88468I034  (02/19) 

IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR ACCOUNT VIA TELEPHONE. 

Please see the enclosed Credit Card Account Agreement for the Terms and Conditions 
(Terms) of your new credit card account. Customers that opened their accounts via 
telephone  will  have  up  to  25  days  from  the  date  of  application  to  review  these 
Terms and either accept or reject them. You do not have to take any action if you 
accept these Terms.  
If you do not want to accept these Terms, you must contact the bank at 1-855-497-
8167 (TDD/TTY 1-800-695-1788) within the 25 day period. Any purchases that may have 
posted to your account will be removed and your account will be closed. You will 
then be required to make arrangements with the merchant with an alternate means of 
paying for any purchases you have made or the return of any purchase(s) you have 
made at no cost to you. 
This  right  to  reject  is  only  applicable  to  those  customers  that  opened  their 
accounts via telephone. 

Your Torrid Insider Credit Card account agreement. 

This  Agreement  covers  the  Terms  and  Conditions  of  your  account  with  us.  In  this 
document, you will find important information about using and managing your account, 
including a Privacy Statement and information concerning your billing rights. Your 
use of the account, or failure to close the account within the 30 days of receiving 
this document, indicates your acceptance of the terms of this agreement, including 
the assessment of any interest charges and fees. 
Section I of this Agreement also includes a Jury Trial Waiver and an Arbitration 
Provision in the event of a dispute. 
•  You have a right to reject this Arbitration Provision. 
•  If you do not reject this Arbitration Provision, it will be part of this Agreement 

and will: 
o  Eliminate your right to a trial by jury; and 
o  Substantially affect your rights, including your right to bring, join in or 

participate in class proceedings. 

•  Section I does not apply to Covered Borrowers under the Military Lending Act. 

See Section J below. 

Please read each section carefully and keep this document for your records. 

In the following sections, you will find information on: 
Financial terms of your  account:  An  at-a-glance summary of the fees  and charges  associated with  your 
account 
A.  Getting started: the basics of your account 
B.  Keeping  your  account  in  good  standing:  avoiding  default,  and  what  to  do  if  your  card  is  lost  or 

stolen, as applicable 

C.  Learning more about your account: credit plans, credit limits, and how payments are calculated and 

applied 

D.  Interest, fees and charges: when and how fees and costs are applied to your account 
E.  Other important information: legal rights, costs, and how we’ll handle changes to your account 
F.  Disputes and reporting to consumer reporting agencies: data we provide, and receive from, consumer 

reporting agencies, and what to do if you think there is an error on your periodic statement 

G.  Optional  products:  how  to  protect  your  account  from  fraud  or  theft,  and  information  on  services 

that can help pay your debt in case of emergencies 
H.  Communicating with us: what happens when you contact us 
I.  Arbitration and jury trial waiver: how we’ll resolve disagreements, including a jury trial waiver 

and Arbitration provision 

J.  Important Information for Covered Borrowers under the Military Lending Act 
Privacy statement: how we collect, use, share, and protect your personal information; and the privacy 
choices you can make. 

Financial terms of your account 

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

27.24%   
This APR will vary with the market based on the 
Prime Rate.

How to Avoid Paying 
Interest

Your due date is at least 25 days after the close 
of each billing cycle. We will not charge you 
interest on purchases if you pay your entire 
balance by the due date each month. 

 
 
 
 
 
Minimum Interest Charge

If you are charged interest, the charge will be no 
less than $1.00 per credit plan

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau

To learn more about factors to consider when 
applying for or using a credit card, visit the 
website of the Consumer Financial Protection Bureau 
at http://www.consumerfinance.gov/learnmore.

Fees

• 

Annual Fee

None

Penalty Fees 
• 
• 

Late Payment 
Returned Payment

Up to $39.00 
Up to $25.00

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  “daily  balance.”  See 
your Account agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to 
exercise those rights is provided in your account agreement. 

Rate Information: The following chart provides details on your rate as of February 1, 2019. We divide 
the APR by 365 to determine the daily periodic rate. 

Add to Index 

APR 

Daily Periodic Rate 

Purchase APR 

21.74% 

27.24%   

0.07463% 

If this Agreement was provided  to you at point of sale, see the Agreement sent with your new account 
welcome package for variable APR information in effect within 30 days of mailing. 

We’ll charge  you  a minimum  interest  charge of  $1.00 per credit  plan for any billing period in which 
interest is due. For additional information, see Rates in Section D. 
Minimum Payment:  
The amount you must pay each billing period (“Total Minimum Payment”) is the total of minimum payments 
for Regular Revolving and promotional Credit Plan purchases plus any Past Due amounts. The Total Minimum 
Payment won’t be less than $28.00. If your Account balance is less than $28.00, you must pay the amount 
indicated  on  your  billing  statement  (“Statement”)  in  full.  The  minimum  payment  due  for  each  Regular 
Revolving Credit Plan will be the greater of:  

(a) $5.00; or  
(b)  5%  of  the  New  Balance  shown  on  your  Statement  for  that  Credit  Plan  (rounded  to  the 
nearest $1.00).  

See Minimum Payment in Section C below for promotional credit plan minimum payment calculations.  
The APR information described is accurate as of February 1, 2019.  Due to a change in the index, this 
information may have changed.   To find out more, call us at 1-800-853-2921  (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/torrid. 
A. Getting Started 
Definitions 
In  this  Agreement,  “We,”  “Us”  and  “Our”  mean  Comenity  Bank  and  any  successor  or  assigns.  “You”  and 
“Your”  mean each person  who  submits  an  application  or solicitation for an Account with  us. “Account” 
means your  credit card  account with  us.  “Card” means  each credit card we  issue for  your Account, as 
applicable.  “Credit  Plan”  means  one  or  more  payment  program  options  Torrid  may  ask  us  to  offer  from 
time to time. 
Upholding your Agreement 
•  You agree to the terms of this Agreement, and promise to do everything required of you. If you sign 
or submit an application or solicitation to obtain credit from us, you’ll be legally bound by this 
Agreement. You’re also legally bound if you sign a charge slip, or permit someone else to use the 
credit provided. 

•  You  agree  that  the  credit  extended  under  your  Account  will  be  used  only  for  personal,  family  or 

household purposes and not for business or commercial purpose. 

•  If the Account is a joint Account, you and the joint Account holder will be bound by this Agreement. 
Each  of  you  will  be  jointly  and  individually  responsible  for  repaying  all  amounts  due.    If  more 
than  one  person  is  responsible  for  this  Account,  we  will  only  provide  billing  statements  and 
communications to one of you. 

•  Any  authorized  user of your  Account  will be bound by the terms of this  Agreement.  One additional 
Card may be issued with the individual name of an authorized user embossed on the Card. If you want 
to revoke the use of your Account by an authorized user, either write us at the address, or call us 
at the phone number, shown on your Statement. 

•  You agree to pay for all transactions made on your Account by  an authorized user, whether or  not 

such transactions were authorized by you or made for your benefit. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Card signature (as applicable) 
For your own protection, please sign your Card before using it. Keep in mind that your signature on the 
Card isn’t a prerequisite to your obligation to pay amounts incurred on your Account. 
Using your Account 
•  Your  Account  may  be  used  to  make  purchases  from  Torrid  and  other  retailers  we  may  determine 
occasionally  by  notifying  you  via  electronic  mail,  statement  message,  website  posting,  or  other 
method. 

•  We reserve the right to not honor transactions related to, including, but not limited to, gambling, 

ATM usage at casinos, and illegal activities. 

Making payments 
•  Pay  your Account by sending  a check,  money  order, or cashier’s check  payable in U.S.  dollars, to 

the name and address shown on your Statement specified for payments. Please don’t send cash. 

•  Be  sure  to  include  your  payment  stub,  do  not  staple  your  payment  to  the  stub,  use  the  envelope 

provided with your Statement and don’t send any correspondence with your payment. 

•  If your payment doesn’t meet these requirements, it may not be credited to your Account for up to 

five days, or may be rejected. 

•  All  written  communications  concerning  disputed  amounts,  including  any  check  or  other  payment 
instrument marked with “payment in full” or similar language, must be sent to 6550 North Loop 1604 
East, Suite 101, San Antonio, Texas 78247-5004. 
o  We may accept a payment sent to any other address without losing any of our rights. 
o  No payment shall operate as an accord and satisfaction without our prior written approval. 

B. Keeping your account in good standing 
Avoiding default 
You’ll be in default under this Agreement if you: 
•  Fail to make any payment when due 
•  Violate any provision of this Agreement 
•  Pass away 
•  Become the subject of bankruptcy or insolvency proceedings 
•  Supply us with misleading, false, incomplete or incorrect information 
•  Are unable or unwilling to perform the terms or conditions of this Agreement 
•  Fail to supply us with any information we deem necessary 
•  Default under any other loan or agreement you have with us or any of our affiliates 
•  Become incompetent 
•  Exceed your Credit Limit 
•  Issue a payment returned unpaid by your bank for any reason 
If we consider your Account in default, we may suspend your ability to make charges, close your Account, 
require you to pay the full amount you owe immediately or take any other action permitted by law. If 
applicable law requires us to do so, we’ll tell you in advance and/or give you the opportunity to remedy 
your default. 
Reporting a lost or stolen card (as applicable) 
If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you 
should write to us immediately at PO Box 182273, Columbus, Ohio 43218-2273 or call us at 1-800-853-2921  
(TDD/TTY: 1-800-695-1788).  You will not be liable for any unauthorized use that occurs after you notify 
us.   You may, however, be liable for unauthorized use  that  occurs  before  your  notice  to us.   In  any 
case, your liability will not exceed $50. 
C. Learning more about your account 
Credit Plans 
•  Your  Account  may  consist  of  a  non-promotional  (“Regular  Revolving”)  Credit  Plan  and  one  or  more 
promotional  Credit  Plans.  Credit  Plans  offered  and  their  particular  features  (including  but  not 
limited to minimum purchase requirements and minimum payment) may vary occasionally at our discretion 
and include one or more Regular Revolving or promotional Credit Plans. 

•  We may offer different promotional Credit Plans from time to time. 
•  If  a  promotional  Credit  Plan  is  offered  at  the  time  you  open  your  Account,  this  Agreement  will 
include information about the terms for the Plan, by use of an insert, attachment, or other written 
information provided as part of this Agreement. 

•  Normal late fees,  returned payment  fees  and all  other  provisions apply to  any promotional Credit 

Plan, unless inconsistent with a particular Credit Plan offering. 

•  If the promotional Credit Plan purchase isn’t paid in full before the promotional period ends, the 

balance will be transferred to your Regular Revolving balance. 

•  Promotional Credit Plans may include: 

o Waive Interest, Payment Required o 
o Waive Interest, Equal Payment o  Defer Interest, Low Payment 
o Waive Interest, Low Payment o Low APR, Equal Payment 
o Defer Interest, Equal Payment o  Budget Payment 

Defer Interest, Payment Required 

Skip-payment option 
•  At our discretion, we may allow you to skip making the Minimum Payment. 
•  Interest Charges will be assessed during the skip-payment period, but a late fee won’t be imposed.  

This will not be considered a waiver of any of the rights granted by this Agreement. 

•  All other terms of your Account apply during the skip-payment period. 
Credit limit 
•  Your Credit Limit is the total maximum amount we permit you to owe us at any time. 
•  You may not exceed any Credit Limit that we set for your Account. 
•  If you do exceed your Credit Limit, we can still charge you for all transactions, interest and other 

charges without giving up any of our rights under this Agreement. 

•  We may change your Credit Limit at any time. 

Account cancellation 
•  You may cancel your Account. You’re still obligated to pay the full amount you owe us. 
•  We may cancel your Account at any time, for any reason. 
•  We may refuse to authorize any purchase on your Account. We may also suspend your Account and your 

right to use your Card, including each Card you give to others. 

•  We may stop offering any Credit Plan at any time, for any reason. 
•  Cancellation or suspension of your Account doesn’t negate your obligation to pay any amount you owe 

us. 

•  Cancellation of your Account includes each Card you give to others. 
Minimum Payment 

•  You can pay all of your Account balance at any time without penalty. 
•  You  must  pay  at  least  the  Total  Minimum  Payment  for  each  billing  period  by  the  Payment  Due  Date 

shown on your Statement. 

•  The Minimum Payment is the total of the minimum payments for the Regular Revolving and promotional 

Credit Plans plus any Past Due amounts. 

•  The Total Minimum Payment won’t be less than $28.00. If your Account balance is less than $28.00, 

you must pay the amount indicated on your Statement in full. 

•  The minimum payment for each Credit Plan is calculated as follows: 

o  The minimum payments for Regular Revolving Credit Plans, Waive Interest, Payment Required and 

Defer Interest, Payment Required Credit Plans will be the greater of: 

(a) $5.00; or 
(b) 5% (rounded to the nearest $1.00) of the New Balance shown on your Statement for that 
Credit Plan. 

o  The  minimum  payment  for  the  Waive  Interest,  Equal  Payment  and  Defer  Interest,  Equal  Payment 
Credit Plans will be the amount of the purchase divided by the number of months between the date 
of the purchase and the promotional period end date (minimum $5.00) rounded up to the nearest 
$1.00. 

o  The minimum payment for the Low APR, Equal Payment Credit Plan will be the amount of the purchase 
including the calculated interest charges that will be assessed from the date of purchase through 
the  end  of  the  promotional  period  divided  by  the  number  of  months  between  the  date  of  the 
purchase and the promotional period end date (minimum $5.00) rounded up to the nearest $1.00. 

o  The minimum payment for the Waive Interest, Low Payment and Defer Interest, Low Payment Credit 

Plans will be the greater of: 

(a) $5.00 or 
(b) 1.0% (rounded to the nearest $1.00) of the New Balance shown on your Statement for that 
Credit Plan. 

o  For each Budget Payment  Credit  Plan or Open  Charge  Budget Payment  Credit  Plan, fixed monthly 

payments of $49, $99, $149, $199, or $299, based on the transaction amount. 

o  For Open Charge credit plans (except Open Charge Budget Payment Credit Plans), if your balance 
increases during the Open Charge period, your minimum payment will increase. The minimum payment 
for each Open Charge plan will be calculated based on the above Credit Plans. 

Payment application 
•  We reserve the right to apply payments equal to or less than the Total Minimum Payment however we 
see  fit,  which  may  result  in  balances  subject  to  lower  interest  rates  being  paid  prior  to  other 
balances. This may also result in higher interest charges. 

•  Any  payment  you  make  in  excess  of  the  required  Total  Minimum  Payment  will  be  allocated  to  your 

Account as required by applicable law. 

•  Excess payments received before a deferred interest promotion expires are applied to the deferred 
interest promotional balance first in the last two billing periods of the promotional period. 

D. Interest, fees and charges 
Interest charges 
•  Interest  charges begin  on a  transaction,  fee or  interest from the day  added  to the  daily  balance 

and continue until the balance is paid in full. 

•  There is a Grace Period on Regular Revolving Credit Plan purchases. This means we will not charge 

interest on such purchases if you pay in full each billing period. 

•  We will not charge interest on any portion of a payment allocated to the Regular Revolving Credit 

Plan that is paid within an applicable Grace Period. 

•  If you make a purchase under any Waive Interest Credit Plan, we won’t charge interest on the purchase 
if you pay the total purchase amount before the end of the promotional period. If you don’t pay the 
total purchase amount before the end of the promotional period, we’ll add the remaining amount to 
your Regular Revolving balance. We’ll also begin charging interest on the purchase from the first 
day after the promotional period ends. 

•  If  you  make  a  purchase  under  any  Defer  Interest  Promotional  Credit  Plan  and  don’t  pay  the  total 
amount before  the end of  the promotional  period,  we’ll  add the  remaining purchase amount  and the 
amount of accrued interest to your Regular Revolving balance. 

•  If you make a purchase under a Low APR, Equal Payment Credit Plan, interest will be assessed from 

the date of purchase through the end of the promotional period. 

How we calculate Interest Charges on your Account 
We calculate interest  separately for each Credit  Plan,  using a  “Daily Balance”  to  determine  interest 
charges for each billing period. Our calculation method is as follows: 
•  We start with the beginning balance on your Account each day (including unpaid interest charges and 

fees). 

•  We subtract any payments or credit adjustments (treating any net credit balance as a zero balance) 
and  add  new transactions and debit adjustments  posted as of that  day. This  gives us  the “Partial 
Daily Balance” for the day. 

•  We then  multiply the  Partial Daily Balance for the  day by the Daily Periodic Rate. This  gives  us 

the “Daily Interest Charge” for the day, which we add to the day’s Partial Daily Balance. 

•  We’ve  now  determined  the  “Daily  Balance,”  which  will  be  the  beginning  balance  for  the  following 

day. This results in daily compounding of interest charges. 

•  At  the  end  of  each  billing  period,  we  add  together  each  Credit  Plan’s  Daily  Interest  Charge  and 

make other adjustments, which gives us the total interest charge. 

•  Your Statement will show a Balance Subject to Interest Rate, which is the sum of the Daily Balances 

for each day in the billing period divided by the total number of days. 

Rates 
•  To calculate a variable rate, for each billing period, we use an Index.  The Index is the U.S. Prime 
Rate published in the “Money Rates” section of The Wall Street Journal on the last business day of 
the calendar month preceding the month in which the billing period begins. (Our business days are 
Monday through Friday, excluding holidays.) 

•  Any variable APR will increase on the first day of the billing period after the Index increases. 
•  An increase or decrease in the APR will result in a corresponding increase or decrease in the amount 

of interest and may increase the Total Minimum Payment. 

Other fees and charges 
You agree to pay the following fees and charges: 
•  Late Fee: If you don’t pay at least the Minimum Payment Due by the Payment Due Date, we will charge 

you a late fee. 
o  The fee is $28.00 if you were not charged a late fee during any of the prior six billing periods. 
o  Otherwise, the fee is $39.00. 
o  This fee will not exceed the amount permitted by applicable law. 

•  Returned Payment Fee: We may charge you a fee for each payment that your bank doesn’t honor for any 

reason. 
o  The fee  is $25.00  if you were not charged  a returned payment fee during  any of  the  prior  six 

billing periods. 

o  Otherwise, the fee is $25.00. 
o  This fee will not exceed the amount permitted by applicable law. 

•  Although we may decide to do so, we aren’t required to attempt to collect a payment more than once. 
•  Document Fees: If we provide you with a copy of any Statement, sales draft or similar document at 
your request (except in connection with billing error inquiries or resolution), we may charge the 
Account the following fee(s), subject to any limitations of applicable law: 
o  Statement copy - $6.00 
o  Sales/Credit Draft copy - $6.00 
o  Check/Money Order copy - $6.00 

•  Alternative  Payment  Method  Fee:  We  may  offer  alternative  payment  methods  that  allow  you  to  make 
individual, expedited payments to your Account over the phone.  If you choose to use this payment 
method,  we  may  assess  the  current  fee  we  charge  for  this  service,  subject  to  any  limitations  of 
applicable law. Currently, that fee is up to $15.00 but may change. We’ll let you know the current 
fee before you authorize any payment(s), and you can withdraw your request if you don’t want to pay 
the fee. 

E. Other important information  
Collection costs 
You agree to pay our reasonable costs for collecting amounts due, including reasonable attorneys’ fees 
and court costs incurred by us or another person or entity, to the extent not prohibited by applicable 
law and except as provided below. 
•  AL Residents: We will not charge attorneys’ fees if your unpaid balance is $300 or less. 
•  MD Residents: We will not charge you for costs other than attorneys’ fees. 
•  NH Residents: Reasonable attorneys’ fees may be awarded to you if you prevail in any action by or 

against us. 

•  WI Residents: If legal action is taken, we may seek statutory attorneys’ fees and costs, which you 

will pay if they are granted by the court. 

Changes 
We may add, change, or delete the terms of your Account. If required by applicable law, we will give 
you advance written notice of the change(s) and a right to reject the change(s). 
Security Interest 
You grant us a security interest in all goods you purchase through the use of the Account, now or at 
any  time  in  the  future  and  in  all  accessions  to  and  proceeds  of  such  goods.  We  waive  any  security 
interest  we  may  have  in  your  principal  dwelling,  to  the  extent  that  it  would  otherwise  secure  any 
obligation arising hereunder. 
Changes to your information 
You agree to notify us immediately of any changes to your name, mailing address, electronic mail address 
or telephone number(s). 
Governing Law 
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WE ARE SPEAKING OF 
WHEN WE REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW. 
Transfer of Rights/Assignment 
Your  rights  under  this  Agreement  can’t  be  transferred  by  you,  by  operation  of  law  or  otherwise,  but 
your obligations will be binding upon your estate or personal representatives. We may transfer or assign 
your  Account  and/or  this  Agreement,  or  any  of  our  rights  under  this  Agreement,  to  another  person  or 
entity at any time without prior notice to you or your consent. 
No Waiver of Rights 
We will not lose our rights under this Agreement because we delay or do not enforce them. 
Severability 
If any provision of this Agreement is in conflict with applicable law, that provision will be considered 
to be modified to conform with applicable law. 
Notice to New Jersey Residents 

All provisions of this agreement are valid, enforceable and applicable in New Jersey. 

F. Disputes and Reporting to Consumer Reporting Agencies 
Credit Reports 
•  You give us permission to investigate your credit record. 
•  You  agree  that a  credit report  may be  requested in  connection with the processing of your  credit 
application.  A  report  may  also  be  requested  in  connection  with  a  credit  extension,  credit  limit 
request,  Account  renewal  or  update,  Account  collection  action,  or  dispute  investigation.  Upon 
request,  we will tell  you the name and address of  any consumer reporting agency  that furnished  a 
report on you. You consent to the obtaining of such reports by signing or otherwise submitting an 
application or solicitation. 

•  You understand that we may report negative information (such as, late payments, missed payments, or 

other defaults) about your Account to consumer reporting agencies. 

•  You give us permission to provide information about your Account to consumer reporting agencies and 

other creditors, as well as to the retailer whose name appears on your Card. 

Credit report disputes 
If you  believe the  Account information  we  reported  to a  consumer reporting  agency is  inaccurate, you 
may submit a direct dispute to Comenity Bank, PO Box 182789, Columbus, Ohio 43218-2789.  
Your written dispute must provide sufficient information  to  identify the  Account  and specify why  the 
information is inaccurate: 
•  Account Information:  Your name and Account number 
•  Contact Information:  Your address and telephone number 
•  Disputed Information:  Identify the Account information disputed and explain why you believe it is 

inaccurate 

•  Supporting Documentation:  If available, provide a copy of the section of the credit report showing 

the Account information you are disputing 

We will investigate the disputed information and report the results to you within 30 days of receipt of 
the  information needed  for  our investigation.  If  we find that  the Account  information we reported is 
inaccurate, we will promptly provide the necessary correction to each consumer reporting agency to which 
we reported the information. 
Your Billing Rights: Keep This Document For Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 
What To Do If You Find A Mistake On Your Statement 
If you think there is an error on your statement, write to us at: Comenity Bank, PO Box 182782, Columbus, 
Ohio 43218-2782 
In your letter, give us the following information: 
•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what you believe is 

wrong and why you believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment on 

the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required 
to investigate any potential errors and you may have to pay the amount in question. 
What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 
1.  

Within 30 days of receiving your letter, we must tell you that we received your letter. We will 

also tell you if we have already corrected the error. 

2.  

Within 90 days of receiving your letter, we must either correct the error or explain to you why 

we believe the bill is correct. 

While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•  The charge in question may remain on your statement, and we may continue to charge you interest on 

that amount. 

•  While you do not have to pay the amount in question, you are responsible for the remainder of your 

balance. 

•  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 
•  If we made a mistake: You will not have to pay the amount in question or any interest or other fees 

related to that amount. 

•  If we do not believe there was a mistake: You will have to pay the amount in question, along with 
applicable  interest  and  fees.  We  will  send  you  a  statement  of  the  amount  you  owe  and  the  date 
payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. 
If  you  receive our explanation but still  believe your  bill is  wrong,  you  must write  to us  within  10 
days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without 
also  reporting  that  you  are  questioning  your  bill.  We  must  tell  you  the  name  of  anyone  to  whom  we 
reported you as delinquent, and we must let those organizations know when the matter has been settled 
between us. 
If  we  do  not  follow  all  of  the  rules  above,  you  do  not  have  to  pay  the  first  $50  of  the  amount  you 
question even if your bill is correct. 
Your Rights If You Are Dissatisfied With Your Credit Card Purchases 
If you are dissatisfied with the goods or services that you have purchased with your credit card, and 
you have tried in good faith to correct the problem with the merchant, you may have the right not to 
pay the remaining amount due on the purchase. 
To use this right, all of the following must be true: 
1.  The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of  your  current  mailing 
address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if 
your purchase was based on an advertisement we mailed to you, or if we own the company that sold you 
the goods or services.) 

2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM 
or with a check that accesses your credit card account do not qualify. 
3. You must not yet have fully paid for the purchase. 
If all of the criteria above are met  and you are still dissatisfied with the purchase, contact us in 
writing at: 
Comenity Bank 
PO Box 182782, Columbus, Ohio 43218-2782 
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish 
our investigation, we will tell you our decision. At that point, if we think you owe an amount and you 
do not pay, we may report you as delinquent. 
G. Optional products 
Credit insurance (as applicable) 
Purchasing  credit  insurance  is  optional.  If  you  do  choose  to  carry  credit  insurance  coverage,  the 
premium charge will be added to your Account as a purchase on the last day of each billing period.  You 
can cancel your coverage at any time. 
Account Assure Debt Cancellation (as applicable) 
•  Purchasing Account Assure is optional. 
•  Enrolling in Account Assure does not affect the terms of your existing credit agreement. 
•  The  Account  Assure  fee  is  based  on  your  monthly  statement  balance,  which  is  your  balance  on  the 

last day of each billing period. 

•  You will receive terms and conditions, which you should carefully read for all benefit details and 

exclusions.  

•  You may cancel Account Assure at any time. 
•  If you are currently unemployed, disabled, hospitalized or retired you are not eligible for Account 
Assure benefits for your present situation; however, you may be eligible for other benefits based 
on future events.   

2. 

H. Communicating with us 
Communicating to you about your Account 
If we need to contact you to service your Account or to collect amounts you owe to us, you give direct 
consent to us, as well as servicers, agents, independent contractors, contractors, debt collectors or 
collection agencies,  and  to anyone  to whom we  may  sell your Account, to  communicate with you  in any 
way, such as calling, texting, or email via: 
1. 

Your cell, landline, text number or any number you provide, use to contact us, or any number which 
you  may  utilize,  or  to  any  other  device  or  service  for  which  you  may  be  charged  for  the  call, 
including, but not limited to, Voice Over Internet Protocol (“VOIP”); 
Any email address you provide to us or any other person or company that provides any services in 
connection with this Agreement; 
Automated telephone dialing systems; 
Pre-recorded or artificial voice messages and any other form of communication. 

3. 
4. 
You  also agree that these communications  aren’t unsolicited  for  purposes of any state or federal law 
and you understand that communications may result in additional mobile, text message, data charges or 
other charges. 
Phone monitoring 
•  To provide you with high-quality service, phone communication with us is monitored and/or recorded.   
•  You agree that we monitor and/or record any phone calls between you and us.   
•  Please inform all authorized cardholders of this provision, including anyone acting on your behalf 

or making payments on this Account. 

Communication in Languages Other Than English 
You agree to receive all communications and correspondence relating to your Account in English. We may, 
at our option, communicate with you and/or provide translated documents in a language other than English. 
Any such communications or documents are provided solely as a courtesy. We may stop communicating with 
you in non-English languages and/or providing translated documents at any time. While we have attempted 
to ensure the accuracy of our translations, we are not liable for any inaccuracies in translation or 
for  any  misunderstandings  due  to  differences  in  language  usage  or  dialect.  In  the  event  of  any 
inconsistencies between the English version and the translation, the English version will control. 
For Wisconsin residents: 
If  you  are  married,  please  contact  us  immediately  upon  receipt  of  this  Agreement  at  1-800-853-2921  
(TDD/TTY 1-800-695-1788) and provide us with the name and address of your spouse. We are required  to 
inform your spouse that we have opened a credit account for you. 
For bankruptcy notifications: 
All  bankruptcy  notices  and  related  correspondence  to  Comenity  Bank  should  be  sent  to  the  following 
address: Comenity Bank, Bankruptcy Department, PO Box 182125, Columbus, Ohio 43218-2125. 
I. Arbitration and jury trial waiver 
For Covered Borrowers under the Military Lending Act (MLA)  
The MLA prohibits us from requiring you to submit to arbitration as a condition of extending credit. 
For additional information see Section J below. 
A. Jury trial waiver 
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT 
ARISING OUT OF OR RELATED TO THIS AGREEMENT.  THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE ARBITRATION 
PROVISION  BELOW (INCLUDING THE JURY TRIAL WAIVER  CONTAINED THEREIN).   YOU AND WE EACH REPRESENT  THAT 
THIS WAIVER IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY. 
B. Notice and cure 
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related 
to this Agreement (as further defined below, “Claim”), the party asserting the Claim (“Claimant”) shall 
give  the  other  party  (“Defendant”)  written  notice  of  the  Claim  (“Claim  Notice”)  and  a  reasonable 

opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent to the 
address  we  have  in  our  records  (or  any  updated  address  you  subsequently  provide  to  us).    Any  Claim 
Notice to us shall be sent by mail to Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any 
updated address we subsequently  provide).  Any  Claim Notice you  send must  provide  your name, address 
and Account number and explain the nature of the Claim and relief demanded.  You may only submit a Claim 
Notice on your own behalf and not on behalf of any other party.  No third party, other than a lawyer 
you have personally retained, may submit a Claim Notice on your behalf.  The Claimant must reasonably 
cooperate in providing any information about the Claim that the Defendant reasonably requests. 
C. Arbitration provision 
READ  THIS PROVISION  CAREFULLY.    IF YOU DO NOT REJECT  IT IN ACCORDANCE WITH PARAGRAPH  C.1. BELOW,  IT 
WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY 
CLAIM YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.  
1. Right to Reject:  If you don’t want this Arbitration Provision (and any prior arbitration agreement 
between you and us (“Prior Arbitration Agreement”)) to apply, you may reject it by mailing us a written 
rejection  notice which gives  your name  and contains a  statement that  you  (both of you,  if more  than 
one)  reject  the  Arbitration  Provision  of  this  Agreement.  The  rejection  notice  must  be  sent  to  us  at 
Comenity Bank, PO Box 182422, Columbus, Ohio 43218-2422. A rejection notice is only effective if it is 
signed by you  (all  of you, if more than one) and  if we receive it within 30 calendar  days  after the 
date we first provide you with a credit card agreement or written notice providing you a right to reject 
this  Arbitration  Provision.  Your  rejection  of  this  Arbitration  Provision  will  not  affect  any  other 
provision of this Agreement or your ability to obtain credit. 
2. Parties:  Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the 
terms “we,” “us” and “our” mean (a) Comenity Bank, any parent, subsidiary or affiliate of the Bank and 
the employees, officers and directors of such companies (the “Bank Parties”); and (b) any other person 
or company that provides any services in connection with this Agreement if you assert a Claim against 
such other person or company at the same time you assert a Claim against any Bank Party. 
3. Covered Claims:  “Claim” means any claim, dispute or controversy between you and us that in any way 
arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, 
and/or any prior agreement or account. “Claim” includes disputes arising from actions or omissions prior 
to the date any Card was issued to you, including the advertising related to, application for or approval 
of the Account. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, 
cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, 
fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity 
(including any claim for injunctive or declaratory relief). “Claim” does not include disputes about the 
validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, 
without  limitation,  the  prohibition  against  class  proceedings,  private  attorney  general  proceedings 
and/or  multiple party proceedings described  in Paragraph C.7 (“Class  Action  Waiver”), Paragraph C.13 
and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any 
dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the 
arbitrator, not a court, to decide. 
4. Starting an Arbitration:  Arbitration may be elected by any party with respect to any Claim, even if 
that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by 
giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual 
Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if 
that Claim is transferred, removed or appealed to a different court, we then have the right to demand 
arbitration. 
5. Choosing the Administrator:  “Administrator” means the American Arbitration Association (“AAA”), 120 
Broadway, 21st Floor, New York, NY 10271, www.adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, 
NY 10018,  www.jamsadr.com; or any other company selected by mutual  agreement of the parties.  If  both 
AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual 
consent,  the  Administrator  will  be  selected  by  a  court.  The  arbitrator  will  be  appointed  by  the 
Administrator  in  accordance  with  the  rules  of  the  Administrator.  However,  the  arbitrator  must  be  a 
retired  or  former  judge  or  a  lawyer  with  at  least  10  years  of  experience.  You  get  to  select  the 
Administrator if you give us written notice of your selection with your notice that you are electing to 
arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any 
Claim  (or,  if  you  dispute  our  right  to  require  arbitration  of  the  Claim,  within  20  days  after  that 
dispute  is  finally  resolved).  If  you  do  not  select  the  Administrator  on  time,  we  may  do  it. 
Notwithstanding  any  language  in  this  Arbitration  Provision  to  the  contrary,  no  arbitration  may  be 
administered, without the consent of all parties to the arbitration, by any Administrator that has in 
place a formal or informal policy that is inconsistent with the Class Action Waiver. 
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR WE ELECT TO ARBITRATE 
A CLAIM, YOU WILL NOT HAVE THE RIGHT  TO PURSUE  THAT CLAIM IN COURT  OR  HAVE  A JURY DECIDE THE  CLAIM. 
ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. 
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.  
7. Prohibition Against Certain Proceedings (Class Action Waiver):  IF YOU OR WE ELECT TO ARBITRATE A 
CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, 
EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY 
GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED 
WITH  CLAIMS  BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON;  AND  (4)  THE  ARBITRATOR  SHALL  HAVE  NO  POWER  OR 
AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY 
ARBITRATION.  
8. Location and Costs:  Any arbitration hearing that you attend must take place at a location reasonably 
convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable 
law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this 
Arbitration  Provision  to  be  enforced.  If  you  demand  an  arbitration,  we  will  pay  your  reasonable 
attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration 
Provision to be enforced. Also, we will bear any fees if applicable law requires us to. 
9.  Governing  Law:    This  Arbitration  Provision  involves  interstate  commerce  and  is  governed  by  the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by any state arbitration law. The arbitrator 
must apply applicable substantive law  consistent with  the FAA and  applicable statutes  of limitations 

and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive 
law  that  would  apply  if  the  action  were  pending  in  court  (including,  without  limitation,  punitive 
damages, which shall be governed by the Constitutional standards employed by the courts). At the timely 
request of either party, the arbitrator must provide a brief written explanation of the basis for the 
award. 
10. Discovery:  In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules 
of the Administrator, either party may submit a written request to the arbitrator to expand the scope 
of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall 
have discretion to grant or deny that request. 
11.  Result  and  Appeals:  Judgment  upon  the  arbitrator’s  award  may  be  entered  by  any  court  having 
jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided 
by the FAA and/or the rules of the Administrator. Any finding, award or judgment from an arbitration of 
any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration 
shall impact the arbitration of any Claim. 
12. Interpretation:  This Arbitration Provision shall survive the repayment of all amounts owed under 
this  Agreement,  the  closing  of  the  Account,  any  legal  proceeding  and  any  bankruptcy  to  the  extent 
consistent with applicable bankruptcy law.   In  the  event of a  conflict or  inconsistency between this 
Arbitration Provision and the applicable arbitration rules or the other provisions of this Agreement, 
this  Arbitration  Provision  shall  govern.    This  Arbitration  Provision  replaces  any  Prior  Arbitration 
Agreement. 
13. Severability: If any portion of this Arbitration Provision is held to be invalid or unenforceable, 
the  remaining  portions  shall  nevertheless  remain  in  force,  subject  to  two  exceptions.  First,  if  a 
determination  is  made  that  the  Class  Action  Waiver  is  unenforceable,  and  that  determination  is  not 
reversed on appeal, then the Arbitration Provision shall be void in its entirety. Second, if a court 
determines that a public injunctive relief Claim may proceed notwithstanding the Class Action Waiver, 
and  that  determination  is  not  reversed  on  appeal,  then  the  public  injunctive  relief  Claim  will  be 
decided by a court, any individual Claims will be arbitrated and the parties will ask the court to stay 
the public injunctive relief Claim until the other Claims have been finally concluded. 
14. Special Payment:  If (1) you submit a Claim Notice in accordance with Paragraph B above on your own 
behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request 
before an arbitrator is appointed; and (3) an arbitrator subsequently determines that you were entitled 
to such relief (or greater relief), the arbitrator shall award you at least $5,100 (plus any fees and 
costs to which you are entitled). 
J. Important Information for Covered Borrowers under the Military Lending Act 
• For New Accounts - Federal law provides important protections to members of the Armed Forces and their 
dependents  relating  to  extensions of  consumer credit. In general,  the cost  of  consumer credit to a 
member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 
percent.  This  rate  must  include,  as  applicable  to  the  credit  transaction  or  account:  The  costs 
associated with credit insurance premiums; fees  for ancillary products  sold in connection with the 
credit  transaction; any application fee charged (other than  certain application  fees for specified 
credit transactions or accounts); and any participation fee charged (other than certain participation 
fees for a credit card account). 

• A  “Covered  Borrower”  is  a  consumer  who,  based  on  the  determination  made  in  accordance  with  32  CFR 
Part 232.5,  is  entitled to  the Limitations  on  Terms of Consumer  Credit Extended  to  Service  Members 
and Dependents under 32 C.F.R. Part 232.  Your first statement will indicate whether you are a Covered 
Borrower, based on a review of the Department of Defense’s database and/or a report from a consumer-
reporting agency. If you’re a Covered Borrower, we will notify you in writing no later than 60 days 
after the determination made in accordance with 32 CFR Part 232.5.  

• This Agreement shall be interpreted to comply with the Military Lending Act, including its restrictions 
on permissible  loan terms and limitations  on interest and fees. If you are a  Covered  Borrower: (a) 
the Arbitration Provision and jury trial waiver shall not apply to you; (b) any interest or fees in 
excess of the permitted limit shall be reduced by the amount necessary to satisfy that limit and any 
amounts collected in excess of the permitted limit shall be refunded by crediting your Account or by 
making  a direct payment to you;  and  (c) any other provision  of this Agreement that is  inconsistent 
with the Military Lending Act shall not apply to you. 

• To hear this Military Lending Act disclosure and the payment obligations thereunder, call toll free 

at 1-866-230-0418; TDD/TTY 1-800-695-1788. 

88468I034  (02/19) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pricing Addendum  

Interest  Rates  and  Interest  Charges 
Annual  Percentage  Rate 
(APR)  for  Purchases 

How  to  Avoid  Paying 
Interest 

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. 

Minimum  Interest  Charge 

If  you are charged  interest,  the  charge  will  be  no less  than  $1.00  per 
credit  plan. 

  Fees 

•  Annual  Fee 
Penalty  Fees 
•  Late  Payment 
•  Returned  Payment 

None 

Up to $39.00 
Up  to $25.00 

Balance Computation Method  We  use a  method  called  "daily  balance."