USA
CREDITTM SHOPPING CARD
MEMBER
AGREEMENT
USA
CREDITTM SHOPPING CARDS
are issued with:
NO Credit Check - NO
Interest Charges
This
Agreement contains the Terms and Conditions of
becoming a USA CreditTM Shopping
Cardholder
NOTICE TO CARD
MEMBER: (A) DO NOT USE THIS CHARGE ACCOUNT BEFORE YOU READ THIS AGREEMENT
CAREFULLY. (B) USA CREDITTM SHOPPING CARDS
ARE NOT A VISA® OR A MASTERCARD®. (C) THE COST OF MEMBERSHIP IN THE USA CREDITTM SHOPPING CLUB
PROGRAM IS $149.95. (D) IF APPLICABLE, THE COST OF THE ELITE SERVICES IS $19.95
PER MONTH AND WILL BE AUTOMATICALLY
DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY CANCEL THE
ELITE SERVICES AT ANY TIME PER SECTION 6 OF THIS AGREEMENT. (E) IF
APPLICABLE, THE COST OF THE LIVE WELL SERVICES IS $19.95 PER MONTH AND WILL BE
AUTOMATICALLY DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY
CANCEL THE LIVE WELL SERVICES AT ANY TIME PER SECTION 7 OF THIS AGREEMENT. (F) IF APPLICABLE, THE COST
OF THE OF THE USA CREDIT CARE SERVICE IS $9.95 PER MONTH AND WILL BE
AUTOMATICALLY DEDUCTED FROM YOUR BANK ACCOUNT UNTIL CANCELLED BY YOU. YOU MAY
CANCEL THE USA CREDIT CARE SERVICE AT ANY TIME PER SECTION 8 OF THIS AGREEMENT.
(G) FREE PRODUCT: IF APPLICABLE,
MEMBERS WHO MAINTAIN THEIR ELITE SERVICES OR LIVE WELL SERVICES MEMBERSHIP AND
MAKE ON-TIME PAYMENTS FOR THE NUMBER OF CONSECUTIVE MONTHS REQUIRED BY THEIR
PROGRAM WILL BE ENTITLED TO RECEIVE A FREE PRODUCT, PURSUANT TO SECTION 5 OF
THIS AGREEMENT. (H) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER
THIS AGREEMENT WITHOUT PENALTY OR ADDITIONAL COSTS.
(I) CASH ADVANCES: IF APPLICABLE, ACCOUNT
HOLDERS MAY REQUEST A CASH ADVANCE AFTER ON-TIME REPAYMENT OF MERCHANDISE
PURCHASES, IN THE TOTAL AMOUNT OF FIFTY PERCENT OF TOTAL MERCHANDISE REPAYMENTS
SINCE INCEPTION OF MEMBERSHIP, CAPPED AT $500. (J) GUARANTEED QUALIFICATIONS:
YOU MUST BE 18 YEARS OF AGE, A U.S. CITIZEN OR PERMANENT RESIDENT WITH
NO UNDISCHARGED BANKRUPTCIES, MONTHLY INCOME OF AT LEAST $1,000 AND THE ABILITY
TO MAKE A MONTHLY PAYMENT ON PURCHASES OF AS MUCH AS $250. MEMBERSHIP IS NOT
AVAILABLE TO RESIDENTS OF WISCONSIN, VERMONT AND INDIANA.
|
Annual Percentage Rate for Purchases |
0% |
|
Variable-rate Information |
N/A |
|
Grace Period for Repayment of Balances for Purchases |
N/A |
|
Method of Computing the Balance for Purchases |
N/A |
|
Minimum Finance Charge |
N/A |
|
Transaction Fee for Purchases |
N/A |
|
Inactivity Fee |
$19.95 |
|
Fees for Paying Late |
$10.00 |
|
Fee for Exceeding the Credit Limit |
N/A |
|
Fee for Returned Checks, ACH Debits and Credit Cards |
$30.00 |
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" and
“Cardholder” mean the Card Member or Cardholder; the words "We" or
"the Company" mean USA CreditTM and Commonwealth
Marketing Group, Inc. (CMG), located in Uniontown, Pennsylvania; and the words
"Charge Account" or "Account" mean the USA Credit 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 USA CreditTM Shopping Card
Account.
This Agreement describes the Terms and Conditions
under which My USA CreditTM Shopping Card
Account is issued. I certify that I am at least 18 years of age, I have income
of at least $1,000 a month and have the ability to make a monthly payment for
merchandise purchases of as much as $250 if I use my entire credit limit, and
the information I provided to USA CreditTM in order to
obtain this Charge Account is true and accurate. I understand that My use of the Charge Account constitutes My acceptance and
agreement to comply with and be bound by the Terms and Conditions of this
Agreement. I understand that My card is being issued
with no credit check or investigation. The Minimum Monthly Payment required on My outstanding balance is $25.00 or 10% of the outstanding
balance, whichever is greater. (See "14. 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 USA CreditTM Shopping Card,
I certify that My digital signature is the equivalent
of My handwritten signature. Also, I declare that I have read and understand
all of the Terms and Conditions of this Agreement and I agree to and do sign
each section of these Terms and Conditions of this Agreement with My digital
signature.
1. ACCEPTANCE OF AGREEMENT: This Agreement and the Web Site constitute the entire
agreement between Me and the Company and warranties
and/or understandings with respect to the Web Site, and I agree to review this
Agreement prior to each use of the Web Site, the Service and/or My Account. The
latest Agreement will be posted on the Web Site.
2. DISCLAIMERS: USA CreditTM is not a credit
services organization, financial or banking institution. My Account is a line
of credit that can be used by an Accountholder to shop exclusively at the USA
CreditTM Shopping Club Web site. This is not a credit repair
service.
3. RETURNED AND NSF ACH PAYMENTS: In the event that My membership fee is returned due to
non-sufficient funds, I understand and agree that USA CreditTM may, at its
sole option, either: a) issue my USA CreditTM Shopping Card
with a credit line of $2,500 and debit My bank account for my enrollment fee in
twelve (12) equal debits, each for 1/12 of the enrollment fee; or b) issue My
USA CreditTM Shopping Card
with a credit line of $1,000 for a one-time enrollment fee of $49.95, which
will be debited from My bank account. USA CreditTM may immediately
attempt to collect those amounts by presenting My ACH authorization to My original banking institution. The Elite Services, Live
Well Services or USA Credit Care Service, if applicable, will not be affected
or interrupted by the credit line reduction. I am authorizing the debiting of My bank account; therefore, USA CreditTM is not responsible for any overdraft fees charged by
My bank or incurred by Me due to draft attempt(s).
4. CHARGE CARD - CREDIT LIMIT: My USA CreditTM Account has
been issued with a starting credit limit, which is indicated on the Account
Information Form.
5. FREE PRODUCT: If applicable, I must be enrolled in the Elite Services or Live Well
Services and make on-time payment for My membership
for a minimum of the number of consecutive months required by My program from
the Account activation date to qualify for a free product, and My Account must
be in good standing. To receive My
free product, after the number of consecutive months of membership required by
My program, I must send My request in writing to: Member Services, One
Millennium Drive, Uniontown, PA 15401. No notice will be sent to Me.
6. ELITE SERVICES: If enrolled in the Elite Services, I understand that I will receive
privileges in USA Credit Care, USA Prescription Discount Plan and USA Roadside
Assistance Plan. I will be granted access to the Elite Services upon
verification of receipt of payment of the $149.95 USA CreditTM Membership Fee,
or other applicable enrollment fee, and confirmation of My
identity. The Company will debit my bank account every thirty days in the
amount of $19.95 in which I maintain My Elite Services. I understand that I may
cancel My Elite Services at any time by contacting the Member Services
Department at 1-800-262-4192 or at memberservices@usacdt.com.
If I cancel My Elite Services after the monthly debit has occurred, I will
cancel any subsequent debits; however, I will not receive a refund for the
current month. Use of Your Credit Care account requires activation. Upon
activation with USA Credit Care, I agree to be bound by the User Agreement
provided at the USA Credit Care enrollment site.
7. LIVE WELL SERVICES: If enrolled in the Live Well Services, I understand
that I will receive privileges in the USA Dental Plan, USA Vision Plan, USA
Prescription Plan, USA Chiropractic Plan and access to a 24 hour Nurse Hotline.
I will be granted access to the Live Well Services upon verification of receipt
of payment of the $149.95 USA CreditTM Membership Fee
or other applicable enrollment fee. The Company will debit My
bank account every thirty days in the amount of $19.95 in which I maintain My
Live Well Services. I understand that I may cancel My Live Well Services at any
time by contacting the Member Services Department at 1-800-262-4192 or at memberservices@usacdt.com. If I cancel My Live
Well Services after the monthly debit has occurred, I will cancel any
subsequent debits; however, I will not receive a refund for the current month.
8.
USA CREDIT CARE: If enrolled in the USA Credit Care, I understand that
I will receive privileges in USA Credit Care. I will be granted access to USA
Credit Care upon verification of receipt of payment of the $149.95 USA CreditTM Membership Fee
and confirmation of My identity. The Company will
debit My bank account every thirty (30) days in the
amount of $9.95 in which I maintain My USA Credit Care Service. I understand
that I may cancel My USA Credit Care Service at any time by contacting the
Member Services Department at 1-800-262-4192 or at memberservices@usacdt.com. If I cancel My USA Credit Care Service after the
monthly debit has occurred, I will cancel any subsequent debits; however, I
will not receive a refund for the current month. Use of Your Credit Care
account requires activation. Upon activation with USA Credit Care, I agree to
be bound by the User Agreement provided at the USA Credit Care enrollment site.
9. RESPONSIBILITY AND
LIABILITY: The Company shall
have no liability with regard to any services provided by any vendor/benefit
provider. I agree that any claim with regard to any services shall be made
against the vendor of such services and not the Company 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
Elite Services, Live Well Services or USA Credit Care Service 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 REPORTING: I understand that the Company is a
subscriber to a Credit Bureau and that My new Account
as well as My monthly payment history may be reported to that Credit Bureau.
11. CREDIT BUREAU ACCESS: The Company will not access My
personal credit report as part of the activation process in establishing My
initial credit Account. However, the Company reserves the right to access My personal credit report.
12. MONTHLY BILLING FOR UNPAID AMOUNTS: I will be billed each month for the balance of
charges made to My Account. My Account must be maintained on a current basis to
make additional credit purchases and to receive additional Card Member
benefits.
13. 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.
14. MINIMUM MONTHLY PAYMENT/AUTOMATIC PAYMENT PLAN
PAYMENT AMOUNT: I agree to pay at
least the minimum payment amount 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 My Account shows an outstanding balance) is calculated
by finding the greater of (a) or (b): a) 10% of the Account balance owed on My
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 My Account balance decreases. Should My new balance be less than $25.00, the payment due will be
the amount of the new Principal Balance. By applying for the USA CreditTM Shopping Card,
I request and authorize the Company to automatically deduct from My bank account the minimum payment due each statement or
billing cycle. When I receive My USA CreditTM Shopping Card,
I may call USA CreditTM Member Services
to modify the amount that I 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 I select a fixed payment amount, the Company may still deduct from My bank account the minimum payment due if that amount due
is greater than the amount I selected for My fixed payment.
15. DELINQUENT ACCOUNT: My 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.
16. DEFAULT ON ACCOUNT: I will be in default if: a) I fail to pay the Minimum
Monthly Payment when due; or b) I breach any of the Terms and Conditions of
this Agreement. If I am in default, the Company has the right to: a) demand Me
to 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 proceed with legal action.
17. MEMBERSHIP, APPLICATION AND ENROLLMENT FEES: The initial cost of My
membership includes an application and enrollment fee. The total initial
membership fee is $149.95. This charge breaks down as follows: $114.95
enrollment fee and a $35.00 application fee. The application fee is non refundable.
If the refund of card membership procedure is met, the Company will refund My enrollment fee only. Should My
enrollment fee be reduced to $49.95 in the event of My membership fee being
returned for insufficient funds, and a credit line of $1,000 will be issued,
pursuant to Section 3 of these Terms and Conditions, the refundable part of
that enrollment fee will be $39.95.
18. REFUND OF CARD MEMBERSHIP: I may cancel My enrollment
into the USA CreditTM Shopping Club
Program within (30) days from the receipt of the Welcome Kit and USA CreditTM Shopping Card.
To receive a refund of My enrollment fee, I must first
contact the Company to obtain a Return Authorization Number. Upon
receiving My return authorization number, I will be
required to return all membership documents as well as My USA CreditTM Shopping Card to: USA Credit, One Millennium Drive,
Uniontown, PA 15401. REFUND GUIDELINES MUST BE CAREFULLY FOLLOWED TO ASSURE
A PROMPT REFUND OF MONIES. There will be a non-sufficient funds fee of
$30.00 deducted in the event that any debit previously authorized by Me has been returned unpaid by My bank for any reason. There
will be no refund in the event that there are Unpaid Balances posted to My
Account or if there are pending merchandise orders. I must allow at least seven
(7) business days from the Company’s receipt of My
membership materials for My refund to be processed. Included in My membership
fee is a non-refundable application fee. If the refund of card membership
procedure is met, the Company will refund My
enrollment fee only. IMPORTANT: Merchandise return policy and instructions are
explained on the product order forms and/or on the shopping Web Site.
19. INACTIVITY FEE: The Company may impose an inactivity fee of $19.95, at the end of any twelve-month period in which there has been no
activity on My Account during such period. The first twelve (12) month period
shall end on the first anniversary date of My
membership in USA Credit™. Subsequent successive twelve (12) month
periods will end on the thirteenth (13) month of the anniversary date of My
Membership and every month thereafter. The inactivity fee will be waived by the
Company in the event that I have, during the relevant preceding twelve (12)
month period timely made all payments due by Me to the
Company, including but not limited to any monthly fee payments, and any Minimum
Monthly Payments.
20. CASH ADVANCES: If applicable, after on-time completion of repayment in full of
merchandise purchases, I shall be eligible to request a cash advance in the
amount not to exceed fifty percent (50%) of the total amounts paid since My
Account was established, but not to exceed $500. Cash advances will bear 0%
interest, shall be applied to my USA Credit Account balance and repaid by Me like any other account balance for purchases, pursuant to
Section 14. No more than one cash advance may be outstanding and un-repaid in
full at any one time.
21. DOWN PAYMENT FOR MERCHANDISE PURCHASES: USA Credit
customers with no prior account payment history or who have no account balance
at the time of placing an order, who place an order of $300 or greater, will be
required at the time of the order to pay 10% of the merchandise portion of the
order, plus shipping and processing fees and any applicable sales tax.
22. CANCELLATION OF ACCOUNT: My USA CreditTM Shopping Card
Account will be active for 12 months from the date of issue. The Company, at
its sole discretion, may cancel this Agreement and may demand payment in full
of the entire balance due, if I default on this contract. In the event the
Company cancels My Account, I will continue to be responsible to make full
payment of any remaining USA CreditTM Shopping Card
Account balance.
23. FRAUD RESOLUTION: As a matter of policy, the 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 I believe My bank account was fraudulently charged for the membership
fee, the Company will make every effort to aid in a resolution. Before the
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. Please allow us two (2) weeks for
resolution after We receive the report and statement.
24. SECURITY INTEREST: The Company, to the extent legally permissible,
retains a security interest in all merchandise charged on this Account until
the balance is paid in full.
25. APPLICABLE LAW: The law of the State of Pennsylvania shall apply to this Agreement.
26. PROPRIETARY RIGHTS: The content, organization, graphics, design,
compilation, magnetic translation, digital conversion, software and other
matters related to the Web Site, the Service and/or My 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 Service and/or
My Account are strictly prohibited. I do not acquire ownership rights to any
content, document, software, service or other materials viewed at or through
the Web site, the Service and/or Your Account. The posting of information or
material at the Web site and Service by the Company does not
constitute a waiver of any right in such information and/or materials.
27. PRIVACY POLICY: Use of the USA CreditTM Shopping Club
Web Site, the Service and/or My 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 I authorize the Company, to use and assign
all information regarding My Web Site, Service and Account use, and any and all
other personal information provided by me, in any manner consistent with the
Company’s Privacy Policy.
28. INDEMNIFICATION: I 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 My breach of this
Agreement and/or My use of the Web Site, the Service and/or My Account, in any
manner whatsoever.
29. AUTHORIZATION TO OBTAIN & DISCLOSE
INFORMATION: By becoming a member of
the USA CreditTM Shopping Club
Program and obtaining the USA CreditTM Shopping Card,
I authorize the Company to obtain a Credit Report that is based on the
information that I provide to the Company as well as exchange information about
how I handle My Account with lawful recipients and with the Credit Bureau. The
Company may require Me to provide updated and/or
additional information during the term of My card membership in order for Me to
receive additional benefits.
30. 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 My 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 Me, the Company
may arrange to extend offers of goods or services to Me 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 My credit report(s), credit
card processors, email communications management firms or call center
providers. The Company may also disclose nonpublic personal information about
me to nonaffiliated third parties as permitted by law.
31. MEMBERSHIP IN GOOD STANDING REQUIREMENT: I understand that My charge
privileges, current charge limit, current down payment/no down payment
requirement, credit bureau reporting, or other card member benefits and/or
special promotions/programs are subject to My maintaining My Account in good
standing by making My Minimum Monthly Payments on time. Should I become
delinquent on My Account, or in default, I understand that my privileges and
benefits may be changed and/or suspended until I have re-established a
consistent pattern of on-time Minimum Monthly Payments. I certify that I have
read, understand and agree to all the Terms and Conditions and Disclosures
written in this Agreement. I certify that all the information I 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 February
2010. The information may be changed after that date. To find out what may have
changed, write to the Company at USA Credit, One Millennium Drive, Uniontown,
PA 15401. 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.
Terms and Conditions of this Program may be modified
and Services and Benefits may be added or deleted at any time.
32. COMMUNICATIONS: I understand and agree that the Company may contact Me
via telephone (both live and recorded messages), e-mail, mail, and other forms
of communication, pertaining to My Account as well as other offers or programs
that the Company believes may be of interest to Me.
33.
FAIR
CREDIT REPORTING ACT: Under the Fair Credit Reporting Act, I
acknowledge that I am entitled to receive an annual free disclosure of My
credit report from each of the national credit reporting agencies and that My
participation in Credit Care is independent of and in addition to My rights to
free disclosure of My credit report under the Fair Credit Reporting Act.
34. 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 I am married, I may apply for credit
in my own name.
NOTICE FOR FLORIDA RESIDENTS: I (borrower) agree that,
should the Company obtain a judgment against Me, a
portion of My disposable earnings may be attached or garnished (paid to the
Company by My employer), as provided by Florida and Federal law.
NOTICE FOR MAINE RESIDENTS: The Company may request a Consumer Report in
connection with My request for a credit line increase
or to be considered for some other USA CreditTM product. I may
ask whether the Company obtained a Consumer Report and the Company will tell Me 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 My
request, I 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: I 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.
35. DISCLAIMERS AND LIMITATIONS: THE WEB SITE, THE SERVICE, MY ACCOUNT AND ANY
MERCHANDISE OBTAINED THROUGH THE USA CREDITTM 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 SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE 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 SERVICE, MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH
THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND
THE COVERED PARTIES ARE NOT LIABLE TO ME 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 ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND ME. THE WEB SITE, THE SERVICE,
MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE
PROVIDED TO ME WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY ME FROM THE COMPANY THROUGH THE WEB SITE, THE SERVICE,
MY ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE, 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 SERVICE IS DISCLAIMED. I UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEB SITE, THE
SERVICE AND/OR MY ACCOUNT IS DONE AT MY OWN DISCRETION AND AT MY OWN RISK. I
WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO MY COMPUTER SYSTEM OR LOSS
OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
THE COMPANY’S MAXIMUM LIABILITY TO ME UNDER ANY AND ALL CIRCUMSTANCES WILL BE
EQUAL TO THE LOWEST PURCHASE PRICE THAT I HAVE PAID FOR ANY SINGLE PIECE OF
MERCHANDISE AT THE WEB SITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE
FOREGOING, THE COMPANY SHALL NOT BE LIABLE TO ME FOR ANY SERVICE, GOODS OR
INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE
WEB SITE AND/OR SERVICE.
36. BILLING RIGHTS: This notice contains important information about My
rights and the Company’s responsibilities under the Fair Credit Billing Act.
Notify the Company in Case of
Errors or Questions about the Cardholder’s Statement of Account.
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.
Commonwealth Marketing Group Inc. is a private
Pennsylvania Corporation in the business of providing a Home Shopping
Charge/Purchasing Program through its USA CreditTM Division and
USA CreditTM is a service
mark of Commonwealth Marketing Group, Inc. and Commonwealth Marketing Group,
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 I have any legal questions
concerning My rights or My credit, I should contact an
attorney.
37. CHOICE OF LAW; JURISDICTION AND VENUE: The laws of the Commonwealth of Pennsylvania shall be
applied in any dispute or claim arising between the Company and the Cardholder.
Any and all lawsuits or claims arising out of this Agreement or the
relationship covered hereby shall be brought exclusively in the Courts of
either Fayette County, Pennsylvania, or the US District Court for the Western
District of Pennsylvania, without regards to their conflicts of laws rules.
Copyright Commonwealth Marketing Group Inc.
All Rights Reserved©
02.10
USA Credit
Commonwealth Marketing Group, Inc.
One Millennium Drive ● Uniontown, PA 15401