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Your HealthiPlan Credit 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
26.99%  
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 $25

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

Add to Index

APR

Daily Periodic Rate

Purchase APR

23.74%

26.99%

0.07394%

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)  4%  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 March 1, 2014.  Due to 
a change in the index, this information may have changed.  To find out more, call 
us at 1-866-374-1625  (TDD/TTY: 1-888-819-1918), or write us at Comenity 
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website 
at comenity.net/myhealthiplan.
A. Getting Started
Definitions
In this Agreement, “We,” “Us” and “Our” mean Comenity Capital Bank. “You” 
and “Your” mean each person who submits an application or solicitation for an 
Account with us. “Account” means your credit account with us. “Card” means 
each credit card we issue for your Account, as applicable. “Credit Plan” means 
one or more payment program options HealthiPlan 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 HealthiPlan 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

•	
•	
•	

•	

•	

•	

•	

•	

•	

•	

HLPCCA0314

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 183003, Columbus, 
Ohio 43218-3003 or call us at 1-866-374-1625  (TDD/TTY: 1-888-819-1918).  
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.
Finance 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
•	

•	
Account cancellation
•	

•	
Minimum Payment
•	

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.

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.

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)  4%  (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.

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.

Payment application
•	

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.
This  fee  will  never  exceed  the  minimum  payment  due  that  was  due 
immediately prior to the date on which the fee was assessed.

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

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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 UTAH AND APPLICABLE FEDERAL LAW. 
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
MITTED 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 Capital Bank, PO 
Box 182120, Columbus, Ohio 43218-2120. 
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 Capital 
Bank, PO Box 182620, Columbus, Ohio 43218-2620
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 Capital Bank
PO Box 182620, Columbus, Ohio 43218-2620
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) 

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 1-866-374-1625  (TDD/TTY 1-888-819-1918) 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  Capital  Bank 
should  be  sent  to  the  following  address:  Comenity  Capital  Bank,  Bankruptcy 
Department, PO Box 183043, Columbus, Ohio 43218-3043.
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 aris-
ing  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 
“Defendant”) written notice of the Claim (a “Claim Notice”) and a reasonable 
opportunity, 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 Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436 
(or any updated address we subsequently provide).  Any Claim Notice you send 
must provide your name, address and Account number.  Any Claim Notice must 
explain the nature of the Claim and the relief that is 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 provid-
ing 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 Capital Bank, PO Box 182422, Columbus, Ohio 
43218-2422. A rejection notice is only effective if it is signed by you (all of you, 
if more than one) and if we receive it within 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) 
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the 
employees, officers and directors of such companies (the “Bank Parties”); and 
(b) any other person or company that provides any services in connection with 
this Agreement if you assert a Claim against such other person or company at the 
same time you assert a Claim against any Bank Party.
3. Covered Claims:  “Claim” means any claim, dispute or controversy between 
you and us that in any way arises from or relates to this Agreement, the Account, 
the issuance of any Card, any rewards program, 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-
World Financial Capital Bank is a
main in force and the remaining provisions shall be null and void, provided that 
ComenitySM company.
the determination concerning the Class Action Waiver shall be subject to appeal.
Salt Lake City, UT
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;  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).

World Financial Capital Bank is a ComenitySM company.
Salt Lake City, UT

Comenity Capital Bank, Salt Lake City, UT

HLPCCA0314

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

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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 23.74%. 
This  APR  will  vary  with  the  market  based  on the  Prime Rate. 
Your  due date  is at least  25 days  after  the  close  of each  billing  cycle.  We  will  not 
charge  you interest  on purchases  if you pay your  entire  balance  by the  due date  each 
month. 
If  you are charged  interest,  the  charge  will  be no less  than  $2.00  per credit  plan. 

None 

Up to $35 
Up to $25 
We  use a method  called "daily  balance  (including  new purchases)."