Comenity Virtual Card Terms of Service

Please read this Terms of Service (the "Agreement") carefully. By using the Virtual Card Service, as defined below, you are agreeing to be bound by this Agreement.

This Agreement is between you and Comenity LLC and its current and future affiliates, including Comenity Capital Bank, Comenity Bank, Comenity Operating Co., LLC, World Financial Capital Credit Company, LLC, WFN Credit Company LLC and Comenity Servicing LLC (collectively and individually referred to below as "Bank," "we," and "us") concerning your use of the Virtual Card Service.

Subject to this Agreement, we may enable you to create a mobile, virtual representation of your Eligible Card, as defined below (such representation, a "Virtual Card") by registering your Eligible Card as set forth below. Our offering of Virtual Cards is referred to herein as our "Virtual Card Service." Virtual Cards are designed to be compatible with the mobile payment system that is made available by Apple Inc. ("Apple") and known as Apple Pay ("Apple Pay"). We do not endorse Apple or Apple Pay, nor are we affiliated with Apple or responsible or liable for Apple Pay.

1. Acceptance of Terms

By using the Virtual Card Service, you agree to the terms of this Agreement and to any additional rules and guidelines that we may post in connection with the Virtual Card Service. We may make changes to this Agreement (and to any such additional rules and guidelines) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement at comenity.net/info/digitalpayments/terms/appleterms.xhtml. Your use of the Virtual Card Service following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and the Bank arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. We may, at any time, modify or discontinue the compatibility of any Eligible Card with the Virtual Card Service; charge, modify or waive any fees required to use the Virtual Card Service; or offer opportunities to some or all Eligible Card holders. You agree that neither we nor any of our affiliates, or our or their respective directors, officers, employees, agents, representatives, licensors or providers (collectively with the Bank, the "Bank Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Virtual Card Service or any Eligible Card's compatibility with the Virtual Card Service, in whole or in part, or of Apple Pay or any service, content, feature or product offered in connection with Apple Pay. Your use of the Virtual Card Service after such changes will indicate your acceptance of such changes.

BY USING THE VIRTUAL CARD SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

YOUR RESPONSIBILITIES AND LIABILITY UNDER THIS AGREEMENT EXTEND TO USE OF THE VIRTUAL CARD SERVICE BY BOTH YOU AND ANY OTHER CARDHOLDERS (E.G., A JOINT ACCOUNTHOLDER OR ANY AUTHORIZED USER, AS APPLICABLE) OF ANY ELIGIBLE CARD THAT YOU REGISTER WITH THE VIRTUAL CARD SERVICE AND TRANSACTIONS THAT YOU PERFORM, OR AUTHORIZE OTHERS TO PERFORM, WITH THE VIRTUAL CARD SERVICE.

2. Overview of Virtual Cards

Virtual Cards may enable you to use Apple Pay to (a) make contactless payments with your Virtual Card at merchants with certain compatible contactless-enabled point-of-sale terminals or readers; and/or (b) make certain other payments, including "in-app" and other digital payments, at merchants participating in certain aspects of Apple Pay. Creating a Virtual Card does not affect the ways that you can use the physical version of the applicable Eligible Card.

3. Jurisdictional Issues

The Virtual Card Service made available by the Bank from the United States, and is not intended to subject the Bank to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Virtual Card Service may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Virtual Card Service, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Virtual Card Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

4. Eligibility

Only certain types of valid credit cards, as determined by the Bank, that are issued to you by the Bank (each, an "Eligible Card") may be registered to create Virtual Cards. In addition, Eligible Cards may only be registered on unmodified mobile devices made available by Apple, such as iPhones, that are running an unmodified version of a compatible "iOS" operating system, and that meet all other requirements imposed by Apple for compatibility with Apple Pay (each such device, an "Eligible Device"). Please note that we are not responsible for, and do not provide, any support for Eligible Devices, Apple Pay (other than certain issues specific to your Eligible Cards) or any other third-party hardware, software, product or service. Please contact the applicable third-party provider for any such assistance.

5. Registration of Eligible Cards

You must register your applicable Eligible Card with us before creating or using a Virtual Card. You may also be required to complete additional steps to authenticate yourself, including by providing additional identifying information. You represent and warrant that (a) all information that you provide in connection with any such registration, or otherwise in connection with the Virtual Card Service or Apple Pay, is complete and accurate, and that you will promptly update any such information upon any changes; (b) any such Eligible card is valid, in good standing and issued to you; and (c) you have the authority to authorize the receipt of notices, calls and text messages from the Bank at the phone number(s) you provide during such registration or otherwise in connection with the Virtual Card Service or Apple Pay.

Please be aware that, if you create a Virtual Card using an Eligible Device, and you have one or more other Eligible Devices that share the same Apple iCloud account, Apple Pay may display certain information relating to such Virtual Card (e.g., its last five digits) on such other Eligible Devices, pursuant to Apple's policies and procedures. You will not be permitted to use such Virtual Card on such other Eligible Devices, however, unless you separately register such Virtual Card with the applicable Eligible Device.

Limitations

Each Eligible Card may be registered as a Virtual Card on a maximum of six (6) different Eligible Devices. Only one (1) Eligible Card may be registered as a Virtual Card on any given Eligible Device.

Authorizations

If you register an Eligible Card, you are consenting to us contacting your wireless service provider, and you are authorizing your wireless service provider to disclose your account and subscriber information, including, if available, your name, address, device and location data, for purposes of verifying your identify and validating any other information that you provide. In addition, until your Eligible Card account(s) are finally settled, you give direct consent to Comenity Bank, any servicers and any collectors of such account(s), to communicate with you regarding such account(s) through various means, such as (i) any cell, landline or text number that you provide or use to contact us; (ii) any e-mail address that you provide; (iii) auto dialer systems; (iv) recorded messages; (v) messaging through any mobile app associated with the Virtual Card Service or Apple Pay, including push notifications; and (vi) other forms of communications. Further, you agree that any such communications are not unsolicited for purposes of any state or federal law. You understand that this may result in additional mobile, text message or data charges.

6. Use of Virtual Cards

By selecting a Virtual Card within Apple Pay and placing your Eligible Device near a merchant's contactless-enabled point-of-sale terminal or reader, or by using a Virtual Card for an "in-app" or other digital payment, you are authorizing payment to the applicable merchant for the applicable goods or services using the corresponding Eligible Card. You represent and warrant that (a) you, and all transactions initiated by you, will comply with all applicable federal, state and local laws, rules and regulations; and (b) you will not use any Virtual Card for any fraudulent undertaking, or in any manner that may interfere with the operation of the Virtual Card Service or Apple Pay; and (c) you will use all Virtual Cards solely in accordance with the terms and conditions of this Agreement.

Limitations

Please note that merchants may require presentation of the corresponding physical card and/or a government-issued identification to authenticate your identity, such as for transactions above a certain dollar amount. In addition, due to the manner in which Apple Pay operates, you may need to present your Virtual Card and Eligible Device at a merchant when you return an item that was purchased using such Virtual Card and Eligible Device. The Virtual Card Service may not be available for use in all languages or in all countries, or if your wireless service is unavailable for any reason, including but not limited to losing your Eligible Device or it being disconnected by your wireless carrier. We make no representation that the Virtual Card Service is appropriate or available for use in any particular location based on data coverage, hardware availability or other reasons.

Fees

We do not currently impose any fees specifically for using the Virtual Card Service, but we reserve the right to impose such fees in the future. Third parties may charge you fees in connection with your use of Virtual Cards and Apple Pay, including data usage and/or text messaging fees; you are solely responsible for such fees.

7. Account Information; Transaction History

Apple Pay may provide you with access to information related to the Eligible Cards that have been registered with your Eligible Device, including information about cancellation or suspension of your Eligible Card due to issues such as an expired card, detection of fraud or past due payments. For each such Eligible Card, you may also view the last ten purchase transactions made by you on such Eligible Card, whether or not made using the same Eligible Device. The information may include the date, purchase amount and merchant name. Please note that some of the listed transactions may be pending charges, such as pre-authorizations, which are temporary and are subject to change. Apple Pay may provide you with the option and ability to turn off this purchase transaction reporting for each Eligible Card. For additional account information, please call the number on the back of your Eligible Card.

8. Card Agreement; Arbitration Provision

Your use of any Virtual Card is subject to this Agreement and to your Card Agreement, which is incorporated into this Agreement by this reference. If a problem arises with a product or service you purchased through use of a Virtual Card, you first should try to resolve the problem directly with the applicable merchant, but you may also have rights under your Card Agreement or otherwise under applicable law. YOUR CARD AGREEMENT GOVERNS YOUR ELIGIBLE CARD ACCOUNT, AND CONTAINS SPECIFIC PROTECTIONS AND OBLIGATIONS (INCLUDING AN OBLIGATION TO ARBITRATE ANY COVERED CLAIMS) WITH REGARD TO YOUR ELIGIBLE CARD ACCOUNT.

9. Privacy

You acknowledge that we may collect certain information from you and from third parties (such as Apple or your wireless carrier) to verify your identity and to otherwise enable you to use your Virtual Cards, and that we may also collect certain technical, location, login and other information about you and your use of Virtual Cards. Our collection of information in connection with the creation and use of Virtual Cards, and our use and disclosure of such information, is governed by our Online Privacy Policy, located at http://www.comenity.net/comenity/Home/ComenityOnlinePrivacy. For the avoidance of doubt, we may use and disclose the information that we collect in connection with the creation and use of Virtual Cards for fraud prevention purposes.

You acknowledge that Apple and the applicable payment network whose brand is displayed on your Eligible Card, and each of their subcontractors, agents and affiliates, may have access to certain information in connection with your use of Apple Pay, such as details regarding any transactions made using an Eligible Card through Apple Pay. We are not responsible for the collection, use or disclosure of information by any third party (such as Apple or any payment network) or otherwise through any Third Party Resource (as defined below), and any such collected information and third-party privacy practices are not subject to our Online Privacy Policy or any other Comenity privacy policy.

10. Security

You are solely responsible for maintaining the security of your Eligible Device and any credentials used in connection with your Eligible Device or Virtual Cards. DO NOT PROVIDE ANY APPLICABLE USER NAME OR PASSWORD (E.G., APPLE IDS, ELIGIBLE DEVICE PASSWORDS, OR ANY COMENITY-ISSUED USER NAMES OR PASSWORDS) TO ANYONE. Do not share the use of any Virtual Card, Eligible Device or applicable user name with any other person. If any such user name or password has been compromised, change it immediately. No legitimate company will ever contact you requesting your user name or password, which includes contact via e-mail, direct mail, telephone or requests for your user name or password on the telephone by a lender or merchant. If you are not sure whether an e-mail regarding your user name or password is legitimate, call the applicable third-party provider to verify its authenticity. All legitimate e-mail regarding your Eligible Card account will contain a verifiable digital signature showing its authenticity.

Your Eligible Device may also contain certain security features provided by Apple to protect against unauthorized use of the Eligible Device and any Virtual Cards; you agree not to disable or bypass any such features.

You must ensure that your Virtual Cards have been permanently deleted from an Eligible Device before selling or otherwise transferring such Eligible Device. If your Eligible Device is lost or stolen, or if you believe that any applicable username or password has been lost, stolen or otherwise compromised, please contact us immediately at 1-800-326-8176 Monday–Saturday 8AM–9PM ET.

11. Suspension; Termination

You may remove any Virtual Card from Apple Pay by following the instructions within Apple Pay, or by calling the number on the back of the corresponding Physical Card. Except as otherwise required by applicable law, we may at any time (a) restrict, suspend or terminate your use of any Virtual Card without notice and for any reason, including due to suspected fraudulent activity or suspected breach of this Agreement; (b) modify or suspend the type or dollar amounts of transactions allowed using Virtual Cards; (c) change or eliminate an Eligible Card's eligibility for use with the Virtual Card Service and/or Apple Pay; and/or (d) change any registration or authentication procedures or requirements in connection with Eligible Cards. We will not be liable to you or any third party for any such actions.

12. Third Party Resources

The use of Virtual Cards is dependent upon certain third-party products and services, including Apple Pay, payment card networks, your Eligible Device and your wireless carrier service. In addition, the Virtual Card Service and Apple Pay may make available access to certain third-party product, services and offers, including those offered by merchants and mobile apps that are compatible with Apple Pay. All such third-party products, services and offers, including Apple Pay, are collectively referred to herein as "Third Party Resources."

We neither control nor endorse, nor are we responsible for, any Third Party Resources, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Resources, any intellectual property rights therein, or the security of any information (including credit card and other personal information) that you may submit in connection with any Third Party Resources. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement or in connection with the Virtual Card Service shall be deemed to be a representation or warranty by the Bank with respect to any Third Party Resources. We have no obligation to monitor Third Party Resources, and we may disable the compatibility of any Virtual Card with any Third Party Resources, in whole or part, at any time. The availability of any Third Party Resources in connection with a Virtual Card does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RESOURCES, INCLUDING APPLE, THE APPLICABLE PAYMENT CARD NETWORK, YOUR WIRELESS CARRIER, AND MERCHANTS AND PROVIDERS OF ANY THIRD-PARTY APP OR SERVICE COMPATIBLE WITH APPLE PAY).

13. RELEASE OF CLAIMS

NO BANK ENTITY IS RESPONSIBLE FOR, OR SHALL HAVE ANY LIABILITY IN CONNECTION WITH, ANY THIRD PARTY RESOURCES, OR ANY DISPUTE BETWEEN YOU AND ANY PROVIDER OF THIRD PARTY RESOURCES, INCLUDING FOR ANY CLAIM THAT SUCH THIRD PARTY RESOURCES FAIL TO COMPLY WITH ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, ANY CLAIM ARISING UNDER CONSUMER PROTECTION OR SIMILAR LAWS OR REGULATIONS, AND ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM. YOU AGREE TO RELEASE EACH BANK ENTITY FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVE DAMAGES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIRD PARTY RESOURCES, OR ANY DISPUTE BETWEEN YOU AND ANY PROVIDER OF THIRD PARTY RESOURCES. YOU WAIVE ANY PROVISION OF ANY COUNTRY, STATE, PROVINCE OR OTHER LAW THAT LIMITS OR PROHIBITS A GENERAL RELEASE, INCLUDING, IF APPLICABLE, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

14. The Bank's Proprietary Rights

We and our suppliers own the Virtual Card Service and all Virtual Cards, which are protected by proprietary rights and laws. Each Virtual Card is licensed (not sold) to you. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Bank to use any Virtual Card, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use such Virtual Card on an Eligible Device that you own or control, in accordance with this Agreement. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using all Virtual Cards and remove (that is, uninstall and delete) such Virtual Cards from your Eligible Device(s).

You may not rent, lease, lend, copy, redistribute, sublicense or create derivative works of any Virtual Card, or decompile, reverse engineer, disassemble or attempt to derive the source code of any Virtual Card, except solely to the extent that such restriction is prohibited by applicable law. You further agree that you will not use any Virtual Card in any manner that infringes or violates any third-party rights.

Our trade names, trademarks and service marks include COMENITY and Stylized O and any associated logos. All trade names, trademarks and service marks used in connection with Apple Pay that are not owned by us are the property of their respective owners. You may not use the trade names, trademarks or service marks of the Bank in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing in this Agreement or in connection with the Virtual Card Service or Apple Pay should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the applicable owner.

15. DISCLAIMERS; LIMITATIONS OF LIABILITY

THE VIRTUAL CARD SERVICE (INCLUDING ALL VIRTUAL CARDS) AND ANY THIRD PARTY RESOURCES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. EACH BANK ENTITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE VIRTUAL CARD SERVICE AND ANY THIRD PARTY RESOURCES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE VIRTUAL CARD SERVICE OR THIRD PARTY RESOURCES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE FOREGOING.

THE BANK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE VIRTUAL CARD SERVICE OR THIRD PARTY RESOURCES, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE VIRTUAL CARD SERVICE OR THIRD PARTY RESOURCE, OR ANY UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE BANK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE VIRTUAL CARD SERVICE OR THIRD PARTY RESOURCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VIRTUAL CARD SERVICE IS TO STOP USING THE VIRTUAL CARD SERVICE AND DELETE ALL VIRTUAL CARDS. THE MAXIMUM COLLECTIVE LIABILITY OF THE BANK ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE EQUAL TO THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO THE BANK IN EXCHANGE SOLELY FOR THE RIGHT TO ACCESS AND USE THE VIRTUAL CARD SERVICE.

It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

16. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each Bank Entity from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) any use of, or activities in connection with, the Virtual Card Service or Apple Pay, by you or anyone authorized by you to use your Eligible Card(s) or Virtual Card(s); or (b) any violation or alleged violation of this Agreement by you or anyone authorized by you to use your Eligible Card(s) or Virtual Card(s).

17. Termination

This Agreement is effective until terminated. Sections 1, 8– 9, 11–18 and 22–23 shall survive any termination of this Agreement.

18. Governing Law; Arbitration

The terms of this Agreement are governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF YOUR USE OF ANY VIRTUAL CARD, IN WHOLE OR IN PART, OR OF ANY PRODUCTS, SERVICES, FEATURES, FUNCTIONALITY, CONTENT, INFORMATION OR OTHER MATERIALS OFFERED IN CONNECTION WITH A VIRTUAL CARD, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE BANK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by this Agreement. The Supplementary Procedures are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2009997&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

19. Contact Us

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to www.comenity.net/comenity/ContactUs or write to us at PO Box 182273, Columbus, OH 43218-2273.

20. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://www.onguardonline.gov/). Please note that the Bank does not endorse any of the products or services listed on such sites.

21. Information or Complaints

If you have a question or complaint regarding any Virtual Card, please direct your inquiry to www.comenity.net/comenity/ContactUs. You may also contact us by writing to PO Box 182273, Columbus, OH 43218-2273, or by calling us at 1-800-326-8176. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.

23. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and the Bank. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof. The term "including" as used herein means "including without limitation." This Agreement hereby incorporates by this reference any additional terms that we post in connection with any Virtual Card and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and the Bank relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Bank relating to such subject matter, but expressly excluding any such written or oral agreements relating to investment or financial transactions with any Bank Entity. To the extent of any irreconcilable conflict between the terms of such agreements relating to investment or financial transactions and the terms of this Agreement, the terms of such agreements relating to investment or financial transactions will govern. Notices to you may be made via posting to comenity.net/info/digitalpayments/terms/appleterms.xhtml , by e-mail, or by regular mail, in the Bank's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Bank will not be responsible for failures to fulfill any of the Bank's obligations due to causes beyond its control.

© 2015 Comenity LLC, unless otherwise noted. All rights reserved.