UNIQUE CARD SERVICES™ SHOPPING CARD
MEMBER AGREEMENT
Unique Card Services™ SHOPPING CARDS
are issued with:
NO Credit Check - NO Interest Charges
This Agreement contains the Terms and Conditions of
becoming a Unique Card Services™ Shopping Cardholder.
BY ACCESSING AND/OR USING THE UNIQUE CARD SERVICES™ SHOPPING
CLUB WEB SITE (THE "WEB SITE") AND/OR OUR SERVICES (THE
"SERVICES"), YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING
TERMS AND CONDITIONS (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT
IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND/OR SERVICES IN
ANY MANNER OR FORM, WHATSOEVER. PLEASE REVIEW THIS AGREEMENT CAREFULLY.
NOTICE TO AUTHORIZED CARD MEMBERS:
(A) DO NOT USE THIS WEB SITE OR OUR SERVICES BEFORE YOU READ THIS AGREEMENT
CAREFULLY.
(B) UNIQUE CARD SERVICES™ SHOPPING CARDS ARE A LINE OF CREDIT THAT CAN BE USED
BY AN ACCOUNT HOLDER TO SHOP EXCLUSIVELY AT OUR ONLINE SHOPPING WEBSITE. A DOWN
PAYMENT IS REQUIRED FOR PURCHASES AT OUR WEBSITE OF 15% OF THE MERCHANDISE
PORTION OF THE ORDER, PLUS SHIPPING AND PROCESSING FEES AND ANY APPLICABLE
SALES TAX. UNIQUE CARD SERVICES™ SHOPPING CARDS ARE NOT A VISA�, MASTERCARD�,
OR OTHER CREDIT/DEBIT CARD.
(C) THERE IS NO COST FOR THIS MEMBERSHIP.
(D) THE BENEFIT SERVICES IS $19.95 PER MONTH AND ARE OPTIONAL.
(E) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT
WITHOUT PENALTY OR ADDITIONAL COSTS.
(F) GUARANTEED QUALIFICATIONS: YOU MUST BE 18 YEARS OF AGE, A U.S. CITIZEN OR
PERMANENT RESIDENT WITH NO UNDISCHARGED BANKRUPTCIES, AND MEMBERSHIP IS NOT
AVAILABLE TO RESIDENTS OF WISCONSIN, VERMONT AND INDIANA.
(G) UNIQUE CARD SERVICES™ IS NOT A CREDIT SERVICES ORGANIZATION, BANKING
INSTITUTION OR INSURANCE COMPANY; NOT IS IT AFFILIATED WITH ANY CREDIT SERVICES
ORGANIZATION, BANKING INSTITUTION OR INSURANCE COMPANY.
(H) UNIQUE CARD SERVICES™ DOES NOT FACILITATE OR PROVIDE ASSISTANCE IN
OBTAINING CREDIT FROM ANY OTHER CREDIT-ISSUING ENTITIES. UNIQUE CARD SERVICES™
DOES NOT CHARGE AN ADVANCED FEE TO ESTABLISH CREDIT; NOR DOES UNIQUE CARD
SERVICES™ ATTEMPT, OR CLAIM TO ATTEMPT, TO REPAIR A CUSTOMER'S CREDIT HISTORY.
Interest Rates and Interest Charges |
|
Annual Percentage Rate (APR) for purchases |
0.00% |
Variable Rate Information |
N/A |
Grace Period for Repayment of Balances for Purchases |
N/A |
Method of Computing the Balance for Purchases |
N/A |
|
|
|
|
Disclosure of Costs, Fees, and Rates |
|
NSF Check Fee |
$30.00 |
Cancellation Fee |
None |
Late Payment |
$10.00 |
Processing Fees |
N/A |
Total of payments |
Equal to the purchase cost of all goods purchased by the
Account Holder. |
Total sale price |
Equal to the purchase cost of all goods purchased by the
Account Holder. |
Prepayment |
No penalties for prepayment. |
Fee for returned checks or debits, second NSF |
$30.00 |
Minimum Monthly Payment |
The greater of: a) 15% of the account balance owed; or b)
$25.00. Notwithstanding the foregoing, should your new balance be less than
$25.00, the minimum payment due will be the total amount of the new balance. |
Membership/Benefits Plan Fees |
Upon account activation, all Unique Card Services members have
the option to enroll in the monthly membership benefit plan (click here for
program benefits). �The charges will
appear as "Unique Card Services." The $19.95 monthly charge will
continue until the membership is cancelled by calling 1-888-805-7648 or
at [email protected]. If the
cancellation occurs after the initial or monthly debit has occurred, the
cancellation will terminate all subsequent debits, but will not result in a
refund for the prior or current months if the cancellation is outside the
initial (30) day cancellation period. |
This Agreement contains information about the use of this Charge
Account and explains the terms by which both You and We agree to be bound. In
this Agreement, the words "I", "My", "Me,"
"You," "Your" and "Cardholder" mean the Card
Member or Cardholder; the words "We" or "the Company" mean
UNIQUE CARD SERVICES™ and Renown Holdings, Inc., located in Uniontown,
Pennsylvania; and the words "Charge Account" or "Account"
mean the Unique Card Services TM Shopping Card Account. The company reserves
the right to substitute the name of the Shopping card with another card name,
but with all of the same rights and privileges of the UNIQUE CARD SERVICES™
Shopping Card Account.
This Agreement describes the Terms and Conditions under which
Your UNIQUE CARD SERVICES™ Shopping Card Account is issued. By accessing this
Web Site, You certify that You are at least 18 years
of age, and have the ability to make a monthly payment for merchandise
purchases of as much as $150 if you use your entire credit limit, and the
information You provided to UNIQUE CARD SERVICES™ in order to obtain this
Charge Account is true and accurate. You understand that Your use of the Charge
Account constitutes Your acceptance and agreement to comply with and be bound
by the Terms and Conditions of this Agreement. You understand that Your card is
being issued with no credit check or investigation, and that the Minimum
Monthly Payment required on Your outstanding balance is $25.00 or 15% of the
outstanding balance, whichever is greater. (See "13. Minimum Monthly
Payment" for complete explanation.)
The Federal E-Sign Act (HR-1714) on Final Digital Signature provides
that electronic signatures on documents hold equivalent legal status as
traditional handwritten signatures. By completing the online application for
the UNIQUE CARD SERVICES™ Shopping Card, You certify
that Your digital signature is the equivalent of Your handwritten signature.
Also, You declare that You have read and understand
all of the Terms and Conditions of this Agreement, and You agree to and do sign
each section of these Terms and Conditions of this Agreement with Your digital
signature.
1. ACCEPTANCE OF AGREEMENT: This Agreement and the Web
Site constitute the entire agreement between You and the Company, and
supersedes all prior or contemporaneous agreements, representations, warranties
and/or understandings with respect to the Web Site, the Services and Your
Account. The Company may amend this Agreement from time to time, in our sole
discretion, without specific notice to You. The latest Agreement will be posted
on the Web Site, and You should review this Agreement prior to each use of the
Web Site, the Services and/or Your Account. By Your continued use of the Web
Site, the Services and/or Your Account, You hereby agree to all the terms and
conditions contained in this Agreement in effect at that time. Therefore, You should regularly check this page for updates and
changes.
2. CREDITOR/NATURE OF ACCOUNT AND SERVICES: The
creditor under this Agreement is Renown Holdings, Inc., t/d/b/a Unique Card
Services™. Unique Card Services™ is an online merchandise shopping service.
Unique Card Services™ is not a credit services organization, financial or
banking institution. Your Account is a line of credit that can be used by You
to shop exclusively at the UNIQUE CARD SERVICES™ Shopping Club Web Site
(www.myuniqueoutlet.com). This is not a credit repair service.
3. HOW IT WORKS: Upon Account activation,
Cardholder will receive various benefits as well as a merchandise credit line
to use exclusively on purchases available through UNIQUE CARD SERVICES™
Shopping Club Web Site (www.myuniqueoutlet.com). Your Account will not work at
any other website. Due to the lack of restrictions associated with obtaining an
Account, there are nominal shipping and handling fees required for each
purchase. All Cardholders will receive a physical shopping card within (5) five
days to (2) weeks of account activation. If You do not receive Your card,
please contact customer service by dialing 1-888-805-7648. In
order to expedite fulfillment of the product to You, the Company
reserves the right, at its sole discretion, to substitute another merchandise
shopping card of equal or greater value.
4. APPLICATION PROCESS: Accounts may be obtained by
individuals 18 years of age or older, who possesses a valid and active U.S.
credit card, debit card, checking or savings bank account. There are no credit
checks, income requirements or employment requirements to obtain an Account.
There are also no restrictions applicable to those with past bankruptcy
history. To obtain an Account, You must submit an application to Unique Card
Services™ to qualify for an Account. When You apply for an Account, You agree
to provide accurate, current and complete information about yourself
("Application Data") as prompted by the Company�s application form.
You also agree that Unique Card Services™ reserves the right to debit or charge
Your checking account or debit/credit card the full amount and or any portion
of the full amount as not to exceed the advertised amount. In the event We are
unable to capture the full amount from Your credit or debit card as You
requested, We may, within 7 to 60 days, attempt to reprocess Your request for
any amount up to the original processing amount. You will be notified by e-mail
upon approval. You also represent that We may rely on Your submitted Application
Data as accurate, current and complete. You agree to maintain and update Your
Application Data to keep it as accurate, current and complete as possible. The
Company reserves the right, in its sole discretion, to terminate your Account
for inaccurate, untrue, deceptive and/or incomplete Application Data. In order
to update your Application Data, please access and update Your online profile.
You understand that by submitting an application to Unique Card Services™, You
are not guaranteed to obtain an Account. The Company reserves the right, in its
sole discretion, to accept or reject any application for any reason, or for no
reason, whatsoever.
5. INCOMPLETE APPLICATIONS: By clicking
"submit" on the application page, You grant
permission to Company to contact You, when necessary, via e-mail or telephone
to complete Your application. If Unique Card Services™ approves Your
application; You will receive an e-mail confirming Your application approval
and Your associated username and password information ("Login")
information. Once you receive this Login information, You
may make immediate use of the UNIQUE CARD SERVICES™ Shopping Club Web Site
(www.myuniqueoutlet.com) and Services.
6. AMOUNT FINANCED AND ITEMIZATION: Upon
activation, Your UNIQUE CARD SERVICES™ Account will be issued with a starting
credit limit equal to the value of the Cardholders open balance which is
indicated on the Account Information Form.
7. MEMBERSHIP/BENEFIT PLAN AND SERVICES: In
addition to the shopping card benefits, You have the
option to enroll into the Benefits plan where you will receive privileges in
the Roadside Assistance Plan and other discount opportunities. The cost of
monthly Benefits membership fee is $19.95.per month You understand You may
cancel Your Account at any time by following the procedures outlined in
Sections 17 and 18 of these Terms and Conditions.
8. COMPANYS RESPONSIBILITY AND LIABILITY: Company
shall have no liability with regard to any services provided by any vendor/benefit
provider. You agree that any claim with regard to any services shall be made
against the vendor of such services and not the Company, and that the Company�s
sole obligation hereunder shall be to allow access to the vendor/benefit
provider. All benefit providers are independent companies and are not agents of
the Company. All benefits are subject to the terms and conditions specified by
the suppliers. The Company does not have the authority to alter those terms.
The Company is not responsible for personal injuries, loss or damage of
property, inconvenience or expense resulting from matters beyond its control,
government actions, strikes, theft, and changes in benefit offering, or acts of
God. The Company may, in its sole judgment, make any changes and cancellations
to any benefits that it believes necessary. Individual benefit programs within
the Services may be subject to separate terms and conditions and may be altered
or substituted with products or services of equal or better value.
9. CREDIT BUREAU ACCESS: Company will not access your
personal credit report as part of the activation process or in establishing
Your Account. However, after Your Account is activated, Company reserves the
right to access your personal credit report per your authorization in Section
27 of these Terms and Conditions.
10. MONTHLY BILLING FOR UNPAID AMOUNTS: You will
be billed each month for the balance of charges made to Your Account. Your
Account must be maintained on a current basis to make additional credit purchases
and to receive additional Card Member benefits. Only Cardholders who are in
good standing with their Accounts may make purchases at the UNIQUE CARD
SERVICES™ Shopping Club Web Site (www.myuniqueoutlet.com) and receive
additional Card Member benefits.
11. APPLICATION OF PAYMENTS RECEIVED: Payments
received are always applied first to any unpaid fee(s) that may be owed. The
remaining portion of the payment is applied to any unpaid Balance. Purchases
are reflected in the Principal Balance in the same order they were made, oldest
first. Payments are applied to the Principal Balance, not purchases.
12. MINIMUM MONTHLY PAYMENT/AUTOMATIC PAYMENT PLAN PAYMENT
AMOUNT: You agree to pay at least the Minimum Monthly Payment
shown on each billing statement. All payments must be received on or before the
due date indicated on the billing statement or a late fee may be assessed. The
Minimum Monthly Payment which must be paid every month (as long as Your Account
shows an outstanding balance) is calculated by finding the greater of (a) or
(b): a) 15% of the Account balance owed on Your Account, or b) $25.00,
whichever is greater. This figure is the Minimum Monthly Payment ("Minimum
Monthly Payment"). The Minimum Monthly Payment does not automatically decrease
as Your Account balance decreases. Should your new balance be less than $25.00,
the payment due will be the amount of the new Principal Balance. By applying
for the UNIQUE CARD SERVICES™ Shopping Card, You request and authorize the
Company to automatically deduct from your credit/debit account the Minimum
Monthly Payment due each statement or billing cycle. When You receive Your
UNIQUE CARD SERVICES™ Shopping Card, You may call UNIQUE CARD SERVICES™ Member
Services to modify the amount You wish to pay through this automatic payment
plan by selecting either (a) the full balance due; or (b) a fixed amount each
month. Note: If You select a fixed payment amount, the Company may still deduct
from Your credit/debit account the Minimum Monthly Payment due if that amount
due is greater than the amount You selected for Your fixed payment.
13. DELINQUENT ACCOUNT: An Account is considered
delinquent if the Company does not receive the Minimum Monthly Payment by the
due date. If this occurs, a $10.00 late fee may be charged.
14. DEFAULT ON ACCOUNT: Your Account will be
considered in default if: a) You fail to pay the Minimum Monthly Payment when
due; or b) You breach any of the Terms and Conditions of this Agreement. If
Your Account is in default, the Company has the right to: (a) demand that You
pay the entire unpaid balance on the Account immediately; (b) suspend purchases
until the default is cured; (c) apply monies received on subsequent allowed
purchases to any delinquent Account balance owed including late fees, if
applicable; and/or (d) proceed with legal action.
15. MEMBERSHIP, APPLICATION AND ENROLLMENT FEES: There is
no initial cost of Your Shopping Card membership.
16. CANCELLATION AND REFUND POLICY FOR MONTHLY BENEFIT
MEMBERSHIP: If you take the option to receive the Monthly Benefits
membership you will be billed the $19.95 monthly charge. It will be billed
every 30 days will continue to be processed until Your Account is cancelled by
calling 1-888-805-7648 or at [email protected]. If the
cancellation is outside the initial (30) day cancellation period as provided in
Section 17 of this Agreement or if You cancel Your Account after the monthly
debit has occurred, the cancellation will terminate all subsequent debits, but
will not result in a refund for the prior or current months.
17. MERCHANDISE PURCHASES: All Cardholders will be
required at the time of the order to pay 20% of the merchandise portion of the
order, plus all shipping and processing fees and any applicable sales tax.
Shipping and processing fees are non-refundable. Orders cannot be shipped to
addresses other than what is listed on the customer's account. By purchasing
items from UNIQUE CARD SERVICES™ Shopping Club Web Site
(www.myuniqueoutlet.com), Cardholder fully understands and agrees to all
policies. Merchandise return policies and instructions are explained on the
product order forms and/or on the UNIQUE CARD SERVICES™ Shopping Club Web Site.
18. AUTOMATIC RENEWAL; Company�™S CANCELLATION RIGHTS: Your
UNIQUE CARD SERVICES™ Shopping Card Account will be active for twelve (12)
months from the date of issue. Unless otherwise cancelled within thirty (30)
days before the expiration of the initial membership term, Your Account shall
automatically renew for successive one-year membership terms until cancelled as
provided in Section 18 of these Terms and Conditions. The Company, at its sole
discretion, may also cancel Your Account and may demand payment in full of the
entire balance due, if You default on this Agreement. In the event the Company
cancels Your Account, You will continue to be responsible to make full payment
of any remaining balance on Your Account.
19. FRAUD RESOLUTION: As a matter of policy,
Company fully cooperates with all law enforcement agencies in the pursuit of
fraud, with regard to the unauthorized use of information in applying for this
membership. If You believe Your bank account was fraudulently charged for the
membership fee, Company will make every effort to aid in a resolution. Before
Company can take any action, please fax or mail a copy of the official report
filed with Your local Police or law enforcement agency detailing the suspected
fraudulent act and also a copy of the portion of Your Account statement showing
the date and amount of the withdrawal.
20. SECURITY INTEREST: Company, to the extent
legally permissible, retains a security interest in all merchandise charged on
this Account until the balance is paid in full.
21. APPLICABLE LAW: This Agreement shall be
treated as though it were executed and performed in Uniontown, Pennsylvania,
and shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania (without regard to conflict of law principles).
22. PROPRIETARY RIGHTS: The content, organization,
graphics, design, compilation, magnetic translation, digital conversion,
software and other matters related to the Web Site, the Services and/or Your
Account are protected under applicable copyrights, trademarks and other
proprietary (including, without limitation, intellectual property) rights. The
copying, redistribution and/or publication by the Cardholder of any part of the
Web Site, the Services and/or Your Account are strictly prohibited. By
accessing or using this Web Site, the Services and/or Your Account, You do not
acquire ownership rights to any content, document, software, service or other
materials viewed at or through the Web site, the Services and/or Your Account.
The posting of information or material at the Web Site and the Services by the
Company do not constitute a waiver of any right in such information and/or
materials.
23. PRIVACY POLICY: Use of the UNIQUE CARD
SERVICES™ Shopping Club Web Site, the Services and/or Your Account is subject
to the Company�™s Privacy Policy, which is hereby incorporated into, and made
part of, this Agreement. The Company reserves the right, and You authorize the
Company, to use and assign all information regarding your use of the Web Site,
the Services and Your Account, and any and all other personal information
provided by You, in any manner consistent with the Company�™s Privacy Policy.
24. INDEMNIFICATION: You agree to indemnify,
defend and hold the Company, its owners, and each of its respective officers,
partners, members, employees, agents and attorneys, and affiliates (each a
"Covered Party"), harmless against any and all liabilities, claims,
actions, suits, proceedings, judgments, fines, damages, costs, losses and
expenses (including reasonable attorneys' fees, administrative costs and/or
settlement costs) arising from Your breach of this Agreement and/or Your use of
the Web Site, the Services and/or Your Account, in any manner whatsoever.
25. AUTHORIZATION TO OBTAIN & DISCLOSE INFORMATION: By
becoming a member of the UNIQUE CARD SERVICES™ Shopping Club Program and
obtaining the UNIQUE CARD SERVICES™ Shopping Card, You authorize the Company to
obtain a Credit Report that is based on the information that you provide to the
Company as well as exchange information about how You handle Your Account with
lawful recipients and with the Credit Bureau. The Company may require You to
provide updated and/or additional information during the term of Your card
membership in order for You to receive additional benefits.
26. SHARING INFORMATION WITH THIRD PARTIES: The
Company may disclose to its affiliate companies any and all of the information
that the Company collects in the application process and that the Company may
have gathered in consideration of Your application. The Company does not share
information with any non-affiliated third parties except in select
circumstances when a business partner refers the Cardholder to the Company and
the Cardholder gives the Company permission to share information with that
business partner. When identifying methods of improving the Company�s products
and services or if the Company thinks a product may be of interest to You, the
Company may arrange to extend offers of goods or services to You either
directly or through the Company�s affiliates. In addition, the Company may disclose
all of the information it collects, as described above, to companies that
perform services on the Company�™s behalf such as the credit reporting agencies
from which the Company obtains Your credit report(s), credit card processors,
email communications management firms or call center providers. The Company may
also disclose nonpublic personal information about You to nonaffiliated third
parties as permitted by law.
27. MEMBERSHIP IN GOOD STANDING REQUIREMENT: You
understand and acknowledge that Your membership privileges, current charge
limit, current down payment/no down payment requirement, or other card member
benefits and/or special promotions/programs are subject to the maintaining of
Your Account in good standing by making the Minimum Monthly Payments on time,
and that should You become delinquent on Your Account, or otherwise be in
default under this Agreement, Your privileges and benefits may be changed
and/or suspended until You have re-established a consistent pattern of on-time
Minimum Monthly Payments. You certify that You have read, understand and agree
to all the Terms and Conditions and Disclosures written in this Agreement. You
certify that all the information You have provided to the Company is true,
accurate and verifiable. The information about the costs of the card described
in this application/solicitation is accurate as of the Date of this Agreement.
The information may be changed after that date. To find out what may have
changed, write to the Company at Unique Card Services, PO Box 757, Hopwood, PA
15445. If the Cardholder does not agree with any changes in the terms and
conditions of the card Account, the Cardholder may close their Account without
incurring any penalty. Please note that the Cardholder will be responsible for paying
all outstanding balances in the event they close their Account.
28. EDITING, DELETING AND MODIFICATION: Company
reserves the right, in its sole discretion, to edit, delete and/or modify, at
any time and without notice to You, any of the Terms and Conditions of this
Agreement and/or the information or other content appearing on the Web Site or
involving the Services and/or Your Account.
29. COMMUNICATIONS: You understand, authorize
and agree that the Company may contact You via telephone (both live and
recorded messages), e-mail, mail, and other forms of communication, pertaining
to Your Account as well as other offers or programs that the Company believes
may be of interest to You.
30. FAIR CREDIT REPORTING ACT: Under the Fair Credit
Reporting Act, You acknowledge You are entitled to receive an annual free
disclosure of Your credit report from each of the national credit reporting
agencies and that Your participation in Credit Care is independent of and in
addition to Your rights to free disclosure of Your credit report under the Fair
Credit Reporting Act.
31. STATE NOTICES:
NOTICE FOR CALIFORNIA RESIDENTS: California
law requires that the Company inform customers that should they fail to fulfill
the terms of their credit obligation, a negative report reflecting on their
credit record may be submitted to a credit-reporting agency. If You are
married, You may apply for credit in Your own name.
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that,
should the Company obtain a judgment against You, a portion of Your disposable
earnings may be attached or garnished (paid to the Company by Your employer),
as provided by Florida and Federal law.
NOTICE FOR MAINE RESIDENTS: The Company may request a
Consumer Report in connection with Your request for a credit line increase or
to be considered for some other UNIQUE CARD SERVICES™ product. You may ask
whether the Company obtained a Consumer Report and the Company will tell You
the name and address of the Consumer-Reporting Agency, if a report was obtained.
NOTICE FOR NEW YORK RESIDENTS: A Consumer Credit Report
may be requested in connection with this application or in connection with
updates, renewals, or extensions of any credit granted as a result of this
application. Upon Your request, You will be informed whether or not such a
report was requested and, if so, the name and address of the agency that
furnished this report. New York residents may contact the New York State
Banking Department to obtain a comparative listing of credit card rates, fees and
grace periods. New York State Banking Department 1-800-518-8866.
NOTICE FOR OHIO RESIDENTS: The Ohio laws against
discrimination require that all creditors make credit equally available to all
creditworthy customers, and that credit reporting agencies maintain separate
credit histories on each individual upon request. The Ohio Civil Rights
Commission administers compliance with this law.
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No
Agreement, unilateral statement or court decree relating to marital property
adversely affects a creditor�™s interest, unless prior to the time credit is
granted the creditor is furnished a copy of the Agreement, statement or decree,
or has actual knowledge of the adverse position.
NOTICE FOR ILLINOIS RESIDENTS: You may contact the
Illinois Commission of Bank and Trust Companies for comparative information on
interest rates, charges, fees and grace periods. State of Illinois - CIP, PO
Box 10181, Springfield, IL 62701. Phone (800) 634-5452.
32. DISCLAIMERS AND LIMITATIONS: THE WEB
SITE, THE SERVICEs, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE
UNIQUE CARD SERVICES™ SHOPPING CARD ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). THE WEB SITE, THE SERVICES, YOUR ACCOUNT AND ANY
MERCHANDISE OBTAINED THROUGH THE UNIQUE CARD SERVICES™ SHOPPING CARD MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND THE
COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO
USE, THE WEB SITE, THE SERVICES, YOU�RE ACCOUNT AND ANY MERCHANDISE OBTAINED
THROUGH THE UNIQUE CARD SERVICES™ SHOPPING CARD. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, THE COMPANY AND THE COVERED PARTIES ARE NOT LIABLE TO YOU
AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS; LOSS OF
PROFITS; DAMAGE TO REPUTATION OR GOODWILL; DEGRADATION IN VALUE OF BRANDS;
TRADE NAMES; TRADEMARKS, SERVICE NAMES OR SERVICE MARKS; LITIGATION; OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, FAILURE TO WARN OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
THE WEB SITE, THE SERVICES, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH
THE UNIQUE CARD SERVICES™ SHOPPING CARD WOULD NOT BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THE COMPANY THROUGH THE WEB SITE, THE SERVICES, YOUR ACCOUNT AND
ANY MERCHANDISE OBTAINED THROUGH THE UNIQUE CARD SERVICES™ SHOPPING CARD, SHALL
CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEB
SITE AND/OR THROUGH THE USE OF THE UNIQUE CARD SERVICES™ SHOPPING CARD IS
DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR
OTHERWISE ACCESSED THROUGH THE USE OF THE WEB SITE, THE SERVICES AND/OR YOUR
ACCOUNT IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU ARE SOLELY
RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
THE Company�s MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL
CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT YOU HAVE PAID FOR
ANY SINGLE PIECE OF MERCHANDISE AT THE WEB SITE AND/OR THROUGH THE UNIQUE CARD
SERVICES™ SHOPPING CARD. NOTWITHSTANDING THE FOREGOING, THE COMPANY SHALL NOT
BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD
PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEB SITE, THE SERVICES AND/OR THE
UNIQUE CARD SERVICES™ SHOPPING CARD.
33. BILLING RIGHTS: This notice contains
important information about Your rights and the Company�™s responsibilities
under the Fair Credit Billing Act.
If a Cardholder thinks a bill is wrong, or if a Cardholder needs
more information about a transaction on a bill, the Cardholder will write the
Company, on a separate sheet of paper, at the address listed on the Cardholder�™s
bill. The Cardholder must write to the Company as soon as possible. The Company
must hear from the Cardholder no later than 60 days after the Company sent the
Cardholder�s first bill on which the error or problem appeared. The Cardholder
may telephone the Company, but doing so will not preserve the Cardholder�s
rights. In the letter, the Cardholder should provide the following information:
1) The Cardholder�s name and Account number. 2) The dollar amount of the
suspected error. 3) A Description of the error and explanation of why the Cardholder
believes there is an error. If the Cardholder needs more information, the
Cardholder should describe the item the Cardholder is not sure about.
The Cardholder�s Rights and The Company�s Responsibilities After
The Company Receives The Cardholder�s Written Notice.
The Company must acknowledge the Cardholder�s letter within 30 days unless the
Company has corrected the error by then. Within 90 days the Company must either
correct the error or explain why the Company believes the unpaid bill was
correct. After the Company receives the Cardholder�s letter, the Company cannot
attempt to collect any amount the Cardholder questioned or report the
Cardholder as delinquent. The Company may continue to bill the Cardholder for
the amount the Cardholder questioned, and the Company may apply any amount the
Company questions against the Cardholder�s credit limit. The Cardholder does
not have to pay any questioned amount while the Company is investigating, but
the Cardholder is still obligated to pay any charges related to any questioned
amount. If the Company did not make a mistake, the Company will have to make up
any missed payments on the questioned amount. In either case, the Company will
send out a statement of the amount the Cardholder owes and the date that it is
due. If the Cardholder fails to pay the amount that the Company thinks the
Cardholder owes, the Company may report the Cardholder as delinquent. However,
if the Company�s explanation does not satisfy the Cardholder, and the
Cardholder writes the Company within 10 days telling the Company that the
Cardholder still refuses to pay, the Company must tell anyone the Company
reports the Cardholder to that the Cardholder has a question about a bill. In
addition, the Company must tell the Cardholder the name of anyone to whom the
Company reported this information. The Company must tell anyone to whom the
Company reported on the matter in question when it is finally settled. If the
Company doesn�t follow these rules, the Company cannot collect the first $50.00
of the questioned amount, even if the Cardholders bill was correct.
Renown Holdings Inc. is a private Pennsylvania Corporation in
the business of providing a Home Shopping Charge/Purchasing Program through its
UNIQUE CARD SERVICES™ Division and is a service mark of Renown Holdings, Inc.
and Renown Holdings Inc. is not a credit services organization. The Company, or
its division, does not provide, for a fee, any advice or assistance in helping
individuals obtain other forms of credit or improve their credit rating.
Information in this document should not be construed as legal advice. If You
have any legal questions concerning Your rights or Your credit, You should contact an attorney.
34. ARBITRATION: PLEASE READ THIS PROVISION
CAREFULLY. IT PROVIDES THAT ALL DISPUTES MAY BE RESOLVED BY BINDING
ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT
TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION
PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and the Company,
UNIQUE CARD SERVICES™ and any of our affiliates (or made by or against anyone
connected with You or Company, or claiming through You or Company) arising from
or relating to Your Account or membership in the UNIQUE CARD SERVICES™ Shopping
Club ("Claim"), including Claims regarding applicability or validity
of this arbitration provision, shall be resolved by binding arbitration in
accordance with the rules of the American Arbitration Association
("AAA") then in effect, subject to this Agreement. Any Claim
regarding the validity or enforceability of this arbitration provision shall be
governed by the laws of the Commonwealth of Pennsylvania without giving effect
to the choice of law provisions thereof. This arbitration provision is made
pursuant to a transaction involving interstate commerce and, in all other
respects, including the determination of any questions about whether Claims are
within the scope of this arbitration provision and therefore subject to
arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16
("FAA"), and shall be resolved by interpreting the arbitration
provision in the broadest way the law will allow it to be construed. All Claims
are subject to arbitration, no matter what theory they are based on or what
remedy they seek. This includes Claims based on contract, tort (including
intentional tort), fraud, agency, negligence, statutory or regulatory
provisions, or any other source of law. Claims made and remedies sought as part
of a class action, private attorney general or other representative action are
subject to arbitration on an individual (non-class, non-representative) basis.
As an exception to arbitration, You and We retain the right to pursue in a
small claims court located in the state or federal judicial district that
includes Your billing address at the time of the Claim, any Claim that is
within the court's jurisdiction and proceeds on an individual basis. The
arbitration shall be conducted before a single arbitrator, applying to the
Claims the substantive laws of the Commonwealth of Pennsylvania without giving
effect to the choice of law provisions thereof. The arbitrator's authority is
limited solely to the Claims between You and the Company alone. The arbitration
will not be consolidated with any other arbitration proceeding. You and We do
not agree to any arbitration on a class action or representative basis, and the
arbitrator shall not be authorized to treat any Claim on a class action or
representative basis. If You prevail in the arbitration of any Claim against
the Company, We will reimburse You for any fees You
paid to the AAA in connection with the arbitration. Any decision rendered will
be final and binding on the parties, and judgment may be entered in a court of
competent jurisdiction. Arbitration rules and forms may be obtained from the AAA
at www.adr.org. Claims shall be filed in any AAA office. However, any
participatory hearing that You attend shall take place in Fayette County,
Pennsylvania. This arbitration provision applies to all Claims now in existence
or that may arise in the future. The arbitration provision shall survive
termination of Your Account as well as voluntary payment of the debt in full by
You or any bankruptcy by You. Nothing herein shall be construed to preclude any
party from seeking injunctive relief in order to protect its rights pending an
outcome in arbitration.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION
PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL WITHIN TWENTY (20)
DAYS AFTER RECEIPT OF THIS "TERMS OF SITE USE." IF YOU SO NOTIFY US BY
THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY
CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM. HOWEVER, IN THAT
EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE
MEMBERSHIP TERM.
35. MISCELLANEOUS: Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the
Website, the Services and/or Your Account is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. The Company�s failure to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. You and the Company do
not intend that any agency or partnership relationship be created through
operation of this Agreement.
36. Acknowledgements: You certify that You have
read, understand and fully agree to all the Terms and Conditions contained in
this Agreement. You also certify that all the Application Data You supplied to
the Company is true, accurate and verifiable. The information concerning costs
and fees associated with Your Account is accurate as of the Date of this
Agreement. You understand that these costs and fees, and any other term
associated with Your Account, may change at any time, in the sole discretion of
the Company. You understand that Your only recourse to any changes in terms is
the cancellation of Your Account in accordance with this Agreement.
Dated: January 14, 2018