UNIQUE CARD SERVICES™ SHOPPING CARD
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) THE INITIAL COST OF MEMBERSHIP IN THE UNIQUE CARD SERVICES™ SHOPPING CLUB PROGRAM IS $29.95 AND MAY BE PAID BY VISA, MASTERCARD, OR OTHER CREDIT/DEBIT CARD.
(D) THE CONTINUING MEMBERSHIP COST FOR THE UNIQUE CARD SERVICES™ SHOPPING CLUB PROGRAM AND THE BENEFIT SERVICES IS $19.95 PER MONTH AND WILL BE AUTOMATICALLY DEDUCTED FROM YOUR ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL THE SERVICES AT ANY TIME PER SECTION 6 OF THIS AGREEMENT.
(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|
|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 are automatically enrolled in the monthly membership benefit plan (click here for program benefits). Upon activation, all members are charged immediately an initial application fee of $29.95 and every thirty (30) days thereafter a monthly membership fee of $19.95. 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@example.com. 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. 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. RETURNED AND NSF CREDIT/DEBIT PAYMENTS: In the event that Your membership fee is returned due to non-sufficient funds, You understand and agree that Company may, at its sole option, issue Your UNIQUE CARD SERVICES™ Shopping Card with a credit line of $250 and debit Your credit/debit account for the enrollment fee of $19.95. UNIQUE CARD SERVICES™ may immediately attempt to collect those amounts by presenting Your credit/debit authorization to Your original banking institution, and You authorize the debiting of Your debit/credit account for such amounts. Company is not responsible for any overdraft fees charged by Your bank or incurred by You due to any such debit attempt(s). You understand and agree that if Company is unable to obtain payment from Your bank, Company reserves the right to immediately terminate Your Account or reduce Your available credit until a consistent payment history has been established.
7. 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 Cardholder’s open balance which is indicated on the Account Information Form.
8. MEMBERSHIP/BENEFIT PLAN AND SERVICES: In addition to the shopping card benefits, You will receive privileges in the Roadside Assistance Plan and other discount opportunities. Your access to the Services will be granted upon confirmation of Your identity and verification of Company’s receipt of Your payment of $29.95 (consisting of a $10.00 non-refundable application fee and an initial $19.95 UNIQUE CARD SERVICES™ Membership Fee), or other applicable enrollment fee. Every thirty (30) days thereafter, Company will charge Your credit/debit card a monthly membership fee of $19.95for so long as You maintain Your Account. 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.
9. COMPANY’S 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. MEMBERSHIP, APPLICATION AND ENROLLMENT FEES: The initial cost of Your membership includes an application and enrollment fee. The total initial membership fee is $29.95. This charge breaks down as follows: $19.95 enrollment fee and a $10.00 application fee. The application fee is non- refundable. If the refund of card membership procedure is met, the Company will refund Your enrollment fee only. Should Your enrollment fee be reduced to $19.95 in the event of Your membership fee being returned for insufficient funds, a credit line of $250 will be issued, pursuant to Section 6 of these Terms and Conditions.
17. CANCELLATION AND REFUND POLICY FOR INITIAL ENROLLMENT: You may cancel Your initial enrollment in the UNIQUE CARD SERVICES™ Shopping Club Program within (30) days from the receipt of the Welcome Kit and UNIQUE CARD SERVICES™ Shopping Card. To receive a refund of the initial $19.95 enrollment fee, You must first contact the Company to obtain a Return Authorization Number. Upon receiving the return authorization number, You must then return all membership documents and the UNIQUE CARD SERVICES™ Shopping Card to: Unique Card Services, PO Box 757, Hopwood, PA 15445. REFUND GUIDELINES MUST BE CAREFULLY FOLLOWED TO ASSURE A PROMPT REFUND OF MONIES. There will be no refund of the initial enrollment fee in the event that there are Unpaid Balances posted to Your Account or if there are pending merchandise orders. You must allow at least seven (7) business days from the Company’s receipt of Your returned membership materials and shopping card for any refund to be processed. Included in Your membership fee is a $10.00 non-refundable application fee. If the refund of initial card membership procedure is met, the Company will refund the $19.95 enrollment fee only.
18. CANCELLATION AND REFUND POLICY FOR MONTHLY BENEFIT MEMBERSHIP: The $19.95 monthly charge will continue to be processed until Your Account is cancelled by calling 1-888-805-7648 or at firstname.lastname@example.org. 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.
19. MERCHANDISE PURCHASES: All Cardholders will be required at the time of the order to pay 15% 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.
20. 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.
21. 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.
22. 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.
23. 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).
24. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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 You Account as well as other offers or programs that the Company believes may be of interest to You.
32. 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.
33. 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.
34. 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, YOUR 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.
35. 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 Cardholder’s 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.
36. 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.
37. 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.
38. 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: September 14, 2017