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Your Elder-Beerman 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.
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, and credit limits, and how 

D. 

payments are calculated and applied
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

Privacy statement: how we collect, use, share, and protect your personal informa-
tion; and the privacy choices you can make.
Financial terms of your account

Interest Rates and Interest Charges
24.99%  
This	APR	will	vary	with	the	market	based	
on	the	Prime	Rate.

Annual Percentage 
Rate (APR) for 
Purchases

How to Avoid 
Paying Interest

Minimum Interest 
Charge

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.  

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 $35
Up to $35

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 June 1, 
2014.	We	divide	the	APR	by	365	to	determine	the	daily	periodic	rate.

Add to Index

APR

Daily	Periodic	Rate

Purchase	APR

21.74%

24.99%

0.06846%

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 $25.00. If your Account balance is less than $25.00, 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)	3.5%	of	the	New	Balance	shown	on	your	Statement	for	that	
Credit Plan (rounded up to the nearest $1.00). 

See	Minimum	Payment	in	Section	C	below	for	promotional	credit	plan	minimum	
payment calculations. 
The	APR	information	described	below	is	accurate	as	of	June	1,	2014.		Due	to	a	
change in the index, this information may have changed.  To find out more, call 
us at 1-855-567-7742  (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/elderbeerman.
A. Getting Started
Definitions
In	 this	 Agreement,	 “We,”	 “Us”	 and	 “Our”	 mean	 Comenity	 Bank.	 “You”	 and	
“Your”	mean	each	person	who	submits	an	application	or	solicitation	for	an	Ac-
count	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	Elder-Beerman	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	respon-
sible for repaying all amounts due.  If more than one person is responsible 
for this Account, we will only provide billing statements and communica-
tions 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	 Elder-Beerman	 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	pay-
able  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	

o	

of our rights.
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

•	
•	
•	

•	

•	

•	

•	

•	

•	

•	

•	
Minimum Payment
•	

32180I006 (06/14)

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  im-
mediately 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 1-855-567-7742  (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 re-
quirements 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	promo-
tional	period	ends,	the	balance	will	be	transferred	to	your	Regular	Revolving	
balance.
Promotional	Credit	Plans	may	include:
o	 Waive	Interest,	Payment	Required	 o	 Defer	Interest,	Payment	Required
o	 Waive	Interest,	Equal	Payment	
o	 Waive	Interest,	Low	Payment	
o	 Defer	Interest,	Equal	Payment	

o	 Defer	Interest,	Low	Payment
o	 Low	APR,	Equal	Payment
o	 Budget	Payment

•	

•	

•	

Skip-payment option
•	
•	

At	our	discretion,	we	may	allow	you	to	skip	making	the	Minimum	Payment.
Interest	Charges	will	be	assessed	during	the	skip-payment	period,	but	a	late	
fee won’t be imposed.  This will not be considered a waiver of any of the 
rights granted by this Agreement.
All	other	terms	of	your	Account	apply	during	the	skip-payment	period.

•	
•	

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	transac-
tions, 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.

•	
Credit limit
•	

•	

•	

•	

•	

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	Regu-
lar	Revolving	and	promotional	Credit	Plans	plus	any	Past	Due	amounts.
The	Total	Minimum	Payment	won’t	be	less	than	$25.00.	If	your	Account	
balance is less than $25.00, 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	In-
terest,	Payment	Required	and	Defer	Interest,	Payment	Required	Credit	
Plans will be the greater of:

o	

o	

o	

(a) $5.00; or
(b)	3.5%	(rounded	up	to	the	nearest	$1.00)	of	the	New	Balance	
shown on your Statement for that Credit Plan.

The	minimum	payment	for	the	Waive	Interest,	Equal	Payment	and	De-
fer	Interest,	Equal	Payment	Credit	Plans	will	be	the	amount	of	the	pur-
chase divided by the number of months between the date of the pur-
chase and the promotional period end date (minimum $5.00) rounded 
up to the nearest $1.00.
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  be-
tween the date of the purchase and the promotional period end date 
(minimum $5.00) rounded up to the nearest $1.00.
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	up	to	the	nearest	$1.00)	of	the	New	Balance	
shown on your Statement for that Credit Plan.

Payment application
•	 We	reserve	the	right	to	apply	payments	equal	to	or	less	than	the	Total	Mini-
mum 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 bill-
ing periods of the promotional period.

•	

•	

D. Interest, fees and charges
Interest charges
•	

If	 you	 make	 a	 purchase	 under	 a	 Regular	 Revolving	 Credit	 Plan,	 interest	
charges won’t be imposed in any billing period in which (i) no Previous Bal-
ance exists or (ii) payments received and credits issued by the Payment Due 
Date, equal or exceed the Previous Balance.
If	the	New	Balance	shown	on	your	last	Statement	isn’t	paid	in	full	by	the	
Payment Due Date shown on your last Statement, there will be an interest 
charge on each purchase from the date of purchase.
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 be-
fore 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	inter-
est 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 inter-
est	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, 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
•	

•	
•	

The	Index	in	effect	for	each	billing	period	will	be	the	highest	“Prime	Rate”	
of	 interest	 as	 published	 in	 the	 “Money	 Rates”	 section	 of	 The	 Wall	 Street	
Journal for the calendar month preceding the month in which the billing pe-
riod	begins,	rounded	upward	if	necessary,	to	the	nearest	.001%	(“Index”).	
Any	variable	APR	may	increase	if	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	Pay-
ment Due Date, we will charge you a late fee.
o 

The fee is $25.00 if you were not charged a late fee during any of the 
prior six billing periods.
Otherwise, the fee is $35.00.
This  fee  will  never  exceed  the  minimum  payment  due  that  was  due 
immediately prior to the date on which the fee was assessed.

o 
o 

•	

•	

•	

•	

Returned Payment Fee:	We	may	charge	you	a	fee	for	each	payment	that	your	
bank doesn’t honor for any reason.
o 

The fee is $25.00 if you were not charged a returned payment fee dur-
ing any of the prior six billing periods.
Otherwise, the fee is $35.00.
This  fee  will  never  exceed  the  minimum  payment  due  that  was  due 
immediately prior to the date on which the fee was assessed.

o 
o 

Statement copy - $6.00
Sales/Credit Draft copy - $6.00
Check/Money	Order	copy	-	$6.00

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 
o 
o	
Alternative Payment Method Fee:	We	may	offer	alternative	payment	meth-
ods 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 ap-
plicable	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.

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E. Other important information 
Collection costs
To the extent not prohibited by applicable law, you agree to pay the reasonable 
costs for collecting amounts due, including reasonable attorney’s fees and court 
costs incurred by us or another person or entity.
Changes
We	may	add,	change,	or	delete	the	terms	of	your	Account.	If	required	by	appli-
cable 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	dwell-
ing, 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	can	delay	enforcing	our	rights	under	this	Agreement	without	losing	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	pay-
ments, missed payments, or other defaults) about your Account to consumer 
reporting agencies.
You	give	us	permission	to	provide	information	about	your	Account	to	con-
sumer 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 agen-
cy  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	ex-
plain 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	state-
ment	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	ac-
count 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.
•	
Your	decision	whether	or	not	to	purchase	Account	Assure	won’t	affect	your	
•	
application for credit or the terms of any existing credit agreement you have 
with us.
The	monthly	fee	for	Account	Assure	is	based	on	the	outstanding	monthly	
balance on your Account each month and will be added to your Statement.
•	 We’ll	 provide	 additional	 information	 before	 you’re	 required	 to	 pay	 for	 Ac-
count Assure. This will include a copy of the terms and conditions pertain-
ing to Account Assure.
You	can	cancel	your	Account	Assure	at	any	time.
There	are	eligibility	requirements,	conditions,	and	exclusions	that	could	pre-
vent you from receiving benefits under Account Assure.
Be	sure	to	carefully	read	the	Addendum	for	a	full	explanation	of	the	terms	
of Account Assure.

•	
•	

•	

•	

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, contractors and 
collectors of your Account, to communicate with you in any way, such as calling, 
texting, or electronic mail via:
1) 

a cell, landline, or text number you provide, use to contact us, or at which 
we believe we can reach you (even if it is not yours),
any electronic mail address you provide to us or one of our merchants,
automated dialer systems and automatic telephone dialing systems,
pre-recorded or artificial voice messages and other forms of communica-
tions.

2) 
3) 
4) 

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
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,	 a	 “Claim”),	 the	
party	asserting	the	Claim	(the	“Claimant”)	shall	give	the	other	party	(the	“Defen-
dant”)	written	notice	of	the	Claim	(a	“Claim	Notice”)	and	a	reasonable	opportu-
nity,	not	less	than	30	days,	to	resolve	the	Claim.	Any	Claim	Notice	to	you	shall	
be sent in writing to the address we have in our records (or any updated address 
you	subsequently	provide	to	us).		Any	Claim	Notice	to	us	shall	be	sent	by	mail	to	
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated 
address	we	subsequently	provide).		Any	Claim	Notice	you	send	must	provide	your	
name,	address	and	Account	number.		Any	Claim	Notice	must	explain	the	nature	
of	the	Claim	and	the	relief	that	is	demanded.		You	may	only	submit	a	Claim	No-
tice	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 other party reasonably requests.
C. Arbitration provision
READ THIS ARBITRATION PROVISION CAREFULLY.  IF YOU DO NOT REJECT 
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1. BE-
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH 
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE. 
1.  Your  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 
the name of each Cardholder and contains a statement that you (both of you, if 
more than one) reject the Arbitration Provision of this Agreement. The rejection 
notice must be sent to us at Comenity Bank, PO Box 182422, Columbus, Ohio 
43218-2422. A rejection notice is only effective if it is signed by you (all of you, 
if more than one) and if we receive it within thirty (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 Subject to Arbitration:  Solely as used in this Arbitration Provision (and 
not	elsewhere	in	this	Agreement),	the	terms	“we,”	“us”	and	“our”	mean	(a)	Co-
menity 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, 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 Arbi-
tration 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	(the	“Class	Action	Waiver”),	the	
last sentence of 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”),	1633	Broadway,	10th	Floor,	New	York,	NY	10019,	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  par-
ties.	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 Admin-
istrator 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:    IF  YOU  OR  WE  ELECT  TO  ARBI-
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS 
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
TIFF, 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 CONSOLI-
DATED 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  of  Arbitration:    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	(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 if the action were pending in court (including, 
without limitation, punitive damages, which shall be governed by the Constitu-
tional 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.  Right  to  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 al-
lowable under the arbitration rules of the Administrator. The arbitrator shall have 
discretion to grant or deny that request.
11.  Arbitration  Result  and  Right  of  Appeal:    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.	However,	
if the amount of the Claim exceeds $50,000 or involves a request for injunctive 
or declaratory relief that could foreseeably involve a cost or benefit to either party 
exceeding $50,000, any party can, within 30 days after the entry of the award 
by the arbitrator, appeal the award to a three-arbitrator panel administered by the 
Administrator. The panel shall reconsider anew any aspect of the initial award 
requested by the appealing party. The decision of the panel shall be by majority 
vote.	Reference	in	this	Arbitration	Provision	to	“the	arbitrator”	shall	mean	the	
panel if an appeal of the arbitrator’s decision has been taken. The costs of such 
an appeal will be borne in accordance with Paragraph C.8. above.
12. Rules of Interpretation:  This Arbitration Provision shall survive the repay-
ment 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 Arbitra-
tion Provision, on the one hand, and the applicable arbitration rules or the other 
provisions of this Agreement, on the other hand, this Arbitration Provision shall 
govern.  This Arbitration Provision replaces any Prior Arbitration Agreement.
13. Severability:  If any portion of this Arbitration Provision, other than the Class 
Action	Waiver,	is	deemed	invalid	or	unenforceable,	the	remaining	portions	shall	
nevertheless remain in force. If a determination is made that the Class Action 
Waiver	is	unenforceable,	only	this	sentence	of	the	Arbitration	Agreement	will	re-
main in force and the remaining provisions shall be null and void, provided that 
the	determination	concerning	the	Class	Action	Waiver	shall	be	subject	to	appeal.
14.  Special  Payment:	 	 If	 (1)	 you	 submit	 a	 Claim	 Notice	 in	 accordance	 with	
World Financial Network Bank is a
Paragraph B above on your own behalf (and not on behalf of any other party); 
ComenitySM company.
(2)  we  refuse  to  provide  you  with  the  relief  you  request;  and  (3)  an  arbitrator 
Wilmington, DE
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).

World Financial Network Bank is a ComenitySM company.
Wilmington, DE

Comenity Bank, Wilmington, DE

32180I006 (06/14)

You also agree that these communications aren’t unsolicited for purposes of any 
state or federal law, and you understand that this may result in additional mobile, 
text message, or data 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.

•	

•	

For Wisconsin residents:
If you are married, please contact us immediately upon receipt of this Agreement 
at 1-855-567-7742  (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.

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *

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,

	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pricing Addendum  

Interest  Rates  and  Interest  Charges 
Annual  Percentage  Rate 
(APR)  for  Purchases 

How  to  Avoid  Paying 
Interest 

Minimum  Interest  Charge 

Fees 
•  Annual  Fee 
Penalty  Fees 
•  Late  Payment 
•  Returned  Payment 

Balance Computation 
Method 

Prime rate plus 21.74%. 
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. 
If  you are charged  interest,  the  charge  will  be no less  than  $2.00  per credit  plan. 

None 

Up to $35 
Up to $35 
We  use a method  called "daily  balance  (including  new purchases)."