services to youYes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes-
information about your transactions and experiencesYes No
For our affiliates' everyday business purposes-
information about your creditworthinessYes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes
To limit our
sharingOur menu will prompt you through your choices: 
Comenity Bank customers: Call 1-800-220-1181
(TDD/TTY 1-800-695-1788) 
Comenity Capital Bank customers: Call 1-877-287-5012
(TDD/TTY 1-888-819-1918) 
Bread Pay Customers: Email
support@breadpayments.com or call 1-844-992-7323
Please note: 
If you are a new customer, we can begin sharing your
information 30 days from the date we sent this notice.
When you are no longer our customer, we continue to
share your information as described in this notice. 
However, you can contact us at any time to limit our
sharing.
Questions? Call 1-866-423-1097 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 20/22Who we are
Who is
providing this
notice?This privacy notice is provided by the Bread Financial
Holdings, Inc. family of companies, including Comenity
Bank, Comenity Capital Bank, and Lon Operations LLC (dba
Bread Financial).
What we do
How does
Comenity
protect my
personal
information?To protect your personal information from unauthorized
access and use, we use security measures that comply with
federal law. These measures include computer safeguards
and secured files and buildings.
How does
Comenity collect
my personal
information?We collect your personal information, for example, when
you 
open an account or provide account information 
give us your income information 
use your credit or show your driver's license 
We also collect your personal information from others, such
as credit bureaus, affiliates, or other companies.
Why can't I limit
all sharing?Federal law gives you the right to limit only 
sharing for affiliates' everyday business purposes-
information about your creditworthiness  7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 21/22affiliates from using your information to market to you 
sharing for nonaffiliates to market to you 
State laws and individual companies may give you
additional rights to limit sharing. See below for more on
your rights under state law.
What happens
when I limit
sharing for an
account I hold
jointly with
someone else?Your choices will apply to everyone on your account.
Definitions
AffiliatesCompanies related by common ownership or control. They
can be financial and nonfinancial companies.
Our affiliates include companies with a Bread or
Comenity name; financial companies such as Comenity
Bank, Comenity Capital Bank, and Lon Operations LLC
(dba Bread Financial); and nonfinancial companies
such as Bread Financial Holdings, Inc. (formerly
�Alliance Data�).
NonaffiliatesCompanies not related by common ownership or control.
They can be financial and nonfinancial companies. 
Nonaffiliates we share with can include financial
service providers, retailers, direct marketers,
publishers and nonprofit organizations.
Joint marketing 7/13/22, 1 1:03 AM Kay Jewelers Credit Card - Legal Docs - Credit Card Agreement
https://d.comenity .net/kay/pub/requestCca/requestCca.xhtml 22/22A formal agreement between nonaffiliated financial
companies that together market financial products or
services to you. 
Our joint marketing partners may include lenders and
insurance companies.
Other important information
We also will comply with more restrictive state laws to the extent that they
apply; for example, Vermont or California.